HomeMy WebLinkAboutHX05 ORDER re Second Case Management 092925
SECOND CASE MANAGEMENT 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
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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 ) 2ND CASE MANAGEMENT
EAST JEFFERSON COUNTY ) ORDER
)
Parcel No. 901-023-007 (Port Hadlock) )
____________________________________)
In the interest of concluding this matter as soon as possible, the Hearing Examiner
consolidates and updates the various directives in the original Order of Continuance and Case
Management Orders (July 18, 2025) and subsequent Status Conference Order (September 4,
2025). Both orders contained directives by the Examiner designed to ensure that the continued
hearing would be based upon a complete record. Since then, the parties have submitted
numerous exhibits to meet those requirements. The following lists the work left to do and
outlines possible timelines for completion of this matter.
I. SCHEDULING OF PREHEARING CONFERENCE & CONTINUED HEARING
This order outlines what the Hearing Examiner will require be presented in the record
before the case proceeds to final hearing. Once the elements of a required record are received
and are complete, the Examiner will schedule a brief telephonic prehearing conference open to
all parties of record to set a date and time for the continued hearing.
The Examiner anticipates the Prehearing Conference could be scheduled for as soon as
10:00 a.m., October 14, 2025, and the continued hearing could be set for as early as 10:00 a.m.
October 20 or 21, 2025, depending on the Applicant’s readiness and the availability of the parties
and witnesses. The parties and witnesses are advised to keep those conference hearing dates and
SECOND CASE MANAGEMENT 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
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times open if possible.1 If necessary, the hearing could be opened and continued again to receive
all required witness testimony.
II. DOCUMENTS SUBMITTED PURSUANT TO PRIOR ORDERS
Following issuance of the prior orders, and as of this writing, the Office of the Hearing
Examiner is in receipt of the following substantive responses, among others:
1. Exh. 44: (also appearing at Exh. 22-02)
First Declaration of Phil Cecere, Jefferson County Fire Marshal, Building
Official (Aug. 6, 2025), with Attachment:
Letter From Phil Cecere, Jefferson County Fire Marshal, Building
Official to Hearing Examiner Tom Erlichman (sic) dated Aug. 6, 2025
2. Exh. 45 Jefferson County’s Legal Memorandum Requested by the Hearing
Examiner
3. Exh. 46 Transmittal of Exhibits Related to Fire Safety, Memorandum from Cap Ex
Advisory Group (Sept. 5, 2025), with Attachments:
Exhibit 47 MAP MSN-EMS 150 Hose
Exhibit 48 MAP MSN-EMS AT Aerial
Exhibit 49 MAP MSN-EMS AT Pumper
Exhibit 50 MAP MSN-Water 0911252
4. Exh. 52 Declaration of Monte Reinders in Response to Hearing Examiner’s Status
Conference Order Dated September 4, 2025
5. Exh. 53 Utility Easement - Letter from Samantha Harper, PE, Wastewater Project
Manager, Jefferson County Public Works to Mo-Chi Lindblad (Sept. 23,
2025)
6. Exh. 56 Overview of the Application Process for the Mason Street Neighborhood
(MSN) A Unit Lot Subdivision in the Irondale and Port Hadlock Urban
Growth Area (PHUA) from Jefferson County Department of Community
Development (undated)
7. Exh. 58 Letter from Bret Black, Fire Chief, East Jefferson Fire Rescue to Hearing
Examiner Tom Erlichman (sic) (Sept. 19, 2025)
8. Exh. 36 Proposed Preliminary Plat, Signed by Applicant’s Civil Engineer
1 The parties are hereby notified that the Hearing Examiner is not available during the period November 19 through
December 2, 2025.
2 This is the original submittal of the draft water system plan, which did not show fire hydrants. A subsequent
update was filed on or about Sept. 12, 2025, and will be given a separate exhibit number.
SECOND CASE MANAGEMENT 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
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III. DOCUMENTS/TESTIMONY MISSING FROM THE RECORD
1. Plat Exhibit. The Applicant shall demonstrate compliance that its Exhibit 3, Exhibit 36
or any replacement document complies with all requirements in JCC 18.35.290, .300 – the
requirements for a preliminary plat document to be reviewed and approved by a Hearing
Examiner. The full-size copy with the civil engineer’s signature on it should be produced at the
live continued hearing for review. If the Applicant’s intent is to combine the sheets of this plat
document with the site development plan (below), the information must be legible, to scale and
clearly labeled with a legend and a table of contents describing the sheets that comprise the
official plat and sheets that comprise the official site development plan. The plat should clearly
specify the revision date of the document presented for Hearing Examiner approval. The final
revised document shall be provided to the County Fire Marshal, the Fire Chief for the East
Jefferson Fire and Rescue and to the witness that WSDOT intends to present at hearing.
2. Site Development Plan Exhibit.
The County code makes clear that unit lot subdivisions (ULS) are processed as long
subdivisions, JCC § 18.35.800(4), and that the approval includes review and approval of a site
development plan in addition to the plat that serves as the basis for final plat approval:
JCC § 18.35.800(5). As clarified by DCD at hearing, the Examiner makes the site plan approval
decision that otherwise might be made by the administrator.
The Examiner made clear in his two prior orders that a detailed site development plan is
required in this instance because the project will result in construction of over 135 units of high
density housing, including congregate housing. At Page 4 of the Examiner’s Status Conference
Order, he made clear that site plan review was part of the Applicant’s burden of proof.
The requirements for a site development plan submitted as part of the long plat review
and approval are described in JCC §§ 18.40.100(1), (2) and (3). Because this is a multi-family
development, that site plan must be prepared by a licensed civil engineer, architect or landscape
architect. JCC § 18.40.100(2). The Examiner finds nothing in the Application provided in
Exhibit 2 that demonstrates compliance with these requirements.
SECOND CASE MANAGEMENT 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
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With respect to the County’s requirement that the site plan include “(g) Fire protection
requirements (water lines, hydrants, fire suppression systems, uses within structure, etc.),” the
Applicant’s representative submitted Exhibits 47 – 50, but none of them are signed by a licensed
professional. JCC § 18.40.100(2)(g). Nothing on fire protection was provided as part of the
submitted plat materials, Exhibit 36, other than the layout of water mains. That exhibit still does
not identify proposed fire hydrant locations.
In addition to providing the important information required by subsection (2), the
Examiner requires that the site plan provide the following information in subsection (3) as well:
The Examiner notes that a “a completion date for each phase” is also required for phased
subdivisions in JCC § 18.40.100(3)(a), 18.40.660.
3. Fire-Official Testimony or Exhibit. Written signed review from County Fire Marshal
Cicere and Fire Chief Black, East Jefferson Fire and Rescue, specifying what plans were
reviewed (by date) and any specific fire protection regulations relied upon with respect to fire
suppression (sprinklers). The Examiner requires documentation or live testimony verifying:
• All improvements are designed in conformance with applicable fire safety standards in
Jefferson County Code Title 18,3 based on a review of:
o The Applicant’s proposed Preliminary Plat, signed by a licensed civil engineer,
including without limitation review of preliminary fire hydrant locations, fire
access routes and dimensions, and congregate buildings (the date of the plan
revision reviewed must be identified);
o The Applicant’s proposed Site Development Plan, signed by a licensed civil
engineer, including without limitation review of preliminary fire hydrant
locations, fire access routes and dimensions, and congregate buildings (the date
of the plan revision reviewed must be identified); and
• Citations to applicable fire safety regulations adopted by Jefferson County reviewed in
determining that sprinklers are not needed in the multi-family residences or congregate
housing.
3 See Jefferson County Code § 18.35.570, .610 (All divisions of land shall meet the fire protection and improvement
standards adopted by Jefferson County).
SECOND CASE MANAGEMENT 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
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Letters from both fire officials are in the record. Exhibits 22, 44, 58. New submittals are not
necessary since live testimony can provide the above information on the record. Alternatively, if
fire officials prefer to provide these verifications in writing to the Office of Hearing Examiner
five days prior to hearing and request to be excused as a hearing witness, the Examiner will
review those submittals to determine if they contain the requested detail, and then may decide to
issue an order removing one or both of them from the witness list.
4. WSDOT Testimony or Letter. The record does not yet contain a definitive
statement from WSDOT of what mitigation recommendation it is asserting with respect to the
intersection at SR 19 and SR 116. The Examiner requires clarity at the preliminary plat approval
stage for purposes of determining compliance with the SEPA Mitigated Determination of
Nonsignificance, which contains one condition requiring that the applicant comply with that
recommendation. The condition was not appealed and remains a part of this record.
5. Environmental Checklist. DCD is directed to submit a copy of the environmental
checklist and any departmental changes to the checklist that serve as the basis for the MDNS as
an exhibit in the record.
IV. WITNESS LIST FOR HEARING
None of the parties submitted preliminary witness lists as invited by the Status Conference
Order. The Examiner, sua sponte, has requested witness appearances to ensure the record is
complete prior to a decision. The following is a Preliminary List of Witnesses the Examiner has
requested or is requesting appear at the upcoming continued hearing:
1. Applicant engineer signing the final proposed Plat (Exh. 3):
Matt Craig (mcraig@parametrix.com)
2. Darren Sandeno (dsandeno@parametrix.com) (at Applicant’s suggestion)
3. Zac Garrard (zgarrad@parametrix.com) (at Applicant’s suggestion)
4. Applicant Civil Engineer signing the Applicant’s final proposed Site Plan
5. Sarah Ott, P.E., Olympic Region Traffic Engineer, designated by WSDOT as WSOT
witness on intersection mitigation at SR19/SR116
6. DCD: Greg Ballard (GBallard@co.jefferson.wa.us)
7. Phil Cecere, Jefferson County Fire Marshal and Building Official or his authorized
deputy who has reviewed the final proposed plat and final proposed site plan
(PCecere@co.jefferson.wa.us)
SECOND CASE MANAGEMENT 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
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8. Mr. Monte Reinders, Jefferson County Public Works Director and County Engineer
9. Bret Black, Fire Chief, East Jefferson County Fire and Rescue (bblack@ejfr.org),
identifying the specific exhibit reviewed (“preliminary drawings”), referenced in his
Exhibit 58
10. Tim Pula, Cap Ex Advisory Group (tim@capexadvisory.com), Authorized
Agent/Representative for the project. Tel: (443) 463-2757, by virtual appearance
V. PREHEARING CONFERENCE
This matter was continued at the request of the Applicant, which has the burden of proof.
At the appropriate time, the Hearing Examiner intends to hold a prehearing conference at which
a continued hearing date will be scheduled. The purpose of the prehearing conference will be to
determine whether evidence requested by the Hearing Examiner has been filed and to determine
possible dates for a rescheduled first continued hearing based upon when the parties and
witnesses requested by the Hearing Examiner will be available.
At the outset of the prehearing conference, the parties are directed to comment upon
whether the documentation described in this order has been prepared, whether it is complete and
when it will be ready for filing in advance of hearing, for review by the public, the parties and
the Examiner.
The prehearing conference will be scheduled when the Applicant indicates to the Clerk
that it believes the record is now complete and the case is ready for final presentation at hearing.
Upon receiving that request in writing, the Clerk is directed to schedule the prehearing
conference with the parties.
Modifications to this order and any requests for clarification by any party or witness shall
be made by motion rather than through private email or telephonic communication with the
Clerk. All motions shall be filed and served in accordance with the Hearing Examiner Rules of
Procedure.
SO ORDERED, this 29th day of September, 2025.
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Tom Ehrlichman, Hearing Examiner