HomeMy WebLinkAboutHX06 ORDER re Second Pre Hearing Conference 102125
SECOND PREHEARING CONFERENCE ORDER
FILE NO. SUB2025-00012 -- 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 )
) SECOND PREHEARING
HABITAT FOR HUMANITY OF ) CONFERENCE ORDER
EAST JEFFERSON COUNTY )
)
Parcel No. 901-023-007 (Port Hadlock) )
____________________________________)
The Hearing Examiner held a virtual prehearing conference at 9:00 a.m. on October 21,
2025. In attendance were Greg Ballard, Administrator for the Department of Community
Development, and Dean Williams, legal counsel for the above-referenced applicant, along with
applicant representatives. The purpose of the conference was to schedule the continued hearing
on the merits and determine the status of the record, based on the Examiner’s prior Second Case
Management Order (Sept. 29, 2025).
The Examiner made the following rulings based upon discussion of compliance with the
Examiner’s prior orders, with comments and questions from the parties.
1. Schedule for Hearing.
The continued hearing is set for 10:00 a.m. on November 12, 2025 and will be held
virtually, only. A backup date is held at 10:00 a.m. on November 14, 2025, if needed for
continuation of the hearing. The Examiner announced that his Final Decision and Order would
not be issued until mid-December 2025, due to a prior scheduling conflict. No objection was
received from any party to that schedule.
2. Identification of Applicant’s Completed Plat and Site Development Plan Exhibits.
One of the purposes of the Prehearing Conference was to determine which exhibits are
complete and to identify the official plans for review and decision. The Examiner directed
counsel for the Applicant to clarify in writing as soon as possible: (a) which exhibit constitutes
SECOND PREHEARING CONFERENCE ORDER
FILE NO. SUB2025-00012 -- 2
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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the Applicant’s final version of the submitted preliminary plat for decision; and (b) separately,
which exhibit constitutes the Applicant’s final version of the Site Development Plan (SDP) for
decision. In the interests of case management, the two exhibits designated by the Applicant in
response to this Prehearing Conference will constitute the exhibits for hearing and decision in
this matter. No further evaluation from the Examiner will be forthcoming prior to hearing.1
3. Fire-Protection Testimony and Exhibits.
As required by the Second Case Management Order at 4-5, the County Fire Marshal, Phil
Cecere, has submitted written verification of what was required in a declaration; upon submittal
of his signature on the declaration into the record, he is hereby excused from appearing at the
hearing.
East Jefferson Fire and Rescue has not yet provided a written verification, as detailed in
the Second Case Management Order at 4-5. Live virtual testimony by the Fire Chief is required
at hearing.
At the Prehearing Conference, counsel for the Applicant verified that its Site
Development Plan exhibit provides the fire-safety details necessary to satisfy the requirements
for preliminary subdivision review. Since the Applicant relies on the SDP to meet the burden of
showing that the preliminary plat includes fire hydrants and other fire protection details, any
approval of the plat would include incorporation of the SDP sheets relevant to fire protection as
part of the preliminary plat.
4. Intersection of SR 19 and SR 116.
In the event the Unit Lot Subdivision/Long Plat and Site Development Plan were to be
approved, the Examiner would do so by issuing a condition parallel to the SEPA MDNS
condition (which was not appealed), but with more specificity as to what is being required and
how compliance with the condition can be determined. The Examiner has requested that the
1 The Second Case Management Order (see e.g., Pages 3-4) was sufficient to inform the Applicant of the submittal
requirements specified in code for the content of plat and SDP exhibits. Upon further reflection, the Examiner
declines the Applicant’s invitation to review its exhibits and comment. In previous orders, and again at the
Prehearing Conference, the Examiner has identified areas of particular concern to the Examiner in support of a Plat
and SDP decision. The burden is on the Applicant to submit exhibits that comply with code informational
requirements, and the Examiner encourages close review prior to certification of final exhibits.
SECOND PREHEARING CONFERENCE ORDER
FILE NO. SUB2025-00012 -- 3
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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parties submit proposed language for that condition, focused on WSDOT’s specific mitigation
requirements and on how compliance with that condition can be determined at final plat review.
The Examiner continues to request the live virtual testimony of Sarah Ott, P.E., Olympic
Region, WSDOT to provide clarity as to how Jefferson County would determine in the future
that the preliminary plat mitigation condition related to this intersection has been met. In the
alternative, WSDOT could provide a signed letter with a definition statement of what specific
mitigation WSDOT is requiring with respect to this intersection and how compliance would be
certified by WSDOT prior to final plat approval.
5. Environmental Checklist. Provided by DCD.
6. Witnesses.
The information received from Public Works Director and County Engineer, Monte
Reinders, was sufficient, and he is hereby excused from appearing at hearing. As noted above,
Fire Marshal, Phil Cecere, is excused from testifying at hearing upon receipt of a signed
declaration. The Examiner requested the presence of Greg Ballard, DCD administrator.
The Examiner requests that WSDOT and East Jefferson Fire and Rescue testify at
hearing, or in the alternative, submit signed letters specifying the items requested above. Mr.
Ballard from DCD indicated he would follow up with East Jefferson Fire and Rescue.
The Applicant was encouraged to communicate further with WSDOT to secure their
letter in advance of hearing or live virtual testimony at hearing. Failure to provide this
clarification from WSDOT or its live testimony could result in further postponement of the end
of the hearing.
At the Prehearing Conference, the Applicant verified that it will have civil engineers
familiar with the project present at hearing to answer questions.
Assuming all plat and SDP sheets are signed by a licensed civil engineer, and the
Applicant designates which ones are the final plat exhibit and final SDP exhibit, the Civil
Engineer signing those documents and Mr. Tim Pula are excused from testifying at hearing. If
that is not the case for either document, the testimony of both Mr. Craig and Mr. Pula is required
as set forth in the Second Case Management Order at 5-6.
7. Exhibit Log and Deadline for Submittal/Service of New Exhibits.
The Hearing Examiner intends to send the parties an order designating the final exhibit
SECOND PREHEARING CONFERENCE ORDER
FILE NO. SUB2025-00012 -- 4
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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list for the record by Friday, November 7, 2025. At hearing, the parties shall refer to exhibits
using the Hearing Examiner’s final exhibit list.
Any party wishing a document to be included in the Exhibit List record shall file the
document with the Clerk no later than 4:00 p.m. on Tuesday, November 4, 2025, and shall
simultaneously serve the documents upon all known parties by electronic mail.
Any documents submitted after 4:00 p.m. November 4, 2025 will become part of the
record only at the discretion of the Hearing Examiner and are to be served upon all parties by
electronic mail at the time of filing.
8. Full-Size Copy of Plat and SDP and Service of Copies. The Applicant is
reminded of the requirements of the Second Case Management Order at 3:1-10. The full-size
copy of the Plat and full-size copy of the SDP shall be delivered to the Office of Hearing
Examiner in person by no later than 4:00 p.m. on Tuesday, November 4, 2025, with notice of
delivery to the parties. The Clerk shall retain the full-size copy of plans until a Final Decision
and Order is issued and appeal periods have expired, at which point they shall be delivered to the
DCD Administrator for processing.
At the time the full-sized sheets are filed for the plat and SDP, the Applicant shall send
electronic copies of the designated plat and SDP to: (a) the designated witness for WSDOT; (b)
the Fire Marshall; (c) the Fire Chief for East Jefferson Fire and Rescue; (d) the Jefferson County
Director of Public Works; and (e) the Administrator for DCD, Greg Ballard. A copy of the
transmittal email with attachments shall be filed with the Clerk at the same time.
Parties seeking changes to this order must do so in a signed letter or motion (not by
telephone or email).
SO ORDERED, this 21st day of October, 2025.
_________________________________
Tom Ehrlichman, Hearing Examiner