HomeMy WebLinkAboutHX01 ORDER re Pre Hearing 071425
PREHEARING 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 )
)
HABITAT FOR HUMANITY OF ) PREHEARING ORDER
EAST JEFFERSON COUNTY )
)
Parcel No. 901-023-007 (Port Hadlock) )
____________________________________)
A public pre-decision hearing on the above-referenced matter is scheduled before this
Hearing Examiner for 11:00 a.m., Tuesday, July 15, 2025, in the Chambers of the Board of
County Commissioners, 1820 Jefferson Street, Port Townsend, WA 98368. The Examiner has
reviewed the public online laser-fiche file of exhibits for the above-referenced matter1 and seeks
additional information necessary for conduct of this proceeding and issuance of a decision.
1. Basis for the Order.
This application and hearing for a subdivision within the Port Hadlock UGA involves a
proposal to construct over 130 housing units on an existing 17-acre vacant lot. The size of the
property perimeter, the number of agencies involved, and the nature of the case in general
suggest this is a case of high public visibility. This is indicated by the preparation of a long list
of “parties of record,” filed by DCD on July 10, 2025 (an exhibit number will be assigned at
hearing). In addition to the list of agencies and tribes provided with notice, the list includes a
long list of adjacent property owners and other individuals.2
1 The Exhibits were viewed on July 9 and 14, 2025 at:
https://test.co.jefferson.wa.us/WebLinkExternal/Browse.aspx?dbid=0
2 DCD’s list of “parties of record” does not include any indication of whether the listed person is an owner of
property within 300 feet of the project.
PREHEARING 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 Jefferson County Hearing Examiner Rules authorize the Hearing Examiner to
continue or postpone hearings; regulate the course of hearings, maintain order; and prepare and
finalize a Parties of Record Registry, HX Rules 2.2; 5.5; 5.6(B). Hearing Examiner Rule 2.3(b)
requires the filing of a declaration “attesting to the notice given of the hearing, including dates
and places of publication, persons and addresses noticed, and lists of addresses for adjacent
property owners,” to become a part of the record in the case.
RCW 36.70B.130 requires the County to issue a “notice of decision” at the end of this
hearing “to the applicant and any person who, prior to the rendering of the decision, requested
notice of the decision or submitted substantive comments on the application.” Toward that end,
the Hearing Examiner’s Office needs not only a “parties of record” registry and a declaration of
who received public notice, but also a comprehensive list of everyone who has ever commented
on the application at any time” during the proceeding – up to the close of the hearing and record
as determined by the Hearing Examiner. Having considered the logistical and administrative
burden of requiring the Hearing Examiner Clerk to maintain three types of notice lists, the
following order is necessary to bring clarity and simplicity to the notice requirements for this
matter.
2. Analysis.
The “parties of record” list filed on July 10, 2025 by DCD (Exhibit number forthcoming)
does not include any statement that this is a comprehensive listing of all who received notice of
the public hearing, as required under Hearing Examiner Rule 2.3(b). More on point, DCD’s
filing does not provide a listing of all persons who have commented on the proposal, as a distinct
category under RCW 36.70B.130. Exhibit 14 does not provide the information required by HX
Rule 2.3(b) and RCW 36.70B.130.3 The Examiner is left opening a hearing without a clear
picture of the evidence of public hearing notice necessary to reach a decision of conformity with
applicable law.
3 Exhibit 14 is a certificate of mailing as to the Notice of Application, the Permit application and the proposed
Preliminary Plat Map. It is mislabeled on the County’s draft exhibit list as a “Notice of Public Hearing and SEPA
MDNS.” The declaration does not attest to persons notified of the public hearing or the SEPA MDNS. The
Certificate references attachments that are not attached to or made a part of Exhibit 14.
PREHEARING 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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3. Order Consolidating Notice Lists.
The Examiner in this case has determined that the most orderly case management for this
large housing subdivision proposal is to ensure that the list of persons required under RCW
36.70B.130 be combined with the “Parties of Record Registry” under Hearing Examiner Rule
5.6(B), and the Declaration required under Hearing Examiner Rule 2.3(b) so that there is one list
for purposes of notice of hearing and issuance of the decision.
DCD is hereby ordered to provide the following at the outset of hearing and be prepared
to answer the Examiner’s follow-up questions in sworn testimony:
1. A list of all persons or entities who received written notice of the July 15 public
hearing, including for each individual: (a) the date the notice was sent; (b) whether it was sent by
mail or email; (c) the address to which it was sent; (d) a statement of whether the person
provided with notice was a property owner within 300 feet; (e) whether the person commented
substantively on the application at any time; and (f) whether the person requested to be a “party
of record.” RCW 36.70B.130; Hearing Examiner Rule 2.3(b).
2. Revised language as necessary to replace and make accurate the statements in the
Staff Report, Exhibit 1, at Section A(10) at 2.
3. In the event persons or entities who have commented substantively on the
application are not on the foregoing list, a listing of those persons or entities with the exhibit
number for their comment, or the date of and nature of their comment.
In the interest of time, these lists may exclude for now agencies, tribes, special purpose
districts, schools, or other governmental entities, and the lists need not be sworn statements at
this time, provided there is testimony under oath as to their accuracy to the best of the witness’
knowledge this time.
SO ORDERED, this 14th day of July, 2025.
_________________________________
Tom Ehrlichman, Hearing Examiner