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HomeMy WebLinkAboutExhibit 65-01 DCD and applicant Stipulation re Summary of Review Criteria Final Signed (0002)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 RECEIVED 10/30/25 EXHIBIT 65-01 BEFORE THE JEFFERSON COUNTY HEARING EXAMINER In the matter of Unit Lot Subdivision Application Submitted by HABITAT FOR HUMANITY OF EAST JEFFERSON COUNTY Parcel No. 901-023-007 (Port Hadlock) Project File No. SUB2025-00012 STIPULATED SUMMARY OF REVIEW CRITERIA At the prehearing conference on October 21, 2025, the Hearing Examiner expressed a desire for a streamlined summary of applicable review criteria for this unit lot subdivision under Jefferson County Code. The Department of Community Development and Habitat for Humanity of East Jefferson County respectfully submits this summary for consideration. Review Criteria 1.Jefferson County Code Chapter 18.35, Land Divisions.1 a.Unit Lot Subdivisions are governed by JCC 18.35.800-860. b.As this is a Unit Lot Subdivision of five or more lots, it is processed under Type III permit review procedures and follows the same review as a long subdivision under JCC 18.35 Article IV. JCC 18.35.800(4). c.JCC 18.35.810 incorporates various standards as applicable in other Chapters of Title 18. The substantive Chapters applicable here include:1.Chapter 18.15 JCC -Land Use Districts;11.Chapter 18.18 JCC -Irondale and Port Hadlock UGA Development Regulation Implementation; 1 Prior to the submittal of this application, the applicant underwent site development review pursuant to JCC 18.40.430, which was completed and approved under SDR2025-00098 on May 9, 2025. STIPULATED SUMMARY OF REVIEW CRITERIA-PAGE] OF 6 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 (206) 676-7500 -FACSIMILE (206) 676-7575 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 206) 676-7500 - FACSIMILE (206) 676-7575 STIPULATED SUMMARY OF REVIEW CRITERIA - PAGE 2 OF 6 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 iii. Chapter 18.20 JCC – Performance and Use-Specific Standards; iv. Chapter 18.22 JCC – Critical Areas; v. Chapter 18.30 JCC – Development Standards; and, vi. Chapter 18.40 JCC – Permit Application and Review Procedures/SEPA Implementation. vii. Chapter 18.45 – Comprehensive Plan and GMA implementing regulations amendment process.2 d. As this project consists of single-family attached/townhouse style units, JCC 18.35.820 applies. e. Preliminary Plat Approval Criteria, JCC 18.35.310. Several criteria for preliminary plat approval are outlined in subsection (1): i. The proposed subdivision conforms to all applicable county, state and federal zoning, land use, environmental and health regulations and plans, including, but not limited to, the following: 1. The Jefferson County Comprehensive Plan; and 2. The provisions of this code, including any incorporated standards; ii. Utilities and other public services necessary to serve the needs of the proposed subdivision shall be made available, including open spaces, drainage ways, roads, streets, other public ways, potable water, transit facilities, sewage disposal, parks, playgrounds, schools, sidewalks and 2 The intent of demonstrating compliance with this Chapter of Jefferson County Code within the meaning of JCC 18.35.810 is limited to determining that the project, as a whole, is consistent with the Jefferson County Comprehensive Plan and Goals therein. There is no requirement in Code for an applicant to submit a narrative outlining the project’s compliance with the Comprehensive Plan and Goals. It is generally accepted that meeting the Comprehensive Plan’s implementing development regulations demonstrates compliance with the Plan and Goals, absent a request for a variance or other deviation that requires further scrutiny. RECEIVED 10/30/25 EXHIBIT 63 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 206) 676-7500 - FACSIMILE (206) 676-7575 STIPULATED SUMMARY OF REVIEW CRITERIA - PAGE 3 OF 6 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 other improvements that assure safe walking conditions for students who walk to and from school; iii. The probable significant adverse environmental impacts of the proposed subdivision, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act (SEPA) implementing provisions contained within Chapter 18.40 JCC and Chapter 43.21C RCW;3 iv. Approving the proposed subdivision will serve the public use and interest and adequate provision has been made for the public health, safety, and general welfare. 2. Site Development Plan (SDP) approval is required. The SDP must comply with the applicable regulations of Chapter 18.18 JCC. JCC 18.35.800(5). Rather than being a separate application, the SDP is processed “as part of the land division application.” a. The provisions of JCC 18.18.120 and Chapter 18.19 do not apply because the Applicant has demonstrated there is access to public sewer and water.4 i. Ordinances 09-1209-24 and 06-0818-25 are applicable. Jefferson County’s online GIS map has recently updated the zoning designation to Urban Moderate Density Residential (UMDR), indicating that the parcel is no longer subject to the transitional zoning.5 3 A Mitigated Determination of Non-Significance was issued, is in the record, and was not appealed. 4 A Certificate of Sewer Availability was issued and submitted as “Exhibit 08 Sewer Availability PHUGA.” 5 See GIS Map accessed by DCD on October 29, 2025 attached as Attachment A for reference. RECEIVED 10/30/25 EXHIBIT 63 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 206) 676-7500 - FACSIMILE (206) 676-7575 STIPULATED SUMMARY OF REVIEW CRITERIA - PAGE 4 OF 6 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 ii.The Mason Street Neighborhood Unit Lot Subdivision application Application”) was submitted prior to the availability of the Port Hadlock urban growth area sewer system (“PHUGA sewer system”), in accordance with JCC 18.19.150. iii.The applicant submitted a signed acknowledgment and agreed to the conditions set forth under JCC 18.19.150. iv.The Application is being processed as a Type III application pursuant to JCC 18.35.800(4) and JCC 18.40, which requires a public hearing before the Hearing Examiner. v.As of September 8, 2025, residents and businesses within the Irondale and Port Hadlock UGA have begun connecting to the PHUGA sewer system. vi.Based on sewer now being available, zoning for parcel number 901023007 is UMDR. vii.In accordance with JCC 18.19.150(3), the Application is considered vested as of September 8, 2025, pursuant to JCC 18.40.320. b.Per the adopted Land Use Zoning Map for the Irondale & Port Hadlock UGA, Exhibit 1-22 of the Jefferson County Comprehensive Plan adopted in 2018, the site is now zoned Urban Moderate Density Residential, and per Table 3A-2 Density and Dimensional Standards, the site has an allowed density of 7 – 12 units/acre. JCC 18.18.050. c.JCC 18.18.130 incorporates the same Chapters as JCC 18.35.810, as applicable. d.Definitions for purposes of Title 18 are found under Chapter 18.10, and pertinent to this application, Code defines “multifamily dwelling” under “D” for “Dwelling unit, multiple-family” as: “one or more structures containing RECEIVED 10/30/25 EXHIBIT 63 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 206) 676-7500 - FACSIMILE (206) 676-7575 STIPULATED SUMMARY OF REVIEW CRITERIA - PAGE 5 OF 6 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 three or more dwelling units.” JCC 18.10.040. Since this application includes four-unit townhouse structures, provisions applicable to multi-family dwellings apply to this project. e.JCC 18.18.060 Development requirements and performance standards, applies. f.JCC 18.18.070 Landscaping, applies. g.JCC 18.18.080 Parking and pedestrian circulation, applies. h.JCC 18.18.090 Lighting, applies. 3.Chapter 18.40 JCC sets forth application and review procedures applicable to all applications. Pertinent sections with specific criteria applicable here include: a.JCC 18.40.100(1), which sets forth general information that the preliminary plat and SDP must include. b.As this project qualifies as multifamily, JCC 18.40.100(2) also applies. c.The Hearing Examiner has also requested additional information under JCC 18.40.100(3)(a) and (b) and the Applicant has agreed to provide it. DATED this _____day of ________________, 2025. JEFFERSON COUNTY PROSECUTING ATTORNEY’S OFFICE By: Ariel Speser, WSBA 44125 Civil Deputy Prosecuting Attorney GORDON THOMAS HONEYWELL LLP By: Dean Williams, WSBA #52901 Attorneys for Applicant Habitat for Humanity of East Jefferson County 2025-10-29 Stip Summary of Review Criteria Final 30th October RECEIVED 10/30/25 EXHIBIT 63 LAW OFFICES GORDON THOMAS HONEYWELL LLP 600 University St., Suite 2430 Seattle, WA 98101 206) 676-7500 - FACSIMILE (206) 676-7575 STIPULATED SUMMARY OF REVIEW CRITERIA - PAGE 6 OF 6 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 DECLARATION OF SERVICE I, Benita K. Lamp, am a resident of the State of Tennessee, over the age of 18 and hereby state that on this date, I caused to be served a true and correct copy of the foregoing upon all counsel and parties of record at their addresses and in the manner listed below. Carolyn Gallaway, Clerk Adiel F. McKnight, Deputy Clerk Jefferson County Board of County Commissioners Via E–Mail: carolyn@co.jefferson.wa.us AFMcKnight@co.jefferson.wa.us Mo-chi Lindblad, Primary Planner Greg Ballard, Code Administrator Jefferson County Department of Community Development Via E–Mail: MLindblad@co.jefferson.wa.us GBallard@co.jefferson.wa.us Ariel Speser Civil Deputy Prosecuting Attorney Jefferson County Via E–Mail: aspeser@co.jefferson.wa.us I declare under the penalty of perjury under the laws of the State of Tennessee that the foregoing is true and correct. DATED this _____ day of ________________, 2025, in Nolensville, Tennessee. BENITA K. LAMP Stipulated Summary of Review Criteria 30th October RECEIVED 10/30/25 EXHIBIT 63 These data are provided on an "AS-IS" basis, without warranty of any type, expressed or implied, including but not limited to any warranty as to their performance, merchantability, or fitness for any particular purpose. This map is not a substitute for accurate field surveys or for locating actual property lines and any adjacent features. Date: 10/29/2025 CF-80 - Commercial Forest CF-80/MRLO EPF-A - Essential Public Facility- Airport EPF-WM - WM Essential Public Facility-Waste Management GC - General Crossroad HI - Heavy Industrial IF-20 - Inholding Forest LI - Light Industrial LI/C - Light Industrial/Commercial LI/M - Light Industrial/ Manufacturing M-C - Mixed Commercial - Light Manufacturing (City) M-II(A) - Marine Related Uses - Boat Haven (City) M-II(B) - Marine Related Uses - Point Hudson (City) MPR-MF-10 - Master Planned Resort-Multi-Family MPR-OSR - Master Planned Resort-Open Space Reserve MPR-PH - Master Planned Resort- Pleasant Harbor MPR-RA - Master Planned Resort- Recreation Area MPR-RC/CF - Master Planned Resort Complex/Community Facilities MPR-SF-4 - Master Planned Resort-Single Family MPR-SFT - Master Planned Resort-Single Family Tracts 1:2.5) MPR-VC - Village Commercial Center NC - Neighborhood /Visitor Crossroad P-I - Public Infrastructure (City) P/OS - Park or Open Space (City) P/OS(B) - Public / Mixed Use City) PPR - Parks, Preserves and Recreation R-I(SF) - Single Family Residential City) R-II(SF) - Single Family Residential (City) R-III(MF) - Multifamily Residential City) R-IV(MF) - Multifamily Residential City) RF-40 - Rural Forest RI - Forest Resource-Based Industrial RR-10 - Rural Residential RR-20 - Rural Residential RR-5 - Rural Residential RVC - Rural Village Center UGA-C - UGA Commercial UGA-HDR - UGA High Density Residential 13-18 UGA-LDR - UGA Low Density Residential 4-6 UGA-LI - UGA Light Industrial UGA-MDR - UGA Medium Density Residential 7-12 UGA-P - UGA Public UGA-VC - UGA Visitor Oriented Commercial± 0 420210 ft Jefferson County, WA Scale: 1:4,514 Attachment A, GIS Map accessed by DCD on 10/29/2025 RECEIVED 10/30/25 EXHIBIT 63