HomeMy WebLinkAboutFINAL DECISION 12 31 2025 Mason StreetBefore 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 )
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HABITAT FOR HUMANITY OF ) DECISION
EAST JEFFERSON COUNTY )
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Parcel No. 901-023-007 (Port Hadlock) )
“Mason Street Neighborhood” )
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SUBJECT: Application for Type III Long Subdivision Approval With Site
Development Plan Approval (Unit Lot Subdivision)
APPLICANT: Habitat for Humanity of East Jefferson County
c/o Bob Collins or Julie Miles
PO Box 658, Port Townsend, WA 98368
LOCATION: 231 Mason Street, Port Hadlock, WA (Parcel No. 9010230007)
DESIGNATION/ Comprehensive Plan:
ZONING Irondale/Port Hadlock Urban Growth Area
Moderate Density Residential (UMDR)
Zoning:
Urban Moderate Density Residential (UMDR)
(7-12 dwelling units/acre); public sanitary sewer available
PROJECT: Construct and occupy 136 attached single-family homes on 17.12
acres of vacant land, consisting of 24 duplexes and 22 fourplexes;
plus two detached adult family homes (6 bedrooms each); 472
total estimated new residents; constructed and occupied in six
sub-phases
SEPA: Mitigated Determination of Nonsignificance (June 17, 2025)
STAFF RECOMMENDATION: Approve with conditions.
PUBLIC HEARING HELD: July 15, 2025, continued to Nov. 12, 2025
HEARING EXAMINER’S DECISION: Approve with conditions.
DECISION
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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I. INTRODUCTION
Habitat for Humanity of East Jefferson County, a local non-profit housing provider, has
applied for preliminary plat approval for a development on 17.12 acres within the Irondale/Port
Hadlock portion of the rural county, within an urban growth area designation. The project
involves construction of 136 single-family attached (townhouse/multi-family) units, consisting
of 24 duplexes and 22 fourplexes. Two additional detached units are proposed as adult family
homes with 6 bedrooms each, for the care of residents who need additional services. The
applicant proposes a total of 138 unit lots. The project will take access to existing County roads
at Mason Street and Cedar Avenue and utilize public water and sanitary sewer. The project is
within walking distance to retail, there is a transit stop on Cedar Street, and it is adjacent to the
public library and an elementary school.
This application represents the combined efforts of County elected officials, County
departments, and the housing non-profit sector over more than a decade to make a substantial
impact on the shortage of lower income housing in the County. The project is proposed to have
that intended impact, housing a total of 472 future residents. While not regulated by County
code or this Decision, the applicant contends they will impose deed restrictions that keep the
cost of unit lots and housing to a price-level over time that is lower than market-driven price.
Those restrictions may surface during final plat review of the required Conditions, Covenants
and Restrictions (CC&Rs). The applicant named this project the “Mason Street Neighborhood”
and it is referred to legally in documents proposed for recording as the “Mason Street
Development.”
The Mason Street Neighborhood is approved in this Decision, with conditions, and will
become one of the first large-scale projects within the Port Hadlock Urban Growth Area (UGA)
to connect to the County’s new wastewater treatment plant. Despite the considerable
DECISION
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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community support for the project (no one spoke in opposition to the project during public
hearings), it has taken longer than anyone expected to reach this decision, in part because,
according to DCD Administrator Greg Ballard, it is the first unit lot subdivision to be filed and
presented for Hearing Examiner subdivision review.
Because this is a case of first impression in Jefferson County, this Decision goes into
some detail to outline the statutory framework for review of a unit lot subdivision, including
resolving issues raised by the applicant during the hearing process. One of the tensions
presented in this case involved the degree to which a hearing examiner review of a unit lot
subdivision should engage in detailed review of the record presented by the applicant,
particularly in the areas of public health and safety.
Only three months transpired between the date the application was declared complete
on April 2025 and the public hearing on July 15, 2025. When the public hearing opened, it
became clear to the Hearing Examiner that the record was not complete for purposes of hearing
examiner findings and conclusions supporting subdivision approval. As a result of a series of
status conferences and orders, the applicant cured those deficiencies during an extended
hearing process.
The applicant retained legal counsel who assisted with updating the record, providing
briefing on legal issues, and continued applicant negotiations with WSDOT concerning state
highway impacts. Following counsel’s request for a continuance and a status conference to
discuss the status of the record, the applicant notified the County that it was ready to return to
hearing.
The final continued hearing was held on November 12, 2025. Based on the evidence
and testimony of a complete record, the Examiner is now able to specify conditions that allow
preliminary plat and site development plan approval of the Mason Street Neighborhood
DECISION
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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proposal. Upon satisfaction of those conditions of development, the County can issue final plat
approval, at which point the plat can be recorded and housing can be sold to future residents.
Among other important conditions of preliminary plat approval, two of the conditions
will ensure that the housing development has adequate fire protection and minimizes impacts to
a key state highway intersection. Other conditions address the special configuration the
applicant proposes for sale and operation of the unit lot subdivision community, using the
“common interest community” regulations allowed by state law.
At hearing, the Examiner inquired of the applicant and DCD: “What laws make a unit
lot subdivision unique in this case, distinct from typical subdivision review?” Based on a
review of Exh. 04, the Examiner notes that in this specific case, the applicant intends to utilize
the Unit Lot Subdivision code (ULS), at Jefferson County Code (JCC) ch. 18.35.800, et seq., for
a plat that will operate as a “common interest community” under RCW ch. 64.90. That is made
clear on the face sheet of the applicant’s proposed draft Declaration of Covenants, Conditions,
Restrictions, Easements and Reservations (CCRs) submitted at Exh. 04. There, the applicant
discloses that this project is proposed as a “plat community” under the complex Washington
Uniform Common Interest Ownership Act, RCW ch. 64.90.
The applicant proposes a complex “common interest community” in which lots and
housing unit boundaries are created by subdivision under RCW ch. 58.17, but whose sale of
homes and, separately, unit lots will be regulated under RCW ch. 64.90 after final plat approval.
The operation of the plat after final plat approval is part of the subject matter for subdivision
approval, because County Code requires submittal of CCRs to be recorded with the plat. Under
the applicant’s proposed operation of the ULS, “ground lease” arrangements and a “permanent
affordability” program will be instituted. Not only will unit lots be saleable, but homes on these
lots may be sold separately from the land as well. County staff can expect a complex legal
DECISION
FILE NO. SUB2025-00012 -- 5
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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review prior to final plat review involving novel ownership, recording and taxation issues.
Final plat review will require complex legal review to ensure the resulting CCRs dovetail with
subdivision law (see, e.g. Exh. 04, Sections 13.2, 13.3).
The hope is that this sophisticated and little-used subdivision operations program can
provide the promised 134 homes at prices below market value, and keep them at that lower-cost
level. Based on a reading of the draft CCRs, a key challenge in this County approval will be to
ensure that the complex restrictions applicable to this proposed common interest community
subdivision under state law are well understood by buyers, buyer agents, title companies,
mortgage companies, and County staff, to avoid the potential for conflict and litigation. Some
of the plat conditions address that concern in the public interest.
II. APPLICABLE LAW
A. Jurisdiction.
Applications for long subdivisions are processed by Jefferson County according to the
procedures for Type III decisions established in JCC, Chapter 18.40. JCC § 18.35.320(1).
These Type III decisions are made by the Hearing Examiner who “shall review and make
findings, conclusions and a decision on all Type III permit applications . . . “ JCC §
18.40.280. The Hearing Examiner shall conduct a public hearing on all Type III development
proposals. JCC § 18.40.280(4). The Hearing Examiner’s decision on a preliminary plat is the
final decision of the County. JCC §§ 2.30.080(2)(a)(i); 18.35.320(1); 18.40.300.
Following a public hearing, the Hearing Examiner has jurisdiction to decide whether to
approve the above-captioned application, deny it, or grant approval with conditions on behalf of
Jefferson County. Id. This written decision is the final decision of the County on the
preliminary plat application and Site Development Plan review, with no administrative appeal.
JCC § 18.40.330.
DECISION
FILE NO. SUB2025-00012 -- 6
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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B. Decision Criteria for Unit Lot Subdivision, Preliminary Long Subdivision, and
Site Development Plan Approval.
The Applicant proposes preliminary approval of a Unit Lot Subdivision (ULS), under
JCC § 18.35.800, et seq. This appears to be the first ULS application in Jefferson County
processed to a decision since adoption of the ULS code provisions, and the first large multi-
family development within the Irondale-Port Hadlock Urban Growth Area since the County’s
new sanitary sewer plant went online.
The ULS application is processed as a Type III Long Subdivision. JCC § 18.35.800(4).
The code allows use of the ULS subdivision review procedure for single-family attached and
townhouse unit lot development. JCC § 18.35.800(3). The County’s ULS code makes clear that
a ULS subdivision must still conform to the standards of Chapter 18.18 JCC and the County’s
development policies and regulations, including but not limited to land division regulations in
Chapter 18.35 JCC. JCC § 18.35.810.
Because it is processed as a preliminary long subdivision, a ULS subdivision shall only
be approved when consistent with all applicable provisions of RCW ch. 58.17 and Article IV,
JCC (Long Subdivisions), commencing at JCC § 18.35.270. Among other listed criteria,
Section 18.35.310 JCC requires consistency with the review procedures in JCC Chapter 18.40.
Section 18.35.310 JCC contains the general approval criteria for long subdivisions. It
authorizes approval of a preliminary plat if “the subdivision will serve the public use and
interest and adequate provision has been made for the public health, safety, and general
welfare.” This is a primary criterion in this Decision. Specifically, this section requires the
applicant to demonstrate that the subdivision has the following:
(b) 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 other improvements that assure safe walking
conditions for students who walk to and from school. . .
DECISION
FILE NO. SUB2025-00012 -- 7
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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JCC § 18.35.110(b). This decision addresses each of these elements individually, below.
The Examiner incorporates by reference the additional code and statutory criteria that
relate to this application listed in the staff report, Exh. 1, as amended, and Exh. 65-01, the
Stipulated Summary of Review Criteria (Stipulation), with the caveats that: (1) the citations
therein are not an exhaustive list of applicable criteria; (2) not all criteria in the code or other
laws are addressed; and (3) facts and legal conclusions in the staff report or Stipulation that are
in direct conflict with portions of this Decision are excluded.
C. Burden of Proof.
At every stage of the permit application process, the burden of demonstrating that the
development is consistent with applicable regulations is on the applicant. JCC § 18.40.100(l);
see also, Hearing Examiner Rule 5.14(j)(ii).
D. Public Health, Safety and General Welfare.
Similar to Section 18.35.310 JCC, 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 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). (As described above, County code includes a similar
provision at JCC § 18.35.310). More recent unit lot subdivision provisions in state law make
DECISION
FILE NO. SUB2025-00012 -- 8
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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clear that they are not intended to alter County authority to regulate a subdivision based on
public health and safety considerations:
(d) Nothing in this section:
(i) Prohibits a city or county from applying public health, safety, building code, and
environmental permitting requirements to a development project that is subject to
or integrated with a unit lot subdivision process;
RCW 58.17.060(3)(d).
E. Fire Safety.
Under the public safety criteria of state law and Section 18.35.310 JCC for subdivisions,
the details of fire safety plans in a dense housing development and the adequacy of review by
local fire officials are appropriately part of preliminary plat review and decision. See, e.g.,
Lanzce G. Douglass, Inc. v. City of Spokane Valley, 154 Wn. App. 408, 225 P. 3d 448, 453-455
(2010). In order for the Hearing Examiner to determine whether the public safety standard has
been met, JCC §18.35.310, the Jefferson County Code requires that a subdivision application
submittal include the location and size of existing fire hydrants lying within or adjacent to the
proposed subdivision that will be connected to the subdivision; and the proposed location and
description of all proposed fire hydrants. JCC § 18.35.300(3)(g), (4)(i).
Until that baseline information was provided on the record in a clear and readily
discernable manner, preliminary plat approval could not be issued. There was apparently some
confusion at the outset of this matter; through various orders, the Examiner clarified that
preliminary plat approval does not involve review and approval of engineered construction
plans. It does involve review of the Applicant’s proposed improvements to determine whether
they are capable of meeting the County subdivision standards at final plat approval. JCC §
18.35.570 (Requirements for Improvements).
DECISION
FILE NO. SUB2025-00012 -- 9
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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F. Off-Site Traffic Impacts.
Similarly, the Record needed to address whether the direct impacts of a proposed
development had been studied and whether any mitigation had been proposed to address the
applicant’s acknowledged increase in adverse impacts to a potentially dangerous state-highway
intersection. The issue relevant to the Hearing Examiner’s preliminary plat review is whether
appropriate provisions are made for streets or roads and whether the public use and interest will
be served by the subdivision. RCW 58.17.110(2); accord, JCC § 18.35.310(1)(b), (1)(d)
(subdivision review for roads, streets, and adequate provision for public health, safety and
general welfare); see also, JCC § 18.35.590 (subdivision review of off-site road safety
mitigation).1 Following that review, the Examiner then determines whether road mitigation is
needed and the extent to which the County has authority to impose that proposed mitigation
concerning state highways, as a condition of final plat approval.
III. RECORD AND EXHIBITS
The Clerk for the Jefferson County Hearing Examiner’s Office maintains the Record for
this decision. Parties interested in reviewing the Record may contact the Clerk. The Record
relied upon in this Decision consists of the exhibits entered into evidence by the Examiner, the
video recording of the open record public hearing, briefing and motions submitted by the
parties, and the Hearing Examiner’s orders.
The principle parties were represented by legal counsel at hearing and during the open
record hearing process. The County Department of Community Development (DCD) was
represented by Civil Deputy Prosecuting Attorney Ariel Speser. The Applicant was represented
1 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, County code provides authority to require off-site road
improvements 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].
DECISION
FILE NO. SUB2025-00012 -- 10
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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by a partner at Gordon Thomas Honeywell, Dean Williams, who filed an appearance on
September 17, 2025 and was granted a continuance. Exhs. 57, 59; Order (Sept. 19, 2025).
A. Exhibits. The exhibits in the Record include a staff report issued by DCD,
as amended, and documents presented by DCD, the Applicant and fire officials. All Record
exhibits are listed and described in the attached Appendix A: Hearing Examiner’s List of
Record Exhibits.2
B. Hearing Testimony. The following persons testified under oath at the duly
noticed public hearing for the above-captioned application, held on July 15, 2025 and continued
on November 12, 2025, either in person or via the hearing video conference coordinated by the
Clerk:
For DCD:
1. Greg Ballard, Administrator, DCD
2. Mo-Chi Lindblad, Principal Planner, DCD
For the Applicant:
3. Bob Collins, Director of Housing and Community Strategy, Habitat for
Humanity of East Jefferson County
4. Jamie Maciejewski, Executive Director, Habitat for Humanity of East
Jefferson County
5. Todd Hutton, President, Board of Trustees, Habitat for Humanity of East
Jefferson County
6. Stanley Matthew Craig, Civil Engineer of Record, Parametrix
7. William Zachary Garrett, Engineer in Training, Parametrix
8. Alex Atchison, Traffic Engineer, Parametrix
9. Darren Sandeno, Project Manager, Parametrix
For East Jefferson Fire & Rescue:
9. Robert Wittenberg, Community Risk Manager
Public Testimony:
10. Claudia Coppola, Executive Director, Olympic Neighbors
11. Al Latham, Board Chair, Olympic Neighbors
2 Appendix A is a part of this Decision and supersedes all other exhibit lists. Citations to exhibits in this Decision
correspond to exhibits listed in the Appendix.
DECISION
FILE NO. SUB2025-00012 -- 11
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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C. Site Visit. The Hearing Examiner personally visited the site of the long
subdivision application both before and after the public hearings on multiple occasions,
observing the proposed development area, proposed open space areas, and surrounding
properties in the area, including State and County roadways and intersections serving the site.
D. Briefing. Prior to adjourning the public hearing on July 15, 2025, the
Hearing Examiner invited the parties to provide optional briefing and supplemental exhibits
prior to the next continued hearing date. In the intervening period between the hearing and its
continuation on November 12, 2025, the Examiner held status conferences and issued several
orders providing additional opportunities for briefing and submittal of exhibits. The parties
filed various briefs, memoranda, and a stipulation, as listed in Appendix A. At the conclusion of
the November 12, 2025 hearing, none of the parties requested additional post-hearing briefing
opportunities; the Examiner then closed the Record to further submittals and ended the open
record hearing. Briefings and other exhibit submittals by the parties prior to the close of the
Record are listed as exhibits in Appendix A, hereto, and were reviewed by the Examiner as the
basis for this decision.
IV. BACKGROUND
A. Overview of Unit Lot Subdivision Application.
Habitat for Humanity proposes a Unit Lot Subdivision consisting of 138 residential lots
on a single large 17.44-acre parcel (a density of approximately 8 units per acre). The developed
unit lots total 5.73 acres. Tracts B, D, E and F are open areas internal to the housing
development and equal a combined 4.78 acres. Tract C is 4.56 acres in a large undeveloped
tract south of the housing development. The application does not describe any future
development plans for housing on Tract C. At hearing the Applicant testified alternatively that
it may sell some units (July hearing) or it may retain ownership of all units (November hearing),
DECISION
FILE NO. SUB2025-00012 -- 12
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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and nothing in state law or County code prohibits either approach following final plat recording
of the new unit lots.
DCD and the Applicant provided informative briefing on the statutory basis for Unit Lot
Subdivisions, local code requirements, and comparison with standard long subdivision
processes. As a case of first impression, the Hearing Examiner thoroughly researched both state
law and County code requirements to ensure the approach proposed here conforms to applicable
law. The Applicant’s proposed Unit Lot Subdivision was processed in accordance with the
following parameters for ULS approvals.
The state subdivision statute authorizes local government to approve unit lot
subdivisions either as a short plat or a subdivision. RCW 58.17.020(19). State law ULS
procedures at RCW 58.17.060 are specific to short plats rather than preliminary plats. But, as
authorized by RCW 58.17.020(19), Jefferson County has adopted procedures and standards for
review of ULS applications at JCC ch. 18.35.800 et seq, Article IX.
As noted in the staff report, a unit lot subdivision involving five or more units shall be
processed as a Type III long subdivision, under JCC ch. 18.35, Article IV, with review and
approval of a Site Development Plan. JCC § 18.35.800(4), (5). A ULS subdivision
development differs from conventional long subdivisions in the following ways.
The County’s ULS standards and procedures authorize residential lots of varying size
and without regard to setbacks:
Development on individual unit lots within the unit lot subdivision need not conform to
the minimum lot area or dimensional standards of chapter 18.18, provided that overall
development of the parent site meets the development and design standards of the
underlying zoning and the requirements of this section.
JCC § 18.35.820(1). This code section further provides that “There shall be no [building]
setback required from unit lot lines which are interior to the perimeter of the parent site”
provided the structure complies with the setbacks “applicable to the approved site development
DECISION
FILE NO. SUB2025-00012 -- 13
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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plan.” Id. The unit lot for attached dwellings must be large enough to contain the dwelling
unit, accessory structures and any improvements accessory to the dwelling (e.g., decks, fences,
garages, driveways, private yards, parking, or landscaping). Id.
Thus, the net effect of the ULS code on subdivision development, as noted in the staff
report, is that the internal lot lines for lots containing duplexes and fourplexes can be configured
as zero lot lines, allowing shared walls to be constructed along the common boundaries between
units, without going through the statutory condominium process. Exh. 1 at 9. Each unit within
the duplexes and fourplexes constitutes a sellable lot. Id. at 8.
The ULS final plat approval must include the recording of access easements, joint use
and maintenance agreements, and covenants, conditions and restrictions (CC&Rs), identifying
rights and responsibilities of individual property owners and/or a homeowners’ association for
use and maintenance of common areas, utilities, stormwater treatment and/or detention
facilities, common open space, exterior building facades and roofs, and other similar features.
JCC
§ 18.35.820(3). This Decision does not analyze, nor is it required to approve draft CC&Rs.3
Thus, the ULS method potentially results in smaller residential lots and attached single-
family housing that, in theory, cost less than lots and detached housing in a conventional
subdivision. DCD provided materials describing the relationship between more affordable
housing and the ULS method of subdivision at Exhs. 56-2 through 56-7. Understanding the
importance of this innovation, review of the ULS subdivision otherwise operates in the exact
3 However, the Applicant and County staff are aware from the Hearing Examiner’s questions at hearing that
unanticipated conflicts after plat approval can arise if there are multiple ownerships of lots within a plat and
recorded CCRs are not structured to deal with plat alterations or changes to the CCRs. Individual unit lot owners
and/or members of a homeowner association could have an “ownership interest” giving them certain rights during
review of any future alteration of a ULS subdivision or amendment to covenants in the CCRs. See, RCW 58.17.215.
DECISION
FILE NO. SUB2025-00012 -- 14
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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same manner as a long subdivision under state law and local code, with the exception that
Jefferson County also requires Site Development Plan review.
B. Site Development Plan Review and Approval (Irondale/Pt. Hadlock UGA).
The County’s ULS subdivision regulations require Site Development Plan review and
approval as part of the long subdivision review. JCC § 18.35.800(5). The code requires that the
Site Development Plan demonstrate compliance with all applicable requirements under Title 18,
including JCC ch. 18.18. Id.
A Site Development Plan must be reviewed and approved as part of any ULS,
demonstrating compliance with the applicable regulations of Chapter 18.18 JCC and Title 18.
JCC § 18.35.800(5). The Applicant’s proposed Site Development Plan4 is included in the
Record at Exhs. 66-05 and 66-06. DCD’s lead planner for the project, Mo-Chi Lindblad,
testified at hearing to clarify the intent of the Site Development Plan review and approval that is
part of a ULS review within the Irondale/Port Hadlock UGA. She testified that the site plan
review is a means of assuring that new ULS development will meet urban standards within this
UGA, as it experiences new growth as a result of the new wastewater treatment plant .
As discussed in some detail in the Examiner’s Second Case Management Order (Sept.
29, 2025) at 3-4, the Site Development Plan must include the following:
(i) Site Plan Requirements for Permits. The following shall be depicted either in required
narrative above and/or on the site plan detailing the following (as applicable unless
waived by the administrator):
(i) Compass direction and graphic scale;
(ii) Parcel boundaries and dimensions;
(iii) Location of existing and proposed roads and access points;
4 In Jefferson County, it is important to distinguish between the review of a “Site Development Plan” (SDP), as
required here for ULS subdivisions, and the “Site Development Review (SDR)” required to certify legal lots of
record. The code requires that the SDR be obtained initially, as part of a complete land use submittal. JCC §
18.40.100. This project received its SDR early in the process, as do most larger projects, in order to establish lot
status.
DECISION
FILE NO. SUB2025-00012 -- 15
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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(iv) Driveways and parking areas;
(v) Easement and rights-of-way located on the property within the proposed
developed/use area;
(vi) The location of septic, wells, and water lines within the developed areas;
(vii) The general description of the topography of the entire site (including slope
direction and five-foot contours);
(viii) The location of existing and proposed structures including setbacks;
(ix) All proposed or existing uses;
(x) The location of existing and proposed landscaping if required for
development/use;
(xi) The areas to be graded and cleared (including source and volumes if over
500 cubic yards);
(xii) The location of significant geographic features (including slopes exceeding
40 percent slope) on the site and immediately adjoining properties;
(xiii) Location and type of water bodies, drainage ways, or wetlands;
(xiv) Location and type of shorelines and critical areas;
(xv) Shoreline and critical area buffers where trees/vegetation shall be retained,
and if applicable, associated special reports; and
(xvi) Preliminary drainage plan including measures to address stormwater
management for development and land disturbing activity;
JCC §18.40.100(1)(i). The additional submittal requirements of subsections (2) and (3) also
apply because this is a multi-family development. JCC § 18.40.100(4)(m). In the Second Case
Management Order at 3, the Examiner reiterated the requirement for a Site Development Plan
prepared by a licensed civil engineer, architect or landscape architect, under JCC §
18.40.100(2). The Examiner also required submittal of the following information under
subsection (3): (a) a phasing plan, acreage of phases, and time schedule; and (b) enumeration of
the number of persons that will reside in the dwellings.5
The ULS Site Development Plan review under JCC § 18.35.800(5) is not fundamentally
different than the site plan review that takes place for all applications under Section 18.40.100
5 Separate from the ULS and site plan requirements, the code provides separately that housing, commercial, or
industrial development within the Irondale/Port Hadlock UGA must obtain “site plan approval,” if the approval
takes place “prior to the provision of public sewer or public water to a site.” JCC § 18.18.120. That code section
does not apply here, because the site already has public sanitary sewer and public water available to the property line
in the public right-of-way. See Stipulation between DCD and the applicant. Exh. 65-01.
DECISION
FILE NO. SUB2025-00012 -- 16
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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JCC, except that it becomes a formal basis for reviewing ULS unit lot sizes and configurations
at final plat. JCC § 18.35.820(1) (individual unit lots for attached dwellings and their accessory
improvements must be “conforming to the approved site plan”). The code makes this Site
Development Plan review integral to long subdivision review, which includes preliminary plat
review. JCC § 18.35.800(5). The Examiner finds the required elements of site plan review
under Section 18.40.100(1)(i) (quoted in the long list above) suits the purposes of ULS Site
Development Plan review at JCC § 18.35.820(1).
V. FINDINGS OF FACT
Based upon the Record and upon consideration of all evidence, testimony, and
applicable policies and regulations, the Examiner makes the following findings. To the extent
any Conclusion of Law should be more properly considered a Finding of Fact, it is hereby
adopted as a Finding of Fact.
1. All statements of fact included in the previous or following sections of this
Decision are hereby incorporated by reference into this section as findings of fact.
The Application.
2. Habitat for Humanity of East Jefferson County filed an application for a Unit Lot
Subdivision approval with DCD and it was deemed complete on April 9, 2025. The application
is for a Type III Hearing Examiner approval of a preliminary plat long subdivision and an
accompanying site development plan.
3. Habitat for Humanity of East Jefferson County is a local non-profit organization
providing affordable housing and lower-income housing at several sites within East Jefferson
County. In this application, it seeks to construct and operate and/or sell 136 attached single-
family homes and two congregate housing units. The development is on a single vacant parcel
DECISION
FILE NO. SUB2025-00012 -- 17
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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of 17.12 acres, at the Southwest corner of Mason Street and Cedar Avenue within the
Irondale/Port Hadlock Urban Growth Area (UGA or PHUGA).
4. The Jefferson County Comprehensive Plan (2018 as amended) contains the
County’s Official Zoning Map for the PHUGA, at 1-23, Exhibit 1-22. See JCC §. 18.19.150,
Note 1. As confirmed in the staff report, Exh. 1, the Comprehensive Plan designates the site as
“Urban Moderate Density Residential (UMDR)” and the site is zoned UGA-MDR or “UMDR,”
which permits seven to twelve dwelling units per acre (7-12 du/acre).6
5. The County has planned for the urban residential development of this site and
surrounding properties for over twenty years, since adoption of the 2009 Comprehensive Plan
cited in the staff report. The County Commissioners designated the site for moderate density
residential zoning in part due to its close proximity to commercial facilities on SR 16 and SR
116 and to community services.7 The Chimacum Creek Elementary School, the public library
and a transit stop on Cedar Avenue are all within easy walking distance of the site. The site
received moderate urban residential zoning also because it was within the County’s planned
sanitary sewer service area. Id. at 1-119-120, citing the Port Hadlock Urban Growth Area
Sewer Facility Plan (September 2008).
6. Under the UMDR urban zoning applicable to the site, the applicant proposes a
density of approximately 8 du/acre, well within the range for UMDR (7-12 du/acre). The
proposed development on 17.12 acres involves construction of 136 single-family attached
(townhouse/multi-family) units, consisting of 24 duplexes and 22 fourplexes. Two additional
6 In the Stipulation, DCD staff provide evidence of current UMDR urban zoning applicable to the site. Exh. 65-01,
Attachment A (zoning map dated October 29, 2025). DCD produced this new zoning map from online GIS
resources to show the location of the site and its new UMDR zoning, as described in the Stipulation. The map itself
does not establish a date at which the rural transition zoning expired. The Examiner finds this Exh. 65-01,
Attachment A at 7, is a composite illustrating the status of zoning but is not a copy of the actual County Official
Zoning Map applicable to the site.
7 2018 Comprehensive Plan at 1-117.
DECISION
FILE NO. SUB2025-00012 -- 18
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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detached units are proposed as adult family homes with 6 bedrooms each. The applicant
estimates the project will result in a total of 472 new residents. The project will take access to
existing County roads at Mason Street and Cedar Avenue. The development will be served by
public water from PUD No. 1 and sanitary sewer from the County. All stormwater, electrical
and other utilities will be installed underground. As explained below, the project will be
developed in phases.
Staff Report.
7. Each of the statements of fact contained in the DCD Staff Report to Jefferson
County Hearing Examiner, Proposed Findings, Conclusions and Recommendations, Exh. 1 as
amended (“staff report”), are hereby incorporated by reference as though fully set forth herein,
except to the extent a statement of fact in the staff report or conclusion of law therein is in
conflict with a statement in this Decision.
8. DCD’s staff report was provided to the Examiner prior to the public hearing on
July 15, 2025, as required by code. Exh. 1. Following continuation of the public hearing, DCD
amended the staff report twice prior to the close of the Record, to provide clarifications and
modify proposed conditions based on new exhibits entered into the Record.
9. The staff report is an integral part of the decision making process because of its
statement of the facts underlying the proposed development. This Decision relies upon and
incorporates facts describing: the land use application; documentation of public notice provided
during the process; analysis of consistency with the Jefferson County Comprehensive Plan;
applicable state and local regulations; and analysis of comments from affected County
departments, tribes, the public commenting on the proposal, special purpose districts, utilities
and agencies with jurisdiction. JCC § 18.40.280(2).
DECISION
FILE NO. SUB2025-00012 -- 19
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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10. The staff’s recommendation to the Hearing Examiner, including detailed
proposed conditions, was reviewed in detail and provides valuable suggestions for how final
plat should be reviewed for conformity with the preliminary plat and applicable standards for
infrastructure improvements required for the development.
11. The staff report also documents the County’s review and recommendations under
the RCW ch. 58.17 (subdivisions) and other relevant state laws.
State Environmental Policy Act (SEPA).
12. Pursuant to the State Environmental Policy Act, RCW ch. 43.21C ("SEPA"), and
as described in the staff report, Exh. 1, Jefferson County’s SEPA Responsible Official issued a
threshold Mitigated Determination of Nonsignificance (MDNS) for the proposed preliminary
plat, on June 17, 2025. Exhs. 12, 61-B. This determination was based upon the review of the
environmental checklist, technical information reports and other documents, resulting in the
conclusion that the requirements for environmental mitigation under SEPA have been
adequately addressed in the development regulations and comprehensive plan adopted under the
Growth Management Act, RCW ch. 36.70A, and in other applicable local, state, or federal laws
or rules, as provided in RCW 43.21C.240 and WAC 197-11-158, -.340.
13. The County’s SEPA Responsible Official issued a Mitigated Determination of
Nonsignificance (DNS) on June 17, 2025. Exh. 12. The issuance of the MDNS included a
14-day public comment period and a deadline to appeal the MDNS to the Hearing Examiner,
both of which ended on July 1, 2025. No SEPA appeals were filed. The Hearing Examiner’s
subdivision approval Decision herein does not include any ruling on the adequacy of the
MDNS.
14. The MDNS was issued based on the applicant’s environmental checklist and a
detailed DCD memorandum (June 16, 2025) analyzing SEPA impacts under applicable
DECISION
FILE NO. SUB2025-00012 -- 20
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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development regulations and upon review of all agency comments. Exh. 61B. The
memorandum added information to the applicant’s environmental checklist, acknowledging that
the applicant’s traffic study identified potential impacts to the intersection at State Route 19 and
State Route 116.
15. SR 116 is a heavily traveled outlet from the Irondale/Port Hadlock urban growth
area onto SR 19. In response to the County’s request for comments from agencies with
jurisdiction, WSDOT submitted a comment to DCD identifying traffic impacts on the
intersection as significant.8 In response, the MDNS included a single condition requiring
further consultation with WSDOT:
Public Notice.
16. Public notice of the application, the MDNS, the public hearing and the continued
public hearing were provided by DCD in accordance with County notice requirements for a
long subdivision, Type III approval, including mailing of notices and posting of the property.
Staff report, Exh. 1; and Exhs. 11, 13-17, 32, 55, 60, 67-02. A parties of record list was
provided to the Hearing Examiner. Exhs. 29, 30. One public comment was received. Exh. 25.
Comments From the Public, Agencies and Departments.
17. Comments from agencies with jurisdiction were received from the Department of
Ecology, the Department of Natural Resources, the Olympic Region Clean Air Agency, and the
Washington State Department of Archaeology and Historic Preservation, and Washington
Department of Transportation, in response to the notice of the MDNS. Exhs. 13, 18, 19, 20, 26,
8 Comments from WSDOT on the project throughout this proceeding are included in the record at Exhs. 19-1
through 19-5, 35, 63, and 66-01. The Record contains four traffic impact reports at Exhs. 09-1 through 09-4.
DECISION
FILE NO. SUB2025-00012 -- 21
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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and 28.
18. The Record includes comments and transmittals from County departments and
special purpose districts commenting on the project, as follows: the Department of Public
Works, Exhs. 21, 53; the County Engineer, Exh. 52; the Fire Marshal, Exhs. 22-1, 22-2, 44,
61A, 61C; the East Jefferson Fire and Rescue, Exhs. 22-3, 58; the Department of Environmental
Health, Exh. 23; and the Assessor’s Office, Exh. 24.
19. In a Memorandum dated November 3, 2025, DCD described additional
comments from County Public Works and then proposed an additional condition for preliminary
plat approval concerning dedication of a public utilities easement.9 The applicant did not raise
any objection to the proposed condition.
Applicant’s Final Documents for Hearing Examiner Decision.
20. At the hearing on November 12, 2025, legal counsel for the applicant represented
that the applicant’s final versions of the plat and Site Development Plan were submitted in the
Record as follows:
- Preliminary Plat (Oct. 8, 2025): Exh. 66-0410
- Site Development Plan: Exh. 66-05 (Part 1), Exh. 66-06 (Part 2)11
21. At the November 12, 2025 open record hearing, Exh. 66-04 was augmented by
the testimony and a map provided by Civil Engineer Matthew Craig, the licensed civil engineer
who signed the preliminary plat on behalf of the applicant. In his testimony, he showed where
existing and new proposed fire hydrants are located on the plat, at Exh. 66-04, and then
9 The memorandum from Public Works dated Sept. 12, 2025 appears in the record at Exh. 53. The proposed
condition requires the Applicant to grant a public utilities easement to PUD No. 1 and other unspecified grantees
who are also public utility providers. The County is not named as a grantee. PUD No. 1 did not offer testimony at
hearing.
10 Replacing prior-filed Exhibits 03 and 36.
11 Replacing prior-filed Exhibit 46.
DECISION
FILE NO. SUB2025-00012 -- 22
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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submitted Exh. 73 to graphically illustrate that testimony. Based on that testimony, the official
preliminary plat approved by the Hearing Examiner is comprised of Exh. 66-04 and Exh. 73,
together.
Long Subdivision Approval Criteria.
22. Consistent with the requirements for subdivisions in state law, RCW ch.
58.17.110(2), Jefferson County Code requires that the plat satisfy all of the following:
(b) 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 other improvements that assure safe walking
conditions for students who walk to and from school;
JCC § 18.18.310(1)(b) (Approval criteria).
(a) Safe Walking for School Children; sidewalks.
23. The site has adequate safe walking pathways for children to and from public
school. It is located directly adjacent to the Chimacum Creek Primary School. Based on the
Examiner’s site visit, paved sidewalks currently exist along Cedar Avenue, along the east edge
of the site, all the way to the Jefferson County Public Library, which provides a safe access to
the Primary School. The elementary school, middle school and high school in the area are
located at the corner of SR 19 (Rhody Drive) and West Valley Road in Chimacum. The
Chimacum School District provides school bus service throughout the area.12 The applicant
proposes internal road sidewalks and frontage improvements on Mason Street, including
construction of a curb and sidewalk. Exhs. 10, 21, 66-04 at Sheet 20 (Typical Sections).
(b) Transit Facilities.
24. The site has adequate public transit in close proximity. Based on the Examiner’s
site visit, there is a Jefferson County public transit bus stop located on the west side of Cedar
12 https://www.csd49.org/departments/transportation
DECISION
FILE NO. SUB2025-00012 -- 23
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Avenue within steps of the proposed development.
(c) Open Spaces, Parks and Playgrounds.
25. The staff report, Exh. 01, and the stipulation between DCD and the applicant,
Exh. 66-01, both note that the code requires adequate provision of open space, parks and
playgrounds. Undeveloped portions of the site are shown on the preliminary plat as open space,
including “Tract C” which is 4.56 acres in size. The proposed plat makes adequate provision
for open space. Exh. 66-04, Sheets 6-8.
26. No parks or playgrounds are described in the preliminary plat layout, in the Site
Development Plan, or in any of the narratives offered by the parties. Neither the County’s
development standards for subdivisions or the Irondale/Port Hadlock UGA, JCC § 18.16.060,
call out specific requirements for playgrounds or dedication of parks. Nonetheless, the general
standard under JCC § 18.35.310 mandates these amenities. That mandate is especially acute in
a large and dense housing development like the Mason Street Development. The preliminary
plat must show “the boundaries, dimensions and area of public common park and open space
areas” and “all areas proposed to be dedicated for public use, together with the purpose and any
condition of dedication,” and any proposed trails JCC § 18.35.300(3)(d), (e), (l).
27. Since no parks or playgrounds are shown on the preliminary plat, Exh. 66-04, or
the Site Development Plan, Exh. 66-05, the Examiner finds that the applicant has proposed
nothing to demonstrate compliance with the requirement in JCC 18.35.310(1)(b) with respect to
the needs of the proposed subdivision for parks and playgrounds. The subdivision is likely to
house a substantial number of children of all ages given the large number of proposed residents
(472), its goal of providing affordable housing, and its proximity to public schools. The
omission of planned outdoor play space for children is a significant omission and leads to a
Decision of approval with a condition to provide parks and playgrounds on-site, at a scale
DECISION
FILE NO. SUB2025-00012 -- 24
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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reasonable for the expected number of school-age residents on all phases of the development, to
be provided prior to occupancy of the first phase of development, subject to review and
approval by the DCD Administrator prior to final plat approval of the first phase of
development.
(d) Drainage Ways.
28. The proposed preliminary plat makes adequate provision for stormwater runoff,
as shown on the proposed plat, Exh. 66-04, Sheets 12-14, and the Site Development Plan at
Exh. 66-05, Sheet SD-00 (Grading and Drainage Composite Plan). See also, Exh. 01 at 6; Exh.
05 (Drainage Report).
(e) Utilities.
29. The proposed preliminary plat makes adequate provision for utilities necessary to
serve the proposed development. Exh. 66-04, Sheets 9-11. The Site Development Plan
provides additional detail demonstrating that all relevant utilities are proposed for preliminary
plat approval. Exh. 66-05, Sheets 1-3, 5.
(f) Potable Water.
30. Public water supply will be installed to the plat and supplied by the purveyor, the
Quimper PUD #1 of Jefferson County (Water System ID – 05783U). The Record contains
evidence of the availability of potable water supply adequate to serve the development. Exhs.
07, 37, 38, 50, and 62. Based on his review of “the submittal at preliminary plat” and listed
applicant submittals pertaining to fire safety, the Fire Marshal has confirmed the adequacy of
water supply for firefighting. Exh. 61C (Declaration dated October 14, 2025, and Letter, dated
Oct. 8, 2025).
(g) Lighting. JCC § 18.18.090, 18.30.140.
31. The analysis of compliance with applicable lighting standards in the staff report
DECISION
FILE NO. SUB2025-00012 -- 25
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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is incorporated by reference at Page 7, Exh. 01. A detailed lighting plan is included in the Site
Development Plan to demonstrate compliance with applicable development standards. Exh. 66-
05, Sheets LT0.01, LT1.01 - LT1.04.
(h) Landscaping. JCC § 18.18.070(3)(b).
32. The analysis of compliance with applicable landscaping standards in the staff
report is incorporated by reference at Page 6, Exh. 01. A preliminary landscape plan is included
in the Site Development Plan, Exh. 66-05 at Sheets L10.11 – L10.13.
(i) Building Setbacks. JCC § 18.35.840.
33. The analysis of compliance with applicable building setbacks in the staff report
is incorporated by reference at Page 8-9, as modified here. Exh. 01. Generally, individual unit
lots within a Unit Lot Subdivision need not conform to zoning code building setbacks that
otherwise would apply to a long subdivision, under JCC § 18.35.820 and state law. However,
county code does require that the plat conform to the lot configurations and setbacks laid out in
the Site Development Plan, as discussed above. Specifically, JCC § 18.35.820(1) requires that
individual unit lots for attached dwellings and their accessory improvements must be
“conforming to the approved site plan.”
34. Proposed building locations, sizes and dimensions are shown on multiple pages
of the Site Development Plan at Exh. 66-05, Sheets 1 – 6. Those depictions are useful because
they show the lot and housing layout in relation to various elements of the preliminary plat,
including utilities, drainage ways, parking areas, roadways and proposed landscaping. This
Decision requires that the plat conform to the layout in the Site Development Plan.
(g) Compliance With Urban Zoning, Based on Sanitary Sewer Availability.
35. The Examiner finds the preliminary plat application makes adequate provision
for wastewater treatment. The project is easily connected to the existing sewer mains in
DECISION
FILE NO. SUB2025-00012 -- 26
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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adjacent streets, Exh. 66-04 (preliminary plat), and there is adequate capacity within the Port
Hadlock wastewater treatment facility. Exh. 08. The treatment plant is operational.
36. The sanitary sewer service installation into the Mason Street neighborhood has
made Habitat for Humanity’s development possible at urban densities. The new sewer capacity
has now triggered the transition from rural to urban uses, under the County’s plan for phased
development of the PHUGA. Pursuant to JCC §18.19.100, urban zoning automatically replaces
the prior transitional rural zoning designation of the project site (without further legislation)
when sanitary sewer is “available.”
37. The development regulations for the PHUGA implement the phasing of urban
zoning based on sewer availability in Chapter 18.18 JCC.
38. “The availability of sewer facilities is a precondition to developing inside the
UGA at urban densities or standards. Jefferson County will apply urban standards to parcels
where sewer is available.” JCC § 18.18.05.
39. “Availability” of sanitary sewer to the site is defined by § 18.18.040(4):
Sewers shall be considered to be available for the purposes of turning off the
transitional rural zoning in Chapter 18.19 JCC for the Irondale and Port Hadlock
urban growth area as described in JCC Title 13.
Title 13 defines “availability” by reference to sewer lines being located in the ground in close
proximity to the subject parcel:
Available” and “availability” means that the PHUGA sewer system is located
within 200 feet of an existing sewer collection line via public rights-of-way,
utility easements or some other route at the discretion of the director.
[Ord. 6-25 § 3 (Appx. A); Ord. 9-24 § 3 (App. A (Exh. 5)); Ord. 7-24 § 3 (Appx.
A)]
JCC § 13.02.010.13
13 In its most recent codified form, Chapter 13.02 JCC contains a definition of sewer “availability” involving a test
of whether the Port Hadlock sewer system is located “within 200 feet of an existing sewer collection line.” JCC §
13.02.010. (That test replaced prior definitions -- “within 200 feet of the closest property line” (former JCC §
DECISION
FILE NO. SUB2025-00012 -- 27
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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40. The determination of whether sewer is available is left to the “discretion of the
director,” meaning the Public Works Director or the Director’s delegee, typically the overall
manager of the Port Hadlock Wastewater Treatment Plant. Id. And, JCC § 18.18.060(4)(a)
requires the property owner to “obtain confirmation of sewer availability from the PHUGA
sewer system operator prior to development approval.”
41. On February 21, 2025 the applicant/property owner obtained written verification
of sewer availability from Samantha Harper, P.E., Wastewater Project Manager of the Port
Hadlock UGA wastewater plant, the operator of the sewage treatment plant.14 Exh. 08.
42. As discussed at length in the Comprehensive Plan, Jefferson County built a new
wastewater treatment plant facility to serve the PHUGA sewer service area and then installed
the first phase of sewer mains. In the Stipulation described above, DCD’ verified that the new
treatment plant and service mains had become operational as of September 8, 2025.15
43. At the July 15, 2025 hearing, the applicant’s representative at Parametrix
confirmed that sewer mains existed adjacent to the site within the right-of-way for Mason Street
and Cedar Avenue. He pointed out the location of the existing sewer mains on the preliminary
plat map, then offered as Exhibit 03, which was dated March 7, 2025. The Examiner finds,
based on that testimony and the March 7, 2025 plans referred to in that testimony that the
sanitary sewer mains were within 200 feet of the project site as of that date.
44. Summarizing these facts, the Record demonstrates that the preconditions to
urban zoning in Chapter 18.18 have been met:
(a) Sanitary sewer lines were installed in the Mason Street and Cedar avenue
rights-of-way;
18.19.120) and “the PHUGA sewer system is available to a property” (former JCC § 13.02.010, codifying Ord. 09-
1209-24 (eff. Dec. 9, 2024).
14 See JCC § 13.02.150 (Definition of “Operator”).
15 Exh. 65-01, Stipulated Summary of Review Criteria (Stipulation) at 4, Para. 2(a)(vi).
DECISION
FILE NO. SUB2025-00012 -- 28
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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(b) The sewer collection lines are existing adjacent to the property line of this
site, well within the 200-foot standard in § 13.02.010 (“availability”);16
(c) The applicant obtained a signed certificate from the treatment plant
operator at Public Works of sanitary sewer availability to the site and
capacity adequate to serve the planned units; and
(d) The preponderance of the evidence is that the County Public Works
wastewater treatment plant and sewer collection system is operational.
45. The facts in this case therefore support the use of PHUGA urban standards for
review of this application pursuant to Title 13 JCC and JCC §. 18.18.060(4).
(h) Fire Protection.
46. The Mason Street Neighborhood proposes a dense, townhouse development that
includes two Adult Family Homes for care-assisted residents. The Examiner reviewed the
status of the fire protection concept at the July 15, 2025 initial hearing and during subsequent
status conferences. After the close of the continued July 15, 2025 initial hearing, and over the
ensuing several months, the Applicant did considerable work and provided new exhibits and
testimony related to fire protection. Based on that additional work, the Examiner finds that the
preliminary plat and Site Development Plan provide adequate concepts for public safety related
to fire protection.
47. This Record now details the evidence reviewed by fire officials and the law they
applied to preliminary plat review. After the July 15, 2025 initial hearing, the applicant
submitted:
§ A set of more-detailed fire safety plans subsequently transmitted to the Fire Marshal
and the East Jefferson Fire & Rescue for comment;
§ Two memoranda analyzing state and local fire-protection requirements; and
16 The standard utilized up until 2024 was whether the new sanitary sewer was within 200 feet of “the closest
property line.” See, Ord. No. 09-1109-09 (eff. Nov. 9, 2009), codified at JCC § 18.19.120. As of January 1, 2025,
the County’s test of sewer “availability” focuses on whether the Port Hadlock sewer system is now located “within
200 feet of an existing sewer collection line.” JCC § 13.02.010. As late as December 9, 2024, the test still
referenced proximity to an owner’s property. See, former JCC § 13.02.010, at Ord. 09-1209-24 (eff. Dec. 9, 2024)
(test is whether “the PHUGA sewer system is available to a property”). See also, Exh. 45, Attachment 45-2.
DECISION
FILE NO. SUB2025-00012 -- 29
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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§ Updates incorporated into the Site Development Plan.
Exhs. 46, 47, 48, 49, 50, 54, 62, 66-06.
48. The Fire Marshal, Phil Cecere, attested in a Declaration at Exh. 61-C (Oct. 14,
2025) that he reviewed the documents described in Exhs. 47-50. In an attached letter dated
October 8, 2025, the Fire Marshal also “deemed all reports received to be of sufficient capacity
for the intended use [including] the location and quantity of fire hydrants as well as suitable fire
flow.” Exh. 61-C. His declaration reaffirmed the conclusions in his earlier declaration that he
had reviewed “all of the documents provided for this matter, including the engineer’s signed
preliminary plat.” Exh. 44. The Fire Marshal certified that “the preliminary plat proposed for
approval meets all applicable fire safety requirements for this proposed use and configuration.”
49. The applicant also submitted Exh. 66-03 into the record comprised of two “Fire
Compliance” memoranda. One of the memoranda, dated October 10, 2025, addressed to Fire
Marshal Cecere, provided relevant fire code citations concerning automatic sprinkler
requirements. The memorandum supported Fire Marshal Cecere’s conclusion that automatic
fire sprinklers are not required for the planned duplexes, two-story townhomes or one-story
Adult Family Homes (a.k.a. Group Homes or “Congregate Homes”).17 The memorandum
clarifies that none of these buildings are exempt from sprinkler systems if they are 5,000 square
feet or larger, under local fire regulations in the building code (citing JCC § 15.05.047).
50. The second memorandum in Exh. 66-03 (also addressed to Phil Cecere, dated
October 6, 2025) analyzed fire regulations across the board. According to the testimony of its
author, Zac Garrett (an engineer in training at Parametrix) at the November 12, 2025 hearing,
17 The memorandum cites Chapter 51-51 WAC, 2021 International Residential Code Insert Pages (2nd Printing,
Posted 2/29/2024, eff. March 15, 2024), subsection R313.1, Exception 2 (“Townhouse buildings containing no more
than four townhouse units”) and R313.2 (One- and two-family dwellings automatic sprinkler systems). The
memorandum also cites Section 903.2.8.5 which exempts Adult Family Homes with a capacity of seven or eight and
serves residents who require assistance during evacuation. Conditions of approval limit occupancy to six residents.
DECISION
FILE NO. SUB2025-00012 -- 30
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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this memorandum did not identify or address the requirements for locations of fire hydrants or
expected radii for coverage. But it did specify relevant regulations addressing fire flow
requirements, emergency access, fire response requirements and other elements of required fire
protection relevant to project design prior to final plat approval. Compliance with the
regulations outlined in Exh. 66-03 as determined by the Fire Marshal will therefore be required
prior to occupancy, as a condition of preliminary and final plat approval.
51. DCD contacted Chief Black, East Jefferson Fire & Rescue, on August 28, 2025
with copies of the four fire protection documents in Exhs. 47-50. Exh. 54. The District sent
DCD its comments dated September 19, 2025. Exh. 58. Chief Black certified that the proposed
concepts for fire protection met the District’s requirements for firefighting:
Following review of the preliminary drawings, EJFR is satisfied with the
calculations presented related to access for our emergency apparatus including
our primary engines and our aerial ladder truck, placement of water hydrants to
provide coverage for the property, and that all structures are within
reach of a 150' hose line deployed from an access road.
Id.
52. The Fire District confirmed in live testimony at hearing that their approval of the
preliminary plat was based upon review of: (a) the plans for the Mason Street Neighborhood
related to equipment access, access to water supply, and the distance between buildings and
firefighting access on the property; (b) plans reviewed during the preapplication phase in 2024;
and (c) a layout plan for fire hydrants confirming that no part of the development is left without
coverage from one of those hydrant circles. Testimony of Robert Wittenberg, East Jefferson
Fire & Rescue.
53. The project civil engineer testified at hearing to identify the locations of fire
hydrants shown on the preliminary plat, providing a clearer identification at Exh. 73. Testimony
of Stanley Matthew Craig, Parametrix. And, as part of the separate Site Development Plan,
DECISION
FILE NO. SUB2025-00012 -- 31
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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Exhs. 66-05 and 66-06 now include the new detail concerning the location of proposed fire
hydrants and internal roadway geometrics. Each of the fire hydrants shown on the plat and Site
Development Plan providing any protection to housing located within a particular horizontal
phase will be installed prior to final plat approval for that particular horizontal phase.
Testimony of Bob Collins, Habitat for Humanity; Exh. 71-A.
(i) Roads, Streets and Alley Ways;
(a) JCC § 18.18.060(1 (development and performance standards)
54. The staff report is incorporated by reference at Pages 5 and 9, Para. 2. Exh. 01.
(b) JCC § 18.18.080, .090 (Parking and Pedestrian Circulation).
55. The staff report is incorporated by reference at Pages 7 and 10. Exh. 01. As
noted, the preliminary plat proposes adequate frontage improvements to Mason Street,
including sidewalks. The applicant’s Mason Street Frontage Improvement Technical
Memorandum, dated June 13, 2025 at Exh. 10 was reviewed and accepted by Public Works.
And a Parking Site Plan was provided with the Site Development Plan at Sheet 6. Exh. 66-05.
(c) Direct Impacts to WSDOT State Highway Intersections.
(1) Background.
56. SR 19 is designated as a “Highway of Statewide Significance” (HSS) and a
“rural minor arterial.” Plan at 6-5. SR 116 is designated as a “highway of regional
significance” (HRS) under the Peninsula Regional Transportation Planning Organization
(PRTPO). Id. The intersection at SR19 and SR 116 can therefore be reviewed under rules
applicable to both HSS and HRS.
(2) Applicable Law.
DECISION
FILE NO. SUB2025-00012 -- 32
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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57. County Code authorizes the Hearing Examiner to impose conditions of
subdivision approval that require off-site road improvements to this intersection, “when
reasonably necessary to mitigate the direct inpacts” of the subdivision:
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, County code provides authority to require off-
site road improvements 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].
JCC §. 18.35.590.
(3) The MOU.
58. The applicant has entered into a Memorandum of Understanding with WSDOT
to voluntarily study and construct a temporary improvement to the intersection involving
channelization and a four-way stop, until such time as WSDOT installs signalization or a
roundabout at the intersection. Exhs. 63, 66-1. That MOU was introduced into the record of
subdivision approval by the applicant as a voluntary mitigation offer to demonstrate compliance
with the requirements of subdivision approval (including RCW 58.17.110(2), as explained by
legal counsel for the applicant). Testimony of Jamie Maciejewski, Executive Director, Habitat
for Humanity of East Jefferson County.
59. As acknowledged by the applicant’s traffic study, the proposed Mason Street
Development will generate direct traffic impacts at the intersection of SR19 and SR116 by
adding an additional 84 seconds of delay for westbound left-turn movements, at an intersection
that already is rated “LOS F.” Exh. 19-1 at 36. The fact of direct project adverse impacts to
this intersection are acknowledged by the applicant, Public Works and WSDOT. See Exh. 19-2
at 3. Mitigation of project impacts is “reasonably necessary.”
DECISION
FILE NO. SUB2025-00012 -- 33
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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60. At the urging of the Hearing Examiner at the July 15, 2025 initial hearing, the
applicant consulted further with WSDOT concerning project mitigation. On October 10, 2025,
WSDOT and the applicant entered into a Memorandum of Understanding. Exhs. 63, 67-01, 71-
C (duplicate). The MOU is an integral part of the subdivision approval even if compliance
with SEPA is deemed satisfied. The applicant and WSDOT supplemented the MOU with a
letter-agreement allowing WSDOT to certify compliance with the MOU prior to final plat
approval. Exh. 66-01. The wording of the letter-agreement does not appear to modify the
MOU or the requirement that the applicant install mitigation described in the MOU:
HHEJC and WSDOT hereby agree that, upon completion of HHEJC's obligations
under the MOU, WSDOT will submit a letter to the Jefferson County Department
of Community Development certifying the satisfaction of HHEJC's obligations
with respect to said mitigation and MOU.
Exh. 66-01.
61. As memorialized in the MOU, the applicant has agreed to install a 4-way stop as
an interim measure “until funding is secured for a roundabout, as identified in the Jefferson
County Comprehensive Plan.” Exh. 63. The MOU requires installation after the applicant
prepares an “Intersection Control Evaluation” for purposes of designing the proposed
mitigation. Testimony of Jamie Maciejewski, Exec. Dir., Habitat for Humanity.
62. Notably, the applicant had already prepared and submitted an AWSC Warrant
analysis for a multi-way stop showing that conditions at SR19/SR116 met the warrant criteria
when comparing existing conditions with conditions in 2031 with the project. Exh. 19-4 at
Attachment E (to Applicant’s Updated Traffic Impact Analysis, dated July 17, 2025); see also,
TIA Table 9 at 21.
63. Both the updated TIA and the MOU entered into with WSDOT were introduced
into the record for subdivision review; this proceeding does not include any evaluation of the
adequacy of SEPA review under state or local SEPA procedures or substantive policies. The
DECISION
FILE NO. SUB2025-00012 -- 34
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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MOU specifically mentions the comprehensive plan goal of a future traffic control measure at
the intersection. Based on the MOU, the updated TIA, its included Warrant in Attachment E,
and the comprehensive plan statement of need, the Examiner finds that adverse impacts to the
WSDOT intersection must be mitigated as part of subdivision review.
(4) The County’s Position.
64. The County Engineer and Director of Public Works commented that Jefferson
County’s traffic concurrency standards applicable to County roads do not apply to “highways of
statewide significance,” like SR 19 and SR 116. Exh. 52 (Declaration of Monte Reinders).
Taking that interpretation as the County’s position, neither the County Engineer or Public
Works, in its various comments, addressed the County’s separate jurisdiction and authority
(distinct from concurrency standards) over the off-site road impacts of subdivisions to protect
public safety, provided under RCW ch. 58.17, JCC § 8.35.590, or JCC § 18.35.310. The
Hearing Examiner highlighted those sources of authority in various prehearing and status
conference orders. The County Engineer and Public Works also did not comment on the
applicability of concurrency under the Comprehensive Plan for Highways of Regional
Significance.18
(5) Analysis of the Limits on County Authority to Impose Traffic Mitigation.
65. Under the Growth Management Act of 1991, RCW ch. 36.70A, and Regulatory
Reform Act of 1995, RCW ch. 36.70B, there are established limits on County authority to
18 The Hearing Examiner notes that Policy CF-P-1.1 of the 2018 Comprehensive Plan states that Level of Service
(LOS) for “Category A Public Facilities” operated by Jefferson County apply to “all road facilities within Urban
Growth Areas” and “Highways of Regional Significance.” Plan at 8-22 (ref. Transportation Technical Appendix C).
These are assigned “LOS D.” Policy CF-P.3.1 requires that the County “issue development approvals only after a
permit decision has been made that there is sufficient capacity of Category A public facilities to meet the Level of
Service for existing and proposed development concurrency with the proposed development.” Plan at 8-26. Policy
LU-P-33.5 requires that LOS within the Port Hadlock/Irondale Urban Growth Area be consistent with the adopted
level of service standards for these “Category A public facilities” identified in the Capital Facilities and Utilities
Element of the Plan. Plan at 1-129. The Plan then establishes ‘LOS “D” or better’ as the standard for roadway
facilities within the Irondale/Port Hadlock UGA. Policy LU-P-33.6(d), Plan at 1-129.
DECISION
FILE NO. SUB2025-00012 -- 35
Jefferson County Hearing Examiner
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Port Townsend, WA 98368
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impose off-site traffic mitigation as part of subdivision approval through conditions requiring
payment of traffic impact fee/concurrency regulation. RCW 36.70B.030(1). Specifically, the
decision maker of a project review is barred from reexamining alternatives to fundamental land
use planning choices as to (a) types of land use; (b) density levels within UGAs; or (c) the
availability and adequacy of public facilities funded in the plan or development regulations,
when it is determined that these items “are defined in the development regulations applicable to
the proposed project or, in the absence of applicable regulations the comprehensive plan.”
RCW 36.70B.030(2).
66. Any traffic impact fee mitigation imposed during project review is lawful under
state law only if local government adopts an ordinance that complies with all of the steps for
capital facilities planning under GMA, including identification of public facility improvements
necessary to support development and the method for determining the proportionate share of
impact and cost from new development. RCW § § 82.02.050(1)(c), .050(f), .070. Assuming a
jurisdiction complies with those requirements, impact fees may not be imposed to make up for
pre-existing system deficiencies. RCW 82.02.020.
67. Those limits on the exercise of County mitigation authority are interpreted in
harmony with two other statutory mandates. The County has already acted under one of those.
(6) Fact: The SEPA MDNS did not Require Construction at the Intersection.
68. The State Environmental Policy Act, SEPA, authorizes the exercise of
substantive authority to condition or deny a project that results in probable significant adverse
environmental impacts identified in adopted SEPA policies. RCW 43.212C.060. In this case,
the County imposed SEPA mitigation on this project, by issuing an MDNS with a condition
requiring consultation with WSDOT about how to mitigate the additional impacts of the project
on an already failing level of service at the intersection at SR19 and SR 116.
DECISION
FILE NO. SUB2025-00012 -- 36
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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The exercise of SEPA authority to require consultation concerning a possible
intersection improvement does not bar review of direct project impacts on an intersection under
other laws. In other words, when the imposed SEPA mitigation does not require an
improvement that is otherwise required by other laws, a SEPA Mitigated Determination of
Nonsignificance does not preempt the field. The Hearing Examiner has granted deference to the
analysis of impacts by the SEPA Responsible Official, while also investigating the evidence of
whether the proposed mitigation is sufficient to meet other applicable legal standards. In this
case, the SEPA Threshold Determination did not impose a requirement for intersection
improvement and thus did not mitigate the known adverse and direct impact of the project on
the intersection.
(7) State Subdivision Requirements for Hearing Examiner Plat Approval.
69. As explained at the outset, a second statute contains a strong directive mandating
that hearing examiners examine long subdivisions like this one for any impacts that are not
reasonably mitigated under either existing regulations or a SEPA MDNS, and thus still
endanger public safety. RCW 58.17.110(2) prohibits a hearing examiner from approving a
proposed subdivision unless the decision maker “makes written findings that: (a) Appropriate
provisions are made for the public health, safety, and general welfare and for . . . streets or
roads, alleys, other public ways . . . and (b) the public use and interest will be served by the
platting of such subdivision and dedication.”
70. This case has involved an effort to make written findings of approval that meet
this standard, in light of the Record demonstrating that public safety on streets, roads or other
public ways is not served by the increased traffic this project will generate. With appropriate
plat conditions mitigating the known adverse and direct project impacts to the SR19/SR116
DECISION
FILE NO. SUB2025-00012 -- 37
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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intersection pursuant to an MOU between the applicant and WSDOT, the Examiner now finds
the Record sufficient to grant preliminary plat approval.
(8) Does the Regulatory Reform Act Bar a Condition Under RCW ch. 58.17?
71. The first stage in the analysis is whether a limit on authority is in place, under
RCW 36.70B.030(2), above. Under that provision, the Hearing Examiner must first determine
that “the items listed in this subsection [i.e., the public facility/intersection] are defined in the
development regulations applicable to the proposed project or, in the absence of applicable
regulations the adopted comprehensive plan.” Id. However, under the wording of the statute,
the Examiner only examines the “availability and adequacy of public facilities identified in the
comprehensive plan, if the plan or development regulations provide for funding of these
facilities as required by chapter 36.70A RCW [the Growth Management Act].” Id., emphasis
added. The “public facility” at issue in this case involves two state highways. Neither is the
subject of funding by Jefferson County; thus the limitation under RCW 36.70B.030(2) barring
project-level review of the “adequacy of public facilities” does not apply.19
(9) Limits on Traffic Mitigation Conditions Under RCW ch. 82.02 and GMA.
72. The second stage in the analysis is whether statute or ordinance bars the
imposition of mitigation conditions under RCW 58.17.110(2) to address road impacts when
local government is not authorized to establish a road mitigation program for improvements to
state highways and thus cannot impose traffic mitigation fees for those projects. The County’s
authority to impose road mitigation fees is limited by RCW 82.02.020.
73. The statute bars imposition of any tax, fee, or indirect charge on subdivision
approvals unless authorized under RCW 64.34.440 (not applicable) or 82.020.50 through
19 The issue of impacts to state highway intersections does not involve the other two elements of limited authority
under RCW 36.70B.030(2): (1) choices as to the type of land use; or (2) choices as to density of residential
development.
DECISION
FILE NO. SUB2025-00012 -- 38
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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82.02.090. Unless compliant with these provisions, conditions requiring payment of impact
fees is strictly prohibited. Impact fees are defined as follows:
“Impact Fee” means a payment of money imposed upon development as a
condition of development approval to pay for public facilities needed to serve
new growth and development, and that is reasonably related to the new
development that creates additional demand and need for public facilities, that is
a proportionate share of the cost of the public facilities, and that is used for
facilities that reasonably benefit the new development. "Impact fee" does not
include a reasonable permit or application fee.
RCW 82.02.090(3).
74. In this case, Jefferson County does not have any adopted policies or regulations
establishing a fund for collection of traffic impact fees. In that instance, the statute contains an
express bar on collection of impact fees: “(2) Impact fees for system improvements shall be
expended only in conformance with the capital facilities plan element of the comprehensive
plan.” RCW 82.02.070(2).
75. The County incorporates by reference its Transportation Improvement Program
(TIP) into its comprehensive plan. Plan at 6-27, Goal TR-G-10. The Examiner takes official
notice of the County’s adopted 6-Year TIP for 2025-2030. It contains no scheduled
improvements for the SR 19/SR116 intersection (although it does contain improvements to
other portions of SR 19 – calling the roadway “Rhody Drive”).20 Accordingly, Jefferson
County has no adopted mechanism for collecting impact fees for system improvements on any
roads, and does not have a system that can be found to be in conformance with the capital
facilities plan element of its comprehensive plan. Therefore, in compliance with the prohibition
in RCW ch. 82.02 and concurrency requirements under RCW ch. 36.70A, this Decision does
20 The 6-Year TIP can be viewed at: https://www.co.jefferson.wa.us/444/6-Yr-TIP; See “Interactive Project Map” at
that site, for list and map locator of scheduled projects.
DECISION
FILE NO. SUB2025-00012 -- 39
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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not impose impact fees or require any dedications of right-of-way related to the intersection
improvement at SR19.
76. The third stage in the analysis is whether the County’s authority to deny or
condition a subdivision approval under RCW 58.17.110(2) authorizes it to require construction
of physical improvements to a state highway requested by the Washington State Department of
Transportation and agreed to by the applicant in an MOU. Other than the above-cited bar
against collection of impact fees in this instance, state law does not preclude exercise of
mitigation authority under RCW 58.17.110(2) to address direct project traffic impacts to a state
highway, i.e., by requiring a physical improvement to an intersection owned by the State of
Washington and authorized by the state and offered by the applicant in an open-record
subdivision review.
(10) Undisputed Facts.
77. There is no dispute in this case as to whether the project will directly exacerbate
the existing failures of the state highway intersection. The applicant does not dispute that the
intersection will have a significant “failing score” when project traffic is added to the existing
failing score (as described in the applicant’s own TIA). Exh 39; see also Exh. 19-4 at 6, et seq.
(applicant’s July 16, 2025 TIA).
78. WSDOT’s comments on the subdivision application describe the impact as
follows: “The LOS delay increasing from 79 s (F) to 107 s (F) is significant. What is the
project proposing to do for mitigation?” Exh. 19-3; see also Exh. 19-2 at 3: (“The difference
between with project and without project delay at the SR 19 and SR 116 intersection is
significant. From 172 to 256, this adds an additional minute of delay.”)
79. The County’s SEPA Responsible Official also noted the direct impacts of the
project on the state highway intersection and required “consultation” with WSDOT as the sole
DECISION
FILE NO. SUB2025-00012 -- 40
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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mitigation condition under the MDNS. Requiring mere consultation is not the equivalent of
requiring construction of an improvement to address project impacts and the SEPA condition is
therefore easily satisfied without achieving the mitigation. Subdivision law requires more when
the SEPA mitigation does not require the improvement and therefore will not actually reduce
the level of impact to a level that approximates public safety levels prior to the project (“pre-
development” condition in WSDOT’s terms).
(11) The Comprehensive Plan.
80. In light of the facts involving this known intersection hazard, the requirements of
RCW 58.17.110 and JCC § 18.35.310 mandate review of the public safety impacts of the
preliminary plat. Looking at local mitigation requirements, again Jefferson County has not
adopted any system for collecting traffic impact fees. Public Works maintained in this case that
it had no authority to impose mitigation over state highway impacts. Exhs 21, 53. DCD
testified at hearing that to the effect that the Responsible Official could not impose a SEPA
condition requiring more than consultation. Testimony of Greg Ballard, DCD Administrator.
81. At the local level, Public Works and DCD appear to have overlooked an
important feature of local adopted planning that does directly address this issue. The issue is
the degree to which it mandates or merely supports the intersection improvement condition on
development. The staff report does not contain any discussion of comprehensive plan
provisions concerning the SR19/SR116 intersection. But at the hearing on November 12, 2025,
DCD correctly testified that the County comprehensive plan does identify the need for a
roundabout at this intersection due to unsafe turning delays. Testimony of Mo-Chi Lindlblad,
DCD. And the applicant’s TIA cites to the comprehensive plan discussion of this intersection as
well.
DECISION
FILE NO. SUB2025-00012 -- 41
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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82. The 2018 Jefferson County Comprehensive Plan contains the following
discussion concerning development impacts to this intersection:
Under existing conditions, roadway capacity on SR 19, SR 116, and all
roadways in the Irondale-Port Hadlock UGA are adequate. However,
there are several unsignalized intersections along SR 19 in the
Irondale, Port Hadlock and Chimacum areas that experience long
delays as vehicles wait for gaps in traffic on SR 19. To accommodate
the minor street delays while also maintaining mobility on SR 19, a
minimum number of interruptions to traffic flow (traffic signals or
roundabouts) should be pursued. The most appropriate way to avoid
excessive traffic control is to minimize the number of locations of traffic
access onto SR 19 as well as control turn movements onto SR 19.
The intersection of SR 19 and SR 116 (Ness's Corner) currently
experiences the greatest side-street delay, and is therefore the most
immediate need for signalization or roundabout installation.
Several intersections experience similar problems to those of the
SR19/SR 116 intersection, such as SR 19 and Irondale Road, SR 19 and
Prospect Avenue, and SR 19 and Four Corners Road. Excessive minor
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delays should be reduced by improved traffic control at these
intersections.
Jefferson County Comprehensive Plan at 6-17 (2018) (emphasis added). This provision
underscores the urgency of WSDOT’s request for interim mitigation capable of handling the
project impacts, , until a signal or roundabout can be funded.
83. The Plan contains a timeline (2038) for requiring improvements, based upon
projected volumes at the time the 2018 Plan was adopted seven years ago:
DECISION
FILE NO. SUB2025-00012 -- 42
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
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Id. In other words, the Plan requires intersection improvements sometime during the Plan’s 20-
year planning horizon ending in 2038. So while identifying the significant delays at the
intersection of SR19/SR116, the Plan appears to undercut any mandate for needed
improvements prior to 2038. Any mandate in the Plan is further undercut when the Plan states:
“Under existing conditions, roadway capacity on SR 19, SR 116, and all roadways in the
Irondale-Port Hadlock UGA are adequate.”
84. Under RCW 38.70B.030(2), the Examiner finds that the comprehensive plan
does determine that this roadway intersection within the Irondale/Port Hadlock UGA is
“adequate,” however that finding, as discussed earlier, is not determinative of whether project-
level mitigation is reasonable. This identified public facility is not funded by the Plan, the
County’s Capital Facilities Plan, the Six-Year TIP, or any development regulations. The safe
harbor available for project-level review does not apply unless the needed public facility
improvements are actually funded. Funding is a necessary component of the “adequacy”
determination and is missing in this instance, thus the safe harbor does not apply during this
project-level review..
85. The aspirations expressed in the Plan (“improvements will be required . . . by
2038”) do not amount to funding, and there are no known capital facilities plans for funded
improvements at that intersection. Therefore, RCW ch. 36.70B does not bar mitigation imposed
under RCW 58.17.110(2) to protect public road safety (the mitigation does not include the levy
of impact fees or any required dedication).
(12) Applicant’s Voluntary Offer of Traffic Mitigation.
DECISION
FILE NO. SUB2025-00012 -- 43
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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86. The Hearing Examiner finds, based on all available testimony and evidence, the
applicant introduced the WSDOT MOU as a voluntary mitigation measure in the subdivision
hearing record to demonstrate compliance with the substantive requirements of RCW
58.17.110(2) and JCC § 18.35.310. This Decision imposes a condition requiring compliance
with a traffic control measure in that agreement, under the authority of RCW 58.17.100(2) and
JCC § 18.35.110.
87. It is clearly within the County’s authority to deny development approvals until
such time as unsafe conditions and deficiencies at this identified state intersection are improved
to a level required by JCC § 18.35.310, under the public safety standard. The corollary is that,
if the applicant does not follow through on its commitment at hearing to build the intersection
improvements approved by WSDOT at SR19/SR116, the basis for this preliminary plat finding
of compliance disappears; in that event, the project impacts remain unmitigated in violation of
law and in conflict with Plan Policies identified in Note 18, above.
88. Notably, the mitigation proposed by WSDOT and memorialized in an agreement
with the applicant involves temporary measures and does not require the applicant to install a
traffic signal or construct a roundabout, which presumably would involve much higher
expenditures and possibly mitigation costs that are disproportionate to the project’s share of
impacts at this intersection.21
89. At the end of the day, the applicant has entered into an agreement with WSDOT
that is a part of this subdivision review record, in order to mitigate the project’s direct impact to
the SR19/SR116 intersection. The MOU requires the applicant to fund an intersection
21 In the absence of capital facilities planning and funding, the only answer to project-level mitigation
review under RCW 58.17.110(2) is for the applicant, WSDOT and the County to form a mechanism for
collection and pooling of mitigation funding.
DECISION
FILE NO. SUB2025-00012 -- 44
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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improvement that includes channelization and a four-way stop; it also includes WSDOT’s
agreement not to seek additional impact fee contributions from the project. And it describes
Jefferson County Public Works as a “partner” in reaching the MOU agreement. The
Declaration of Monte Reinders, the County Engineer and Director of Public Works, states that
the County supports the MOU.
90. In summary form, key facts supporting that plat condition include the following:
§ The identification of this intersection as a priority for mitigation in the 2018
Comprehensive Plan (not addressed in any implementing development regulation)
stating:
The intersection of SR 19 and SR 116 (Ness's Corner) currently
experiences the greatest side-street delay, and is therefore the most
immediate need for signalization or roundabout installation.
Plan at 6-17;
§ The opinion of the WSDOT, the state agency most affected by the direct impact of
the project, that “The LOS delay increasing from 79 s (F) to 107 s (F) is significant;”
and “The difference between with project and without project delay at the SR 19 and
SR 116 intersection is significant. From 172 to 256, this adds an additional minute of
delay.” Exh. 19-3, 19-2 at 3;
§ The applicant’s TIA and updates, including its last revision dated July 16, 2025;
Exhs. 19-1 through 19-4;
§ The testimony of Jamie Maciejewski, Executive Director, Habitat for Humanity of
East Jefferson County at the November 12, 2025 hearing;
§ Verification of linkage between the voluntary MOU mitigation and a finding of
compliance with RCW 58.17.110(2) by counsel for the applicant, at the November
12, 2025 hearing;
§ The timing for performance of the relevant condition under this Decision, which
only requires completion of the improvement prior to occupancy or first sale or lease
(rather than final plat approval) so that the cost of the mitigation may be spread out
over time by the applicant and contributory funding sought.
91. The required road mitigation under RCW 58.17.110(2) and JCC § 18.35.110
imposed in the conditions below is necessary in a decision that relies upon the applicant’s
voluntarily MOU mitigation, offered in the Record and at hearing by the applicant as evidence
of compliance with these laws.
DECISION
FILE NO. SUB2025-00012 -- 45
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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(e) Phasing.
92. County code allows final plat approval in phases. JCC § 18.35.330, however the
code provides that final plat for the last phase must be filed with the County Commissioners
within five years of the date of preliminary long plat approval. JCC § 18.35.400. The code
expressly states that no extensions are available. Id. Nothing in this Decision can modify the
timelines or rules for final plat approval set forth in County ordinances or state law.
93. The proposal is to construct the infrastructure to support the project in three
individual phases (see site work phasing plan, Sheet 21, Exh. 64-01). The applicant describes
these infrastructure phases as “horizontal phases.” At the completion of each phase, all utilities
will have been installed to the edge of each unit lot within that “horizontal” site work phase.
Sections 18.40.100(3)(a) and .660 JCC require “a completion date for each phase.” Upon
installation of infrastructure, housing units will then be constructed in phases.
94. The applicant provides a description of the three horizontal phases for
installation of infrastructure to each unit lot, with a completion date for each phase that meets
the five-year requirement in code. The applicant’s Exh. 74-1 states:
DECISION
FILE NO. SUB2025-00012 -- 46
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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95. The applicant is not required to complete housing construction prior to final plat
approval of the horizontal phases. However, this preliminary plat Decision requires fulfillment
of certain conditions prior to occupancy of the constructed housing following final plat
approval.
VI. CONCLUSIONS OF LAW
To the extent any Finding of Fact should be more properly considered a Conclusion of
Law, it is hereby adopted as a Conclusion of Law.
1. Hearing Examiner has jurisdiction to review and approve, condition or deny the
proposed Mason Street Neighborhood preliminary plat and Site Development Plan, as set forth
in the Applicable Law section, above, incorporated herein by reference as though fully set forth
in this section.
2. The Hearing Examiner has no authority over the SEPA MDNS for the project;
the SEPA MDNS was issued as required by law and no appeals to the Hearing Examiner were
timely filed.
3. The Hearing Examiner has no authority to set Levels of Service for public
facilities within the Irondale/Port Hadlock Urban Growth Area or at key traffic intersections for
either the Washington State Department of Transportation or the Jefferson County
Commissioners. The Examiner reviews the plat and Site Development Plan for compliance
with applicable levels of service and to determine whether needed improvements are funded or,
if not funded, whether the public interest requires an improvement to maintain public safety,
under the authority of RCW 58.17.110(2) and/or JCC § 18.35.310.
4. The County’s adopted Comprehensive Plan (2018), and the plans and programs
referenced therein (together the “Plan”), provide the framework and specifics of Jefferson
County traffic planning and mitigation requirements. State law provides that, where applicable
DECISION
FILE NO. SUB2025-00012 -- 47
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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development regulations do not provide for adequate traffic mitigation to ensure public road
facilities will provide an adequate level of service after the development is occupied, local
government may consider appropriate elements of the comprehensive plan adopted under the
GMA. RW 36.70B.030(1), 36.70B.040(1). Jefferson County has not yet adopted regulations
providing for traffic mitigation within the Irondale/Port Hadlock UGA; it has, however, adopted
level of service standards under GMA, in the Plan.
5. Under the Plan, State Route 19 is designated as a “Highway of Statewide
Significance” and State Route 116 is designated as a “Highway of Regional Significance.”
6. Based on the applicant’s Transportation Improvement Analysis (TIA) and
comments from WSDOT in the Record, and absent an appropriate condition of approval
requiring mitigation as set forth below, the proposed long subdivision does not meet the adopted
LOS D for the intersection at SR 19 and SR116, as follows. SR 116 is a Highway of Regional
Significance and therefore was assigned LOS D in the Plan, as a “Category A” Public Facility
within the Irondale/Port Hadlock UGA. Plan at 8-22. Policy CF-P.3.1 in the Plan requires that
the County “issue development approvals only after a permit decision has been made that there
is sufficient capacity of Category A public facilities to meet the Level of Service for existing
and proposed development concurrency with the proposed development.” Plan at 8-26. There
is not sufficient capacity at this intersection to accommodate this development.
7. The intersection is already classified LOS F by WSDOT, with or without the
project. While the applicant cannot alone be held responsible for raising the LOS due to prior
conditions, it may not worsen the status of the LOS F, thereby precluding WSDOT and the
County from achieving LOS D in the future. The applicant is responsible to mitigate only the
incremental increase in traffic at this intersection directly attributable to its proposed
development. That incremental increase is quantified in the TIA as amended and reviewed by
DECISION
FILE NO. SUB2025-00012 -- 48
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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WSDOT and the Department of Public Works.
8. The mitigation recommended by WSDOT and now memorialized in a
Memorandum of Understanding with the applicant, offered by the applicant and DCD as Record
Exh. 71-C, requires the applicant to design and construct channelization and temporary
installation of a four-way stop at the intersection of SR 19 and SR 116. The recommended
mitigation is reasonable and capable of being accomplished, and the applicant is on record
volunteering to fully fund the mitigation as described in the MOU.
9. The foregoing extensive discussion of the legal framework for traffic mitigation
of a proposed subdivision in Jefferson County is incorporated herein by reference in its entirety.
In the absence of capital facilities planning and funding to ensure maintenance of LOS D on SR
116, as required by the Plan within the Irondale/Port Hadlock UGA (including any mechanism
to allow applicants to pay mitigation fees for their proportionate share of impacts), the County
laws authorize and the Plan mandates the conditioning of subdivisions and other permits by the
Hearing Examiner.
10. Construction and completion of the mitigation described in the MOU at this key
intersection will reduce the traffic impacts of this development at that location to a level that
conforms with the requirements of RCW 58.17.110(2) and JCC § 18.35.310.
11. Compliance with the MOU as a condition of preliminary plat approval is
therefore within the authority of the Hearing Examiner, is reasonable based on facts that are
well-documented, and appropriately is made a condition of approval.
12. Compliance with the MOU and actual construction and installation of
channelization and a four-way stop is required for this subdivision preliminary plat approval.
13. In an analogous situation, Jefferson County’s subdivision regulations require
adequate provisions for parks and playgrounds. JCC § 18.35.310(1)(b). None are proposed
DECISION
FILE NO. SUB2025-00012 -- 49
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
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within the plat or the Site Development Plan and the application does not point to any adjacent
parks or playgrounds serving the 472 project residents, which are reasonably anticipated to
include families with young children. The staff report does not identify any policies,
regulations or proposed mitigation related to parks and playgrounds. As required, this Decision
conditions the project to include provision for parks and playgrounds at levels reasonably
necessary for the projected number of residents under the age of 18. It is the responsibility of
the applicant to demonstrate compliance. DCD is delegated the discretion necessary to review
and ensure compliance with this requirement, but must document the calculation of levels
needed to serve the projected youth, the design parameters for the playground, and the location
or locations on site on the final plat and in the record of final plat approval. To ensure
compliance with JCC § 18.35.310(1)(b) the CCRs must assign ownership of the playground(s)
and ensure their repair and replacement over time for the life of the housing development. The
improvements must be installed and functioning prior to occupancy of any of the units.
14. The draft CCRs, offered at Exh. 04, do not appear to be tailored to the
requirements of Jefferson County Code or the subdivision statute at RCW ch. 58.17, which
require local government to provide all approvals for any changes to a plat or the easements
contained therein, through a defined plat alteration process. Nothing in the common interest
community statute at RCW ch. 64.90 obviates those procedures and requirements for
subdivision approval by local government. The CCRs appear to be of a generic nature, which is
appropriate for preliminary plat review. However, prior to final plat approval, the County legal
department will need a reasonable advance notice and a copy of what is proposed for final plat
approval so that close legal review and other departmental review is available to the County, in
light of the applicant’s stated intention to operate this unit lot subdivision as a “common interest
community” under RCW ch. 64.90 (see Exh. 04, cover page).
DECISION
FILE NO. SUB2025-00012 -- 50
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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15. With these conditions addressing traffic impacts, the need for parks and
playgrounds, and the requirements for CCRs, and with other conditions, below, the Mason
Street Neighborhood common interest plat community proposed as a Unit Lot Subdivision in
the preliminary plat at Exhibits 66-04 and the Site Development Plan at Exhibits66-05 and 66-
06 meets the requirements of state law and Jefferson County Code.
16. The proposed type of development and overall density of the proposed housing
development are specifically permitted under the Urban Moderate Density Residential (UMDR)
zoning now applicable to the site with the availability of sanitary sewer within the Irondale/Port
Hadlock Urban Growth Area.
17. If approved subject to the conditions below, the proposed preliminary plat, with
its Site Development Plan, will make appropriate provisions and serve the public health, safety
and welfare, and the public use and interest.
18. The conditions for final plat approval set forth below are reasonable
requirements and in the public interest.
19. The proposed unit lot subdivision, as conditioned below, would conform to the
applicable land use controls.
VII. DECISION
Having reviewed the testimony, exhibits, briefing of the parties, and all other relevant
materials, and based upon the foregoing findings and conclusions, the Hearing Examiner
approves: (a) the proposed unit lot subdivision preliminary plat at Exhibit 66-04, as augmented
by Exhibit 73; and (b) the Site Development Plan at Exhibits 66-05, 66-06 which are now a part
of this preliminary plat decision, subject to the following conditions of approval.
Assessor’s Office
1. Prior to final plat approval, the applicant shall coordinate with the Assessor’s Office: (a)
to ensure that lot labeling facilitates a clear and efficient system for parcel number
assignment and tax assessment. Particular attention shall be given to lots designated for
duplex construction, as proper numerical sequencing is essential for accurate record
keeping. For example, if a duplex is proposed on non-sequential Lots 1 and 5, those lots
should instead be relabeled as Lots 1 and 2. This issue appears to primarily affect duplex
DECISION
FILE NO. SUB2025-00012 -- 51
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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lots, whereas lots designated for fourplexes have been numbered sequentially and
require no adjustment; and (b) to obtain the signature of the County Assessor on the face
of the final Declaration of Covenants, Conditions, Restrictions, Easements and
Reservations for the Mason Street Development (Declaration) to be recorded; no
changes thereto shall be made following the Assessor’s signature prior to recording of
the Declaration. The draft CCRs shall be submitted to the Assessor for approval under
the procedures and timelines specified below.
Environmental Public Health Department
2. Approval of this plat is contingent upon all residential units and associated
appurtenances being connected to the Port Hadlock UGA sewer system and receiving
water service from the Quimper water system. Any future development that does not
meet both of these requirements shall not be eligible for approval by the Jefferson
County Environmental Public Health Department.
Department of Public Works
3. Prior to final plat approval, the applicant shall install and obtain inspection approval
from the Department of Public Works for the Mason Street frontage improvements
along the northern property boundary. in substantial conformity with the Technical
Memorandum dated June 13, 2025 (Exh. 10).
4. The applicant shall obtain a road approach permit for the construction of four proposed
road approaches (three along Mason Street and one along Cedar Avenue). These
approaches must comply with current standards for major approaches.
5. Any utility installation or other work within the public right-of-way shall require the
appropriate utility or general permit from the Department of Public Works.
6. . Preliminary plat approval and Site Development Plan approval are subject to the
following condition, which again shall be restated and quoted on the face of the final
plat:
7. ”Prior to either the issuance of the first certificate of occupancy or the first sale or lease
of a unit lot or home, whichever is earlier, the applicant shall fully fund or construct
necessary channelization and a temporary four-way stop at the intersection of SR 19 and
SR 116, under design and construction standards acceptable to the Washington State
Department of Transportation, provided the applicant is not required by WSDOT to fund
any further impact-related improvements for State Highways. Any change to this
condition of final plat approval for any reason will violate the intent of the original
conditions of application approval and would not be consistent with this Decision. The
applicant proposes to create or add 5.97 acres of impervious surface and 14.56 acres of
land disturbing activities. Pursuant to JCC 18.30.060 and 18.30.070, a stormwater
management plan meeting Minimum Requirements #1 through #9 of the Department of
Ecology Stormwater Management Manual for Western Washington shall be submitted.
The plan must address temporary measures for erosion, sediment and stormwater control
during construction, as well as permanent stabilization and operational features post-
construction.
DECISION
FILE NO. SUB2025-00012 -- 52
Jefferson County Hearing Examiner
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Port Townsend, WA 98368
(360) 385-9180
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8. The proponent shall implement the approved stormwater management Plan throughout
the duration of the development.
9. Prior to the commencement of construction, the applicant shall submit engineering plans
for roads, bridges, stormwater facilities, and other regulated land-disturbing activities to
the Department of Public Works for review and approval.
10. Stormwater management facilities shall be constructed under the supervision of a
licensed professional engineer. Prior to final project approval, the proponent shall
submit a certification letter from the project engineer verifying that all stormwater
facilities were constructed in accordance with the approved plans.
11. In accordance with JCC 18.30.080(1)(f), the Department of Public Works shall inspect
all clearing, grading, and construction activities involving roads, bridges, utilities, and
stormwater facilities. To facilitate timely inspections, the applicant shall coordinate
scheduling with the department at (360) 385-9160. Typical inspections may include:
(i) Installation of temporary erosion and sediment control measures;
(ii) Clearing (and Grading) and road subgrade preparation;
(iii) Placing roadway gravel base;
(iv) Placing roadway crushed surfacing top course;
(v) Placing improved roadway surface (chip seal or asphalt concrete);
(vi) Construction of stormwater management facilities;
(vii) Final plat review;
(viii) Additional inspections may be deemed necessary as project progresses.
12. Easements for private roads providing access or internal circulation within the
subdivision shall be 60 feet wide. A reduction in width may be considered upon
recommendation by the Department of Public Works, provided that public health, safety,
and welfare are not compromised, and the proposed width remains adequate for the
construction and maintenance of roads and utilities. Where reduced easements are
approved, parallel utility easements may be required. Parking shall be constructed in
substantial conformity with the Parking Site Plan in the Site Development Plan, Sheet 6
(Exh. 66-05).
13. Access to the unit lot subdivision from the public road system shall be depicted on the
final plat consistent with the number and approximate locations of access on the
preliminary plat and Site Development Plan.
14. As authorized by JCC 18.30.080(1)(u), the Department of Public Works is entitled to
assess fees consistent with the most currently adopted Public Works fee schedule. These
fees apply to all development review activities including application review, plan
review, inspection services, public meetings or hearings, and final approval. Prior to
receiving project approval from the Department of Community Development, the
applicant shall remit payment for all fees related to these services, including costs
DECISION
FILE NO. SUB2025-00012 -- 53
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
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associated with preparation of the Stormwater Management Facility Maintenance
Agreement. Payment of these fees is required even in the event the proposal is denied or
not pursued to completion.
Department of Community Development
15. A minimum of 209 parking spaces, including at least two accessible spaces is required.
Parking space requirements may be modified upon approval by the administrator. All
parking spaces must be clearly depicted on the face of final plat.
16. The Applicant shall obtain approval for all proposed road names within the subdivision
in accordance with Chapter 12.20 JCC (911 Emergency Locator System). Approved
road names must be shown on the final plat.
17. Prior to final plat approval, the Applicant shall document full coordination with the
Jefferson County Offices of the Fire Marshal and the East Jefferson Fire & Rescue
(District) to document and demonstrate compliance with applicable fire safety codes and
requirements under state and local laws. Prior to issuance of any building permits, the
Applicant shall submit a file to the Building Official containing copies of all information
provided to the Fire Marshall and the District and the signature of each attesting to
review of those materials, certifying that all relevant fire safety concerns, including but
not limited to: emergency access, addressing, any changes to the location of existing and
proposed fire hydrants shown on the preliminary plat, at Exhibit 73, fire flow
requirements, and fire-safety requirements for the two Adult Family Homes shown on
the Site Development Plan, Exh. 66-05 have been complied with. Pursuant to those
requirements, automatic sprinkler systems will be required for any of the following
buildings if they are ever constructed on any portion of the parent parcel: (a) residential
structures 5,000 square feet or larger in size; JCC § 15.05.047; (b) Adult Family Homes
occupied by more than six residents who require assistance during evacuation; and (c)
residential townhouse or townhome buildings containing more than four residential
units. All new and existing buildings must be provided with approved address
identification that is clearly legible and visible from the street or road fronting the
property. Address permits may be deferred to the applicable building permit for each
building or structure requiring an address. Any addresses issued prior to final plat
approval shall be shown on the final plat.
18. All exterior lighting shall be energy-efficient and designed to minimize light pollution.
Fixtures must be shielded or recessed to ensure that direct glare and reflections are
contained within the boundaries of the parent lot.
19. New multifamily dwellings consisting of more than four dwelling units in residential
zones shall provide a five-foot visual buffer along all street frontages. All plantings shall
meet the standards outlined in JCC 18.18.070. A final landscaping plan must be
submitted for approval, and the approved landscaping shall be installed prior to final
plat. All landscaping and related support systems shall be maintained throughout the life
of the project.
DECISION
FILE NO. SUB2025-00012 -- 54
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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20. Prior to final plat approval, the applicant shall submit the final Declaration of
Covenants, Conditions, Restrictions, Easements, and Reservations (CCRs) to Jefferson
County for review. Upon approval, the Declaration shall be recorded in sequence just
prior to recording the final plat. The corresponding Auditor’s File Number (AFN) for the
CCRs shall be referenced on the face of the final plat. Prior to final plat recording, the
applicant shall comply with the following procedures for review of the CCRs (which are
for a common interest community):
(i) The applicant shall provide the Assessor and DCD’s legal counsel with a copy of
the proposed final plat CCRs for written comment sixty (60) days in advance
of a date the applicant expects to record any final plat approval for the first
phase of development.
(ii) (ii) After receiving written comments from the Assessor and DCD’s legal
counsel, the applicant shall submit a revised final draft of the CCRs for final
review and approval by the Assessor and DCD reflecting the applicant’s
changes made in response to comments.
(iii) The applicant shall submit this revised final draft to the Assessor and
DCD no later than twenty (20) days prior to the date the applicant expects the
County to review and issue any final plat approval for the first phase of
development.
(iii) Final plat approval shall not be given until DCD or the Office of the Prosecuting
Attorney certifies with the signature of a licensed attorney that the final
CCRs presented for final approval by the applicant meets all requirements of
RCW ch. 64.90 applicable to a “plat community” as that is defined in RCW
64.90.010(38).22
(iv) The applicant is required to record the approved CCRs and then reference the
recorded CCRs on the face of the final plat recorded for each phase.
(v) The content of the CCRs is subject to the following:
(a) The CCRs may not provide for declarant changes to the final plat (or
any recorded phase) or to easements shown on the face of the final plat.
The name of the development on the CCRs shall be: “Mason Street
Neighborhood,” to reflect the nomenclature of this plat approval;
(b) The CCRs shall strike all references to Salish Coast Housing, LLC or
other third parties unidentified at preliminary plat approval, unless the
applicant provides DCD and the Assessor complete identification of the
third party, including all instruments granting them rights or interests of
any kind in the plat; any third parties so-identified shall provide an
authorized and notarized signature on the face of the final plat ; and
(c) A notice shall be included on the face of the final plat as follows:
22 The Examiner notes that the draft CCRs presented in Exh. 04 contain provisions that incorrectly suggest the
Declarant may amend the plat and relocate easements “at any time.” CCRs, Section 13.2. In the next section, the
draft CCRs mischaracterize County code requirements for amendment of the preliminary or final plat. Provisions in
CCRs obviously cannot restrict the level of County review required by code.
DECISION
FILE NO. SUB2025-00012 -- 55
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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1. “Notice Regarding Resale and Leasing Restrictions:
2. The Mason Street Neighborhood is a “common interest
community” as defined in RCW ch. 64.90. The sale of lots or
homes may involve a “ground lease” or other instruments that
affect landowner rights. Lots or homes may be subject to resale,
leasing and other prohibitions, including restrictions on resale or
re-leasing prices. Until all lots and homes are sold, buyers or
lessees of lots or homes in this development may have waived
certain rights or granted the seller power-of-attorney, through the
recorded Declaration of Covenants, Conditions, Restrictions,
Easements, and Reservations recorded on ___________ under
Auditor’s File Number: ________________.”
(vi) Timely compliance with the procedures herein for approval of CCRs is the
applicant’s responsibility. Failure to comply with these procedures and
timelines may result in failure to meet the five-year deadline for
recording of the final plat.
21. The preliminary Inadvertent Discovery Plan (IDP) shall be updated and submitted to
DCD for review. A copy of the finalized IDP shall be maintained on site prior to the
commencement of any ground disturbing activities.
22. In accordance with Chapter 18.35.390 JCC (Final Long Plat), the final mylar shall be
prepared in compliance with the standards set forth in JCC 18.35.300 and 18.35.370.
23. The final blueline shall clearly display the name of the unit lot subdivision, “Mason
Street Neighborhood,” along with the county-assigned subdivision number, SUB2025-
00012, on all sheets of the mylar.
24. An updated plat certificate or supplement, current within 30 days, shall be submitted
with the final blueline.
25. Lot closure information shall be submitted alongside the final blueline and the updated
plat certificate.
26. Prior to final plat approval, the applicant shall coordinate the installation of underground
utility lines (including water, sewer, electricity, and telecommunications) to serve all lots
and install all new fire hydrants shown on Exhibit 73. All recorded easements shall be
accurately depicted on the final plat and shall reference the corresponding Auditor’s File
Numbers (AFNs) on the face of the plat.
27. Prior to final plat approval of any phase, the applicant shall coordinate the installation of
one or more playgrounds for toddlers and elementary-school-aged children and a walk-
run exercise trail (no bicycles) around the open space acreage of the development, at
locations that are entirely on site. Prior to final plat recording, a site plan showing the
design and installation of the playground(s) and the walk-run trail (no bicycles) around
the open-space perimeter shall be approved by the DCD Administrator in consultation
with Public Works, and the approved site plan shall be included as a separate sheet of
the final plat for recording. The facilities shall be constructed and available for use
pursuant to all required permits prior to issuance of the first certificate of occupancy.
DECISION
FILE NO. SUB2025-00012 -- 56
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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DCDs approval shall be based upon the high end of an estimate of the number of
toddlers and elementary-school-aged children DCD believes could likely occupy the
development at full build-out.
28. All graphical elements on the final plat shall conform to recording standards for
legibility.
29. In compliance with RCW 84.56.345, all current-year property taxes and any outstanding
or delinquent property taxes, including compensating tax from an open space program if
applicable, must be paid in full prior to the County Treasurer signing the mylar and
associated paper copies of the plat.
30. The applicant shall submit a reproducible 11” x 17” copy of the proposed final plat to
the Department of Community Development. The plat shall include all elements
required under JCC 18.35.300 and the certifications and other requirements outlined in
JCC 18.35.370 and 18.35.380.
31. All required signatures and professional seals on the mylar shall be in black ink.
32. Pursuant to JCC 18.35.360, no permits shall be issued for construction of improvements
within an approved unit lot subdivision until the following have been received and
approved by the appropriate departments: the improvement method report, all
construction drawings, proposed performance guarantees, and any additional submittals
required under applicable provisions of the Jefferson County Code and incorporated
standards. All construction activities shall be subject to inspection and approval in
accordance with county development standards and any incorporated specifications.
33. Prior to forwarding the final plat for review and decision, the DCD Administrator shall
ensure that the face of the final plat contains the notices and disclosures required by
RCW 58.17.060(3), verbatim with addition of exhibits and file numbers for this
development, as follows, entitled “Notice to Potential Purchasers”:
(a) “Approval of the design and layout of the Mason Street Neighborhood
unit lots subdivision was granted based on detailed review of that
specified project, as a whole, on the parent lot under DCD File No.
(SUB2025-00012).”
(b) “Subsequent subdivision actions, additions, or modifications to the
structures within the development may not create or increase any
nonconformity of the parent lot as a whole, and shall conform to the
approved unit lot subdivision on the preliminary plat (Exhibit 66-04)
and the Site Development Plan (Exhibits 66-05, -06) under DCD File
No. (SUB2025-00012) or to the land use and development standards in
effect at the time of the proposed actions, additions, or modifications.”
(c) “If a structure or portion of a structure within the unit lot subdivision
has been damaged or destroyed, any repair, reconstruction, or
replacement of any structure shall conform to the land use and
development standards in effect at the time the proposed repair,
reconstruction, or replacement project's permit application becomes
vested.”
DECISION
FILE NO. SUB2025-00012 -- 57
Jefferson County Hearing Examiner
1820 Jefferson St./P.O. Box 1220
Port Townsend, WA 98368
(360) 385-9180
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(d) “Additional development or redevelopment of the individual unit lots
may be limited as a result of the application of development standards
to the parent lot.”
(e) “The lots within this plat are legally created pursuant to JCC 18.35 and
RCW 58.17, the lots are considered as legal lots of record pursuant to
JCC 18.12, and are eligible for development under JCC 18.40. The lots
are not subject to additional Site Development Review (SDR)/ Legal
Lot of Record Determination (LLOR).“
(f) “Approval of this unit lot subdivision does not constitute approval of
building permits on each lot. Permit approval will be subject to
building lot plans, type of use, contours, and soils on individual lots.
Permits will be reviewed in accordance with site conditions and
regulations existing on the date of the permit applications.”
(g) “The lots, parcels, or tracts contained within this unit lot subdivision
were approved based on the condition that all residential units and
appurtenances are connected to the PHUGA sewer system, and the
Quimper water system.”
34. The sale of lots prior to final plat approval is unlawful.
35. A final plat which meets all of the requirements of Title 18 JCC and this decision shall
be submitted to DCD for processing, approval, and recording within five (5) years of
the date of signature on this preliminary unit lot subdivision Decision. The final plat
or any of its phases may be presented to the County at any time during the period of
preliminary approval. All phases must be finaled and recorded prior to expiration of
the five-year time period. County code does not provide for any extensions of the
five-year period.
ISSUED, this 31st day of December, 2025.
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Tom Ehrlichman, Hearing Examiner
RECONSIDERATION AND APPEAL RIGHTS
Pursuant to RCW 36.70C, the applicant or any aggrieved party may appeal the final decision to
the Jefferson County Superior Court within twenty one (21) calendar days of the date of
issuance of the land use decision. For more information related to judicial appeals, see JCC
18.40.340.
APPENDIX A
1
HEARING EXAMINER’S LIST OF RECORD EXHIBITS
Unit Lot Subdivision (SUB2025-00012)
Mason Street Neighborhood
EXHIBITS ENTERED AT PUBLIC HEARING JULY 15, 2025:
Exhibit 01 Updated Staff Report dated August 7, 2025 for 138 unit lot subdivision
Exhibit 02 Permit applications
Exhibit 03 Preliminary Plat including Clearing, Grubbing & Demolition Plan; Utility Plan; Storm Drainage and
Grading Plan; Site Work Phasing Plan and Landscaping Plan (Plat superseded by Exh. 36 and later by
Exhs. 66-04 and 70; see Exhibit 73)
Exhibit 04 Preliminary Declaration of Covenants, Conditions, Restrictions, Easements, and Reservations
Exhibit 05 Preliminary Drainage Report from Parametrix dated February 2025
Exhibit 06 Acknowledge pursuant to Jefferson County Code Chapter 18.19.150
Exhibit 07 Updated Water Availability Notification dated March 14, 2025
Exhibit 08 Sewer Availability Port Hadlock UGA dated February 21, 2025
Exhibit 09-1 Traffic Impact Analysis from Parametric dated February 28, 2025
Exhibit 09-2 Updated Traffic Impact Analysis from Parametrix dated May 15, 2025
Exhibit 09-3 Updated Traffic Impact Analysis from Parametrix dated June 20, 2025
Exhibit 09-4 Updated Traffic Impact Analysis from Parametrix dated July 16, 2025
Exhibit 10 Technical Memo Mason Street Frontage Improvement from Parametrix dated June 13, 2025
Exhibit 11 Notice of Public Hearing and SEPA Threshold Determination packet routed on June 17, 2025.
Exhibit 12 SEPA Threshold Determination of a MDNS issued June 17, 2025, SEPA Memo dated June 16, 2025,
and Environmental Checklist for 138 unit lot subdivision.
Exhibit 13 E-mail of Notice of Public Hearing and SEPA MDNS sent to agencies on June 17, 2025
Exhibit 14 Certificate of Mailing – Notice of Public Hearing and SEPA MDNS
Exhibit 15 Notice of Application mailing packet routed on April 23, 2025
Exhibit 16 Certificate of Mailing – Notice of Application
Exhibit 17 Affidavit of Publication – Notice of Application
Exhibit 18 Email from the Washington State Department of Natural Resources (DNR), last email dated June 4,
2025-
Exhibit 19-1 Washington State Department of Transportation Comments on TIA dated February 28, 2025
Exhibit 19-2 Washington State Department of Transportation comments on TIA dated May 15, 2025
Exhibit 19-3 Washington State Department of Transportation comments on TIA dated June 20, 2025
Exhibit 19-4 Washington State Department of Transportation comments on TIA dated July 16, 2025
APPENDIX A
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Exhibit 20 Email chain from the Washington State Department of Archaeology and Historic Preservation (DAHP),
last email dated June 23, 2025
Exhibit 21 Updated Jefferson County Public Works comments
Exhibit 22-1 Email from Jefferson County Offices of the Fire Marshal
Exhibit 22-2 Fire Marshal Declaration and Letter to Hearing Examiner (Updated by Exhibits 44 and 61-c)
Exhibit 22-3 Email exchange with East Jefferson Fire and Rescue
Exhibit 23 E-mail from Jefferson County Environmental Public Health dated June 11 and June 23, 2025
Exhibit 24 Email from Jefferson County Assessor’s Office dated June 24, 205 and June 25, 2025
Exhibit 25 Email from Al Latham dated May 5, 2025
Exhibit 26 Email from ORCAA dated June 30, 2025
Exhibit 27 2023 Aerial Photo from Jefferson County’s GIS mapping
Exhibit 28 Email from Washington Department of Ecology dated July 1, 2025
Exhibit 29 Parties of Record
Exhibit 30 Consolidated List per HE prehearing order dated June 14, 2025
Exhibit 31 Applicant’s slide deck for presentation
Exhibit 32 Certificate of Mailing Packet - Notice of Public Hearing and SEPA MDNS
Exhibit 33 Ordinance 09-12-0924 An Ordinance Approving Amendments to the County' s Comprehensive Plan;
and Amendments to Title 18 JCC, Title 15 JCC and Title 13 JCC
Exhibit 34 Ordinance 11-1216-24 An Ordinance Adopting Amendments to Chapter 18.40 of the Jefferson County
Code
Exhibit 35 Email from WSDOT dated June 4, 2025
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EXHIBITS ENTERED IN THE RECORD FOLLOWING ADJOURNMENT AND CONTINULATION OF HEARING:
Exhibit 36 Revised Preliminary Plat dated 7/30/2025 – Submitted by Applicant (Plat superseded by Exhibits 66-
04 and 70; see Exhibit 73)
Exhibit 37 Revised Water Availability Letter – Submitted by Applicant
Exhibit 38 Water Availability Request dated 2/27/25 – Submitted by Applicant
Exhibit 39 HFHEJC Response to Examiner – Request for Applicant’s Mitigation Offer Re State Highways
Exhibit 40 HFHEJC Response to Request for Applicant Fire Safety Analysis for Preliminary Plat
Exhibit 41 2025 08 08 Certificate of Service
Exhibit 42 2025 08 06 First Declaration of Mo-chi Lindblad
Exhibit 43 2025 08 08 2nd Decl of Mo-chi Lindblad [see Folder of Exhibits]
Exhibit 44 2025 08 06 First Declaration of Phil Cecere Final
APPENDIX A
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Exhibit 45 2025 08 08 JeffCo Legal Memoranda and Attachments.pdf FINAL
Exhibit 45-1 Ordinance 09-1209-24
Exhibit 45-2 Sewer Workshop
Exhibit 45-3 Ordinance 11-1216-24
Exhibit 46 Applicant’s Transmittal Memo (Tim Pula, Sept. 5, 2025) Fire Safety Plans (4 sheets)
[HX Note: Transmittal email from Applicant at Exhibit 66 states that Exhibits 66-03, 66-05 and 66-06
are electronic files and “supplants Exhibit 46;” the Applicant’s final fire protection exhibits are also
provided as Exhibit 69 – “Site Development Plans, Part 2” and Exhibit 73.]
Exhibit 47 MAP MSN-EMS 150 Hose (Superseded by Exhibits 66-06, 69)
Exhibit 48 MAP MSN-EMS AT Aerial (Superseded by Exhibits 66-06, 69)
Exhibit 49 MAP MSN-EMS AT Pumper (Superseded by Exhibits 66-06, 69)
Exhibit 50 MAP MSN-Water 082625 (Superseded by Exhibits 66-06, 69)
Exhibit 51 DCD Resume of Phil Cecere, Fire Marshal
Exhibit 52 DCD Declaration of Monte Reinders in Response to Hearing Examiner’s Status Conference Order
Dated September 4, 2025
Exhibit 53 DCD - Jefferson County Public Works Memo re: Utility Easements dated September 12, 2025
Exhibit 54 DCD - Email sent to Chief Black, EJFR with attachments
Exhibit 55 DCD- Notice of Continuation of Public Hearing - Certification of Mailing, Posting and Publication
Packet
Exhibit 56-1 DCD - Overview of the Application Process
Exhibit 56-2 DCD - Attachment A – Unit Lot Subdivision Fact Sheet 2025 update
Exhibit 56-3 DCD - Attachment B - 5559.E SBR FBR 25
Exhibit 56-4 DCD - Attachment C – 5559.SL
Exhibit 56-5 DCD - Attachment D - 5258-S2.E SBR FBR 23
Exhibit 56-6 DCD - Attachment E - 5258-S2.SL
Exhibit 56-7 DCD - Attachment F - City of Poulsbo HE Decision_Westry Village_ULS_Jan 25
Exhibit 57 Notice of appearance – Dean Williams, Gordon Thomas Honeywell Law Firm
Exhibit 58 DCD EJFR Comments dated September 19, 2025
Exhibit 59 Applicant’s Motion to Continue Hearing Final
Exhibit 60 DCD Notice of Cancellation of Public Hearing
Exhibit 61 DCD Request from Prosecuting Attorney’s Office to add exhibits
Exhibit 61A DCD Unsigned Second Declaration of Phil Cecere, with Signed Letter dated October 8, 2025
Exhibit 61B DCD Mason Street MDNS, Memo, SEPA Checklist
Exhibit 61C DCD Amended Second Declaration of Phil Cecere – signed, with Signed Letter dated October 8, 2025
APPENDIX A
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____________________________________________________________________________________
Exhibits below this line were admitted into the Record by the Hearing Examiner
at the continued public hearing held on 11/12/25
Exhibit 62 Applicant - MAP MSN-Water Revised 091125 (supersedes Exhibit 50; superseded now by Exhibits
66-06 and 69)
Exhibit 63 Applicant’s signed WSDOT Mitigation Agreement (Duplicated by Exhibit 71-C)
Exhibit 64, 64-01 DCD letter/motion, asking that the Hearing Examiner not enter hard copies of the preliminary plat
and Site Development Plan into the Record of the County’s Final Decision on Preliminary Plat.
(Motion denied by Order dated Oct. 30, 2025)
Exhibit 65 Applicant Transmittal Email Habitat for Humanity of East Jefferson County
Exhibit 65-01 DCD/Applicant Stipulation re: Summary of Review Criteria, Final Signed
Exhibit 66 Applicant’s Transmittal Email Nov. 4, 2025 response to 2nd Case Management Order and attaching
electronic copies of Plat, “Site Plan in 2 parts” and Fire Memoranda (without attachments)
Exhibit 66-01 WSDOT Certification procedure Letter signed
Exhibit 66-02 Memorandum from Parametrix with Table of Contents of Submitted Applicant Exhibits (“new or
augmented”) (Plat, Site Development Plan, Fire Memoranda and Plans)
Exhibit 66-03 Two Fire compliance memos “related to the Site Development Plan”: Fire Compliance Memorandum
dated Oct. 10, 2025; Memorandum to Phil Cecere from Parametrix (Oct. 6, 2025) (10 pages total,
no attachments); (“Supplants Exhibit 46”)
Exhibit 66-04 Preliminary plat– (Final Doc, per D. Williams; “Supplants Exhibit 36” and supersedes Exhibit 03)
Exhibit 66-05 “Site Development Plans Part 1” (Final Doc, per D. Williams: “Supplants Exhibit 46”)
Exhibit 66-06 “Site Development Plans Part 2”
(Final Doc, per D. Williams: 4 sheets re Fire Protection; “Supplants Exhibit 46”)
Exhibit 67 DCD Transmittal Email from DCD Additional exhibits for filing
Exhibit 67-01 DCD Memorandum (Nov. 3, 2025) amending staff report Condition No. 6 and adding a condition by
agreement with applicant
Exhibit 67-02 Email to newspaper agencies affidavit of mailing posting
Exhibit 68 Julie Miles (Applicant) Hand Delivery transmittal Nov. 5, 2025 with 14 sheets -
Hard Copy entitled: “Mason Street Project Final Site Development Plans Part 1”
Exhibit 69 Julie Miles (Applicant) Hand Delivery transmittal Nov. 5, 2025 with 4 sheets –
Hard Copy entitled: “Mason Street Final Site Dev Plans Part 2”
Exhibit 70 Julie Miles (Applicant) Hand Delivery transmittal Nov. 5, 2025 –
Hard Copy entitled: “Preliminary Plat 100825”
APPENDIX A
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Exhibit 71 Applicant Transmittal Email 101425 re: 3 Documents
Exhibit 71-A Applicant - Memorandum re Phasing and Number of Persons 101325
Exhibit 71-B (Not needed, per Applicant)
(Not entered into record: Superseded Applicant Plat and Site Development Package Oct. 14, 2025)
Exhibit 71-C Applicant’s Signed WSDOT Mitigation Agreement
Exhibit 72 Applicant’s Curriculum Vitae for Matt Craig, Parametrix, Project Civil Engineer
Exhibit 73 Applicant’s Map from Witness Matthew Craig, Project Engineer, augmenting Fire Hydrant locations
shown on Applicant’s Proposed Preliminary Plat (Oct. 8, 2025) at Exhibit 66-04
HX ORDERS
• HX01 – ORDER Mason Street – Pre Hearing Conference 071425
• HX02 – ORDER Mason Street – Order of Continuance and Case Management Orders July 22, 2025
• HX03 – ORDER Mason Street – Status Conference Order September 4, 2025
• HX04 – ORDER Mason Street – Granting continuance re: Plat Site Plan September 19, 2025
• HX05 – ORDER Mason Street – 2nd Case Management September 29, 2025
• HX65 – ORDER Mason Street – 2nd Pre Hearing Conference October 21, 2025
• HX07 – ORDER Mason Street – 3rd Prehearing Conference Order October 30, 2025-1