HomeMy WebLinkAboutLUP25-022 Findings of Fact, Conclusions of Law and Final Decision RE: San Juan Preliminary Subdivision Preliminary Plat1
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BEFORE THE HEARING EXAMINER FOR THE CITY
OF PORT TOWNSEND
Phil Olbrechts, Hearing Examiner
RE: San Juan Preliminary Subdivision
Preliminary Plat
LUP25-022
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
OVERVIEW
STRUKT, LLC. requests approval of apreliminary plat application to subdivide 2.92 acres into
15 residential lots at 3920 San Juan Avenue. The application is approved subject to conditions.
TESTIMONY
A computer -generated transcript of the hearing has been prepared to provide an overview of
the hearing testimony. The transcript is not intended to provide a precisely accurate rendition
of testimony but generally identifies the subjects addressed during the hearing. The transcript
is provided for informational purposes only as Appendix A.
EXHIBITS
Exhibits 1-17 listed on page 25 of the staff report, were admitted into the record at the May 21,
2026, public hearing.
FINDINGS OF FACT
1. Applicant. The Applicant is STRUKT, LLC, c/o Sarah Gillies, 45 Legend Rd., San
Anselmo, CA 94960-1138
2. Hearing. A virtual and in -person hearing was held on May 21, 2026 at 9:00 a.m. in the
Port Townsend Council Chambers.
Substantive:
3. Site and Proposal Description. STRUKT, LLC. requests approval of a preliminary plat
application to subdivide 2.92 acres into 15 residential lots at 3920 San Juan Avenue. The
proposed development includes the construction of a new internal public street, utilities,
stormwater facilities, fire hydrants, sidewalks, a multi modal pedestrian/bicycle connection,
and tree conservation measures. The Applicant proposes to phase the development of the
proposed development into three phases. The subject property does not contain
environmentally critical areas.
PP/PA P. 1 Findings, Conclusions and Decision
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The proposed development will be accessed off San Juan Avenue. Legal access and adequate
right-of-way widths are established and confirmed through surveys of record dating from 1889
through 2023. The internal street is proposed within a 50-foot public right of way, consistent
with City standards.
4. Surrounding Uses: The area is currently characterized by single-family, detached
residences. Zoning for most surrounding lands is also R-II (Medium Density Single Family).
The property across San Juan Ave from the subject site is zoned P-I and developed with a
middle school
5. Adverse Impacts. As mitigated, there are no discernible adverse impacts that will be
created by the proposal. The project is SEPA exempt. Impacts are more specifically addressed
as follows:
A. Compatibility. The proposal is compatible with surrounding development. The
proposal is for single-family detached development, which is the same type of
development surrounding the project site. The proposed density conforms to the
zoning designation, which also applies to most surrounding properties. In this regard,
the density is also found to be compatible with surrounding uses.
B. Critical Areas. There are no critical areas at the project site. Staff and applicant have
found no critical areas at the project site and there is no evidence to the contrary.
C. Tree Preservation. The proposal conforms to the City's tree protection standards and
thus is found to make adequate provision for tree preservation. City staff have found
that the proposed lot layout and public street alignment minimize unnecessary tree
removal by concentrating disturbance within defined building envelopes, street
corridors, and utility areas, consistent with an urban subdivision pattern (Exhibit 3).
Tree removal will be limited to that necessary to accommodate public infrastructure
and buildable lots. Tree retention, replacement, and mitigation will be addressed in
accordance with Chapter 19.06 PTMC.
Due to the subject property's physical characteristics and the project's design goals of
preserving open space, solar access, and neighborhood character, strict application of
the standard tree conservation tables would be inappropriate. The proposed Alternative
Tree Conservation Plan (Exhibit 8.1) provides 126 Tree Units through a combination
of retained trees and distributed on -site plantings and is consistent with the purposes
of Chapter 19.06 PTMC.
D. Construction Noise. The City's noise and development standards cover construction
noise and there is nothing unique about the project that suggests that the proposal will
involve noises not anticipated by those regulations.
Infrastructure. The proposal will be served by adequate and appropriate infrastructure.
Infrastructure impacts are specifically addressed as follows:
A. Water and Sewer. The proposal will be served by adequate and appropriate water and
sewer. Water will be provided via a looped eight -inch public water main extending
through the subdivision with individual services to each lot. Public Works reviewed the
conceptual layout and confirmed that adequate pressure, looping, and system
connectivity can be achieved consistent with City standard. Sewer will be provided via
extension of existing service lines. New services will be delivered to the site as part of
PP/PA
p. 2 Findings, Conclusions and Decision
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the project construction phasing with review and approval by the City Public Works
Department.
B. Drainage. The proposal provides for adequate and appropriate stormwater management.
As conditioned, the proposal will not adversely affect drainage both within the site and
in the surrounding area because stormwater facilities will be designed and established
consistent with the 2005 edition of the " Stormwater Management Manual for Western
Washington" prepared and published by the Washington State Department of Ecology
(DOE) as adopted in MVMC Chapter 13.33. The Manual incorporates stringent water
quality control and stormwater flow measures as required by DOE that incorporates all
known, available and reasonable methods of stormwater prevention, control and
treatment (AKART) that applied at the time the manual was released in 2019. See RCW
90.52.040 and RCW 90.48.010.
The Summary Drainage Narrative and Conceptual Stormwater Plan (Exhibit 7)
demonstrate feasible stormwater management using vegetated flowpaths, bioretention
swales, infiltration, and/or rain gardens, supported by preliminary Western Washington
Hydrology Model (WWHM) calculations. Public Works confirmed that infiltration is
feasible based on soils information, with final infiltration testing, downstream analysis,
and detailed design appropriately deferred to SDP review.
C. Transportation. The proposal is found to provide for adequate and appropriate streets
since the preliminary design is found to conform to the City's street standards as
determined by the City's public works staff. More precise assessment and conformance
will be required for final plat approval.
Interior access to the proposed lots is provided via a new and existing a "ushaped"
roads which connects to San Juan Avenue. The development will also include internal
multi -modal pathways, which will extended off -site to connect to Spruce Street to the
east.
A traffic impact analysis (TIA) was not required for the project because the City's
public works standards only require such reports for plats that generate more than 20
peak hour trips. See Engineering Design Standards, Chapter 6, Appendix F.
Preliminary plats generally generate one peak hour trip per residence so the 15 lot plat
did not meet this threshold. Plats that don't meet the TIA thresholds are not considered
to materially add to surrounding congestion.
D. Schools. As conditioned, the proposal will be served by adequate schools and walking
conditions to and from schools. The project site is ideally suited for safe walking
conditions to and from school. The Blue Heron Middle school is located across San
Juan Avenue to the west. According to staff testimony, school buses for the elementary
and high schools serving the project site are located at the middle school. A crosswalk
provides safe walking conditions across San Juan Avenue. Internal and frontage
sidewalks provide safe walking conditions to the crosswalk. A trail connection from
the project to Q street connects the proposal to the Valley Trail, which provides a
pedestrian route to the high school and also improves safe walking conditions from off -
site students walking to the middle school.
PP/PA
p. 3 Findings, Conclusions and Decision
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CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. PTMC 20.01.040 classifies preliminary plats/plat
alterations as Type III applications, which requires a hearing before the Hearings Examiner,
who must issue a final decision.
Substantive:
2. Zoning Designation. The size is zoned R-II (Medium Density Single -Family).
3. Review Criteria. PTMC 18.16.060(A) governs the criteria for preliminary plat approval.
PTMC 20.01.235(D) requires the Examiner to make a specified set of findings for all Type III
(quasi-judicial) applications. All applicable criteria are quoted below in italics and applied via
corresponding conclusions of law.
Subdivision Criteria:
PTMC 18.16.060(A)(1): The proposed subdivision conforms to all applicable city, state and
federal zoning, land use, environmental and health regulations and plans, including, but not
limited to, the following:
a. Port Townsend Comprehensive Plan;
b. Port Townsend Zoning Code;
C. Engineering Design Standards;
d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMQ:
4. Criterion met. The criterion is met. City staff have reviewed the proposal for conformance
to applicable zoning standards at this stage of review and found it in conformance for the
reasons identified at Findings 2.1 — 2.113 of the staff report. Those findings are found to
accurately reflect the requirements of the City's zoning code.
PTMC 18.16.060(A)(2): Utilities and other public services necessary to serve the needs of
the proposed subdivision shall be made available, including open spaces, drainage ways,
streets, alleys, other public ways, potable water, transit facilities, sanitary sewers, parks,
playgrounds, schools, sidewalks and other improvements that assure safe walking conditions
for students who walk to and from school;
5. Criterion met. The criterion is met for the reasons identified in Finding of Fact No. 6.
PTMC 18.16.060(A)(3): Conservation of existing trees, and/or the planting of new trees, shall
be provided consistent with Chapter 19.06 PTMC, Article III, Standards For Tree
Conservation;
6. Criterion met. The criterion is met for the reasons identified in Finding of Fact No. 5.C..
PTMC 18.16.060(A)(4): The probable significant adverse environmental impacts of the
proposed subdivision, together with any practical means of mitigating adverse impacts, have
been considered such that the proposal will not have an unacceptable adverse effect upon the
quality of environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21 C RCW,-
PP/PA p. 4 Findings, Conclusions and Decision
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7. Criterion met. The project is SEPA exempt under PTMC 19.04.080B1 as a residential
development project involving less than 20 single-family dwelling units. Nonetheless,
conditions of approval mitigate for all potential adverse impacts and there are no critical areas
on site.
PTMC 18.16.060(A)(5): Approving the posed subdivision will serve the public use and
interest and adequate provision has been made for the public health, safety, and general
welfare.
8. Criterion met. As determined in Finding of Fact No. 5, the proposal creates no significant
adverse impacts and as determined in Finding of Fact No. 6 the proposal will be served by
adequate infrastructure. Further, the proposal accommodates urban growth in furtherance of
the environmental and infrastructure policies of the Growth Management Act. Finally, the
proposal fosters economic development and is consistent with the private property rights of
property owners. For all these reasons, the proposal serves public use and interest and adequate
provision has been made for public health, safety and welfare.
PTMC 18.16.060(B): Notwithstanding approval of criteria set forth in subsection a of this
section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, the
proposed subdivision may be denied because offlood, inundation or swamp conditions ....
9. Criterion met. There is no evidence of flood, inundation or swamp conditions. There are
no critical areas on -site, which includes streams, floodplains, shorelines and wetlands. Given
these circumstances, it is reasonable to conclude that the project site is not encumbered with
any flood, inundation or swamp conditions.
Type III General Permitting Criteria:
PTMC 20.01.235(D)(1): The development is consistent with the Port Townsend
Comprehensive Plan and meets the requirements and intent of the Port Townsend Municipal
Code;
10. Criterion met. As previously discussed, the project satisfies all applicable development
standards and comprehensive plan policies.
PTMC 20.01.235(D)(2): The development is not detrimental to the public health, safety and
welfare;
11. Criterion met. The criterion is met because it doesn't create any significant adverse impacts
as determined in Finding of Fact No. 5 and provides for appropriate infrastructure as
determined in Finding of Fact No. 6.
PTMC 20.01.235(D)(3): The development adequately mitigates impacts identified under
Chapters 19.04 (SEPA) and 19.05 (Environmentally Sensitive Areas) PTMC;
12. Criterion met. As previously determined, there are no critical areas or buffers on -site. The
proposal is SEPA exempt.
PTMC 20.01.235(D)(4): For subdivision applications, findings and conclusions shall be
issued in conformance with PTMC Title 18 and RCW 58.17.110.
PP/PA p. 5 Findings, Conclusions and Decision
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12. Criterion met. The findings and conclusions have been issued in conformance with these
applicable regulations. The primary focus of PTMC Title 18 and RCW 58.17.110 is adequate
infrastructure, which is met as outlined in Finding of Fact No. 6.
DECISION
The proposed preliminary plat/plat alteration is approved for the reasons identified in the
Conclusions of Law, subject to the following conditions (examiner revisions to staff
recommended conditions in track change:
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GENERAL
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The phased full subdivision shall be carried out in substantial conformance with the
approved preliminary plat drawing (Exhibit 3), except where modified by the approval of
subsequent Street and Utility Development permit (SDP), including the general location
and width of easements as required by these conditions. The applicant shall have completed
all required improvements, fulfilled all other required conditions as set forth below and
have applied for final long plat approval within the time frame allotted for such as provided
by state and local law (currently 5 years), unless an extension is granted pursuant to RCW
58.17.140.
2. In lieu of constructing any required full subdivision improvements, the applicant may
establish a financial security for the work. The amount of financial security required shall
be based on a qualified professional estimate prepared and submitted by the applicant or
their agent to the City for review and approval. Based on the form of security chosen by
the applicant, the City will prepare the proper forms and return them to the applicant for
completion (except for bonds which are obtained from a qualified bonding company).
Pursuant to the PTMC, the use of any financial security in lieu of actual construction shall
be 120 percent of the approved estimate in the event the City has to contract for completion
of the required improvements.
PRIOR TO INFRASTRUCTURE CONSTRUCTION
To ensure compliance with City Engineering Design Standards (EDS), along with other
city codes involving frontage requirements, utility service, and work proposed in City
rights -of -way and/or other easements, the preliminary infrastructure plans submitted for
the proposed development must be reviewed with a completed City application for a Street
and Utility Development Permit (SDP). Once reviewed and approved, the SDP can be
issued by the Planning and Community Department (PCD) and construction of the required
improvements can occur. Said SDP plans must substantially conform to the Preliminary
Civil Engineering Plans (Exhibit 5); however, City engineering staff reserves the right to
require additional corrections to the engineered plans prior to SDP issuance. The specific
design standards set in the Ex. 11.1 public works memo shall supersede any conflicting
design in Exhibit 5.
CONDITIONS RELATED TO TITLE 12 COMPLIANCE
4. Approval of final street, sidewalk, pedestrian, multimodal, and lighting designs through the
Street and Utility Development Permit process prior to construction.
PP/PA p. 6 Findings, Conclusions and Decision
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5. Construction or bonding of all required transportation and right-of-way improvements
prior to development of each subdivision phase.
CONDITIONS RELATED TO TITLE 13 COMPLIANCE
6. Final designs for public water, sanitary sewer, and stormwater facilities, including
infiltration testing, system sizing, overflow routing, and long-term maintenance
provisions —shall be reviewed and approved through the Street and Utility Development
Permit process prior to construction.
DURING INFRASTRUCTURE CONSTRUCTION
7. Any existing facilities (i.e. sidewalk, roadway, phone, electrical, etc.) that are damaged
during construction must be returned or repaired to a condition that meets or exceeds
condition prior to being damaged.
8. Construct Gilquist Lane, sidewalks, ADA frontage improvements, and multimodal
facilities consistent with the Engineering Design Standards and the preliminary civil.
9. Install three (3) streetlights pursuant to Ordinance 3271 and Public Works direction
consistent with the Engineering Design Standards and Preliminary Civil Engineering Plan'.
10. Install a looped 8-inch water main, required valves, and done new fire hydrants meeting
City and EJFR standards.
11. Complete sewer infrastructure as approved through SDP.
12. Final stormwater design shall comply with Chapter 13.32 PTMC, the Engineering Design
Standards, and the 2005 DOE Stormwater Manual, including required infiltration testing.
13. For each approved phase of the subdivision, all required public improvements shall be
installed or financially guaranteed in accordance with City requirements prior to
development of that phase.
14. Operational and maintenance responsibilities for stormwater facilities shall be documented
and recorded against the subject property or applicable lots, ensuring long-term
maintenance.
AS PART OF FINAL PLAT APPROVAL
15. Pursuant to the provisions of PTMC 12.04.110, the applicant shall provide a proposal that
guarantees against failure of the required infrastructure for a period of one year from the
date of final acceptance of the street and utility improvements. This may require posting of
a financial security device or other similar method in a form acceptable to the City.
16. The final plat materials shall be submitted to the Community Planning and Development
Department (PCD) and consist of an application form, the current final plat processing fee,
and the following:
1 There was some opposition to the street light requirement. The examiner has no authority to waive the
street lights required by Ordinance 3271. However, the ordinance does give public works the authority
to waive the requirements. Condition 9 should be construed as limiting the authority of the public works
department to waive any street light requirements imposed by Ordinance No. 3271.
PP/PA p. 7 Findings, Conclusions and Decision
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a. A digital copy of the final plat map. As further edits to the map are likely, the applicant
is advised not to prepare a reproducible mylar until directed to do so by CPD staff. The
digital map must contain the elements described in PTMC 18.16.120; and the following
accompanying documents as specified by PTMC 18.12.120.
b. An electronic (pdf) copy of the final plat map;
c. Lot closures;
d. A current plat certificate (title report) that shall be no more than 30 days old; and
e. Any restrictive deed covenants or C.C. & R.s that will apply to the subdivision bearing
all necessary signatures.
17. The applicant shall implement the approved Alternative Tree Conservation Plan providing
a total of 126 on -site Tree Units. No fee -in -lieu payment or off -site mitigation shall be
permitted unless separately approved by the Planning and Community Development
Director with written findings demonstrating compliance with PTMC 19.06.130(C)(3).
18. Prior to submittal of the required paper copies, the final long plat map shall be revised to
include the following notations:
"Owners, purchasers and lessees are hereby notified that the lots shown herein
are subject to an approved Tree Conservation Plan prepared pursuant to Chapter
19.06 PTMC and on file with the City ofPort Townsend Planning and Community
Development Department (PCD). Limitations on tree removal, requirements to
protect certain trees and/or plant new trees and signing of a tree conservation
affidavit as a condition of building or other site development permits may be
required. Interested parties should contact the City of Port Townsend for
additional information on tree conservation measures applicable to these lots. "
"Future development on any lot must prepare a stormwater management plan for
review and approval by City engineering staff which demonstrates that stormwater
generated on -site is being maintained on -site to the extentpossible. Said plan must
be prepared consistent with all adopted City stormwater requirements in effect at
the time construction for each lot is sought. At time of this plat recording, any lot
where development would result in 40 percent or more of the land area being
converted to impervious surfaces will require a stormwater plan to be prepared by
a Washington State licensed civil engineer. "
Additional edits and/or notations on the face of the long plat may be required, such as the
assignment of addresses as required by State law. These will be determined at the time of
final long plat review and approval.
19. The approved long plat shall not become effective until the mylar required for recording
has been filed with the Jefferson County Auditor and parcel numbers are assigned to each
lot. As the City is required to record the final long plat mylar once all required signatures
are obtained, and as the applicant is responsible for all fees associated with recording, the
applicant shall accompany city staff when recording of the long plat mylar takes place. As
additional staff time is involved with the recording, a $57.50 fee for this payable to the City
of Port Townsend will be required. All property taxes due on the subject property must be
paid in full prior to obtaining the signature of the Jefferson County Treasurer.
ONGOING
PP/PA
P. 8 Findings, Conclusions and Decision
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20. Future occupancy of any residential unit shall be subject to all applicable provisions of the
Port Townsend Municipal Code (PTMC), including zoning, subdivision and the
Engineering Design Standards.
Dated this 8th day of June 2026.
Phil Olbrechts
City of Port Townsend Hearing Examiner
Appeal Right and Valuation Notices
This land use decision is final and subject to appeal to superior court as governed by Chapter
36.70C RCW. Appeal deadlines are short, and procedures strictly construed. Anyone wishing to
file a judicial appeal of this decision should consult with an attorney to ensure that all procedural
requirements are satisfied.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation
PP/PA
P. 9
Findings, Conclusions and Decision