"The 167-unit, market-rate housing development was given the green light last week by Port Townsend Hearing Examiner Phil Olbrechts.
The approval followed earlier hearings in March between city staff, Montebanc Management, the developer of the project, and concerned residents.
Though some citizens had raised worries that the project lacked affordable housing units and the development would contribute to global warning, the hearing examiner quickly rejected those concerns at the start of his 25-page ruling.
“Port Townsend is singularly unique in the concern of its residents with global issues that transcend their municipal boundaries, in this case focusing upon affordable housing and climate change,” Olbrechts wrote in his decision.
“Unfortunately for the residents, the city has no legal authority to make the developer responsible for addressing those two pressing problems,” he added.
When it comes to affordable housing, the courts don’t consider developers to be the cause of unaffordable housing, Olbrechts said.
According to case law, “affordable housing should be a problem addressed by the population at large, as opposed to making individual developers shoulder that burden,” he added.
The addition of Madrona Ridge properties to Port Townsend’s housing supply could make a positive impact on prices, adding housing inventory and reducing demand from homebuyers to lower costs overall, according to Olbrechts.
“Numerous members of the public expressed concern over lack of affordable housing in the Port Townsend area,” he wrote. “There is nothing in the record to suggest that the proposal adds to the lack of affordable housing in the community or even increases the cost of housing. To the contrary, the proposal adds to the city’s housing inventory, that reducing upward pressure on housing prices.”
As for the climate impact of Madrona Ridge on the Peninsula and beyond, the hearing examiner said that the city has the burden of proof for environmental problems by the development.
The city must also back up any claims of climate impacts with empirical evidence or proof.
“In this case, there is no precise data on how much climate change damage will be created by the proposal,” Olbrechts said. “There is insufficient evidence to establish proportionate and reasonable mitigation for climate change impacts.”
Montebanc Management did not respond to a request for comment from The Leader.
Madrona Ridge is a 40-acre housing development north of the Rainier Street and Discovery Road roundabout.
The planned neighborhood will be “Victorian-themed” and has 167 housing units with lot sizes at a 3,600-square-foot minimum, according to city staff reports.
The hearing examiner issued his approval for the development March 29, saying “the applications are approved, subject to conditions.”
According to Montebanc Management’s analysis of the wetlands situated on the 40-acre property, there will be no net loss of ecological function for the wetlands. Additionally, the developer will retain or replace the trees on the property to meet the city’s tree retention standards. The developer will also use street lights to minimize light pollution and other related light impacts, according to Olbrechts’ report.
After two hearing examiner meetings March 8 and March 14, Olbrechts was given approximately two weeks to come to a decision on the planned neighborhood project and submit a written document discussing his findings, reasoning, and concluding decision.
The hearing examiner’s decision is final, unless it is appealed to Jefferson County Superior Court under the Land Use Petition Act.
The developer must complete and submit a final design for the subdivision to the city, then it will have the ability to start construction, likely in the summer, said Port Townsend Public Works Director Steve King."
Source
https://www.ptleader.com/stories/housing-development-approved-by-hearing-examiner,81856