HomeMy WebLinkAboutAgenda Packet 08/01/2000
WAS H I N G TON, U. S. A.
AGENDA
CITY COUNCIL MEETING
321 EAST FIFTH STREET
August 1, 2000
REGULAR MEETING - 5:30 p.m.
FORTANGELES
A. CALL TO ORDER - Regular Meeting (5:30 p.m.)
ROLL CALL - Glenn Wiggins was absent
PLEDGE OF ALLEGIANCE - Led by Larry Williams
CEREMONIAL MATTERS &
PROCLAMATIONS
Proclamation recognizing tenure of Scott 1
Brodhun
The proclamation was cancelled
due to Scott Brodhun' s absence
Action
B. APPEAL:
Conditional Use Permit - CUP 00-03 - 3
German/Highland Courte, 1702 Melody Circle:
Appeals of Planning Commission's approval ofa
conditional use permit to allow a private chemical
dependency treatment center in the Residential
High Density zone.
1. Neighborhood appeal was
Action granted
2. Applicant's appeal was denied
3. Staff directed to bring back
findings & conclusions in
support of their decision
4. Exclude attachments 1 & 8 of
the neighborhood documents
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ADDITJDNAl,.; IAlAJI<..InI+71lJA) IN eL
C. WORKSESSION:
Council Goals Update 15
nLE.
Mayor Doyle recommended
Action presenting goals and objectives at
the next Council meeting
D. LATE ITEMS TO BE PLACED ON TIllS OR FUTURE AGENDAS (By Council, Staff or Public)
AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of
the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10
minutes.)
E. FINANCE
Contract with Den-Ree Productions to
implement E-Nabled Visions Tour
27
Action
Authorize the Mayor to sign the
contract with Den-Ree Productions
F. CONSENT AGENDA
City Council minutes - July 18, 2000
Consent Agenda accepted
31
Action
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
August 1, 2000 Port Angeles City Council Meeting
Page - I .
G. CITY COUNCIL COMMITTEE REPORTS
Babe Ruth Tournament, Meeting
with EP A Director, Peninsula
Development Association Meeting,
Mutsu City Mayor social gathering,
. b~i~gegr()und br~a~ing cerenlony,
and a farewell communit)ldinner
with the Mutsu City Mayor
H. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
I. RESOLUTIONS
J. OTHER CONSIDERATIONS
Appoint City representative to Clallam Transit to 39
attend review meeting of Public Transit Benefit
Areas (PTBA).
K. PUBLIC HEARINGS - QUASI-JUDICIAL
(7:00 P.M. or soon thereafter)
L. PUBLIC HEARINGS - OTHER
None
None
Action
Glenn Wiggins was appointed City
representative
None
None
M. INFORMATION
1. City Manager's Report (Page 43)
* Mid-Year Budget Status Report (Page 45)
2. Planning Commission Minutes - June 28,2000 (Page 71)
3. Board of Adjustment Minutes - June 5, 2000 (Page 85)
4. C.C. Humane Society report - June 2000 (Page 89)
M. EXECUTIVE SESSION (As needed and determined by City Attorney)
N. ADJOURNMENT
9:45 p.m.
. - . '.
e,permlf;applicatipns,.'proposed
.liearingJn .ordertoreceive
.CouncWmaychoose to seek
G:\CNCLPKT\AGENDA \OO-0801.WPD
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
August 1, 2000 Port Angeles City Council Meeting
Page - 2
CITY OF PORT ANGELES
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEETING
August 1, 2000
I. CALL TO ORDER - REGULAR MEETING: -.5: 30
II. ROLL CALL:
Members Present: V
Mayor Doyle
Councilman Campbell V
V ,
Councilmember Erickson
Councilman Hulett V
Councilmember McKeown V
Councilman Wiggins A bSe;I\ +
Councilman Williams L/
Staff Present: Other Staff Present:
Manager Quinn V ~ti
Attorney Knutson v
Clerk Upton Ab~.Q.A.;- . ~ dh
S. Brodhun J\-~ ~ 1"-
B. Collins V
G. Cutler V
D. McKeen V
T. Riepe V
Y. Ziomkowski v
III. PLEDGE OF ALLEGIANCE:
Led by:----.---L CArr,? i D'I' \',W'\5
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CITY OF PORT ANGELES
· ~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: August 1. 2000
LOCATION:
City Council Chambers
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CITY OF PORT ANGELES
· ~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: August 1. 2000
LOCATION:
City Council Chambers
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
August 1, 2000
To:
MA YOR DOYLE AND CITY COUNCIL
Brad Collins, Planning Director 1>c-
I
Highland Courte Conditional Use Permit (CUP 00-03) Apper
FROM:
SUBJECT:
Summary: The applicant Highland Courte and the neighborhood group Farlnlies and Independent
Residents of Highland Neighborhood each filed an appeal of the Planning Commission's decision
to approve a private chemical dependency treatment center in a residential location. The applicant
has two appeal issues, and the neighborhood group has five appeal issues. The staff has responded
to both appeals and each of the seven issues in this memorandum and supports the decision of the
Planning Commission and its record without modification. On July 27, 2000, each appellant
submitted legal arguments, which are attached but too late for response in this memorandum.
Recommendation: It is recommended that the City Council, confirm the decision of the
Planning Commission and deny both appeals based on the record established by the Planning
Commission in making its Highland Courte CUP 00-03 decision, citing the 27 findings and 18
conclusions in this memorandum.
Back2round:
Following three public hearings on April 12, May 10, and May 24, 2000, the Planning
Commission approved a conditional use permit to allow a private chemical dependency treatment
center to be located in a Residential High Density zone at a special meeting conducted on May 31,
2000. The City received two appeals of that decision on June 7 and June 14,2000. One appeal of
the decision was filed by a neighborhood group regarding the review process for approval, and a
second appeal was filed by the applicant regarding two of the conditions of approval.
Per the Washington State Regulatory Reform Act, the Port Angeles Municipal Code provides
for appeal of actions taken by th,e Planning Commission following an open record public hearing,
to be reviewed by the City Council at a closed record hearing. No new testimony will be heard, and
the meeting will not be a public hearing. Only parties to the appeal will be allowed to provide legal
argument to the Council based on the record established during the Planning Commission hearing.
Appeals of this type must be considered within sixty days of the earlier appeal filing date of June 7,
2000, unless the parties agree to an extension.
Because the appeal is a closed record review, the City Council is provided with the following
attachments from the public record file:
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Highland Courte CUP Appeal
August 1,2000
Page 2
Attachment A - Appeal letter from Tim German/Highland Courte LLC dated June 7, 2000, .
and notice of appeal from The Families and Independent Residents of the
Highland Neighborhood dated June 14,2000
Attachment B - CUP 00-03 excerpts of the Planning Commission minutes for April 12,
May 10, May 24, and May 31 meetings
Attachment C - Staff reports for CUP 00-03 dated from April 5 - May 31, 2000
Attachment D - Application materials dated received March 12, 2000, and supplemental
reports dated received through May 2,2000
Attachment E - Public comment letters dated received from April 3 - May 24, 2000
Analysis of Applicant's Appeal Issues:
Highland Courte (referred to as "the applicant") has appealed the imposition of Conditions
Nos. 5 and 10, on the bases that the conditions are not supported by sufficient evidence in the record
and they are discriminatory against persons with disabilities under the provision of the Americans
with Disabilities Act (ADA), the Fair Housing Act, and other applicable authorities. The materials
submitted by applicant with the application and during the review process were used in the first place
to craft the conditions. Except for oral testimony recorded in the Planning Commission minutes and
audio tapes of the Planning Commission meetings, the City did not receive written materials
pertaining to the applicant's appeal concerns with Conditions Nos. 5 and 10.
Appeal Issue No.1 (from the applicant) contends that Conditions Nos. 5 and 10 are not
supported by sufficient evidence in the record. The following written statements by the applicant's .
representatives are part ofthe public record:
1. The application states, "All patients will be screened by admission staff to ensure the health,
safety and welfare of patients and the community."
2. In a report received on May 2, 2000; and entitled "Additional Information Submitted to
Support the Conditional Use Permit for Highland Courte," the following statements are
made:
a) In response to comments by the Port Angeles Police Department, the report offers,
"Research has shown that persons convicted of violent or sexual crimes do not
respond to the type of treatment offered at Highland Courte and will not be admitted.
Also specifically excluded from admission will be those persons ordered to any type
of 'locked down' treatment."
b) The report also states the criteria for admission to Highland Courte will include,
"Applicants with a history of conviction for violent or sex-related felonies will not
be admitted."
c) In the report, the applicant expresses concerns that requiring a Criminal Background
Check would not be conducive to a recovery atmosphere and Highland Courte does
not have the legal right to compel a Criminal Background Check from every patient.
d) Finally, the report states, "Highland Courte staffwill arrange for transportation prior
to any patient departure, either by calling a responsible family member or arranging
transportation to the home, the airport or other destination outside the neighborhood."
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Highland Courte CUP Appeal
August I, 2000
Page 3
Conditions Nos. 5 and 10 resuit~d from tHe~e~statements regarding how the proposed
treatment center would operate. Conditions were modified several times during the review process
and added to by the Planning Commission to address concerns raised by public testimony as well
as by staff for verification and enforcement of conditions (see Appeal Issue No.6). Port Angeles
Municipal Code (P AMC) Section 17.08.020(E) provides the definition of a Conditional Use Permit
as, "a. limited permission to locate a particular use at a particular location, and which limited
permission is required to modifY the controls stipulated by the Zoning regulations in such degree as
to assure that particular use shall not prove detrimental to surrounding properties, shall not be in
conflict with the Comprehensive Plan, and shall not be contrary to public interest." This information
is recorded as Finding No. 22 in the Planning Commission's decision of May 31, 2000. PAMC
Section 17.96.050 states the purpose of a CUP is to "assure that the maximum degree of
compatibility between uses shall be attained" and that a CUP may denied if the proposal would
"defeat the purpose of the Zoning Regulations by introducing incompatible, detrimental or hazardous
conditions." This citation is recorded as Finding No. 23 in the CUP approval decision.
Finally, the specificity of both Conditions Nos. 5 and 10 relates directly to concerns raised
or expressed by the applicant's representatives such as legal rights during patient admissions and
methods of patient departures. The Port Angeles Police Department provided evidence about the
Washington State Patrol's Washington Access To Criminal History (WATCH), which cites the
Washington State Criminal Records Privacy Act RCW 10.97.050 as allowing "dissemination of all
convictions and any arrests less than one year old pending disposition." A WATCH search report
of criminal history record information may be purchased easily for a $10 fee, which the Planning
Commission determined to be legally enforceable and operationally workable. The applicant agreed
to strive to make the conditions work, while reserving thei-ight to seek amendment to conditions
which prove to be legally unenforceable or operationally unworkable. Findings 40-42 state the
Planning Commission's understanding of the applicant's acceptance of conditions in general and
limitation of acceptance with regard to Conditions Nos. 5 and 10.
Appeal Issue No. 2 (from the applicant) contends that Conditions Nos. 5 and 10 are
discriminatory against persons with disabilities under the provision of the Americans with
Disabilities. Act, the Fair Housing Act, and other applicable authorities. The appeal is not
substantiated by the applicant. It is not clear why the applicant considers Conditions Nos. 5 and 10
discriminatory against persons with disabilities and not the other 13 conditions.
Like with Appeal Issue No.1, Conditions Nos. 5 and 10 resulted from these statements
regarding how the proposed treatment center would operate and were modified several times during
the review process and added to by the Planning Commission to address concerns raised by public
testimony as well as by staff for verification and enforcement of conditions (see Appeal Issue No.
6). Port Angeles Municipal Code (P AMC) Section 17.96.050 references the federal Fair Housing
Act and authorizes the Planning Commission "to make accommodations in consideration of
Conditional Use permits for group homes for disabled persons as defined in the federal Fair Housing
Act, when the Commission determines that such accommodations reasonably may be necessary in
order to comply with such act." The Planning Commission did determine that the 15 conditions
were such accommodations that were both reasonable and necessary not only for disabled persons
but also for surrounding properties and uses. As cited for Appeal Issue No.1, the 15 conditions
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Highland Courte CUP Appeal
August l, 2000
Page 4
including Conditions Nos. 5 and 10 assured that the treatment center use shall not prove detrimental
to surrounding properties, shall assure that the maximum degree of compatibility between uses be
attained, and shall not defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental or hazardous conditions.
The Planning Commission specifically acknowledged that the private chemical dependency
treatment center Highland Courte served persons who are a protected class of citizens under the
Americans with Disabilities Act and who have rights for social services which are necessary for their
particular. needs. The Planning Commission also found that the proposed project is eligible for a
CUP in the Residential High Density (RHD) Zone as a "social service agency providing 24-hour
residential care." Conditions Nos. 5 and 10 place admission and departure constraints that do not
discriminate against persons with this particular need for inpatient care. To the contrary, Condition
No. 10 is intended to encourage that patients receive the care for which they are a protected class of
citizens. The admission constraints in Condition No. 5 likewise do not prevent persons in the
protected class from receiving the particular care which they need and which the center is able to
provide. Additional support for Condition No. 10 is the uncontroverted evidence in the record
regarding present parking problems on Melody Circle, particularly on the weekends when patients
may have visitors coming to the treatment center. Condition No. 10 is designed to mitigate these
problems by reducing the potential number of vehicles at the facility. This evidence is recorded in
Findings 6, 9, 13-21,24-33,38-39, and Conclusions A-K in the Planning Commission's decision.
Analysis of Applicant's Appeal Issues:
The Families and Independent Residents of the Highland Neighborhood (referred to as "the
neighborhood group") has appealed on the bases that the applicant and the City have failed to comply
with required procedures for processing the applicant's conditional use permit, that the zoning
regulations in the Port Angeles Municipal Code cannot abrogate the rights of Highland Communities
residents under the restrictive covenants of the Highland Communities Planned Residential
Development (PRD), that the Planning Commission's findings and conclusions are not supported
by the evidence presented at the public hearing, that the conditional use permit, as conditioned by
the Planning Commission, is unenforceable and does not mitigate. impacts on the surrounding
neighborhood with regard to safety of the neighborhood residents. and the diminution of value of the
surrounding property, and that the basis of the Planning Commission's decision was fear of
litigation, not the proper application of the Comprehensive Plan and Zoning Code. The appellant
requests the following relief: 1) an open public hearing on the matter before the Port Angeles City
Council and 2) denial of applicant's conditional use permit.
Appeal Issue No.3 (from the neighborhood group) contends that the applicant and the City
failed to comply with required procedures for processing applicant's conditional use pennit.
Discussion took place at the Planning Commission about whether or not Port Angeles Municipal
Code Chapter 17.19 applied to the Highland Courte CUP. The neighborhood group believes it is
entitiled to a public hearing before the City Council under the Planned Residential Development
(PRD) procedures in PAMC 17.19.050(E).
Property owners Tim German and Rick Anderson received preliminary approval for a
planned residential development known as Highland Communities on May 19, 1992. The first two
phases of the PRD known as Highland Estates were given final approval on December 21, 1993.
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Highland Courte CUP Appeal
August 1, 2000
Page 5
The City required that the first two pli~es includt~rfr~Hiericommon usable open space and other
preliminary PRD improvements be completed in case other phases of the development were not
done. The developers abandoned the three remaining phases of the PRD and received final approval
for a subdivision known as Highland Commons under the Residential High Density (RHD) zoning.
A senior housing dev~lopment known as Highland Commons I was approved earlier, subject to
approvaliiPfthe Highland Commons subdivision. A second senior housing development known as
Highland,Commons II was also built. The Planning Commission approved a conditional use permit
for an assisted living facility now known as Highland Courte within the subdivision and
subsequently amended the CUP approval as an Alzheimers care facility. Except to maintain the
common.usable open space approved under the 1993 Highland Estates Final PRD, the Highland
Commons I and II and the Highland Courte developments did not include any PRD final approval
or requirements. Highland Commons and Highland Courte were subject only to the RHD zoning
and subdivision processes and requirements. Accordingly, none of the four conditional use permit
approvals (the Highland Courte chemical dependency treatment center being the latest) were subject
to the PRD processes and requirements.
For over four years and through several decisions, the Highland Commons Subdivision has
not applied the Highland Estates Final PRD conditions with the notable exception of maintaining
the phasejIl common usable open space which encompasses the entire original PRD site. The
Regulatory Reform Act (HB 1724), which became law after both the Highland Estates Final PRD
and the Highland Commons Subdivision were approved, now limits development decisions such as
a conditional use permit to one public hearing, which in this case was held before the Planning
Commission. The City Council's appeal review must be~one on a closed record basis, and new
evidence and testimony cannot be added to the public record.
Appeal Issue No.4 (from the neighborhood group) contends that the applicant is bound by
the terms of the restrictive covenants for the Highland Communities (Estates Final) PRD. P AMC
17.96.020 is cited as evidence. that zoning regulations cannot abrogate the rights of Highland
Communities residents under the restrictive covenants. The primary issue, other than whether the
covenants apply, concerns the restriction of age 50 and older for people living in the Highland
Communities PRD.
The City reviewed and gave final approval to the Highland Estates PRD (phases I and II of
the Highland Communities preliminary PRD). Private covenants are not enforced by the City,
except to review their appropriateness at the time ofPRD approval. If the neighborhood group's
concerns are enforceable under the restrictive covenants, its argument under PAMC 17.96.020 would ..
demonstrat~ that the CUP approval does nothing to abrogate the covenants and, therefore, is not at
issue in this appeal. Rather, the neighborhood group's recourse would be a lawsuit against the
applicant or the original developer to enforce the restrictive covenants.
Appeal Issue No.5 (from the neighborhood group) contends that the Planning Commission's
findings and conclusions are not supported by the evidence presented at the public hearings. This
issue is similar to Appeal Issue No. I from the applicant. The neighborhood group questions
whether a proposal serving the population living in the entire Port Angeles or Clallam County area
as opposed to the neighborhood meets the intent of the RHD Zone and argues that the facility as
proposed by the applicant is a commercial activity, making it inconsistent and incompatible with a
residential neighborhood.
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Highland Courte CUP Appeal
August 1, 2000
Page 6
In many regards, however, the chemical dependency treatment center is similar as a
commercial activity to the previous nursing home and Alzheimer's care unit. The physical facilities
are practically unchanged. The issue under the Comprehensive Plan and Zoning Code focuses on
whether or not a social service agency providing 24-hour residential care includes all three types of
uses: nursing home, Alzheimer's care unit, and a chemical dependency treatment center. The staff
report recognized the differences between residential services and social services found in the
Comprehensive Plan but determined that the courts have not made a distinction between
residences/group homes and the types of commercial uses such as nursing homes, Alzheimer's care
units, and treatment centers where care is provided in a residential setting. These statements are
clearly identified in the findings and conclusions. Furthermore, the Comprehensive Plan specifically
includes in-patient substance abuse facilities as essential public facilities which 'must be
accommodated within the community. Compared/to other types of commercial uses which are
conditionally permitted in the RHD Zone such as hospitals and motels, it is difficult to conclude that
a chemical dependency treatment center providing 24-hour care in a residential setting is more
commercial, less consistent, and less compatible. Statements in the Comprehensive Plan and Zoning
Code provide the primary evidence supporting the findings and conclusions. It is not material that
a nursing home or Alzheimer's care unit would serve the community better, because the
Comprehensive Plan and Zoning Code do not make such value judgments.
The final issue was whether or not the number of people in Clallam County in need of
chemical dependency treatment is sufficient to show a connection between the proposed use and the
residential community. The finding that there are 3,901 such adults and a condition assuring
affordable local access to private treatment for residents with a City Zip Code support this
connection.
Appeal Issue No.6 (from the neighborhood group) contends that the CUP is unenforceable
and does not mitigate impacts on the surrounding neighborhood with regard to safety of the
neighborhood residents and the diminution of value of the surrounding property. This issue was
reviewed and debated at length in the record at three public hearings.
Examined from the applicant's perspective in response to Appeal Issue No.2, the Planning
Commission's conditions are supported by statements in the record and with limited reservations
accepted by the applicant, making them enforceable. The Planning Commission deliberated at great
length over several meetings and with much concern for the neighborhood's interests in making the
conditions as enforceable as possible. In addition, the CUP enforcement process uses complaints
which may be received from the surrounding neighborhood regarding project impacts. If impacts
are not mitigated and conditions not adhered to, the CUP approval may be withdrawn by the City.
The very definition of a conditional use permit cited in P AMC 17.08.020(C) provides "a limited
permission to locate a particular use at a particular location." The CUP permission is limited by the
conditions, which are intended "to assure that the particular use shall not prove detrimental to
surrounding properties." The applicant has reserved the right to go back to the Planning
Commission should a condition prove to be illegal or otherwise impractical, and the same avenue
is available to the neighborhood group should a condition be found to be unenforceable or otherwise
ineffective in mitigating impacts on the neighborhood. It should be noted that only the applicant and
the City made suggestions on how to make the conditions legal, enforceable, and effective.
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Highland Courte CUP Appeal
August I, 2000
Page 7
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With regard specifically to public safety and.dirrtihution of value, the public record has no
evidence substantiating fears of loss of safety or property value that were not conditioned. For
example, public testimony regarding fear of trespass and crimes by patients leaving the treatment
center were not supported by police records, which identified juvenile runaways as the only police
calls outside similar facilities. The Planning Commission conditioned the Highland Courte approval
on the p(itients being adults and on not admitting youths for treatment.
Appeal Issue No.7 (from the neighborhood group) contends that the Planning Commission
did not properly apply the Comprehensive Plan and Zoning Code but instead based its decision on
fear of litigation and least exposure of the City to a suit for damages. The neighborhood group
believes the City originally permitted the PRD in order to establish a purely residential neighborhood
and the proposed facility would introduce a purely commercial enterprise into a residential
neighbor400d (emphasis partially added). The neighborhood group further states that its opposition
to the proposed CUP is not based on a dislike of disabled persons but on a rational application of the
City zoning policy that would allow residents as approved by the Highland Communities PRD and
covenants rather than transient clientele admitted to the proposed facility.
The staff's response to this issue is addressed also in the response to Appeal Issue No.5. The
City doe~,not have any zones which are "purely residential or purely commercial." To the contrary,
the Land Use Element Goal C and Policy C 1 in the Comprehensive Plan, which are cited in Findings
26 and 27 and Conclusion F, state that residential land should be developed on the district and
neighborhood concept and that a neighborhood should be primarily composed of low, medium, or
high density housing (emphasis added). Residential uses are permitted uses in all commercial zones.
As noted previously, the RHD Zone provides for other conditional uses such as hospitals and motels
which have clientele who are even more transient than the proposed 28-day in-patient treatment
center. The argument that a residential nursing home and an Alzheimer's care unit better serve the
senior citizens who live in the surrounding neighborhood was also noted previously. However,
proper application of the Comprehensive Plan and Zoning Code does not require better uses instead
of other permitted or conditionally permitted uses.
The PRD issue is addressed in response to Appeal Issue No.3. As noted earlier, the
Highland Communities PRD Phases 3-5 were abandoned by the developers with the Preliminary
PRD approval expiring sometime in 1993 or 1994. Nonetheless, the opposition to the proposed use
appears to be based as much on senior versus nonsenior residents as on resident versus transient
clientele. Except for Highland Commons I and II and Highland Estates PRD, the remaining RHD,
RS-7, and RS-9 zoned properties in the vicinity including the Highland Courte property have no
Comprehensive Plan policies or Zoning Code regulations restricting use to seniors only.
Finally, with regard to the assertion that the Planning Commission's decision was based on
fear oflitigation, it is true that the Commission was doing its best to follow the law as it should be
applied in these particular circumstances. It is my professional opinion as the City's Planning
Director that the Commission did correctly apply the Comprehensive Plan and Zoning Code as they
may be interpreted to this conditional use permit approval.
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Highland Courte CUP Appeal
August 1,2000
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Findings:
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1. The public record for the Planning Commission's approval of Conditional Use Permit CUP
00-03 includes CUP 00-03 excerpts of the Planning Commission minutes for April 12, May
10, May 24, and May 31 meetings, staff reports for CUP 00-03 dated from April 5 - May 31,
2000, application materials dated received March 12,2000, and supplemental reports dated
received through May 2, 2000, and public comment letters dated received from April 3 - May
24, 2000.
2. The Planning Commission's decision to approve CUP 00-03 included 15 conditions, 42
findings, and II conclusions and was made on May 31, 2000.
3. The applicant Tim German/HigWand Courte LLC appealed the decision on June 7, 2000.
4. The neighborhood group The Families and Independent Residents of the Highland
Neighborhood appealed the Planning Commission's decision on June 14,2000.
5. The staff report dated August 1,2000, responded to both appeals and seven appeal issues.
6. Per the Washington State Regulatory Reform Act, the Port Angeles Municipal Code provides
for appeal of actions taken by the Planning Commission following an open record public
hearing, to be reviewed by the City Council at a closed record hearing.
.
7. Appeals of this type must be considered within sixty days ofthe earlier appeal filing date of
June 7, 2000, unless the parties agree to an extension.
8. Port Angeles Municipal Code (P AMC) Section I7.08.020(E) provides the definition of a
Conditional Use Permit as, "a limited permission to locate a particular use at a particular
location, and which limited permission is required to modify the controls stipulated by the
Zoning regulations in such degree as to assure that particular use shall not prove detrimental
to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not
be contrary to public interest."
9. P AMC Section 17.96.050 states the purpose of a CUP is to "assure that the maximum degree
of compatibility between uses shall be attained" and that a CUP may denied if the proposal
would "defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental or hazardous conditions."
10. Condition No. 10 is designed to mitigate the uncontroverted evidence in the record regarding
present parking problems on Melody Circle; particularly on the weekends when patients may
have visitors coming to the treatment center, by reducing the potential number of vehicles
at the facility to a number that does not exceed the 26 parking spaces provided.
.
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Highland Courte CUP Appeal
August 1, 2000
Page 9
11. Port Angeles Municipal Code (P AMC) Section 17.96.050 references the federal Fair
Housing Act and authorizes the Planning Commission "to make accommodations in
consideration of Conditional Use permits for group homes for disabled persons as defined
in the federal Fair Housing Act, when the Commission determines that such accommodations
.reasonably may be necessary in order to comply with such act."
12. In the Highland Courte applicatioI'l, it states, "All patients will be screened by 'admission
staff to ensure the health, safety and welfare of patients and the community."
13. In a report by the applicant's consultant received on May 2,2000, and entitled "Additional
Information Submitted to Support the Conditional Use Permit for Highland Courte," the
following statements are made:
a) In response to comments by the Port Angeles Police Department, the report offers,
"Research has shown that persons convicted of violent or sexual crimes do not
respond to the type of treatment offered at Highland Courte and will not be admitted.
Also specifically excluded from admission will be those persons ordered to any type
of 'locked down' treatment."
b) The report also states the criteria for admission to Highland Courte will include,
"Applicants with a history of conviction for violent or sex-related felonies will not
be admitted."
..c) In the report, the applicant expresses concerns that requiring a Criminal Background
Check would not be conducive to a recovery ;1tmosphere and Highland Courte does
not have the legal right to compel a Criminal'l"iackground Check from every patient.
d) Finally, the report states, "Highland Courte staff will arrange for transportation prior
to any patient departure, either by calling a responsible family member or arranging
transportation to the home, the airport or other destination outside the neighborhood."
14. The Planning Commission stated its understanding of the applicant's acceptance of
conditions in general and limitation of acceptance with regard to Conditions Nos. 5 and 10
in its Findings 40-42.
15. Additional support for Condition No. 10 is the uncontroverted evidence in the record
regarding present parking problems on Melody Circle, particularly on the weekends when
patients may have visitors coming to the treatment center. Condition No. 10 is designed to
mitigate these problems by reducing the potential number of vehicles at the facility.
16. The Planning Commission det~rmined that the 15 conditions were reasonable and necessary
accommodations not only for disabled persons but also for surrounding properties and uses
17. The Planning Commission specifically acknowledged that the private chemical dependency
treatment center Highland Courte served persons who are a protected class of citizens under
the Americans with Disabilities Act and who have rights for social services which are
necessary for their particular needs.
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Highland Courte CUP Appeal
August I, 2000
Page 10
18. The Planning Commission also found that the proposed project is eligible for a CUP in the .
Residential High Density (RHD) Zone as a "social service agency providing 24-hour
residential care."
19. Except to maintain the common usable open space approved under the 1993 Highland
Estates Final PRD, the Highland Commons I and II and the Highland Courte developments
did not include any PRD final approval or requirements. HigWand Commons and Highland
Courte were subject only to the RHD zoning and subdivision processes and requirements.
None of the four conditional use permit approvals with the Highland Courte chemical
dependency treatment center being the latest were subject to the PRD processes and
requirements.
20. The City reviewed and gave final approval to the Highland Estates PRD (phases I and II of
the Highland Communities preliminary PRD).
21. Private covenants are not enforced by the City, except to review their appropriateness at the
time of PRD approval.
22. The Planning Commission deliberated at great length over several meetipgs and with much
concern for the neighborhood's interests in making the conditions as enforceable as possible.
23. The applicant and the City made suggestions on how to make tIfe conditions legal,
enforceable, and effective.
.
24. With regard specifically to public safety and diminution of value, the public record has no
evidence substantiating fears of lost of safety or property value that were not conditioned.
For example, public testimony regarding fear of trespass and crimes by patients leaving the
treatment center were not supported by police records, which identified juvenile runaways
as the only police calls outside similar facilities. The Planning Commission conditioned the
Highland Courte approval on the patients being adults and on not admitting youths for
treatment.
25. The City does not have any zones which are "purely residential or purely commercial." To
the contrary, the Land Use Element Goal C and Policy Cl"in the Comprehensive Plan, which
are cited in Findings 26 and 27 and Conclusion F, state that residential land should be
developed on the district and neighborhood concept and that a neighborhood should be
primarily composed oflow, medium, or high density housing (emphasis added). Residential
uses are permitted uses in all commercial zones.
26. The Highland Communities PRD Phases 3-5 were abandoned by the developers with the
Preliminary PRD approval expiring sometime in 1993 or 1994.
27. Except for Highland Commons! and II and Highland Estates PRD, the remaining RHD, RS- .
7, and RS-9 zoned properties in the vicinity including the Highland Courte property have no
Comprehensive Plan policies or Zoning Code regulations restricting use to seniors only.
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Highland Courte CUP Appeal
August I, 2000
Page I 1
Conclusions:
1. The City Council bases its decision on the record of the Planning Commission including the
Commission's 15 conditions, 42 findings, and 11 conclusions, which are hereby adopted and
incorporated herein.
2. Conditions Nos. 5 and 10 resulted from these statements regarding how the proposed
treatment center would operate.
3. Conditions were modified .several times during the review process and added to by the
Planning Commission to address concerns raised by public testimony as well ashy staff for
verification and enforcement of conditions.
4. The. specificity of both Conditions Nos. 5 and 10 relates directly to concerns raised or
expressed by the applicant's representatives such as legal rights during patient admissions
and methods of patient departures. The Port Angeles Police Department provided evidence
about the Washington State Patrol's Washington Access To Criminal History (WATCH),
which cites the Washington State Criminal Records Privacy Act RCW 10.97.050 as allowing
"dissemination of all convictions and any arrests less than one year old pending disposition."
A WATCH search report of criminal history record information may be purchased easily for
a $10 fee, which the Planning Commission determined to be legally enforceable and
operationally workable.
5. The applicant agreed to strive to make the conditions work, while reserving the right to seek
amendment to conditions which. prove to ,he legally unenforceable or operationally
unworkable.
6. The 15 conditions including Conditions Nos. 5 and 10 assure that the treatment center use
shall not prove detrimental to surrounding properties, shall provide the maximum degree of
compatibility between uses, and shall not defeat the purpose of the Zoning Regulations by
introducing incompatible, detrimental or hazardous conditions.
7. Conditions Nos. 5 and 10 place admission and departure constraints that do not discriminate
against persons with this particular need for inpatient care. To the contrary, Condition No.
10. is intended to encourage that patients receive the .care for which they are a protected class
of citizens. The admission constraints in Condition No.5 likewise do not prevent persons
in the protected class from receiving the particular care which they need and which the center
is able to provide.
8. If the Highland Communities PRD's restrictive covenants are enforceable under PAMC
17.96.020, the CUP approval does nothing to abrogate the covenants and, therefore, is not
at issue in this appeal. The neighborhood group's recourse would be a lawsuit against the
applicant or the original developer to enforce the restrictive covenants.
9. The chemical dependency treatment center is similar as a commercial activity to the previous
nursing home and Alzheimer's care unit, and the physical facilities are practically unchanged.
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Highland Courte CUP Appeal
August 1,2000
Page 12
10. A social service agency providing 24-hour residential care includes all three types of uses: .
nursing home, Alzheimer's care unit, and a chemical dependency treatment center.
11. Compared to other types of commercial uses which are conditionally permitted in the RHD
Zone such as hospitals and motels, it is difficult to conclude that a chemical dependency
treatment center providing 24-hour care in a residential setting is more commercial, less
consistent, and less compatible.
12. It is not material that a nursing home or Alzheimer's care unit would serve the community
better, because the Comprehensive Plan and Zoning Code do not make such value
judgments.
13. There are 3,901 people in Clallam County in need of chemical dependency treatment
demonstrating a connection between the proposed use ~d the residential community, and
the condition assuring affordable local access to private treatment for residents with a City
Zip Code also demonstrate this intended connection.
14. The Planning Commission's conditions are supported by statements in the record and with
limited reservations accepted by the applicant, making them enforceable. The CUP
enforcement process uses complaints which may be received from the surrounding
neighborhood regarding project impacts.
15. If impacts are not mitigated and conditions not adhered to, the CUP approval may be
withdrawn by the City. The very definition of a conditional use permit cited in PAMC
17.08.020(C) provides "a limited permission to locate a particular use at a particular
location." The CUP permission is limited by the conditions, which are intended "to assure
that the particular use shall not prove detrimental to surrounding properties."
.
] 6. The applicant has reserved the right to go back to the Planning Commission should a
condition prove to be illegal or otherwise impractical, and the same avenue is available to
the neighborhood group should a condition be found to be unenforceable or otherwise
ineffective in mitigating impacts on the neighborhood.
17. The RHD Zone provides for other conditional uses such as hospitals and motels which have
clientele who are even more transient than the proposed 28-day in-patient treatment center.
The argument that a residential nursing home and an Alzheimer's care unit better serve the
senior citizens who live in the surrounding neighborhood may be granted, but proper
application of the Comprehensive Plan and Zoning Code does not require better uses instead
of other permitted or conditionally permitted uses.
18. With regard to the assertion that the Planning Commission's decision was based on fear of
litigation, the City Council concludes that the Commission was doing its best to follow the
law as it should be applied in these particular circumstances.
.
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Appeal Sublllittals
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JOHNSON MILLER RICHARDSON SHEFLER PLLC
Craig L Miller
Curtis G. Johnson
Nathan G. Richardson. Jr.
Jane Cantor Sheller
Gerard A. Johnson. Retired
June 7, 2000
fiJ II (BID W m fn)1
IJl] J.t4 7 200l ~ 1
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Brad Collins, Director
Port Angeles Planning Department
321 E. 5th Street
Port Angeles, W A 98362
III ufPRT ANGElES
n.IU1nlNG DfPARTMENT
RE: HIGHLAND COURTE, CUP 00-03
Dear Mr. Collins:
In the event that an aggrieved party appeals the May 31, 2000 decision of the Port
Angeles Planning Commission approving the CUP application of Highland Courte, then
the applicant also wishes to file an appeal. Specifically, the applicant appeals the
imposition of conditions Nos. 5 and 10. The appeal of these conditions is on the bases
stated in the materials previously submitted by the applicant. Generally, these conditions
are not supported by sufficient evidence in the record, and they are discriminatory against
persons with disabilities under the provision of the Americans with Disabilities Act, the
Fair Housing Act, and other applicable authorities.
If there is no other appeal of the grant of this application, please disregard this appeal.
The applicant will proceed as previously indicated; striving to make the conditions work,
reserving the right to seek their amendment in the event that they prove legally
unenforceable or operationally unworkable.
If you have any questions, please contact the undersigned.
Very truly yours,
JOHNSON MILLER RICHARDSON SHEFLER PLLC
CLM:vg
cc: Tim German
230 East Fifth Street . Port Angeles. WA 98362
(360) 452-3895 . (360) 457-3379 FAX
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I JUN I 42000 II!!)
PORT ANG~
PLANNING DEPARTMENT
BEFORE THE PORT ANGELES CITY COUNCIL
In re the Application for
Conditional Use Permit of
TIM GERMAN,
NOTICE OF APPEAL
CUP 00-03
1904 MELODY LANE
Applicant.
COMES NOW The Families and Independent Residents (FAIR) of
the Highland neighborhood, by and through their undersigned
attorneys the Law Firm of Platt Irwin Taylor and submit this
Appeal of the Port Angeles Planning commission's Decision to
Approve Applicant's Conditional Use Permit (With Conditions).
I. APPELLANTS
The Appellant, FAIR, is a neighborhood group composed of
people who live in the Highland Commun1ties Planned Residential
Development, the neighborhood adjacent to Highland Communities
Planned Residential Development and other interested persons.
The names and addresses of the people who are FAIR is attached to
this appeal as Exhibit 1.
NOTICE OF APPEAL - 1
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
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II. BASIS FOR APPEAL
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A. The applicant and the City Planning Department have
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failed to 'comply with required procedures for processing
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applicant's Conditional Use Permit (CUP). Spec~fically, PAMC
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17.19.050(E) states:
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Conditional Use Permits shall be required of all
projects which involve or contemplate conditional uses
which may be allowed in the underlying zone(s). No
further conditional use permits, except home
occupations, will be permitted within the Planned
Residential Development unless a formal amendment to
the PRO is approved. [Emphasis added]
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Applicant is required to follow the procedures for amendment of
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the Planned Residential Development. FAIR is entitled to a
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public hearing before the City Council under the procedures
IS
mandated by Chapter 17.19 PAMC.
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B. Highland Communities is a Planned Residential
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Development (PRO) in a High Density Residential (HDR) zone. The
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Highland Communities PRO, as originally granted by the city
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Council, includes the requirement of. restrictive covenants with
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age restrictions for people living in the Highland Communities
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PRO (age 50 and older). Residents in the Highland Communities
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PRO purchased their property with the expectation that they would
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reside in a neighborhood reserved for senior citizens. Applicant
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NOTICE OF APPEAL - 2
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
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is bound by the terms of the restrictive covenants. Further, the
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zoning regulations in the Port Angeles Municipal Code cannot
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abrogate the rig~ts of Highland Communities residents under the
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restrictive covenants. .see PAMC 17.96.020.
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C. The Planning Commission's findings and conclusions are
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not supported by the evidence presented at the public hearings.
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The proposed chemical dependency treatment facility was
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originally developed to be a residential nursing home and later
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an Alzheimer's care unit. Both of these uses better served the
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senior citizens who live in the surrounding neighborhood. The
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facility as proposed by appl~cant is a commercial activity that
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does not support the predominately senior citizen population
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living in the neighborhood. The incompatibility of applicant's
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proposed use must be considered in light of the general area in
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which the facility is located (i.e. Highland Communities and the
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surrounding neighborhood), not the entire Port Angeles or Clallam
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County area. The proposed use is clearly inconsistent and
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incompatible with the neighborhood, and the proposed conditions
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of the CUP do not effectively mitigate impacts on the
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neighborhood.
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D. The Conditional Use Permit, as conditioned by the
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NOTICE OF APPEAL - 3
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
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planning Commission, is unenforceable and does not mitigate
impacts on the surrounding neighborhood with regard to safety of
the neighborhood residents and the diminution of value of the
surrounding property.
E. The basis of the Planning Commission's decision was
fear of litigation, not the proper application of the
Comprehensive Plan and Zoning Code. The Planning Commission had
three choices on how to decide the CUP Application; grant it as
is, deny it, or grant it'with conditions. Based on advice of the
city Attorney, the Planning Commission granted the CUP with
conditions because they believed their decision was the least
likely to expose the ,City to a suit for damages.
The City originally permitted the PRD in order to
establish a purely residential neighborhood. The transient
clientele admitted to the proposed facility would not be
residents of the neighborhood under the Highland Communities PRD
and covenants. Further, the proposed facility would introduce a
purely commercial enterprise into a residential neighborhood.
FAIR's opposition to the CUP is not based on a dislike of
disabled persons. The previous use of the facility as a nursing
home/congregate care facility was welcomed by the neighborhood
NOTICE OF APPEAL - 4
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
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because it was a residential use which served the needs of
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residents in the neighborhood. FAIR is asking only for a
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rational application of City zoning policy under the requirements
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of the Highland Communities PRD and covenants.
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III. REQUEST FOR RELIEF
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Appellant requests the following relief:
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1. _ An open public hearing on the matter before the Port
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Angeles city Council.
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2. Denial of applicant's Conditional Use Permit.
II
Respectfully submitted this 1~1k day of June, 2000.
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The Law Firm of
Platt Irwin Taylor
~~ ~ (j, iJ ev.--
Da id H. Neu ert, WSBA #16823
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S pberr C. Mo iarty, WSBA #18810
Attorneys for Families and
,Independent Residents (FAIR)
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NOTICE OF APPEAL - 5
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
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FAMILIES AND INDEPENDENT RESIDENTS
OF HIGHLAND NEIGHBORHOOD
(FAIR)
Katherine Allen 721 Elizabeth Place 452-8057
Joseph & Margaret 726 So. Currier 457-6485
Anderson Court
Garvey Blanc 810 So. Golf Course 417-0908
Road
Olive & Norm Brooks 723 Elizabeth Place 452-7252
Katherine Burgess 1810 Nancy Lane 452-6778
Allan & Caroline 1813 E. Lauridsen unlisted
Collins Blvd.
Janet Drysdale P.O. Box 3174 457-2855
Don & Becky Dundon 701 Currier Court 452-4962
Dave Flodstrom 2816 South Laurel 452-9964
Street
Barbara Gase 1723 East Lambert 452-2014
Avenue
James & Julie 705 Christman Place 452-3540
Haguewood
Alan Harrison 1834 East 5th Street 417-2078
Michael Kisman 1703 Melody Circle 417-9518
#306
Harvey Knettle 1803 E. Lauridsen 452-3647
Blvd.
Carl Larson 1816 Nancy Lane 452-9598
Virginia McFrederick 1711 Lambert Lane 452-1711
C.A. Metcalf 1816 Nancy Lane 452-9598
EXHIBIT 1
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Gene & Beryle 711 Elizabeth Place 457-4387
Middleton
Ken & Beverly Miller 1813 East 4th Street 452-3572
Marcella Miller 719 Currier Court 457-2802
Mary otto 1755 East 6th Street 457-7940
Chuck Paulson 1845 E. Lauridsen 452-7701
Blvd.
Gerald Powell 718 Elizabeth Place 452-9452
Carroll & Elnor Reid 1707 Lambert Lane 417-8836
Barbara Thompson 1833 E. Lauridsen 452-3067
Blvd.
Edward & Genevieve 724 Christman Place 452-3187
victor
James & Patricia 1815 East 3rd Street 452-5888
Walker
Art & Heather Wilmot 1840 E. Lauridsen 417-1814
Blvd.
*All addresses are in Port Angeles, WA 98362
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ATTACHMENT B
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Planning Commission Meeting - April 12. 2000
Page 7
The commissioners returned to the meeting room at 7:40 p.m. without Commissioners
Hewins and Philpott who left the meeting due to their previous disclosures regarding
appearance of fairness. Vice Chair Nutter assumed the chair, reopened the meeting thanking
those present for their attendance, and established a few ground rules for the conduct of the
public hearing.
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN. 1702 Melody
Circle: A proposal to establish a substance abuse treatment facility in an
existing structure located within the RHD, Residential High Medium Density
zone.
Senior Planner David Sawyer reviewed the Planning Department's staff report
recommending denial of the conditional use permit. Vice Chair Nutter noted a letter from
Lansdon Kimbrough on behalf of the applicant which would become part of the record and
opened the public hearing. Planning Director Collins indicated staff is requesting a
continuation of any decision on the application.
Craig Miller, 230 East Fifth Street, represented the applicant. He noted that the applicant
at this point is Highland Courte LLC, not Mr. Tim German. The liability company was
formed after submittal of the application. Mr. German is a principal in the facility. The
applicant is requesting a two week extension of the issue to address concerns noted by the
Police Department. The applicants were surprised at the concerns as they did not believe
them to be correct. Since reading the Police Department's memorandum, a detailed analysis
of the concerns has been ordered. He anticipated having. a fair amount of information to be
available to the Commissioners within the next week or so to allow for review and
confirmation of information in the report prior to a decision on the matter.
Vice Chair Nutter asked staff if the April 26 agenda is full. Planning Director Collins
confirmed that it would be best to continue the item to May 10 to allow staff time to analyze
new information if the Commission decides to continue the matter.
Chuck Mullin, 2079 Churchill Avenue SE, Salem, Oregon, Vice President of Northwest
Care Management, the management company that managed Highland Courte as an
Alzheimer's facility will manage Highland Courte as a chemical treatment facility. He will
be one of the owners of the new business. His background is some 25 years in health care
administration with over 10 of those years associated with chemical treatment facilities. The
proposal is for a residential chemical treatment facility with no detox activities. The typical
resident is employed with a primary diagnosis of alcohol dependency and is from the
community. It is not intended to serve people who are forced on them by a court order, but
someone who makes the choice to seek the service of their own accord and who is from the
community.
, I
Mr. Mullin noted that he managed Rogue Valley Serenity Lane, a 36 bed chemical
dependency facility in Medford, Oregon, for 10 years. The facility is located in a residential
neighborhood. There was never a problem with the neighborhood that he was made aware
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Planning Commission Meeting - April 12. 2000
Page 8
of. There were no negative outcomes because the service helps the entire community and
is a positive thing. The service is upscale and patients are members who are recognized as
members of the community with the ability to pay for the service. Patients are for the most
part very humble and are seeking a new life free from alcohol dependency. The facility will
be very secure, one of the most secure in the area. If a person wishes to leave the facility,
that person will be picked up by a family member or delivered to their physician. Patients -
will never be' discharged at the front door. Patients will not be admitted unless they agree
to that stipulation. The traffic will not be significantly different than from the Alzheimer's
facility. Payroll will be about the same - 30 to 33 employees. Visitors will be welcome only
on weekends, not during the week. Three meetings were held with neighborhood groups in
an effort to explain the type of facility that is planned and the type of operation that can be
expected.
Robert C Martin, 1610 North First Street, Yakima, Washington, 98901, is an owner in the
limited partnership that has been formed to run the proposed facility. He will be Executive
Director and will be moving to Port Angeles to manage the facility. In his 23 years of
working in intensive chemical dependency inpatient service he has never had a negative
experience from neighbors. There may be some problems within the facility as people on
treatment become a bit short with each other. Those problems will not be allowed to extend
outside the facility. The facility is always open to the neighbors and neighbors are always
asked to report any concerns they have so they can be immediately dealt with. The facility
will be safe enough for children to live near without any fear. Patients are private pay as they
can either afford to pay for the service by their own means or insurance. He will be moving
to Port Angeles to manage the facility.
Rick Anderson, 618 South Peabody Street, Port Angeles, is a principal of the project. He
has lived in the Port Angeles area for the past 21 years and assured those present that the
health and welfare of the community and its residents is foremost in his mind. In addressing
, the concerns regarding a negative affect on property values as a result of the facility, he
stated that he has a vested interest in home sites in the Highland Communities development
directly to the north of the site as well as in the over 100 units of senior apartments located
directly east of the site. A decrease in property values would therefore have a drastic effect
on those interests. He would not allow that to occur. Land values are determined by the
health of the local economy. He did not observe a negative impact to the neighborhood in
the area of Grant Avenue (port Angeles) when The Lodge, a chemical dependency facility,
operated in that location in the early 90's.
He visited a similar facility in Monroe, Washington, and did not observe any negative effects
on the surrounding residential neighborhood as a result of the operation. He stated that from
personal experience he believes such a facility is a tremendous asset to a community because
of the ability for people to put their lives back together and contribute in a positive manner
to society in general.
Thirty (30) full time staff will be employed at Highland Courte with a payroll of around
$900,000 which could result in a payback to the community of $2.7 million dollars added
to the local economy.
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Planning Commission Meeting - April J 2. 2000
Page 9
In response to Commissioner Craver, Mr. Anderson stated that his role in the facility would
be oversight as an owner but he would not be involved in the day to day operation.
Deanna Martin, 1610 North First Street, Yakima, Washington, is a counselor for
chemically dependent persons. As wife of the Executive Director, Robert Martin, she will
be involved as a counselor in the Highland Courte facility. She has never been physically
hanned as a counselor even though her profession requires her to be blunt with patients who
are in denial. She is looking forward to becoming a member of the Port Angeles community
and to contribute to the health and well being of the area as a whole by helping to heal those
who are sick from alcoholism.
Landon Kimbrough, Lanstat Incorporated, 270 Beckett Point Road, Port Townsend,
Washington, is a principal in a consultant firm specializing in licensure and accredidation,
clinic supervision, training, and outcome studies for chemical dependency treatment agencies
. mostly in the State of Washington. They currently provide technical assistance for 200 of
the 500 state agencies and 8 of the 14 agencies in Clallam County. He was hired by
Northwest Care Management to help them with a feasibility study, hiring an executive
director and the application process with the Department of Health and the Department of
Alcohol and Substance Abuse. As the former director of the alcohol and drug recovery
center at Valley General Hospital, Monroe~.Washington, he was responsible for a residential
treatment center located in a residential single family neighborhood bordering on hospital
property. No concerns were raised over that facility by the neighborhood. In responding to
the Port Angeles Police Department's memorandum regarding negative impacts that could
be anticipated from the proposal use, he spoke with the law enforcement agencies involved
in background investigation for the memorandum. The assumption that Highland Courte
will be doing mental health treatment is in error. Coexisting disorder patients will not be
treated at this facility.
In response to Commissioner Norton, Craig Miller responded that approximately 80
residents who attended the three meetings that were conducted in the Melody Lane
neighborhood to orient and address the neighborhood concerns.
In response to Commissioner Craver as to whether the facility will be considered a hospital,
Mr. Miller stated that Planning Department staff has suggested the use should not be
classified as a hospital but as a social service agency with 24 hour residential care. Although
he would not disagree, he more precisely classified the use as a residential inpatient treatment
facility for chemical dependency where patients will remain for 28 days.
Lar'Y, Leonard, 1030 Olympus, Port Angeles, understood the difficulty of the Planning
Commission's decision having previously served on the Planning Commission for five years.
He lives across the street from where The Lodge was operated which was a smaller chemical
dependency treatment facility operated in the city in the early 1990's. No negative impacts
were observed during the life of that operation by the neighborhood. He would not hesitate
to approve such a use in a residential neighborhood given the proposed management and
operation. He counseled the Commission not to be swayed by just numbers, but to fully
consider the health of the entire community and what the City's Comprehensive Plan and
Zoning Ordinance have identified as uses in specific areas. The use will provide 30 needed
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Planning Commission Meeting - April 12. 2000
Page 10
jobs which will aid in the economic stability of the entire Port Angeles community.
Marianne Whalen, 201 West First Street, is a social worker for the State of Washington
Division of Children and Family Services and is also a chemical dependency counselor; She
was not representing the agencies she works for but testified as a citizen and a representative
of people from the community who need chemical dependency treatment. She is the former
treatment director of The Lodge, a chemical dependency treatment center that operated in
the late 1980's on Grant Avenue, Port Angeles, in a residential neighborhood. She confirmed
that the police were never called to the facility for assistance. Having worked primarily in
residential chemical dependency treatment centers for the past 18 years. She stated. that
most facilities are located in residential neighborhoods. She was associated with the
Lakeside Milam facility located on 132nd Street in Kirkland, across the street from a school
surrounded by a residential area. There were never problems with the location of the facility.
She supported the proposal and noted that patients would be self insured or privately funded.
The typical patients that enter such upscale facilities are doctors, lawyers, engineers, school
teachers, mainly professionals who need to straighten their lives out to continue in their
professions. As a member of the Governor's Council on Substance Abuse, she is aware of
the need for treatment in this area.
Florence Bucierka, 211 Windmill Lane, Sequim, Washington, spoke in support of the
proposal as an administrator in health and social services for over 20 years. Chemical
dependency is real. It is estimated that one in ten individuals nationally will have problems
with substance abuse sometime in their lives. There are indications that the ratio is higher
in Clallam County. Individuals affected by the disease come from all walks of life, most are
employed. She believes that every one in the audience has had a family member, a neighbor,
or a coworker whose life has been affected by chemical dependency which is a disease that
can be treated. There are a number of out-patient facilities in the community, this is a needed
opportunity to have an in-patient facility. Currently Clallam County individuals who need
chemical dependency in-patient treatment must travel to Seattle, the Tacoma area, sometimes
as far as Spokane. She encouraged the Planning Commissioners to put aside the myths that
sometimes surround substance abuse and its treatment and assess the needs of the
community.
Jim Stagg, 1401 West Fifth Street, is a chemical dependency treatment provider in Port
Angeles. He served as. director of a family program in treatment of the disease in Walla
Walla for five and one-half years located in a residential area. The clients were physicians,
attorneys, wheat fanners, and other professional, and are very well behaved. When family
members can be close enough to join in the treatment, the chance of success is greatly
heightened. This is a 12 step model. The local Alcoholics Anonymous community will be
greatly strengthened by such a local facility.
The Commission took a break at 8:50 p.m. The meeting reconvened at 8:55 p.m. Vice Chair
Nutter noted that a late letter had been received from Gary and Shirle Lappier, 924 Golf
Course Road in opposition to the proposal. To balance out the testimony at least time wise,
Vice Chair Nutter called for testimony from opponents ofthe proposal.
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Planning Commission Meeting - April 12. 2000
Page 11
Dave Nupert, 403 South Peabody, represented a property owner in tile neighborhood.
Although the applicant now says that the facility will not be providing mental health triage
services, that door is open for the applicant to accept persons who have been court ordered
into treatment. Once the door is open, it swings wide enough to increase the number of
persons at a facility pursuant to a court order. The population of people going from jail into
a treatment facility will increase the risk of escape and crime both in the immediate
neighborhood and in the larger community. It will increase the level of tension in the
neighborhood. He did not believe there is a use that is more incompatible with the existing
neighborhood. The concerns expressed in the many letters are regarding property values,
crime, traffic, and overall general quality of life in the neighborhood. The use simply doesn't
belong. He urged the Commission to deny the proposal. .
. Janet Drysdale, 236158 Highway 101, Port Angeles, is a personal representative for the
estate of Daisy McInerney, 722 Elizabeth Place. She spent several years working in
Richmond, Virginia, for a physician who specialized in alcohol and drug treatment. She is
a past president and board member of Healthy Families ofClallam County and has spent a
good deal of her working life and volunteer time supporting programs that help people with
addictions. She does not support this program in this neighborhood. It is an inappropriate
placement due to the senior environment that has been fostered in the neighborhood. The
Alzheimer's building is a wonderful building and the facility probably would have been
successful if the management was willing to take a few Medicade clients. She referred
several Medicade clients to the Alzheimer's facility who were refused treatment. The owners
have not explored this far enough to find a use that is compatible with the senior environment
that they have developed. She is concerned that crime will increase in the area due to such
a use and there will be an increase in vagrancy by visitors to the facility. She encouraged the
applicant to seek a more appropriate location and consider accepting local residents who
cannot afford private pay services.
Jerry Miller, 1703 Melody Circle, is a resident of Highland Commons II senior apartments.
He is very frightened that the minor security in place at the two senior apartments adjacent
to the proposed building is not satisfactory to provide a needed level of comfort for residents
of those apartments.
Roy Vami, 1814 Lauridsen Boulevard, expressed strong concern that the proposed facility
would soon and most assuredly later become ajail. He urged the Commission to consider
the City Police Department's recommendation for caution~ The neighbors oftms area stand
to lose the most - their peace and quiet, tranquility, and most important their security. He
stated that in meetings with the proponents, they were informed that patients would also be
from other areas within the state and from other states. The Alzheimer's center failed to turn
a profit for its owners. Where profit is a motive, good intentions go out the window.
Arthur Wilmot, 1840 Lauridsen Boulevard, is a retired clergyman with past experience
working with the Narcotic Addiction Foundation of British Columbia, London, Ontario, and
with the London, Ontario Police Department. He has some background in this area. This
is not a question of need, the need is obvious. It is a question as to the appropriateness of the
location. This is the sole issue. Atypical patients must be planned for in these facilities.
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Planning Commission Meeting - April J 2. 2000
Page 12
The entire area is by and large retired and has been developed deliberately as a senior
community which is very vu1D.erable to the atypical patient who is determined to leave the
facility.
Allan Harrison, 1834 East Fifth Street, noted that all of those persons testifying in favor
of the proposal either have a financial interest in the facility or have some sImilar type of
employment interest in this type of care. Those against have no economic interests aside
from property values and security. He does not agree with the economic argument for the
proposal. The proposal states that the facility will be a source of treatment for clients
referred through the legal system. He does not believe that people will become patients of
their own accord and willing and calmly remain for treatment. This is not an area for this
type of facility.
David Flodstrom, 2816 South Laurel, represented his mother-in-law, Mrs. Anderson, who
lives in Highland Estates. He appreciated the research that the Planning and Police
Department staff did for this application and thanked staff for their recommendation noting
that it is not easy as a public official to oppose something that may have positive benefits for
the community. There a lot of reasons to have a drug and alcohol treatment facility in Port
Angeles. Many reasons are well founded. We would be benefitted as a community to have
a drug and alcohol treatment facility; however, that's not the issue before the Planning
Commission. It is not an issue of job creation or an issue of the benefits of people who
receive treatment or how well Northwest Care can operate such a facility. The issue before
the Planning Commission is the issue of compatible use. It is the question of compliance
with the master plan under which the Highlands Estates and Highlands Commons
developments were established. It is the commitment to those who bought properties in the
area that they were buying homes in an adult retirement community and that such a
community could include multi family housing, low and moderate income seniors, or an
elderly congregate care facility. The Alzheimer's facility met those criteria: the proposed
drug and alcohol treatment facility does not. Highlands Estates, Highland Courte and
Highland Commons are a unique neighborhood in the community that has come about
because a land owner and a developer saw the need for an adult retirement community. The
conditions, covenants, and restrictions (CCR's) of the properties in the area indicate that this
is an adult retirement community. That was the expect~tion of Mr. and Mrs. Anderson and
other property owners in the area. The CCR's were signed with the agreement that owners,
re~ters, or lessors would be at least 50 years of age. They did that with the understanding
that it was also the developer's intent to maintain the neighborhood as an adult retirement
community.
Lucienne Kirk, 1703 Melody Circle, is in her 80's and expressed strong concern that the
anxiety level of residents will greatly increase if the proposed facility is approved. She lives
on the ground floor of the Highland Commons apartment and told ofa situation where an
alcohol dependent person came banging on her window at night. She asked that the
Commission understand that residents of the apartments are deaf, blind, and aged.
Heather Wilmot, 1840 E. Lauridsen Boulevard, has worked as a nurse in a hospital based
chemical dependency program. She is not opposed to chemical dependency treatment, it is
necessary. She is opposed to mixing two very different populations as is proposed. A key
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Planning Commission Meeting - April 12. 2000
Page 13
element to changing a lifestyle and recovery is exercise. Hospital based clients work up to
a four mile walk a day. There is not sufficient room at Highland Courte for this type of
exercise. Clients will be a real presence in the neighborhood. They will be allowed outside
of the facility with a staff member. As a certified mental health nurse, she believes the
proponents would not knowingly admit a mental health patient with a drug problem, but it
happens. Chemical dependency problems cross over lines. There are mental health.issues
that cannot be detected until a program has been started. She was opposed to the proposal.
John Rushby, 1745 East Fifth Street, is opposed to the location, not the facility. He is a
physical therapist who has worked with chemical dependency in California. This type of
facility is not controlled by the same regulations that an acute hospital is controlled by. He
believes the proponents have good intentions but he agreed with the previous speaker in that
it is not entirely controllable as far as dealing with mental health patients. Once a facility
gains entrance into an area, they can make all kinds of promises, but once approved, it will
be very difficult to remove it. He encouraged the Commission to give careful consideration
to that eventuality.
Carroll Reed, 1707 Lambert Lane, opposed the proposal. The streets leading to the facility
are private and dead end. Visitors will park in residential areas disturbing the peace and
quiet of the area that was promised. Property values may significantly drop.
Floyd Taggert, 1830 Melody Lane, agreed with the previous speaker and added that White's
Creek is adjacent to the proposed site and is densely covered with trees and vegetation. It
would make a perfect hiding place in the event someone wanted to leave the facility. The
site contains only 17 parking spaces which is not nearly enough for 30 staff and intended
visitors. He was concerned that visitors would bring drugs to the patients. The neighborhood
is retirement oriented and everyone looks out for each other knowing that. He has returned
residents to their residences when they have walked too far for comfort. He is very opposed
to the proposal.
Shirle Lappier, 924 Golf Course Road, is very opposed to the application. The proponents
spoke only about the alcoholism treatment. She is more concerned about the drugs. If
prisoners injails can get drugs injail, it should be easy for patients to obtain same on visiting
days. She is concerned for seniors living in the abutting apartments.
Mary Lou Paulson, 1845 East Lauridsen Boulevard, lives near the previous Alzheimer's
facility. She agreed with previous speakers regarding the insecurity that the proposal is
imposing on the area. Highland Courte is connected to Highland Estates by a trail system
intended to be used for recreation by residents. It was pointed out that the woods to the west
of the proposed facilitywould offer a perfect avenue to the college facility. There is a day
care on Christman Place. She suggested that if the Commissioners visit the site they will
understand that this is not the place for such a facility. .
Neale Frothi~gham, 1845 East Lauridsen Boulevard, is Executive Director of the nonprofit
Hearthstone Group that owns Highland Commons I and II. The Alzheimer's facility was a
good neighbor. Although theyknow and trust the proponents of this application and take
them at their word, the perception of the proposed facility could cause the apartments to
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Planning Commission Meeting - April 12. 2000
Page 14
empty out and put them in a very difficult position which is to serve elderly, low income
people with housing. If the proposal does not go through, the Alzheimer's building may be
empty for a long, long time. He was concerned that an empty building would be a threat to
the apartment units. An empty building encourages vandalism.
Florence Bucierka, 211 Windmill Lane, Sequim, Washington, 98382, asked if testimony
would be taken at the May 10th meeting. Vice Chair Nutter said that she assumed the issue
would be continued and that further testimony would be taken at that time.
Vice Chair Nutter asked for additional speakers. There being none, Commissioner Norton
moved to continue the public hearing to the May 10, 2000, regular meeting of the
Planning Commission at 7 p.m. Commissioner King seconded the motion which passed
5 - o. Vice Chair Nutter welcomed those present to attend the May 10th meeting.
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Planning Commission Minutes
May 10, 2000
CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (JIighland LLC). 1702 Melody
Circle: A proposal to establish a substance abuse treatment facility in an existing structure
located within the RHD, Residential High Density zone.
Vice Chair Nutter opened the continued public hearing by encouraging all those present to sign in so
they can be recognized. She stated that persons who intend to provide testimony must sign in and
acknowledge that their testimony is truthful to the best of their knowledge.
Planning Director Collins noted that copies of the staffreports as well as past minutes were available
for the audience on the dais. Due to public concern raised over a recent article published in the
Peninsula Daily News regarding Planning staffs recommendation, it is important to note that City
stafIhave not recommended approval of Highland Courte CUP 00-03. The staff continues to have
reservations about the proposed site. The conditions contained in the May 10 staff report were
intended to identify mitigation measures which would address concerns and objections raised in earlier
staff reports and public testimony. Ten conditions were developed using statements and information
provided by the applicant in an attempt to address issues subject to the conditional use permit process.
The Planning Commission must determine if these and/or other conditions could make the proposed
center compatible with the residential zone in which it is proposed. Staffhas not determined if these
or other conditions developed to mitigate specific concerns raised in the public record can be enforced.
Discussions with the applicant have not concluded, and staff is recommending that following the close
of the public hearing the Planning Commission continue its deliberation to the regular May 24, 2000,
meeting. Staff will provide a report on the legal enforcement of conditions proposed to ensure
compatibility with the senior development at the May 24 meeting.
Mr. Collins reviewed a (second) staffreport prepared following the April 26, 2000, public hearing.
An attachment to the report contains an analysis of five comparable facilities and their impacts on
surrounding areas prepared on behalf of the applicants by Landon Kimbrough.
Mr. Collins responded to specific questions by commissioners with regard to definitions and
intentions contained in staff s report.
Commissioner Schramm expressed concern that nearly all of the letters written in protest of the
proposed action were written from an emotional level rather than from factual evidence. He asked if
staff provides counsel for persons who wish to voice concerns with regard to specific projects. Mr.
Collins answered that staff tries to provide general direction to persons who wish to respond to
particular applications or processes. It is not staff s expectation that a citizen who wishes to testify
will necessarily provide expert testimony. People are not discouraged from testifying although it is
staffs expectation that applicants will need to provide a certain amount of expert evidence in order
to make their case. There is not a set of guidelines as to what type of evidence is valid and which is
not. Commissioner Schramm asked that staff develop such guidelines to direct those who wish to
comment as to what type of information can be used to formulate decisions.
Vice Chair Nutter noted the ground rules by which the meeting would be conducted and opened the
continued public hearing.
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PID1",ing Commission Mimdes
May ]0.2000
Page"
Bob McCartney, 1749 East Sixth Street, read a letter into the record identifying his doubts that
patients at the proposed Highland Courte facility would be only residents of the Port Angeles
community. He believed that patients would seek the services of the facility from many other areas
including out of state locations. He agreed with other speakers at the previous meeting who asked that
the permit be denied due to the inappropriateness of such a use in a retirement community.
Don Dundon, 701 Currier Court, agreed with comments made by David Flodstrom at the April 26,
2000, meeting, where he stated that tl?-e conditions, covenants and restrictions (CCR's) of this
retirement community must be observed by residents and developers. Proposed Condition No.4 of
the conditional use permit approval poses a great concern to residents as the applicant has answered
that "to require a criminal background check would not be conducive to a recovery atmosphere, and
Highland Courte does not have the legal right to compel a criminal background check from every
applicant." This is not acceptable given the number of elderly and/or physically disabled residents
to the proposed facility. There are other potential uses for the building that would complement the
neighborhood. The proposed use does not.
Florence Humpal, 1702 Melody Circle #202, does not believe such a facility belongs in an elderly,
disabled, retirement community developed for a senior population. She expressed concern about the
potential of excess traffic in that a parking problem currently exists in the Highland Commons I
apartment area that is adjacent to the proposed site. The use does not belong in this type of residential
area.
Gene Middleton, 711 Elizabeth Place, represented a neighbor, Roy Varni, 1814 East Lauridsen
Boulevard, who was unable to attend the meeting. Mr. Middleton read a letter from Mr. Varni which
was in addition to the letter received from Mr. Varni and contained in staff's report. Mr. Varni noted
that the applicants are apparently so certain that the conditions of approval can be complied with that
they are already moving into the facility. The proposed facility is in violation of City ordinances
regarding uses in residential districts. Promises are not always kept when profit is involved. There
are no provisions for policing the conditions of approval. Applicants told residents in neighborhood
meetings that patients would be brought from as far away as Alaska. There are nine facilities within
one hundred miles of Port Angeles that currently offer inpatient care for chemical dependency. There
is no pressing need in this community for such a service. There is a greater need in Alaska as there
is only one such facility in the entire state.
Beryl Middleton, 711 Elizabeth Place is not opposed to treatment facilities of this nature, they are a
very needed service. She is concerned that the applicants are proposing this type of facility in a very
vulnerable senior retirement community where the sense of tranquility and security for the senior
population will be lost.
Chuck Paulson, 1845 Lauridsen Boulevard urged the Commission to pay particular attention to the
Police Department report. Visitors to the facility cannot be controlled when they are not within the
facility and may be of the same persuasion as those seeking treatment in the facility. Such a use
leaves the entire senior retirement community in a very vulnerable position.
Perry Jenna, 1703 Melody Circle agreed with the previous speakers and was concerned with the
potential for violent and sexual crimes as a result of the introduction of this type of use in a senior
community. Many residents ofthe neighborhood are old and frail and live in fear of the possibility
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PltzMing Commission Minutes
May 10.2000
PlJge 5
of this facility in their neighborhood.
Jennifer Kim, 11 One Horse Lane, spoke for her parents who reside at 1845 East Lauridsen
Boulevard. Her famIly is concerned that adults who seek treatment may not act like adults when
under the influence of chemical dependency and hann may come to residents of the neighborhood as
a result of the use in this location. She echoed all of the concerns of the residents voiced thus far in
opposition to the proposal.
Craig Miller, 230 East Fifth Street, introduced Landon Kimbrough, 270 Beckett Point Road, Port
Townsend, WA 98368, who commented on some of the testimony presented. He stated that the
statistical figure of390l persons in Clallam County who may be suffering from chemical abuse is
from information provided by the Division of Alcohol and Substance Abuse (ASA). The report is a
biannual report prepared for the State of Washington. Ten to fifteen percent of the 3901 persons
addicted to some form of chemical abuse are expected to enter inpatient treatment facilities. He
explained the process used in providing the survey provided to the Commission. Not all inpatient
facilities operate the same so it is difficult to find good comparables. He identified four such facilities
that were similar to Highland Courte that were used in the survey.
Mr. Kimbrough responded to Commissioner Craver that the closest inpatient treatment center that he
is aware of is in Olana, Washington, in Kitsap County.
Mr. Kimbrough responded to several questions from Commissioner Nutter regarding inpatient and
outpatient services in Clallam County serving chemically dependent persons. He responded as to the
level of training for staff and that the facility would be licensed by the State of Washington as a health
care professional facility. Professional counselors require 2500 hours of experience, 45 to 90 hours
of schooling, and pass a test. Nine different chemical groups are termed as mood altering. All mood
altering drug dependent persons will be treated at the facility. Patients will be evaluated each week
to assess their ability to function as outpatients ready for discharge. Opoid patients do not do well in
this type of treatment facility and are screened out prior to admission. Patients are asked whether they
are opoid dependent but the center has no legal basis for doing background research on patients.
Clinical data is often available to indicate what a patient is addicted to prior to admission. There are
no other outpatient treatment centers being operated by Northwest Care Services, the proposed
operator of the facility, in the State of Washington.
In response to Commissioner Norton, Mr. Kimbrough stated that there are no patients being treated
at the facility at present. The facility has not received licensing. Mr. Bob Martin has an office at the
facility in order to have a local office from which to operate. The building is otherwise empty.
Commissioner Schramm asked how the facility would serve the direct neighborhood? Mr. Kimbrough
answered that the facility is intended to treat the needs of the entire community. In order to be
effective, treatment needs to be done locally so that families can participate in recovery. Mr.
Schramm stated that the applicants have identified patients to the facility as local professionals and
community leaders. It would seem that local professionals might prefer to be treated outside of their
local community for anonymity reasons.
The Commission took a break at 8:20 p.m. The meeting reconvened at 8:30 p.m.
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PUmning Commission Minutes
May 10. 2000
Page 6
Bob Martin, P.O. Box 1934, Port Angeles, WA stated that the chemical dependency treatment center
services will not include detoxification and admission must be voluntary. The center will provide
services for adult, 18 and older, patient, and will not provide service to patients who have been
convicted of violent and sexual crimes. The length of stay is 21 to 28 days and cost $140 a day.
Visitors will only be allowed on weekends and will be screened to allow only those visitors who are
supportive of the treatment. From his experience, at the end of one year, the Highland Communities
neighborhood will realize that the Highland Courte treatment facility has been a very good neighbor.
An advisory committee is planned of approximately twelve members made up of direct neighbors and
community members. Conditions of approval for the facility are welcome to ensure the facility is
meeting the expectations of the neighborhood to address specific issues of concern.
Commissioner Craver stated that the biggest fear expressed by the neighbors is of patients with a
history of violent crimes and aberrant behavior. Without the ability for criminal background checks,
how can neighbors be assured that this type of patient will enter the facility? Mr. Martin answered that
by and large interviews with family members, friends, and employers reveal background problems
of concern.
In response to Commissioner Schramm, Mr. Martin answered that of the potential 3901 Clallam
County residents who may need this type of facility, approximately- 50% can afford the treatment.
Residents will be private payor insurance pay patients. In response to Mr. Schramm's inquiry as to
how the proposed facility will serve the immediate area, Mr. Martin answered that the neighborhood
won't know they are there. There will be no adverse effects and will provide a sorely needed service.
The center will be licensed by the state as a for profit health care facility. Staffwill remain constant
in trying to be resourceful in keeping the cost level as low as possible. Family members will not be
spending the night at the facility but will seek lodging elsewhere in town for the family weekend
counseling service once during the treatment.
Mr. Martin described measures proposed with regard to on-site security as touch pad entryways with
alarm systems at the perimeter of the area. Staff will be on-site 24 hours a day and cameras will be
installed within the facility., In response to Commissioner Nutter, he could not say why the previous
Alzheimer's facility failed but a high caliber chemical treatment facility nationwide will remain full
if its operational standards and services are reputable and affordable.
Tim German, 2025 West 12'h Street, is a principle in the Highland Courte project. His mother lives
in the Highland Commons apartments and he is not in the least concerned with her residency there due
to his research into the use that is proposed. People in the treatment center can be discharged
whenever they wish. Patients have a problem that they wish to be' free of and will come to the facility
voluntarily to receive treatment.
In response to Commissioner Schramm as to how the proposed use qualifies as a social service use,
Mr. German answered that the facility will be supporting outpatient services throughout the
community. He further responded to the inquiry as to why such a facility should be in this particular
neighborhood, Mr. German answered that the facility would result in less impact to the residential
neighborhood than another apartment.
Craig Miller, 230 East Fifth Street, speaking as attorney for the applicants, stated that aconditional
use permit is a permitted use in specific zones with or without conditions. If conditions can be applied
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. Planning Commusion Minutes
May 10. 2000
Page 7
to make a use compatible, then it becomes a pennitted use. He took exception to wording in staffs
report of May 10, 2000, that the proposed use must be found to serve the surrounding residential uses
to be compatible with the Residential High Density zone (RHO). Language in the City's
Comprehensive Plan indicates that "a healthy viable district should be composed of residential uses
of varying densities which may be augmented by subordinate and compatible uses." This conditional
use (CUP) must be considered by the same set of standards as every other conditional use that can be
permitted in an RHD zone, such as hospitals, nursing homes, and golf courses, to name a few. It is
an erroneous test to believe that the use must serve the direct neighborhood. The correct test is, can
this use be made compatible with the residential nature of the zone in which it located? There is no
hard evidence that this particular facility will cause an increase in police responses. The fears of the
neighbors are from a belief that problems will occur but impacts have to be demonstrated by evidence
not opinions.
He referred to the court case Sunderland Services vs Pasco (127 Washington 2nd 782) a Washington
Supreme Court case. The case concerned a proposal to allow a group home crises residential center
for abused and neglected teenagers in a single family residential zoning district. The neighbors
questioned whether the children would be properly supervised and cited the high number of elderly
persons living in the neighborhood. The City of Pasco denied the penirit. The Supreme Court
overturned the city's decision because the decision was based upon fears of neighborhood residents
rather than objective evidence. There is an important distinction between well founded fears and those
based on inaccurate stereotypes and popular prejudices. A second case The Department of
Corrections vs the City of Ken n ewick, involved a work release facility in downtown Kennewick. The
neighbors testified regarding their fears as a result of work release which is a much more serious
concern than the proposed facility. The City denied the permit, and the denial was reversed by the
Supreme Court as the only opposing evidence were generalized complaints from displeased citizens.
Denial cannot be based on guesses.
The applicant is committed to a set of enforceable conditions that will deal with the concerns that have
been raised by the neighborhood. An open, working relationship with the neighborhood is a specific
goal of the management.
Commissioner Schramm read the definition of social service agencies from the City's Comprehensive
Plan. In responding to Commissioner Schramm's question as to how the proposed facility is similar
to those types of uses categorized as social service agencies, Mr. Miller stated that those categories
cannot be exclusive. The categories of social service agencies listed in the Comprehensive Plan are
examples of such uses and any facility that operates with the same characteristics must be treated in
the same manner. Commissioner Schramm noted that given that information, a day care center would
be treated the same as chemical dependency treatment centers.
In response to Commissioner Craver, Mr. Miller did not know if chemically dependent persons are
considered disabled by the State. Mr. Bob Martin answered from the audience "no". Commissioner
Nutter commented that she believes chemically dependent persons fall under the Americans with
Disabilities Act (ADA).
The Commission took a break at 9:10 p.m. The meeting reconvened at 9:20 p.m.
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Planning Conunission Minutes
May 10,2000
CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (lIif:hland LLC). 1702 Melody
Circle: A proposal to establish a substance abuse treatment facility in an existing structure
located within the RHO, Residential High Density zone.
Vice Chair Nutter opened the continued public hearing by encouraging all those present to sign in so
they can be recognized. She stated that persons who intend to provide testimony must sign in and
acknowledge that their testimony is truthful to the best of their knowledge.
Planning Director Collins noted that copies of the staffreports as well as past minutes were available
for the audience on the dais. Due to public concern raised over a recent article published in the
Peninsula Daily News regarding Planning staffs recommendation, it is important to note that City
staff have not recommended approval of Highland Courte CUP 00-03. The staff continues to have
reservations about the proposed site. The conditions contained in the May 10 staff report were
intended to identify mitigation measures which would address concerns and objections raised in earlier
staffreports and public testimony. Ten conditions were developed using statements and information
provided by the applicant in an attempt to address issues subject to the conditional use permit process.
The Planning Commission must detennine if these and/or other conditions could make the proposed
center compatible with the residential zone in which it is proposed. Staffhas not determined if these
or other conditions developed to mitigate specific concerns raised in the public record can be enforced.
Discussions with the applicant have not concluded, and staff is recommending that following the close
of the public hearing the Planning Commission continue its deliberation to the regular May 24,2000,
meeting. Staff will provide a report on the legal enforcement of conditions proposed to ensure
compatibility with the senior development at the May 24 meeting.
Mr. Collins reviewed a (second) staff report prepared following the April 26, 2000, public hearing.
An attachment to the report contains an analysis of five comparable facilities and their impacts on
surrounding areas prepared on behalf of the applicants by Landon Kimbrough.
Mr. Collins responded to specific questions by commissioners with regard to definitions and
intentions contained in staff s report.
Commissioner Schramm expressed concern that nearly all of the letters written in protest of the
proposed action were written from an emotional level rather than from factual evidence. He asked if
staff provides counsel for persons who wish to voice concerns with regard to specific projects. Mr.
Collins answered that staff tries to provide general direction to persons who wish to respond to
particular applications or processes. It is not staffs expectation that a citizen who wishes to testify
will necessarily provide expert testimony. People are not discouraged from testifying although it is
staffs expectation that applicants will need to provide a certain amount of expert evidence in order
to make their case. There is not a set of guidelines as to what type of evidence is valid and which is
not. Commissioner Schramm asked that staff develop such guidelines to direct those who wish to
comment as to what type of information can be used to formulate decisions.
Vice Chair Nutter noted the ground rules by which the meeting would be conducted and opened the
continued public hearing.
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PltJ1lllillg Commissioll Mi1lllles
May 10, 1000
Page <I
Bob McCartney, 1749 East Sixth Street, read a letter into the record identifying his doubts that
patients at the proposed Highland Courte facility would be only residents of the Port Angeles
community. He believed that patients would seek the services of the facility from many other areas
including out of state locations. He agreed with other speakers at the previous meeting who asked that
the permit be denied due to the inappropriateness of such a use in a retirement community.
Don Dundon, 701 Currier Court, agreed with comments made by David Flodstrom at the April 26,
2000, meeting, where he stated that ~e conditions, covenants and restrictions (CCR's) of this
retirement community must be observed by residents and developers. Proposed Condition No.4 of
the conditional use permit approval poses a great concern to residents as the applicant has answered
that ''to require a criminal background check would not be conducive to a recovery atmosphere, and
Highland Courte does not have the legal right to compel a criminal background check from every
applicant." This is not acceptable given the number of elderly and/or physically disabled residents
to the proposed facility. There are other potential uses for the building that would complement the
neighborhood. The proposed use does not.
Florence Humpal, 1702 Melody Circle #202, does not believe such a facility belongs in an elderly,
disabled, retirement community developed for a senior population. She expressed concern about the
potential of excess traffic in that a parking problem currently exists in the Highland Commons I
apartment area that is adjacent to the proposed site. The use does not belong in this type of residential
area.
Gene Middleton, 711 Elizabeth Place, represented a neighbor, Roy Varni, 1814 East Lauridsen
Boulevard, who was unable to attend the meeting. Mr. Middleton read a letter from Mr. Varni which
was in addition to the letter received from Mr. Varni and contained in staff's report. Mr. Vami noted
that the applicants are apparently so certain that the conditions of approval can be complied with that
they are already moving into the facility. The proposed facility is in violation of City ordinances
regarding uses in residential districts. Promises are not always kept when profit is involved. There
are no provisions for policing the conditions of approval. Applicants told residents in neighborhood
meetings that patients would be brought from as far away as Alaska. There are nine facilities within
one hundred miles of Port Angeles that currently offer inpatient care for chemical dependency. There
is no pressing need in this community for such a service. There is a greater need in Alaska as there
is only one such facility in the entire state.
Beryl Middleton, 711 Elizabeth Place is not opposed to treatment facilities of this nature, they are a
very needed service. She is concerned that the applicants are proposing this type of facility in a very
vulnerable senior retirement community where the sense of tranquility and security for the senior
population will be lost.
Chuck Paulson, 1845 Lauridsen Boulevard urged the Commission to pay particular attention to the
Police Department report. Visitors to the facility cannot be controlled when they are not within the
facility and may be of the same persuasion as those seeking treatment in the facility. Such a use
leaves the entire senior retirement community in a very vulnerable position.
Perry Jenna, 1703 Melody Circle agreed with the previous speakers and was concerned with the
potential for violent and sexual crimes as a result of the introduction of this type of use in a senior
community. Many residents of the neighborhood are old and frail and live in fear of the possibility
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Planning Commission Minutes
May 10.2000
Page 5
of this facility in their neighborhood.
Jennifer Kim, 11 One Horse Lane, spoke for her parents who reside at 1845 East Lauridsen
Boulevard. Her family is concerned that adults who seek treatment may not act like adults when
under the influence of chemical dependency and hann may come to residents of the neighborhood as
a result of the use in this location. She echoed all of the concerns of the residents voiced thus far in
opposition to the proposal.
Craig Miller, 230 East Fifth Street, introduced Landon Kimbrough, 270 Beckett Point Road, Port
Townsend, WA 98368, who commented on some of the testimony presented. He stated that the
statistical figure of 3901 persons in Clallam County who may be suffering from chemical abuse is
from information provided by the Division of Alcohol and Substance Abuse (ASA). The report is a
biannual report prepared for the State of Washington. Ten to fifteen percent of the 3901 persons
addicted to some form of chemical abuse are expected to enter inpatient treatment facilities. He
explained the process used in providing the survey provided to the Commission. Not all inpatient
facilities operate the same so it is difficult to find good comparables. He identified four such facilities
that were similar to Highland Courte that were used in the survey.
Mr. Kimbrough responded to Commissioner Craver that the closest inpatient treatment center that he
is aware of is in Olalla, Washington, in Kitsap County.
Mr. Kimbrough responded to several questions from Commissioner Nutter regarding inpatient and
outpatient services in Clallam County serving chemically dependent persons. He responded as to the
level of training for staff and that the facility would be licensed by the State of Washington as a health
care professional facility. Professional counselors require 2500 hours of experience, 45 to 90 hours
of schooling, and pass a test. Nine different chemical groups are termed as mood altering. All mood
altering drug dependent persons will be treated at the facility. Patients will be evaluated each week
to assess their ability to function as outpatients ready for discharge. Opoid patients do not do well in
. this type of treatment facility and are screened out prior to admission. Patients are asked whether they
are opoid dependent but the center has no legal basis for doing background research on patients.
Clinical data is often available to indicate what a patient is addicted to prior to admission. There are
no other outpatient treatment centers being operated by Northwest Care Services, the proposed
operator of the facility, in the State of Washington.
In response to Commissioner Norton, Mr. Kimbrough stated that there are no patients being treated
at the facility at present. The facility has not received licensing. Mr. Bob Martin has an office at the
facility in order to have a local office from which to operate. The building is otherwise empty.
Commissioner Schramm asked how the facility would serve the direct neighborhood? Mr. Kimbrough
answered that the facility is intended to treat the needs of the entire community. In order to be
effective, treatment needs to be done locally so that families can participate in recovery. Mr.
Schramm stated that the applicants have identified patients to the facility as local professionals and
community leaders. It would seem that local professionals might prefer to be treated outside of their
local community for anonymity reasons.
The Commission took a break at 8:20 p.m. The meeting reconvened at 8:30 p.m.
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Planning eommission Minutes
May 10.2000
Page 6
Bob Martin, P.O. Box 1934, Port Angeles, WA stated that the chemical dependency treatment center
services will not include detoxification and adniissioil must be voluntary. The center will provide
services for adult, 18 and older, patient, and will not provide service to patients who have been
convicted of violent and sexual crimes. The length of stay is 21 to 28 days and cost $140 a day.
Visitors will only be allowed on weekends and will be screened to allow only those visitors who are
supportive of the treatment. From his experience, at the end of one year, the Highland Communities
neighborhood will realize that the Highland Courte treatment facility has been a very good neighbor.
An advisory committee is planned of approximately twelve members made up of direct neighbors and
community members. Conditions of approval for the facility are welcome to ensure the facility is
meeting the expectations of the neighborhood to address specifJc issues of concern.
Commissioner Craver stated that the biggest fear expressed by the neighbors is of patients with a
history of violent crimes and aberrant behavior. Without the ability for criminal background checks,
how can neighbors be assured that this type of patient will enter the facility? Mr. Martin answered that
by and large interviews with family members, friends, and employers reveal background problems
of concern.
In response to Commissioner Schramm, Mr. Martin answered that of the potential 3901 Clallam
County residents who may need this type of facility, approximately 50% can afford the treatment.
Residents will be private payor insurance pay patients. In response to Mr. Schramm's inquiry as to
how the proposed facility will serve the immediate area, Mr. Martin answered that the neighborhood
won't know they are there. There will be no adverse effects and will provide a sorely needed service.
The center will be licensed by the state as a for profit health care facility. Staffwill remain constant
in trying to be resourceful in keeping the cost level as low as possible. Family members will not be
spending the night at the facility but will seek lodging elsewhere in town for the family weekend
counseling service once during the treatment.
Mr. Martin described measures proposed with regard to on-site security as touch pad entryways with
alarm systems at the perimeter of the area. Staff will be on-site 24 hours a day and cameras will be
installed within the facility. In response to Commissioner Nutter, he could not say why the previous
Alzheimer's facility failed but a high caliber chemical treatment facility nationwide will remain full
if its operational standards and services are reputable and affordable.
Tim German, 2025 West 12'h Street, is a principle in the Highland Courte project. His mother lives
in the Highland Commons apartments and he is not in the least concerned with her residency there due
to his research into the use that is proposed. People in the treatment center can be discharged
whenever they wish. Patients have a problem that they wish to be free of and will come to the facility
voluntarily to receive treatment.
In response to Commissioner Schramm as to how the proposed use qualifies as a social service use,
Mr. German answered that the facility will be supporting outpatient services throughout the
community. He further responded to the inquiry as to why such a facility should be in this particular
neighborhood, Mr. German answered that the facility would result in less impact to the residential
neighborhood than another apartment.
Craig Miller, 230 East Fifth Street, speaking as attorney for the applicants, stated that a conditional
use permit is a permitted use in specific zones with or without conditions. If conditions can be applied
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PIMning Commission Minutes
May 10. 2000
Page 7
to make a use compatible, then it becomes a permitted use. He took exception to wording in staff s
report of May 10, 2000, that the proposed use must be found to serve the surrounding residential uses
to be compatible with the Residential High Density zone (RHO). Language in the City's
Comprehensive Plan indicates that "a healthy viable district should be composed of residential uses
of varying densities which may be augmented by subordinate and compatible uses." This conditional
use (CUP) must be considered by the same set of standards as every other conditional use that can be
permitted in an RHD zone, such as hospitals, nursing homes, and golf courses, to name a few. It is
an erroneous test to believe that the use must serve the direct neighborhood. The correct test is, can
this use be made compatible with the residential nature of the zone in which it located? There is no
hard evidence that this particular facility will cause an increase in police responses. The fears of the
neighbors are from a belief that problems will occur but impacts have to be demonstrated by evidence
not opinions.
He referred to the court case Sunderland Services vs Pasco (127 Washington 2nd 782) a Washington.
Supreme Court case. The case concerned a proposal to allow a group home crises residential ce~ter
for abused and neglected teenagers in a single family residential zoning district. The neighbors
questioned whether the children would be properly supervised and cited the high number of elderly
persons living in the neighborhood. The City of Pasco denied the permit. The Supreme Court
overturned the city's decision because the decision was based upon fears of neighborhood residents
rather than objective evidence. There is an important distinction between well founded fears and those
based on inaccurate stereotypes and popular prejudices. A second case The Department of
Corrections vs the City of Kennewick, involved a work release facility in downtown Kennewick. The
neighbors testified regarding their fears as a result of work release which is a much more serious
concern than the proposed facility. The City denied the permit, and the denial was reversed by the
Supreme Court as the only opposing evidence were generalized complaints from displeased citizens.
Denial cannot be based on guesses.
The applicant is committed to a set of enforceable conditions that will deal with the concerns that have
been raised by the neighborhood. An open, working relationship with the neighborhood is a specific
goal of the management.
Commissioner Schramm read the definition of social service agencies from the City's Comprehensive
Plan. In responding to Commissioner Schramm's question as to how the proposed facility is similar
to those types of uses categorized as social service agencies, Mr. Miller stated that those categories
cannot be exclusive. The categories of social service agencies listed in the Comprehensive Plan are
examples of such uses and any facility that operates with the same characteristics must be treated in
the same manner. Commissioner Schramm noted that given that information, a day care center would
be treated the same as chemical dependency treatment centers.
In response to Commissioner Craver, Mr. Miller did not know if chemically dependent persons are
considered disabled by the State. Mr. Bob Martin answered from the audience "no". Commissioner
Nutter commented that she believes chemically dependent persons fall under the Americans with
Disabilities Act (ADA).
The Commission took a break at 9: 1 0 p.m. The meeting reconvened at 9:20 p.m.
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PlaMing Commission Minutes
May 10. 2000
Page 8
Steve Moriarity, 403 South Peabody, is an attorney representing an estate that adjoins the subject
property. The heirs are concerned that property va1ues will fall as a result of a chemical dependency
treatment facility next door. He expressed concern that the conditions recommended by staff are not
verifiable or enforceable. There has been no convincing testimony presented that background
screening will be adequate or legally permissible. The City's Police Department still has reservations
that such a use is appropriate in the proposed neighborhood. There is no doubt that such facilities are
needed, but this senior community is not appropriate.
Chuck Paulson, 1845 East Lauridsen Boulevard, requested that a business plan be reviewed that is
based on the average rate of stay to determine if a profitable operation is possible without failure of
such as that of the previous Alzheimer's facility.
Allan Harrison, 1834 East Fifth Street, opposed the facility. He believes that the reason for the
proposal is that the property owners failed in one endeavor and need to try something different to
recover their investment. The proposal is an unconscionable imposition on the quality of life in the
~ghland neighborhood. Even with the conditions proposed by Planning staff, the Police Department
remains concerned about the proposal. The facility is not compatible with the zoning of the area.
When he recently purchased his property, he checked the zoning laws and concluded that he was
buying a home in a pleasant upscale neighborhood. He would not have made the purchase if he had
not thought the City would uphold the basic social contract between a citizen and its government. It
should be up to those proposing to change the status quo to prove to the existing residents that the
proposed use will be compatible with their environment.
Michael Kisman, 1703 Melody Circle, was concerned about residents' rights in the neighborhood.
Security issues are a real concern. Several Alzheimer's patients walked away from the supposedly
secure facility. Why would someone think chemically dependent persons would not also be able to
walk away from the site Many residents in the area are in wheelchairs, are blind, and most are quite
elderly and frail. A recreational trail surrounds this retirement community. The population is very
afraid and would not feel comfortable using the trails and other recreational amenities that were
developed for the Highland Communities neighborhood anymore due to the proximity of the proposed
facility. The recreational use was promised to all residents when they signed contracts for the
apartments. It will be nearly impossible to adequately screen patients for previ~us crimes. Most
people will not be forthcoming with that information. It is possible that residents will choose to leave
the senior apartments because of the use and the ~wners will be left with empty apartments.
Arthur Wilmot, 1840 East Lauridsen Boulevard, attended the meetings conducted by the proponents.
Residents were informed that the proponents have a contract with a hospital in the State of Alaska for
people who need treatment. How many patients are expected from Alaska? The $140 a day fee is the
same fee that was charged a year ago by such a use in Corvalis; Oregon, where he lived. That facility
was licensed as a non profit organization. It did not succeed and the area it drew patients from is
much larger than Port Angeles. He doubted that a for propt use would be successful given that.
companson.
Dave Flodstrom, ~816 South Laurel Street, represented his mother in law who lives at 726 Currier
Court, the closest single family residential unit to the facility in Highland Estates. He asked that the
Commission stay focused on the land use aspect of the application. These facilities are needed, are
of value, and produce good results. The question is, is this an appropriate location? The conditions
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Planning Commission Minutes
May 10. 2000
Page 9
under which the entire area was developed restrict the uses that are expected. Based on approved
development plans, the residents. purchased homes and rented apartments and expected that they
would live in a retirement community atmosphere. They may not have made the same decisions had
they not believed conditions were in place to ensure that result. Residents were promised a common
recreational area. Use of that area will not be as desirable for residents if the proposed use is
approved. He asked that the public hearing be continued to allow the public an opportunity to
comment on staff's proposed condition.
Carroll Reed, 1707 Lambert Lane, was very concerned about his land value. He asked if the surveys
submitted by the proponents for comparable facilities included sites located in retirement
communities, or were they all in more mixed neighborhoods.
Gerald Powell, 718 Elizabeth Place, did not believe the proponents' promises due to their many
broken promises made in the past.
Patricia Walker, 1815 East Third Street, does not believe the proposed facility will be successful as
the applicant's own testimony indicates the facility would serve about 10% of the approximately 3901
potential patients in Clallam County. There is no purpose for the proposal other than as a commercial
venture. It does not support the direct community. Commercial enterprises are not generally felt to
be compatible with residential land uses.
Heather Wilmot, 1840 East Lauridsen Boulevard, agreed with previously expressed statements that
the proposed facility is inappropriate for the neighborhood. As a registered nurse who worked in an
inpatient chemical dependent facility in Corvalis, Oregon, she was sad to see that facility fail. There
were not enough people in the area with financial resources to pay for the use to continue. She
doubted that a for profit facility will be successful given the limited number of potential patients in
Clallam County.
Lucienne Kirk, 1703 Melody Circle #115, was overcome by the concerns of other residents in the
Highland Commons apartments for their safety and well being. She worked with chemical dependent
patients as a religious counselor in her professional life. She is concerned that the proponent's plans
keep fluctuating. Traffic is a concern to this adult community. Residents are very disabled and quite
frail. Such a facility will cause undue, unnecessary stress .and anxiety to the senior community in
which it is proposed.
Gene Middleton, 711 Elizabeth Place, asked if the proponents could guarantee that the neighborhood
would not be subjected to impacts of runaways from the use. The police report included in the
Planning Department's staff report contained information that runaway incidents occur.
Harvey Nettle, 1803 East Lauridsen Boulevard, recently purchased a home in the neighborhood. He
would probably not have purchased the home ifhe had known of the proposal.
Steve Sanderson, 332 North Ridge View Drive, acknowledged that he submitted a letter to the
Planning Commission regarding Northwest Care Services' management of the Garden Courte,
Highland Courte, and Dungeness Courte facilities. The letter had been altered in that the inside
address had been blanked out, and no one knew who had left it for the Commission. Because it was
therefore altered from its original state and submitted anonymously, staff did not transmit it to the
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Planning o,mmission Minutes
May 10. 2000
Page 10
Commission. The individual who requested the information from DSHS wished to remain
anonymous but had asked for the report due to serious concerns about the management group. He
asked that the letter be submitted to the Commission. He also noted that (based on a resume submitted
on May 5, 1999) Mr. Martin has been in the admissions process 13 years not 23 years as previously
stated.
There being no further testimony, Planning Director Collins asked to clarify certain issues and minor
errors in the staff report. The discrepanc.y between five or four comparables, pointed out by Mr.
Kimbrough, is that the initial report contained five comparable facilities where the final report only
contained four. The evidence provided by the applicant is not seen as conclusive by the Police
Department to ensure that safety impacts can be adequately mitigated. The concern is that limited
empirical data has been provided. One of the main concerns staff has is the enforceability of
conditions of approval in particular, restrictions on admissions. The burden of meeting conditions is
usually with the applicant and there is a danger to that. It is staff's position that the treatment center
is not a residence and so the similarity of this facility to a group home is the similarity between a
residence and a non residence which may be more dissimilar. The common recreational area
throughout the entire community site was part of the original planned residential development and
remains a facility that is open not only to the residents but to the public as well.
There being no further testimony and following discussion regarding the need to continue the
public hearing, Commissioner Norton moved to continue the public hearing to the regular
meeting of May 24, 2000, 7 p.m. Commissioner King seconded the motion, which passed 5 - O.
The Commission asked that the letter submitted by Mr. Sanderson be made available to the applicant
following authentication by the author. The information will be copied for the Planning Commission
and mailed with the May 24 agenda material.
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P1D1l1ling Commission Meeting - May 24. 2000
Page 3
CONTINUED PUBLIC HEARINGS:
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (JIi2bland LLC).
1702 Melody Circle: A proposal to establish a private chemical dependency
treatment facility in an existing structure located within the RHD, Residential High
Density zone. (Continued from May 10,2000.)
Vice Chair Nutter opened the meeting and asked for a staff report.
Planning Director Collins presented a staff report recommending approval of the conditional
use permit subject to thirteen conditions. There is agreement with the applicants that the
proposed conditions are appropriate and enforceable. The thirteen conditions of approval are
intended to mitigate concerns raised in public testimony and previous staff reports. Staff
confirmed that the letter written by the Department of Social and Health Services received
from Mr. Steve Sanderson at the May 10, 2000, meeting is a bonafide letter. Only the inside
address had been deleted to protect confidentiality.
Staff has determined since the May 10 public hearing that it is relatively easy to access
criminal background information through the Washington State Patrol WATCH (Washington
Access To Criminal History) computer system; however, only Washington State residents'
histories may be accessed. The Americans With Disabilities Act (ADA) recognizes people
with chemical dependency as a protected class of citizens who have rights for social services
which are necessary for their particular needs. , This includes services that are provided in an
inpatient residential setting unless there is specific, well documented evidence of significant
adverse impacts that cannot be mitigated. The City's Comprehensive Plan policies support
the provision of social services in residential neighborhoods in a manner that maintains the
character of the immediate neighborhood.
Mr. Collins indicated that three letters had been received following the May 10, 2000,
meeting which were not transmitted to the Planning Commission as the public hearing for
general testimony was closed following the May 10, public hearing. Only further testimony
specific to the proposed conditions of approval would be permitted following that meeting.
An explanation of the conditional use permit category "Social service agencies providing 24-
hour residential care" was given. The category was established to allow Serenity House, a
social service agency, to establish a facility to provide shelter for the homeless. At issue is
the distinction between a social service agency providing residential services, which is a
residential use such as a group home, and one providing social services, which is a non-
residential use such as a chemical dependency treatment center. The staff recommendation
is based on legal advice that the City cannot draw this distinction. It was noted that
conditions were modified or added in response to public comments about requiring criminal
background checks and about enforcing the conditions.
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Planning Commission Meeting - May 24. 2000
Page 4
Commissioner Norton questioned the term "scholarship" as used to describe a program
proposed by the applicant to allow those in the community who might not otherwise be able
to participate to afford treatment. He asked about screening for coexisting disorders and how
compliance with the conditions could be verified.
Commissioner Schramm asked staff if the proposal in any way conflicts with the planned
residential development (pRD) approval issued for the initial Highland Communities
development of which the property is a part. Mr. Collins responded that the recreational
amenities developed as part of the PRD must not be compromised by the proposal. Those
recreational amenities must remain open and available to the public and to the residents of
the area, particularly Highland Communities. CommissIoner Schramm asked how the
proponents could then guarantee that visitors to the treatment center won't also be availing
themselves of the recreational amenities at any time. Mr. Collins stated that the
responsibility for such a violation would be with treatment center staff, who would be
responsible for enforcement of visitor rules. If violations are reported to City staff,
appropriate action will be taken.
Commissioner Schramm questioned staffs interpretation of the City's Parking Ordinance
requirements that would require only 17 parking spaces for the proposed 50 patient treatment
center. Testimony was received that parking in the area of the senior apartments is maxed
out. He noted that a medical facility is required to provide one (1) off-street parking space
for each bed plus parking spaces for staff and visitors. There are only 29 spaces available
on the subject site; however the applicant did not address parking issues or ask for a parking
variance based on the policy that patients would be discouraged to drive to the facility on
their own. Mr. Collins answered that the treatment center's requiremeI?-t for off- street
parking has been interpreted to be the the same as that ofthe previous Alzheimer's facility,
which was likened to a nursing home, and provided 17 spaces, or 1 space for each 3 beds.
City Attorney Craig Knutson responded to Commissioner Craver's inquiry as to how the
Americans With Disabilities Act (ADA) court decisions relate to the proposal. He stated
that the ADA does apply to persons with substance abuse problems. They are considered to
be a protected class of people under federal law, and a number of court decisions have dealt
with that issue in the land use permitting context. The courts are indicating that in order to
condition or deny a proposal for a facility that is designed to serve controlled substance
abusers, decision makers have to make sure that decisions are based on documented evidence
that is substantiated in the record of actual impacts. In developing conditions, staff tried to
establish conditions based on either' evidence in the record or on agreements that the
applicants have made so those conditions will be supportable under the ADA. Specifically
with regard to issues such as public safety and decline in property values, court cases have
stated that perceived impacts are not supportable. Specific evidence needs to be in the record
that those impacts will occur.
Commissioner Schramm repeated that the proposed facility may best be compared to a
medical facility rather than a nursing home for parking purposes. Furthermore, as this is a
new use in an existing structure where additional parking may be required, it would seem the
parking issue should be analyzed prior to any decision on the proposed use. Mr. Collins
agreed that the Alzheimer's use was determined to be similar to a residential use. The
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Planning Commission Meeting - May U. 2000
Page 5
proposed use is not an identified use in the Parking Ordinance and so must be likened to one
that is. Mr. Schramm noted that people confined to a nursing home are probably not going
to be driving, where those who have a chemical dependency problem probably are drivers
and may even drive themselves to the facility.
Commissioner Nutter asked if employee parking is factored into the 17 spaces required for
the center. Mr. Collins answered that nursing home parking requirements don't factor in
employee parking because it is believed that patients don't drive. Commissioner Schramm
suggested that a condition that patients may not drive to the facility might be appropriate.
Vice Chair Nutter opened the continued public hearing by encouraging all those present to
sign in so they can be recognized. She stated that persons who intend to provide testimony
must sign in and acknowledge that their testimony is truthful to the best of their knowledge
Additionally, testimony must be limited specifically to the conditions proposed for approval
of the conditional use permit, the Sanderson letter from the Department of Social and Health
Services, or the letter from Mrs. Mardel Xavier in regard to the proposed conditions.
Craig Miller, 230 East Fifth Street, attorney for the applicant, was prepared to answer
questions on behalf of the applicants. He stated that his clients are in agreement with staff s
report and recommendations. In addition to the provisions of the ADA, the project falls
within the provisions of the Fair Housing Act (FHA) which deals with discrimination in
housing similarly to the ADA. It is the applicant's determination to abide by the conditions
as proposed. The applicants are subject to the obligations of the ADA to the extent that they
cannot discriminate in how service is provided to patients.
Condition No. 5 was originally W!itten such that a criminal background check will be
obtained as soon as practicable. The wording as amended by staff indicates that a criminal
background check will be conducted under the State Patrol WATCH program prior to
admission of patients. The wording ties the center into a specific program that may be
phased out or lose funding. Furthermore, the management is concerned that when patients
present themselves for treatment it is often critical that they be admitted promptly and not
forced to wait for lengthy criminal background checks to be completed. It is quite possible
that hold ups could occur within the WATCH program due to backlogs, lack of funding,
internet problems, etc. The applicant will agree to the proposed wording of Condition No.
5 \yith the understanding that they are agreeing to a service that remains functional.
Mr. Miller does not believe the parking concerns expressed by Commissioner Schramm or
previous speakers is really valid as the City's Parking Ordinance has been reviewed by staff
and it has been determined that the existing off-street parking spaces are adequate for the
proposed use. .
In response to Commissioner Nutter, Deputy Police Chief Tom Riepe indicated that the
WATCH program, through the Washington State Patrol, can only access state residents'
files. Out-of-state patients would have to be researched through the Federal Bureau of
Investigation (FBI) which could take a couple of weeks.
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Planning Commission Meeting - May 24, 2000
Page 6
With regard to Condition No.9, Commissioner Schramm asked Mr. Miller if a patient who
decides to leave could be detained? Mr. Miller answered that all measures would be taken
to encourage such a patient to remain in the facility but in reality, no physical force could be
used to detain such a person. Mr. Schramm noted that to ensure a patient is not easily
enabled to leave, whenever they so choose, a condition could be worded such that patient
vehicles may not remain at the facility.
Lengthy discussion began regarding security and the restriction of visitors to weekends
between 8 am. and 6 p.m. as identified in Condition No.7. The issue of use of the common
recreation area that joins the entire residential development including the subject site was
discussed. Although visitors will be prescreened and strictly informed as to permissible
visiting hours, it is possible that unauthorized situations will occur. Visitors will not be
admitted into the facility outside of authorized hours for visitation; however, it was agreed
that there would be no control outside of the facility.
Commissioner Nutter noted that residents of the Alzheimer's use were provided
opportunities for exercise within the facility. . She asked if it would be a problem to restrict
patients from recreating outside of the facility. Mr. Miller responded that it would not be a
problem; however, if a particular patient is under undue stress and absolutely has to go
outside, it could be permitted on a one to one basis with an able staff member. This situation
will not be encouraged unless completely unavoidable for required treatment.
Commissioner Nutter stated that it would be desirable to be more specific in the formation
of rules regarding the reporting and meeting schedule for the proposed advisory board. How
often the board meets and a requirement that a report from the board be included in the
center's semi-annual report to the Planning Department would be improved measures.
In response to Commissioner Norton, Mr. Miller stated that the proposed advisory board
would be advisory not supervisory. The board members could provide any information they
feel is appropriate. The semi-annual report will include information on number of patients
admitted, a description of the fact that background checks had been performed, and the
number of patients denied treatment as a result of those checks. Additionally, statements as
to how many patients voluntarily left the facility, where they were transported to and when,
how many patients were residents of Port Angeles, how many scholarships had been used,
and verification that no minor persons had been admitted would be included in the reports.
Noncompliance issues would be identified and measures to prevent such occurrences. The
reports will be reasonably detailed to determine compliance with the conditions of approval.
Robert Martin, P.O. Box 1934, Port Angeles, WA responded to questions regarding policy
and procedures. He responded to the question previously posed by commissioners that
patients should be discouraged from bringing vehicles to the center. In the event that anyone
does bring a vehicle to the site, the vehicle would be locked, and the keys surrendered to a
staff member. Additionally, patients would be asked to contact a friend. to remove the
vehicle from the site for the duration of treatment. Commissioner Schramm stressed that his
concern is that having a vehicle on site makes it much easier for a patient to feel that they
have the ability to leave or to store items in the vehicle that prevent effective treatment.
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Planni;g Commission Meeting - May 24. 2000
Page 7
Additionally, someone who is out of control emotionally and intent on leaving the center
may leave in an erratic manner that causes hann to an innocent neighborhood resident based
on the patient's chemical dependency. Everything must be done to limit the possibility of
an innocent person being affected by the center's presence in the neighborhood. He strongly
recommended that patient vehicles not be permitted to remain on-site.
Mr. Martin provided a lengthy explanation of the measures that would be used to convince
a patient not to leave the treatment facility but to complete treatment. He has personally
been very successful in talking patients out of leaving centers where he has worked and
intends to train his staff in a likewise manner. Center staff are not legally able to detain
individuals who are determined to leave.
In response to Commissioner Norton, Mr. Martin stressed that the management intends to
provide opportunities for local residents to obtain treatment through a scholarship or
financial aid program. The management will endeavor to be creative in providing
opportunities for financial assistance to local residents by absorbing some of the costs.
Mr. Martin responded to Commissioner Nutter that their service includes picking people up
from airports or bus stations. She asked what is determined by the "Port Angeles" area? Mr.
Martin noted that he would consider the area to be the Olympic Peninsula area.
The proposed patient capacity has been reduced from 50 to 48 patients for per licensing
requirements. A total of five direct patient counselors will be on site from 8 a.m. to 5 p.m.
Non-licensed manager staffwill be on duty at night. One medical director will be on staff
and will visit once a week. Licensed professional staff will not be on duty after 5 p.m.;
however, all staffwill be continually trained in the treatment they administer.
Regarding Condition No. 13, Commissioner Nutter asked why semi-annual verification will
only be for three years. She suggested that the verification be extended in perpetuity for the
life of the use. Mr. Martin responded that internal physical incidents will be immediately
reported to the Police Department as there is a zero tolerance policy for such activity.
In response to Commissioner Craver, Mr. Martin answered that the facility will be licensed
by the Washington State Department of Health with licensure for the treatment program
under the Department of Alcohol and Substance Abuse (ASA).
[The Commission took a 10 minute break at 8:20 p.m. The meeting reconvened at 8:30
p.m.]
Allan Harrison, 1834 E. Fifth Street, cited from a court case referenced by Mr. Craig Miller
at the May 10 meeting regarding a similar proposal in another community. He stated his
belief that the court cases cited by Mr. Miller in support of the current proposal is not
pertinent to the current issue as they are not that similar. There would not be a need for so
many conditions if the use were appropriate for the senior neighborhood. Vice Chair Nutter
reminded Mr. Harrison that only testimony regarding the proposed conditions of approval
may be discussed at this time. Mr. Harrison answered that the applicant's counsel indicated
the two particular court cases didn't allow the Commission to act on the feelings of residents
but only on specific facts. He did not believe the cited cases were similar to the current
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Planning Commission Meeting - May 14. 2000
Page 8
proposal and therefore the attorney's direction may be flawed.
Jerry Miller, 1703 Melody Circle, #211, noted that juvenile records may not be obtained in
criminal background checks. With regard to Condition No. 13, visitors have cars. There is
a very tight parking problem at the Highland Commons apartments now. Up to 50 cars could
be on the site during a weekend if visitors drive to the facility not counting employees.
Visitors and employees will not be allowed to park in the Highland apartment parking lots.
The streets will be overloaded and the calm, retirement nature of the area will be very
negatively impacted.
Lucienne Kirk, 1703 Melody Circle, expressed concern on the issue of patient vehicle
parking. She does not believe patients should be allowed to leave their vehicles in the center
parking area as duplicate keys are not uncommonly hidden in vehicles and access won't be
that difficult. She agreed with Commissioner Schramm's earlier concerns and was gravely
concerned for the safety of handicapped and elderly residents who may not be able to get out
of the way of an angry patient wishing to leave the center site. She thanked the Commission
for their attention to the matter.
Joel Miller, 46 Fairburn Road, Montesano, W A representing his mother, Marcella Miller,
719 Currier Court, believes the current conditions are largely unenforceable and the report
from the Department of Social and Health Services does not put the past management
procedures of the parent company's Alzheimer facility operations in good light. He asked
that the Commission carefully review the conditions of approval and put some enforcement
measures in them.
Don Dundon, 701 Currier Court, didn't agree with the applicant's assurance that parking
is adequate. People will be at high risk due to excess traffic and due to the mental stress of
the people being treated at the facility who may be in a hurry to leave. The senior nature of
the neighborhood is well established and was a promise of the developers who sold the
properties, and a requirement for those living there. When the facility is short of patients,
management will look further than the local area for patients, even out of state. There is no
way that Condition No.5 can be monitored. People will be hurt.
Al Collins, 1813 East Lauridsen Boulevard, noted that by the applicant's own admission,
Conditions Nos. 2, 5, 7, 8, and 9 cannot or may not be met. He urged the Commission to
make the conditions enforceable.
Patricia Walker, 1815 East Third Street, asked what enforcement means will be imposed?
With regard to Condition No. 10, what is a reasonable number of patients from the Port
Angeles community? The number of adults within the City of Port Angeles and Clallam
County with a current need for chemical treatment of the kind proposed by the Highland
Courte facility under the conditions set forth in the Planning Department's staffreport can
be estimated for the year 2000 as 63 for the City of Port Angeles alone and 221 for Clallam
County. New needs per year are 0.5 for Port Angeles and 2.5 for the county. This
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Plimning Commission Meeting - May U. 2000
Page 9
information indicates that patients will need to be brought from areas well out of the Port
Angeles/Clallam County/Olympic Peninsula area. Scholarships will not help as they will
only add about 30 patients to the initial base number.
There being no further testimony, Vice Chair closed the public hearing.
Commissioner Schramm asked the City Attorney if there was anything discussed that would
change staff s recommendation or require further review before proceeding
City Attorney Knutson responded that some comments from speakers were related to the
proposed conditions and that if the Commission feels it appropriate, the conditions may be
revised. The proposed conditions are not the only conditions that could be imposed. They
could be improved upon. In response to previous questions regarding enforcement where
violations are reported, Mr. Knutson explained the procedure for enforcement through the
City Attorney's Office or Police Department.
Per the Commission's Bylaws, Commissioner Norton moved to continue with the
agenda as the time was beyond 10 p.m. The motion was seconded by Commissioner
Craver and passed 5 - o.
The Planning Commission began an extensive review of the proposed conditions of
approval. The conditions were analyzed one by one with regard to enforceability and
testimony that had been received. Following the lengthy discussion, which included the City
Attorney and Planning Director, and given ~e extent of the revisions to the proposed
conditions. Commissioner Schramm moved to continue action to a special meeting of
th~ Commission on May 31, 2000, 7.p.m., City Council Chambers. The Commission
directed staff to revise the conditions per the Commission's discussion and return with
those conditions at the May 31 meeting. The motion was seconded by Commissioner
Norton and passed 5 - O. It was specifically stated that there would be no more public
input. Mr. Collins noted that the Commissioners could still ask direct questions ofthose in
the audience.
Commissioner Schramm asked City Attorney Knutson to review the Planning Department's
parking interpretation for the use.
The Commission took a break at 10:50 p.m. The meeting reconvened at 11 :00 p.m.
Chair Hewins and Commissioner Philpott joined the meeting.
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Plmuring Commission Minutes
May 31.2000 Special Meeting
Page 2
OLD BUSINESS:
CONDITIONAL USE PERMIT - CUP 00-03 - GERMAN (JIighland LLC).
1702 Melody Circle: A proposal to establish a private chemical dependency
treatment facility in an existing structure located within the RHO, Residential High
Density zone. (Continued from May 24, 2000.)
Planning Director Collins reviewed the Planning Department's staff report identifying
fifteen conditions of approval discussed by the Planning Commission following close of the
public hearing on May 24, 2000. The proposed conditions are intended to mitigate concerns
raised during the public hearing process. It has been determined that it is relatively easy to
access criminal background checks for patients who have committed crimes within the State
of Washington through the Washington State Patrol web site. The applicant has agreed to
abide by Condition No. 5 but continues to be concerned that it is legally appropriate.
City Attorney Knutson confirmed that the applicant's attorney expressed concern at the
previous meeting regarding Condition No.5. It is his understanding that the applicants
intend to abide by the condition although the applicant's attorney is concerned that there may
be legal problems encountered in complying with the condition in which case the applicant
would have to return to the Planning Commission for a modification to the condition that is
enforceable.
The Commission began specific individual review of each of the fifteen conditions.
Vice Chair Nutter asked Mr. Robert Martin, P.O. Box 1934, Port Angeles, Washington,
manager of the proposed facility to confirm the hours of operation as noted in Condition No.
7. Mr. Martin stated that the hours of operation will be from 8 a.m. to 5 p.m.
In responding to Vice Chair Nutter's concern regarding the intent of the scholarship
assistance suggested by the applicant and required by Condition 11, Planning Director
Collins stated that the wording is intended to provide flexibility. If the facility is able to
provide for 5% of its patients from the local community without financial aid they might not
have to provide any additional scholarship assistance. Commissioner Schramm added that
his understanding was that the condition would ensure that financial aid would be available
to guarantee that local residents would be served and benefit by the facility. Commissioners
Craver, King, and Norton agreed with Commissioner Schramm's understanding.
The Commission made corrections to Condition No. 12 to ensure that advisory board
members would be comprised of volunteer community members with priority given to
residents from the surrounding residential neighborhood. Commissioner Norton expressed
doubt that the advisory board would be an effective committee because it lacks authority.
He doubted that anything would come of it. Hopefully residents will be invited and will be
listened to.
Director Collins noted that the intent of the advisory board is to include local professionals
and not to limit board members to only those people from the surrounding neighborhood.
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Plll1l1ling Commission Minutes
May 31.2000 Special Meeting
Page 3
In reference to Condition No. 14, Vice Chair Nutter suggested an amendment to require that
an independent report be included from the advisory board with the semi-annual report
verifying compliance with the conditions of approval. The Commission concurred.
Staff responded to Vice Chair Nutter as to the procedure involved in investigating and
processing suspected zoning violations. Planning Director Collins indicated that the first
step in processing a complaint is to contact the property owner to identify the situation and
notify the property owner if a violation is confirmed. In the instance of a conditional use
permit condition violation, consequ~ces such as further review by the Planning Commission
are possible and in the most severe instance a permit may be'voided. City Attorney Knutson
stated, at the request of Director Collins, that the ultimate enforcement action for Zoning
Code violations is set forth in the Zoning Code. The City can either take civil legal action
to enjoin the violation to have the activity stopped by a court oflaw, or in appropriate cases,
violators of the Zoning Code are subject to misdemeanor violations.
Further inquiry by the Planning Commission into how far a violation is allowed to go before
something is done occurred. Mr. Collins stated that for the most part when a reported
violation is investigated property owners/operators are usually willing to cooperate toward
a quick resolution. Violations are acted upon by City staff upon report by someone in the
community or by observance of a staff member. The Planning Department will coordinate
complaint activities with the Police Department in the event the purported activity is one that
is otherwise illegal. Tom Riepe, Interim Police Chief, responded that the Police Department
does not regularly coordinate with the Planning Department when violations are reported to
the Police Department. The coordination of a report of an incident concerning a serious
matter of zoning, or a report that a condition of approval for a particular permit has been
violated would have to be worked out. The subject address could be documented in the
Police Department data base such that if violations are reported they would be sent to the
Planning Department and the information would also be reviewed during the semi-annual
report.
Commissioner Norton stated that the developers were given concessions from zoning
regulations in order to develop a senior residential community. Many seniors moved there
on the assurance that the community would develop and be restricted as a senior area. The
City in effect committed to a contract with the senior residents. That contract is being
broken by allowing others than senior residents into the neighborhood. He would not vote
for this use in this neighborhood.
Although Commissioner Schramm agreed with Commissioner Norton in that it is obvious
that the established senior neighborhood does not want the proposed facility as a new
neighbor and no doubt feel betrayed by the developer who made promises and the City that
implied promises, he did not see any way that the facility can legally be denied. The
Planning Commission is charged to act on facts not supposition. Hopefully the staff of the
proposed facility is aware that fear is a real thing and they will take it upon themselves to be
good neighbors with that in mind.
Commissioner Craver agreed that according to the Americans With Disabilities Act (ADA)
the proposal cannot be denied. A conditional use permit was issued for the previous
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Plonning Commission Meeting
Special Meeting - May 31. 2000.
Page 4
Alzheimer's use on the site which is a similar type of care center. The building will not be
outwardly changed. There is a need for this type of treatment center in this area. She
believes that the fifteen conditions proposed will mitigate most if not all of the concerns that
have been raised at public hearings on the proposal.
Commissioner King added that the conditions should mitigate any concerns that could result
from such a use. The legal ramifications are such that support of the proposal is required.
Commissioner Nutter provided a history of the development of the Highland Communities
senior residential development. The previous Alzheimer's conditional use permit was
approved following a great deal of thought by the Planning Commission. She was very
concerned that whether or not the impact on the neighborhood is real or imagined, it is very
real for the residents. However, the courts have ruled that you cannot deny certain uses based
on perceived threats.
Commissioner King moved to approve the conditional use permit as proposed citing
the following conditions, findings, and conclusions:
Conditions:
1. The particular use being conditionally permitted is Highland Courte, a private
inpatient chemical dependency treatment center.
2. The chemical dependency treatment center services shall not include detoxification.
3. Patients must voluntarily apply for admission and shall not have been ordered by a
court to any type of "locked down" treatment.
4. The treatment center shall serve only adult patients.
5. The treatment center shall only admit patients who swear by written affidavit that
they have not been convicted of a violent, sexual, or felony property crime. The
treatment center shall verify this information by obtaining a criminal background
check as soon as practicable, including performing a Washington Access To Criminal
History background check with the Washington State Patrol's WATCH web site, or
a similar background check according to the state in which the applicant resides,
before admitting any patient. Applicants who have been convicted of a violent,
sexual, or felony property crime shall not be admitted or shall not receive further
treatment.
6. The tre3:tment center shall not admit persons with coexisting mental health and
chemical dependency diagnoses in accordance with the Diagnostic Statistical
Manual, DSM IV.
7. Visitors will be allowed only inside the facility and only on the weekends from 8 am
to 5 pm.
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Plonning Commission Minutes
Special Meeting - May 31. 2000
Page 5
8. A patient will not be allowed outside the facility without being in the company of a
staff member in a one-to-'one ratio of patients and staff members, except as may be
necessary in the event of an emergency.
9. Because admission is only voluntary and a patient may choose to leave the program
prior to completion, individuals who do not successfully complete the treatment
prograin shall be either driven by a staff member to the airport or downtown bus
transfer station or picked up by an adult family member or other responsible party.
10. Patients will be brought to and picked up from the treatment center and will not drive
to and park a vehicle at the treatment center.
11. The treatment center will use its best efforts to ensure that at least 5% of the patients
shall be residents of the Port Angeles (Zip Code) area, including making financial aid
available for local residents.
12. Highland Courte shall receive advice and community input from an advisory board
comprised of the Executive Director and a group of volunteer community members
with priority given to volunteers from the surrounding residential neighborhood.
13. Highland Courte shall not seek additional licensing of other treatment authorities
without applying for and obtaining City approval.
14. Highland Courte will provide semi-annual verification of compliance with these
conditions in the form of a written report to the Planning Department and Planning
Commission including a list of treatment center violations reported to or by State
agencies. The semi-annual report will also include a written report from the advisory
board.
15. All suspected incidents of criminal conduct will be promptly reported to the Port
Angeles Police Department, and treatment center staff will cooperate with the
responding police officers by giving written statements and as otherwise requested.
Findings:
The following findings are based on the information provided in the April 12, May 10, May
24, and May 31, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and information presented during the April
12, May 10, and May 24,2000, public hearings, and the Planning Commission's discussion
and deliberation. . Consequently, the City of Port Angeles Planning Commission hereby
finds:
1. The applicant, Highland Courte - Tim German, applied for a conditional use permit
to establish a private chemical dependency treatment facility in the RHO zone. The
application and supplemental information are identified as Attachment B to the April
12, 2000, Staff Report and Attachment B2 to the May 10, 2000, Staff Report for CUP
00-03;
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Planning Commission Minutes
Special Meeting - May 31. 2000
Page 6
2. The applicant describes the facility as providing professional and affordable
treatment services for up to 48 men and women based on the "12 Step Recovery
Minnesota Mode1." Treatment will consist of group, individual, and family therapy
and includes lectures, video presentations and professional guided group therapy.
3. Although the application also included "mental health triage and stabilization
services," the applicant has stated these services are no longer part of the application.
4. The project site is located at 1704 Melody Circle.
5. The 2~ acre site is located in an existing residential district with a mixture of single
family homes, multi-family apartments, and senior housing.
6. The existing building and grounds were constructed and opened in 1999 as a 42 unit
assisted living facility for residents with Alzheimer's disease. A CUP (CUP 97-13)
was approved for the Alzheimer's use in 1997.
7. The proposed facility will be managed by Northwest Care Services, the same
company that managed the previous Alzheimer's use at the site.
8. The facility will be a private pay facility and will not be affiliated with any
government agency.
9. A "medical director" will oversee the facility and staff of 30 employees.
10. There will be no doctors or nurses on staff, the staffwill be trained professionals who
will work under the supervision of a licensed medical doctor. The doctor will visit
the facility once a week and be on call for the balance of time.
11. The average length of stay for a patient will be 21 to 28 days.
12. The services will not include detoxification. .
13.. Patients must voluntarily apply for admission and shall not have been ordered by a
court to any type of "locked down" treatment.
14. Visitors will be only inside the facility and only on the weekends from 8 am to 5 pm.
15. Patients will not be allowed outside the facility without being in the company of a
staff member in a one-to-one ratio of patients and staff members, except as may be
necessary in the event of an emergency. .
16. The facility's grounds include two yard areas for recreational purposes secured by
six foot high fences.
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PUmning Commission Minutes
Special Meeting - May 31.2000
Page 7
17. Completion of the program may satisfy a court order for treatment, but the program
shall exclude those persons ordered to any type of "locked down" treatment.
18. A patient may choose to leave the program prior to its completion but may not leave
the facility on his or her own.
19. The City's Police Department reviewed the proposed project and made comments in
memos dated AprilS, 2000, ~d identified as Attachment C to the April 12, 2000,
Staff Report and dated May 3, 2000, and identified as Attachment C2 to the May 10,
2000, Staff report for CUP 00-03.
20. The Police Department contacted local law enforcement officials related to similar
facilities located in the Cities of Mountlake Terrace, Kelso, Aberdeen,
Y akima/Y akima County, Monroe, Kirkland/King County, Olalla/Kitsap County, and
Lacey Washington.
21. The Police Department memos expressed reservations about public safety impacts
experienced in other communities occurring with the proposed inpatient chemical
dependency treatment center at this location in a residential area, and these
reservations have led to the development of several conditions for approval regarding
admission restrictions.
22. Section 17.08.020(E) of the Port Angeles Municipal Code states: the definition of a
Conditional Use Permit is "a limited permission to locate a particular use at a
particular location, and which limited permission is required to modify the controls
stipulated by the Zoning regulations in such degree as to assure that the particular
use shall not prove detrimental to surrounding properties, shall not be in conflict
with the Comprehensive Plan, and shall not be contrary to the public interest. "
23. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose of a CUP
is to "assure that the maximum degree of compatibility between uses shall be
attained;" CUPs may be granted for projects that "are consistent and compatible
with the purpose of the zone. . ., consistent with the Comprehensive Plan, and not
contrary to the public use and interest; " and a CUP may be denied if the proposal
would "defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions. "
24. The definition of social services in the Comprehensive Plan states, "Social services
means those services necessary to support life and health, such as food banks,
hospices, home health, congregate care, and day care services. "
25. The site's Comprehensive Plan designation is High Density Residential [HDR]. This
designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area and uses. Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category."
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PUmning Commission Minutes
Special Meeting - May 31. 2000
Page 8
26. The City's Comprehensive Plan's Land Use Element Goal C and Policy Cl establish
the district and neighborhood concept for residential land use planning in the City
and Utilities and Public Services Element Goal A and Policy A3 provide or allow the
opportunity for social services for citizens with special needs. These goals and
policies are listed in Attachment D3 to the May 24, 2000, Staff Report for CUP 00-
03.
27. Policy Cl states "Although such districts may be composed primarily ofresidential
uses of a uniform density, a healthy, viable district should be composed of residential
uses of varying densities which may be augmented .by subordinate and compatible
uses. Single family and multi-family homes, parks and open spaces, schools,
churches, day care and residential services, home occupations, and district shopping
areas are all legitimate components of district development and enhancement. "
28. Utilities and Public Services Element Goal A states, "To provide or allow the
opportunity for services and facilities which enhance the quality of life for Port
Angeles citizens of all ages, characteristics, needs, and interests.
29. Utilities and Public Services Element Policy A3 states, "Social services providing
home care should be located in residential neighborhoods in a manner that
maintains the character of the immediate neighborhood. "
30. The Americans with Disabilities Act recognizes people with chemical dependency
as a protected class of citizens who have rights for social services which are
necessary for their particular needs. This would include services which are provided
in an inpatient residential setting, unless there is specific, well-documented evidence
of significant adverse impacts that cannot be mitigated.
31. The applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. "
32. The proposed use is located in an established residential district and multi-
family/senior housing neighborhood. It is in close proximity to existing single-
family neighborhoods to the northeast and southeast.
33. The purpose of the RHD zone states "Compatible land uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential area, and
commercial enterprises are not generally felt to be compatible. "
34. The City's State Environmental Policy Act-Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000.
35. Following the optional DNS process (y{AC 197-11-355), the City expected to issue
a DNS for the Highland Courte CUP 00-03. Subsequent comments by the Port
, Angeles Police Department identified adverse secondary effects that occurred for
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Plonning Commission Minutes
SpecioJ Meeting - May 31. 2000
Page 9
similar developments in Mountlake Terrace and Kelso, Washington. Based on these
comments, the SEP A Responsible Official reconsidered the threshold determination
and concluded that such adverse impacts, even if found to be significant, could be
conditioned or the proposal denied based on the City's Comprehensive Plan and
Zoning Code through the conditional use permit process and under the SEP A
substantive authority in WAC 197-11-660(1)( a).
36. 45 letters of comment requesting denial of the CUP were received from the public
regarding this application, and a petition with 40 signatures opposing the project was
submitted to the Planning Department. Concerns expressed in the letters include
fears of increased crime and potential impacts on personal safety and property,
increased traffic, decreased property values, and the overall incompatibility of the
proposed use and the existing residences. The letters of comment are included in
Attachment E to the April 12, 2000, Staff Report, Attachment E2 to the May 10,
2000, Staff Report, and two additional letters provided with the May 24, 2000, Staff
Report for CUP 00-03.
37. The public comment period ran from March 22,2000 to April 6, 2000.
38. The facility will require 17 parking spaces; 29 spaces are provided on-site.
39. The applicant has reported that there are 3,901 Clallam County adults who are in
need of chemical dependency treatment.
40. The applicant's representatives and legal counsel have met with the City Attorney
and Planning Director to review lUld revise the proposed conditions, and there is
agreement that the proposed conditions are appropriate and enforceable, except for
Condition No.5.
41. The applicant is proposing to accept certain conditions for permitting a private
intensive inpatient chemical dependency treatment center in a residential area.
42. The applicant's representative testified that the admission policies will discourage
patients from driving themselves to the treatment center and parking their vehicles
on-site.
Conclusions:
The following conclusions are based on the information provided in the April 12, May 10,
May 24, and May 31, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and_ information presented during the April
12, May 10, and May 24,2000, public hearings, and the Planning Commission's discussion
and deliberation. Consequently, the City of Port Angeles Planning Commission hereby
concludes:
A. The proposed project is eligible for a CUP in the RHD zone as a "social service
agency providing 24-hour residential care. "
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Plonning Commission Minute:s
Special Meeting-May 31. 2000
Page 10
B. The definition of "social services" in the Comprehensive Plan is broad enough to
encompass both residential and nonresidential life and health services, including
chemical dependency treatment in a residential care facility.
C. The City's Comprehensive Plan policies support the provision of social services in
residential neighborhoods in a manner that maintains the character of the immediate
neighborhood.
D. As conditioned, the chemical dependency treatment center is subordinate to the
surrounding residential district and may be found to serve the neighboring residents
and to be compatible with the surrounding residential land uses.
E. The proposed use with adequate controls is compatible with the adjacent land uses,
and CUP approval is specifically limited to this particular use as conditioned (any
new or expanded uses including additional services and other admission criteria will
require a new CUP approval).
F. With adequate controls, the proposed use can meet the daily needs of the neighboring
residents and is consistent with the intent the RHD zone and the City's
Comprehensive Plan Land Use Element Goal C and Policy Cl.
G. The fifteen conditions mitigate concerns raised in the various staff reports and by
neighboring residents.
H. . Although this is a nonresidential use providing primarily social services not
residential services, the inpatient chemical dependency treatment center does provide
this social service care in a 24-hour residential setting.
I. The facility is the same as it was when designed and used as an Alzheimer's care
center and physically does not change the established character of the immediate
multi-family neighborhood.
J. The evidence of increased public safety risks have. been adequately addressed by the
conditions which restrict admissions to those patients with low risk characteristics
similar to the general population of the community.
K. The parking provided on-site will not accommodate patients' vehicles, and it is not
desirable to aid unsuccessful p"atients leaving~e program in contradiction to
Condition No.9 by allowing their vehicles to be parked on-site.
The motion" was seconded" by Commissioner Craver and~ passed 4 - 1 with
Commissioner Norton voting in the negative for reasons previously stated.
ATTACHMENT C
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Staff Reports
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ill f2 (ji) f2 0 rlU ;:::
o LS l.I!J LS \!! _~__
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J APR - 6 2000
~ORTANGELES
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WAS H I N G TON, U. S. A.
~'Qr~T At'~2Ei.tS
t::: ...... ;'.... "~>-'J.":'-:-"-~'!
POLICE DEPARTMENT
Date:
April 5, 2000
To:
Planning Department
Steve Ilk, Chief of Police
J~
Tom Riepe:Deputy Chief
From:
Subject:
Conditional Use Permit - CUP 00-03
Highland Courte - 1702 Melody Circle
This memo is written in response to your request to the police department for comments regarding a
proposal to allow the establishment of a 50-bed "inpatient chemical dependency center" in a
Residential High Density Zone (1702 Melody Circle).
From the information you provided, it is the police department's understanding that the proposal is
for a private, for profit, inpatient chemical dependency treatment clinic. Assumably the patients of
the facility would also be treated for co-occurring disorders such as mental illness. From our
memory, the police department's only contemporary experience with a facility somewhat similar to
the described proposal is as follows:
. "The Lodge," an inpatient treatment facility at the old "Priest" house located on Olympus
Avenue. Our records indicate that this facility, located in a residential area on a very large
and semi-secluded lot, operated for a few years during the late eighties and early nineties.
Most police records related to this facility have been purged, but there are recollections of
two incidents where officers responded to complaints of an angry patient committing a
minor assault and malicious mischief inside the facility. Overall, as far as the police
department is concerned, the facility operated in relative obscurity. The number of beds is
unknown.
. "The Oak Street House," a five-bed inpatient treatment facility for teenagers at 12th and
Oak streets was operated by Peninsula Community Mental Health for approximately two
years during the mid-nineties. The teenagers living at this facility were mostly court
ordered to live at the facility and had co-occurring mental health, lifestyle and chemical
dependency issues. The police department responded many times to this residence during
the time it was in operation.
· "The Second Street House," a 19-bed facility for adults, mostly with mental health issues
and occasional co-occurring substance abuse issues, has been in operation on the corner of
Second and Oak Streets since 1983. The facility is managed by Peninsula Community
Health. The police department occasionally responds to the facility. The complaints have
related to a wide variety of issues involving the residents.
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In order to obtain a better grasp'ofthe possible public safety issues regarding the CUP application, I
. contacted police chiefs or police administrators I was familiar with, in cities of similar size to Port
Angeles. The results of my contacts are as follows:
. Aberdeen - According to Chief Bob Maxfield, one "chemical dependency inpatient
treatment facility" is located in Aberdeen. It (East Center Recovery) is located on the 5th
floor of the old Gray's Harbor Community Hospital. The old hospital building is bordered
by a city park on one side and residential areas on three sides. . The county 911 dispatch
center and various medical services are also located in the building. Chief Maxfield said he
was not aware 'of any secondary public safety'impacts or issues related to the location or
existence of the treatment facility.
. Mount Lake Terrace - After I described the proposal to Chief Scott Smith, he told me the
following: He had a two inch thick file on problems related to an inpatient treatment
facility, located in a residential area, in Mount Lake Terrace. Chief Smith said the facility
had been a major drain on public safety resources and had caused continued anxiety and
stress for many of the neighbors until it fmally closed~ Chief Smith will send us some of the
information and newspaper articles that have been written about the facility and problems
associated with it. Chief Smith said there were many secondary public safety impacts to the
residential neighborhood as a result of the inpatient treatment facility.
. Kelso - Chief Steve G. Scibelli of the Kelso Police Department related the following: A
number of years ago, a private chemical dependency inpatient treatment center moved into a
residential neighborhood in Kelso. Chief Scibelli recalled that it had approximately 25 beds.
According to Chief Scibelli, due to the problems associated with, and after litigation and
threats of litigation between the City, residents, and owners of the , facility, the facility fmally
\
moved out of the residential area. Chief Scibelli said the existence of the facility in a
residential neighborhood and the occasional "walking away" of court ordered and other
patients caused "major problems" for the police department and city.
Conclusion: Based on the information contained herein, and the general experiences of the cited
law enforcement agencies, the police department has considerable reservations
regarding the operation of a 50 bed inpatient chemical dependence treatment facility
in a residential neighborhood.
102-00-428
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DATE:
~ORTANGELES
WAS H I N G TON, U. s. A.
PLANNING DEPARTMENT STAFF REPORT
April 12, 2000
TO: / 7 Planning Commission
FROM: ~id Sawyer, Se~ior Planner
FILE #: CUP 00-03
APPLICANT:
OWNER:
LOCATION:
REQUEST:
Highland Courte - Tim German
City sf Port Angeles s/:~
17'v
1704 Melody Circle
Establish a private chemical dependency treatment facility in the RHO zone
RECOMMENDATION
Staff recommends the Planning Commission deny Conditional Use Permit (CUP)
00-03 based on the findings and conclusions listed in Attachment A.
THE PROPOSAL
The applicant is proposing to establish a "private hospital" providingintensi~e
inpatient chemical dependency trea1ment. The applicant describes the facility
as providing professional and affordable treatment services for up to 50 men and
women based on the "1,2 Step Recovery Minnesota ModeL" Treatmentwill consist
of group, individual, and family therapy and'includes lectures, video presentations
.and professional guided group therapy. Although the application also included
"mental health triage and stabilization services," the applicant has stated these
serVices are no longer part of the application. The submitted application is
attached as Attachment B. '
ANAL YSIS
The facility is located at 1704 Melody Circle. The 2% acre site is located in an existing
residential district with a mixture of single family homes, multi-family apartments
and senior housing developments. The existing building and grounds were
constructed and opened in 1999 as a 42 unit assisted living facility for residents
with Alzheimer's disease. A CUP was apprbv13d for that particular use in 1997.
The proposed facility will be managed by Northwest Care Services, the same
company that managed the previous Alzheimer's use. It will be a private pay
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Gennar"
April 12, 2000
Page 2
facility and will not be affiliated with any government agency. A "medical director"
will oversee the facility and a staff of 30 employees. Although there will be no
doctors or nurses on staff, the staff will be trained professionals who will work
under the supervision of a licensed medical doctor. The doctor will visit the facility
once a week and be on call for the balance of time.
The average length of stay for a patient will be 28 days. The services do not include
detoxification and admission is voluntary. Visitors will be allowed only on the
weekends and patients will not be allowed outside the facility without a staff
member. The facility's grounds include two yard areas for recreational purposes
secured by six foot high fences.
Although the program may satisfy a court order for treatment, the services are not
in lieu of jail time. Consequently, a patient may choose to leave the program
prior to its completion. If this occurs, the applicant indicates the individual will be
either "driven to the airport, bus station, or picked up by a friend."
CITY DEPARTMENT COMMENTS
The City's Fire Department and Public Works Department both indicated they have
no recommended conditions of approval regarding the application.
The City's Police Department expressed "considerable reservations" regarding
approval of the project in a residential area. In their review of the proposal, the
Police Department noted three local examples of facilities that provided some level
of chemical dependency treatment or counseling and were located in residential
areas. Although somewhat similar, these examples are not comparable with the
proposed project because of additional mental health related patients and
services. The Police Department also referenced three similar treatment facilities
located in other cities. Two of these facilities were also located in residential
areas. The two comparable examples were located in the Cities of Mount lake
Terrace and Kelso, Washington. Chief Scott Smith of Mount lake Terrace stated
the facility had been a major drain on public safety resources and had caused
continued anxiety and stress for many of the neighbors until it finally closed. Chief
Steve Scibelli of the Kelso Police Department stated the existence of the facility in
a residential neighborhood and the,occasional "walking away" of the court ordered
and other patients caused "major problems" for the police department and city.
The, Police Department's Memo is attached as Attachment C.
COMPREHENSIVE PLAN/ZONING REVIEW
Section 17.96.050 of the Zoning Code (Included in Attachment D) describes the
purpose and approval parameters for CUPs. The purpose of a CUP is to
"a.ssure that the maximum degree of compatibility between uses shall be attained."
CUPs may be granted for projects that "are consistent and compatible with the
purpose of the zone. . .,consistent with the Comprehensive Plan, and not contrary
to the public use and interest." A CUP may be denied if the proposal would
"defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimentEll, or hazardous conditions. "
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Planning Department Staff Report
CUP 00-03 (Highland Courte . Tim Gennar
April 12, 2000
Page 3
The proposed project is inconsistent with the City's Comprehensive Plan. The
site's Comprehensive Plan designation is High Density Residential [HDR]. This
designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area and uses. Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category." land Use Ele~ment Goal C and Policy 1 establish the district and
neighborhood concept for residential land use planning in the City and are listed in
Attachment D. Policy C1 states "Although such districts may be composed
primarily of residential uses of a uniform density, a healthy, viable district should
be composed of residential uses .of varying densities which may be augmented by
subordinate and compatible uses. Single family and multi-family homes, parks
. and open spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are aI/legitimate components of district
development and enhancement." A chemical dependency treatment center
treating patients drawn from throughout the northwestern United States is not
subordinate to the surrounding residential district. Nor is its primary purpose to
serve the neighboring residents.
The proposed project may be eligible for a CUP in the RHO zone as a "social
service agency providing 24-hour residential care." As noted previously, the
applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. "
However, an interpretation that the proposed use is eligible for a CUP, in the RHD
zone as a "social service agency providing 24-hour residential care" can be
considered.
The proposed use is incompatible with the adjacent land uses. The proposed use is
located in an established residential district and multi-family/senior housing
neighborhood. It is also in close proximity to existing single-family neighborhoods
to the north. As noted in their memo, the Police Department expressed
"considerable reservations" about the approval of the facility and its potential
detrimental impact at the proposed location. Based on the information provided in
the Police Department's memo and the project's proposed location in an existing
\residential neighborhood, staff feels the proposed use is incompatible with the
. surrounding land uses.
The proposed project is inconsistent with the "Purpose" of the RHO zone. The
purpose of the RHD zone, which is included in Attachment D, states "Compatible
land uses may be aI/owed on Conditional Use Permits but the zone is still
regarded as a residential area, and commercial enterprises are not general/y felt to'
be compatible. " Because the proposed use is considered incompatible with the
surrounding residential uses, approval of a CUP permitting the use would be
inconsistent with the purpose of the RHD zone. .
For parking purposes, the facility would generate a demand similar to a nursing
home and would require one parking space for every three beds. With 50
beds, the facility will require 17 parking spaces, 29 spaces are provided on site.
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Planning Department StaffRcport
CUP 00-03 (Highland Courte - Tim Gennar
April 12, 2000
Page 4
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000. Following
the optional DNS process 0fVAC 197-11-355), the City expected to issue a DNS
for the project. However, during review of the project, the Port Angeles Police
Department identified adverse secondary effects that occurred for similar
developments in Mountlake Terrace and Kelso, Washington. Based on these
comments, the SEPA Responsible Official reconsidered the threshold
determination and concluded that such adverse impacts, even if found to be
significant, could be conditioned or the proposal denied based on the City's
Comprehensive Plan and Zoning Code through the conditional use permit process
and under the SEPA substantive authority in WAC 197-11-660(1)(a).
PUBLIC COMMENTS
42 letters of comment requesting denial of the CUP were received from the public
regarding this application. A petition with 40 signatures opposing the project
was also submitted to the Planning Department. Concerns expressed in the
letters include fears of increased crime and potential impacts on personal safety
and property, increased traffic, decreased property values, and the overall
incompatibility of the proposed use and the existing residences. The public
comment period ran from March 22, 2000 to April 6, 2000. The letters of comment
are included in Attachment E.
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CUP0003.PC1
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Findings and Conclusions
for CUP 00-03
Findings
The following findings are based on the information provided in the April 12,
2000 Staff Report for CUP 00-03, including all of its attachments.
Consideration was also given to the comments and information presented
during the April 12, 2000 public hearing, and the Planning Commission's
discussion and deliberation. Consequently, the City of Port Angeles
Planning Commission hereby finds:
1. The applicant, Highland Courte - Tim German, applied for a
conditional use permit to establish a private chemical dependency
treatment facility in the RHO zone. The application and
supplemental information is identified as Attachment B to the April
12, 2000 Staff Report for CUP 00-03;
2. The applicant describes the facility as providing professional and
affordable treatment services for up to 50 men and women based on
the "12 Step Recovery Minnesota ModeL" Treatment will consist of
group, individual, and family therapy and includes lectures, video
presentations and professional guided group therapy.
3. Although the application also included "mental health triage and
stabilization services," the applicant has stated these services are no
longer part of the application.
4. The project site is located at 1704 Melody Circle.
5. The 2~ acre site is located in an existing residential district with a
mixture of single family homes, multi-family apartments and senior
housing developments.
6. The existing building and grounds were constructed and opened in
1999 as a 42 unit assisted living facility for residents with Alzheimer's
disease. A CUP (CUP 97-13) was approved for the Alzheimer's use
in 1997.
7. The proposed facility will be managed by Northwest Care Services,
the same company that managed the previous Alzheimer's use at
the site. . .
8. The facility will be a private pay facility and will not be affiliated with
any government agency.
9. A "medical di~ector" will oversee the facility and staff of 30
employees.
ATTACHMENT A
Page 1 of 4
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10. There \ be no doctors or nurses on staff, t. staff will be trained
professionals who will work under the supervision of a licensed
medical doctor. The doctor will visit the facility once a week and be
on call for the balance of time.
11. The average length of stay for a patient will be 28 days.
12. The services will not include detoxification and admission will be
voluntary.
13. Visitors will be allowed only on the weekends and patients will not be
allowed outside the facility without a staff member.
14. The facility's grounds include two yard areas for recreational
purposes secured by six foot high fences.
15. Completion of the program may satisfy a court order for treatment,
but the program is not in lieu of jail time.
16. A patient may choose to leave the program prior to its completion.
17. The City's Police Department expressed "considerable reservations"
regarding approval of the project in a residential area in their memo
dated April 5, 2000 and identified as Attachment C to the April 12,
2000, Staff Report for CUP 00-03.
. 18. The Police Department noted two comparable facilities located in the
Cities of Mount Lake Terrace and Kelso, Washington.
19. The Police Department memo referenced Chief Scott Smith of Mount
Lake Terrace who stated the facility had been a major drain on public
safety resources and had caused continued anxiety and stress for
many of the neighbors until it finally closed.
20. The Police Department memo referenced Chief Steve Scibelli of the
Kelso Police Department who stated the existence of the facility in a
residential neighborhood and the occasional "walking away" of the
court ordered and other patients caused "major problems" for the
police department and city.
21. Section 17.96.050 of the Port Angeles Municipal Code states: the
purpose of a CUP is to "assure that the maximum degree of
compatibility between uses shall be attained;" CUPs may be granted
for projects that "are consistent and compatible with the purpose of
the zone. . ., consistent with the Comprehensive Plan, and not
contrary to the public use and interest;" and a CUP may be denied if
the proposal would "defeat the purpose of the Zoning Regulations by
introducing incompatible, detrimental, or hazardous conditions."
ATTACHMENT A
. Page 2 of 4
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22. The sitl Comprehensive Plan designation. iigh Density
Residential [HDR). This designation is "intended for areas where a
higher concentration of residents is compatible with the surrounding
area and uses. Condominiums, apartments, and planned residential
developments are the types of building designs appropriate for this
category. II
23. The City's Comprehensive Plan's Land Use Element Goal C and
Policy 1 establish the district and neighborhood concept for
residential land use planning in the City and are listed in Attachment
o to the April 12, 2000, Staff Report for CUP 00-03.
24. Policy C1 states "Although such districts may be composed primarily
of residential uses of a uniform density, a healthy, viable district
should be composed of resJaential uses of varying densities which
may be augmented by subordinate and compatible uses. Single
family and multi-family homes, parks and open spaces, schools,
churches, day care and residential services, home occupations, and
district shopping areas are aI/legitimate components of district
development and enhancement."
25. The applicant applied for a CUP based on the use as a private
hospital. Upon review of the application, including supplemental
information provided by the applicant, staff does not feel this use
qualifies as a "hospital" use which "specializes in giving clinical,
temporary and emergency services of a medical or surgical nature."
26. The proposed use is located in an established residential district and
multi-family/senior housing neighborhood. It is also in close
proximity to existing single-family neighborhoods to the north.
27. The purpose of the RHO zone states "Compatible land uses may be
aI/owed on Conditional Use Permits but the zone is still regarded as
a residential area, and commercial enterprises are not general/y felt
to be compatible."
28. The City's State Environmental Policy Act Responsible Official
issued a Determination of Non-Significance for the project on April 7,
2000.
29. Following the optional DNS process (WAC 197-11-355), the City
expected to issue a DNS for the Highland Courte CUP 00-03.
Subsequent comments by the Port Angeles Police Department
identified adverse secondary effects that occurred for similar
developments in Mountlake Terrace and Kelso, Washington. Based
on these comments, the SEPA.Responsible Official reconsidered the
threshold determination and concluded that such adverse impacts,
even if found to be significant, could be conditioned or the proposal
ATTACHMENT A
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Conclusions
CUP0003,PC1
denied. ,.;ed on the City's Comprehensive f .1 and Zoning Code
through the conditional use permit process and under the SEPA
substantive authority in WAC 197-11-660(1)(a).
30. 42 letters of comment requesting denial of the CUP were received
from the public regarding this application and a petition with 40
signatures opposing the project was submitted to the Planning
Department. Concerns expressed in the letters include fears of
increased crime and potential impacts on personal safety and
property, increased traffic, decreased property values, and the
overall incompatibility of the proposed use and the existing
residences.
31. The public comment period ran from March 22,2000 to April 6, 2000.
The letters of comment are included in Attachment E to the April 12,
2000, Staff Report for CUP 00-03.
32. The facility will require 17 parking spaces, 29 spaces are provided on
site.
The following conclusions are based on the information provided in the April
12, 2000 Staff Report for CUP 00-03, including all of its attachments.
Consideration was also given to the comments and information presented
during the April 12, 2000 public hearing, the Planning Commission's
discussion and deliberation, and the above listed findings. Consequently,
the City of Port Angeles Planning Commission hereby concludes:
A.
The proposed project is eligible for a CUP in the RHO zone as a
"social service agency providing 24-hour residential care."
B.
A chemical dependency treatment center is not subordinate to the
surrounding residential district. Nor is its primary purpose to serve
the neighboring residents.
C.
\
Based on the information provided in the Police Department's memo
and the project's proposed location in an existing residential
neighborhood, the proposed chemical dependency treatment facility
is incompatible with the surrounding residential land uses.
D.
Because the proposed use is considered incompatible with the'
surrounding residential uses, approval of a CUP permitting the use
would be inconsistent with the purpose of the RHO zone.
E.
Because the proposed use. is not subordinate to the surrounding
residential uses, nor is its primary purpose to meet the daily needs of
the neighboring residents, the proposed project is inconsistent with
the City's Comprehensive Plan Land Use Element Goal C and Policy
1.
ATTACHMENT A
Page 4 of 4
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Date:
To:
From:
Subject:
~ORTANGELES
~. .. .
00 rn@rnuw/~
r - L, j'.
"-.-,. .
~ APR I 02fO) .0
1 J .
PORT ANGELES
_ PLANN!NG DEPARTMENT
WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
April 10, 2000
Dave Sawyer, Senior Planner
:It:..
Tom Riepe, Deputy Chief
Conditional Use Permit - CUP 00-03
Highland Courte - 1702 Melody Circle
Please fmd attached material that was faxed to us from Chief Scott Smith of the Mount Lake
Terrace Police Department. The attachments include the following: #1) a memo from Pam
Wilkinson; #2) 20 criteria standards from a June 9, 1986 Mount Lake Terrace Planning
Commission meeting; #3) a letter to the editor by Ms. Carolyn M. Black; #4) a newspaper article
dated August 5, 1998; and #5) three pages of police calls for service from April 1997 through July
1998.
According to Chief Smith, the center in Mount Lake Terrace started out as a Head Trauma Center
and later evolved into an inpatient "substance abuse treatment center." You will note that the
newspaper article headline is in reference to a "Head Ttaumli Center" but the article does indicate,
to me anyway, that the center was also treating persons for chemical dependency.
During my discussion with Chief Smith he clearly expressed to me that the problems the city, the
neighbors and his department had experienced with the center were definitely related to the
inpatient treatment of chemically dependent persons.
102-00-430
Attachments (5):
~~-07-2000 09:26
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t'.. ~ le\Jfl
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'10UNTLAKE TERRACE POL ICE
425 776 5788
P.01/09
..-,
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Date: '
Time:
To:
Agency:
FAX Number:
Number of Pages:
From:
Comments:
Mi.rsiq" Slttl,IJIml
"With trust. in~gzity
and respect, provide
quality police service
lor a safe
envimnmenr '4lIhik
encouraging 2e~
COmmuairy
participation. ·
-
MOUNTLAKE
TERRACE
FAX TRANSMITTAL COVER
POlice Department
. Stott1 ACCffiClirea ApIII"lCY'
L..\"'7-0o
~.3 0 a ~
-
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--0(~~ 1- '19 () Cj
q . (iqQ!.Idi'lg cO'.C~ ~
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.r... '""""""" ....- ;. 'oriaIy p.......... [(,........ -.. ..... ......... io ...... ""- .."".. "-dl..d, by pho.. ..
(425) 670.8260. If thea: ~ any probL=~ .uh tbia tnnsmission. conUet me immedQrcly.
12nd Street S.w. · Mount/alee Terrace. Washinn+......- non....
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APR 07 2000 09:26
MOUNTLAKE TERRACE POLICE
425 776 5788 P.02/09
-r "lt11.W1 r I - r-
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PAM WILKINSON
To:
ec:
Subject:
Connie Fessler; John..Turner. RON DeMARS; STEVE FOSTER; STEVE SHERMAN
MARV SEABRANDS
Mediplex: 20 Criteria
We have now found the -20 Ballinger Elementary School PropertY' Reuse Criteria- I will put a copy in your
boxes.
On cursory review, almost all relate to wbulk regulations- such as parking, driveway locations, landscaping,
water quality, ... . Re: compatibility, one emerion ....ds:
_ Adequate precautions shall be taken to assure that the Quiet residential character of the adjacent
neighborhood will be protected..
These 20 crieU'ia were recommended by 1I1e Planning Commission to City Council on June 9, 1986. I do
not find reference to the proposed use, or user of the lite. However, the first criterion states that: -The
applicant shall submit a Site Development Plan for review and approval by the City's Planning Commission
for any new use of the Ballinger School propertY which would involve the utilization of twenty.five 125%)
percent or more of the total gross floor area of the existing buildings..
Based on my review of these criteria, I feel the direction we discussed this morning is still viable.
cc: Greg S.
Page 1
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APR-l2l7-2l2ll2ll2l
MOUNTLAKE lERRAC~ POLICE
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425 776 5788
l2l9:26
P.l2l3/l2l9
rLAHHIlIG COHKISSIOR AerIOR
OR .JUKE 9, 1986
BALLINGER BLEMIJITAltY SCHOOL PI.OPlR.T'f
REUSE CR.I.TERIA
On June 9, 1986 tbe Planning Commission moved to recommend to the City Council
acceptance of the B~l1inger Elementary School Property Reuse Criteria es~ablished
by the Ballinger Scbool Reuse Advisory Committee, a final determination' and adoption
of the following criteria:
1. The Applicant sball submit a Site Development Plan for review and approval
by the City's Planning Commission for any new use of the Ballinger School
property which would involve the utilization of tventy-five (251.) percent
01' more of the'total gross floor area of the existing buildings.
2. In order to preserve the recreational and open space amenities of the existing
Ballinger Elementary School playfield as a community resource, future owners
and tenants of this property are encouraged to allov reasonable community
access to use the playfield on a scheduled basis.
3. Landscaping along the Halls Creek area shall be compatible with t.he creek
environment and subject to review and approval by the City's Water Quality
Specialist and Landscape Consultant.
4. All site work and construction shall be designed so as to not adversely affect
the water quality of Halls C~eek and Lake Ballinger.
5. There shall be sight screening landscaping along the vest part of the south
property line and the vest property line to provide a buffer betveen the school
site and adjacent residential properties.
6. Landscaping around the buildings, along the access drivevay and within the
parking areas shall be installed and meet standards outlined in the City's
Zoning Ordinance.
7. Adequate parking space must be provided on sice to serve all of the potential
parking demand generated by the nev use(s) of the site. The Applicant shaU
provide &ufficient data regarding the number of employees. delivery trucks,
visitors, client&, etc. vhich vould come to this site, so as to provide adequate
basis to determine the pocentialparking demand. If overflov parking problems
arise after 'Planning Cotntnission approval of the site plan, the matter \Jill
be referred back to the Planning Commission and the Applicant may be required
to provide additional on-site parking facilities or improvements.
8. The Applicant shall be responsible to submit a Traffic Study for the proposed
reuse of the school property and mitigate any adverse impacts as much as is
feasible.
9. The eastern most driveway to the school site shall be eliminated, so chac
the only access to the site shall be the \Jest driveway.
Q)
APR-137-2131313 139:27 MOUNfLAKE.TERRACEPOLICE
I)>"~IIG COlOlISSIOR ACTIo( , .nnm 9,1986
= fi~ BALLIIIGER EI..EM!lITA.l.l SCBOOL PR.OPER'n REUSE CRITER.IA
r 10. The impervious area of the site shall be minimized as
as to improve &torm to1ater drainage and have a positive
quality of Halls Creek and Lake ~allinger.
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425-776
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P.134/139
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much as possible so
affect on the ~ater
The existing storm drainage problem on the west portion of the south property
line of the school shall be mitigated as much a8 is feasible. The reuse of
the school property shall not in any way worsen the existing stonn drainage
problem.
12. Lighting of the parking area and grounds shall be a low level type which vill
not produce glare onto adjacent residential properties and vill blend vell
with the residential character of the adjacent "neighborhood. The exception
to this would be the playfield area which could have lighting which is typical
of public playfield& for night time scheduling of activities.
11.
13. Any signage of the Ballinger School Property shall conform with the City's
sign regulations for schools as outlined in the Zoning Ordinance.
14. Any remodeling of the exterior of the buildings shall be consistent with the
residential character of the adjacent neighborhood.
15. The grounds and buildings shall be well maintained at all times so as not
to have a blighting influence on surrounding properties.
16. Adequate precautions shall be taken to assure that the quiet Tesidentia1
character of the adjacent neighborhood will be protected.
17. Noise levels ass.ociated with any new use of Ballinger School sha,ll not exceed
t.hat which would otherwise be characteristic of a single-family residential
neighborhood.
18. No construction or site work should be permitted on the eal~ern portion of
the school property which would disturb the steep and potentially unstable
slopes in this area.
19. Only very limited traffic and activity should be permitted at this site after
10:00 p.m., daily. Noise generated by future use of the Ballinger School
property should be minimized as much as possible between the hours of 10:00
p.m. and 7:00 a.m.
20. Subject to review and approval by the Planning Commission, future owners of
the Ballinger School Property may be allowed to increase the existing total
gross ifloor area of the buildings by no more than fifteen (lS~) percent.
BW
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RPR-07-2000 09:27
MOltoITLAKE TE~RCE POLl CE
~ednesdav. January 20.1999 THE ENTF.1lPR1U:
proted clti~en5, don't ~ ~ to "c mon: ""neemed
.. d f d d i" in proteCting their decIsions than
JUst e en ec slons their citizens.
To The Enterprise editor.
My neighbors and 1 are still VeJY Carolyn M. Black
upset about the dealings that we had Moun1l8ke Terrace .
with our city govenunent and
employees.
Earlier this year.. after several
frightening episodes in the neigh-
bomood we did some investigating
'Z into the ~ci1itY called Medi-Plex
Rehab. This facility started out as
New Medea. They bought the old
Ballinger ElementarY i School.
impro...ed the pro~rty and together
with the city established a neighbor-
hood eommittee to address con-
cems of the residents regarding the
use of the facility and the impaCt on
the area. Pennits were issued and
the neighborhood concerns were
addressed and included in the docu-
mentation. We felt secure.
A feW years later New Medc()
sold the facility to the current own-
ers. At a neighborhood open house
we were assured that the current
owners were doing the same work
that New Medco had done and there
was no reason not to believe them.
In the last year or so things have
changed including the clientele at
this facility. Several meetings were
held both within the neighborhood
and with people from this facility
and our city government personnel
and employees. The outcome of all
of this was. because the' neighbor-
hood committee Concerns were not
spelled out to include every possible
eventuality that could occur, in other
words. we did not hire a 1a~er to
define in minute detail the only uses
and patient qualifications that we
would deem acceptable. the city
licensed the facility to provide ser-
vices to clientele to which we would
never have agreed. Those of us who
were on the. original neighborhood
committee were surprised that the
city saw no problem with this. We
thought that the things agreed to
were understood in deed as well as
intent. .
It is with regret that we enter this
new year with the feeling that the
people that we have to protect our-
sel...es from are the very people we
thought would have our best inter-
ests at heart. Our neighborhood
does not have the money to hire a
lawyer to fight this company. which
nowisa~o!averylargenanon~
organization with very deep pockets.
we still feel that the clientele housed
there should not be housed in a regi.
dential neighborhood.
.. lu1 .\....t tl... nnmnal agreement
425 776 5788
P.05/09 -
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made between the city~ New MeQCQ
and the neighb ')od committee
was fair. The int...-.. as well as the
language was understood and
agreed to by all. including the city
attorney. However. current city per'
---------
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Wednesday, August 5, .1998 THE ENTERPRISE . ...
Head trauma centet4S^gettingout of hand, neigh~~rs say
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',I drug and alcohol rebab.i1itatiOD center for . name change, SunHealth Resi-
adults and youth. dcntial Treatment Cenler," the
"fbe original intenlof use, agreed upon facllily's administrator, Dave
,. ': between the citizens of this neighborhood Watkins said A new sign will be
. MOUNTLAKE TE~CE - Some res-I. and city management, was to treat head put up soon and though Ule.
ide!l~ next to the Mediplex bead trauma injured people only," Klinke said. name has changed what they do
~cility on .226th Pla.ce Southwestlnld the He and others believe c~anges. have inside is still the same, he said. .
elf co';U'ci1 00 Aug. .3, they are concerned been allowed lo happen, qwetiy, Wlll10ut "Currently, we serve individu-
for their safety after, .they have; been con-I pub8c input or notification' of tbe sur~ als with Brain/N eurologica1 Oi9-
fronted more ~an on~ by patients of the rounding home owners, he said. ., orders. We do so in a residential
treatment center.. . ,'A recent change of their business treatmenl environment,"
One woman explained how one day she ~ license on June" with the city and the cJD. Watkins said, just as they have in
.cw.n~. upon _.3 ~an i.ns!de of her hou~ ~ ferent confrontation9,:With.' patients,. arid the past
~Vit.OO ~~~,at,Uie. top of her stairs I employees of the ~.tyhave left.)ilany As far ~s whether or ~ot they
Just mum~~, . ~..9a1d. Her husband; home owners "paranOId." one netghbor ,are treating people Wlth s'fb-
was out Side . moWIng the yard, so she I said. . r stance abuse problems, Watkins
asked the man ~hat he wanted, after more l residents are afraid to leave a door :I said "no."
mumbling he left and she hurriedly locked ',unloc}<ed window open or just sit in their ''We are nol treating crimi-
the door be~dhim ~d caned the police. . yard." ' , nals. drug. and a1c~bol depe~
~ther. ne~~~o,rs llave bad ~ifferent According to Mediplex The business:, den~, .0: mvo!untarily conumt.
pa~enls 10 !h~ yard and h3!e Wltnessed has not changed but the name has, it is' ted m~dual8. .
patients beIDg apprehended m the street now named The Sunrise Residential Treal. Questions have been nused
by en1,Ployeesof the facility, some said: ment Center, The name was changed "in by residents about why. the
. NClghbors: I~s:h, ,as Bernhard Klinke employees "go after" the patients
~31d that he ahtr.others believe the facility in the street if they are there vol-
IS no longer treating head trauma patients. untarily. Officials from the fa~U.
ty said the individual's unusual,
confused behavior is a response
from the treatmenL
''From time to lime, our
c1ieots leave the facility. Howev-
er, they are noL necessarily say-
ing they want to leave," Watkins
said. '
The employees "safely return
lhe 'individuals Lo our facility
where we may better assess
their status and what actions
need to be taken," he said.
'Ibis could include discharge
or transfer to another facility if
_____~..:ft,~ h... ".trt...t
By Shannon Sessions
Enterprise writer
8
. the Concerns, havemel With the
officials from tbidacllily and are
looking into whether or Dot the
facility is legany operating withln
their land use regulations, the
city manager, 'Connie Fessler
said. . or.
., waS encouraged by the'~D-
cern Mediplex. bas 00 :this
issue," Fesslet said.
Apparently some residentS: do
not believe the lacilitfs cladns,
and have said they have ta1Ited
with an employee of the faCUity.
who's. name they will not'1Be-
close. who told them the facility
was treating people, e~y
young people, with 9ubs~ce
abuse problems, Klinke saiet ~
Another resident said~' 'the
facility already has a law r ~uil
pending because of some aneted
sex offense. Though these :~e-
gations have no proof tu them at
this point. the residents want
answers from both the faCility
and the city as soon as possible.
Either way, the facility's'rel.
tionship with the' neighborhood
needs to be addressed, the-'aty
manager said. Along with work-
ing with the city the facilitr.:has
set up a neighborhood hotline
number for resident's queslions
and concerns, . (425) 612.9323
extension .230, a reply will be
made within 72 business hours,
officials said.
"I think Mediplex and the city
need to take this seriously,"
Fessler said. "People tend to.fear
what they don't know." .,;
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APR-07 2000 09:28
MOUNTtAKE TERRAGE POLICE
425 776.. 5788 P. 07/09
.-
I
-- LOCATION SEARCH --
~~~;~~~~~ ~;~~-;;~-~~-;~~-~~~~~~;~~-;;~~;~;:-~;-;~;;;--------i\F\~~~--\~~--~
+ DETAILS (5) ----------------------------------------------------~---j2..------+
~g~~~5 :~~y ge-~:I9# 07/~:~~q98 I~~:8 ~tatus ASLT 4 Note
~PIAR* MTP J98-2419 1)7/18/1993 14:47 JUVREF JIMERSON, JOHN JOHN
~IAR MTP J98-2419 07/16/1998 14:47 JUVREF ASSAULT 4
IPIIN MTP 98-2371 07/13/1998 22:56 R MENTAL
PIAR* MTP J98-22Z0 07/01/1998 18:15 JUVREF JIMERSON, JOHN JOHN
IPIAR MTP J98-2220 07/01/1998 18:15 JUVREF ASSAULT 4
_PIIN MTP 98-2220 07/01/1998 17:16 A ASLT 4
PIIN MTP 98-2104 06/23/1998.13:08 R ASLT 4
PIAR MTP J98-2104 06/Z3/1998 13:15 JUVREF ASSAULT 4+1
IXNID* IDT 57~504104 06/18/1998 MCGHEE, MICHAEL E
IPIIN MTP Cf8-20SI) (16/18/19Cfe 15:14 R THEFT2
PIIN MTP 98-1CfZ2 06/0Cf/1998 17:41 R RUNAWAY
IPIIN+ MTP 98-1922 06/0Cf/19Cf8 17;41 R BREITKRUETZ, LEIGHANN
IPMLP MTP 6691 06/04/1998 CURRNT BUS
PIIN MTP 98-1733 OS/23/1998 08:57 R MtSSNG PER
~------------------------------------------------------------------------------+
I(SnOhOlTlish County, washir'IC1'\:'onJ-----------------------[PRC Publi': 5ector~ Inc.]-
--> 1=CALL FORM 2=CALLTRAF
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~\--v ~...(VJ\
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~c.::>
8J
APR-07-2000 09:29
MOUNTLRKE TERRACE POLICE
425 776 5788 P.08/09
?-
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-- LOCATION SEARCH --
IIL~~~~:~~~ ~;~~-;;~-;~-~~:-~~~~~~~;~-~~;~~~~:-~~-;~~;;-------------------------~
+ DETAILS (S) -----------------------------------------------------------------+
_Class Agcy Rei #- Ihte Time st:;\'tus Note I
PIIN MTP 98-1733 OS/23/1998 08:57 R MISSNG PER
PIIN* MTP 98-1733 OS/23/1998 08:57 R ANDREWS, PETER NMI I
IXNID* lOT 7762317 05/18/1998 SUN ALLIANCE HEALTHCARE SERVII
IXNID* HIT 562907953 05/16/1996 WILLIAMS, DEONTE,NMI
PIIN* MTP 98-1650 05/16/1998 11:42 R ANDREWS! PETER NMI
IPIIN MTP 98-1650 05/16/1998 11:42 R JUVENILE
IIPIIN* MTP 98-1598 05/12/1998 13:17 C DOOLITTLE, VINCENT
\PIIN MTP 96-1596 05/12/1998 13:17 C ADA
IPMLP MTP 6616 03/30/1998 CURRNT BUS.
\XNIO* lOT 574748136 03/29/1998 LOCKWOOD, LEMAN A
I'PIIN MTP 98-1105 03/29/1998 14:31 R DISTURB
\PIIN* MTP 98-1105 03/29/1998 14;31 R VARE5CHI, MICHAEL
IXNIO* IDT 535822699 03/24/1998 AMES~ DAVID S
I'PIIN MTP 98-889 03/13/1998 15:08 R AOA
IPIIN* MTP 98-889 03/13/1998 15:08 R LOCKWOOD! LEMAN A I
+--------------------------------------------------.----------------------------+
l-csnOhomiSh County, Washington]-----------------------[PRC Public S~ctor, Inc.J-
---) l=CALL FORM 2=CALL TRAF
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APR 07 2000 09:29
MOUNTLAKE'TERRACE POLICE
425 776 5788 P.09/09
--
....
I
-- LOCATION SEARCH --
IJL~~;~~~~~ ~;~~-;;~-~~-~~~-~~~~~~~~~-~~~~~~~~-~~-;~~~;-------------------------~
+ DETAILS (S) -----------------------------------------------------------------~
11Cl~SS Agcy Ref # Date Time Status Note
IPIIN MTP 98-889 03/13/1996 15:08 R ADA
IPIIN* MTP 98-889 03/13/1998 15:08 R LOCKWOOD, LEMAN A
IXNID* lOT 585729899 03/00/1998 HENNINGSEN, MICHELLE A
IIPIIN+ MTP 98-814 03/06/1998 07:34 R LOCKWOOD, LEMAN A
\PIIN MTP 98-814 03/06/1998 07:34 R RAPE
IPIIN+ MTP 98-814 03/06/1998 07:34 R PULLIAM, KATRINA
IIPIIN+ MTP 98-27 01/03/1998 18:02 R MERCULIFF, ANTHONY NMI
IPIIN MTP ~8-27 01/03/1998 18:02 R DISTURB
IPIIN* MTP 97-2537 07/24/1997 13:57 R WI~KIN, DAVID W
lXNID+ lOT 023481482 07/03/1997 ATCHISON, STEPHANIE A
IIPIIN+ MTP 97-1650 05/~b/1997 20:14 R WHITTLESEY, JOSH 3
lPIIN~ MTP 97-1496 05/04/1997 12:29 A SAMOVILLE, LOUIS EDWARD
IPIIN* MTP 97-1491 05/03/1997 12:54 R SAMDVILLE, LOUIS EDWARD
IIXNID* IDT 533387438 04/06/1997 FROST, DENNIS WAYNE
I"PIAR* MTP J97-1164 04/06/1997 11:45 JUVREF SAMOVILLE, LOUIS EDWARD
+------------------------------------------------------------------------------+
1--[~nOhOmish County, Washingtcr,J-----------..-----------[PRC Public: Sector, Inc.J-
--) 1=CALL FORM 2=CALL TRAF
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TOTAL P.09
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ATTACHMENT 0
Page 1 of2
City of Port Angeles
Comprehensive Plan References
Land Use Element Goal
c. To have a community of viable districts and neighborhoods
with a variety of residential opportunities for personal
interaction, fulfillment and enjoyment, attractive to people of all
ages, characteristics and interests.
Policies
1. Residential land should be developed on the district
and neighborhood concept. Although such districts
may be composed primarily of residential uses of a
uniform density, a healthy, viable district should be
composed of residential uses of varying densities which
may be augmented by subordinate and compatible
uses. Single family and multi-family homes, parks and
open-spaces, schools, churches, day care and
residential services, home occupations, and district
shopping areas are all legitimate components of district
development and enhancement. A neighborhood
should be primarily composed of low, medium, or high
density housing.
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City of Port Angeles
Zoning Code References
Conditional Use Permits
17.96.050 Conditional Use Permit
A. The Planning Commission or Planning Director shall
consider applications for Conditional Use Permits of uses as
specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission or Planning Director may grant said permits
which are consistent and compatible with the purpose of the zone in
which the use is located, consistent with the Comprehensive Plan,
and not contrary to the public use and interest. The Planning
Commission or Planning Director may refuse to issue a Conditional
Use Permit if the characteristics of the intended use as related to the
specific proposed site are such as would defeat the purpose of these
Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions.
B. In each application the Planning Commission or
Planning Director may impose whatever restrictions or conditions
they consider essential to protect the public health, safety, and
welfare, and to prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a
Conditional Use Permit shall be to assure that the maximum degree
of compatibility between uses shall be attained. The purpose of
these regulations shall be maintained with respect to the particular
use of the particular site and in consideration of other existing and
potential uses within the general area in which such use is to be
located.
D. The federal Fair Housing Act requires that reasonable
accommodations be made in rules policies, practices, or services,
when such accommodations may be necessary to afford disabled
people equal opportunity to use and enjoy a dwelling. The Planning
Commission is therefore authorized to make accommodations in the
consideration of Conditional Use permits for group homes for
disabled persons as defined in the federal Fair Housing Act, when
the Commission determines that such accommodations reasonably
may be necessary in order to comply with such act. (Ord. 2861 ~1
(part), 3/17/95; Ord. 2668 ~12 (part), 1/17/92; Ord. 1709 ~1 (part),
12/22170)
RHO Zone
17.15.010 Purpose. This is a high density residential zone for multi-
family residential structures. Compatible uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential
area, and commercial enterprises are not generally felt to be
compatible. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~3, 10/17/92;
Ord. 2668 ~3 (part), 1/17/92; Ord. 2652 ~5 (part), 9/27/91; Ord. 2636
~9 (part),. 5/15/91)
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~ORTANGELES
WAS H I N G TON, U. s. A.
PLANNING DEPARTMENT STAFF REPORT
DATE:
TO:
FROM:
May 10, 2000
FILE#:
Planning Commission
Brad Collins, Planning Director ~
CUP 00-03
APPLICANT:
Highland Courte - Tim German
OWNER:
Same
LOCATION:
1704 Melody Circle
REQUEST:
Conditionally permit a private chemical dependency treatment facility in the
RHD zone
RECOMMENDATION
Staff recommends the Planning Commission consider conditions for approval of
. Conditional Use Permit (CUP) 00-03 based on the conditions, findings, and
conclusions listed in Attachment A2.
THE PROPOSAL
The applicant is proposing to accept certain conditions for establishing an
intensive inpatient chemical dependency treatment center in a residential
area. The applicant's consultant Landon Kimbrough has provided a supplemental
report identifying five comparable type facilities.. This supplemental report is
attached as Attachment 82.
ANALYSIS
Northwest Care Services, the same company that managed the previous
Alzheimer's use, will manage this new chemical dependency treatment use
subject to a number of conditions intended to mitigate concerns raised in
the Police Department reports land by neighboring residents. The purpose of
a conditional use permit is to proyide limited permission to locate a particular use
at a particular location, and which limited permission is required to modify the
controls stipulated by the Zoning regulations in such degree as to assure that the
. particular use shall not prove detrimental to surrounding properties, shall not be in
conflict with the Comprehensive Plan,and shall not be contrary to the public
interest (PAMC 17.08.020.C). The proposed conditions have been developed by
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa
May 10. 2000
Page 2
the Planning Department staff and the applicant to address the concerns that have
been raised by staff comments and public testimony. The Planning Commission
must decide whether there are conditions which may limit the permission to locate
this particular use at this particular location.
The primary concerns that have been raised by staff comments and public
testimony can be categorized as law enforcement incident responses,
neighborhood public safety fears, and incompatible nonresidential uses. In
other cases, the law enforcement service calls appear to be related to assaults
occurring inside treatment facilities or walkaways and are associated with youth
rather than adult patients. The neighborhood fears involve concerns about
patients who have been convicted of violent or sexual crimes or have co-occurring
mental health diagnoses. The staff determined that the proposed 28 day inpatient
chemical dependency treatment program was a nonresidential use and
understood that the majority of patients would be from throughout the region and
not from adjacent residential areas. Conditions have been developed by the
Planning Department staff and the applicant to specifically address these
particular issues.
Nine conditions are proposed to modify the controls stipulated by the Zoning
regulations limiting permission to locate this inpatient chemical dependency
treatment center in the Highland Communities neighborhood. First, the
particular use being conditionally permitted is Highland Courte, a private inpatient
chemical dependency treatment center. Second, the chemical dependency
treatment center services shall not include detoxification, and admission must be
voluntary and cannot be in lieu of jail time (specifically excluded from admission
will be those persons ordered to any type of "locked down" treatment). Third, the
treatment center shall serve only adult patients. Fourth, the treatment center shall
not admit persons convicted of violent or sexual crimes. Fifth, the treatment center
shall not admit persons with coexisting disorder (individuals with both a mental
health diagnosis and a chemical dependency diagnosis in accordance with the
Diagnostic Statistical Manual, DSM IV). 'Sixth, visitors will be allowed only inside
the facility and only on the weekends from 8 am to 6 pm, and a patient will not be
allowed outside the facility without being in the company of a staff member.
Seventh, because admission is only voluntary and a patient may choose to leave
the program prior to completion, individuals who do not successfully complete the
treatment program shall be either driven by a staff member to the airport or
downtown bus station or picked up by an adult family member or other responsible
party. Eighth, a substantiaL number of patients shall be residents of the Port
Angeles area. Ninth, Highland Courte shall be receive advice and community
input from an advisory board comprised of the Executive Director and a group of
volunteer community members, including volunteers invited from the surrounding
residential neighborhood.
CITY DEPARTMENT COMMENTS
The City's Police Department reviewed the additional information provided by the
applicant's consultant Lanstatlnc. and still has reservations regarding
~pproval of the project in a residential area. Follow-up inquiries with local law
enforcement officials about the five new comparable facilities offered by Landon
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa
May 10. 2000
Page 3
Kimbrough do not provide conclusive evidence that the proposed chemical
dependency treatment center will not present the types of law enforcement and
public safety problems identified in the Police Department's comments. Two new
Police Department's Memos are attached as Attachment C2.
COMPREHENSIVE PLAN/ZONING REVIEW
Section 17.08.020.E of the Zoning Code (included in Attachment 02) describes the
definition of a Conditional Use Permit. The definition of a CUP states is a
limited permission to locate a particular use at a particular location, and which
limited permission is required to modify the controls stipulated by the Zoning
regulations in such degree as to assure that the particular use shall not prove
detrimental to surrounding properties, shall not be in conflict with the
Comprehensive Plan, and shall not be contrary to the public interest.
Section 17.96.050 of the Zoning Code (included in Attachment 02) describes the
purpose and approval parameters for CUPs. The purpose of a CUP is to
"assure that the maximum degree of compatibility between uses shal/ be attained. "
CUPs may be granted for projects that "are consistent and compatible'with the
purpose of the zone. . .,consistent with the Comprehensive Plan, and not contrary
to the public use and interest." A CUP may be denied if the proposal would
"defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions. 11
The proposed project can be made consistent with the City's Comprehensive Plan.
The site's Comprehensive Plan designation is High Density Residential [HDR].
This designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area add uses. Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category. 11 Land Use Element Goal C and Policy C 1 establish the district and
neighborhood concept for residential land use planning in the City and are listed in
Attachment 02. Policy C1 states "Although such districts may be composed
primarily of residential uses of a uniform density, a healthy, viable district should
be composed of residential uses of varying densities which may be augmented by
subordinate and compatible uses. Single family and multi-family homes, parks
and open spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas areal/legitimate components of district
development and enhancement. 11 A chemical dependency treatment center
treating patients drawn from a substantial local population in need of these
services can be found to support the surrounding residential district. The applicant
has reported that there are 3,901 Clallam County adults who are in need of
ch.emical dependency treatment.
The proposed project may be eligible for a CUP in the RHO zone as a Ilsocial
service agency providing 24-hour residential care." As noted previously, the
applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. 11
However, an interpretation that the proposed use is eligible for a CUP in the RHO
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa
May 10, 2000
Page 4
zone as a "social service agency providing 24-hour residential care" can be
considered,
The proposed use without adequate controls may be incompatible with the
adjacent land uses, and conditional use permit approval is specifically
limited to this particular use as conditioned (any new or expanded uses
including ad.ditional services and other admission criteria will require a new
CUP approval). The proposed use is located in an established residential district
and multi-family/senior housing neighborhood, It is in close proximity to existing
single-family neighborhoods to the northeast and southeast. As noted in their
memos, the Police Department has reservations about the approval of the facility
and its potential detrimental impact at the proposed location. Based on the
information provided in the Police Department's memos and the supplemental
information received from Lanstat Inc. on May 2, 2000, the Planning Commission
must determine whether there are conditions which are adequate to control the
detrimental impact of proposed use on the surrounding residential land uses.
The proposed project without adequate controls may be inconsistent with the
"Purpose" of the RHO zone. The purpose of the RHD zone, which is included in
Attachment D2, states "Compatible land uses may be allowed on Conditional Use
Permits but the zone is still regarded as a residential area, and commercial
enterprises are not generally felt to be compatible." Because the proposed use is
considered a nonresidential use, it must be found to serve the surrounding
residential uses to be compatible with the purpose of the RHD zone.
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000. Following
the optional DNS process (WAC 197-11-355), the City expected to issue a DNS
for the project. However; during review of the project, the Port Angeles Police
Department identified adverse secondary effects that occurred for similar
developments in Mountlake Terrace and Kelso, Washington. Based on these
comments, the SEPA Responsible Official reconsidered the threshold
determination and concluded that such adverse impacts, even if found to be
significant, could be conditioned or the proposal denied based on the City's
Comprehensive Plan and Zoning Code through the conditional use permit process
and under the SEPA substantive authority in WAC 197-11-660(1)(a).
PUBLIC COMMENTS
Since the continuation of the public hearing to May 10, 2000, two letters of
comment requesting denial of the CUP were received from the public
regarding this application. These two letters of comment are included in
Attachment E2 as well as a letter received after April 6, 2000.
CUP0003SWPD
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Ai iACHMENT A2
Page 2 of 5
Findings
The following findings are based on the information provided in the April 12 and
May 10, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and information presented during
the April 12 and May 10, 2000, public hearings, and the Planning Commission's
discussion and deliberation. Consequently, the City of Port Angeles Planning
Commission hereby finds:
1. The applicant, Highland Courte - Tim German, applied for a conditional use
permit to establish a private chemical dependency treatment facility in the
RHD zone. The application and supplemental information are identified as
Attachment 8 to the April 12, 2000, Staff Report and Attachment 82 to the
May 10, 2000, Staff Report for CUP 00-03;
2. The applicant describes the facility as providing professional and affordable
treatment services for up to 50 men and women based on the "12 Step
Recovery Minnesota ModeL" Treatment will consist of group, individual,
and family therapy and includes lectures, video presentations and
professional guided group therapy.
3. Although the application also included "mental health triage and
stabilization services," the applicant has stated these services are no longer
part of the application.
4. The project site is located at 1704 Melody Circle.
5. The 2% acre site is located in an existing residential district with a mixture of
single family homes, multi-family apartments and senior 'housing .
developments.
6. The existing building and grounds were constructed and opened in 1999 as
a 42 unit assisted living facility for residents with Alzheimer's disease, A
CUP (CUP 97-13) was approved for the Alzheimer's use in 1997.
7. The proposed facility will be managed by Northwest Care Services, the
same company that managed the previous Alzheimer's use at the site.
8. . The faQility will be a private pay facility and will not be affiliated with any
government agency..
. .
9. A "medical director" will oversee the facility ~nd staff of 30 employees.
10. There will be no doctors or nurses on staff, the staff will be trained
professionals who will work under the supervision of a licensed medical
doctor. The doctor will visit the facility once a week and be on call for the
balance of time.
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Ai fACHMENT A2
Page 1 of 5
Findings and Conclusions
for CUP 00-03
Conditions
1. The particular use being conditionally permitted is Highland Courte, a
private inpatient chemical dependency treatment center.
2. The chemical dependency treatment center services shall not include
detoxification, and admission must be voluntary and cannot be in lieu of jail
time (specifically excluded from admission will be those persons ordered to
any type of "locked down" treatment).
3. The treatment center shall serve only adult patients.
4. The treatment center shall not admit persons convicted of violent or sexual
crimes.
5. The treatment center shall not admit persons with coexisting disorder
(individuals with both a mental health diagnosis and a chemical dependency
diagnosis in accordance with the Diagnostic Statistical Manual, DSM IV).
6. Visitors will be allowed only inside the facility and only on the weekends
from 8 am to 6 pm, and a patient will not be allowed outside the facility
without being in the company of a staff member.
7. Because admission is only voluntary and a patient may choose to leave the
program prior to completion, individuals who do not successfully complete
the treatment program shall be either driven by a staff member to the airport
or downtown bus station or picked up by an adult family member or other
responsible party.
8. A substantial number of patients shall be residents of the Port Angeles
area.
9. Highland Courte shall be receive advice and community input from an
advisory board comprised of the Executive Director and a group of
volunteer community members, including volunteers invited from the
surrounding residential neighborhood.
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10. Highland Courte shall not seek additional licensing of other treatment
authorities without applying for and obtaining City approval.
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Ai fACHMENT A2
Page 3 of 5
12. The average length of stay for a patient will be 28 days.
12. The services will not include detoxification and admission will be voluntary.
13. Visitors will be allowed only on the weekends and patients will not be
allowed outside the facility without a staff member.
14. The facility's grounds include two yard areas forrecreational purposes
secured by six foot high fences.
15. Completion of the program may satisfy a court order for treatment, but the
program is not in lieu of jail time.
16. A patient may choose to leave the program prior to its completion.
17. The City's Police Department reviewed the proposed project and made
comments in memos dated April 5, 2000, and identified as Attachment C to
the April 12, 2000, Staff Report and dated May 3,' 2000, and identified as
Attachment C2 to the May 10, 2000, Staff report for CUP 00-03.
18. The Police Department contacted local law enforcement officials related to
similar facilities located in the Cities of Mountlake Terrace, Kelso,
Aberdeen, YakimalYakima County, Monroe, Kirkland/King County,
Olalla/Kitsap County, and Lacey Washington.
19. The Police Department memos expressed reservations about public safety
impacts experienced in other communities occurring with the proposed
inpatient chemical dependency treatment center at this location in a
residential area.
20. Section 17.08.020(E) of.the Port Angeles Municipal Code states: the
definition of a Conditional Use Permit is "a limited permission to locate a
particular use at a particular location, and which limited permission is
required to modify the controls stipulated by the Zoning regulations in such
degree as to assure that the particular use shall not prove detrimental to
surrounding properties, shall not be in conflict with the Comprehensive
Plan, and shall not be contrary to the public interest."
21. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose
of a CUP is to "assure that the maximum degree of compatibility between
uses shall be attained;" CUPs may be granted for projects that "are
consistent and compatible with the purpose of the zone. . " consistent with
the Comprehensive Plan, and not contrary to the public use and interest;"
and a CUP may be denied if the proposal would "defeat the purpose of the
Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions. "
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Ai fACHMENT A2
Page 4 of 5
22. The site's Comprehensive Plan designation is High Density Residential
[HDR]. This designation is "intended for areas where a higher
concentration of residents is compatible with the surrounding area and
uses. Condominiums, apartments, and planned residential developments
are the types of building designs appropriate for this category."
23. The City's Comprehensive Plan's Land Use Element Goal C and Policy C1
establish the district and neighborhood concept for residential land use
planning in the City and are listed in Attachment 0 to the April 12, 2000,
Staff Report and Attachment 02 to the May 10, 2000, Staff Report for CUP
00-03.
24. Policy C1 states "Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be
composed of residential uses of varying densities which may be augmented
by subordinate and compatible uses. Single family and multi-family homes,
, parks and open spaces, schools, churches, day care and residential
services, home occupations, and district shopping areas are aI/legitimate
components of district development and enhancement. 11
25. The applicant applied for a CUP based on the use as a private hospital.
Upon review of the application, including supplemental information provided
by the applicant, staff does not feel this use qualifies as a "hospital" use
which "specializes in giving clinical, temporary and emergency services of a
medical or surgical nature. 11
26. The proposed use is located in an established residential district and multi-
family/senior housing neighborhood. It is in close proximity to existing
single-family neighborhoods to the northeast and southeast.
..
27. The purpose of the RHO zone states "Compatible land uses may be
aI/owed on Conditional Use Permits but the zone is still regarded as a
residential area, and commercial enterprises are not generally felt to be
compatible. 11
28. The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000.
29. Following the optional DNS process (WAC 197-11-355), the City expected
to issue a DNS for the Highland Courte CUP 00-03. Subsequent comments
by the Port Angeles Police Department identified adverse secondary effects
that occurred for similar developments in Mountlake Terrace and Kelsd,
Washington. Based on these comments, the SEPA Responsible Official
reconsidered the threshold determination and concluded that such adverse
impacts, even if found to be significant, could be conditioned or the
proposal denied based on the City's Comprehensive Plan and Zoning Code
through the conditional use permit process and under the SEPA substantive
authority in WAC 197-11-660(1)(a).
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Ai fACHMENT A2
Page 5 of 5
/
30. 45 letters of comment requesting denial of the CUP were received from the
public regarding this application, and a petition with 40 signatures opposing
the project was submitted to the Planning Department. Concerns
expressed in the letters include fears of increased crime and potential
impacts on personal safety and property, increased traffic, decreased
property values, and the overall incompatibility of the proposed use and the
existing residences. The letters of comment are included in Attachment E
to the April 12, 2000, Staff Report and Attachment E2 to the May 10, 2000,
Staff Report for CUP 00-03.
31. The public comment period ran from March 22, 2000 to April 6, 2000.
32. The facility will require 17 parking spaces, 29 spaces are provided on site.
33. The applicant has reported that there are 3,901 Clallam County adults who
are in need of chemical dependency treatment.
Conclusions
The following conclusions are based on the information provided in the April 12
and May 10, 2000, Staff Reports for CUP 00-03, including all of the attachments.
Consideration was also given to the comments and information presented during
the April 12 and May 10, 2000, public hearings, and the Planning Commission's
discussion and deliberation. Consequently, the City of Port Angeles Planning
Commission hereby concludes:
A. The proposed project is eligible for a CUP in the RHO zone as a "social
service agency providing 24-hour residential care. "
B. . As conditioned, the chemical dependency treatment center is subordinate
to the surrounding residential district and may be found to serve the
neighboring residents and to be compatible with the surrounding residential
land uses.
C. Based on the information provided in the Police Department's memos and
the project's proposed location in an existing residential neighborhood, the
reservations of the Police Department may prove to be unfounded for the
proposed chemical dependency treatment center as conditioned.
D. The proposed use with adequate controls is compatible with the adjacent
land uses, and conditional use permit approval is specifically limited to this
particular use as conditioned (any new or expanded uses including
additional services and other admission criteria will require a new CUP
approval).
E. With adequate controls, the proposed use can meet the daily needs of the
neighboring residents and is consistent with the intent the RHO zone and
the City's Comprehensive Plan Land Use Element Goal C and Policy C1.
CUP0003SWPD
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tr+tD-eh meni C 2-
~ORTANGELES
WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
Date:
May 3, 2000
To:
Brad Collins, Planning Director
..:11<-
Tom Riepe, Deputy Chief
From:
Subject:
Conditional Use Permit - CUP 00-03
Highland Courte
-
Thank you for forwarding us a copy of Mr. Kimbrough's report, and asking if Mr. Kimbrough's additional
information changes our original report to the Planning Commission. The original report documented
conversations with the police chiefs of three separate jurisdictions and conveyed their comments. We
believe it is accurate. Some of the information in Mr. Kimbrough's report would seem to refute the
information we obtained from the Kelso and Mount Lake Terrace Police Chiefs.
After reviewing Mr. Kimbrough's report, Detective Mike Hall also conducted a brief telephone survey. A
copy of his report is attached. Rather than comment on Mr. Kimbrough's report, we request you review
Detective Hall's report and use it, along with our initial report, and Mr. Kimbrough's report as a base of
reference for a determination of further action. The information, mostly anecdotal, we received from the two
brief telephone surveys do not allow us to make a definitive recommendation to you.
In our conclusion of the first memo we sent to the Planning Department on AprilS, 2000, we stated that the
police department has, "considerable reservations regarding the operation of a 50-bed inpatient chemical
dependence treatment facility in a residential neighborhood." This recommendation was primarily based on
the experiences conveyed by the aforementioned jurisdictions.
Mr. Kimbrough's report has much more information than the original CUP application and Detective Hall's
report contains some additional information. . Our experience with residential treatment centers is limited.
Our reservations could prove to be unfounded. As stated above, we request that you use the information we
have provided to you as a base of reference for action as you deem appropriate.
Given all the information received, we still have reservations. Empirical data, using strong comparables, is
needed before a definitive recommendation could be provided.
CC: ChiefS. Ilk
Attachments: (Det. Hall's Rpt. and faxes)
102-00-337
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DATE:
TO:
FROM:
SUBJ:
~ORTANGELES
WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
3 May 2000
Tom Riepe, Deputy Chief
Mike Hall~
Highland Courte
AHacA1YLP-n.1- Cz
mrrn & rn u w rn ~.
, 1, !/'
! MAY - 4 '1Mn i i u f.
J aw .~!
PORT ANGELES J II
_ PLANNING DEPARTMENT
' r
I spoke with Stacey Brooks at the Yakima County Sheriff's Office reference the Sundown
Ranch. She said that the information in the report was correct. Brooks said the center sits
on about thirty acres in the canyon area. Brooks also told me the center is about 30 miles
from Yakima and the nearest neighbor is about a mile away. So, as far as it impacting any
neighborhood goes, there is no neighborhood to impact. Brooks also suggested that I call
Yakima P.D. and ask about the Triumph Treatment Center.
I then called Yakima Police and spoke with Julie Amis. Amis is the services supervisor.
Amis said the Triumph Treatment center is located on the east side of Yakima near the
downtown mall. Amis faxed me the calls for service for the treatment center. See attached.
She also told me the calls included some fights, unwanted guests, alarms, assault and
theft.
I called and spoke with Val Roney at Valley General Hospital - Alcohol and Drug Recovery
Center in Monroe, Washington. Roney told me that they have had to call the police about
four times because the staff felt they might be assaulted by in residents in the facility.
Roney described the area the facility is in as a blend of rural and suburban. I had also
called the Monroe Police Department to talk with Commander Rick Dunn. Dunn was out of
the office and has not returned my call at the time of this memo.
I called and spoke with Captain Qave Maehern of the King County Sheriff's Office North
Precinct about the Lakeside Milam Recovery Center. Captain Maehern said that they
usually get called when a staff member or others get assaulted or when there are
walkaways. Captain Maehern said he does not have exact numbers but does not believe
that they are high. Captain Maehern said he would check their system and let me know.
Captain Maehern called back around 1420 hours and told me they responded to ten calls
last year and five so far this year. Captain Maehern said he would fax the information from
their CAD system to me. I received the information at 1431 hours and have included it with
this memo.
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I called the Kitsap County ShE;. .,rs Office and spoke with Deputy Jc.. .es Gastineau and
Sgt John Gese about the Olalla Guest Lodge. Deputy Gastineau and Sgt Gese said that
the county had recently changed their computer dispatching system and they could not
give me exact numbers. Both Gese and Gastineau said the c~lIs to the facility were not
very many. Sgt Gese said the biggest problem seemed to be traffic complaints on
graduation day. Sgt Gese said the facility is in a high crime area to begin with. Sgt Gese
said he thinks the facility is an old navy housing building that has been converted. Sgt
Gese said across the street is navy housing. The Lanstat report said it was coast guard
which is apparently incorrect.
I called St. Peters Chemical Dependency Center in Lacey Washington. I spoke with Holy
Christiancy, the adult services coordinator. Christiancy said the center is in the city limits of
Lacey in a combination commercial and residential area. Christiancy said the center is
near some apartment buildings and a middle school is one-half mile away. Christiancy
said the center handles both adults and adolescents. Christiancy said most all of the
police calls to the center involve the adolescents. Christiancy said that the reports are
usually when one of the adolescents have runaway or have committed an act of malicious
mischief. Christiancy said she could not think of a time when they had the police called
about an adult.
I had also called the Lacey Police Department and spoke with Paul Nagle about the St.
Peters Chemical Dependency Center. Nagel is the support services manager for the
Police Department. Nagel said he did not have the information I wanted handy. Nagel said
he would check and try to find what calls for service the Police Department has responded
to and fax the information to me. I received the information at 1402 hours and have
enclosed it with this memo.
HHCLdvn€rl-t C2
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A.I fACHMENT 02
Page 1 of 2
City of Port Angeles
Zoning Code References
Conditional Use Permits
17.08.020 - "c" (Conditional Use Permit Definition)
E. Conditional Use Permit - a limited permission to locate
a particular use at a particular location, and which limited permission
is required to modify the controls stipulated by the Zoning regulations
in such degree as to assure that the particular use shall not prove
detrimental to surrounding properties, shall not be in conflict with the
Comprehensive Plan, and shall not be contrary to the public interest.
(Ord. 2652 ~1 (part), 2/27/91; Ord. 1709 ~1 (part), 12/22/70)
17.96.050 Conditional Use Permit
A. The Planning Commission or Planning Director shall
consider applications for Conditional Use Permits of uses as
specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission or Planning Director may grant said permits
which are consistent and compatible with the purpose of the zone in
which the use is located, consistent with the Comprehensive Plan,
and not contrary to the public use and interest. The Planning
Commission or Planning Director may refuse to issue a Conditional
Use Permit if the characteristics of the intended use as related to the
specific proposed site are such as would defeat the purpose of these
Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions.
B. In each application the Planning Commission or
Planning Director may impose whatever restrictions or conditions
they consider essential to protect the public health, safety, and
welfare, and to prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a
Conditional Use Permit shall be to assure that the maximum degree
of compatibility between uses shall be attained. The purpose of
these regulations shall be maintained with respect to the particular
use of the particular site and in ,consideration of other existing and
potential uses within the general area in which such use is to be
, located.
D. The federal Fair Housing Act requires that reasonable
accommodations be made in rules policies, practices, or services,
when such accommodations may be necessary to afford disabled
people equal opportunity to use and enjoy a dwelling. The Planning
Commission is therefore authorized to make accommodations in the
consideration of Conditional Use permits for group homes for
disabled persons as defined in the federal Fair Housing Act, when
the Commission determines that such accommodations reasonably
may be necessary in order to comply with such act. (Ord. 2861 ~1
(part), 3/17/95; Ord. 2668 ~12 (part), 1/17/92; Ord. 1709 ~1 (part),
12/22/70)
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Ai fACHMENT 02
Page 2 of 2
RHO Zone
17. 15.010 Purpose. This is a high density residential zone for multi-
family residential structures. Compatible uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential
area, and commercial enterprises are not generally felt to be
compatible. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~3, 10/17/92;
Ord. 2668 ~3 (part), 1/17/92; Ord. 2652 ~5 (part), 9/27/91; Ord. 2636
~9 (part), 5/15/91)
City of Port Angeles
Comprehensive Plan References
Land Use Element Goal
C. To have a community of viable districts and neighborhoods
with a variety of residential opportunities for personal
interaction, fulfillment and enjoyment, attractive to people of all
ages, characteristics and interests.
Policies
C1. Residential land should be developed on the district
and neighborhood concept. Although such districts
may be composed primarily of residential uses of a
uniform density, a healthy, viable district should be
composed of residential uses of varying densities which
may be augmented by subordinate and compatible
uses. Single family and multi-family homes, parks and
open-spaces, schools, churches, daycare and
residential services, home occupations, and district
shopping areas are all legitimate components of district
development and enhancement. A neighborhood
should be primarily composed of low, medium, or high
density housing.
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Date:
To:
From:
Subject:
~ORTANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
May 10,2000
Planning, Commission
Brad Collins, Planning Director ~/
Explanation of the May 10, 2000, Staff Recommendation on Highland Courte
Conditional Use Permit CUP 00-03
Due to the public concern over a published newspaper account of the May I 0 staff report
and recommendation, it is important to note that the Police, Planning, and City Attorney staff
have not recommended that the Planning Commission approve Highland Courte CUP 00-03
if conditions are met. The staff in each of these City departments continue to have
reservations about the proposed project. The conditions in the May 10 staff report were
intended to identify for the Planning Commission mitigation measures which would address
concerns and objections raised in early staff reports and public testimony. Ten conditions
were developed using statements and information provided by the applicant and attempt to
address issues subject to the conditional use permit process. The Planning Commission must
determine if these and/or other conditions can make the proposed inpatient chemical
dependency treatment center compatible with the residential zone in which it is located.
Contrary to the newspaper article that fueled the fears of many senior residents who feel
vulnerable to people with chemical dependencies which can cause irrational and frightening
behaviors, the Police, Planning, and City Attorney staffhave not determined if these or other
conditions developed to mitigate specific concerns raised in the public record can be enforced.
Discussion about the conditions with the applicants have not concluded, and they may have
alternative conditions to propose. Consequently, staff is recommending that following the
close of the public hearing the Planning Commission continue their deliberation and decision
on the Highland Courte CUP 00-03 to their regular May 24, 2000, meeting. At that time City
staff can report its recommendation on the legal enforcement of conditions designed to
provide the assurances offered by the applicants for compatibility with the residential zone
and the planned development for seniors approved in this area.
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~ORTANGELES
WAS H I N G TON, U. s. A.
PLANNING DEPARTMENT STAFF REPORT
DATE:
TO:
FROM:
May 24, 2000
Planning Commission
Brad Collins, Planning Director '{3-& .
FILE#:
CUP 00-03
APPLICANT:
Highland Courte - Tim German
OWNER:
Same
LOCATION:
1704 Melody Circle
REQUEST:
Conditionally permit a private chemical dependency treatment facility in the
RHD zone
RECOMMENDATION
Staff recommends the Planning Commission approve Conditional Use Permit
(CUP) 00-03 based on the conditions, findings, and conclusions listed in
Attachment A3. .
THE PROPOSAL
The applicant is proposing to accept certain conditions for permitting a private
intensive inpatient chemical dependency treatment center in a residential
area. The applicant's representatives and legal counsel have met with the City
Attorney and Planning Director to review and revise the proposed conditions, and
there is agreement that the proposed conditions are appropriate and enforceable.
ANALYSIS
The thirteen conditions mitigate concerns raised in the various staff reports and by
the public testimony of neighboring residents. The purpose of a conditional
use permit is to provide limited permission to locate a particular use at a particular
location, and which limited permission is required to" modify the controls stipulated
by the Zoning regulations in such degree as to assure that the particular use shall
not prove detrimental to surrounding properties, shall not be in conflict with the
Comprehensive Plan, and shall not be contrary to the public interest (PAMC
17.08.020.C). The proposed conditions have been developed by the Planning
Department staff and the applicant to address the concerns that have been raised
by staff comments and public testimony. At the last Planning Commission meeting
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Planning Department StatT Report
CUP 00-03 (Highland Courte . Tim German,
May 24, 2000
Page 2
the issue of the legal enforcement of proposed conditions was left for review by
the City Attorney. Three conditions have been modified following legal advice
provided through the City Attorney's Office.
A second issue regarding the admissibility of a DSHS report on Northwest Care
Services managed faciliti~s has been addressed by the City Attorney as well.
The report ~as entered into the public record by the testimony of Steve
Sanderson and based on the City Attorney's advice has now been
distributed to the Planning Commission and the applicant for review. The
report, which provides as assessment of management issues and their resolution
to the satisfaction of DSHS. The April 18, 2000, report from Pamela J. Hildreth of
the Department of Social and Health Services is provided as Attachment E3.
CITY DEPARTMENT COMMENTS
, The City Attorney will be available at the May 24, 2000, Planning Commission
meeting to discuss the Americans with Disabilities Act and court decisions
related to the proposal.
COMPREHENSIVE PLAN/ZONING REVIEW
Section 17.08.020.E of the Zoning Code (included in Attachment 03) describes the
definition of a Conditional Use Permit. The definition states that a CUP is a
limited permission to locate a particular use at a particular location, and which
limited permission is required to modify the controls stipulated by the Zoning
regulations in such degree as to assure that the particular use shall not prove
detrimental to surrounding properties, shall not be in conflict with the
Comprehensive Plan, and shall not be contrary to the public interest.
Section.17.96.050 of the Zoning Code (included in Attachment 03) describes the
purpose and approval parameters for CUPs. The purpose of a CUP is to
"assure that the maximum degree of compatibility between uses shall be attained."
CUPs may be granted for projects that "are consistent and compatible with the
purpose of the zone. . .,consistent with the Comprehensive Plan, and not contrary
to the public use and interest." A CUP may be denied if the proposal would
"defeat the purpose of the Zoning Regulations by introducing incompatible,
detrimental, or hazardous conditions." Recent Washington court decisions place
the burden on the decision-making body to justify denial of a CUP and prohibit
denial of a CUP based on "community opposition alone" or "unsubstantiated fears
and popular prejudices" as opposed to documented evidence of adverse impacts
such as on neighborhood safety.
The proposed project can be made consistent with the City's Comprehensive Plan.
The definition of social services in the Comprehensive Plan states, "Social
services means those services necessary to support life and health, such as food
banks, hospices, home health, congregate care, and day care services." This
definition is broad enough to encompass both residential and nonresidential life
. and health services, including chemical dependency treatment in a residential care
facility.
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim German,
May 24, 2000
Page 3
The site's Comprehensive Plan designation is High Density Residential [HDR].
This designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area and uses. Condominiums, apartments, and
planned residential "developments are the types of building designs appropriate for
this category." Land Use Element Goal C and Policy C1 establish the district and
neighborhood concept for residential land use planning in the City and are listed in
Attachment 03. Policy C1 states, ''Although such districts may be composed
primarily of residential uses of a uniform density, a healthy, viable district should
be composed of residential uses of varying densities which may be augmented by
subordinate and compatible uses. Single family and multi-family homes, parks
and open spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are aI/legitimate components of district
development and enhancement." A chemical dependency treatment center
treating patients drawn from a substantial local population in need of these
services can be found to support the surrounding residential district. The applicant
has reported that there are 3,901 Clallam County adults who are in need of
chemical dependency treatment.
Utilities and Public Services Element Goal A states, "To provide or aI/ow the
opportunity for services and facilities which enhance the quality of life for Port
Angeles citizens of aI/ ages, characteristics, needs, and interests. Utilities and
Public Services Element Policy A3 states, "Social services providing home care
should be located in residential neighborhoods in a manner that maintains the
character of the immediate neighborhood." The Americans with Disabilities Act
recognizes people with chemical dependency as a protected class of citizens who
have rights for social services which are necessary for their particular needs. This
would include services which are provided in an inpatient residential setting,
unless there is specific, well-documented evidence of significant adverse impacts
that cannot be mitigated. The City's Comprehensive Plan policies support the
provision of social services in residential neighborhoods in a manner that
maintains the character of the immediate neighborhood. The facility is the same
as it was when designed and used as an Alzheimer's care center and physically
does not change the established character of the immediate multi-family
neighborhood. The evidence of increased public safety risks has been adequately
addressed by the conditions which restrict admissions to those patients with low
risk characteristics similar to the general population of the community.
The proposed project may be eligible for a CUP in the RHO zone as a IIsocial
service agency providing 24-hour residential care." As noted previously, the
applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. "
However, the proposed use is eligible for a CUP inthe RHO zone as a "social
service agency providing 24-hour residential care.". Although this is a
nonresidential use providing primarily social services not residential services, the
inpatient ch~mical dependency treatment center does provide this social service
care in a 24-hour residential setting.
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Genna.
May 24. 2000
Page 4
The proposed use with adequate controls may be compatible with the adjacent
land uses, and CUP approval is specifically limited to this particular use as
conditioned (any new or expanded uses including additional services and
other admission c;riteria will require a new CUP approval). The proposed use
is located in an established residential district and multi-family/senior housing
neighborhood. It is in close proximity to existing single-family neighborhoods to
the northea~t and southeast. The population of the proposed project is a
protected class of citizens under the American for Disabilities_ Act and is afforded
protection against discrimination. Accordingly, denial of a conditional use permit
cannot be based on the disability of those served by the private chemical
dependency treatment facility. Washington State law and the City Zoning Code
allow for denial or approval with conditions for uses identified as conditional uses
in the City Zoning Code. However, denial must be based on specific, documented
evidence of actual impacts. As previously stated, such evidence cannot be based
on the disability of the occupants or on the unsubstantiated fears of the neighbors.
The proposed project with adequate controls may be consistent with the
"Purpose" of the RHO zone. The purpose of the RHO zone, which is included in
Attachment 03, states "Compatible land uses may be allowed on Conditional Use
Permits but the zone is still regarded as a residential area, and commercial
enterprises are not generally felt to be compatible." Because the proposed use is
considered a nonresidential use, it must be found to serve the surrounding
residential uses to be compatible with the purp'ose of the RHO zone.
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official issued a
Determination of No'n-Significance for the project on April 7, 2000. Following
the optional DNS process (WAC 197-11-355), the City expected to issue a DNS
for the project. However, during review of the project, the Port Angeles Police
Department identified possible adverse secondary effects that occurred for similar
developments in Mountlake Terrace and Kelso, Washington. Based on these
comments, the SEPA Responsible Official reconsidered the threshold
determination and concluded that such adverse impacts, even if found to be
significant, could be conditioned or the proposal denied based on the City's
Comprehensive Plan and Zoning Code through the conditional use permit process
and under the SEPA substantive authority in WAC 197-11-660(1)(a).
PUBLIC COMMENTS
Since the continuation of the public hearing to May 24, 2000, no new letters of
comment have been received from the public regarding this application. The
April 18, 2000, report from Pamela J. Hildreth of the Department of Social and
Health Services on Northwest Care Services managed facilities is provided as
Attachment E3.
CUP0003CWPD
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Al.'ACHMENT A3
Page f of 7
Findings and Conclusions
for CUP 00-03
Conditions
1. The particular use being conditionally permitted is Highland Courte, a
private inpatient chemical dependency treatment center.
2. The chemical dependency treatment center ser:vices shall not include
detoxification.
3. Patients must voluntarily apply for admission and shall not have been
ordered by a court to any type of "locked down" treatment.
4. The treatment center shall serve only adult patients.
5. The treatment center shall only admit patients who swear by written affidavit
that they have not been convicted of a violent, sexual, or felony property
crime. The treatment center shall use its best efforts to verify this
information by obtaining a criminal background check as soon as
practicable.
6. The treatment center shall not admit persons with coexisting mental health
and chemical dependency diagnoses in accordance with the Diagnostic
Statistical Manual, DSM IV).
7. Visitors will be allowed only inside the facility and only on the weekends
from 8 am to 6 pm. ..
8. A patient will not be allowed outside the facility without being in the
company of a staff member in a one-to-one ratio of patients and staff
members, except as may be necessary in the event of an emergency.
9. Because admission is only voluntary and a patient may choose to leave the
program prior to completion, individuals who do not successfully complete
the treatment program shall be either driven by a staff member to the airport
or downtown bus transfer station or picked up by an adult family member or
other responsible party.
10: A substantial number of patients shall be residents of the Port Angeles
area.
11. Highland Courte shall receive advice and community input from an advisory
board comprised of the Executive Director and a group of volunteer
community members, including volunteers invited from the surrounding
residential neighborhood.
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.1
A 1 .'ACHMENT A3
Page 2 of7
12. Highland Courte shall not seek additional licensing of other treatment
authorities without applying for and obtaining City approval.
13. Highland Courte will provide semi-annual verification of compliance with
these conditions in the form of a written report to the Planning Department
for the first three years of operation.
Findings
The following findings are based on the information provided in the April 12, May
10, and May 24, 2000, Staff Reports for CUP 00-03, including all of the
attachments. Consideration was also given to the comments and information
presented during the April 12, May 10, and May 24, 2000, public hearings, and the
Planning Commission's discussion and deliberation. Consequently, the City of
Port Angeles Planning Commission hereby finds:
1. The applicant, Highland Courte - Tim German, applied for a conditional use
permit to establish a private chemical dependency treatment facility in the
RHD zone. The application and supplem~ntal information are identified as
Attachment 8 to the April 12, 2000, Staff Report and Attachment 82 to the
May 10, 2000, Staff Report for CUP 00-03;
2. The applicant describes the facility as providing professional and affordable
treatment services for up to 50 men and women based on the "12 Step
Recovery Minnesota Model." Treatment will consist of group, individual,
and family therapy and includes lectures, video presentations and
professional guided group therapy.
3. Although the application also included "mental health triage and
stabilization services," the applicant has stated these services are no longer
part of the application.
4. The project site is located at 1704 Melody Circle.
5. The 2% acre site is located in an existing residential district with a mixture of
single family homes, multi-family apartments, and senior housing.
6.. The existing building and grounds were constructed and opened in 1999 as
a 42 unit assisted living facility for residents with Alzheimer's disease. A
CUP (CUP 97-13) was approved for the Alzheimer's use in 1997.
7. The proposed facility will be managed by Northwest Care Services,'the
same company that managed the previous Alzheimer's use at the site.
8. The facility will be a private pay facility and will not be affiliated with any
government agency.
9. A "medical director" will oversee the facility and staff of 30 employees.
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Al.'ACHMENT A3
Page 3of7
10. There will be no doctors or nurses on staff, the staff will be trained
professionals who will work under the supervision of a licensed medical
doctor. The doctor will visit the facility once a wee~ and be on call for the
balance of time.
11. The average length of stay for a patient will be 21 to 28 days.
12. The services will not include detoxification.
13. Patients must voluntarily apply for admission afld shall not have been
ordered by a court to any type of "locked down" treatment.
14. Visitors will be only inside the facility and only on the weekends from 8 am
to 6 pm.
15. Patients will not be allowed outside the facility without being in the company
of a staff member in a one-to-one ratio of patients and staff members,
except as may be necessary in the event of an emergency.
16. The facility's grounds include two yard areas for recreational purposes
secured by six foot high fences.
,
17. Completion of the program may satisfy a court order for treatment, but the
program shall exclude those persons ordered to any type of "locked down"
treatment.
18. A patient may choose to leave the program prior to its completion but may
not leave the facility on his or her own.
19. The City's Police Department reviewed the proposed project and made
comments in memos dated April 5, 2000, and identified as Attachment C to
the April 12, 2000, Staff Report and dated May 3,2000, and identified as
Attachment C2 to the May 10, 2000, Staff report for CUP 00-03.
20. The Police Department contacted local law enforcement officials related to
similar facilities located in the Cities of Mountlake Terrace, Kelso,
Aberdeen, YakimaN.akima County, .Monroe, Kirkland/King County,
Olalla/Kitsap County, arid Lacey Washington.
21. The Police Department memos expressed reservations about public safety
impacts experienced in other communities occurring with the proposed
inpatient chemical dependency treatment center at this location in a (
residential area, and these reservations have led to the development of
several conditions for approval regarding admission restrictions.
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ATIACHMENT A3
Page 4 of7
22. Section 17.08.020(E) of the Port Angeles Municipal Code states: the
definition of a Conditional Use Permit is "a limited permission to locate a
particular use at a particular location, and which limited permission is
required to modify the controls stipulated by the Zoning regulations in such
degree as to assure that the particular use shall not prove detrimental to
surrounding properties, shall not be in conflict with the Comprehensive
Plan, and shall not be contrary to the public interest. "
23. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose
of a CUP is to "assure that the maximL/m degree of compatibility between
uses shall be attained;" CUPs may be granted for projects that "are
consistent and compatible with the purpose of the zone. . ., consistent with
the Comprehensive Plan, and not contrary to the public use and interest;"
and a CUP may be denied if the proposal would "defeat the purpose of the
Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions. "
24. The definition of social services in the Comprehensive Plan states, "Social
services means those services necessary to support life and health, such
as food banks, hospices, home health, congregate care, and day care
services. "
25. The site's Comprehensive Plan designation is High Density Residential
[HDR]. This designation is "intended for areas where a higher
concentration of residents is compatible with the surrounding area and
uses. Condominiums, apartments, and planned residential developments
are the types of building designs appropriate for this category."
26. The City's Comprehensive Plan's Land Use Element Goal C and Policy C1
establish the district and neighborhood concept for residential land use
planning in the City and Utilities and Public Services Element Goal A and
Policy A3 provide or allow the opportunity for, social services for citizens with
special needs. These goals and policies are listed in Attachment 03 to the
May 24,2000, Staff Report for CUP 00-03:
27., Policy C 1 states "Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be
composed of residential uses of varying densities which may be augmented
by subordinate and compatible uses. Single family and multi-family homes,
parks and open spaces, schools, churches, day care and residential
services, home occupations, and district shopping areas are all legitimate
components of district development arid enhancement. "
28. Utilities and Public Services Element Goal Astates, "To provide or allow the
opportunity for services and facilities which enhance the quality of life for
Port Angeles citizens of all ages, characteristics, needs, and interests.
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A '.ACHMENT A3
Page 5 of7
29. Utilities and Public Services Element Policy A3 states, "Social services
providing home care should be located in residential neighborhoods in a
manner that maintains the character of the immediate neighborhood. "
30. The Americans with Disabilities Act recognizes people with chemical
dependency as a protected class of citizens who have rights for social
services which are necessary for their particular needs. This would include
services which are provided in an inpatient residential setting, unless there
is specific, well-documented evidence of significant adverse impacts that
cannot be mitigated.
31. The applicant applied for a CUP basejd on the use as a private hospital.
Upon review of the application, including supplemental information provided
by the applicant, staff does not feel this use qualifies as a "hospital" use
which "specializes in giving clinical, temporary and emergency services of a
medical or surgical nature."
32. The proposed use is located in an established residential district and multi-
family/senior housing neighborhood. It is in close proximity to existing
single-family neighborhoods to the northeast and southeast.
33. The purpose of the RHD zone states "Compatible land uses may be
allowed on Conditional Use Permits but the zone is still regarded as a
residential area, and commercial enterprises are not generally felt to be
compatible. "
34. The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7,2000.
35. Following the optional DNS process (WAC 197-11-355), the City expected
to issue a DNS for the Highland Courte CUP 00-03. Subsequent comments
by the Port Angeles Police Department identified adverse secondary effects
that occurred for similar developments in Mountlake Terrace and Kelso,
Washington. Based on these comments, the SEPA Responsible Official
reconsidered the threshold determination and concluded that such adverse
impacts, even if found to be significant, could be conditioned or the
proposal denied based on the City's Comprehensive Plan and Zoning Code
through the conditional use permit process and under the SEPA substantive
authority in WAC 197-11-660(1)(a).
36. 45 letters of comment requesting denial of the CUP were received from the
public regarding this application, and a petition with 40 signatures opposing
the project was submitted to the Planning Department. Concerns
expressed in the letters include fears of increased crime and potential '
impacts on personal safety and property, increased traffic, decreased
property values, and the overall incompatibility of the proposed use and the
existing residences. The letters of comment are included in Attachment E
to the April 12, 2000, Staff Report and Attachment E2 to the May 10, 2000,
Staff Report for CUP 00-03.
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37.
38.
39.
40.
41.
42.
Al.'ACHMENT A3
Page 6 of7
The public comment period ran from March 22, 2000 to April 6,2000.
The facility will require 17 parking spaces; 29 spaces are provided on site.
The applicant has reported that there are 3,901 Clallam County adults who
are in need of chemical dependency treatment.
The applicant's representatives and legal counsel have met with the City
Attorney and Planning Director to review and revise the proposed
conditions, and there is agreement that the proposed conditions are
appropriate and enforceable.
The applicant is proposing to accept certain conditions for permitting a
private intensive inpatient chemical dependency treatment center in a
residential area.
The April 18, 2000, report from Pamela J. Hildreth of the Department of
Social and Health Services on Northwest Care Services managed facilities
is provided as Attachment E3.
Conclusions
The following conclusions are based on the information provided in the April 12,
May 10, and May 24, 2000, Staff Reports for CUP 00-03, including all of the
attachments. Consideration was also given to the comments and information
presented during the April 12, May 10, and May 24, 2000, public hearings, and the
Planning Commission's discussion and deliberation. Consequently, the City of
Port Angeles Planning Commission hereby concludes:
A.
B.
C.
D.
The proposed project is eligible for a CUP in the RHO zone as a "social
seNice agency providing 24-hour residential care."
The definition of "social services" in the Comprehensive Plan is broad
enough to encompass both residential and nonresidential life and health
services, including chemical dependency' treatment in a residential care
facility.
The City's Comprehensive Plan policies support the provision of social
services in residential neighborhoods in a manner that maintains the
character of the immediate neighborhood.
As conditioned, the chemical dependency treatment center is subordinate
to the surrounding residential district and may be found to serve the
neighboring residents and to be compatible with the surrounding residential
land uses.
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Al.'ACHMENT A3
Page 7 of7
E. The proposed use with adequate controls is compatible with the adjacent
land uses, and CUP approval is specifically limited to this particular use as
conditioned (any new or expanded uses including additional services and
other admission criteria will require a new CUP approval).
F. With adequate controls, the proposed use can meet the daily needs of the
neighboring residents and is consistent with the intent the RHO zone and
the City's Comprehensive Plan Land Use Element Goal C and Policy C1.
G, The thirteen conditions mitigate concerns raised in the various staff reports
and by neighboring residents.
H. Although this is a nonresidential use providing primarily social services not
residential services, the inpatient chemical dependency treatment center
does provide this social service care in a 24-hour residential setting.
I. The facility is the same as it was when designed and used as an
Alzheimer's care center and physically does not change the established
character of the immediate multi-family neighborhood.
J. The evidence of increased public safety risks have been adequately
addressed by the conditions which restrict admissions to those patients with
low risk characteristics similar to the general population of the community.
CUP0003C,WPD
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Al.ACHMENT 03
Page 1 of 3
City of Port Angeles
Zoning Code References
Conditional Use Permits
17.08.020 - "Cn (Conditional Use Permit Definition)
E. Conditional Use Permit - a limited permission to locate
a particular use at a particular location, and which limited permission
is required to modify the controls stipulated by the Zoning regulations
in such degree as to assure that the particular use shall not prove
detrimental to surrounding properties, shall not be in conflict with the
Comprehensive Plan, and shall not be contrary to the public interest.
(Ord. 2652 S1 (part), 2/27/91; Ord. 1709 S1 (part), 12/22/70)
17.96.050 Conditional Use Permit
A. The Planning Commission or Planning Director shall
consider applications for Conditional Use Permits of uses as
specified in the applicable Chapter of the Zoning Regulations. The
Planning Commission or Planning Director may grant said permits
which are consistent and compatible with the purpose of the zone in
which the use is located, consistent with the Comprehensive Plan,
and not contrary to the public use and interest. The Planning
Commission or Planning Director may refuse to issue a Conditional
Use Permit if the characteristics of the intended use as related to the
specific proposed site are such as would defeat the purpose of these
Zoning Regulations by introducing incompatible, detrimental, or
hazardous conditions.
B. In each application the Planning Commission or
Planning Director may impose whatever restrictions or conditions
they consider essential to protect the public health, safety, and
welfare, and to prevent depreciation of neighboring property.
C. Purpose of a Conditional Use Permit: The purpose of a
Conditional Use Permit shall be to ass,ure that the maximum degree
of compatibility between uses shall be attained. The purpose of
these regulations shall be maintained with respect to the particular
use of the particular site and in consideration of other existing and
potential uses within the general area in which such use is to be
located.
D. The federal Fair Housing Act requires that reasonable
accommodations be made in rules policies, practices, or services,
when such accommodations may be necessary to afford disabled
people equal opportunity to use and enjoy a dwelling. The Planning
Commission is therefore authorized to make accommodations in the
consideration of Conditional Use permits for group homes for
disabled persons as defined in the federal Fair Housing Act, when
the Commission determines that such accommodations reasonably
may be necessary in order to comply with such act. (Ord. 2861 S1
(part), 3/17/95; Ord. 2668912 (part), 1/17/92; Ord. 170991 (part),
12/22/70)
Al.ACHMENT 03
Page 2 of 3
RHO Zone
17.15.010 Purpose. This is a high density residential zone for multi-
family residential structures. Compatible uses may be allowed on
Conditional Use Permits but the zone is still regarded as a residential
area, and commercial enterprises are not generally felt to be
compatible. (Ord. 2861 ~1 (part), 3/17/95; Ord. 2715 ~3, 10/17/92;
Ord. 2668 S3 (part), 1/17/92; Ord. 2652 S5 (part), 9/27/91; Ord. 2636
S9 (part), 5/15/91)
City of Port Angeles
Comprehensive Plan References
Definitions
Social sefVices. "Social sefVices" means those sefVices necessary to
support life and health, such as food banks, hospices, home health,
congregate care, and day care sefVices.
Land Use Element Goal
C. To have a community of viable districts and neighborhoods
with a variety of residential opportunities for personal
interaction, fulfillment and enjoyment, attractive to people of all
ages, characteristics and interests.
Policies
C1. Residential/and should be developed on the district
and neighborhood concept. Although such districts
may be composed primarily of residential uses of a
uniform density, a healthy, viable district should be
composed of residential uses of varying densities which
may be augmented by subordinate and compatible
uses. Single family and multi-family homes, parks and
open-spaces, schools, churches, day care and
residential sefVices, home occupations, and district
shopping areas are all legitimate components of district
development and enhancement. A neighborhood
should be primarily composed of low, medium, or high
density housing.
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Al.ACHMENT 03
Page 3 of 3
Utilities and Public Services Element Goal
A. To provide or allow the opportunity for services and facilities
which enhance the quality of life for Port Angeles citizens of all
ages, characteristics, needs, and interests.
Policies
A3. Social services providing home care should be located
in residential neighborhoods in a manner that maintains
the character of the immediate neighborhood.
"
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~ORTANCELES
WAS H f N G TON, U. S. A.
PLANNING DEPARTMENT STAFF REPORT
DATE:
TO:
FROM:
May 31,2000
Planning Commission
Brad Collins, Planning Director 'pc./'
FILE#:
CUP 00-03
APPLICANT:
Highland Courte - Tim German
OWNER:
Same
LOCATION:
1704 Melody Circle
REQUEST:
Conditionally permit a private chemical dependency treatment facility in the
RHD zone
RECOMMENDATION
Staff recommends the Planning Commission approve Conditional Use Permit
(CUP) 00-03 based on the conditions, findings, and conclusions revised per
the Planning Commission's deliberations and listed in Attachment A4.
THE PROPOSAL
The applicant is proposing to accept certain conditions for permitting.a private
intensive inpatient chemical dependency treatment center in a residential
area. The applicant's representatives and legal counsel have met with the City
Attorney and Planning Director to review and revise, the proposed conditions, and
there js. agreement that the proposed conditions are appropriate and enforceable,
except for Condition NO.5.
ANALYSIS
The fifteen conditions mitigate concerns raised in the various staff reports and by
the public testimony of neighboring residents, and these conditions are
revised per the Planning Commission's deliberations. The purpose of a
conditional use permit is to provide limited permissicm to locate a particular use at
a particular location, and which limited permission is required to modify the
controls stipulated by the Zoning regulations in such degree as to assure that the
particular use shall not prove detrimental tb surrounding properties, shall not be in
conffict with the Comprehensive Plan, and shall not be contrary to the public
interest (PAMC 17.08.020.C).
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa
May 31,2000
Page 2
CITY DEPARTMENT COMMENTS
The Planning Department's interpretation of the requirements under the City's
Parking Ordinance has been reviewed by the City Attorney, and he finds that
the interpretation was properly done. The parking analysis was included in the
April 12, 2000, Staff Report and noted in Finding No. 38.
COMPREHENSIVE PLAN/ZONING REVIEW
Section 17.08.020.E of the Zoning Code describes the definition of a Conditional
Use Permit. The definition states that a CUP is a limited permission to locate a
particular use at a particular location, and which limited permission is required to
modify the controls stipulated by the Zoning regulations in such degree as to
assure that the particular use shall not prove detrimental to surrounding properties,
shall not be in conflict with the Comprehensive Plan, and shall not be contrary to
the public interest.
Section 17.96.050 of the Zoning Code describes the purpose and approval
parameters for CUPs. The purpose of a CUP is to "assure that the maximum
degree of compatibility betweefJ uses shall be attained." CUPs may be granted for
projects that "are consistent and compatible with the purpose of the zone. .
.,consistent with the Comprehensive Plan, and not contrary to the public use and
interest." A CUP may be denied if the proposal would "defeat the purpose of the
Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions." Recent Washington court decisions place the burden on the decision-
making body to justify denial of a CUP and prohibit denial of a CUP based on
"community opposition alone" or "unsubstantiated fears and popular prejudices" as
opposed to documented evidence of adverse impacts such as on neighborhood
safety.
The proposed project can be made consistent with the City's Comprehensive Plan.
The definitfon of social services. in the Comprehensive Plan states, "Social
services means those services necessary'to support life and health, such as food
banks, hospices, home health, congregate care, and day care services." This
definition is broad enough to encompass both residential and nonresidential life
and health services, including chemical dependency treatment in a residential care
facility. .
The site's Comprehensive Plan designation is High Density Residential [HDR].
This designation is "intended for areas where a higher concentration of residents is
compatible with the surrounding area and uses. . Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category." Land Use Element Goal C and Policy C1 establish the district and
neighborhood concept for residential land use planning in the City. Policy C1
states, "Although such districts may be composed primarily of residential uses of a
uniform density, a healthy, viable district should be composed of residential uses
of varying densities which may be augmented by subordinate and compatible
uses. Single family and multi-family homes, parks and open spaces, schools,
churches, day care andresideritial services, home occupations, and district
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa
May 31, 2000
Page 3
shopping areas are all legitimate components of district development and
enhancement." A chemical dependency treatment center treating patients drawn
from a substantial local population in need of these services can be found to
support the surrounding residential district. The applicant has reported that there
are 3,901 Clallam County adults who are in need of chemical dependency
treatment. A condition. is recommended to ensure that a substantial number of
Port Angeles (Zip Code) area residents shall be served by the treatment center.
Utilities and Public Services Element Goal A states, "To provide or allow the
opportunity for services and facilities which enhance the quality of life for Port
Angeles citizens of all ages, characteristics, needs, and interests. Utilities and
Public Services Element Policy A3 states, "Social services providing home care
should be located in residential neighborhoods in a manner that maintains the
character of the immediate neighborhood." The Americans with Disabilities Act
recognizes people with chemical dependency as a protected class of citizens who
have rights for social services which are necessary for their particular needs. This
would include services which are provided in an inpatient residential setting,
unless there is specific, well-documented evidence of significant adverse impacts
that cannot be mitigated. The City's Comprehensive Plan policies support the
provision of social services in residential neighborhoods in a manner that
maintains the character of the immediate neighborhood. The facility is the same
as it was when designed and used as an Alzheimer's care center and physically
does not change the established character of the immediate multi-family
neighborhood. The evidence of increased public safety risks has been adequately
addressed by the conditions which restrict admissions to those patients with low
risk characteristics similar to the general population of the community.
The proposed project maybe eligible for a CUP in the RHO zone as a IIsocial
service agency providing 24-hour residential care." As noted previously, the
applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the applicant,
staff does not feel this use qualifies as a "hospital" use which "specializes in giving
clinical, temporary and emergency services of a medical or surgical nature. "
However, the proposed use is eligible for a CUP in the RHD zone as a "social
service agency providing 24-hour residential care." Although this is a
nonresidential use providing primarily social services not residential services, the
inpatient chemical dependency treatment center does provide this social service
care in a 24-hour residential setting.
The proposed use with adequate controls may:be compatible with the adjacent
land uses, and CUP approval is specifically limited to this particular use as
conditioned (any new or expanded uses including additional services and
other admission criteria will require a new CUP approval). The proposed use
is located in an established residential district and multi-family/senior housing
neighborhood. It is in close proximity to existing single-family neighborhoods to
the northeast and southeast. The population of the proposed project is a
protected class of citizens under the American for Disabilities Act and is afforded
protection against discrimination. Accordingly, denial of a conditional use permit
cannot be based on the disability of those served by the private chemical
dependency treatment facility. Washington State law and the City Zoning Code
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Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Germa.
May 31, 2000
Page 4
allow for denial or approval with conditions for uses identified as conditional uses
in the City Zoning Code. However, denial must be based on specific, documented
evidence of actual impacts. As previously stated, such evidence cannot be based
on the disability' of the occupants or on the unsubstantiated fears of the neighbors.
The proposed project with adequate controls may be consistent with the
"Purpose" of the RHO zone. The purpose of the RHD zone states "Compatible
land uses may be allowed on Conditional Use Permits but the zone is still
regarded as a residential area, and commercial enterprises are not generally felt to
be compatible." Because the proposed use is considered a nonresidential use, it
must be found to serve the surrounding residential uses to be compatible with the
purpose of the RHD zone.
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official is~ued a
Determination of Non-Significance for the project on April 7, 2000. Following
the optional DNS process (WAC 197-11-355), the City expected to issue a DNS
for the project. However, during review of the project, the Port Angeles Police
Department identified possible adverse secondary effects that occurred for similar
developments in MountJake Terrace and Kelso, Washington. Based on these
comments, the SEPA Responsible Official reconsidered the threshold
determination and concluded that such adverse impacts, even if found to be
significant, could be conditioned or the proposal denied based on the City's
Comprehensive Plan and Zoning Code through the conditional use permit process
and under the SEPA substantive authority in WAC 197-11-660(1)(a).
PUBLIC COMMENTS
The public hearing was closed on May 24, 2000.
CUP00030WPO
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A 1 (ACHMENT A4
Page 1 of7
Findings and.Conclusions
for CUP 00-03
Conditions
1. _ The particular use being conditionally permitted is Highland Courte, a
private inpatient chemical dependency treatment center.
2. The chemical dependency treatment center services shall not include
detoxification.
3. i Patients must voluntarily apply for admission and shall not have been
ordered by a court to any type of "locked down" treatment.
4. The treatment center shall serve only adult patients.
5. The treatment center shall only admit patients who swear by written affidavit
that they have not been convicted of a violent, sexual, or felony property
crime. The treatment center shall verify this information by obtaining a
criminal background check as soon as practicable, including performing a
Washington Access To Criminal History background check with the
Washington State Patrol's WATCH web site, or a similar background check
according to the state in which the applicant resides, before admitting any
patient. Applicants who have been convicted of a violent, sexual, or felony
property crime shall not be admitted or shall not receive further treatment.
6. The treatment center shall not admit persons with coexisting mental health
and chemical dependency diagnoses in accordance with the Diagnostic
Statistical Manual, DSM IV.
7. Visitors will be allowed only inside the facility and only on the weekends
from 8 am to 6 pm.
8. A patient will not be allowed outside the facility without being in the
company of a staff member in a one-to-one ratio of patients and staff
members, except as may be necessary in the event of an emergency.
9. Because admission is only voluntary and a patient may choose to leave the
program priorto compl~tion, individuals who do not successfully complete
the treatment program shall be either driven by a staff member to the airport
or downtown bus transfe-r station or picked up by an adult' family member or
other responsible party.
10. Patients will be brought to and picked up from the treatment center and will
not drive to and park a vehicle atthe treatment center.
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Al fACHMENT A4
Page 2 of 7
11. The treatment center will use its best efforts to ensure that at least 5% of
the patients shall be residents of the Port Angeles (Zip Code) area,
including making financial aid available for local residents.
12. Highland Courte shall receive advice and community input from an advisory
board comprised of the Executive Director and a group of volunteer
community members, including volunteers invited from the surrounding
residential neighborhood.
13. Highland Courte shall not seek additional licensing of other treatment
authorities without applying for and obtaining City approval.
14. Highland Courte will provide semi-annual verification of compliance with
these conditions in the form of a written report to the Planning Department
and planning Commission. The semi-annual report will also include a
written report from the advisory board and a list of treatment center
violations reported to or by State agencies.
15. All suspected incidents of criminal conduct will be promptly reported to the
Port Angeles Police Department, and treatment center staff will cooperate
with the responding police officers by giving written statements and as
otherwise requested.
Findings
The following findings are based on the information provided in the April 12, May
10, May 24, and May 31,2000, Staff Reports for CUP 00-03, including all of the
attachments. Consideration was also given to the comments and information
presented during the April 12, May 10, and May 24, 2000, public hearings, and the
Planning Commission's discussion and deliberation. Consequently, the City of
Port Angeles Planning Commission hereby finds:
1. The applicant, Highland Courte - Tim German, applied for a conditional use
permit to establish a private chemical dependency treatment facility in the
RHD zone. The application and supplemental information are identified as
Attachment 8 to the April 12, 2000, Staff Report and Attachment 82 to the
May 10,2000, Staff Report for CUP 00-03;
2. The applicant describes the facility as providing professional and affordable
treatment services for up to 50 men and women based on the "12 Step
Recovery Minnesota Model." Treatment will consist of group, individual,
and family therapy and includes lectures, video presentations and
professional guided group therapy.
3. Although the application also includeQ "mental health triage and
stabilization services," the applicant has stated these services are no longer
part of the application.
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Al fACHMENT A4
Page 3 of 7
4. The project site is located at 1704 Melody Circle.
5. The 2% acre site is located in an existing residential district with a mixture of
single family homes, multi-family apartments, and senior housing.
6. The existing building and grounds were constructed and opened in 1999 as
a 42 unit assisted living facility for residents with Alzheimer's disease. A
CUP (CUP 97-13) was approved for the Alzheimer's use in 1997.
7. The proposed facility will be managed by Northwest Care Services, the
same company that managed the previous Alzheimer's use at the site.
8. The facility will be a private pay facility and will not be affiliated with any
government agency.
9. A "medical director" will oversee the facility and staff of 30 employees.
10. There will be no doctors or nurses on staff, the staff will be trained
professionals who will work under the supervision of a licensed medical
doctor. The doctor will visit the facility once a week and be on call for the
balance of time.
11. The average length of stay for a patient will be' 21 to 28 days.
12. The services will not include detoxification.
13. Patients must voluntarily apply for admission and shall not have been
ordered by a court to any type of "locked down" treatment.
14. Visitors will be only inside the facility and only on the weekends from 8 am
to 6 pm.
15. Patients will not be allowed outside the facility without being in the company
of a staff member in a one-to-one ratio of patients and staff members,
except as may be necessary in the eventof an emergency.
16. The facility's grounds include two yard areas for recreational purposes
secured by six foot high fences.
17. Completion of the program may satisfy a court order for treatment, but the
prqgram shall exclude those persons ordered to any type of "locked down"
treatment. .
18. A patient may choose to leave the program prior to its completion but may
not leave the facility on his or h~r own.
19. The City's Police Department reviewed the proposed project and made
comments in memos dated April 5, 2000, and identified as Attachment C to
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Al fACHMENT A4
Page 4 of 7
the April 12, 2000, Staff Report al)d dated May 3, 2000, and identified as
Attachment C2 to the May 10. 2000. Staff report for CUP 00-03.
20. The Police Department contacted local law enforcement officials related to
similar facilities located in the Cities of Mountlake Terrace, Kelso,
Aberdeen, YakimaNakima County, Monroe, Kirkland/King County,
Olalla/Kitsap County, and Lacey Washington.
21 . The Police Department memos expressed reservations about public safety
impacts experienced in other communities occurring with the proposed
inpatient chemical dependency treatment center at this location in a
residential area, and these reservations have led to the development of
several conditions fo(approval regarding admission restrictions.
22. Section 17.08.020(E) of the Port Angeles Municipal Code states: the
definition of a Conditional Use Permit is "a limited permission to locate a
particular use at a particular location, and which limited permission is
required to modify the controls stipulated by the Zoning regulations in such
degree as to assure that the particular use shall not prove detrimental to
surrounding properties, shall not be in conflict with the Comprehensive
Plan, and shall not be contrary to the public interest. "
23. Section 17.96.050 of the Port Angeles Municipal Code states: the purpose
of a CUP is to "assure that the maximum degree of compatibility between
uses shall be attained;" CUPs may be granted for projects that "are
consistent and compatible with the purpose of the zone. . ., consistent with
the Comprehensive Plan, and not contrary to the public use and interest;"
and a CUP may be denied if the proposal would "defeat the purpose of the
Zoning Regulations by introducing incompatible, detrimental, or hazardous
conditions. "
24. The definition of social services in the Comprehensive Plan states, "Social
services means those services necessary to support life and health, such
as food banks, hospices, home health, congregate care, and day care
services. " .
25. The site's Comprehensive Plan designation is High Density Residential
[HDR]. This designation is "intended for areas where a higher
concentration ,of residents is compatible with the surrounding area and
uses. Condominiums, apartments, and planned residential developments
are the types of building designs appropriate for this category."
26. The City's Comprehensive Plan's Land Use Element Goal C and Policy C1
establish the district and neighborhood concept for residential land use
planning in the City and UtiJities and Public Services Element Goal A and
Policy A3 provide or allow the opportunity for social services for citizens with
speCial needs. These goals and policies are listed in Attachment D3 to the
May 24,2000, Staff Report for CUP 00-03.
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Al fACHMENT A4
Page 5 of7
27. Policy C 1 states "Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be
composed of residential uses of varying densities which may be augmented
by subordinate and compatible uses. Single family and multi-family homes,
parks and open spaces, schools, churches, day care and residential
services, home occupations, and district shopping areas are all legitimate
components of district development and enhancement. "
28. Utilities and Public Services Element Goal A states, "To provide or allow the
opportunity for services and facilities which enhance the quality of life for
Port Angeles citizens of all ages, characteristics, needs, and interests.
29. Utilities and Public Services Element Policy A3 states, "Social services
providing home care should be located in residential neighborhoods in a
manner that maintains the character of the immediate neighborhood. "
30. The Americans with Disabilities Act recognizes people with chemical
dependency as a protected class of citizens who have rights for social
services which are necessary for their particular needs. This would include
services which are provided in an inpatient residential setting, unless there
is specific, well-documented evidence of significant adverse impacts that
cannot be mitigated.
31. The applicant applied for a CUP based on the use as a private hospital.
Upon review of the application, including supplemental information provided
by the applicant, staff does not feel this use qualifies as a "hospital" use
which "specializes in giving clinical, temporary and emergency services of a
medical or surgical nature."
32. The proposed use is located in an established residential district and multi-
family/senior housing neighborhood. It is in close proximity to existing
single-family neighborhoods to the northeast and southeast.
33. The purpose of the RHD zone states "Compatible land uses may be
allowed on Conditional Use Permits but the zone is still regarded as a
residential area, and commercial enterprises are not generally felt to be
compatible. "
34. The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000.
35. Following the optional DNS process (WAC 197-11-355), the City expected
to issue a DNS for the Highland Courte CUP 00-03. Subsequent comments
by the Port Angeles Police Department identified adverse secondary effects
that occurred for similar developments in Mountlake Terrace and Kelso,
Washington. Based on these comments, the SEPA Responsible Official
reconsidered the threshold determination and concluded that such adverse
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A1 fACHMENT A4
Page 6 of7
impacts, even if found to be significant, could be conditioned or the
proposal denied based on the City's Comprehensive Plan and Zoning Code
through the conditional use permit process and under the SEPA substantive
authority in WAC 197-11-660(1)(a).
36. 45 letters of comment requesting denial of the CUP were received from the
public regarding this application, and a petition with 40 signatures opposing
the project was submitted to the Planning Department. Concerns
expressed in the letters include fears of increased crime and potential
impacts on personal safety and property, increased traffic, decreased
property values, and the overall incompatibility of the proposed use and the
existing residences. The letters of comment are included in Attachment E
to the April 12, 2000, Staff Report, Attachment E2 to the May 10, 2000,
Staff Report, and two additional letters provided with the May 24,2000,
Staff Report for CUP 00-03.
37. The public comment period ran from March 22,2000 to April 6, 2000.
38. The facility will require 17 parking spaces; 29 spaces are provided on site.
39. The applicant has reported that there are 3,901 Clallam County adults who
are in need of chemical dependency treatment.
40. The applicant's representatives and legal counsel have met with the City
Attorney and Planning Director to review and revise the proposed
conditions, and there is agreement that the proposed conditions are
appropriate and enforceable, except for Condition No.5.
41. The applicant is proposing to accept certain conditions for permitting a
private intensive inpatient chemical dependency treatment center in a
residential area.
42. The applicant's representative testified that the admission policies will
discourage patients from driving themselves to the treatment center and
parking their vehicles on-site.
Conclusions
The following conclusions are based on the. information provided in the April 12,
May 10, May 24, and May 31,2000, Staff Reports for CUP 00-03, including all of
the attachments. Consideration was also given to the comments and information
presented during the April 12, May 10, and May 24,2000, public hearings, and the
Planning Commission's discussion and deliberation. Consequently, the City of
Port Angeles Planning Commission hereby concludes:
A. The proposed project is eligible for a CUP in the RHD zone as a "social
service agency providing 24-hour residential care."
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Al fACHMENT A4
Page? of?
B. The definition of "social services" in the Comprehensive Plan is broad
enough to encompass both residential and nonresidential life and health
services, including chemical dependency treatment in a residential care
facility.
C. The City's Comprehensive Plan policies support the provision of social
services in residential neighborhoods in a manner that maintains the
character of the immediat~ neighborhood.
O. As conditioned, the chemical dependency tre~tment center is subordinate
to the surrounding residential district and may be found to serve the
neighboring residents and to be compatible with the surrounding residential
land uses.
E. The proposed use with adequate controls is compatible with the adjacent
land uses, and CUP approval is specifically limited to this particular use as
conditioned (any new or expanded uses including additional services and
other admission criteria will require a new CUP approval).
F. With adequate controls, the proposed use can meet the daily needs of the
neighboring residents and is consistent with the intent the RHO zone and
the City's Comprehensive Plan Land Use Element Goal C and Policy C1.
G. The fifteen conditions mitigate concerns raised in the various staff reports
and by neighboring residents.
H. Although this is a nonresidenti~1 use providing primarily social services not
residential services, the inpatient chemical dependency treatment center
does provide this social service care in a 24-hour residential setting.
I. The facility is the same as it was when designed and used as an
Alzheimer's care center and physically does not change the established
character of the immediate multi-family neighborhood.
J. The evidence of increased public safety risks have been adequately
addressed by the conditions which restrict admissions to those patients with
low risk characteristics similar to the general population of the community.
K. The parking provided on-site will not accommodate patients' vehicles, and it
is not desirable to aid unsuccessful patients leaving the program in contra-
diction to Condition NO.9 by allowing their vehicles to be parked on-site.
CUP0003D.WPD
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ATTACHMENT D
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,... "o}~r CO:~f\.;:..
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APPLICANT/OWNER INFORMA nON:
Applicant: Hiqhland Courte
c/o Sparrow Group
Address: 405S. Peabody. Port Angeles. WA Daytimephone#:(360) 417-0132
Applicant's representative (if other than applicant): 'T'i m (',p..nn;:m
Sparrow Group .
Address: .:tOt) ~ Pp;:j~Y, Pm;- ~ngplp~, ~ QR3&Zaytlme phone #: (360) 417-0132
Property owner (if other than applicant):
Address:
Daytime phone #:
Page 1 of2
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PROPERTY INFORMATION:
Street address: 1702 Melodv Circle Port Anqeles. WA 98362
Legal description: Lot 3 of Highland ccmnons, according to the plat thereof recorded in
Vol 13 of Plats, pages 43,44 & 45, records of Clallam County, Washington
Zoning:Residential Multi-Comprehensive Plan designation: Residential High Density
family
Property dimensions: Property area (total square feet): 107 .120 square feet
Physical characteristics (i.e., flat, sloped, vacant, developed, etc.): "'hE=> prC"lpPrty i ~ mninly
flat wi th an existinq buildinq and oaved oarkinq.
PROPOSED USE INFORMATION:
Please describe the proposed use: See attached proiect description.
Number of employees:
Hours of operation: 24 hrs ~ day, 7 days a week
30
Number of on-site parking spaces: 29
Number of off-site parking spaces:
Building area (total square feet of floor area for the proposed activity): 1 6 , 685
SIGNA TURES:
Applicant:
I certify that all of the above statements are true and complete to the best of my knowledge and aclmawledge that
wilful misrepresentation of information will terminate this permit application. I have read this application in its
entirety and understand my that bmittal will be reviewed for completeness and, if found to be complete, will be
scheduled for the next availabli tanning Commission meeting per the~'Planning Meeting and Application Dates"
handout available in the Ci s Planning Department.
Signature
Date
a?/tJ /?O
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Owner (if other than applicant):
I am the owner of the subject property identified herein and approve of this application.
Signature
Date
Page 2 of2
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Project Description
Highland Courte
A Community of Recovery
Highland Court will be a private hospital providing intensive inpatient chemical
dependency treatment. Mental health triage and stabilization services for Clallam
County will also be provided on the same campus. Highland Courte will be
equipped to provide services for SO patients.
The chemical dependency treatment center will provide caring, effective,
professional and affordable treatment services for both men and women. The
treatment model will be based upon the 12 Step Recovery Minnesota Model.
Treatment for chemical dependency will include group, individual, and family
therapy. The program will be highly structured and will include lectures,
educational and video presentations and professional guided group therapy.
Our medical director will manage the medical needs of all our patients. All patients
must be ambulatory and medically stable at the time of admission or they will be
transferred to an acute care hospital for detoxification prior to admission at
Highland Courte. All patients will be screened by admission staff to ensure the
health, safety and welfare of patients and the community. All patients will remain
on Highland Courte grounds at all times unless accompanied by a staff member.
Our goal is to provide the community, county and pemnsula with much needed
services. Our program provides healing and hope to families, assists employers in
retaining valued employees and provides a source of treatment for clients referred
through the legal system. Most of all, our program will bring dignity and respect
back to individuals who suffer from the disease of chemical dependency.
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FRlJ'J u=t5T~T Itc~TED
~ t-IJ. 3603798969
~pr. 11 2000 12:5BPM P2
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April 11, 2000
Tim Gennan
Sparrow Group, LLC
40S South Peabody Street
Port Angeles, WA 98362
Dear Tim:
This letter summar1zes the review I performed In response to your fax of Apr1110 of the Port Angeles Planning
Department staff report for Highland Courte. My focus was Attachment C, a memo from the Port Angel,es Police
Department
My review of the memo indicates that the Police Department may have an unfortunate and inaccurate
conceptualization of the Highland Courte proposal. One page one, the. second sentence of paragraph two states
"Assumably, the patients of the facility would also be treated for co-occumng disorders such as mental Illness. .. This
will JJ2l: be the case and, In fact, the fadlity will not be licensed for such care. As a result of this misconception, two of
the examples cited on the first page of the memo are inappropriate comparisons.
In reference to the Mount Lake Terrace comparison, I called the Division of Alcohol and Substance Abuse and spoke
with David Curts, Certification SectIon Supervisor. This section Is responsible for licensing of chemical dependency
treatment providers. He could find no reference to "Sunrise Residential Treatment Center" or any inpatient chemical
dependency fadlity in that area In recent years.
In reference to the Kelso comparison, I called and spoke at length with OIlef Steve Scibelli of the Kelso Police
Department Chief Sdbelll related that the cited fadllty was the "Drug Abuse Prevention Center." ThIs agency provides
residential treatment for court-ordered patients as well as long-term and recovery house services, and was at the time
located In rural Kelso. Chief Scibelli told me that the controversy arose from an attempt by the Drug Abuse Prevention
Center to purchase a fadllty In a residential area, and that the facility was never actually sited In the residential area.
He further stated that his department made 6-8 calls per year to the fadllty and that the residents were usually "well
behaved. ..
My own direct experience as Director of the Intensive Inpatient Alcohol & Drug Recovery Center at Valley General
Hospital in Monroe was that our relationships with the single-family neighborhood Immediately bordering the fadllty
and the Monroe Pollee Department were excellent. The involvement by the Monroe Police Department probably
matched that of Kelso.
Sincerely,
~
Landon l. Kimbrough, M.M., COP
President
270 Beckett Point Road
PO Box 1388
Port Townsend, WA 98368
3~379-8628
Toll-free 800-672-3166
Fax 360-379-8949
consultants@lanstat.com
www.lanstat.com
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. .~: ~~l~~- '.
~:~ ~ P~~r rn rn @ rn ~ W ._~a.lp.
/Lt.. t~~ Lf-'r-! llil'
272000 !I"
COMPARIBLE WASHINGTO STATE TREATMENT PROVIDERS i APR I L~./ .
P(}RT ANGElES
Lakeside Milam RecoveryCenter .:.- PLANNING D[P^:~:~~[/I!J ",
10322 NE 13200 St
Kirkland, WA 98034
(425) 823-3116
Residential facility located in high-density residential neighborhood
Sundown M Ranch
2280 SR 821
PO Box 217
Selah, WA 98942
(509) 457-0990
Residential facility located rural agricultural setting
alalia Guest Lodge
12651 LalaCove Lane
alalia, WA 98359
(360) 857-6201
Residential facility located rural housing setting
(Coast Guard housing area adjacent)
Valley General Hospital
Alcohol & Drug Recovery Center
14701 179th Ave SE
PO Box 646
Monroe, WA 98272
(360) 794-1405
Hospital inpatient facility located in mixed single family, apartment and medical clinic setting
St Peters Chemical Dependency Center
4800 College St E
Lacey, WA 98503
(360) 459-8811
Hospital inpatient facility located in mixed single family, apartment and medical clinic setting
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April 26, 2000
Tim German
Sparrow Group, LLC
405 South Peabody Street
Port Angeles, WA 98362
Dear Tim:
Due to the neighborhood security and parking concerns expressed at the Conditional Use Permit hearing
April 12, 2000 I printed the applicable policies and procedures from the operating manuals for Highland
Courte. These policies and procedures are contained in the manuals we submitted with the new provider
application filed with the Certification Section of the State of Washington Division of Alcohol and Substance
Abuse.
There is ample demonstration in these policies and procedures that these issues have been addressed in
terms of WAC 440-22, the administrative code governing chemical dependency treatment. There will be an
incident reporting system in place to address any and, as an ongoing proce~s, these policies and
procedures will be reviewed in the light of actual experience, with the input of the community, once
Highland Courte is open.
The other concern expressed was admission and/or continued stay of patients with mental health and
opioid (heroin) diagnoses. These screening and clinical decisions are guided by the Patient Placement
Criteria (2nd Edition) of the American Society of Addiction Medicine, which Highland Courte must' use
according to WAC 440-22-320 and 325. I have printed the pages from the policy and procedure manual
which documents additional admissions criteria to be used by Highland Courte.
Sincerely,
Landon l. Kimbrough, M.M., COP
President
270 Beckett Point Road
PO Box 1388
Port Townsend, WA 98368
360-379-8628
Toll-free 800-672-3166
Fax 360-379-8949
consultants@lanstat.com
www.lanstat.com
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A1TACHMENT 82
Page 1 of 13
rn. ~ 11 ft. W m ~1.
MAY -2 3D) ~,
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PORT ANGEL~S. \
PLANNING OEPAl!!l:f.~~L._._.._;
- Additional Information
Submitted to Support
the
Conditional Use Permit
for
Highland Courte
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What is chemical deoendencv?
. Alcohol and other chemical dependency are diseases just like diabetes or cancer. The American Medical
Association has given formal recognition to the disease since 1956. Current research efforts directed toward
determining the exact nature and cause of the disease indicate that alcoholism is a familial-genetic disease
which as such is carried from one generation to another by genes. Chemical dependency as a whole is a very
complex illness, and continuing research into the entire spectrum of drug dependency continues to point to
theories of individual physiological variations with genetic implication.
. The disease can be effectively treated. Most competent professionals today have come to realize that
alcoholism and other chemical dependencies are a disease and are treatable. Still, many in our society hang on
to the old misconceptions, and they stand in the way of effectively identifying and treating the illness.
. Chemical dependency is not a symptom of some other larger problem. Chemical dependency is a unique
disease entity and is diagnosed by its own set of signs and symptoms.
. Alcoholism and other drug dependencies are not a result of mental or emotional problems, bad
parenting, immoral or sinful behavior, relationship difficulties or physical problems.
What are the aoals of treatment at Hiahland Courte?
. To free the chemically dependent person from dependence on alcohol and other mood-changing substances.
. To aid patients in developing an improv~d lifestyle of sobriety that is consistent with their values, and help
them understand that responsible living is now possible without the destructive effect of the chemicals.
What is treatment for chemical deDendencv?
. The vast majority of chemically dependent persons require active aid of other people to satisfactorily
arrest their illness and begin and continue with the process of recovery. We believe permission,
protection and potency are made possible in treatment milieu through involvement of a total staff who truly
care about the recovery of each and every patient.
. Early intervention and early treatment enhance the individual's chance of recovery. Therapeutic success
is greatest during the early stages when the emotional, psychological, intellectual, social, and spiritual damage
is at a minimum. Regardless of the disease, the earlier the treatment, the more positive the outcome. This is no
different than with hypertension, diabetes, emphysema, etc.
. To effect recovery in the chemically dependent person, Highland Courte treats the illness through a
basic 21-28 day intensive program of therapy for the dependent patient, counseling for the family, and
aftercare services for all family members.
Highland Courte
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What are the elements of the oroaram at HiGhland Courte?
Education. Through lectures, selected films, and prescribed reading, the patient receives current and accurate
information concerning:
- The nature and dynamics of their progressive and chronic disease.
- The physical, social, and personality deteriorations which accompany it.
- The basic understanding of a method for achieving and maintaining a comfortable way of life free from
further dependence upon mood-changing chemicals.
Individual Therapy. This is a personal treatment experience that helps the patient see life as it really is without
the veil of chemical dependency. With the acceptance of the disease and the realization that recovery is
possible, comes hope for a new life bright with promise.
Group Therapy. Repeated experiences in groups of people who suffer from the same affliction provide the
patient with encounters designed to confront and break down their defense mechanisms and negative attitudinal
postures which always accompany chemical dependency.
What does "coexistinG disorder" mean?
"Coexisting disorder" is a term that means an individual has both a mental health diagnosis and a chemical
dependency diagnosis in accordance with the Diagnostic Statistical Manual (OSM IV). Chemically dependency
persons often exhibit symptoms such as depression or anxiety while using alcohol or other drugs. These
conditions often clear after the person becomes abstinent and the symptoms are treated as a result of chemical
use, not a separate diagnosed mental illness.
Will HiGhland Courte be admittinG oersons with coexistinG disorders?
No. All applicants will be screened prior to admission and persons with mental health diagnoses will be referred
to appropriate resources for help.
What will HiGhland Courte do if a true mental illness oroblem arises durinG treatment?
Under the Patient Placement Criteria of the American Society of Addiction Medicine, patients are continually
assessed for appropriateness of care. If a mental illness problem occurs that interferes with chemical
dependency treatment, Highland Courte will arrange transfer to an appropriate mental illness resource.
Will HiGhland Courte admit oersons ordered bv a court to oarticioate in treatment?
Those persons who are chemically dependent and who are referred by a court due to such issues as deferred
prosecution due to DUI offensives may be appropriate candidates for treatment at Highland Courte. Research
has shown that persons convicted of violent or sexual crimes do not respond to the type of treatment offered at
Highland Courte and will not be admitted. Also specifically excluded from admission will be those persons
ordered to any type of "locked down" treatment.
Highland Courte
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What are the criteria for admission to HiGhland Courte?
State law (WAC 40-22-300) requires Highland Courte to have admission and discharge criteria. Highland
Courte will perform a comprehensive evaluation and assessment of the applicant's involvement with alcohol
and other drugs. The following criteria will be used for admission and/or continued stay in the program:
. Applicants shall meet DSM IV substance dependence or abuse criteria and Patient Placement Criteria of the
American Society of Addiction Medicine admission criteria for all appropriate programs.
. Progression of applicant's disease does not prohibit him or her from benefiting from treatment at this level of
care.
. Applicants living environment and support base of family or significant others is conducive to recovery at the
appropriate level of care.
. Applicants physical and emotional/behavioral level of dysfunction from his/her chemical use does not inhibit
him or her from benefiting from participating in treatment.
. Applicants capacity and motivation is conducive to achieving and maintaining abstinence from chemical use
at the appropriate level of care.
. Applicants having a history or diagnosis of opioid intoxication, withdrawal, abuse or dependence will not be
admitted to the program unless in remission for a minimum of twelve months prior to admission.
. Applicants with a history of conviction for violent or sex-related felonies will not be admitted.
. Applicant's ability to meet the agency's financial criteria.
How will HiGhland Courte be able to ensure that the admissions and discharge criteria are
followed?
Like all healthcare facilities, Highland Courte will rely on patient history, self-report, family collaborative
information and standardized testing. To require a Criminal Background Check would not be conducive to a
recovery atmosphere and Highland Courte does not have the legal right to compel a Criminal Background
Check from every applicant. The admissions and discharge criteria will be reviewed by the Advisory Board
when the incident reporting system indicates a change is required.
What is the HiGhland Courte "Advisory Board?"
The Highland Courte Advisory Board will be comprised of the Executive Director and a group of volunteer
community members. This board will provide advice and community input to the owners and management of
Highland Courte, especially in the area of community relations.
Highland Courte
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Will Hiahland Courte oatients be allowed suoervised outside the buildina?
No. Highland Courte patients will not be allowed outside the building and must be in the company of a family
member or other responsible party when arriving or departing the program. Highland Courte will have exercise
equipment for use inside the facility. The Highland Courte is a secure facility and all persons must enter or exit
though locked keypad-protected doors.
What will Hiahland Courte do when a oatient wishes to leave?
Highland Courte staff will arrange for transportation prior to any patient departure, either by calling a
responsible family member or arranging transportation to the home, the airport or other destination outside the
neighborhood.
Will Hiahland Courte have a risk manaaement SYstem in olace?
Yes. Highland Courte has policies and procedures in place to record and monitor incidents that impact Highland
Courte or the community. The Executive Director will review any incidents and report to the Highland Courte
Advisory Board on a quarterly basis and as needed. Existing policies and procedures such as security and
patient rules will be continually reviewed to reduce such incidents.
Whv did the reoort to the Plannina Commission bv the Port Anaeles Police Deoartment
recommend aaainst aooroval of the Conditional use Permit for Hiahland Courte?
This recommendation was based on four facilities which additional research demonstrated are completely
dissimilar to Highland Courte.
. The police memo stated "Assumably, the patients of the facility would also be treated for co-occurring
disorders such as mental illness." This will not be the case and, in fact, the facility will not be licensed for
such care.
. The four allegedly negative comparisons have been shown by additional research to be inappropriate
comparisons:
- The Oak Street house was a residential facility for mental illness, not chemical dependency (Port Angeles
Police Department memo to the Planning Commission).
- The Second Street House is a residential facility for mental illness, not chemical dependency (Port Angeles
Police Department memo to the Planning Commission).
- The Mount Lake Terrace facility was a head trauma facility, not chemical dependency (confirmed by the
Certification Section, Division of Alcohol and Substance Abuse).
- The Kelso Police Chief reported in a second interview that the Kelso facility (Drug Abuse Prevention
Center) was a long-term and recovery house facility that turned out to have not been sited in a residential
area (as stated in the police memo).
Highland Courte
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. The two facilities that were comparable to Higbland Courte demonstrated no impact on neighborhoods
or police resources:
- The Lodge presented no impact on the neighborhood (Port Angeles Police Department memo to the
Planning Commission).
- The EastCenter Recovery chemical dependency program at Grays Harbor Community Hospital presents no
negative impact on the community (Port Angeles Police Department memo to the Planning Commission).
Based on the exoeriences of similarfacilities and neiahborhoods. what will the imoact on Port
Anaeles?
. Highland Courte will not have an impact on the local neighborhood or local police resources. A standardized
set of questions was asked of four law enforcement agencies in communities in Washington State with
comparable chemical dependency facilities in their community. This survey was done by phone April 20-23,
2000. The responses uniformly indicate no impact on neighborhoods or local police resources (see
Attachment).
. Highland Courte will provide treatment opportunities for the 3,901 adults in Clallam County who are in need
oftreatment. * Ofthis number, those needing inpatient care must now leave the county for help.
. Highland Courte will pay an annual payroll to Port Angeles of $790,908, an increase of $89,307 over the
former Alzheimer's facility.
. Highland Courte will help reduce the impact of chemical dependency on the community by improving
healthcare in the local area. Prevention and treatment of chemical dependency has been proven to reduce the
impact on the community of accidents, healthcare, infectious disease, crime, family problems and violence.
. Highland Courte will be a community resource for chemical dependency education.
· Source: Tobacco. Alcohol & Other Drug Abuse Trends in Washington State. Division of Alcohol and Substance Abuse. 1999.
How have orooertv values been affected in another community bv the existence of a similar
chemical deoendencv facilitv?
Darrel Hulings, Residential Property Manager Finance Manager with Bank of America in Kirkland,
Washington, reported in a phone interview on May 1,2000:
Question: "Is the property value of property surrounding the Lakeside Milam Recovery Center in Kirkland
affected by the presence of the recovery center?"
Answer: "No, in conversations with real estate agents, they agree there is no affect (on property values) from
Lakeside Milam Recovery Center."
Highland Courte
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CONCLUSIONS
The City's staff report, recommending denial of the Highland Courte Conditional Use Permit application, was
based upon:
. Preliminary informa~ion concerning the type of facility proposed by highland Courte, and
. A preliminary survey and report by the Police Department of the police related effects of a unrepresentative
group of "residential treatment facilities."
Based upon the detailed information presented in this report by the applicant, it is respectfully submitted that all
of this preliminary information has been fully and definitively refuted. .
The information presented in this report is detailed and specific, and demonstrates that for intensive inpatient
chemical dependency treatment facilities which are similar to the proposed Highland Courte facility, there is no
danger to the public, and therefore no land use issue. This detailed information on the real effects of similar
facilities overcomes the heartfelt and highly emotional, lwt entirely speculative, testimony ofthe neighbors
presented at the public bearing on April 12, 2000. Similarly to the Police Department comments, the hearing
testimony was based, not upon the facts surrounding similar facilities, but upon speculative fears. These fears
are groundless because of the true nature of Highland Courte.
For the reasons that there is no longer any factual support for the conclusion that Highland Courte is
inconsistent with the surrounding land uses, the applicant requests approval of the Conditional Use Permit.
Highland Courte
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I Highland Courte Page 7
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LAW ENFORCEMENT OUESTIONNAIRE
Is the facility in your jurisdiction?
In the past 12 months, where there any law enforcement responses to incidents inside the facility?
If yes, . how many?
If yes, for what reasons?
In the past 12 months, where there any neighborhood citizen complaints to incidents inside the facility?
In the past 12 months, where there any law enforcement responses to incidents in the neighborhood
surrounding the facility where the incident involved a patient or visitor to the facility?
In the past 12 months, where there any citizen complaints to incidents in the neighborhood surrounding the
facility where the incident involved a patient or visitor to the facility?
Compared with the rest of your jurisdiction, does the facility impact law enforcement resources beyond what
might be normally expected if the facility was not there?
Highland Courte
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COMPARIBLE WASHINGTON STATE TREATMENT PROVIDERS
Lakeside Milam Recovery Center
10322 NE'132nd St
Kirkland, WA 98034
(425) 823-3116
Residential facility located in high-density residential neighborhood
Olalla Guest Lodge
12651 Lala Cove Lane
Olalla, WA 98359
(360) 857-6201
Residential facility located rural housing setting
(Coast Guard housing area adjacent)
Valley General Hospital
Alcohol & Drug Recovery Center
14701179th Ave SE
PO Box 646
Monroe, WA 98272
(360) 794-1405
Hospital inpatient facility located in mixed single family, apartment and medical clinic setting ,
Sundown M Ranch
2280 SR 821
PO Box 217
Selah, WA 98942
(509) 457-0990
Residential facility located rural agricultural setting
Highland Courte
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U\W ENFORCEMENT RESPONSES
1. Lakeside Milam Recovery Center
83 beds, includes adults, youth and detox
King County Sheriff
North Precinct
Captain Dave Maehern
Is the facility in your jurisdiction? Yes.
In the past 12 months, where there any law enforcement responses to incidents inside the facility? None of
major consequences.
If yes, how many? A few.
If yes, for what reasons? Disturbances by patients.
In the past 12 months, where there any neighborhood citizen complaints to incidents inside the facility? None.
In the past 12 months, where there any law enforcement responses to incidents in the neighborhood
surrounding the facility where the incident involved a patient or visitor to the facility? Not usually.
In the past 12 months, where there any citizen complaints to incidents in the neighborhood surrounding the
facility where the incident involved a patient or visitor to the facility? None.
Compared with the rest of your jurisdiction, does the facility impact law enforcement resources beyond what
might be normally expected if the facility was not there? Does not happen when the facility works with the
police department to head off problems.
2. Olalla Guest Lodge
47 beds, adult
Kitsap County Sheriff
Deputy James Gastineau
Crime Prevention
Is the facili.ty in your jurisdiction? Yes.
In the past 12 months, where there any law enforcement responses to incidents inside the facility? None.
If yes, how many? -
If yes, for what reasons? -
In the past 12 months, where there any neighborhood citizen complaints to incidents inside the facility? None.
In the past 12 months, where there any law enforcement responses to incidents in the neighborhood
surrounding the facility where the incident involved a patient or visitor to the facility? None.
In the past 12 months, where there any citizen complaints to incidents in the neighborhood surrounding the
facility where the incident involved a patient or visitor to the facility? None.
Compared with the rest of your jurisdiction, does the facility impact law enforcement resources beyond what
might be normally expected if the facility was not there? No.
Deputy Gastineau reported there were a total offour crime reportsfor the neigl,borhoodfor 1999, none
involving a patient of the facility.
Highland Courte
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LAW ENFORCEMENT RESPONSES
3. Valley General Hospital - Alcohol & Drug Recovery Center
26 beds, adults
Monroe Police Department
Commander Rick Dunn
Is the facility in your jurisdiction? Yes.
In the past 12 months, where there any law enforcement responses to incidents inside the facility? Yes, at
facility address. Address is shared with Valley General Hospital
If yes, how many? Unknown - generated reports are fOl" the address shared by ADRC and VGH.
If yes, for what reasons? -
In the past 12 months, where there any neighborhood citizen complaints to inddents inside the facility? No.
In the past 12 months, where there any law enforcement responses to inddents in the neighborhood
surrounding the facility where the incident involved a patient or visitor to the facility? No.
In the past 12 months, where there any citizen complaints to incidents in the neighborhood surrounding the
facility where the incident involved a patient-or visitor to the facility? No.
Compared with the rest of your jurisdiction, does the facility impact law enforcement resources beyond what
might be normally expected if the facility was not there? No.
4. Sundown M Ranch
150 beds, includes adults and youth
Yakima County Sheriff
Stacey Brooks
Office Specialist
Is the facility in your jurisdiction? Yes - way out in the country in the Yakima Canyon.
In the past 12 months, where there any law enforcement responses to incidents inside the facility? Yes
If yes, how many? 39.
If yes, for what reasons? Runaway reports, drugs on grounds and simple assaults. Probation Dept request
assist wi picking up individuals. .
In the past 12 months, where there any neighborhood citizen complaints to incidents inside the facility? No.
In the past 12 months, where there any law enforcement responses to incidents in the neighborhood
surrounding the facility where the incident involved a patient or visitor to the facility? No.
In the past 12 months, where there any citizen complaints to incidents in the neighborhood surrounding the
facility where the incident involved a patient or visitor to the facility? No.
Compared with the rest of your jurisdiction, does the facility impact. law enforcement resources beyond what
might be normally expected if the facility was not there? No.
Highland Courte
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Report produced by Lanstat Incorporated.
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Since February 1990, Lanstat Incorporated has provided technical assistance to more than 200 agencies in Washington,
Idaho, Alaska, California, Colorado, Tennessee, Ohio, Indiana, Illinois, Oklahoma and British Columbia. This assistance
includes new agency start-up, preparation and onsite surveys for accreditation by CARF...the Rehabilitation Accreditation
Commission, maintenance of state licensure, clinical skills training, outcomes measurement, development of policies and
procedures and patient record keeping systems.
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Additional technical support includes providing technical assistance under federal Center for Substance Abuse and
Treatment, Substance Abuse and Mental Health Services Administration and HUD funding in the areas of documentation,
treatment practice, and various accreditation related issues. Lanstat Incorporated provides both onsite and at a distance
consulting and is located in Port Townsend, Washington.
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Landon Kimbrough has developed and implemented program evaluation systems for both outpatient and inpatient
treatment providers in Washington. He is President of Lanstat Incorporated. Mr. Kimbrough is a recognized expert in
technical assistance in designing and implementing corrective action plans and writing policies and procedures to assist
chemical dependency agencies in maintaining state certification, including new agency start-up and application for
approval. Mr. Kimbrough successfully combines his many years of business experience and his position as former director
of a hospital-based intensive inpatient treatment provider, developing an integrated clinical documentation system that
utilizes American Society of Addiction Medicine Patient Placement Criteria, Second Edition. He is coauthor of the college
textbook, "Patient Records and Addiction Treatment." Mr. Kimbrough serves as a member of the Board of Trustees of the
24 Hour AlcohoVDrug Helpline in Seattle. He holds a Masters of Ministry in Religious Education from Seattle University
and is licensed in the State of Washington as a Chemical Dependency Professional.
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LANSTAT I..~ .
INCORPORATED ...~0\I4 /.u.~~~!
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Highland Courte
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ATTACHMENT E
1.1i.......:.~.~....;...:.~.~.'."~...;. ;:.
.,."<_'-'>,"1
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Public eotntnent Letters
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Mary Houff
1827 E Lauridsen Blvd
Port Angeles, WA 98362-4923
(360) 457-8653
mIlE @ IE 0 'ill ~ i~'
1J1} MAY 2 4 2000 i L
L l
PORT ANGElES
PlANNING DEPARTMENT
-
May 24, 2000
Att. Planning Commission
City of Port Angeles
321 E 5th Street
Port Angeles, Washington 98362
Commissioners:
Having lust returned from three weeks in Australia and having been told that this issue is still not
decided, I wish for you to understand that I'STILL remain categorically opposed to the awarding .of a
conditional use permit which would allow the former Highland Courts Alzheimer's Center to be used
as a substance abuse treatment center.
I have been given to understand that the city staff has been instructed to reverse their former lack of
enthusiasm for this project. It would be most interesting to know the background for this instruct!on.
I would appreciate knowing the number of taxpayer-paid city staff hours [and subsequent money value
of same] which have been spent on the processes for this cup request.
I would really appreciate knowing why this neighborhood of ours is to be sublected to an incompatible
use for the benefit of the building owners, treatment center managers [all seemingly from outside
this area of ours], and mental health and substance abuse counselors.
One can only hope, I suppose, that the owners and management are as inept in this proposed use as
they were in the Alzheimer's use of the building.
Very, YID sincerely,
('
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PORT ANGELES
PLANNING DEPARTMENT
-.J
Date:
17 May 2000
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To: Brad Collins, Planning Director, City of Port Angeles
Planning Commission Members
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From: Patricia Walker
1815 E 3rd Street
Port Angeles, WA 98362
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Subject: CCPOO-03--Conditional Cse Permit--German--
Proposal to establish a chemical dependency treatment
facility at Highland Courte in a RHD zone.
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Initial treatment opportunities for chemical dependency
actually provided under this CUP would be only 221 for Clallam
County (only 63 within Port Angeles) not 3901 as implied by
the proponents (Lanstat, page 5, Attachment B, May 10th Staff
Report).
The number of adults within the city of Port Angeles
and within Clallam County (including those within Port Angeles)
with a current need for chemical dependency treatment of the
kind proposed for the Highland Courte facility under the conditions
set forth in the Planning Department Staff Report of May 10, 2000.
can be estimated for the year 2000 as 63 (city of Port Angeles
alone) and 221 (Clallam County). The number of new needs for
treatments per year can be estimated as 0.5 (Port Angeles) and
2.5 (Clallam Co.). These estimate~ are derived from estimated
treatment needs presented in Tobacco, Alcohol, and other Drug Abuse
Trends in Washington State, 1999 Report (cited by Lanstat report P5
Supplement B2 to the May 10th Staff Report), from Mr. Miller's and
~r. Martin's answers to commissioners' questions on May 10th and
from population estimates for Port Angeles and Clallam County given
in Clallam County Data Book, July 1999, Clallam County Economic
Development Council. How these values were derived is explained
in Attachment A. Once these 63 (or 221) patients are treated the
number currently needing treatment fall.s to "zero" (which should
take only a few months). Thereafter only 1 patient every other
year from Port Angeles and fewer than 3 patients per year from the
whol~ of Clallam County will need treatment of the type proposed
under this cepe
In addition, if the facility does function as stated, 85%
of those needing treatment are excluded from this facility
and therefore any beneficial impact this facility may have on
reducing all the problems associated with chemical dependency will
be negligible. Therefore, I ask that you revise Conclusions A & B
of Attachment A2 to the May 10th Report to indicate that this
facility would not qualify as a "social service agency" for the
nearby residents of this facility, or for the citizens and residents
within the City of Port Angeles or Clallam County. Any fragile
thread which suggests this is a "social service agenc;y" seems to
apply only to those well outside the RHD zone, the Municipality,
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and the County in which the physical structure of the proposed
facility is currently located. It is of no benefit to the City of
Port Angeles to allow an Alaskan, Californian or even a King Co~~t~
social service agency of this type to operate within its city liml~~.
And it may be of considerable harm.
It is clear from these numbers that the proponents have
either not started from the position of how the facility can
function as a social service agency to the possible betterment
of the nearby residents, Port Angeles, and Clallam County
or they have not thought it through carefully enough. Rather it
appears they are trying to justify the inclusion in an RHD zon~
of what is actually a comm.ercial enterprise. Also 5% is an
exceptionally small percentage for an;y "so~ial service agency" to
serve". I can accept that a social service agency ma.y be ir,corn.:
or r~source neutral, or that one may provide help on some slidln~
scale. I am having difficulty with the concept of how a facility
which incl~des the financial ability to pay for needed treatme~:
among the criteria used to determine whether it (the agency) will
confer treatment can be rightly termed a social service agency.
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Sincerely,
&:j~ lJ{u~o-/
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Patricia Walker
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Walker
Attachment A
Reference 1: Tobacco, Alcohol, and Other Drug Abuse Trends
in Washington State, 1999 Report (cited by Lanstat report P5
Supplement B2 to the ~ay 10th Staff Report)
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Lanstat's estimate of 3901 adults in Clallam County for whom
"Highland Courte will provide treatment opportunities" comes
from this reference's Table 8. This same table provides the
estimated percentage of adults within Clallam County (8.C~)
needing treatment. These estimates are from a 1994 state~icc
surve.y. The report uses the term "adults with a current ne;;d
for treatment" of "substance abuse". The report's definl~i.On
of need for treatment is broad and inclusive and does not
underestimate the need for treatment. "Substance abuse" is
used interchangeably with chemical dependency. "Adults" in tlilS
table are those 18 and older. Several other charts within thIS
report use age 20 and older as "adults".
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Reference 2: Clallam County Data Book, July 1999. Clallam County
Economic Development Council.
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Lstimates of the total populations of Clallam County anc th0
City of Port Angeles are given for 1994-1998. For the year
1998 an age distribution is given for Clallam County and the
sum of those 20 years and older can be calculated (= 74% of
the total population) and the sum of those 18 years and
older can be estimated (= 75.8% of the total population). For
the year 1998 the distribution of the total population within
the county is given as follows: Forks (5.2%). Port An~elcs
(28.3%). Sequim (6.6%), Cnincorporated (59.9%). An estimate
for the county's population is given for the year 2UOO: ~H.J~
'of this value gives the estimated population for Port Angeles.
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At the May 10th meeting Mr. Miller(?) and Mr. Martin gave estImates
of 10-15% and 8-10% as the percentage of the 3901 in current need
of treatment who might qualify for treatment at Hi~hland Courte.
when the financial requirements were met this percentage fell to
4-5% (~r. Martin). Reference 1 for 1993-1997 gIves the estimate
of 11-12% for Intensive Inpatient treatment.
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Therefore the estimated number of adults in current need of
treatment of the type Highland Courte will provide and who can
afford it is equal to the estimated total population of the county
or city. times the percentage which is adult. times the percentage
of adults who need help~ times the percentage of those needing ne:~
that meet both the treatment and the financial criteria.
(I:stirr.ated total
Reference 2
population) x (75.8%) x (8.G%) x
Ref 2 Ref' 1
( 5 . O~& )
~1 r. ~ art i n
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Current needs
In 2000 Clallam Co.
Port Angeles
= (67898)(.758)(.08G}(.05) =
= (19215)(.758)(.086)(.05) =
221
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Walker
Attachment A (continued)
The estimated annual increase or new patients needing treatment
is the difference between any 2 successive years or the difference
between any 2 years divided by the number of years elapsed.
Csing the years 2000 and 1994 we can estimate the annual increase as:
For Clallam County:
For Port Angeles:
(221-206)/6
(63-60)/6
= 2.5 new needs or patients/year
= 0.5 new needs or patients/year
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With the ability to treat 50 patients per month, Highland Courte
could meet all of the current needs of the county in 4 to 5 months
or for the city alone in 1 to 2 months. Even if only 10 patients from
the county were treated per month, all residents with current need in
the county would be treated in less than 2 years, including the 5 who
became new patients in those years (for the city -- 6 or 7 months).
This assumes all who need treatment will seek it or have it thrust
upon them. I see no way all the conditions of the CCP can be met
and have this be a long term, viable private facility.
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Other relevant numbers.
Ref. 1 Table 9
Age distribution among those
adults needing treatment
Age 18-29 46.8%
30-54 43.3%
55+ 10.0%
Ref. 2
Age distribution of all
Clallam County Adults
Age 18-29 14.7%
30-54 43.9%
55+ 41.4%
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Highland Commons I and II have a total of 98 low to moderate
income apartments; required age to reside there is 55+. By covenant,
Highland Estates also has such an age requirement. So nearly
100% of those closest to the facility are among that segment of the
state's population least in need of treatment. The adjacent
neighborhoods are substantially 55+ and many are retirees. Ref. 1
lists the following groups as having much lower rates of current
treatment needs than their comparison groups: those not in the
labor force; those who are female. Of those adults who need
treatment 70.3%are male, 29.7%are female. One could hardly find
a population less represented among ~hose in need of treatment
than the neighborhood surrounding this facility. The vast majority
are 55+, the majority are retired or otherwise out of the labor
force, and 2/3 are female. In what possible way will this facility
benefit them?
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Based on Ref.1 Table 8 (1994 data), 10.5% of adults statewide
need treatment (compare 8.6% within Clallam Co.). Approximately
1.47% of Washington's adults live in Clallam County, bu~ only
0.98% of those adults statewide who need treatment live in this
county. This indicates that Clallam County adults as a whole are
less in need of chemical dependency treatment than those in other
parts of the state.
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Walker
Atachment A (continued)
Reference 3. Treatment for Alcohol and Other Drug Abuse, Technical
Assistance Publication Series, 11, U.S. Department of Health
and Human Services, Printed 1994.
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This reference in discussing coexisting psychopathology and
substance abuse, sometimes termed "dually diagnosed", says that
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have found:
More than 50% of those who abuse drugs other than alcohol
have at least 1 coexisting mental disorder
More than one-third of alcohol abusers have at least one
mental disorder
29% of people with mental illness have lifetime history of
drug abuse or dependency
Among substance abuse treatment programs the rate of
overlapping disorders is roughly 50-65%
studies
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In discussing Residential or Inpatient Treatment Programs: these
are "...most appropriate for individuals who have not been successful
in outpatient settings, those who have a very serious substance abuse
problem, those needing concomitant medical or psychiatric care or
observation, and those without a stable social support system in the
communit;y." In discussing Minnesota Model, 28-day programs, or
Hazelden type treatment (these employ the types of treatments Highland
Courte proposses to use): "...programs may be especially appropriate
for persons with concomitant psychiatric pisorders, persons assessed
to be suicidal, those addicted to more than one chemical, or persons
with serious medical complications."
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May 22, 2000
Planning Commissioners
City of Port Angeles
Port Angeles, W A 98362
\IU rn @ rn n w rn.~,
lJl) MAY 2 2 2000 ; ~ I
To the Members of the Planning Commission:
PORT ANGELES
PlANNING DEPARTMENT
I have attended both open meetings about the proposed substance abuse center to be
located at Highland Court. I have not given testimony at either session, but I feel that I
would like to send a few thoughts about the remaining open issue - the 10 conditions.
Before addressing these issues, I would like to commend you and thank you for your
thoughtful and probing questions. They demonstrate that you will not be making your
decision lightly and are trying to uncover all of the filcts before you decide. In addition, I
would like to convey that I am very impressed and proud of my fellow residents in the
Highland area. Through their testimony they have displayed intelligence, rational
thinking and caring. Their testimonies showed much more than a merely emotional
approach to the issue.
In terms of the conditions, I have several concerns. I am now retired, but I have worked
for two federal law enforcement agencies -IRS and ATF (the Bureau of Alcohol,
Tobacco, and Firearms). I worked in an administrative capacity for these agencies, not in
a law enforcement capacity. I can tell you from dealing with these law enforcement
officials, however, that for these types of conditions to be adhered to, there must be on-
going monitoring and the authority to impose penalties when infractions are discovered.
This requires clear-cut guidelines, staff and monetary resources that the City of Port
Angeles is probably lacking.
I mentioned that I worked in an administrative capacity. I have almost 20 years of
personnel experience (with the Federal Government and with a State University in
California). In my professional role I either personally conducted reference checks on
new employees or guided hiring officials who conducted the reference checks. When this
organization states that they will keep out individuals with a criminal record based on a
list of questions, seu:.certification, and checks of references provided by the clients, I
would submit that they are very naive about the process and we can be sure that they will
most likely be admitting individuals with criminal records (albeit inadvertently).
I can tell you from my experience, that individuals who have negative background
information that they wish to hide, will not give true seu:.certification. Also, they will
only list references who will support what they have stated In order to be sure that you
are getting a true picture, you must conduct a criminal history FBI check, and/or you
must use an investigator who can go out and check on historical items and with
individuals not listed on the admission form. In federal employment, a thorough
background investigation often turns up information - not supplied by the applicant - that
proves the person .unsuitable for employment.
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I am also concerned about the security promises. When they state that they will have a
staff of 31 for 50 residents, I would like to know the composition of the staff. I am sure
that many of the staffwill be involved in housekeeping, cooking, and office positions and
will have no role in insuring that security measures are met. In additio~ if they do not
have the resident populatio~ they will be forced to cut back on staff-including critical
staff that could enforce the security measures they propose. Also, as you have already
stated at the last oPen meeting, the keypad security system is inadequate to secure any
resident who has full mental facuhies.
Finally, the issue of the letter stating negative information about Northwest Health Care
may be significant. If you have the resources, I would recommend that you check the
track record of the company and the Executive Director in terms of living up to their
promises. My mother has Alzheimers Disease and I researched Highland Court before
deciding to place her in another facility. My decision was based, in part, on some
information from a family member of another Alzheimer patient. She had checked out
two facilities run by this organization, and she found them to be quite lacking in terms of
. quality care, despite the organization's assertions and promises. This is second hand
informatio~ however, and I would urge you to check it out for yourselves.
In closing I thank you again for your great efforts in trying to gain all of the pertinent
information to make your decision. In light of negative public sentiment, the advice of
City statI: and possibly your own sentiments, I believe that it would take some
incontrovertible point of law to force you to approve this facility. I hope that if you must
decide in favor of the proponents for this reaso~ you publicize your basis for making
your decision. Thank you for allowing me to voice my concerns.
Sincer~~ .
r~tJJ.- jaN ~
(Mrs.) Mardell Xavier
1627 E. 5th St.
Port Angeles, W A 98362
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To the Clallam County Planning Commission
/iJflf fil In WI m {
00/ MAY loam jS
PORT ANGELES
PLANNING DEPARn.:f.~iT
"'~"""''''_._'---'
To the City of Port Angeles City Council
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Upon listening to the tapes of the first meeting for the approval of the facility
for alcohol and drug rehab center at Highlands Commons:the presenters
spoke of the lovely facility in the ElIensburg canyon, but neglected to say that it
was out in the country with no neighbors, which is very different than one in the
middle of an established community of senior citizens. I live in close proximity
of the proposed facility.
Sincerely, Katherine Allen
1{~tf()~
pp
723 Elizabeth PI.
Port Angeles, W A 98362
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Submitted by:
Roy 1. Vami
] 8] 4 E. Lauridsen Blvd.
Port Angeles, W A 98362
ill rn @ rn
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J MAY-
PORT ANGELES
PlANNING DEPARTMENT
Conditional Use Pennit - CUP 00-03 - Gennan - Proposal to establish a substance
abuse treatment facility in an existing structure located with the RHO, Residential
High Medium Density zone.
ow m.rn)
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Subject:
DURING PRESENTATION BEFORE THE PLANNING COMMISSION AT PUBLIC HEARING
HELD ON APRIL 12, PROPONENTS STRESSED MORE TIIAN ONCE THAT TIlE PROPOSED
F ACll..ITY WAS INTENDED TO BENEFIT THE COMMUNITY. CONVERSELY, AT A PUBLIC
MEETING WHICH THEY HELD AT HIGHLAND COMMONS ON MARCH 31, THEY STATED
THAT PATIENTS WOULD BE IMPORTED FROM ALASKA.
PRESENTLY, ACCORDING TO THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
ADMINISTRATION WEBSITE (WWW.SAMHSA.GOV) THERE ARE 2]6 ALCOHOL AND DRUG
TREATMENT F ACll..ITIES WITIllN JUST] 00 Mll..ES OF PORT ANGELES; AND OF THOSE 9 OF
THEM OFFER INPATIENT TREATMENT. THIS MEANS THAT A PORT ANGELES RESIDENT
WHO SEEKS INPATIENT HELP NEEDS TRAVEL NO MORE TIIAN 100 Mll..ES TO OBTAIN THAT
HELP. SO, nns PROMPTS THE QUESTION: WHY IMPORT PEOPLE FROM ALASKA (SOME
AS FAR A WAY AS 2000 Mll..ES) TO Fll..L BEDS AT HIGHLAND COURTE. THE ANSWER IS
THAT IN THE ENTIRE STATE OF ALASKA THERE IS ONLY ONE F ACll..ITY THAT OFFERS
INPATIENT CARE. THIS LATTER FACT IS ALSO FOUND IN THE ABOVE NAMED WEBSlTE.
SEE ALSO THE A TT ACHED LIST OF F ACll..ITIES GATHERED FROM THAT WEBSITE.
THE CONCLUSION, THEREFORE, IS THAT ALASKA HAS A NEED FOR BEDS AND HIGHLAND
COURTE CAN PROVIDE THEM - NOT TO THE BENEFIT OF THE PORT ANGELES COMMUNITY
BUT RATHER TO THE BENEFIT OF THE OWNERS OF A PRESENTLY EMPTY FACll..ITY AND
TO THE CERTAIN DETRIMENT OF MANY NEARBY RESIDENT SENIOR CITIZENS THAT THEY
ORIGIN ALL Y PROMISED TO PROTECT.
Wll..L THE COMMUNITY OF PORT ANGELES BENEFIT FROM THE IMPORTATION OF
40 OR MORE PEOPLE WITH DRUG OR ALCOHOL PROBLEMS? OF COURSE NOT. IF PEOPLE
IN OUR COMMUNITY WHO HAVE ALCOHOL OR DRUG PROBLEMS SINCERELY WISH TO
OVERCOME THEIR TERRIBLE HABIT AND TO BE TREATED IN AN INPATIENT FACll..ITY
THEY NEED TRAVEL NO MORE TIIAN 100 Mll..ES TO OBTAIN THAT HELP.
PORT ANGELES AND THE PEOPLE OF PORT ANGELES DO NOT NEED SUCH A FACILITY -
ALASKA DOES.
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Page 2
FOLLOWING IS A LIST OF THE PRESENT INPATIENT FACILITIES LOCATED WITIflN 100
MILES OF PORT ANGELES:
1. ST. JOSEPH HOSPITAL RECOVERY CENTER
BELLINGHAM, W A
PHONE: 360-734-5400, EXT 2201
2. SWEDISH MEDICAL CENTER
. SEATTLE, W A
PHONE: 206-781-6209
3. VA PUGET SOUND HEALTH CARE SYSTEM
SEATI1..E, WA
PHONE: 206-764-2781, EXT 2781
4. SCHICK SHADEL HOSPITAL
SEATTLE, W A
PHONE: 206-244-8100
5. V ALLEY GENERAL BEHAVIORAL HEALTH SERVICES
MONROE, W A
PHONE: 360-794-1405
6. GROUP HEALTH COOPERATIVE
REDMOND, W A
PHONE: 425-883-5151, EXT 4366
7. PUGET SOUND HOSPITAL
TACOMA. W A
PHONE: 253-756-9548
8. GRAYS HARBOR COMMUNITY HOSPITAL
ABERDEEN, W A
PHONE: 206-533-8500
9. LAKESIDE RECOVERY CENTER
PUY ALLUP, W A
PHONE: 253-840-8687
THE ONE AND ONLY INPATIENT TREATMENT CENTER IN ALASKA IS:
1. CHARTER NORm BEHAVIORAL HEALm SYSTEM
2530 DEBARR ROAD
ANCHORAGE, AK 99508
PHONE: 907-258-7575
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April 6,2000
Port Angeles Planning Dept.
P.O. Box 1150
Port Angeles, Wash 98362
rn rn@rnn w ~r~1..
I ; I ;j ;
: APR -1<IDlI~
L PORT ANGELES
PLANNING DEPARTMENT
Attention: Mr. David Sawyer, Senior Planner
-
Dear Mr. Sawyer;
I, am writing to object to the facility at 1702 Highland Courte, Melody
CirclJpeing turned into a drug treatment facility.
I feel" the residents on Golf Course have endured enough already.
This was and is supposed to be a residential area. We have people
doing businesses out of their home, low income facilities that look
like hotels and then a alzheimers facility.
Already, I feel I have been made a babysitter or whatever by either
residents of the low income apts. or the alzheimers facility.
Several time, as I was driving down the street, I observed elderly
ladies, no coat or sweater, hair somewhat disheveled standing in
the cold (Nov , Dec) looking dazed. I couldnot ignore them and
stopped to take them back. I did not speak to anyone as I felt it
would do no good. Now. were into drug and alcholic addicts.
There has been one on Race street that has already failed. A beautiful
building, with swimming pool, large grounds ect. I had the opp-
ortunity to tour the facility. Locks everywhere. Now, the article
in the paper says This is not a detox center and only people who have
stopped 4busing drugs and alcohol would be there just to learn how to
stay off the toxic substances.
Then it says only patients with blood levels of less than .8 percent
of any forbidden chemical would be considered for treatment.
Now how can a person be off chemicals and have a .8 percent
chemical in their bloodstream?????
Second, if all there being admitted for(Like the 12 step program)
learning how to stay off the drugs, ect., why do they have to
stay there? Why not a outpatient basis, like the 12 step program
there referring to ????
You (I hope) and I both know alcohol and drug addicts really never
stay clean and at times are dangerous, due to needing money, cars to
get away ect.This is no place for them, in the midst of 2 large apt:
complexes full of senior citizens, who cannot defend themselves 1111
Please, give Golf Course Road a break. This is only good for the owner
and NO ONE else 111
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Shirle and~~ry Lappier
924 Golf Course Road
Port Angeles, Wash 98362
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To:
Regarding:
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I APR - 5 2lDI 'e0
PORI ANGElfS J
MfiIIT
Port Angeles Planning Conunittee
The Proposal to convert the Highland Court Alzeheimers R
Dependency Treatment Hospital.
We, the following, would like to have our objection noted.. We believe that it is not appropriate to locate
a Chemical Dependency Treatment Hospital in a retirement community. Commons I and Commons II are
designated Low Income Senior Housing. Also the Highlands is a senior housing developement.. Elderly
people, particularly when living alone (several homes are occupied by single women), tend to become
insecure. Establishing a Chemical Dependency center next to their homes and apartments, thereby
creating shared common areas, will result in increased insecurity feelings of being "locked in", in their
own homes. This is unexceptable when considered in light of the fact that such a Chemical Dependency
facility can be placed in an area that is not solely senior residences.
Name
Signature
Address
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ATTACHMENT E
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UlJ APR - 5 2(D) i ~
PORT ANGElES
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ATTACHMENT E
Page 2 of 56
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(3
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Name
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PlANNING DEPARTMENT
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Page 3 of 56
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DRYSDALE
HOME
MANAGEMENT
SERVICES
We can make your life easier.
ill
APR - 6 2(00
RT ANGElES
PlANNING DEPARTMENT
P.O. Box 3174 / Port Angeles, WA 98362
<:?60> 457-2855
April 6, 2000
Via Facsimile: 417-4711
David Sawyer
Senior Planner
Port Angeles Planning Dept.
P.O. Box: 1150.
Port Angeles, W A 98362
Re: Hi!!hland Courte: 1702 Melodv Circle
Dear Mr. Sawyer:
I am the Personal Representative of the F..st.ate of Daisy McInerney.
Mrs. Mcinerney owned a home adjacent to Highland Commons and Highland Courte.
The house will soon be listed for sale. My responsibility as Persona! Representative is to "
obtain the best sale price for the property. I Want to express my concern about the
potential placement of a drug/alcohol treatment center in the Highland Commons
residential neighborhood.
.
Locating a fifty (50) bed drug treatment center in the middle of a residential
neighborhood will drive down property values. The Highland CoUrte application presents
a threat, not a benefit, to the tranquility of the sUlTounding neighborhood. The existing
facility could be used as a congregate care or assisted living facility without disrupting the
neighborhood. It makes no sense to approve a use that has nothing in common with the
area and, forcing the neighbors to live with the consequences. The mere fact that the
application has been filed has created much controversy and anxiety in the neighborhood.
Those concerns will only increase if the application is approved. There is no support in
the community for the Highland Courte application. Please do not allow a drug treatment
center to be established in that area.
L1:E~,
.fanet Drysdale
Personal Representative
Of the Estate of Dai'\v MrTTlP'TnPlI
ATTACHMENT E
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April 6, 2000
ill
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APR - 6 211II
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Ralph & Dee Howard
1619 E. Fifth Street
Port Angeles, W A 98362
David Sawyer, Senior Planner
Planning Department, City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362
Dear Mr. Sawyer:
This letter is to voice our strong opposition to the proposal to allow a substance abuse
treatment center at the former site of the Alzheimer center at Highland Courte, 1702 Melody
Circle.
This is a residential neighborhood that has not been adversely affected by the building of elder
care facilities. The elderly and their caregivers have not significantly changed the residential
feel ofthe area. They have not created traffic problems. However, this will not continue if
city of Port Angeles were to allow the location to be changed to a substance abuse facility.
There will be a constant flow of vehicles - at all hours of the day and night. Remember, the
address is Melody CIRCLE. This means only one way in and one way out.
Unfortunately, our family has experience with substance abuse treatment facilities. Many of
the people who will be confined in the proposed center will be there because a judge or
someone else is forcing them to be there. They will not be "drug free" as representatives of
Northwest Care Management Inc. would have you believe. In addition, we've worked in an
area where there was a substance abuse facility. The residents of the center were constantly
parading through the neighborhood as they did their group counseling "on foot". This activity
too takes place day and night. I would not feel safe if I were one of the current elderly
residents of Highland Courte I or II. We frequently walk on Melody Lane and will be
reluctant to do so if the conversion is allowed.
It is unfortunate that the corporation could not make an Alzheimer facility a financial success.
However, they should endeavor to fmd a use for the building in keeping with its original
intent - perhaps as a full care nursing home.
In closing, please remember this is a residential neighborhood with a preponderance of elderly
neighbors and has limited access. Substance abuse centers should be located on large tracts of
property where the residents can wander at will and not make neighbors feel unsafe and
uncomfortable.
Sincerely,
12~~ r&c/\~
'b~ I!w~\
ATTACHMENT E
Page 5 of 56
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Page 1 of2
Brad Collins
From:
To:
Sent:
Joel Miller <jmiller1@cLolympia.wa.us>
<planning@ci.port-angeles.wa.us>
Wednesday, April 05, 2000 4:35 PM
IDlll ~ II ft W ffi ~
1\1\1 APR - 6 mI @
Joel Miller
46 Fairbairn Road.
Montesano, W A
pORT ANGELES
PlANNING DEPARTMENT
April 5, 2000
Mr. David Sawyer
Senior Planner
City Of Port Angeles
PO Box 1150
Port Angeles, W A 98362
Dear David:
My mother recently made me aware of a conditional use request for the former
Alzheimer facility adjacent to the Highland Estates Neighborhood where she
owns a home. My understanding of the need for this is based on the owners'
inability to gain enough clients in the ten months that the operation was in
business to make it a successful venture for the investors.
I first would like to address the rationale of changing the conditional use
of this facility. I am disturbed that a conditional use permit for a
substance abuse facility is compared similarly to the conditional use of an
Alzheimer facility. There are few reasonable similarities. I am bothered
that there is little information that shows a treatment facility history of
the owners and their ability to deliver upon the promises they make. I am
astonish~d that a facility that was first intended for long term care of the
elderly will now be treating a transient population. I am troubled that the
neighbors, who are mostly retired, and should be enjoying the results of
their hard work, are being told to shoulder the burden of a failing
investment. If this new use is allowed, what message are we sending these
elders on their worth to the community?
I would also like to address my concerns to the planning department and the
City Council on a personal level. Three years ago my father passed away in
North Carolina leaving my mother with no immediate family to care for her.
They had moved to Asheville after spending many grand years of retirement in
Port Angeles. They moved not because they were unhappy with Port Angeles,
but because they desired more experiences in their life. After my father
passed away, my mother wished to move home to the Northwest where there
would be support of family and friends. I gladly brought my mom back to this
area. When it came time to find housing my mother chose to move back to Port
Angeles and build a house. A home where she would be by friends, she new the
business community, and most importantly for her where she would be safe
living alone. My mother reinvested her savings and her trust in the City of
Port Angeles. What investment is the City making to these seniors that live
in this neighborhood?
ATTACHMENT E
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Page 2 of2
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My mother received notice of the proposed change with mixed emotions. She
had empathy for the investors of the Alzheimer site because she had
purchased a home from one of them. She had compassion for the individuals
with drug or chemical dependencies because she is a kind and caring woman
who believe we must take care of our fellow man. She challenged herself on
why she would be uncomfortable with this change in her neighborhood. Simply
put, she was afraid. My mother was afraid of her investment, concerned for
her neighbors, and fearful for her personal safety. Lastly, she was angry.
What reasonable persons would want to create fear in a neighborhood of
senior citizens?
As a son of a nearly eighty year young woman I ask that you not be more
concerned of an investment gone bad in the short span of ten months. I ask
that you reflect upon the people in this neighborhood, my mother included,
who believe in Port Angeles, who live in this city for its quality of life.
People who cherish that it is not a large city. That with its limitations in
size and a slower economy comes the rewards of a small town. It is a town
that ages gracefully and allows grandmothers and grandchildren to live safe
and secure. Lastly, I ask only one simple question. If your mother lived
within a stones throw of this proposed facility, how would you feel?
Respectfully yours,
Joel Miller
Joel Miller
.
ATTACHMENT E
Page 7 of 56
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Mory Houff
1827 E Lauridsen Blvd
Port Angeles. WA 98362-4923
(360) 457-8653
00 rn ~ ~ U W ~ .... r..~~":
D r . '~JI~1
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: APR - 6 2000 :@J
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PORT ANGELES
PLANNING DEPARTMENT
April 5, 2000
Att. David Sawyer, Senior Planner
City of Port Angeles
321 E 5th Street
Port Angeles, Washington 98362
Mr. Sawyer:
I wish to state that I am categoricalJv opposed to the proposed 'substance abuse treatment center' as described in the
Peninsula Daily News of April 6, 2000.
I find it odd that the neig.hborhood was only apprised of this extremely controversial chan~ of use throug.h a leg.al notice
published on March 26, 2000 in the same newspaper and a single staked notice in the garden of the facility given that
the deadline for written comment is April 6. 2000.
Those of us living in Uplands 1, 2 and 3 are directly affected by this change of use. I fail to understand how we neigh-
bors of this possible treatment center should be reassured because it is to be a '8etty Ford' 'upscale' facility, Wealthy
individuals who abuse substances would, seemingly, have no more control over their actions than poor individuals who
abuse substances. The possib~ of 46 substancEHmpaired individuals roaming.. my neighborhood is disturbing. to say
the least [the PDN article notes that the facility is a 46-bed unit). 80b Martin, the potential manger of the proposed
clinic, states in the article that 'only patients with a blood level of less than .8 percent of any' forbidden chemical will be
considered ready for treatment at Highland Courte" - isn't the legal minimum for alcohol just .08%? I called the Drug
Task Force and was told that at .4%,99% of humans would be dead. I then called the Daily News rep.orterLlm'a Green,
who ver"oj obligingly checked with Mr. Martin who told her that he had 'misspoken: Even with the allowable level at less
than .08% of blood volume, the neighborhood could be at the mercy of 46 people with .079% - or 46 intoxicated
individuals just under the legal limits of public drunkenness!
I need to know the answers to several important questions:
.
1. How many patients will the facility be allowed to treat at anyone time?
2. What is the patient to staff ratio? [Not the number of total employees, which would include secretaries and ianitors.
but actual individuals working with the patients - especially the .patient to staff ratio during the entire 24-houl"'
period of each day.)
3. How much freedom of movement will be allowed to the participants of the program?
4. Will the City of Port Angeles Police Department patrol the area more than at present? How safe will the neighbor'-
hood be for those of us living here?
5. If this use of the facility is no more lucrative than the Alzheimer's treatment use, what else will be proposed and
allowed by the zoning and the whims of the planning department and City Council? The possibilities are mind-
bogglin(l in terms of neig.hborhood safety and the current residential life-style.
I look forward to the Planning Commission meeting of April 12.
Ver"oJ since~
{Jj4JJ1J
ATTACHMENT E
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1801 EAST 5TH STREET
PORT ANGELES, WA. 98362
MARCH 4, 2000
SIR,
MR. DAVID SAWYER, SENIOR PLANNER
PORT ANGELES PLANNING DEPARTMENT
P.O.BOX 1150
PORT ANGELES, WA. 98362
I APPOSE THIS REQUEST IN THE STRONGEST WAY, FOR THE FOLLOWING
REASONS. ~CCESS TO MELODY LANE FOR ANY TYPE OF EMERGENCY
IS ON A9~AD ACCESS, GOLF COURSE ROAD. A FACILITY OF THIS
TYPE SHOULD BE LOCATED IN AN AREA WHERE ANY KIND OF ASSISTANCE
NEEDED WOULD BE AVAILABLE IN A VERY SHORT TIME. THE PROPOSED
LOCATION IS IN A REMOTE RESIDENTIAL COMMUNITY.
ANY PATIENT LEAVING THE FACILITY, AUTHORIZED OR NOT, WOULD BE
REQUIRED TO WALK OR CALL A TAXI AS THE CLOSEST BUS IS
APPROXIMATELY ONE-HALF MILE AWAY AND WOULD MEAN THE PATIENTS
WOULD BE WALKING THROUGH THE SURROUNDING RESIDENTIAL NEIGHBOR-
HOOD.
SINCE THERE IS NO PUBLIC TRANSPORTATION, IT IS NOT IN THE IN-
CREASE IN VEHICLE TRAFFIC THAT BOTHERS ME, IT IS THE VOLUME OF
FOOT TRAFFIC BY FAMILY AND FRIENDS OF THE CHEMICALLY DEPENDENT
PATIENTS GOING THROUGH THE AREA.
.
THE PATIENTS PLACED IN THESE RE-HAB CENTERS SHOULD NOT BE SUB-
JECTED TO THE KIND OF OPPORTUNITIES AVAILABLE IN THIS TYPE OF
SETTING. IT IS HARD ENOUGH EVEN WITH CLOSE SUPERVISION TO BE-
COME REHABILITATED.
.
THE ABOVE OBSERVATIONS ARE MADE FROM 30 YEARS OF LAW ENFORCE-
MENT WITH THE LOS ANGELES COUNTY SHERIFFS DEPARTMENT.
~~a4
~ARGENT RETIRED L.A.S.D.
..-.....,,-
LOCKHART GALE
1801 EAST 5TH STREET
PORT ANGELES, WA.Q8362
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ATTACHMENT E
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April 4, 2000
City of Port Angeles Planning Commission
c/o: Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
P.O. Box 1150
Port Angeles, W A 98382
ill
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APR - 52000 :Ii 1/
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PORT ANGElES
PlANNING OEPARTfv\~NT
re: Application to convert Highland Courte Alzheimer's Facility at 1704 Melody Lane to a
Rehabilitation Center for Chemically Dependent Patients
At the time the Highland Communities property was approved for development in 1993, it was
intended to be a Planned Senior Housing Community consisting of 26 patio homes, condominium
units, and apartments. No resident was to be under fifty-five (55) years of age. To date, all
residents of Highland Estates are at least fifty-five years of age, as are those occupying units in
Highland Commons I and n. The Highland Courte facility, now closed, fit the definition of a
senior area as most Alzheimers patients are over age 55. The proposed facility would serve
residents of varying ages and thus be counter to the understanding that we have had with the
developers and builder of our homes. It also would not adhere to the intent at the time of
development would not be advantageous to us, the current homeowners. I think that there is a
legal obligation to those of us who bought our homes in good faith believing that this would be a
,~ty ~@7 ~he Planning Commission deny this appfication.
Barbara K. Gase
1723 Lambert Lane
Port Angeles, W A 98362-4967
(360) 452..2014
ATTACHMENT E
Page 10 of 56
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PA 3c ~ -4..::. .
. Page 11 of 56
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Gerald Powell
718 Elizabeth Place
Port Angeles, Wa. 98362
rn . ffi @ rn 0 W ~ ! .'~'.:
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I APR - 5 2lDJ J~
PORT M-lGELES
" ~. P~tLt-!I!m OE-E~:;F~'ENT
David Sawyer, Senior Plalmer
Port Angeles Plarming Department
PO Box 1150
Port_Angeles, Wa. 98362
April 4th 2000
Dear Mr. Sawyer~
Hopefully, the vast opposition to the application to allow a chemical
abuse . patients clinic to be placed' directly next door to my home,
will not be granted.
I am very sure that all of the commission members are well aware of
what it means to be drug dependant.
A drug dependant person, MUST have a daily dose of whatever the
drug is, in his or her case.
A drug dependant person will stop at nothing to get his or her ftx.
OUf police department is not large anough to handle this problem.
Even murders are being commited just to satisfy a one days craving for the drug.
PLEASE do not grant a pennit to locate this facility here.
Respectfully,
d7 <-V-co -f? e/'
/?~-~
Gerald Powell
ATTACHMENT E
Page 12 of 56
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Port Mgeles, WA 93362-4917 lit U/ rt.
ATTACHMENT E
Page 13 of 56
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. ATTACHMENT E
Page 17 of 56
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ATTACHMENT E
Page 18 of 56
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PLANNING [)EPr~~~,,::,.." .
Harvey M. Knettle
1803 E. Lauridsen Blvd.
Port Angeles, Wa.
98362
......---
Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
P.O.Box 1150
Port Angeles, Wa 98362
Dear Sir:
It is ludiorous to assume that a faCility for ohemioally dep-
endent patients be plaoed in a residential neighborhood.....anywhere.
If brought to a vote for residents East of the college and West
of the golf course, the result would be negative.
Give the voters their say.
Thankyou;
,.~:::> ,~/ /" C-.
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ATTACHMENT E
Page 19 of 56
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~- The Alzheimer's Facility on Melody Lane is now closed. The owners
have applied for a permit or license to convert it to a
I Rehabilition Center for Chemically Dependent Patients.
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ALERT
ALERT
If our community comes together and fights this we may be able to
prevent the conversion.
We understand, at this juncture, the only way we may be able to
stop this process is to write letters to the Planning Department
objecting to this sort of facility in our neighborhood.
One of our neighbors has checked with Mr. Sawyer at the Planning
Department and was told any and all letters must be received prior
to April 06, 2000.
If you are against this change, please WRITE and MAIL tOday to
voice your objection.
The address is:
Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
POBox 1150
Port Angeles WA 98362
On April 12, 2000 a public 'hearing on this matter will be held at
the Plannipg Department. If at all possible, please attend.
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ATTACHMENT E
Page 20 of 56
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ATTACHMENT E
Page 21 of 56
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City Planning Department - ill1
321 East Fifth Street 'I"
Port Angeles, Washington 98362
APR - 5 ~ 1l[J ~, - April 1, 2000
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PCKr ~,NC:ElES
. PLAN~!!:~G DE?:-.;nwITT
to. . __ _.:..s."..,.....-"'~...-......... ....._-~. . ...
To Whom It May Concern:
Re: Conditional Use Permit to allow
the Conversion of an Alzheimer's Home
to a Hospital for the Treatment of
Chemical Abuse
The proposed conversion of the Alzheimer's facility to a 50-bed chemical abuse
treatment center is not an acceptable use for a number of reasons.
.:. Northwest Services, who plans to operate the facility, failed to make the Alzheimer's
home work. Why should we believe they have the financial capability to provide the
necessary security for a chemical abuse treatment center?
.:. Where does Northwest Services plan to get 50 paying patients for this new facility?
There are not that many paying patients on the peninsula. So, we have not reason to
believe Northwest Services can make this project profitable either.
.:. Will the chemical abuse patients being treated in this proposed facility have visitors?
1f so who? Family? Or family and friends? Ifvisitors are permitted some of them
will be drug adducts and/or alcohol abusers, also. They will be a direct threat to the
200 or 250 vulnerable senior citizen living in Highland Commons I and ll. They will
be a threat to the surrounding neighborhood as well. Even if no visitors are allowed
50 patients are themselves a threat to Highland Commons and the neighborhood.
The Alzheimer's Home was not the original use for the building and a variance had to be
granted for that use. The Alzheimer's patients posed no threat. A chemical dependency
treatment center is not an acceptable use for this facility for the reasons outlined above.
Therefore, we ask you not to vote for this variance.
Chuck & Mary Lou Paulson
1845 East Lauridsen Blvd.
Port Angeles, W A 98362
360-452-7701
Copy: Don Zanon, Executive Director Peninsula Community Mental Health Center
John Brewer, Editor & Publisher, Peninsula Daily News
ATTACHMENT E
Page 22 of 56
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Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
P.O. Box 1150
Port Angeles, W A 98362
Dear Mr. Sawyer,
[0), le @ U \VI ~~'
lJll APR - 5 2000 .;'.
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pC': "': .-::-:----~.,
"~ _-..~._f:-!t',~::~;...:.'~'.::-:.. ~
April 4, 2000
Re: Conditional Use Permit to allow
the Conversion of an Alzheimer's Home
to a Hospital for the Treatment of
Chemical Abuse
Please find enclosed a letter sent to the City Planning Department with copies sent to Mr.
Don Zanon, Executive Director Peninsula Community Mental Health Center and Mr.
John Brewer, Editor & Publisher, Peninsula Daily News.
We are extremely opposed to the conversion ofthe Alzheimer's Home to a facility for the
treatment of chemical abuse. A facility of this nature does not belong in the center of a
senior citizen housing development. . f ~
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Chuck & Mary Lou Paulson
1845 East Lauridsen Blvd.
Port Angeles, W A 98362
360-452-7701
ATTACHMENT E
Page 23 of 56
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ATTACHMENT E
Page 24 of 56
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APR - 5 2000
ALERT
ALERT
ALERT
PORl MJ,GEL~S."..,
PLANNING OEfl~R_,)':;(\ ..
The Alzheimer's Facility on Melody Lane is now closed.
have applied for a permit or license to convert
Rehabilition Center for Chemically Dependent Patients.
The owners
it to a
If our community comes together and fights this we may be able to
prevent the conversion.
'We understand, at this juncture, the only way we may be able to
stop this process is to write letters to the Planning Department
objecting to this sort of facility in our neighborhood.
One of our neighbors has checked with Mr. Sawyer at the Planning
Department and was told any and all letters must be received prior
to April 06, 2000.
If you are against this change, please WRITE and MAIL today to
voice your objection.
The address is:
Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
POBox 1150
Port Angeles WA 98362
On April 12, 2000 a public hearing on this matter will be held at
the Planning Department. If at all possible, please attend.
ATTACHMENT E
Page 25 of 56
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Arthur Dean Wilmot
1840 E. Lauridsen Blvd.
Port Angeles, Washington 98362
n w ~ r;,-
llilrn:R ~ 5 ~'l!;\
L rj~fr;~~.r:_:-' - -
ionr. ~~1!!1',:~':.:~~:~~:^ ~:.<~,::~ ..~
Port Angeles Planning Commission
City Hall
Port Angeles, Washington
Dear Commission Members:
Regarding the planned Chemical Treatment Center proposed for the Highland Court area,
I would like to express my opposition and dismay that it is even being considered. This is
a high density zoned area, and more importantly it is for senior citizens, most of whom are
single women. Their fear is palpable. This project plans to take drug and alcohol addicts
from Alaska, as well as regional clients. With a projected population of 50 clients, plus 30
staff, plus visitors to the clients, will overwhelm this area. It is not a fitting business (that
is what it is) for this location.
I have worked with Heroin addicts in Victoria, with the Narcotic Addiction Foundation
of B.C., and with other chemically dependent addicts with the Western Ontario
therapeutic Community in London, Ontario, and I know the potential problems these
addicts present. I worked with addicts who had a $500 a day habit back in 1972, and they
had to rob and steal to support their habit. While they sought treatment, their motivation
was often fleeting, and they were soon back on the street. Do we want to import such
people to our small town from Alaska? Do we want to make senior citizens feel they must
be confined to their rooms or the building out offear? I would hope the Planning
Commission will have the foresight to place this project in a non-senior housing
development, and a high density zoned area. Please, I beg of you.
smc~~
/.-
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Arthur Dean Wilmot
ATTACHMENT E
Page 26 of 56
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ill ~ @rnD W ~:. I,. n.'!
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\ APR - 52000 iiUi
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PGRT AMGELES l
. PU\NN!~JG OEPc:HMn.!1 l
.....~ --------. ~'..' ..~_....,..._~......
April 1,2000
Planning Committee
321 E. 5th St.
Port Angeles, Washington, 98362
Attention: Regarding the proposal to convert the Highland ,Court Alzheimer's Residence to a
Chemical Dependency Treatment Hospi~l.
I would ask that my strong objection be noted. It is not appropriate to locate a Chemical Dependency
Treatment Hospital in a retirement community. Commons I and Commons II are designated low
Income Senior Housing. Also the Highlands is a senior housing development.. I live a little further
away and walk each day with residents from these areas. One of the elderly ladies already
barricades herself into her house at night. A second is extremely nervot,ls, closing up her home early
in the evening, spending her evening hours in the back portion of the home. It is unexceptable to
subject these people to the development proposed.
It is unfortunate that the beautiful (and expensive) building did not succeed as a Alzheimer's home.
Clearly there are not enough wealthy families with these problems. I would wonder if there are
enough wealthy families affected by chemical dependency and willing to undergo treatment in this
small town in which they live. Obviously this is why the Treatment Hospital plans to bring addicts
from as far away as Alaska. Folks needing treatment, do deserve the excellent programs proposed,
but are not suitable to be located in a retirement neighborhood. Where will these individuals go for
their recreation and exercise so important in restoring their good health? They will have to walk and
play in the neighborhood.
I am also concerned about the increased traffic along Golf Course Road and more especially Melody
lane. The elderly residents of Commons I and II take their exercise walking along these roads as well
as the pathways near their homes. Even walking between the two buildings will be more hazardous
with frequent in and out traffic.
In closing, I would say that I am deeply disturbed that the city could be so unkind in their thinking to
first create safe area for seniors, then subject them to this situation. The apartments are small, the
people need to be able to get outside onto the grounds and feel safe doing so. . This is an
unacceptable plan.
Thanking you for your kind consideration, I remain,
Sincerely,
74tJ~
Heather A Wilmot
/gl/O C!: 0~
ATTACHMENT E
Page 27 of 56
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1745 E. 5'" Street
Port Angeles. W A 98362
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April 3, 2000
Mr. David Sawyer, Senior Planner
P.O. Box 1150
Port Angeles, W A 98362
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Dear Sir:
m
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APR - 5 2000 nU),
1-'
PORT ANGELES
PLANNING DEPARI!;1NT
.. -.a......"......._
Please add our letter to all of our neighbors that oppose the opening of a Rehabilitation Center for the
Chemically Dependent, on Melody Lane.
There is no public transportation from and to !his facility. This kind of element walking through the
neighborhood or their friends that may come to visit that have the same problems, is putting all of the
..'i~l)e1~ that live in this neighborhood at risk, not to mention the children, and elderly.
. t this change. Please reconsider putting a stop to the planning of this kind of facility
e.
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Mr. and Mrs. J. Rushby
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Page 28 of 56
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ATTACHMENT E
Page 29 of 56
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Uo] APR - 4 ~;:J
PORT ANGEUf'" ..
PlANNING DEPARTlvDiT
1814 E. Lauridsen Blvd.
Port Angeles, W A 98362
March 31, 2000
I
David Sawyer, Senior Planner
Port Angeles Planning Department
P. O. Box 1150
Port Angeles, W A 98362-02 I 7
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Dear Mr. Sawyer:
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Regarding public hearing to be held on April 12, dealing with the proposed conversion of an
Alzheimer's Home to a Hospital for the treatment of chemical abuse patients to be located adjacent
to Highland Common I and U in the city of Port Angeles.
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Please make the following information part of your record for benefit of the Planning Commission
in their deliberations of the merits of the above proposal.
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During a meeting earlier today with representatives of the builders of the subject property (to be known
as Highland Courte) concerned citizens of the adjacent area were told that this would be a safe facility.
However, having doubts of their words and intentions as against the possible happenings, we asked a
number of questions including the following:
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I. If. as it is our understanding, the Alzheimer's Home was originally constructed to house at least forty
patients; and since only a handful of patients actually materialized, thus negating any profit for the owners,
what guarantee do we have that the next tenants will not be sexual predators if this project fails?
Answer: No reply was made.
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2. If not enough chemical dependent patients are found in Port Angeles, will patients be imported from
Seattle, Tacoma, San Francisco, even Los Angeles?
Answer: Yes, even some drug dependent people from Alaska.
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3. Is it possible that you might also lease out space to alleviate crowding at city or county jails?
Answer: No reply was made.
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4. What safeguards will be installed to prevent patients with drug dependency from wandering the
neighborhood looking to find sources for funds to support their habit?
Answer: A vague response by the proposed director that he will not allow it.
5. Will patients come to your facility only of their own free will?
Answer: Yes.
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6. Is it possible that some drug dependent patients will be sentenced by a judge to undergo treatment
at Highland Courte?
Answer: No. (Note: no guarantee of this was offered)
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7. Is it possible that patients who come to Highland Courte under the latter circumstances could be
violent felons, mentally unstable, or both? .
Answer: No definite reply was made nor any guarantee.
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ATTACHMENT E
Page 31 of 56
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April 2, 2000
TO: Port Angeles Planning Commission
FROM: Jim and Julie Haguewood
705 Chirstman PI.
Port Angeles, WA
360-452-3540
RE: Change of use, Highland Commons
Dear Sirs,
Im~:1~~'~@-'R'.~ll'" ru~ I"~ j" .
[J}l- ~l'L... .W.. I.~.,r-:'.
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: APR - 4 2000 : U
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PORT i\NGElES-'~-'"
PtANNfNG OEPARTtl.ftlT
~r_ I........
We would like to express our opposition to the proposed change of use of the
former alzheimers facility in the Highland Commons complex. The proposal
of a drug rehabilitation center is not compatible with the senior oriented
neighborhood.
Initially, this development was designated and promoted to the existing
residential neighborhoods as a senior housing development, which we did
not oppose. We are very opposed to changing the market of the operation
and feel that the new use will have a negative affect on Highland Commons
and the Uplands neighborhood.
Thank you for your consideration.
('~~\Jo
I,' ",
I \
L/
cw~
ATTACHMENT E
Page 32 of 56
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l1l1: APR - 11 21,~.!.
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PORT M\G,~c
~ PtJ,.~.NING DEPUf .
April 4, 2000
II
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Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
P.O. Box 1150
Port Angeles, Wa 98362
Mr. Sawyer,
Let the record show, that we are firmly opposed to the permit or
license to convert the Alzheimers Center to the Chemically Dependent
patient Rehabilitation Center on Melody Lane.
The residents of this area have been ignored at every request the
owners have made. Building codes and land use codes have been changed
just for them, and a quiet residential area is now a busy commercial
zone.
Enough is Enough.
,di~ o/~t~, ~1,j'~
Floyd & Billie Taggart
1830 Melody Lane
Port Angeles, Wa 98362
ATTACHMENT E
Page 33 of 56
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ATTACHMENT.E
Page 34 of 56
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PLANNING OEP^RT~~J ~ ___'
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ATTACHMENT E
Page 35 of 56
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: APR - 4 2000 ' : ~ . ,
I. 1~'~'
PORT ANGELES
PLANNING DEPARTMENT
April 3, 2000
Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
POBox 1150
Port Angeles WA 98362
Dear Sir:
This is in regards to the closer of the Alzheimer's
Facility on Melody Lane. Most of us in the anea are
getting up in years and feel threaten by having a Rehabilition
Center being proposed in our neighborhood. We feel there
are many other considerations that could fit nicely into
the Facility without frightening the neighbors.
Please consider us.
Thank you.
Sincerely,
-'2
,,/~u::p (~.~~L
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Mis. Robert Carlson
ATTACHMENT E.
Page 36 of 56
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April 2, 2000
/fDJrIE @ IE 8 _tiff .."
l1/1L APR - 4 2rm .
PORT ANGELES-' .,~.
PtANNING DEPARTMENT ,
--.-'
TO: The City of Port Angeles Planning Commission
We are threatened with the conversion of the alzheimer
facility on Melody Circle to a 50-bed rehab facility
for drug dependent WEALTHY patients.
Our street, for the most part a walkway for our residents,
is relatively narrow, with no restrictions on a speed
limit that I know of. Up to now, the alzheimer van
has used it at higher speeds than normal. The food
trucks, enormous beasts, naturally park near the alzheimer
building, leaving their motors on, polluting for a
certain period our "quiet and healthy" neighborhood.
These trucks were bringing food for a few patients
and a small staff. With a 50-bed facility with 30
people on staff, how many more deliveries will be made?
We have pleasant walks and with this conversion the
crossing from Building I to Building II is threatened.
Our seniors are slower, many are hearing impaired,
have poor sight, balance and reflexes. With the addition
of many more vehicles, including the Saturday visiting
hours, and the greater amount of large vehicles more
commonly used by the patients, as has been stated by
the new management (SUV's, Porshe, etc.), how will
our families come to visit in peace their grandparents
and parents?
I shall spare you more examples of potential and possible
accidents which appear imminent.
Kindly reflect a little further and come to an honest
conclusion, denying their permit.
Perhaps you will have parents or grandparents in need
of our facilities in the near future as well.
Respectfully y~.
L~
Rev. Lucienne Kirk (Retired)
79 years of age, Apt. 115,
1703 Melody Circle
ATTACHMENT E
Paqe 37 of 56
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IOf}
file:lllUntit
3~~,
From: Garvey Blanc
To: Clunn, City Planning Comm
Subj: Proposed conversion of facilities on Melody Lane to use as "Rehabilitatio
Center for Chemically Dependent Patients"
IfDJr~ @ U Wit'
Lnll,_ APR - 4 2000 .
~ I -
. .' .~Ci'n :J:GElES ~..1
Only recently (today) my Wife and I became aware of the subject proposal. ~.11":l:::l!t&.~'iL@H
has been little time to consider and react in other than an instinctive fashion and that is
of course with an emphatic NO.
--1
We're recent newcomers to the area (5 years ago) and we selected our home in the
Highlands fOT many reasons, not the least being the peace and quiet the neighborhood
affords. We feel safe and secure here.
The advent of the treatment center for Alzheimer's disease was only marginally
acceptable to us - conversion to a drug adddict treatment center, with probable
attendant increased police and emergency vehicle traffic as well as increased episodes
of violence in the area is not acceptable. The current well-founded feeling of safety and
security in our home and neighborhood would be gone because of the mere existence
and proximity of such a facility, not to mention the potential for increased unpleasant
activity.
We will attend the 12 April meeting in protest ofthe proposal.
ATTACHMENT E
Page 38 of 56 l5
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PlANNING DEPARTMENT i
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ATTACHMENT E
Page 40 of .56
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April 01, 2000
Mr. David .Sawyer, Senior Planner
Port Angeles Planning Department
POBox 1150
Port Angeles WA 98362
o....l
'-
Dear Mr. Sawyer:
Yesterday afternoon we attended a meeting designed to acquaint our
neighborhood with the proposed transformation of the Alzheimer's
Care Facility located on Melody Lane to a Rehabilitation Center for
Chemically Dependent patients.
The representatives attempted to alleviate fears that patients,
their friends or families could be a threat or danger to our
citizenry. However, this did not happen. Many of the pertinent
questions posed were left unanswered by these reps. We think they
purposely ignored the questions because their responses would not
allay our concerns.
They did indicate a surveyor study was made showing a need for an
Alzheimer's facility prior to its development. However, it is now
apparent that study was flawed since they were not able to acquire
enough patients to make it a profitable venture. They now state
that a study has been made showing a need for an up-scale Rehab
Center for this area. An additional concern is what happens if
this study is also flawed and this venture is no more successful
than this last one. Will their supplemental clientele be court
mandated?
We feel a good deal of concern for our safety as well as the,many
elderly residents of Highland Commons and the surrounding
community. We are a vulnerable populace. Many are frail and truly
fear what patients and their friends might do. The newspapers are
full of stories about drug related crimes.
Enclosed are two pictures, one from 1996, the other one from today.
rhe residents. of our area were told by the owner of the land
where the Highland Commons now sits (prior to its rezone and
development)that their mountain view would never be obstructed.
Lies, disinformation? Gun-shy, you bet!
We,respectfully r~quest you deny the permit for this change.
Sincerel.~., ..d~/.""'7/}'(' '.,~j ~'7+--
-1'././ /J":'/ ~.' _: J, " .:;"-L
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1'.....,. . '.-/" I .-,.'-
Gene andJi~ty(ie/Mrddl~\-i~I"i~'-
711 Elizab~th Plac~
Port Angeles WA 98362
ATTACHMENT E
Page 41 of 56
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ATTACHMENT E
Page 42 of 56
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4:0@M ~ April...2QQ~L_
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POR r .~NGELES J
_ PlANNING DEPARTMENT
It is only today that we learned that the Alzheimer's facility on Melody lane is being
considered as a possible drug rehabilitation center. Also, we have been infonned that you
have stated letters of protest must be received prior to April 6, 2000. Considering that
today is the afternoon of the 3rd, I wonder if you are not being a bit inconsiderate even
arbitrary and precipitous in allowing we the residents of this area to express our dismay at
such a conversion.
:vlr. David Sawyer, SenIOr Planner
Port Angeles Planning Department
P.O. Box II SO
Port Angeles W A 98362
Dear Mr. Sawyer:
I have two small children and moved to this area for the express purpose of being able to
raise my children in a safe and decent environment This move was at considerable
sacrifice to my family and I have left a lifetime of friends and associations back in
Illinois. The sort of people being rehabilitated in such a facility pose a danger to all and
given the recidivism rates among those in such programs, the proposal amounts to little
more than establishing an enclave of seriously dysfunctional types in a neighborhood of
retired and \'lorking families who only want to raise their families and live out their lives
in a sate and wholesome environment.
I have already seen the effects of some bureaucrat who put a Section 8 couple in our
neighborhood. The cops made regular visits out here" \Vhen they moved, the owners
apparently had to clean the place out with shovels. \.\'hy can't you planners take into
consideration the lives of people who just want to live quietly and decently in the homes
for which we have worked all of our h\"es? You seem to delight in ruining decent
neighborhoods in your desire to do '"good', I intend to both mail this and hand deliver a
copy to city hall.
Sincerely,
Allan J. Harrison
1834 E. Fifth S1.
Port Angeles, W A 98362
(36014172078
ATTACHMENT E
Page 43 of 56
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04/01/00
Port Angeles Planning Division
City of Port Angeles
Port Angeles, W A 98362
[OJ m Ii) m 0 WI m ,W
lJl) APR - 4 2000 . LJ
PORT ANGELES
PlANNING DEPARTMENT
Re: WAC 197-11-355
Highland Courte
1702 Melody Circle
We would like to protest the Drug Rehabilition Center that is being
proposed for the above address. Our concerns are, that you will be
placing the residents of that area in some danger if a patient were
to get uncontrolable. Most of the people that live in the
surrounding area are elderly and could not protect themselves. It is
an area for low income Senior Citizens. Also many Senior Citizens
live in this area.
Thank you for your consideration of this aspect.
Sincerely yours,
'-----1.\,~ J. . It1 15~
J I v~. ~~
Mr. and Mrs. Don Brittain
714 Golf Course Rd.
Port Angeles, W A
ATTACHMENT E
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PORT ANGELES
PlANNING DEPARTMENT
:.~,.~~.~~~--.-.
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State closes, nursing home deemed,qnsafe
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:Th~drug patients told POli~:',
ATTACHMENT E
Page 49 of 56
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Page 51 of 56
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Mr. David Sawyer, Senior Planner
Port Angeles Planning Department
P.O. Box 1150
Port Angeles W A 98362
4:00PM 3
ill rn @ rn D - WI is,;
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1 APR - 3 2000 f~
pn~...rR1l&Ilr ANGElES J
.' NNING DEPARTMENT
Dear Mr. Sawyer:
It is only today that we learned that the Alzheimer's facility on Melody lane is being
considered as a possible drug rehabilitation center. Also, we have been informed that you
have stated letters of protest must be received prior to April 6, 2000. Considering that
today is the afternoon of the 3M, I wonder if you are not being a bit inconsiderate even
arbitrary and precipitous in allowing we the residents of this area to express our dismay at
such a conversion.
I have two small children and moved to this area for the express purpose of being able to
raise my children in a safe and decent environment. This move was at considerable
sacrifice to my family and I have left a lifetime of friends and associations back in
Illinois. The sort of people being rehabilitated in such a facility pose a danger to all and
given the recidivism rates among those in such programs, the proposal amounts to little
more than establishing an enclave of seriously dysfunctional types in a neighborhood of
retired and working families who only want to raise their families and live out their lives
in a safe and wholesome environment.
I have already seen the effects of some bureaucrat who put a Section 8 couple in our
neighborhood. The cops made regular visits out here. When they moved, the owners
apparently had to clean the place out with shovels. Why can't you planners take into
consideration the lives of people who just want to live quietly and decently in the homes
for which we have worked all of our lives? You seem to delight in ruining decent
neighborhoods in your desirC? to do "good'. I intend to both mail this and hand deliver a
copy to city hall.
Sincerely,
Allan J. Harrison
1834 E. Fifth St.
Port Angeles, W A 98362
(360) 417 2078
ATTACHMENT E
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APR-3ml
4/3/2000 PORT ANGElES
PlANNING DEPARTMENT
Mr. David Sawyer, Senior Planner
Port Angles Planning Department
P.O. Box 1150
Port Angeles WA 98362
Dear Mr. Sawyer,
We venemently oppose a permit for a Rehibilitation Center 'for
Chemically Dependent Patients in our neighborhood at The Uplands
Subdivision on Melody Lane.
Very truly yours,
Lfi-,~ ~"C/nd-~J( l~C\)^ t t It, C.l./\A.1' () t (j ~ Le /
M'dfIfitm'*. and J;~et L. Antolock
814 Golf Course Road
Port Angeles WA 98362
ATTACHMENT E
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ATTACHMENT E
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DATE:
To:
FRoM:
SUBJECT:
~ORTANd!LES
WAS H I N G TON, U. . A.
CITY COUNCIL MEMO
August 1, 2000
MAYOR DOYLE AND CITY COUNCIL
Michael Quinn
2001 COUNCIL GOALS
Summary: The attached list contain the 2000 Council Goals & Objectives revised into a policy-
oriented format for 2001. The goals have been expanded with some narrative definition, and many
of the objectives have been consolidated into a policy-directed format. Those objectives that were
completed as specific objectives were deleted, and those remaining were included under a new section
entitled "Programs I Projects." This new area gives staff and Council the opportunities to identify
the specifics of "how" we accomplish the "what" defined in the objectives and the "why" explained
in the goal statements. It results in a more flexible, but directed document. In addition, a priority
column has been added for Council emphasis and determinlltion.
Recommendation: Review the document and set priorities for the objectives by number 1
through X, as well as offer any changes to the narrative. Please note that a suggested new goal
was added for Community Relations. Staff will develop programs I projects; and you may
offer written suggestions to me for staff review at any time prior to August 21st since the
departments will be finalizing their budgets the following week. We will review these items
during Council Budget Review and revisit priorities on objectives and set priorities on
programs I proj ects. The ultimate goal is to develop a budget that addresses your Council
objectives with identifiable, measurable programs I projects that we can track their
performance to verify the achievement of desired results. .
~"I '",
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CITY COUNCIL
GOALS - OBJECTIVES - PROGRAMS I PROJECTS
2001
GOAL: FINANCIAL STABILITY
Provide consistent an quality municipal services through the adequacy, utilization, and
development of financial resources that maximize return on investment, ,leverage of
outside sources, and equity for local taxpayers.
Update and improve long-range fmancial projections and trend profiles to
facilitate strategic forecasting.
Avoid diminishing operating reserves and maintain fund balances at prescribed
policy levels.
Evaluate capital equipment replacement and capital facility support with a long-
range plan.
Minimize potential tax, fee, and utility rate increases while reviewing staff and
operations to maximize effectiveness.
Pursue outside grants and loans whenever feasible.
........."... --.-.--..............
DiOtl:...:.
............................
-2-
17
GOAL: INTERGOVERNMENTAL RELATIONS
Promote communications, legislative influence, and agency cooperation with all public
entities on the North Olympic Peninsula, as well as State, Federal, and Tribal agencies
which impact our community and environment.
.
Interact with other public agencies and their staffs in a professional,
productive, and participatory process that enables cooperation, fiscal economy,
and effective results which serve our community.
Protect the City's water system as it relates to impacts of the Elwha River dam
removal project.
Coordinate major capital project, fmancial impacts and resources, and strategic
goals to promote a commonly shared vision for the future development of our .
community and region.
li~iit..............
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18
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GOAL: QUALITY MUNICIPAL SERVICES
Organize and provide municipal services that are oriented toward meeting the needs of our
citizens, effectively utilizing available resources, and achieving improvements in our
community's quality of life.
Assure that community support services are provided, within available resources,
to aid those segments of our community most in need such as the elderly, disabled,
children, and others needing assistance.
Promote emergency preparedness and consumer safety / information to enhance the
public welfare.
Strategically plan municipal services to maximize their efficiency and effectiveness
over the long term.
Update, modify and enforce local regulations and codes which reduce nuisances,
improve permit processing, and orientates regulations in a more user-friendly
direction.
.........,............,.-.............-..
Pnon
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)
/
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GOAL: EMPLOYEE EXCELLENCE
Expand programs and policies that enhance the work environment, stimulate employee
performance, and promote customer service to assure the provision of quality municipal
services and prepare our employees for the future challenges in municipal government.
piifil;~
.........................,.......
P'''''o'': ''::
.........~.. 0.....'.. ..... ..
....:.. -I::. . .".
..--.....--..............
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Expand leadership training and development for employees.
Evaluate the Customer Commitment Program and related impacts.
Integrate the city's Statement of Values into the workplace.
Improve the effectiveness of employee incentive programs.
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GOAL: COMMUNITY DEVELOPMENT
Develop policies and promote implementation measures that enact our Comprehensive
Plan, preserve th character of our community, and provide the necessary public facilities
and infrastructure consistent with our vision for the future.
..........................,...........
PhOrr
...............................
Monitor efforts and impacts associated with utility legislation, fmancing, and
operations.
Maintain, replace, expand, and improve necessary public facilities and
infrastructure to serve and protect the community's needs within available
resources as established in the Capital Facilities Plan.
J
Review and evaluate the feasibility and cost / benefits of fiber optic expansion, or
other technological source, to provide broadband services, other advanced
technology services, and advanced communication and information services to the
community.
Update and prepare comprehensive plans and strategies to guide our future
capacity, quality, design, and capitalization of public facilities and infrastructure.
Comply with intergovernmental regulations and goals that impact our provision
and operation of public utilities.
Develop a property management plan for all land and facilities which provides
inventory and information suitable for proactive decision-making.
Evaluate the options and impacts of expanding the UGA and corresponding
.annexation plan.
Establish a regular maintenance program fo City facilities with a comprehensive
assessment and replacement analysis completed on a periodic basis.
d...............................
liliim
Evaluate decommission of Morse Creek Hydroelectric Project.
I Install underground electrical on Ediz Hook
-6-
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GOAL: COMMUNITY DEVELOPMENT continued
In cooperation with the PUD, install a transmission line on Gold Course Road
Reduce combined sewer overflows and evaluate stormwater management and
funding options.
Design and determine fundin~ for Pool Renovation Project.
Proceed with historical preservation of Carnegie Library and determine the best use
for the facility. .
Review status of City-owned properties.
Construct 8th Street bridge and road improvements.
Realign Airport Road
Incorporate non-motorized transportation committee recommendations into the
Capital Facilities Plan.
-7-
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-.;'<.'~';";f,:'_::'#:!'\i~'~f,;-;;<!~-":\:~;-',:}, ;[''1;~'.'~-;-;:i,~:.!;~,~':~).\r/,)~~(r-''j:,{~i:':j;;i9:
GOAL: ECONOMIC DEVELOPMENT
. Stimulate the community's economy through a combination of policies and programs
which diversify the economic base, support the community and resource-based activities,
provide adequate infrastructure and support, promote the opportunities for high
technology and innovative applications for our business and industrial base, and establish
the community's prominence as the service and activity center of the North Olympic
Peninsula.
.
.
Implement comprehensive community support programs that recommend economic
development strategies and projects to the City Council and provide timely
informational reports on economic activity.
Collaborate with other agencies to promote a timely cleanup and redevelopment
of the Rayonier site that serves the best interests of the corporation and community.
Cooperate with the Port of Port Angeles to stimulate and develop Port property and
support the proposal of an Airport Industrial/Business Park.
Support efforts of the Economic Development Council, Port Angeles' Downtown
Association, Chamber of Commerce, Visitors and Convention Bureau, and other
community agencies to create a positive business climate that stimulates private
investment.
Promote tourism and establish linkages with Victoria, B.C., Puget Sound cities, and
other Cascade area communities to enhance economic opportunities.
Revitalize the downtown core and create an economic partnership with local
business that encourages economic vitality, encourages pedestrian interaction, and
incorporates the objectives of the "Main Street" model.
Explore opportunities to support and promote the economic diversification of the
community, especially in areas of advanced technology, marine industrial,
telecommunications, and other potential businesses that can expand our local
economy.
. ............--.............
~Iijm;'
Collaborate with Clallam Transit to complete the International Gateway Project.
Evaluate and pursue the viability of a Convention / Conference Center.
-8-
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GOAL: ECONOMIC DEVELOPMENT continued
Evaluate potential uses of Ennis Creek Estate property and potential for campus-style
development.
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24
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GOAL: COMMUNITY LIVABILITY
Protect, preserve and enhance the quality of living within our community which fosters
a commitment toward excellence in environmental, cultural, social, and physical benefits
to our citizens.
Promote responsible efforts of forest management, fish preservation, and other
programs that preserve, protect, and balance our community's livability with our
natural environment.
Research and adopt as necessary new ordinances, that improve community
aesthetics and welfare through responsible enforcement and regulations as well as
heightened community awareness.
Acknowledge citizens for civic contributions and public service on Boards and
Commissions.
Promote our annual clean-up and recycling events through improved results and
increased participation.
Evaluate the usefulness of neighborhood planning.
."-- ...---...................
Irion........;
.............................. ..
Develop telecommunications ordinance.
Develop revised adult entertainment ordinance.
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NEW
GOAL: COMMUNITY RELATIONS
.
Enhance citizen - government communication in order to promote a more responsive and
accountable municipal organization which functions with understanding and support for
its constituency.
Improve the governments access programming and information available on
Channel 21 (access channel) to promote topics of interest, information and welfare
to the community.
Strengthen community participation and interaction in local government affairs.
Develop performance measures to gauge the effectiveness of municipal services and
customer satisfaction.
Utilize technology to improve informational exchange and communications between .
the City and its customers.
e~iDi::,..)
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G:\EXCHANGE\CITYMGR\GOALS.WPD
.26
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FORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
July 18, 2000
To:
MAYOR DOYLE AND CITY COUNCIL -~
Timothy J. Smith, Economic Development Direct~
FROM:
SUBJECT:
Contract with DenRee Productions for E-nabled Visions Tour
Summary: At their last meeting, the City Council accepted a recommendation by the Port
Angeles's Works! Advisory Committee to engage the community in an intensive outreach process
called the E-nabled Visions Tour. The Enabled Visions Tour has been designed to facilitate
community-wide discussions and education about the impacts and potential for E-commerce and
other economic development uses of the internet. The process would gather and report the findings
of the "tour"as a basis for decision making on subjects such as the investment of City funds into
telecom infrastructure and the potential for development of a community portal. Council authorized
the City Manager's Office to pursue the implementation of the project. The City Manager and
Economic Development Director have analyzed the project scope and met with DenRee Productions
to negotiate an appropriate scope of work and fee for implementation.
Recommendation: Authorize the Mayor to sign an agreement with DenRee Productions
toim lement the "E-nabled Visions Tour".
Back~round / Analysis: Within the last several months, the City has identified and investigated
several approaches for diversitying economic development opportunities. City involvement in the
deployment oftelecommunications infrastructure and other efforts to attract the "new economy" have
been identified as technology initiatives that can assist us in retaining, expanding and attracting new
employment opportunities. At the last City Council meeting, the Port Angeles's Works/Advisory
Committee presented a recommendation for a unified approach to engaging the entire community in
an intensive communication and education outreach process regarding e-business. The specific
approach recommended has been labeled the "E-nabled Visions Tour", The Enabled Visions Tour
is designed to purposefully facilitate community-wide education and discussions about the impacts
and potential for e-commerce. The. project would gather and report findings and information
necessary for local business leaders, the community-at-Iarge and ultimately the City Council as a basis
for decision making.
. In accepting the committee recommendation, Council authorized the City Manger Office to pursue
implementation of the project which had been estimated at between $65,000 to $80,000. Since that
meeting, the City Manager and Econ,?mic Development Pirector have further discussed the. project
and refined it into an appropriate scope of,work which allows the project to be implemented in a
series of tasks allowing for review checks throughout the implementation process. An agreement
with DenRee Production for implementation of the project has been negotiated to allow for a fee
schedule not to exceed $70,000. The negotiation has been based on compartmentalizing the scope
into the series of individual tasks. This approach allows the City the opportunity to assess the need
27
to continue the project and/or the extent to which consultant assistance services may be necessary,
following the completion of each task. In the event that a decision to discontinue or, adjust the
contract should occur, the fee would be adjusted accordingly. The following scope of work outline
provides details regarding the recommended work in each task and the recommended budget.
E-nabled Visions Tour
Scope of Work
.
Phase One: Community Outreach and Initial Report
$45,000-$55,000
Task 1
Conduct a 2-3 month community-wide communications outreach program to facilitate
discussions and gather information which gauges the present level of internet usage for e-
commerce and other purposes, measuring both present Internet applications and future
anticipated usage and applications. Outreach shall target and the extent to which consultant
services are necessary 20-30 community area groups such as the major service clubs and
associations with the additional inclusion of other community groups such as community
youth organizations, the elderly, social, religious, low-moderate income, and others to assure
that the effort has reached a broad segment of the Port Angeles community.
Task 2
Conduct a series of 6-1 0 community survey events at major community gathering locations
such as shopping centers, and the Post Office to gather further input and data measuring the
understanding, acceptance, use and anticipated use of the internet and e-commerce by area
residents and business.
Task 3
Assemble data from Task 1 and 2 into a printed report and presentation to the Port Angeles
City Council and Port.
.
Phase Two: Community and Leadership Workshops
$5,000-$15,000
Task 1
Conduct a daylong community workshop, facilitating a town meeting style discussion of e-
commerce, Internet use and upcoming economic and social changes related to local present
and future use of the Internet. Identify and quantify community interests and ideas in new
internet applications which may promote economic and community development
opportunities.
Task 2
Facilitate a series of workshops with community leadership aimed at identifying options and
promoting decision-making regarding technology infrastructure issues necessary to enable the
community's desired use f the internet.
Typical contract language and specifics beyond the scope of work will be prepared in typical fashion
with the assistance of the City Attorney Office subject to Council authorization to proceed with the .
project as outlined.
28
CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MA TTERSI
PROCLAMA nONS:
Terry Gossage Retirement
WORK SESSION:
LA TE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDA:
FINANCE:
A ward A&E contract for
Laurel Street Slide Repair
CITY COUNCIL MEETING
."',""'.;,.:, '. :.'. '-,..,;,"',"--''''i:A'",:..:;-:o')'
Port Angeles, Washington
July 18, 2000
Mayor Doyle called the regular meeting of the Port Angeles City Council to order at
6:00 p.m.
Members Present:
Mayor Doyle, Councihnembers Campbell, Erickson, Hulett,
McKeown, Wiggins, and Williams.
None.
Members Absent:
Staff Present:
Manager Quinn, Attorney Knutson, Clerk Upton, S.
Brodhun, B. Collins, G. Cutler, T. Riepe, Y. Ziomkowski,
L. Haehnlen, S. Galuska, S. McLain, K. Bogues, V.
Daugaard, B. Rowley, G, Kenworthy, G. Drake, S. Sperr,
K. Ridout, J. Hicks, B. Beverford, and D. O'Donnell
Public Present:
Arnold Schouten and Kevin Hansen
The Pledge of Allegiance to the Flag was led by Mayor Doyle.
Mayor Doyle read a proclamation regarding Terry Gossage's retirement and presented
Mr. Gossage with a certificate. Terry Gossage accepted his certificate and thanked the
City Council. ..
None.
A proposed letter to Congressional Delegation regarding Elwha Dam Funding to be
placed under Other Considerations as item number six.
1.
Award A&E Contract for Laurel Street Slide Repair
Mayor Doyle reviewed the information provided by PubJic Works,Director Cutler
regarding the Laurel Street Slide Rep~ir imd Stair Replacement Project,96"05. Director
Cutler informed Council that City Engineer, Gary Kenworthy,..,.h,as A completed
negotiations wi~,Hays Aichitect firm to provide architectural and engineei:ing services.
The price for the firm's services was negotiated at $34,000. Engineer Kenworthy
explained the details of the project to Council. Councihnember McKeown inquired
about the hill's soil being soft and if the budgeted amount of $200,000 will cover all
project eXl'enses:, Director. Kenworthy noted that this project is still in the conceptual
stage and more mforrnati.on will be provided by Hays Architects when the design work
is completed. Coucihnember McKeown asked if items could be eliminated if the
project were to. go over budget. Engineer Kenworthy replied in the affirmative.
Councihnan Hulett notedthat Exhibit C stated lighting design is not required and asked
if there would be lighting. Engineer Kenworthy explained there was already existing
lighting at the site. Councihnan Williams inquired about an overall stabilization plan
for problem ~lide areas in Port Angeles. Engineer Kenworthy explained that the City
and private property owners affected by slide problems would have to work together to
come up with solutions.; Councihnan Campbell asked Engineer Kenworthy to explain
the stabilization process that would be used. Engineer Kenworthy explained various
procedures used forstabiliziIlg hillsides such as soil nailing. Councilmember
McKeown moved to approve the firm of Kenneth Hays Architects to provide
engineering services for Project 96-05 and authorize the Mayor to sign the
contract. Councilman Campbell seconded the motion, which carried unanimously.
- 1 -
31
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CIlY COUNCIL MEETING
__July~!~,}QOO""~~O_
CITY COUNCIL MEETING
July 18, 2000
Reimbursable Work
Agreement with Clallam
County to Chip Seal
Ground Water under the
Influence Action Plan &
Bilateral Agreement
Dennis Bragg of [)eIl:-Ree Productions gave a presentation on implementing the E-
nabled Visions Tour,'Mr. Bragg explained that local retailers are losing business to
internet competition.' Mr. Bragg outlined the presentation in five action steps. Step 1
entailed talking to groups and organizations and educating them about the trends and
changes in the bus~ess environment. Step 2 involved going to retailers and surveying
the shoppers doing'business there. Step 3 would be coming back before Council with
the acquired information. Mr. Bragg passed out drafts of question samples that would
be asked. Step 4.would be a day long workshop and discussion on the information
gathered. Step 5 would examine the current computer infrastructure and look for ways
to improve it with t~c.lmology such as DSL.
Karen Rogers, 13~O;W est 11 th Street, explained what Unisys is examining in Port
Angeles and how iris d~veloping a private business plan. The City of Westchester also
conducted a similar survey of resident's opinions. Ms. Rogers explained why E-nabled
Visions Tour information is valuable. She noted that Forks has started involvement
with the Visions Tour, and sent a letter of support to Pori Angeles.
; ~ - . ~
Jim Haguewood, 705 Chrisman Place, expressed interest in how economic development
is being led by telecommunications. Mr. Haguewood recommended reading Bill
Gates's book" Infonnation at the Speed of Thought". Councilman Hulett moved to
authorize the Offi<;eof City Manager to pursue implementation of the "E-nabled
Visions Tour". Council member Erickson seconded the motion, which carried
unanimously. " ,
2. Reimbursable Work Agreement with Clal/am County to Chip Seal
Mayor Doyle reviewed the information provided by Director Cutler regarding a
reimbursable work'agreement with Clallam County to chip seal various City streets.
Councilmari Campbell moved to authorize the Mayor to sign the request to the
Clallam County Road Department for reimbursable work in an amount not to
exceed $50,000 for,2000. Council member McKeown seconded the motion, which
carried unanimo~s!y.
3. Ground Wqter under the Influence Action Plan & Bilateral Agreement
Mayor Doyle reviewed the information provided by Director Cutler regarding ground
water under the influence of surface water. Director Cutler used power point to
demonstrate the action plan the City has taken to satisfy the Department of Health
requirements whiC~ is due by July 25, 2000. Director Cutler informed the Council that
the plan is geared towards the filtration of our current water system. He gave a time line
of proposed dates arid possible costs for the water filtration plan. Director Cutler
explained the chlorine level has been raised in the current system and it will meet the
interim measures 'requirement by the State. Discussion ensued regarding the Elwha
Heights Water Associ~tion being disconnected and hooked up to the Dry Creek Water
Association. '
Director Cutler informed the Council that public notification was given in the Consumer
Confidence Report regarding ground water under the influence. The Bilateral
Compliance Agreemtnt is a document that outlines the different steps including
timeframes. Mayor Do,yle asked if the Elwha Heights Water Association is metered and
paid for. Utility Engineer, Steve Sperr, replied that four families are on one meter and
pay one monthly ~iIL;
Mayor Doyle asked when the Elwha Dams are taken down could the new Ranney
system be put in deeper, giving the system better filtration. Director Cutler replied
there are current 4i~cussions going on at the technical level between the Bureau of
Reclamation; the National Parks, the City's consultants and City staff regarding what
measures should ht put in place to protect the water supply.
Director Cutler noted the Department of Health is being conservative and may require
an elaborate water filtration system. A discussion ensued in regards to the large expense
of a future water treatment plant and how the City would pay for such a plant. Director
Cutler explained that 'if a new system is required, a long term loan would fund the
project. Councilman Wiggins moved to approve the submission of the Ground
Water under theIrifluence of Surface Water Action Plan to the Department of
Health and authorize the Director of Public Works and Utilities to sign the
Bilateral Compliance Agreement. Councilman Williams seconded the motion,
which carried umlnimously.
~ 6 -
35
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36
City Fish Passage Grant
Application
EES Contract for Financial
Analysis of Solid Waste
and Electric Utilities
Letter to Congressional
Delegation regarding
Elwha Dam Funding
INFORMATION:
ADJOURN TO
EXECUTIVE
SESSION:
CITY COUNCIL MEETING
July 18, 2000
4.
..,
Mayor Doyle reviewed the information provided by Director Cutler regarding a City
Fish .. Passage Grant Applis~tion. Director Cutler added that some preliminary
discussions have taken place with the Department of Transportation regarding funding
of the project. Councilmember McKeown moved to authorize the Mayor to sign the
Fish Passage Grant application in the amount of $300,000. In addition, if the grant
is approved, authorize the Mayor to execute the Fish Passage Grant agreement
provided that the grant amount does not exceed $300,000. Councilman Campbell
seconded the motion, which carried unanimously.
5. EES Contract for Financial Analysis of Solid Waste and Electric Utilities
Mayor Doyle reviewed the information provided by Public Works Director Cutler
regarding an EES Contract for Financial Analysis of Solid Waste and Electric Utilities.
Councilman Campbell moved to authorize the Mayor to sign a. contract with
Economic. and Engineering Services to. perform a financial analysis of the Solid
Waste Utility not to exceed $11,600 and the Electric Utility not to exceed $27,950.
Councilman Hulett seconded the motion, which carried unanimously.
6. Letter to Congressional Delegation regarding Elwha Dam Funding
Mayor Doyle reviewed the information provided by City Attorney Knutson regarding
a letter to Congressional Delegation requesting FY 2001 Elwha Dam Funds. Attorney
Knutson gave some baclcground information on fmancial appropriations relating to the
removal of the Elwha Dams. The draft letter puts all of the signing parties on record as
supporting the purposes of dam removal to benefit the environment and facilitate the
return offish to the Elwha River. In addition, the signing parties agree that the City's
water supply needs to be protected and the mitigation measures need to be constructed
before any dam removal occurs. The letter has been discussed with the Congressional
Delegation and Senator Gorton's staff was appreciative of the City's efforts to keep the
request at $15 million for 2001.
Attorney Knutson read a few paragraphs of the letter and explained the general purpose
of it. Councilman Campbell noted the letter is consistent with what Senator Gorton has
proposed for the Elwha River. C6uncilrnan Campbell noted the Senate did approve the
Interior Appropriations, Bill for 2001 with the $15 million but the House of
Representatives approved $7 million. Attorney Knutson noted the Elwha Dam issue
will be brought before the Conference Committee next week. Councilmember
Erickson moved to authorize the Mayor to sign the attached letter thanking the
Congressional delegation for past Elwha dam removal arid water mitigation
funding and requesting additional funds for FY 2001. Councilmember McKeown
seconded the motion, which carried unanimously.
City Manager Quinn met with the Chamber Selection Committee to select an Executive
Director for the Chamber of Commerce. He is in the process of setting upa meeting
with the Chamber Board to pursue the selection of a candidate with the skills and
abilities to handle a combined Chamber and business group.
Manager Quinn met with Phillip Saxton from Unisys and discussed the business plan
preliminaries. Mr. Saxton will bring financial advisors from the Corporation in
approximately three weeks for an additional meeting with the City.
Manager Quinn noted that Scott Brodhun is stepping down as Parks Director to take a
position with the school district. Mayor Doyle asked if everyone was informed about
the Unisys proposal. Manager Quinn replied that more information IS needed about the
benefits ofUnisys to Port Angeles citizens. Manager Quinn noted there will be a bridge
dedication ceremony on July 30, 2000 by Peninsula International Relations Association
who sponsors Japanese visitors from our Sister-City, Mutsu City. The dedication
celebrates their five year anniversary of Sister-City agreement.
The meeting adjourned to Executive Session at 10:32 p.m. to discuss potential
litigation for approximately 15 minutes.
- 7 -
r---
I
CITY COUNCIL MEETING
July 18. 2000
RETURN TO OPEN
SESSION:
ADJOURNMENT:
The meeting returned to Open Session at 10:45 p.m.
The meeting was adjourned at 10:45 p.m.
Becky J. Upton, City Clerk
- 8 -
.
Larry Doyle, Mayor
.
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37
_i"'V;:::'f;<', 'I,:"
;',;' -'-
').-~\"\ \,-,:'-;i,,:_; ,
I
. .:1' 1-800-858-3747WA
830 W. Laundsen Blvd. FAX (360) 452-1316
Port Angeles, WA 98363 Passenger Assistance:
(360) 452-4511
July 19, 2000
Mayor Larry Doyle
City of Port Angeles
P. O.Box 1150
Port Angeles, Washington 98362
RECEIVED
JUL 2 Q 2000
\I'~ 01 &Jort Angeles
Dear Mayor Doyle:
The enabling legislation for public transportation benefit areas (PTBAs), RCW 36.57A, as
amended, calls for the General Manage~ of ..... the .. Clallam Transit System, as chief
administrative officer for the PTBA, to call a meeting to review the composition of the'
governing body of the PTBA and to change that composition if any change is deemed
appropriate. Such meetings areto be held every four years. .
.
In accordance with that statute, a copy of which is attache9 for your information, I hereby
request that an elected official be designated to be your jurisdiction's representative at a
meeting to be held on Monday, August 21, 2000, immediately following the regular meeting
of the CTS Authority Board (approximately 2:30 p.m., but no sooner). The meeting will be
held at the Clallam Transit System, 830 West Lauridsen Boulevard, Port Angeles,
Washington 98363. The current transit board members representing the City of Port
Angeles are Larry Williams and Lauren Erickson.
I look forward to meeting with your representative. If I can be of any assistance inthts
matter, please call me at your convenience. I
Sr;ereIY, at6 2a
D~~iIiO
General Manager
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DAD:meb
) Enclosures 2
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39
Document
Page 1 of9
./'
1999 REVISED CODE of WASHINGTON';
Title 36 COUNTIES
Chapter 36.S7A RCW PUBLIC TRANSPORT"TION BENEFIT AREAS
RCW 36.57 A.OSS Governing body--Periodic review of composition.
.
RCW 36.57 A.055 Governing body-Periodic review of composition.
Applicable Cases
After a public transportation benefit area has been in existence for four years, members of the
county legislative authority and the elected representative of each city within the boundaries of the
public transportation benefit area shall review the, composition of the governing body of the benefit
area and change the composition of the governing body if the change is deemed appropriate. The
review shall be at a meeting of the designated representatives of the component county and cities,
and the majority of those present shall constitute a quorum at such meeting. Twenty days notice of
the meeting shall be given by the chief administrative officer of the public transportation benefit area
authority. After the initial review, a review shall b~ held every four years.
If an area having a population greater than fifteen percent, or areas with a combined population
of greater than twe~ty-five percent of the population of the existing public transportation benefit area
as constituted at the last review meeting, annex to the public transportation benefit area, or if an area
is added under RCW 36.57 A.140(2), the repn.~sentativesof the component county and cities shall
meet within ninety days to review and change the composition of the governing body, if the change
is deemed appropriate. This meeting is in addition to the regular four-year review meeting and shall
be conducted pursuant to the same notice requirement and quorum provisions of the regular review.
[1991 c 318 S 16; 1983 c 65 S 4.]
.
Notes:
Intent-1991 c 318: See note following RCW 36.57A.040.
RCW 36.57 A.060 Comprehensive plan-Development-Elements.
Applicable Cases
The public transportation benefit area authority authorized pursuant to RCW 36.57 A.050 shall
develop a comprehensive transit plan for the area. Such plan shall include, but not be limited to the
following elements:
(I) The levels of transit service that can be reasonably provided for various portions of the
benefit area.
(2) The funding requirements, including local tax sources, state and federal funds, necessary to
provide various levels of service within the area.
(3) The impact of such a transportation program on other transit systems operating within that
county or adjacent counties.
(4) The future enlargement of the benefit area or the consolidation of such benefit area with
other transit systems.
[1975 1st ex.s. c 270 S 16.]
Notes:
Severability-Effective date--1975 1st ex.s. c 270: See notes following RCW 35.58.272.
RCW 36.57 A.070 Comprehensive plan-Review-Approval or disapproval-Resubmission.
Applicable Cases
.
40 ...10m _isapi.dll?clientID= 119186&infobase=rcw.nfo&jump=36.57 A.055&softpage=Docume07 /06/2000
,;;'r;-'~!~:_~'lB~'f'!'r~!~:-'i10~'~~~,~'~~i~).~:~;,;!i,,~~_:~~tf~)~~T{~~~~~l:~~~~
f-"~'
)
C[a[[am 'Tra~~t2!1stem
830 W. Lauridsen Blvd.
Port Angeles, WA 98363
LEGAL NOTICE
Notice of Public Meeting
(360) 452-1315
1-800-858-3747 WA
FAX (360) 452-1316
Passenger Assistance:
(360) 452-4511
NOTICE IS HEREBY GIVEN that in accordance with the procedures outlined in RCW
36.57 A.055, a meeting concerning the composition of the Clallam Transit System
Authority Board shall be held at the date, time, and location as indicated below:
Date:
Time:
Place:
.
Monday, August 21, 2000
Immediately following the regular meeting of the CTS
Authority Board (approximately 2:30 p.m., but no sooner)
Clallam Transit System
830 West Lauridsen Boulevard
Port Angeles, Washington 98363
The purpose of the meeting shall be to review the composition of the governing body of
the Clallam Transit System and to change the composition of the governing body if the
change is deemed appropriate.
Daniel A. Oi Guilio
General Manager
For Publication:
Peninsula Daily News
July 23,2000
.
41
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
CITY MANAGER'S REPORT
August 1, 2000
Mike on KONP Tuesday,i\ugust 1 1 :00 p.m.
Open House for Sen. Hargrove/Rep. Kessler Tuesday, August 1 1 :00 p.m.
City Council Meeting Tuesday, August 1 6:00 p.m.
North Olympic Peninsula Cities i\ssociation VVednesday,i\ugust2 6:00 p.m.
Gateway Committee Meeting Thursday, i\ugust 3 8:15 a.m.
Utility i\dvisory Committee Meeting Monday, i\ugust 7 3 :00 p.m.
I Board of Adjustment Meeting Monday, i\ugust 7 7:00 p.m.
I .
P.A VVorks! Committee meeting Tuesday, i\ugust 8 10:00 a.m.
Real Estate Committee Meeting Tuesday, i\ugust 8 4:00 p.m.
Law Enforcement i\dvisory Board Tuesday, i\ugust 8 6:30 p.m.
City Council Meeting Tuesday, August 15 6:00 p.m.
Parks, Recreation & Beautification Meeting Thursday, i\ugust 17 7:00 p.m.
Planning Commission Meeting VVednesday, i\ugust23 7:00 p.m.
Downtown Forward Meeting Monday, i\ugust 28 7:00 a.m.
Labor Day Holiday
Mike on KONP
Monday, September 4
Tuesday, September 5
Tuesday, September 5
Thursday, September 7
CLOSED
City Council Meeting
Gateway Committee Meeting
1 :00 p.m.
6:00 p.m.
8:15 a.m.
G:ICNCLPKT\CTYMGRICMREPT\2000\AugO l.wpd
.
43
,:.<;.,,\'
44
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FORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
August 1, 2000
To:
MA YOR DOYLE AND CITY COUNCIL
FROM:
Yvonne Ziomkowski, Finance Director
SUBJECT:
Mid- Year Budget Status Report
Background:
I am pleased to provide the budget status .reports for the six months ended June 30, 2000. These
reports show the City's financial position at mid-year as compared to the budget and the same period
in the prior year. The reports are divided by funds and show revenues by sources and expenditures
by department and object.
The percent of revenue to collect columns reflect uncollected revenues as compared to budget.
Funding available columns show percentage left to spend in the 2000 budget. The benchmark,for
analytical purposes, should be 50% assuming all financial transactions occur at the same level each
month. Higher percentages indicate very controlled spending. Lower percentages mean potential
spending over budgeted appropriations.
Following the narratives are tables and schedules showing details of all revenues and expenditures
by fund, department and object. These reports are mostly for informational purposes. A presentation
will be made at the September 19th Council meeting showing where we are according to budget and
estimates for the year-end.
General Fund
The General Fund budget is on target with 52% of
revenues collected, and 47% of appropriations
expended. (Table I)
Revenues Collected/Uncollected as of
June 30,2000
General Fund revenue by major revenue source
is depicted in Table II. The major revenue sources
are taxes, which comprise almost 60% of the
General Fund budget and include property, sales
and use, utility, occupational, gambling, and
leasehold taxes. Over 51 % of the tax revenue has
been collected as of June 30. Also, year-to-date
actual tax revenue exceeded 1999 levels by 11 %.
This is a result of collecting delinquent gambling
48%
~
45
and leasehold taxes. The growing
popularity of cellular phones
accounts for an increase in
occupational taxes. We are still
monitoring sales tax very closely.
Sales tax is directly impacted by
economic conditions. Therefore, it
is a very sensitive tax source.
Schedule A shows sales tax
collections during the last five
years. The year-to-date collection
is 3.5% higher than 1999 levels,
and we are exactly where we
should be at this time with 50%
left to collect. As a result of
beautiful weather this summer and
an increase in tourism, I estimate
the year end collection of sales tax
could exceed budget. However,
there is still the negative impact of
a major car dealer moving outside
the city limits and increased
Internet purchases. As a comparison, the County's sales tax collection increased by more than 14%.
Higher utility tax collection is a result of increases in water and wastewater rates and in power sales
to Daishowa America paper mill. Removal of the Elwha Dam increased power sales by
approximately $3.5 million.
Uncollected Revenues Second Quarter
Ended June 30, 2000
8
7_
6
III
C
~
~
5
4
3
2
o
'\
~. ,.~
~ 0.....
" ~'-:
k~ r_0
~... -oJ
<::-~0 ,d"
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<f~ ~C$
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,~
e,C:J
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Intergovernmental revenues, which include state-shared revenue and grants are already at 79% of
budget. However, this is as a result of a one time state distribution as part of a state local assistance
program to cities and counties which lost MotorN ehic1e Excise Tax. In June, the City received
$60,606 of these funds. Additionally, the City received $23,264 in the form of sales equalization
since sales tax receipts in 1999 were below state average. This revenue was repealed by Initiative
695 and it will not be distributed in future years. Other budgeted intergovernmental revenue, such
as liquor board profits, liquor excise tax, and criminal justice entitlement are on target and we should
collect all budgeted amounts.
Fines and forfeitures will come in over budget. Increases in prosecution and incarceration resulted
in additional revenue. The down side is that expenses associated with jail costs increased as well.
We could have some problems collecting licenses and permits at the budgeted level. Building
permits are below last year's level and only 30% of budgeted permits have been issued. It is unlikely
that this level will increase in the second part ofthe year.
.
.
Interest revenue was difficult to estimate due to cash flow and fluctuation in the interest rate during .
the last 12 months. Assuming the rates will not go down in the second part of the year (as it happens
during the presidential election), we should collect more than budgeted.
46
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.,..'........
.'.
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^' . ~(:;~~l'?t~;i~~~1)~~f'(}~'~5 ):1:r.I~,\,~i t!:;~~iii<\~~7'y::~~~tlft1:~;~~:~!!,/
~ ;'
>,;1:::1]'.!i:"R
Expenditures by ObjectSec;:ond Quarter
Ended June 30,2000
f'
10
9
8
.7
" ':)6
.
~ i'5
.i ,4
3
2
1 _
o
~{\.'"
e~e
e\ <0 '0'<.
o~~ e'"
<?e'<.'<> 'f,;\0'<.g
'b-G
~\e'"
S-v,'Y'Y
e '" ~ ~
~N:; .~-v,'<.e ~~0'\ 'V~0'"
Se ~e~C'\ f0CP~ R{\.~ 0
O~e'<. ~-F , o~'" \0 <?0 c'O
:V~
~\P
Co~
General Fund expenditures are
right on target with more than
53% of budget left to spend.
Table III shows General Fund
expenditures by department and
by object. Although the 50%
benchmark determines whether
departments are staying within
their budget, there is
o,!casionally a one-time (e.g.,
capital) or seasonal expense
(Park) that may alter the
analysis.
Overall, the General Fund
expenditures for the first six
months were $5,763,125 which
is 2.2% more than 1999 levels.
These variances were, budgeted
and are largely due to increases in personal services. Personal Services, still on target as compared
to budget (52% unexpended), increased 6.2% over 1999 levels and reflect a 2.8% cost of living
increase and changes in pay ranges due to several new union contracts. The 2000 General Fund
expenditures also include one new position in Public Works; one half position in Police and one half
in the City Clerk's office.
Supplies and charges for servic~s are at 1999 levels. However, department heads need to monitor
closely the supplies budget which is more than 71 % expended. Capital outlay, which includes
$238,765 for vehicle replacement and several projects such as dredging at City Pier, Lincoln Park
flood mitigation, and a "Welcome "sign, is still 89% unexpended. Some of the projects will be
completed in the fall and Equipment Services is in the process of ordering vehicles and equipment.
At this time we identified two areas which will require budget amendments. One is $55,000 for the
Marine Life Center project, which Council approved earlier this year but was not included in the
original budget. The other is a payout for the Parks and Recreation Director, who is leaving the
City's employment.
General Fund reserves, or fund balance, was $3 million as of December 31, 1999. It is estimated
that after budgeted transfers to the Contingency Fund ($200,000), catching up with equipment
replacement ($438,735), and funding capital improvement projects ($650,000), the fund balance will
be $1,750,000. This level, representing 14% of City's operating expenditures, is in compliance with
the City's policy. There are many reasons to keep reasonable reserves, one of them to ensure cash
flow and unexpected events.
47
:'1
Other Funds
Lodging Tax Fund
.
Historically, the City receives 75% of all hotel/motel tax revenue in the last six months ofthe year
(see Schedule B). So, even at 73.6% of revenues left to collect' this fund is ahead of schedule. From
May 2000, the receipts are coming in' at more than 1999 levels. At the end of July, 10% more
revenues were collected than at the same time in 1999. Beautiful weather and less than average
rainfall is one of the positive factors. New programs and a marketing plan take its effect as well.
If collections for the remainder of the year do not slow down, we should exceed budget by
approximately $30,000 for both levies.
The expenditure budget will require formal amendment. At the time of formal budget adoption, the
Lodging Tax Advisory Committee had not made its recommendation, so the budget was approved
at $348,000. In February 2000, the Committee presented their recommendations to the Council at
$380,000, which Council accepted. The new recommendation included continuation of the tourism
marketing plan ($150,000), funding for events and activities ($130,000), new events funding
($7,000), debt service for Vern Burton Center ($50,000), the Fiero Marine Life Center ($13,000),
and funding for the Valley Creek estuary project ($30,000).
!
Street Fund
Although only 47% of gas taxes were collected year-to-date, this revenue source is cyclical, with .
higher receipts in the second half ofthe year. We should be able to collect the remaining 53% of the
budgeted amount. Additionally, the City received PWTF loans for 8th Street reconstruction. The
debt payment for these projects will be included in Real Estate Excise Tax. )
The spending level in the Street fund is also seasonal in nature. Street maintenance and construction
activities accelerate during the summer months. The 67.8% of budget left to spend should be used
for several street proj ects, including street paving and chip sealing.
Criminal Justice
The one-tenth of one percent sales tax is distributed based on countywide sales tax and population.
The year-to-date revenue is 8.2% more than 1999 (see Schedule C). Since approximately 55% of this
tax is received in the last six months of the year, we should collect more than budgeted.
Real Estate Excise Tax
Year-to-date tax revenue is 1 % less than last year but with only 46% of revenue to collect; we do not
anticipate any problems. The real estate market is flat in comparison to last year.
This fund is reserved for debt service payment on Marine Drive and the 8th Street culvert project. A
$100,000 transfer to the Street Fund was budgeted to fund the pavement restoration project. In
March 2000, the Council approved a PWTF loan for 8th Street design and reconstruction. As a result
of a new debt payment, this fund will also require an amendment to the budget.
.
48
.
.
.
+:;0'\':fN'~;jy,:;'t':'t~1< 10 ;'~~\);';>:{t <~' -'?~1:~i ;~i"j:'%,""i i.J. ~:>,~"~,-:",,
Electric Utility Fund
Both operating revenues and expenses are higher than last year and the 2000 budget, largely as a
result of higher power sales to Daishowa America. Removal of the Elwha Dam increased
Daishowa's power consumption on average 19MWa (megawatts) per day, or $3.5million a year;
With this assumption, our estimates for year end should increase by 15%.
On t~e expense side, there is a direct correlation between power sales and power purchase. Power
purchase could exceed the budget by approximately 10%. Capital budget, which includes several
reconductoring and conversion projects, is 97% unexpended. Some of these projects start during
summer months and should be completed by year end. Utilities have a flexible budget and are
analyzed to insure that revenues are adequate to pay expenses and fund smaller capital projects. The
Electric Utility fund is stable with a cash balance of almost $9 million. We need healthyreserves in
this fund to provide rate stability for future years, improvements in infrastructure, and most of all
financing projects such as fiber optics..
Water and Wastewater Fund
There is a seasonal impact on water sales, which is reflected in the year-to-date revenue being
slightly below budget. Wastewater revenue is 3% over budget but 1 % below 1999 levels. This is a
result of record high leachate collection due to abnormal rainfall in 1999. Miscellaneous revenues,
consisting of hookup charges, permits, and system development charges, are behind schedule.
Operating expenses are within targeted levels. Construction projects, which include Black Diamond
Reservoir ($900,000) and downtown watermain ($1,300,000) are going to be completed later this
year.
Solid Waste Fund
Solid Waste revenues consist of residential and commercial sales, landfill sales, grants, and interest
earnings. Operating revenues are on target with 52% to collect since there is a seasonal effect on
landfill tonnage during the summer months. A decrease in collection over last year's level is due to
$208,795 in revenue from the Rayonier demolition debris in 1999.
The overall expenses are on target with almost 55% of budget left to spend. Construction for the
landfill closure project, estimated at $1,400,000, began in July.
Internal Services Funds
This group includes Equipment Services, Information Services,.and the Self-Insurance Fund. All
these funds operate on the basis of reimbursement and all have reasonable cash balances necessary
for operation in the year 2000. .
Equipment Services has reserves of almost $3 million designated for equipment replacement. This
fund is supported by charges for operational and replacement expenses assigned to each participating
department's equipment. For the 2000 budget, we have returned to a positive cash flow and have
increased the ending cash reserve. Staff is in the process of reviewing and allocating reserves to the
49
50
respective equipment to minimize the future operating transfers. The General Fund is contributing
$438,735 to buy back prior replacement allocations for all operational equipment with the exception .
of major fire pumper apparatus. This will save the City future capital replacement liability in the
General Fund.
Major challenges facing Information Services is to generate replacement value for the main
financial system. With only $75,000 in cash reserves, it is necessary to include replacement value
in charges to other departments.
At midyear, the Self Insurance Fund's time loss claims were unusually high, amounting to $69,179
vs. $60,000 budgeted. We hope that in the second half of the year claims will slow down as they
have in the past, however we will still require a budget amendment in this area.
G:\GROUP\FINADMIN\COUNCIL\2QOREPT3.WPD
.
.
Table I
. General Fund
Summary of Financial Activities
For the Second Quarter Ended June 30, 2000
,
YTD
June
1999
Revenues:
Taxes
Licenses & Permits
Intergovernmental Revenues
Charges for Services
Fines & Forfeitures
Interest on Investments
Miscellaneous Revenues
Other Financial Sources (ROI)
Transfers ~in
3,416,024
74,766
274,210
1,706,611
147,240
91,337
78,485
29,602
89,395
Total Revenues
5,907,670
Expenditures by Object:
. * Personal Benefits
, * Supplies & Charges for Services
* Intergovernmental
* Contribution to Pencom
* Contribution to County Jail
* Capital Outlay
* Debt Service (Fire Pumper)
* Transfers to Other Funds
3,983,424
1,103,833
44,117
205,826
92,912
118,267
15,043
75,178
Total Expenditures
5,638,600
Excess Revenue over Expenditures
269,070
Other Financing Uses
Transfer to Contingency Fund
Transfer for Equipment Replacement Fund
Transfer for CIP Projects
Reserved for Future Initiative
Total Special Projects
Increase (Decrease) in Reserves
Beginning Fund Balance
. Ending Fund Balance
%of
%Of Budget
Change to Collectl
Spend
11.09 48.77
(17.49 66.66
3.55 21.06
3.71 49.94
12.20 35.22
51.12 36.97
7.07 20.49
50.00
10.76 56.19
8.78 47.98
6.24 52.00
(5.50 48.83
(15.91 53.34
(0.04 50.04
56.31 51.59
(46.57 89.36
(5.01 50.00
(70.35 10.85
2.21 53.13
51
%of
YTD %Of Revenue
REVENUE SOURCE June Change to
1999 Collect
TAXES
Property Taxes 1,277,332 10.65 47.93
Sales Taxes 1,088,233 3.51 50.16
Utility Taxes - City Utilities 880,768 11.21 45.46
Utility Taxes -Non-City Utilities 870 (100.00 100.00
Leasehold Taxes 39,069 32.13 33.82
Gambling Taxes 9,535 299.48 58.10
Occupational Taxes 120,217 54.63 59.89
TOTAL TAXES 3,416,024 11.09 48.77
INTERGOVERNMENTAL
Motor Vehicle/Mobile Home Excise Taxes 126,888 (59.95 23.16
State Assistance N/
Liquor Excise Tax 30,528 6.20
Liquor Board Profits 51,787 11.88
Border Patrol Impact Fees 1,407 10.31
Criminal Justice Entitlement 17,822 (19.21
Other Intergovernmental 45,778 (6.20
TOTAL INTERGOVERNMENTAL 274,210 3.55
Licenses & Permits 74,766 (17.49 66.66
Charges for Services 192,341 6.31 51.14
Medic-1 Revenues 170,188 26.27 48.31
Fines & Forfeitures 147,240 12.20 35.22
Interest on Investments 91,337 51.12 36.97
Interfund Charges 1,344,082 0.48 50.00
Return on Investments (ROI) 29,602 50.00
Transfers-in 89,395 56.19
Miscellaneous Revenues 78,485 20.49
TOTAL GENERAL FUND REVENUES 5,907,670 47.98
Table II
General Fund
Summary of Revenues
For the Second Quarter Ended Ended June 30, 2000
52
.
.
'~f;':r:";t~~n:7-;~ ,-
Schedule A
.
CITY OF PORT ANGELES
SALES TAX COLLECTION
FOR THE YEARS 1995 -1999
%OF %OF Yo OF BUDGETE
1996 1997 1998 1999 CHANGE UM. CHANGE AMOUNT
2000 TO 1999 2000 TO 1999 COLLECTED
JANUARY 182,705 155,868 171,053 173,158 2.28% 2.28 7.84%
FEBRUARY 203,257 189,874 209,075 229,281 0.24% 1.12 10.17%
i
MARCH 213,429 183,425 212,048 168,839 -3.01% (0.10 7.25%
I
APRIL 158,872 133,492 170,548 146,266 15.21% 3.02 7.46%
MAY 171,548 166,101 194,575 187,102 -0.87% 2.21 8.21%
JUNE 193,869 164,244 193,174 183,587 9.88% 3.51 8.93%
JULY 175,785 177,591 157,255 182,078
AUGUST 181,297 182,129 198,912 195,383
SEPTEMBER 212,314 214,701 204,416 212,895
j
OCTOBER 203,549 225,998 207,406 210,347
I
.. NOVEMBER 207,704 199,053 214,952 201,801
DECEMBER 179,551 194,605 200,161 191,383
TOTAL 2 283 881 2 187081 2 333 575 -50.64% 49.84%
BUDGET 2000
.
53
Table III
General Fund
Summary of Expenditures
For the Second Quarter Ended June 30, 2000
YTD
June
1999
EXPENDITURE BY OBJECT:
* Personnel Benefits
* Supplies
* Charges & Services
* Intergovernmental
* Contribution to Pencom
* Contribution to County Jail
* Capital Outlay
* Debt Service
* Transfers out
TOTAL GENERAL FUND
3,983,424
240,581
863,252
44,117
205,826
92,912
118,267
15,043
75,178
5,638,600
EXPENDITURE BY DEPARTMENT:
* City Council
* City Manager
* City Attorney
* Finance
* Planning
* Fire
* Police
* Parks & Recreation
* Public Works
* Facility Maintenance
* Health & Community Services
TOTAL GENERAL FUND
31,341
288,701
202,534
605,482
117,436
942,361
1,459,242
956,192
856,665
104,795
73,851
5,638,600
54
~
.
0/. of
Budget
to
Spend
52.00
28.13
53.14
53.34
50.04
51.59
89.36
50.00
10.85
53.13
4.
52.76
52.03
51.53
56.42
55.12
50.55
47.91
60.98
53.59
72.89
53.13
.
if~~if".,t:;;::t/'!t7.f .:,.',,1..'i" .
Table III
. General Fund
Summary of Expenditures
For the Second Quarter Ended June 30, 2000
%of
YTD 'loOt Budget
June Change to
1999 Spend
Fire
* Personnel Benefits 770,334 51.99
* Supplies 18,892 59.49
* Charges & Services 88;944 52.56
* Capital Outlay 13,427 100.00
* Debt Service 15,043 50.00
* Contribution to Pencom 35,721 50.00
Total Fire 942,361 55.12
Police
* Personnel Benefits 1,053;128 48.44
* Supplies 23,887 27.20
* Charges & Services 87,713 52.61
* Intergovernmental 4,251 0.82
'. * Contribution to Pencom 170,105 50.04
* Contribution"to County Jail 92,912 51.59
* Capital Outlay 27,246 93.80
Total Police 1,459,242 50.55
Parks & Recreation
* Personnel Benefits 50.47
* Supplies 1.22
* Charges & Services 44.45
* Capital Outlay 71.51
Total Parks & Recreation 47.91
Public Works
* Personnel Benefits 681,835
* Supplies 8,420
* Charges & Services 102,986
* Capital Outlay 13,424
* Transfers out 50,000
Total Public Works 856,665
Facility Maintenance
* Personnel Benefits
* Supplies
* Charges & Services
* Capital Outlay
Total Facility Maintenance
.
55
---,
Table III
General Fund
Summary of Expenditures
For the Second Quarter Ended June 30, 2000
.
YTD
June
1999
%of
Budget
to
Spend
EXPENDITURES BY DEPARTMENT AND OBJECT
City Council
* Personnel Benefits
* Supplies
* Charges & Services
Total City Council
17,030
2,142
12,169
31,341
51.71
49.62
22.42
43.62
City Manager I Human Resources
* Personnel Benefits
* Supplies
* Charges & Services
* Capital Outlay
* Transfers out
Total City Manager
207,443
8,038
43,942
4,100
25,178
288,701
City Attorney
* Personnel Benefits
* Supplies
* Charges & Services
* Intergovernmental
* Capital Outlay
Total City Attorney
134,485
4,397
27,673
32,883
3,096
202,534
Finance
* Personnel Benefits
* Supplies
* Charges & Services
* Transfers out
Total Finance
Health & Community Services
* Charges & Services
Total Health & Community Services
73,851
73,851
72.89
72.89
Planning
* Personnel Benefits
* Supplies
* Charges & Services
* Capital Outlay
* Intergovernmental
Total Planning
56
. h~~}~{~r-t~:i;'tff'\i';-1')\1p':"::_I": '+-rf~
. Lodging Tax Fund"" !'
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended ,June 30, 2000
REVENUES
Taxes - First 2%
Taxes - Second 2%
I nterest on Investments
TOTAL REVENUES
EXPENDITURES
First 2%
Chamber/NOPVCB Partnership
Port Angeles(Parks & Recreation
'. Charges for,Services
Debt Service
Second 2%
Chamber/NOPVCB Partnership - Marketing Plan
TOTAL EXPENDITURES
NET INCREASE/DECREASE
IN FUND BALANCE
FUND BALANCE
.
YTD
June
1999
%OF
Change
7.57
14.22
14.87
10.94
% of BUdget
to Spend
or
Collect
73.60
73.61
(20.00
72.80
( 1.6(j 55.89
100.00
40.00
(2.36 50.00
(62.05 71.03
(40.89 66.22
(79.83
57
Schedule 81 .
CITY OF PORT ANGELES
HOTEUMOTEL TAX COLLECTION
FOR THE YEARS 1995 .1999
First 2%
%OF %OF V. OF BUDGETE
1996 1997 1998* 1999* CHANGE UM.CHANGE AMOUNT
2000 TO 1999 2000 TO 1999 COLLECTED
JANUARY 6,936 5,992 6,237 6,821 -2.20% (2.20 3.83
FEBRUARY 5,813 4,909 5,481 5,707 27.09% 11.14 4.17
MARCH 5,297 7,090 6,507 6,392 -22.70% (0.29 2.84
APRIL 6,690 13,047 6,413 , 7,067 -3.68% (1.21 3.91
MAY 7,653 7,249 7,858 7,156 15.89% 2.48 4.77
JUNE 7,353 8,909 9,478 9,189 25.89% 7.56 6.65
JULY 12,090 15,096 13,655 12,352 19.23% 10.20 8.46
AUGUST 19,902 19,821 18,428 18,041
SEPTEMBER 32,021 30,050 30,139 26,969
OCTOBER 33,141 35,407 35,653 39,819
NOVEMBER 23,003 21,924 23,592 19,844
DECEMBER 12,708 9,945 13,279 21,852
TOTAL 172 607 179 439 176 719 2.54% 2.54 34.63
BUDGET 2000
.
58
I
. Schedule 82
CITY OF PORT ANGELES
HOTEUMOTEL TAX COLLECTION
FOR THE YEARS 1998 -1999
Second 2% (Levied April 1998)
1998*
JANUARY
FEBRUARY
MARCH
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
. NOVEMBER
DECEMBER
9,176
13,512
18,446
30,139
31,259
23,678
17,586
TOTAL
BUDGET 2000
1999*
% OF % OF Vo OF BUDGETE
CHANGE UM. CHANGE AMOUNT
2000 TO 1999 2000 TO 1999 COLLECTED
6,812
5,727
6,325
7,038
4,767
9,183
14,764
18,372
27,930
38,567
22,777
18,918
143796 181 180
I
Note: Special Hotel/Motel Tax implemented in April 1998; first receipts in June 1998;
.
-2.28%
26.65%
-21.88%
-3.28%
73.97%
25.97%
-0.25%
(2.28
10.93
(0.07
(0.94
10.70
14.22
10.31
3.83
4.17
2.84
3.91
4.77
6.65
8.46
66.75
34.62
59
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Taxes (Property) 226,922 (1.30 47.91
Intergovernmental (Gas Taxes) 202,794 1.18 52.94
Charges for Services N/ N/
Street! Alley Restoration 440 200.00 N/
Interest on Investments 11,710 17.17 31.40
Grants 7,000 5,561.04 (2,725.48
Other 336 2,252.08 (690.30
Transfers in 100,002 0.00 50.00
TOTAL REVENUES 549,204 72.72 13.85
STREET FUND
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
EXPENDITURES
Personnel
Supplies
Charges & Services
Capital Outlay and -Street Projects
TOTAL EXPENDITURES
249,292
89,946
94,190
433,428
NET INCREASE/DECREASE
IN FUND BALANCE
115,776
FUND BALANCE
60
.
53.66
60.91
52.09
96.17
67.80
(318.12
.
. Schedule C
CITY OF PORT ANGELES
CRIMINAL JUSTICE SALES TAX COLLECTION
FOR THE YEARS 1995 - 1999
%OF %OF v. OF BUDGETE
1996 1997 1998 1999 CHANGE UM.CHANGE AMOUNT
2000 TO 1999 2000 TO 1999 COLLECTED
JANUARY 11,332 9,963 11,981 12,507 2.23% -2.23% 7.83%
FEBRUARY 12,930 15,211 14,429 15,710 18.63% 11.36% 11.42%
MARCH 13,459 11,983 15,063 13,213 -1.70% 7.20% 7.96%
APRIL 10,052 9,945 10,794 9,877 28.19% 11.24% 7.76%
MAY 11,873 10,772 13,571 13,653 2.65% 9.43% 8.59%
JUNE 13,102 12,409 13,592 13,903 2.44% 8.20% 8.73%
JULY 11,424 11,665 12,240 13,522
AUGUST 12,907 13,345 15,395 15,990
SEPTEMBER 14,704 15,317 15,264 16,684
OCTOBER 14,091 15,441 16,044 15,460
NOVEMBER 13,986 13,861 15,919 15,399
DECEMBER 13,102 15,081 15,070 16,323
. TOTAL 152 962 154993 169 362 172 241 -50.46% -50.46% 52.28%
BUDGET 2000 I
.
61
REAL ESTATE EXCISE TAX
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
REVENUES
Taxes
I nterest on Investments
TOTAL REVENUES
YTD
June
1999
54,600
9,491
64,091
EXPENDITURES
Transfers out
Debt Service
TOTAL EXPENDITURES
NET INCREASE/DECREASE
IN FUND BALANCE
FUND BALANCE
62
.
%OF
Change
% of Budget
to Spend
or
Collect
46.10
35.30
44.30
(998.01
.
.) i \ < ,L,~,~::;.:~~'.l ' > .1
Economic Development . ...('
. SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
YTD
.June
1999
REVENUES
Interest on Investments
Transfer in
727
125,176
125,903
TOTAL REVENUES
EXPENDITURES
Personnel
Supplies
Charges & Services
(,j
TOTAL EXPENDITURES
36,440
450
9,559
45,999
79,904
Transfer from Port Angeles Works Fund
FUND BALANCE
~
.
%OF
Change
% of Budget
to Spend
or
Collect
(434.20
50.00
42.37
49.55
66.16
58.50
111.79
63
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Intergovernmental:
* Other Agencies 224,767 7.28 49.68
* General Fund 205,826 (0.04 50.00
911 Revenue 27,732 258.49 (51.78
I nterest on Investments 1,916 (50.21 61.84
Miscellaneous Revenues 78 (61.54 N/
TOTAL REVENUES 460,319 18.89 42.91
r-
PENCOM
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30; 2000
EXPENDITURES
Personnel
Supplies
Charges & Services
Capital Outlay
TOTAL EXPENDITURES
400,426
3,807
39,042
24,142
467,417
NET INCREASE/DECREASE
IN FUND BALANCE
(7,098
FUND BALANCE
64
.
11.79
61.44
(3.11
430.35
32.57
.
919.61
.
,'; {\t/':_:~;-ti:;~t; -*~' :';~, -;?~ -~-
Electric Utility Fund
. SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Operating Revenues 8,215,875 43.65
Interest on Investments 185,089 39.97
In"tergovemmentaJ (BPA- Conservation) 8,523 N/
Other Revenue 47,314 74.70
TOTAL REVENUES 8,456,801 43.76
EXPENSES BY OBJECT
Personnel 449,974 52.61
Supplies 56,719 1.93
Power Purchase 4,827,210 46.85
Charges & Services 1,107,380 50.04
. Utility Taxes 493,482 40.15
Return on Investment 29,600 50.00
TOTAL EXPENDITURES 6,964,365 47.05
NON-OPERATING REV. (EXP)
Construction Contribution 19,984 76.57
Capital Outlay (11,805 (78.45
Construction Projects (70,092 97.06
Debt Service (209,570 50.00
TOTAL NON-OPERATING (271,483 81.93
CHANGE IN CASH FLOW 1,220,953
Transfer to G.O. Bond (City Hall) (38,280
Transfer to Economic Development Fund (50,000
Transfer to Equipment Services Fund
NET INCREASE/DECREASE
IN CASH FLOW 1,132,673 406.80
.
65
1-
WATERlWASTEWATER
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
.
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Operating Revenues - Water 1,078,731 0.36 54.68
Operating Revenues - Wastewater 1,622,520 {1.06 47.13
Interest on Investment 103,255 44.82 40.19
Other Revenues 1,661 1,050.51 94.48
TOTAL REVENUES 2,806;167 1.80 52.56
EXPENSES BY OBJECT
Personnel 537,870
Supplies 145,494
Charges & Services 1,082,780
Utility Taxes 191,608
TOTAL EXPENDITURES 1,957,752
NON-OPERATING REV. (EXP)
Non-Operating Revenue N/ 74.51
Construction Projects (30,940)1J 492.94 93.59
Capital Outlay (2,224 24.42 87.13
Debt Service {775,096 {6.46 39.58
TOTAL NON-OPERATING {808,260 12.74 58.23
CHANGE IN CASH FLOW {156.77
Transfer to Economic Development {49,996
Transfer to/from Rate Stabilization
Transfer to Equipment Services Fund
NET INCREASE/DECREASE
IN CASH FLOW 9,841
.
66
:{j:;;1:~';,:i',;'i;S
r;-t"'}':~'< ':~:,-"
.~
j';
):;'.',:
SOLID WASTE J
. SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Operating Revenues 2,617,535 52.07
I nterest on Investments 80,657 31.29
Grants 10,650 Nt
Other Revenues 3,306 96.08
TOTAL REVENUES 2,712,148 50.92
EXPENDITURES
Personnel 337,381 48.41
Supplies 23,597 85.56
Charges & Services 936,588 52.70
Utility Taxes ..... 195,678 51.03
ii. TOTAL EXPENDITURES 1,493,244 54.89
NON-OPERATING REV. (EXP)
Construction Projects (8,626 90.68
Capital Outlay 100.00
TOTAL NON-OPERATING (8,626) 90.69
CHANGE IN CASH FLOW 1,210,278 242.91
Transfer to Street Fund (50,002 l. (50.00
Transfer for Landfill Closure
NET INCREASE/DECREASE
IN CASH FLOW 1,160,276 455.69
.
67
% of Budget
YTD %OF to Spend
June Change or
1999 Collect
REVENUES
Charges for Services 3,812 (54.75 65.50
Interest on Investment 67,029 29.00 45.96
Interfund Charges 522,696 (2.78 42.32
Miscellaneous Revenues 5,106 (100.00 N/
TOTAL REVENUES 598,643 (0.38 43.20
EQUIPMENT SERVICES
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
EXPENDITURES
Personnel
Supplies
Charges & Services
Capital Outlay
TOTAL EXPENDITURES
114,179
197,712
76,486
745,312
1,133,689
Transfer from Other Funds
Transfer to Debt Service Fund
Transfer from General Fund Reserves
NET INCREASE/DECREASE
IN CASH BALANCE
68
.
51.65
51.5
56.
86.8
69.49
.
i<:t':'!:>:F1~::'fi iF1;)'P ,~~",,).\ :t '
INFORMATION SERVICES
. SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
. YTD
June
1999
REVENUES
Interfund Charges
Miscellaneous
Interest on Investment
TOTAL REVENUES
187,846
3,369
1,209
192,424
EXPENDITURES
Personnel
Supplies
i< Charges & Services
. Capital Outlay
TOTAL EXPENDITURES
85,748
2,281
52,319
140,348
NET INCREASE/DECREASE
IN CASH BALANCE
52,076
.
'---
%OF
Change
% of Budget
to Spend
or
Collect
50.00
N/
(25.73
49.46
52.50
32.66
60.43
100.00
59.67
69
1-
SELF INSURANCE
SUMMARY OF REVENUES & EXPENDITURES
For the Second Quarter Ended June 30, 2000
REVENUES
Interfund Charges
I nterest on Investment
Miscellaneous Revenues
TOTAL REVENUES
YTD
June
1999
EXPENDITURES
Personnel
Charges & Services
TOTAL EXPENDITURES
Transfer from Other Funds
NETINCREAS8DECREASE
IN CASH BALANCE
70
.
%OF
Change
% of Budget
to Spend
or
Collect
50.27
48.11
N/
50.23
.
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PLANNING COMMISSION
,:,.' ,. '.:"., ....', .-, .'. ""'..;, .\1'-,. :.-, ~:
MINUTES
Port Angeles, Washington 98362
June 28, 2000
7:00 p.m.
ROLL CALL
Members Present:
Bob Philpott, Fred Norton, Fred Hewins,
Chuck Schramm
Members Excused:
Bob King, Mary Craver, Linda Nutter
Staff Present:
Brad Collins, Sue Roberds, Dan McKeen
Public Present:
Troy Woody, Gene Unger, Arnold Schouten
APPROVAL OF MINUTES
Chair Hewins opened the public hearings and encouraged those present to sign in so they
could be recognized. He stated that persons who intend to provide testimony must sign in
and acknowledge that their testimony is truthful to the best of their knowledge.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 00-10
CRAB HOUSE RESTAURANT. 221 North Lincoln: A request to provide a 1460
square foot outdoor seating location within the shoreline area in association with an
existing restaurant use.
Planning Director Collins reviewed the Planning Department's staff report recommending
approval of the shoreline permit as proposed.
.
Gene Unger, 1401 West Seventh Street, represented the application and presented a map
indicating that ,the proposed area was previously altered during construction of the
Milwaukee Railroad. The historical beach area is located fifty feet south of the current
location of Hollywood Beach which would mean the proposed decking:would be at least
.' fifteen feet above ordinary high water and out of the area where artifacts would be potentially
found. Contact with a representative of the Lower EI\vha Tribe confirmed that the Tribe does
not object to the proposed development. He will follow up with a letter from the Tribe to
that effect. Anne Shaffer, Department of Fish and Wildlife Biologist, confirmed that a
hydraulics permit would not be required for the project.
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Planning Commission Minutes
June 28. 2000
Page 2
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In response to Commissioner Philpott, Mr. Unger responded that there would be no change
to the entrance of the restaurant. The patio area would be east of the entrance area about one
foot above the Waterfront Trail elevation.
.
Mr. Unger responded to Commissioner Schramm that no tinting or reflective material is
proposed for the windbreak surface. The drainage system has been designed to handle at
least three times the anticipated on-site drainage. No water will be discharged to the beach
area. The storm/runoff system has been designed to infiltrate the ground in the area ofthe
patio. Only filtered water will leave the site.
Mr. Collins noted that if the applicant is able to obtain a letter of agreement from the Lower
Elwha Klallam Tribe that an archaeologist is not needed, proposed condition #5 could be
eliminated as a condition of approval.
There being no further testimony, Chair Hewins closed the public hearing.
Mr. Unger confirmed at the request of Chair Hewins that it is likely the Rayonier waterline
would be in the abandoned railroad right-of-way not on the subject property.
Commissioner Philpott moved to approve the shoreline substantial development permit
with the following conditions, findings, and conclusions:
Conditions of Approval:
.
1. The activity shall meet all requirements of the Port Angeles Municipal Code
including fire and building code requirements.
2. . Signage shall be consistent with Chapters 4 and 5 of the City's Shoreline Master
Program.
3. A revegetation plan shall be approved by the City for the area between the patio and
the Waterfront Trail.
4. The applicant must obtain an administrative ESA approval per Chapter 15.20 ofthe
Port Angeles Municipal Code.
5.
If the subject site has not been previously inventoried, evaluated, and reviewed to the
satisfaction ofthe Lower Elwha Klallam Tribe, the subject site shall be evaluated by
a cultural review team which shall include a professional archaeologist, a
representative of the Lower Elwha Klallam Tribe, the site owner, and the City
Planning Department. This team shall determine the extent of excavation monitoring
for the project during the permit review process. As an alternative, the applicant may
volunteer to have an approved archaeologist on site during any excavation in lieu of
a review by the aforementioned cultural team. If during an excavation that by
decision of the cultural review team occurs without an approved archaeologist on-
site, any phenomena of possible archaeological interest are uncovered, the developer
.
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Planning Commission Minutes
June 28. 2000
Page 3
.
3.
4.
.
5.
6.
7.
shall stop such work and provide fora site inspection and evaluation by a
professional archaeologist to ensure that all possible valuable archaeological data is
properly salvaged.
Findings:
Based on information provided in the June 28, 2000, staff report (including all of its
attachments), comments and information presented during the, public hearing, and the
Planning Commission's discussion and deliberation, the City of Port Angeles Planning
Commission hereby finds that:
1. The applicant is proposing to construct a 73-foot by 20-foot outdoor eating patio
attached to the north side of the existing restaurant and located south of the existing
trail which separates the restaurant from the beach.
2. The applicant, the Crabhouse Restaurant, applied for a Shoreline Substantial
Development Permit on May 11, 2000. The application (Attachment B) was
determined complete on May 22, 2000.
The project is adjacent to the City's east/west Waterfront Trail recreational corridor.
Shoreline Master Program Chapter 4 Policy 13 specifically addresses the issue of
providing public access as close as possible to the water's edge without adversely
affecting a sensitive environment.
The project proposal includes collection of rainfall, filtration, and infiltration.
The proposed project is located within an area of 100-year floods.
The Port Angeles Harbor provides near shore marine habitat for juvenile Puget
Sound chinook salmon, which are listed as a threatened species under the
Endangered Species Act.
8. The Hollywood Beach area north' of the Waterfront Trail is considered an
environmentally sensitive area by the City's Environmentally Sensitive Areas
Ordinance.
9. The aquatic shoreline is defined by the City's Environmentally Sensitive Areas
(ESA) Ordinance as a "beach and associated coastal drift process area."
10. An administrative ESA approval is required for this project.
11.
.
The subject site is designated Urban Harbor (UH) on the Port Angeles Shoreline
Master, Program Shoreline Environment Designation Map, within the margin
betWeen Commercial (C) and Open Space (OS) on the Port Angeles Comprehensive
Plan Land Use Map, and ' Commercial Arterial (CA) on the Zoning Map.
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Planning Commission Minutes
June 28, 2000
Page 4
~
12.
Water-enjoyment commercial use is permitted in the Urban Harbor shoreline
environment designation, and a restaurant is permitted in the Comp Plan
Commercial land use designation and the CA Zone.
.
13. Goals,. policies, and regulations of the Port Angeles Shoreline Master Program,
Comprehensive Plan, and Zoning Ordinance have been considered in review of the
proposal. The most relevant are provided in Attachment C and include the
following:
Port Angeles Shoreline Master Program:
Chapter 4 (General Policies and Regulations) B.2 and Regulations 1-8; C.1, 2, 4,5, 7 and
Regulations 1-8; D.1 and Regulations 1-12; J.1-3 and Regulations 1-12; K.1-6; L.1-4 and
Regulations 1-7; N.I-2 and Regulations 1-2; Chapter 5 (Environment Designations) Urban
Harbor (UH) Policies D.I-2, 4-6, 8-11 and Shoreline Use Matrices; Chapter 6 (Shoreline Use
Policies and Regulations) Commercial Development Policies 1,4-5 and Regulations 1-5;
Flood Hazard Management Policy 3 and Regulation 6; and Recreational Development
Policies F .2-4 and 6 and Regulations 1-7.
Comprehensive Plan:
Land Use Element Goal A, Policy A2, Goal D, Policy DI, Goal E, Goal F, Policy F1, Goal
I, Policies 12 and 14; Conservation Element Goal A, Policy AI, Goal B, Policies B1 and B9,
Objective B3, Goal D, Policies DI, D5, and D7; Economic Development Element Goal B,
Policy B I.
.
Zoning Code:
The Commercial Arterial (CA) Zone purpose reads "This is a commercial zone intended to
create and preserve areas for business serving the entire City and needing an arterial access
location because of the nature of the business or intensity of traffic generated by the
business." Area and dimensional requirements of the CA Zone do not include any setbacks
for the proposed project. Design and landscape requirements provide, "All lighting on the
site shall be directed or shaded so as not to shine directly on adjoining noncommercial
property. "
14. The application materials were sent to the Department oJ Ecology (DOE), the
Washington State Department ofFish and Wildlife (WDFW), and the Lower Elwha
Klallam Tribal Council, and Army Corps of Engineers for review.
15. Thecomment period ran through June 23,2000, and no comments were received.
16.
A Determination of NonSignificance is expected to be issued by the City of Port
Angeles SEP A Responsible Official for the proposal on June 26, 2000, per WAC
197-11-355.
.
17. The application and hearing process was advertised in accordance with the legal
requirements of the City of Port Angeles and the State of Washington.
74
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Planning Commission Minutes
June 28. 2000
Page 5
Conclusions:
Based on information provided in the June 28, 2000, Planning Department staff reports
including all of its attachments, comments and information presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
A. As conditioned, the proposal 'is consistent with the City's Shoreline Master Program
specifically Chapter 4 (General Policies and Regulations) B.2 and Regulations 1-8;
C.1, 2, 4, 5, 7 and Regulations 1-8; D.1 and Regulations 1-12; J.1- 3 and Regulations
1-12; K.1-6; L.1-4 and Regulations 1-7; N.1-2 and Regulations 1-2; Chapter 5
(Environment Designations)Urban Harbor (UH) Policies D.1-2, 4-6, 8-11 and
Shoreline Use Matrices; Chapter 6 (Shoreline Use Policies and Regulations)
Commercial Development Policies 1, 4-5 and Regulations 1-5; Flood Hazard
Management Policy 3 and Regulation 6; and Recreational Development Policies
F .2-4 and 6 and Regulations 1-7. _/
B.
The project is consistent with the City's Comprehensive Plan. Those policies most
relevant to the proposed project are: Land Use Element Goal A, Policy A2, Goal D,
Policy D1, Goal E, Goal F, Policy FI, Goal I, Policies I2 and 14; Conservation
Element Goal A, Policy AI, Goal B, Policies B1 and B9, Objective B3, Goal D,
Policies D1, D5, and D7; Economic Development Element Goal B, Policy Bl.
C. The proposal is in compliance with the City's Commercial Arterial Zone of the City's
Zoning Ordinance.
D. Because the patio is separated from the water's edge by the City's asphalt trail and
the sand covered beach, surface water runoff should not significantly affect the water
quality of Port Angeles Harbor.
E. The patio area should not directly affect the near shore marine habitat along
Hollywood Beach.
F. The proposed project is located in a previously altered area separated from the beach
by the asphalt trail and, therefore, will not impair the natural coastal drift processes.
G. The minimal improvement of the patio in a developed floodplain area should pose
less ofa problem than an expansion of the restaurant building into the same area.
H. The public's access to and enjoyment of the shoreline area will be expanded by the
proposal.
1.
The outdoor atmosphere of the restaurant patio should provide additional space
similar to the picnic areas for people to sit and enjoy the scenic area.
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Planning Commission Minutes
June 28, 2000
page 6
~
J.
The urban waterfront in the downtown should b'e made friendlier to people by the
provision of water-enjoyment activities.
.
The motion was seconded by Commissioner Norton and passed 4 - o.
REZONE APPLICATION - REZ 00-03 - DEL GUZZI. 824 Georgiana Street:
Request for rezone of 7,000 square feet of property from RS-7, Residential Single
Family, to CO, Commercial Office.
Planning Specialist Sue Roberds reviewed the Planning Department's staff report
recommending approval of the rezone as proposed and answered questions with regard to
uses permitted in the Commercial Office zone. Chair Hewins opened the public hearing.
Arnold Schouten, 833 East Front Street, agreed with staffs analysis and was present for
questions. He has been leasing the property across the alley from the location for the past
eighteen years and has been operating the building supply use thereon. In order to grow and
continue to serve the community it is necessary to provide additional parking. It is also
apparent that a parking situation exists in the neighborhood that is less than satisfactory
partially due to the building supply business. The proposal then would alleve some of that
parking impact. He al(knowledged that he is aware that if the property is rezoned he would
not be required to follow through with his plans and that any use permitted in the
Commercial Office zone would be allowed on the property.
.
There being no further testimony, Chair Hewins closed the public hearing.
,
Following brief discussion, Commissioner Philpott moved to recommend approval ofthe
rezone as proposed citing the following findings and conclusions in support of that
action:
Findings:
1. The applicant, Lisa Del Guzzi, is requesting a rezone of Lot 4, Block 38, Norman R.
Smith's Subdivision to Port Angeles from RS-7, Residential Single Family, to CO,
Commercial Office.
2. The site is 50' x 140' in size (7,000 square feet in area) and contains a single family
residence.
3. The purpose ofthe rezone is to facilitate the development ofthe property as a parking
lot to accommodate excess parking generated by an adjacent building supply use.
The applicant owns the property where the building supply use exists.
4.
The submitted application including a map of the subject area is attached as
Attachment B to the June 28, 2000, Planning Department Report.
.
5.
The City's Comprehensive plan designates the property as Commercial (C). The site
is located in the northernmost portion ofthe City's North Central Planning area. The
76
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"1"--';;' '(t;ri~W r.!'~!' ,j
Planning Commission Minutes
June 28. 2000
page 7
12.
13.
Olympic Medical Center's Northwest Kidney Center is being developed across
Georgiana Street from the site, with various medical uses located in the direct
vicinity as well as the Olympic Medical Center's main campus being two blocks
northeast of the site. Residential single-family residences are scattered between the
medical uses with the Hartnagel Building Supply use directly south across the
Georgiana/Front Street alley.
6.
Land Use Element Policies Al and A2 establish the need for all decisions to be
consistent with the Comprehensive Plan Land Use Map and policies. Policy E3
requires commercial development to buffer its impact to residential properties.
7.
Properties to the north and east are zoned CO and are developed primarily as medical
office uses within a one to two block distance from the site. Property to the south is
zoned Commercial Arterial (CA) and is developed as commercial retail uses.
Property to the west is zoned Residential Single Family (RS-7) and is developed with
single family residences. The subject site, if rezoned, would define the boundary
between commercial office uses and residential uses west of the site and north ofthe
Georgiana/Front Street alley.
8.
Approximately one half of the lots in the 800 block of Georgiana Street are zoned
Commercial Office. On the north side of Georgiana Street, the CO
zone extends an additional three lots to the west of the subject lot. To the east, Lot
3 in Block 38, Norman R. Smith's Subdivision, was rezoned in March, 2000 from
RS-7 to CO, following which a conditional use permit was approved for a parking
lot.
9.
The Commercial Office zone requires that a landscape buffer be provided along a
property line that abuts a residential zoned property. Such buffer must consist of
three (3') feet of landscaping with a three to six (3' to 6') foot high vision obscuring
fence or other solid landscaping material at minimum. Any proposed lighting on the
site must be directed away from adjacent residences.
10.
The Fire and Public Works Departments have indicated that they have no objections
to the rezone.
11.
The SEP A Responsible Official issued a Determination of Non significance (#915)
for the proposal on June 22,2000.
The public comment period for this application ran from June 5, 2000, to June 20,
2000. No written comments were received during that time period. However, a
phone call from the neighbor directly to the west of the site (818 Georgiana)
indicated approval of the proposal.
The applicant cited a critically short supply of off-street parking for various medical
uses and commercial activity in the area and intends to alleviate some of that
congestion for the neighbors with the development.
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Planning Commission Minutes
June 28, 2000
page 8
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Conclusions:
.
K. The Comprehensive Plan's Land Use Element Policies A 1-2 and E3 directly relate
to the proposed rezone.
L. The rezone complies with the City's Comprehensive Plan, specifically Land Use
Element Policies AI, A2, and E3.
M. The proposed rezone is compatible with surrounding land uses and ZoningOrdinance
designations.
N. If developed as proposed, the rezone can reduce the impact of the adjacent medical
office on neighboring properties by providing needed off-street parking and required
landscape buffering.
O. The proposed rezone is justified by a change in circumstances since there have been
similar zoning changes in the vicinity which the subject property is located.
P. The rezone is in the public interest.
The motion was seconded by Commissioner Norton and passed 4 - O.
.
CONDITIONAL USE PERMIT - CUP 00-04.. BEAUSOLEIL. 514 West Eighth
Street: A request for a conditional use permit to establish a recycle use in the CN,
Commercial Neighborhood zone. (Continue to July 26,2000.)
Director Collins asked that the item be continued to the July 26, 2000, regular meeting.
Chair Hewins opened the public hearing. There being no one to speak to the issue,
Commissioner Philpott moved to continue the public hearing to July 26, 2000, 7 p.m.,
or as soon thereafter as possible. Commissioner Schramm seconded the motion which
passed 4 - O.
OLD BUSINESS
MUNICIPAL CODE AMENDMENT MCA 00-02 ADULT
ENTERTAINMENT BUSINESSES City wide: Consideration of adoption of
regulations regarding adult entertainment business within the City limits. (Continued
from June 14, 2000.)
Planning Director Collins reviewed a revised staff report intended to supercede earlier staff .
reports. He noted that the revisions to the regulations in the June 28th staff reportinclude
those changes directed by the Planning Commission following the June 14,2000, public
hearing.
78
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 9
The Planning Department is recommending a 500-foot distance separation at this time which
. ,
would allow for at least 32 possible sites City wide. If a 300-foot separation were used,
approximately 50 sites would be available, 500 feet allows for 32 sites, and 1000 feet would
restrict the activities substantially and limit sites to one location. He provided maps to show
the method of identification of possible sites and where those sites exist.
Director Collins responded to Commissioner Schramm that he had not thoroughly analyzed
the impact on properties located south of Edge wood Drive that are situated in the County and
are zoned industrial. However, analysis of the 32 possible sites under the current
recommendation took into consideration the County's adjacent zoning. With regard to the
total land area of the City that is zoned industrial, he believed a substantial portion of the
City's acreage is zoned industrial, somewhere between 10% and 20%. He did not
specifically know what the total acreage would be in the 32 possible sites.
Commissioner Schramm noted that because the County's zoning along Edgewood Drive is
Industrial, no separation would be required between possible locations within the City's
Industrial property north of Edge wood Drive and those uses. Director Collins responded that
he did not identify any sites along Edgewood Drive. The County zoning in that area has
changed to allow both residential and industrial uses. It is difficult to identify the separation.
Ifthere is a separation it is likely to be on the County's side rather the City's.
Commissioner Norton moved to recommend approval of the Municipal Code
Amendment citing the following findings and conclusions:
Findings:
Based on the information provided in the Planning Department Staff Report for MCA 00-02
dated June 28, 2000, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, the City of Port Angeles Planning Commission hereby finds that:
1. The applicant City of Port Angeles proposed a Municipal Code Amendment to
. change the City's zoning regulations regarding adult entertainment businesses.
2. The City of Port Angeles first adopted zoning and business license regulations
pertaining to adult entertainment businesses in J 988.
3.
The application proposes to amend Port Angeles Municipal Code Chapters 3.70,
5.50, and 17.25 and Sections 17.30.020, 17.32.020, and 17.34.020 and to eliminate
the necessity of conditional use permit approval for every adult entertainment
business.
The following Comprehensive Plan Policies are most relevant to the proposed
amendment:
4.
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 10
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Land Use Element Goal "A" To guide current and future. development within the
City in a manner that provides certainty to its citizens about the future land use and
the flexibility to meet the challenges and opportunities of the future.
.
Land l!se Element Policy "AI" The Comprehensive Plan Land Use Map should be
used as a conceptual guide for determining current and long range zoning and other
land use decisions. The map's land use designations are intended to show areas
where general land use types are allowed. The area between land use designations
should be considered an imprecise margin in order to provide flexibility in
determining the boundary of such areas. When determining appropriate zoning
designations for an area near a margin, the goals, policies and objectives of the
Land Use Element should take precedence.
Land Use Element Objective ''AI'' The City will review and revise as necessary the
existing Zoning Ordinance, Zoning Map, and other development regulations to
ensure consistency with the Comprehensive Plan.
Land Use Element Goal "B" To have a community where residential development
and use of the land are done in a manner that is compatible with the environment,
the characteristics of the use and the users, and the desired urban design of the City.
Land Use Element Goal "c" To have a community of viable districts and
neighborhoods with a variety of residential opportunities for personal interaction, .
fulfillment and enjoyment, attractive to people of all ages, characteristics and
interests.
Land Use Element Policy "CI" Residential land should be developed on the district
and neighborhood concept. Although such districts may be composed primarily of
residential uses of a uniform density, a healthy, viable district should be composed
of residential uses of varying densities which may be augmented by subordinate and
compatible uses. Single family and multi-family homes, parks and open-spaces,
schools, churches, day care and residential services, home occupations, and district
shopping areas are all legitimate componl!nts of district development and
enhancement. A neighborhood should be primarily composed of low, medium, or
high density housing.
Land Use Element Goal "E" To provide shopping opportunities which meet the
needs of all City residents and visitors in safe, usable shopping areas that are
compatible with the surrounding area and uses, the environment, and the desired
urban design of the City.
Land Use Element Policy "E3" Commercial development should buffer its impacts
on adjacent residential uses. Where commercial development is adjacent to
residential uses, the commercial development should incorporate elements in the site .
design to soften the impacts on. the residential uses.
80
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 11
Land Use Element Goal "F" To provide a pleasant, safe, and attractive shopping
environment in the traditional downtown waterfront area which provides a wide
variety of shopping, dining, entertainment, and housing opportunities for visitors and
residents alike.
Land Use Element Policy "F3" Residential uses should be encouraged for the
downtown area as part of a mixed-use development concept.
Land Use Element Goal "H" To provide opportunities for industrial development
in a manner which efficiently uses the community's various attributes and natural
resources, has minimal impact on the environment, and contributes to the City 's
quality of life.
Land Use Element Policy "H3" Industrial areas should buffer their impact to
mitigate nuisance and hazardous characteristics such as noise, particulate matter
in the air, water or odor pollution or objectionable visual material.
Land Use Element Policy "H4" Industrial activity should be located in two major
areas: adjacent to the harbor and around the airport.
Economic Development Element Policy "A3" The City should promote in the
traditional downtown retail, dining, and entertainment oriented activities that are
attractive to both tourists and local residents.
5.
The City's land use and economic development policies taken as a whole are
intended to protect residential areas from uses that are incompatible with the
characteristics of the Users, namely families, to provide a safe shopping environment
that is attractive and compatible with the surrounding area and uses and the desired
urban design ofthe City, and to provide opportunities for industrial development that
has minimal impact on the environment andcoIltributes to the City's quality of life.
6. The intent of the proposed amendments are to separate family-oriented and adult-
oriented uses, to provide safe shopping areas, and to provide employment areas that
buffer uses with nuisance and hazardous characteristics from residential and other
family-oriented uses.
7. A Determination of NonSignificance was issued for this proposal on August 18,
1999.
8. The City received no written public comments on this proposed Municipal Code
Amendment MCA 00-:-02.
9.
Based on mapping analysis for 1000-foot,500-foot, and 300-foot separation
requirements, the amendments which staff proposes would result in approximately
forty (40) current available sites at three (3) different general locations for adult
entertainment businesses as shown on Exhibit 1 zoning maps.
10.
The City officials on the Planning ColllI11ission and City Council have reviewed two
volumes of studies and experiences in other cities and states identifying detrimental
81
Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 12
~
secondary effects of adult entertainment businesses, including the Cities of Olympia, .
Bellevue, and Kent, Washington; Kansas City, Missouri; Austin, Texas; and the State.
of Minnesota studies listed in Exhibit 2.
Conclusions:
Based on the information provided in the Planning Department Staff Report for MCA 00-02
dated June 28, 2000, including all information in the public record file, comments and
testimony presented during the public hearing, the Planning Commission discussion and
deliberation, and the above listed findings, the City of Port Angeles Planning Commission
hereby concludes that:
1. The proposed amendment is consistent with the goals and policies of the City's
Comprehensive Plan including but not limited to Land Use Element Goals A, B,
C, E, and F, Policies AI, CI, E3, andF3, and Objective AI, and Economic
Development Element Policy A3.
2.
Based on studies of detrimental secondary effects associated with adult entertainment
businesses, the City has determined that there are such effects that can be reduced
through the adoption of specific zoning and business license regulations that are
narrowly tailored to alleviate these harmful effects to public health, safety, and
welfare.
.
3. The proposed amendments would make the City's Zoning Code and Business
License Regulations consistent with court cases that limit how adult entertainment
businesses may be regulated and consistent with constitutional rights of expression.
4. The proposed amendments will meet the legal tests for local ordinance regulation of
adult entertainment businesses.
5. The proposed zoning and business license regulations are content neutral and are
simple time, place, and manner regulations.
6. The proposed adult entertainment business regulations are narrowly tailored to
separate and buffer such uses that are shown by secondary effects studies to expose
the general public including minors to a greater than normal number of incidents of
criminal activities, which the City has a substantial government interest in policing
and which are unrelated to the suppression of speech.
7.
The proposed regulations do not unreasonably limit alternative avenues of
communication and specifically provide a substantial number of sites at several
locations throughout the City where adult entertainment businesses can take place.
.
8.
The proposed amendments adequately separate and buffer adult-oriented uses from
family-oriented uses and allow for reasonable enforcement of zoning regulations in
the protection of public health, safety, and welfare.
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Adult Entertainment Businesses MeA 00-02
June 28, 2000
Page 13
9.
The proposed amendments are in the public use and interest.
The motion was seconded by Commissioner Schramm and passed 4 - o.
COMMUNICATIONS FROM THE PUBLIC
None.
STAFF REPORTS
Staff noted that there should be no meeting on July 12,2000, which will give everyone some
time off. The Planning Commission concurred.
A new Associate Planner has been hired. Debra Barnes will be joining the Planning staff on
August 14. Debra currently is employed by the Clallam County Department of Community
Development.
REPORTS OF COMMISSION MEMBERS
Commissioner Philpott indicated that he would not be able to attend meetings in August.
ADJOURNMENT
The meeting adjourned at 8:45 p.m.
Brad Collins, Secretary
Fred Hewins, Chair
PREPARED BY: S. Roberds
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MINUTES
BOARD OF ADJUSTMENT
City of Port Angeles
June 5, 2000
CALL TO ORDER:
Vice Chair Bondy called the meeting to order at 7:08 p.m.
Members Present:
Julie Bondy, Barbara Gase, Gina Lowman
Members Absent:
Louise Meyer, Theresa Schmid
Staff Present:
Brad Collins
Public Present:
Dan Nordskog
APPROVAL OF MINUTES:
Boardmember Lowman temporarily assumed the chair. Boardmember Gase moved to
approve the February 7, 2000, minutes with several corrections, noting that
Boardmember Lowman was absent, not present, at the 2/7/00 meeting and
corrections to the testimony of William Lindberg on page 4 adding "wests ide"
between "proposed" and "addition" and changing the last sentence to be "Bill
Lindberg responded." The motion was seconded by Boardmember Bondy passed
2-0 with Boardmember Lowman abstaining since she was not present. at the
meeting. (Note: the City Attorney has said that 2 voting Boardmembers do not constitute
a quorum, and the 2/7/00 minutes must be acted upon by a quorum of those present at
that meeting.) Vice Chair Bondy resumed the duties of the chair.
PUBLIC HEARINGS:
VARIANCE REQUEST - VAR 00-03 - NORDSKOG. 512 Ahlvers Road:
Request for a reduction of the front yard setback from 25' to 0' and of the
required side yard abutting a street from 18' to 0' in the RS-9, Residential
Single Family Zone.
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Planning Director Collins reviewed the Planning Department's staff report making a
correction to Finding 12 and Conclusion B and recommending denial of the application.
Vice Chair Bondy opened the public hearing.
Dan Nordskog, 512 Ahlvers Road, explained the temporary nature of the structure and
the alternate of using a blue tarp. Mr. Nordskog submitted four letters from neighbors in
support of the variance request. Staff marked the letters as received June 5, 2000. In
response to the Board's question, Mr. Collins stated that no other letters have been
received from the public.
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Board of Adjustment Minutes
June 5, 2000
Page 2
There being no further testimony, Vice Chair Bondy closed the public hearing. .
Following a brief discussion, Boardmember Lowman moved to deny the variance
request per the staff's revised 13 findings and 5 conclusions:
Findings:
Based on the staff report analysis, public review and comment, the Board of Adjustment's
discussion and deliberation, the Board of Adjustment hereby finds that:
1. In accordance with Sections 197-11-800 (6) (b) and 197-11-908 of the Washington
Administrative Code, and Chapter 15.04 of the Port Angeles Municipal Code. The
proposed variance is categorically exempt from State Environmental Protection Act
threshold determination and environmental impact statement requirements.
2. The applicant Dan Nordskog applied for a variance for the property located at 512
E. Ahlvers Rd. on May 5, 2000. The applicant's submittal is identified as
Attachment B to the June 5, 2000, Staff Report for VAR 00-03.
3.
The site has mature firs, a line of cedars, and right-af-way problems which limit the
access necessary to maneuver the required large boat trailer. The proposed
structure is located in the northwest corner of the subject property at the corner of
Ahlvers Rd. and Canyonedge Dr.
4.
The applicant is proposing a reduction in the front yard setback from 25' to 0' and
the side yard setback from 18' to 0' in order to build a temporary structure to cover
a boat that is being refurbished for a two-year period.
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5. The subject site is rectangular in shape (90' by 132') with 11,880 sf. in area and
slopes down from the front (north) to the rear (south).
6. The property is located in the center of the South Central Planning Area and has
access fromAhlvers Rd. and Ca8yonedge Dr.
7. The property is designated Low Density Residential (LOR) by the Comprehensive
Plan and is zoned Single-Family Residential- 9,000 (RS-9). The RS-9 zone allows
a .single-family residence as a permitted use and boat/vehicle storage as an
accessory use to a residence.
8. The land uses adjacent to the site consist of single family residences to the north,
south, west and east.
9. The surrounding properties are zoned RS-9.
10. The majority of other properties in the area are rectangular in shape, contain 9,000
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Board of Adjustment Minutes
June 5. 2000
Page 3
. to 14,000 sf., and are relatively level.
11. There are physical characteristics related to the property's size, shape, topography,
location, or surroundings which limit the buildable area of the site that may be
accessed for a large boat structure.
12. There are no other structures in the front yard setback in the vicinity and the zone.
13. The City's Fire Department and Public Works Department have made no comments
on the proposed variance.
Conclusions:
Based on the staff report analysis, public review and comment, the Board of Adjustment's
discussion and deliberation, and the above listed findings, the Board of Adjustment hereby
concludes that:
A. T~e need for the requested variance is based on the location and design of the
existing right-of-way improvements combined with the mature fir and cedar trees
adjacent to the vehicular access to the site. .
B.
Although the variance is proposed to be only temporary, there is no evidence that
other properties in the vicinity and the zone are enjoying the use of their front yard
and side yard setbacks for any type of structure, and, therefore, a reduction of the
front yard and side yard setbacks would be a grant of special privilege inconsistent
with the limitation upon uses of other properties.
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C. It does not appear that the applicant's submittal can be redesigned without removal
of the mature trees and/or grading permanently altering the natural vegetation and
land form..
D. The proposed use is consistent with the Comprehensive Plan and Zoning
Ordinance and compatible with the adjacent land uses.
E. The granting of the proposed variance would not be detrimental to the public health,
safety, or welfare.
The motion was seconded by Boardmember Gase and passed 3-0.
COMMUNICATIONS FROM THE PUBLIC:
None
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Board of Adjuitment Minutes
June 5, 2000
Page 4
STAFF REPORTS:
Planning Director Collins reported David Sawyer's resignation to take another position with
the City of Sammamish, suggested a Fourth of July holiday reschedule of the next regular
meeting, and explained the Board's by-laws necessitating an election of officers at the first
regular meeting after February of each year.
Boardmember Gase moved and Boardmember Lowman seconded a motion to
reschedule the next meeting of the Board of Adjustment from July 3 to July 17, 2000,
since neither Boardmembers Lowman and Bondy would be available on July 10,
2000. The motion passed 3-0.
Boardmember Gase nominated Boardmember Bondy to be Board Chair. There being
no other nominations, Boardmember Bondy was elected unanimously.
Boardmember Lowman nominated Boardmember Gase to be Board Vice Chair.
There being no other nominations, Boardmember Gase was elected unanimously.
REPORTS OF BOARDMEMBERS:
None
ADJOURNMENT:
The meeting was adjourned at 7:38 pm.
~ Ceea '-7
Brad Collins, Secretary
Julie Bondy, Vice Chair
PREPARED BY: B. Collins
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.U11 JL 213111 ~
pORT ANGElES
PlANNING DEPARTMENT
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BEFORE THE CITY COUNCIL OF THE CITY OF PORT ANGELES
IN RE THE MATTER OF:
Conditional Use Permit No. 00-03
HIGHLAND COURTE
MEMORANDUM OF APPLICANT
UPON CLOSED RECORD APPEAL
7
A.
STATEMENT OF ISSUES
The Applicant proposes to use an existing structure located in a High Density
12 Residential Zone (HDR) as a treatment facility for persons who are dependent upon drugs
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and alcohol. The City of Port Angeles staff characterized this use as a "social service
15 agency providing 24-hour residential care" (See City Staff Reports of April 12, 2000 at p. 3,
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and May 10,2000 at p. 3) and thus eligible to be considered as a conditional use in the HDR
zone, pursuant to PAMC 17.15.040(N).
Throughout the three continuations of the public hearing on the application, on April
12, May 10, and May 24, 2000, the application was opposed by neighbors of the project,
who have banded together as the Families and Independent Residents ("FAIR") of the
24 Highland neighborhood to file an appeal of the Planning Commission action. The
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~pposition was generally and overwhelmingly based upon neighborhood public safety fears,
leading to the argument that the proposed use was incompatible in a residential
neighborhood. (See the Staffs Summary of the Public Testimony of May 10, 2000, Staff
Report at p. 2)
MEMORANDUM OF APPLICANT - 1
Highland Courte
word\secre2\clm-general\highland coune.appmem
Johnson Miller Richardson Shetler PLLe
ATTORNEYS AT LAW
230 East Fifth Street
POIt Angeles. W A 9R362
(360) 452-3R95 / FAX (360) 457-3379
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The strongest possible testimony submitted on this issue was ambiguous, at best.
The Port Angeles Police Department originally raised "considerable reservations" on this
issue (See the Police Departmel)t Memo of April 5, 2000). This report was rebutted by a
submission by the Applicant dated May 1, 2000, which provided far more information than
7
the Police Department Memo. After a review of this report, and some additional inquiry of
its own, the Police Department noted that there was simply insufficient information to
support its concerns, stating "Our reservations could prove to be unfounded," and that
"empirical data, using strong comparables is needed before a definitive recommendation
could be provided."
The ambiguity of this information was not aided by the mass of public testimony in
opposition to the application submitted at the three hearings. That testimony can best be
characterized as generalized opposition, on the basis that there is a public safety hazard from
the patients at the facility. There was no anecdotal evidence of such a hazard, by the
a resident of a surrounding neighborhood. There was no empirical data, based upon surveys
or studies of similar facilities, which identified any such incidents or a series of such
incidents. The testimony, then, was simply speculation on the part of the neighborhood,
which speculation assumed that the patients at such a facility are dangerous, assumed that
they would leave the facility, and assumed that they would then attack neighborhood
residents.
MEMORANDUM OF APPLICANT - 2
. Highland Courte
word\secre2\c1m-general\highland courte.appmem
Johnson Miller Richardson Shefler PLLe
ATTORNEYS AT LAW
230 East Fi fth Street
POl1 Angeles. W A 9R362
(3M)) 452-3R95 ! FAX (360) 457-3379
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This level of evidence in opposition to the application was rejected by the City Staff.
The City Attorney, on May 24, 2000, advised the Planning Commission of the applicable
law:
City Attorney Cr~ig Knutson responded to Commissioner Craver's inquiry as
to how the Americans With Disabilities Act (ADA) court decisions relate to
the proposal. He stated that the ADA does apply to persons with substance
abuse problems. They are considered to be a protected class of people under
federal law, and a number of court decisions have dealt with that issue in the
land use permitting context. The courts are indicating that in order to
condition or deny a proposal for a facility that is designed to serve controlled
substance abusers, decision makers have to make sure that decisions are based
on documented evidence that is substantiated in the record of actual impacts.
In developing conditions, staff tried to establish conditions based on either
evidence in the record or on agreements that applicants have made so those
conditions will be supportable under the ADA. Specifically with regard to
issues such as public safety and decline in property values, court cases have
stated that perceived impacts are not supportable. Specific evidence needs to
be in the record that those impacts will occur. (May 24, 2000 Planning
Commission Minutes at p. 4):
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Based upon the record before it, the Planning Commission voted. on May 31, 2000 to
approve the application, attaching 15 conditions to the approval. (See June 6, 2000 Planning
Department letter issuing permit at pp. 1 and 2)
By a letter dated June 7, 2000 the Applicant indicated its intent to appeal two of the
conditions, in the event of an appeal by any other party. If there was not another appeal, the
Applicant was willing to try to make the conditions work, reserving its legal right to seek
amendment of the conditions, if necessary.
On June 14, 2000 FAIR filed an appeal to the City Council, thus triggering the
31 Applicant's appeal, and bringing both appeals before the City Council.
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MEMORANDUM OF APPLICANT - 3
Highland Courte
word\secre2\c1m-general\highland courte.appmem
Johnson Miller Richardmn She[ler PLLe
ATTORNEYS AT LAW
230 East Fi tih Street
POll Angeles. W A 911362
(31'>0) 452-31195 i FAX (360) 457-3379
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B.
LEGAL ISSUES SUPPORTING REQUEST FOR
REASONABLE CONDITIONS
The Washington State Court of Appeals recently addressed legal issues concerning a
conditional use permit for a hard-to-site facility in D~partment of Corrections v. City of
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Kennewick, 86 Wn. App. 521 (1997). In that case, the City's planning director had
approved a conditional use permit for a work release facility, but the planning commission
and City Council overruled him and determined that the permit should be denied. In holding
that the City had erroneously denied the permit, the Court of Appeals found that the
planning director had properly rejected unsubstantiated community fears in opposition to the
work release facility.
The court specifically noted that Washington cases which have considered the
relevance of community fears in zoning decisions "have required that the fears be
substantiated before the zoning authority may use them as the basis for its decision." 86
Wn. App. at 520. The court referred to Sunderland Family Treatment Services v. City of
Pasco, 127 Wn.2d 728 (1995), which had been decided two years previously by the
Washington State Supreme Court. In that case, the Supreme Court reviewed the City of
Pasco's denial of the special use permit for a group home crisis residential center for abused
and neglected teenagers in a single family zone. In the Sunderland case, the Supreme Court
found that although the residents of the group home would be "troubled" teenagers, the
concerns of neighbors about crime, diminished property values, and added noise, nuisance
and security concerns in the neighborhood were not based on "competent or substantial
MEMORANDUM OF APPLICANT -4
Highland Courte
word\secre2\c1m-generaJ\highland courte.appmem
Johnson Miller Richardson Sheller PLLe
ATTORNEYS AT LAW
230 East Fifth Street
P0I1 Angeles. W A 9R362
(360) 452-3R95 / FAX (360) 457-3379
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evidence," as opposed to unsubstantiated fears. Sunderland at 794-95. The court noted
further that the group homes' operational policies such as adult supervision and drug and
alcohol prohibition would counter some of the concerns raised by neighbors. Sunderland at
794-95. The court also cited Maranatha Mining v. Pierce County, 59 Wn. App. 795, 797
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(1990) for its holding that denial of a permit application cannot rest upon community
opposition.
A further reason supporting reasonable conditioning of this CUP is the requirement
12 of state and federal law that municipalities avoid discrimination on the basis of "disability"
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in applying and interpreting their land use regulations. RCW 36.7 AAl 0 prohibits a
jurisdiction from enacting or maintaining "an ordinance, development regulation, zoning
regulation or official control, policy or administrative practice which treats a residential
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. occupied by a family or other unrelated individuals." As used in this section, "handicaps"
are as defined in the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. ~ 3602).
The population to be served by Highland Courte qualifies as disabled/handicapped under the
relevant state and federal definitions. See also RCW 36.70.990, 35A.36.240, 36A.363.240
and 35.63.220, which all contain equivalent provisions applicable to the various
classifications of Washington municipalities.
Also applicable is the Federal Fair Housing Act, 42 U.S.C. ~ 3601 et. seq. and its
Washington State equivalent, RCW 49.60.222. Th~ legislative history and substantial case
law under the Federal statute make it clear that municipal land use regulations must comply
MEMORANDUM OF APPLICANT - 5
Highland Courte
word\secre2\c1m-general\highland courte.appmem
Johnson Miller Richardson Shefler PLLe
ATTORNEYS AT LAW
230 East Fifih Street
POll Angeles. W A 9X362
(360) 452-3X95 FAX (360) 457-3379
8
9
10
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1 with the prohibitions against discrimination on the basis of disability or handicap. Under the
2
3
4
5
6
applicable law, a residential facility such as proposed here cannot be treated differently
because of the nature of the disabilities of the residents.
The Growth Management Act also addresses the need for reasonableness in
7
imposing conditions on group homes. RCW 36.70A.200(2) provides that no local
comprehensive plan or development regulation may preclude the siting of such "essential
public facilities," which the statute specifically defines to include group homes and
substance abuse facilities. See RCW 36. 70A.200(1).
Finally, Section 17.96.050.D of the Port Angeles Municipal Code authorizes the
Planning Commission to grant "reasonable accommodations" as required under the Federal
F air Housing Act.
The conditions appealed by the Applicant in this instance are not supported by the
evidence in the record, and therefore cannot be sustained under the legal standards set forth
21 above. The conditions are based, solely, upon the unsubstantiated neighborhood fears that
22
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24
25
26
27
28
29
30
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patients will leave the facility, and will then attack neighbors. Thus, the condition on
criminal background checks (Condition No.5) i,s an attempt to keep certain persons out of
the. treatment facility, even though there is no evidence in the record to support this
discrimination against those persons. Were there any evidence to suggest that persons with
certain felony convictions were likely to leave a treatment facility and commit a crime, then
this condition might be defensible. There is no evidence that any patient in a treatment
MEMORANDUM OF APPLICANT - 6
Highland Courte
wordlsecre2\c1m-general\highland courte.appmem
Johnson Miller Richardson Shefler PLLe
ATTORNEYS AT LAW
230 East Fifth Street
POJ1 Angeles. W A 9R362
(360) 452-3R95 / FAX (360) 457-3379
_"
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1 facility has ever done this, let alone any evidence that a convicted felon has done so. This
2
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4
5
6
condition is unsupported by the evidence.
Similarly, Condition No. 10 is designed to make it difficult for patients to leave the
facility. (See the Minutes of the Meeting of May 24, 2000 at p. 6) Leaving aside the issue
7
that this condition may tread upon the constitutional right of patients to travel freely, without
undue government interference, this condition is based upon the same faulty analysis as
Condition No.5. Before the condition can be imposed, there must be evidence to support its
necessity. There is no such evidence that patients must be discouraged from leaving the
treatment facility, because there is no evidence of any negative impact to the neighborhood
from a patient's leaving. The record contains only unfounded speculation that a patient
leaving the facility will cause a disturbance or commit a crime.
The Applicant respectfully requests that the City Council remove from the CUP the
two challenged conditions, since the record simply does not support the imposition of the
21 conditions.
22
23
24
25
26
27
28
29
30
31
32
C. RESPONSE TO FAIR APPEAL
In its appeal, FAIR cites five bases for . reversal of the Planning Commission's
.decision. Applicant wishes to briefly respond to those contentions, in the order in which
they are made.
In two related contentions, F AIR contends, at Page 2 of its Appeal, that the
application is subject to the terms of an existing Planned Residential Development ("PRD"),
and that there is a requirement that the PRD be amended before a CUP such as the pending
MEMORANDUM OF APPLICANT - 7
Highland Courte
word\secre2\c1m-general\highland courte.appmem
Johnson Miller Richardmn Shefler PLLe
ATTORNEYS AT LAW
230 East Fillh Street
POIt Angeles. W A 98362
(360) 452-3895/ FAX (360) 457-3379
, -"
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12
13
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17
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1 application could be allowed, and also that the proposed CUP is subject to the restrictive
2
3
4
5
6
covenants of the PRD.
There is no evidence in tPe record to support any conclusion that the terms of a PRD
approval, which occurred somewhere earlier in time to the present application, is binding
7
upon the property which is the subject of this Application. The only detailed reference to
this earlier approval is found in the May 24, 2000 minutes, where at Page 2, Planning
Director Collins informed the Planning Commission that "the recreational amenities
developed as part of the PRD must not be compromised by the proposal," thereby indicating
that no other aspect of the earlier PRD approval applies to this project. Before any argument
could be made on this point, the record would need to contain the PRD approval, as well as
applicable title data on the site of the proposed project, to show that the property is subject
to covenants as argued. The record does not contain this information, and FAIR's argument
is thus ineffectual.
F AIR'S next argument, at Page 3, is that the facility is incompatible with the
neighborhood. This argument is answered by the discussion in Section B, supra, which
notes that projects such as the one proposed can only be defeated by specific evidence of
impacts creating an incompatibility, not by this type of generalized objection.
FAIR than argues, at Pages 3-4, that impacts are not mitigated by the conditions
imposed. Specifically as noted, there was no competent evidence of impacts which needed
30 to be mitigated. The record contains only "unsubstantiated fears," Sunderland Family
31
32
Treatment Services v. City of Pasco, 127 Wn.2d at 795. There are, therefore, no impacts
MEMORANDUM OF APPLICANT - 8
Highland Courte
word\seere2\c1m-general\highland courte,appmem
Johnson Miller Richardson Shetler PLLC
ATTORNEYS AT LAW
230 East Fifth Streel
POll Angeles. W A 9R362
(300) 452-3R95 ' FAX (300) 457-3379
:..-
8
9
10
11
12
13
14
1 supported by the evidence which need to be mitigated, in order to make the CUP compatible
2
3
4
5
6
with the residential neighborhood.
Finally, at Page 5, FAIR argues that the decision was based upon fear of litigation.
This argument seems to be that the Planning Commission was cognizant of applicable law
7
when it made its decisions, and attempted to do in accordance with the applicable law. This
is not fear of litigation, it what is required of municipalities and individuals alike; the law
must be followed. F AIR apparently argues that the law should be ignored, and that the
decision of the Planning Commission should have been based solely upon the
neighborhood's opposition, when a decision on that basis is flatly indefensible under the
15 applicable law.
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24
25
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27
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D. CONCLUSION
For the reasons stated above, the two conditions objected to by the Applicant should
be removed from the approval, since they cannot be supported by the evidence. Similarly,
the decision to approve the CUP must be upheld, since it is fully supported by the
evidentiary record before the Planning Commission. FAIR's objections to the approval are
not well taken legally, and are not supported by any evidence in the record.
") 1 C;::-.
Respectfully submitted this v day of July, 2000.
JOHNSON MILLER RICHARDSON SHEFLER PLLC
By:
CRAIG . MILLER, WSBA #5281
ey for the Applicant
MEMORANDUM OF APPLICANT - 9
Highland Courte
word\secre2\c1m-general\highland coune.appmem
Johnson Miller Richardmn She{ler PLLe
ATTORNEYS AT LAW
230 East Filth Street
POl1 Angeles. W A 9R362
(360) 452-3R95 ! FAX (360) 457-3379
~
~
ill
rn @ rn 0 Wi @'lr~!
~ t U ;
JUL 2 7 2000 ! t~i. i
l
PORT ANGELES_I I
PLANNING DEPARTMENT I
'2
3
4
5
BEFORE THE PORT ANGELES CITY COUNCIL
6
7
In re the Application for
Conditional Use Permit of
BRIEF IN SUPPORT OF
NOTICE OF APPEAL
CUP 00-03
1904 MELODY LANE
8
9
TIM GERMAN,
10
Applicant.
11
12 COMES NOW The Families and Independent Residents (FAIR) of
13. the Highland neighborhood, by and through their undersigned
14
attorneys the Law Firm of Platt Irwin Taylor and submit this
15
16
Brief in Support of its Appeal of the Port Angeles Planning
17
Commission's Decision to Approve Applicant's Conditional Use
18
Permit (With Conditions) .
19
I. BACKGROUND
20
The Appellant, FAIR, is a neighborhood group composed of
21
people who live in the Highland Communities Planned Residential
22
-"\~ '
Development, the neighborhood adjacent to Highland Communities
23
24
Planned Residential Development and other interested persons.
25
The applicant's proposed facility is a chemical dependency
26
BRIEF IN SUPPORT OF
NOTICE OF APPEAL - 1
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2 treatment center. On December 21, 1993 the City Council
3 approved of the Highland Court Planned Residential Development
4
(PRD). The PRD includes the area where the proposed facility is
5
located. The PRD was designed to be a senior citizen retirement
6
community consisting of single family dwelling units,
7
condominiums, multi-family cottage building units and a nursing
8
9
home facility. (See Attachments 1 and 2.)
The nursing home
10 facility was later permitted as an assisted living facility for
11 residents with Alzheimer's disease.
12 The applicant's Alzheimer's facility was not successful, and
13. the applicant has therefore requested a Conditional Use Permit
14
(CUP) to operate the facility as a chemical dependency treatment
15
center. The Planning Commission granted the applicant's CUP with
16
conditions.
FAIR objects to issuance of the CUP and appeals the
17
18
Planning Commission's decision.
19
II. ANALYSIS
20
A.
The applicant and the City Planning Department have
failed to comply with required procedures for
processing applicant's Conditional Use Permit (CUP).
21
22
Because Highland Communities was originally established as a
23
PRD, the applicant must utilize procedures set forth in the PRD
24
25
ordinance when applying for a Conditional Use Permit.
(See
26
BRIEF IN SUPPORT OF
NOTICE OF APPEAL - 2
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
Chapter 17.19 PAMC). PAMC 17.19.0S0(E) states:
3
Conditional Use Permits shall be required of all
projects which involve or contemplate conditional uses
which may be allowed in the underlying zone(s). No
further conditional use permits, except home
occupations, will be permitted within the Planned
Residential Development unless a formal amendment to
the PRD is approved. [Emphasis added]
4
5
6
7
PAMC 17.19.070 contemplates the Planning Commission making a
8
recommendation to the City Council and the City Council making a
9
10
decision on the Permit Application after a public hearing on the
11
matter. The public is entitled to have an open public hearing in
12 this case to speak directly to the City Council to explain why
13 the CUP application should be denied.
14
15
B.
The Planning Commission's findings and conclusions are
not supported by the evidence presented at the public
hearings.
16
17
The Planning Commission has acknowledged the pUblic's
18
concerns of increased crime, impacts on personal safety and
19
property, increased traffic, decreased property values, and the
20
overall incompatibility of the proposed property use and the
21
22
existing residences (see Finding No. 36). These concerns are
23
substantiated and supported by the Port Angeles Police Department
24 (see Findings Nos. 19, 20 and 21). To date, the Port Angeles
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 3
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
Police Department still has reservations about the proposed
3
facility even as conditioned by the Planning Commission.
(See
4 Attachments 3, 4 and 5.) The Planning Department staff and the
5 Planning Director, Brad Collins, as late as May 10, 2000, could
6
not recommend approval of the CUP even with conditions.
(See
7
Attachments 6 and 7) .
In fact, Brad Collins stated at the May 10
8
hearing that the proposed treatment facility would never have
9
10
been approved as a part of the original PRD.
11
Ultimately the Planning Department's decision to change its
12
recommendation from denying the permit to approving it with
13
conditions and the Planning Commission's approval of the permit
14
with conditions was based upon fear of litigation, not the
15
proper application of the Comprehensive Plan and Zoning Code (See
16
Attachment 8). In order to avoid defending a possible suit for
17
18
damages brought by applicant, the Planning Department, based on
19
advice from the City Attorney and the applicant's attorney,
20
developed proposed conditions to the CUP (see Finding No. 40).
21
In an effort to avoid litigation, the Planning Commission made
22 its land use decision in total disregard of the real issue: Is
23
the proposed facility compatible with the surrounding residential
24
neighborhood?
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 4
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles. Washington 98362
(360) 457-3327
2
Substantial evidence supports the conclusion that the
3
proposed facility is not compatible.
First, Highland Communities
4 was developed as a PRD for senior citizens. The PRD includes
5
covenants with age restrictions and residential status
6
requirements for those people living in Highland Communities.
7
(See Attachments 1 and 2). Residents in the Highland Communities
8
PRD purchased their property with the expectation that they would
9
10
reside in a neighborhood reserved for senior citizens.
Applicant
11
and the City are bound by the conditions of the PRD, including
12
the terms of the covenants restricting the use of the property.
13
Further, the zoning regulations in the Port Angeles Municipal
14
Code (i.e. Conditional Use Permits) cannot abrogate the rights of
15
Highland Communities residents under the covenants.
See PAMC
16
17.96.020.
17
18
Second, the public, through testimony and letters to the
19
planning staff, have raised several issues relating to decreased
20
property values and the incompatibility of the proposed facility
21 with the existing neighborhood. The safety and compatibility
22 issues have been substantiated by the Port Angeles Police
23
Department (See Attachments 3, 4 and 5.)
The public concerns are
24
not based upon unsubstantiated fears but on substantial and
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 5
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
objective evidence.
3
Third, the Planning Commission's characterization of the
4
proposed facility as a "residential care facility" that is
5
"subordinate to the surrounding residential district" and "may
6
serve the neighboring residents" is not accurate. The Washington
7
Supreme Court has characterized this type of facility as
8
9
"commercial, not residential in nature". See Sunderland Family
10
Treatment Services v. City of Pasco, 127 Wn.2d 782, 793, 903 P.2d
11
984 (1995). Further, the proposed facility does not fit within
12 the definition of a "residential care facility" under the Port
13 Angeles Municipal Code. See PAMC 17.08.090(E). The previously
14
permitted uses (a nursing home and assisted living facility)
15
served the senior citizens living in the surrounding
16
neighborhood. The facility as proposed by applicant is a
17
18
commercial activity that does not support the predominately
19
senior citizen population living in the neighborhood. Simply
20 put, it is totally incompatible with the surrounding
21 neighborhood.
22
23
c.
Denial of the CUP Application does not discriminate
against disabled individuals.
24
The applicant has evidently threatened litigation if it does
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 6
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
not get a CUP.
These threats are apparently based on the federal
3
Fair Housing Act (FHA), Fair Housing Act Amendments (FHAA),
4
Rehabilitation Act (RA) and the Americans with Disabilities Act
5 (ADA). While those laws do proscribe unfair discrimination,
6
denial of the CUP in this case is not unlawful. Thus, the
7
federal acts do not apply to the issue at hand.
8
The FHA and FHAA proscribe discrimination in the sale or
9
10
rental of a dwelling. The FHA does not apply to this CUP because
II
the proposed chemical dependency facility is not a "dwelling" as
12 defined in the FHA. The FHA defines a dwelling as an
13 individual's residence. For purposes of the FHA, a person's
14
residence is his or her permanent dwelling, the place to which he
15
or she intends to return, as distinguished from transient
16
17
accommodations. Hovsons, Inc. v. The Township of Brick, 89 F.3rd
18
1096, (3rd Cir. 1996). The proposed chemical dependency facility
19 would accommodate a transient clientele, not permanent residents.
20 The FHA applies only to discrimination regarding dwellings. The
21 chemical dependency facility is not a dwelling. The FHA cannot
22
apply to the decision to deny the CUP.
23
The RA and ADA prohibit discrimination against disabled
24
persons. Those prohibitions apply to zoning decisions, but only
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 7
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
if zoning is used to discriminate against the disabled. The RA
3 and ADA do not protect persons currently using illegal drugs.
4 Opposition to the applicant's CUP is not based on unfair
5
discrimination against the disabled. Rather, it is based on the
6
rational application of existing City ordinances.
Discrimination
7
laws are not meant to be engines for the destruction of zoning.
8
9
Hemisphere Building Co., Inc. v. Village of Richton Park, 171
10
F.3rd 437, (7th cir. 1999).
Denial of the CUP in this case does
11
not constitute unlawful discrimination, because the proposed use
12
would establish a transient commercial use entirely incompatible
13
with the surrounding neighborhood.
14
The CUP amounts to a rezone within the PRD. That opens the
15
way for further rezoning until the PRD is completely eroded.
16
Adherence to proper zoning laws is not discrimination under
17
18
federal law. The City cannot reasonably fear a discrimination
19 action based upon the rational application of its valid
20 ordinances. The City must be concerned with the procedural
21 violations of its Municipal Code, rather than threats of
22
violations which do not exist.
23
24
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 8
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
2
III. CONCLUSION
3
In light of the original purpose of the PRD, the public
4
comments and research performed by the police department, and the
5
legal characterization of the proposed facility as a commercial
6
use, the Planning commission's decision was clearly made in
7
error. That decision can be likened to fitting a size 13 foot
8
into a size 6 shoe. FAIR requests that the city Council hear the
9
10
matter in an open public hearing, and further requests that the
11
City Council deny the applicant's CUP.
Respectfully submitted this ;LJ
day of July, 2000.
12
13
The Law Firm of
Platt Irwin Taylor
~""C tJ U~-;-
David H. Neupert, . SBA #16823
Attorney for Families and
Independent Residents (FAIR)
14
15
16
17
18
19
20
21
22
23
24
25
BRIEF IN SUPPORT OF
26 NOTICE OF APPEAL - 9
The Law Finn of
Platt Irwin Taylor
403 South Peabody
Port Angeles, Washington 98362
(360) 457-3327
MEMORANDUM
April 8, 1992
TO:
Planning commission
FROM:
Planning Department
Highland Communities Planned Residential Development
SUBJ:
This public hearing is continued from March 11, 1992. Since that
meeting the applicant has: Made additional submittals in response
to direction given by the Planning Commission; the plan has been
refined and modified; an application for a wetands permit has been
submitted; and the Final SEIS has been issued.
proiect Chanqes
There have been several minor changes and or clarifications to the
plan since the last meeting. The two more significant changes
involve the condominium building and the congregate care building.
The footprint of the condominium has increased in size from 12,675
s.f. to 23,000 s.f.. The location and general configuration have
not changed significantly. There will be changes to the
architectural design of the building, but the applicant h,as stated
that many features of the original design will still be
incorporated. They include stepping the building up from the ends
to the center, maintaining the "V" configuration, including
exterior decks and sloping the roofs. The applicant believes these
features will contribute to minimizing the buildings mass.
The congregate care building configuration has been altered
circular building with an interior courtyard to a
configuration. The footprint has been reduced from 39,225
34, 870 .s. f. There have been no architectural elevations or
studies submitted for the revised design.
from a
linear
s.f. to
massing
Planninq commission Responses
At the conclusion of the previous meeting, the Planning Commission
listed several project elements they would like the applicant to
further address. These elements are discussed below.
1. Landsoaping. The applicant has responded in a memorandum
ItTTACHMENT U1 I
dated March 26, 1992. They stated that it is not the
appropriate time to prepare a landscape plan and provided
criteria to guide the landscape plan once it is prepared. The
plan will avoid blocking views of existing developments with
plants; use plants as privacy screens between the existing
houses and the project; create focal points with ornamental
planting; use appropriate materials for the climate;
incorporate park benches in landscape settings; preserve or
relocate existing trees where possible; maintain a native
species, park-like setting on the west and southwest portion
of the site; and incorporate wetland vegetation along the
south and north end detention ponds. In addition, six areas
on the site plan have been identified as community maintained
flower gardens.
2. Building Heights. No additional clarification has been
provided on building heights. The final height of the
condominium building has not been determined. The congregate
care building was originally presented as a three story
building with a pitched roof. The height of the revised
building has not been presented.
3. specific Recreation Plan. Recreation facilities the applicant
has identified includes a walking path around the perimeter of
the southern half of the site, a path between the two cul-de-
sacs and the rest of the site, a park area and foot bridge
over a wetland at the southwest corner, and paths on the
interior of the south half of the site. six community
maintained flower gardens are shown along the paths. The
condominium building will include 2,000 square feet of
recreation space, the congregate care building contains 2,400
square feet. The applicant has not demonstrated that 50% of
the required common open space will be used for recreation.
4. On-street parking Availability. Most of the streets cannot
accommodate parking. with 34 feet of paving, Highland Drive
provides the location best suited for on-street parking. To
minimize congestions problems, all streets should be clearly
marked as no parking. The applicant believes that there is
sufficient off-street parking available. The patio homes
provide twice the number of spaces required. For the
condominiums 1.5 spaces per unit are proposed, the parking
ordinance requires 2 spaces per unit. The applicant bases
this lower standard on a survey they conducted of potential
residents. They found that the target purchasers would own an
average of 1.06 cars per household. The congregate care
building is proposed to provide an excess of 12 parking spaces
over code requirements, and the cottage buildings provide two
spaces per unit.
5. utilities Phasing. A phasing plan is included in the packet.
The phasing of the utilities is proposed to coincide with the
phasing of the development. Facilities such as roads, sewer,
2
water, stormdrain, electrical and telephone will be installed
to serve the needs of the phase being developed, beginning at
the north end of the site and heading south. The phasing plan
has been forwarded to the Public Works and Fire Department for
review. Any issues they may identify will be presented at the
meeting.
6. Fencing. The applicant has indicated that they do not intend
to install any fencing and that the Covenants, Conditions and
Restrictions (CC&R's) will prohibit homeowners from installing
fences, except for dog runs at the patio homes.
7. storage of Boats and R.V.'s. The applicant has conducted a
market study and found that the target population would need
to provide parking for 1.39 vehicles per household. Subtract
the 1.06 cars which leaves one R.V., boat or camper for every
three households. The applicant proposes a CC&R provision
which prohibits storage of R.V.'s and boats outside of any
structure on the property. It does not prohibit parking them
in garages.
8. View Analysis. The applicant has indicated an intent to
present the results of their view analysis at the meeting.
9. Guaranteed Senior Population. The Fair Housing Act allows for
housing developments be restricted to Senior citizens. The
applicant has agreed to include age restrictions in the CC&R's
and that said restrictions will be in compliance with the Act.
10. Common Usable Open Space. The applicant has submitted a plan
which identifies the common usable open space areas. Although
30.8% of the site is shown to be in common usable open space,
the individual areas delineated are much larger than 1,000
square feet and are irregularly shaped. Thus it is difficult
to determine if the common usable space meets both standards
as contained in the zoning ordinance: To contain at least
1,000 square feet and of a regular shape.
11. Open Space Phasing. The applicant proposes to install the
perimeter path system around the south half of the site, and
a foot bridge and path to the top of the knoll at the
southwest corner of the site with the first phase. The first
phase and each subsequent phase will include areas identified
as temporary open space which will be graded and seeded,
presumably with lawn. The temporary open space is necessary
for each phase to meet the 30% minimum open space. The plan
does not show if the open space meets the def ini tion for
common usable open space or if - 50% is for recreational
purposes.
Wetland Permit
A wetland permit application has been submitted and is being
3
reviewed by the Planning Department. The permit may require
modifications to the site plan. All information available on the
wetland permit will be presented at the meeting.
SEPA Review
The Final Supplemental Environmental Impact Statement (SEIS) has
been recently completed and should be available for review at the
Planning Department by April 6th. Included in the packet is a nine
page point-by-point response prepared by the applicant. Many of
the mitigation measures have already been incorporated in the
revised site design. We have included in the recommended
condi tions of approval those mitigation measures that have not
already been incorporated into the site design. Mitigation
measures already addressed in the site plan or elsewhere have not
been duplicated in the recommended conditions of approval.
PLANNING DEPARTMENT RECOMMENDATION:
The Planning Department recommends the Planning Commission forward
a favorable recommendation of approval to the City Council subject
to following conditions, and citing the finding and conclusions:
Conditions:
1. The Final PRD shall be substantially in accord with the
following documents, except as may be modified by any
conditions stated in this approval:
a) The two sheet site plan of record titled
"Preliminary Plat of Highland Communities, Port
Angeles, WA" which is dated received March 2 7 ,
1992.
b) The nine page document titled "Highland Communities
Mitigation Measures, 3/20/92" which is dated
received March 30, 1992.
c) The general building massing and heights shall not
exceed that level depicted in the "preliminary
Elevation and Perspective Drawings" as contained in
Section 4 of tpe original application packet.
d) Proposed phasing plan, consisting of ten pages
(five sheets) dated received March 30, 1992.
2. At the time of Final PRD approval, submit a plan which clearly
'demonstrates that 30% of the site is in common usable' open
space which requires 1,000 square foot areas be regularly
shaped.
3. At the time of Final PRD approval, submit a recreation plan
for approval which shows all recreation areas and lists all
4
proposed activities. Demonstrate that one half
required usable open space is devoted to recreation
phases and the final project as well. The plan shall
floor plans for interior recreation areas.
of the
for all
include
4. No fences, other than dog runs, shall be installed unless
first approved through Final PRD approval or PRD modification
process as contained in Chapter 17.70 of the zoning ordinance.
5. The CC&R's shall include age limits on the residential
population which are sufficient to guarantee that the project
will house the senior population for which it is being
designed. These restrictions shall be in compliance with the
Fair Housing Act.
6. All required road, water, sewer and storm drain improvements
shall be either installed or bonded for prior to approval of
the Final Plat. No occupancy shall be allowed for any unit
until all roads, water, sewer and storm drain improvements
serving that unit are installed.
7. Melody Lane shall be fully improved with paving, curb, gutter
and sidewalk between the site and Golf Course Road. A turning
knuckle shall be provided at the entrance into the project.
8. Lauridsen Boulevard improvements shall be extended west to the
entrance of the site, and shall include a turning knuckle at
the entrance to the project.
9. The applicant shall determine if additional sewer capacity is
needed down stream. If so, the applicant shall either
increase the capacity of the existing sewer line or install a
parallel line.
10. A looped water system shall be installed as proposed.
11. Submit sign details. Signs shall be in conformance with the
RMF zone district unless a Conditional Use Permit is applied
for and approved by the Planning commission.
12. All power lines into the site shall be placed underground.
13. Street lights are recommended by City Light. Because they are
on private streets, street lights must be installed and
maintained by the property owners.
14. The portions of lots A15, A25 and A26 and the northwestern
open space lot that are within the 50 foot buffer zone shall
be identified as conservation areas not to be disturbed.
Conservation easements shall be shown on the Final Plat and
recorded with the individual deeds for those lots.
15. Obtain a wetlands permit and comply with all requirements of
5
,
said permit prior to Final PRD approval.
16. Submit a drainage plan and sediment and erosion control plan
to Public Works for approval at the time application is made
for Final PRD approval. Drainage improvements shall include
channeling stormwater down to the bottom of White's Creek
ravine in a pipe, which requires obtaining easements from the
owner of the ravine.
17. Access will be required around one side of the condominium as
specified in the Uniform Fire Code 10.207(b). Grasscrete is
acceptable or a service road with a width of 16 feet.
18. For the patio homes subdivision, cuI de sacs shall be 100 feet
in diameter and fire hydrants shall be spaced 500 feet on
center with locations approved by the Fire Department. If
residential homes are provided with a NFPA 13D sprinkler
system, cuI de sacs can be 80 feet in diameter and fire
hydrants can be spaced 1000 feet on center.
19. The condominiums, cottages and congregate care shall comply
with the 1988 Uniform Fire Code and local ordinances of the
Ci ty of Port Angeles. Such requirements will include
sprinklering of the building and installation of a fire alarm
system.
20.
Fire hydrants capable of delivering 1500 gallon per minute
in conformance with the Uniform Fire Code are required.
Fire Department proposes three fire hydrants serve
cottages and congregate care.
and
The
the
21. A 20-foot wide emergency access road shall be provided and
maintained around the congregate care facility.
22. The CC&R's shall contain provisions which prohibit on-street
parking. The streets shall be clearly marked as no parking
zones.
Findings:
1. The proposal is to construct a retirement community consisting
of 26 detached single family dwelling units, a 40 unit
condominium building, five four-unit cottage buildings and a
120 unit congregate care/nursing home facility.
2.
The review
Development
congregate
subdivision
includes Preliminary
approval, a Conditional
care/nursing home and a
of the property.
Planned Residential
Use Permit for the
'Preliminary Plat for
3. The property is zoned RMF which would allows a total density
of approximately 43 dwelling units per acre.
6
4. The overall project density is about 18.1 dwelling units per
acre. Under the PRD ordinance, the site could be developed to
a maximum of 28.3 d.u. per acre.
5. The proposal has been reviewed with respect to the City's
zoning and subdivision ordinances and the Comprehensive Plan.
6. A Supplemental Environmental Impact Statement (SEIS) has been
prepared and given consideration in reviewing the project. The
SEIS supplemented the Draft and Final EIS that was prepared
for the Uplands apartment project in 1979. The Final SEIS was
issued on April 6.
7. The City has conducted duly notice public hearings as required
by Chapter 17.70 of the Port Angeles Zoning Ordinance.
8. The application includes a request for varying from the
development standards of the underlying RMF district. These
standards have been reviewed in the staff report prepared for
the March 11, 1992 meeting.
Conclusions:
A. As conditioned, the proposed development will comply with the
policies of the Comprehensive Plan and further the attainment
of the objectives and goals of the Comprehensive Plan,
including Goals 1-5i Residential policies Nos. 2-9, 11-13 and
15-19i Circulation Policies Nos. 2, 4, 5,7, 10, 13 and 18i
Parks and Recreation Policies Nos. 1-5i Urban Design Policies
Nos. 2 and 4i Social Policy No. 4i Open Space Policy Nos. 3
and 4i Social Objectiyes Nos. 1-3i Circulation Objective No.
1i Economic Objectives Nos. 1 and 2i and Land Use Objectives
Nos. 1-7.
B. As conditioned, the proposed development will, through the
improved utilization of open space, natural topography,
transitional housing densities and integrated circulation
systems, create a residential environment of higher quality
than normally achieved by traditional development of a
subdivision.
C. As conditioned, the proposed development will be compatible
with adjacent existing and future developments.
D. As conditioned, all necessary municipal utilities, services,
and facilities, existing and proposed, are adequate to serve
the proposed development.
E. As conditioned, the internal streets serving the proposed
development are adequate for the anticipated traffic levels
and the street system of the proposed development is
functionally connected by an improved collector street to at
least one improved arterial street.
7
F. As conditioned, each phase shall meet the requirements of a
complete development.
G. The proposal is consistent with the requirements of the city's
subdivision ordinance for approval of a preliminary plat.
This action constitutes a recommendation to the City council which
has final authority.
staff Contact: John Jimerson
8
ORDINANCE NO. 2785
AN ORDINANCE of the City of Port Angeles
approving a final Planned Residential
Development and plat located between
Lauridsen Boulevard and Melody Lane
west of Golf Course Road.
WHEREAS, the Planning commission of the City of Port
Angeles has held a public hearing and recorded its recommendation
to the City Council in the Planning Commission minutes of October
13, November 10, and December 15, 1993; and
WHEREAS, the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW) have been met; and
WHEREAS, the City Council, after a public hearing,
finds that said Planned Residential Development is consistent
with the Planned Residential Development as conditionally
approved by the City Council on May 19, 1992; and meets the
requirements of Chapter 17.70 of the Port Angeles Municipal Code;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES as follows:
Section 1.
The Official Zoning Map (Ordinance No.
2767) is hereby amended to identify the property described as
follows as a Planned Residential Development (PRD):
Lot 1 of German Short Plat No. SHP 92(09)14, recorded
on December 11, 1992, in volume 24 of Short Plats, Page
68, under Auditor's File No. 679041, being a portion of
Government Lot 1 in Section 14, Township 30 North,
Range 6 W.W.M., Clallam County, Washington.
Section
2.
Final approval of the PRD, which is
attached to this Ordinance as Exhibit "A" and is incorporated
herein by this reference, is granted, subject to conditions and
findings set forth in Exhibit "A" and "B".
Section 3. The City Clerk is hereby directed to attach
a copy of this Ordinance to the Official Zoning Map and to file
a certified copy of this Ordinance with the Clallam County
Auditor.
II ATTACHMENT #2 I
Section 4.
This Ordinance shall be effective only
upon the satisfaction of the terms and conditions of this
Ordinance, and the City Clerk is hereby directed to file, record,
and publish this Ordinance upon that satisfaction.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 21st
day of
December
, 1993.
(
/
ATTEST:
~~; ~~Q', jijrrl~~k
APPROVED AS TO FORM:
PUBLISHED: March 30. 1994
By Summary
-2-
EXHffiIT "A"
Conditions, Findings and Conclusions
Conditions:
1. The applicant shall comply with the conditions of preliminary approval dated May 19,
1992, which are attached as Exhibit "B". In addition to complying with the documents
of record identified in Exhibit "B", the following preliminary conditions have been
identified as needing specific attention for completion of tliese approved phases:
1. e) Submit a final landscape plan consistent with the criteria set forth in the
memorandum dated March 26, 1992, and titled "Landscape Criteria."
4) No fences, other than dog runs, shall be installed unless first approved through
Final PRD approval or PRD modification process as contained in Chapter 17.70 of the
Zoning Ordinance.
5 and 22) Submit copy of the fmal recorded CC&R I s to the Planning Department
prior to occupancy of the first dwelling unit. The CC&R' s shall include the required
provisions that prohibits on-street parking and age restrictions.
26) Buffer zones as required through the Environmentally Sensitive Areas Protection
Ordinance shall not be disturbed. The westerly limits of the proposed grading shall be
clearly flagged and reviewed by Public Works prior to the start of work and shall be
monitored by Public Works through the development of Lots A14, AI5, AI6, AI7, A25
and A26.
2. Final inspection and occupancy of any residential structures shall not be permitted until
the following requirements are met:
a. Improvements for the wetland buffer enhancement plan are completed;
b. Fencing, sign and mailbox improvements shall be made in accordance with this
approval;
c. The trail, park area, and hydro-seeded landscaping shall be completed.
3. Occupancy of any house shall not be granted until the landscaping on the lot on which
it is located is installed in accordance with the landscape plan.
4. Prior to installing fencing and mailboxes, the applicant shall locate them on a plan and
show utilities in relationship to the fence and boxes so as not to damage the utilities. The
plan shall be submitted to the City Engineer for review and approval.
5. A right-of-way use permit is required for installing a fence in the Lauridsen Boulevard
right-of-way. A gate shall be provided at the end of the turning knuckle to allow passage
of maintenance vehicles.
6. The entry sign shall not be placed in the public right-of-way.
7. The mailbox cluster shall be placed in a location mutually acceptable to the post office
and City Engineer.
Findings:
1. The approval is for Final PRD and Plat for Phases 1 & 2 of the Highland Communities
development. These phases consist of 26 single family lots with a recreational path, park
area and a temporary grass open space.
2. Preliminary PRD and Plat approval was granted on May 19, 1992.
3. The property is zoned Residential High Density (RHO).
4. At the time of preliminary approval, the proposal was reviewed with respect to the
Zoning and Subdivision Ordinances and the Comprehensive Plan.
5. The proposal has been reviewed with respect to conformance to the approved preliminary
plat and conditions of approval.
6. The utilities, drainage and roadway improvements have been provided.
7. Chapter 17.70 PAMe states that the exterior setbacks shall not be modified.
8. The preliminary and fmal PRD plans have buildings as close as 15 feet to the exterior
property line.
9. All lots along the east and west exterior property lines of the PRD have rear yards.
10. A side yard setback line along the east and west PRD property lines and 26 single family
building footprints were located on the approved preliminary PRO plan.
11. No side yard setback lines along the east and west PRD property lines are shown on the
Final PRD plan, but 26 single family building footprints are located on the Final PRD
plan.
12. The footprints of the homes on the fmal plat are larger than those shown on the
preliminary plat but are generally the same distance from exterior PRD property lines.
13. Steve Luxton of Northwest Territories Inc. submitted a geotechnical engineering analysis
for development within the buffer areas of the environmentally sensitive area.
14. Based on analysis and recommendations prepared by the Northwest Territories Inc.,
consulting engineers, a geologic hazard setback line was placed on the final plat for
protection of the environmentally sensitive areas and the PRD development.
15. Pursuant to the Environmentally Sensitive Areas Protection Ordinance, the Planning
Director has granted an administrative reduction of buffer from the top of the ravine and
the top of the environmentally sensitive area (bench) on the west boundary of the site.
16. Portions of the required ravine and bench buffer area have been disturbed. Vegetation
has been cleared, and a storm water retention basin has been constructed.
Conclusions:
A. As conditioned, the proposal is consistent with the Port Angeles Comprehensive Plan,
Subdivision Ordinance and Zoning Ordinance.
B. The zoning code can be interpreted to provide for either a seven foot setback along the
exterior sides of the entire PRD or a 7 foot setback along the sides of individual PRD lots
which are exterior boundaries of the PRD.
C. As conditioned, the proposal is in compliance with the approved preliminary plat and
PRD.
D. Appropriate provisions have been made for the public health, safety, and general welfare
and for such open spaces, drainageways; streets or roads, alleys, other public ways,
transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,
schools and school grounds, sidewalks and safe walking conditions for students who walk
to and from school.
E. The public interest is served in the platting of this PRD. The subdivision implements the
desired land use pattern for this area as articulated in the Comprehensive Plan and Zoning
Ordinance. The subdivision also provides for development of new homes within the City
of Port Angeles Urban Growth Area, consistent with the Growth Management Act.
F. . The building footprints cannot be relocated closer to lot lines without City approval, and
these locations are based on a site specific development plan and do not set a precedent
for other PRD plans.
G. The development is in compliance with the Environmentally Sensitive Areas Protection
Ordinance for the ravine and geologic hazard area.
.
Exhibit "B"
The following is an excerpt from the May 19. 1992 minutes of the City Council meeting:
Councilman Nicholson moved to accept the rec:ommendation of the Planning Commission and approve the
preliminary Planned Residential Development for Highland Communities. subject to the following conditions
and citing the following findings and conclusions: Conditions: (1) The Final PRD shall be substantially in accord
WIth the following docUD1CDts. except as may be modified by any conditions stated lD this approval: a) The two
sheet site plan of record titled -Preliminary Plat of Highland Communities. Port Angeles. W A" which is dated
received March 27. 1992: b) The nine page document titled "Highland Communities Mitigauon Measures. 3120/92"
which is dated received March 30. 1992: c) The general building massing and heights shall not exceed that level
depicted in the -Preliminary Elevation and Perspective Drawings" as contained in Section 4 of the original
application packet; d) Proposed phasing plan. consisting of ten pages (five sheets) dated received March 30. 1992;
e) The finallllDd~ plan shall be consisteDt with the criteria set forth in the memorandum dated March 26. 1992
and titled -Landscape Criteria- as prepared by the applicant: (2) The Final Plat may be approved in phases provided
that nothing in this approval shall be construed as waiving the three year time limitation of the preliminary plat as
contained in RCW 58.17.140; (3) At the time of Final PRD approval. submit a recreation plan for approval which
shows all recreation areas and lists all proposed activities. Demonstrate that 50% of the required common usable
open space meets the minimum requirements for recreation area: (4) No fences. other than dog runs. shall be
installed unless first approved through Final PRD approval or PRD. modification process as contained in Chapter
17.70 of the zoning ordinance; (5) The Conditions. Covenants and Restnctions (CC&Rs) shall include age limits
on the residential population which are sufficient to guarantee that the project will house the senior population for
which it is being designed. These restrictions shall be in compliance with the Fair Housing Act: (6) All required
road. water. sewer and storm drain improvements for each phase shall be either installed or bonded for prior to
approval of the Final Plat for that phase. No occupancy shall be allowed for any unit until all roads. water. sewer
and storm drain ilnprovements serving that unit arc installed. Phasing of these improvements shallbe done in
aCcordance with the phasing plan that wasprepired by the applicant. dated received March 30. 1992. except as may
be modified by requirements of the Public Works Department which arc outlined in a memorandum dated April 7.
1992: (7) Melody Lane shall be fully improved with paving. curb. gutter and sidewalk between the site and Golf
Course Road. A turning knuckle shall be provided at the entrance into the project; (8) Lauridsen Boulevard
improvements shall be extended west to the entrance of the site and shall include a turning knuckle at the entrance
to the project; (9) The applicant shall determine if additiooal sewer capacity is needed down stream. If so. the
apphcant shall either increase the capacity of the existing sewer line or install a parallel line; (10) A . looped water
system shall be installed as proposed; ( 11) Submit sign details. Signs shall be in conformance with the RMF zone
distnct unless a Conditional Use Permitis applied for and approved by the Planning Commission; (12) All power
hnes into the site shall be placed underground; (13) Street hghts are recommended by City Light. Because they are
00 pnvate streets. street lights must be installed and maintained by the property owners; (14) The portions of lots
A15. A25 and A16 and the northwestern open space lot that arc within the 50 foot buffer zone shall be identified
as conservation areas not to be disturbed. Conservation easements shall be shown on the Final Plat and recorded
with the lDdividual deeds for those lots; (15) Obtain a wetlands permit and comply with all requirements of said
pemnt pnor to Final PRO approval; (16) Submit a drainage plan and sediment and erosion control plan to Public
Worlcs for approval at the time application is made for Final PRD approval. Dramage improvements shall include
channeling stormwater down to the bottom of White's Creek ravine in a pipe. which reqwres obtaining easements
from the owner of the ravine; (17) Access will be required around one side of the condominium as specified in the
Uniform Fire Code 10.207(b). Grasscrete is acceptable or a service road with a width of 16 feet: (18) For the patio
homes subdivision. cui de sacs shall be 100 feet in diameter and fire hydrants shall be spaced 500 feet on center
with locations approved by the Fire Depanment. If residential homes are provided with a NFPA 13D sprinkler
system. cui de sacs can be 80 feet in diameter and fire hydrants can be spaced 1000 feet on center; (19) The
condoIDJ.oiums. cottages and congregate care shall comply with the 1988 Uniform Fire Code and local ordinances
of the City of Pon Angeles. Such requirements will include sprinklering of the building and installation of a fire
alarm system; (20) Fire hydrants capable of delivering 1500 gallon per mmute and in conformance with the Uniform
Fire Code are required. The Fire Depanment proposes three fire hydrants serve the cottages and congregate care;
(21) A 20-foot wide emergency access road shall be provided and maintained around the congregate care facility;
(22) The CC&Rs shall contain provisions which prohibit on-street parking. The streets shall be clearly marked as
no parking zones: (23) Comply WIth the requirements of the Uniform Fire Code: (24) Procedures for reimbursement
for water system improvements shall be implemented: (25) The maximum height of the condominium shall be 74
feet. The maximum height of the congregate care building shall be 47 feet: (26) Buffer zooes as required through
the environmentally sensitive areas proteCtion ordinance shall not be disturbed; Findings: (1) The proposal is to
construct a retirement community consisting of 26 detached single family dwelling units. a 40 unit condominium
building. five four-unit cottage buildings and a 120 unit congregate care/nunoing home facility: (2). The revIew
includes Preliminary Planned Residential Development approval. a Conditional Use Pemut for the congregate
care/nur5mg home and a Preliminary Plat for subdivision of the property; (3) The property is zoned RMF which
would allow a total density of approxima1ely 43 dwelling units per acre; (4) The overall project density is about 18. 1
dwelling units per acre. Under the PRO ordinance. the site could be developed to a ID8xirnlltJ) of 28.2 d.u. per acre;
(5) The proposal has"been reviewed with respect to the City's zoning and subdivision ordinances and the
Comprehensive Plan: (6) A Supplemental Environmental Impact St.atcmr::ot (SEIS) has been prepared and given
consideration in reviewing the project. The SEIS supplemr::oted the Draft and Final EIS that was prepared for the
Uplands apanmeut project in 1979. The Final SEIS was i55UCd on April 6. 1992; (7) The City has conducted duly
notice public hearings as required by Chapter 17.70 of the Port Angeles Zoning Ordinance; (8) The application
includes a request for varying from the development standards of the underlying RMF district. These standards have
been reviewed in the staff report prepared for the March 11. 1992. ~g; Conclusions: (A) As conditioned. the
proposed development wilJ comply with the policies of the Comprehensive Plan and further the .ttllinment of the
objectives and goals of the Comprehensive Plan. including Goals 1-5; Residential Policies Nos. 2-9. 11-13 and 15-
19; Circulation Policies Nos. 2. 4. 5.7. 10. 13 and 18; Parks and Recreation Policies Nos. 1-5; Urban Design
Policies Nos. 2 and 4; Social Policy No.4; Open Space Policy Nos. 3 and 4; Social Objectives Nos. 1-3;tCirculation Objective No.1; Economic Objectives Nos. 1 and 2; and Land Use Objectives Nos. 1-7; (B) As
conditioned. the proposed development will. through the improved utilization of open space. natural topography.
transitional housing densities and integrated circulation systems. create a residential environment of higher quality
than normally achieved by traditional development of a subdivision; (C) As conditioned. the proposed development
will be compatible with adjacent existing and future developments: (D) As conditioned. all necessary municipal
utilities. services. and facilities. existing and proposed. are adcquale to serve the proposed development; (E) As
conditioned. the internal streets serving the proposed development are adequate for the anticipated traffic levels and
the street system of the proposed development is functionally connected by an improved collector street to at least
one improved anerial street; (F) As conditioned. each phase shall meet the requirements of a complete development;
(G) The proposal is consistent with the requirements of the City's subdivision ordinance for approval of a
preliminary plat. Councilman Braun seconded the motion, which carried unanimousJy.
,0
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Date:
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Subject:
-
FORT,ANGELBS
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WAS H I N G TON, U. s. A.
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POV,T A.NGELES
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POL ICE D E PART MEN T
April 5, 2000
Planning Department
Steve llk, Chief of Police
Tom Rie~~eputy Chief
Conditional Use Permit - CUP 00-03
Highland Courte - 1702 Melody Circle
This memo is written in response to your request to the police department for comments regarding a
proposal to allow the establishment of a 50-bed "inpatient chemical dependency center" in a
Residential High Density Zone (1702 Melody Circle).
From the information you provided, it is the police department's understanding that the proposal is
for a private, for profit, inpatient chemical dependency treatment clinic. Assumably the patients of
the facility would also be treated for co-occurring disorders such as mental illness. From our
memory, the police department's only contemporary experience with a facility somewhat similar to
the described proposal is as follows:
"The Lodge," an inpatient treatment facility at the old "Priest" house located on Olympus
Avenue. Our records indicate that this facility, located in a residential area on a very large
and semi-secluded lot, operated for a few years during the late eighties and early nineties.
Mostpolice records related to this facility have been purged, but there are recollections of
two incidents where officers responded to complaints of an angry patient committing a
minor assault and malicious mischief inside the facility. Overall, as far as the police
department is concerned, the facility operated in relative obscurity. The number of beds is
unknown.
'-
.
. "The Oak Street House," a five-bed inpatient treatment facility for teenagers at 12th and
Oak Streets was operated by Peninsula Community Mental Health for approximately two
years during the mid-nineties. The teenagers living at this facility were mostly court
ordered to live at the facility and had co-occurring mental health, lifestyle and chemical
dependency issues. The police department responded many times to this residence during
the time it was in operation.
. "The Second Street House," a" 19-bed facility for adults, mostly with mental health issues
and occasional co-occurring substance abuse issues, has been in operation on the comer of
Second and Oak Streets since 1983. The facility is managed by Peninsula Community
Health. The police department occasionally responds to the facility. The complaints have
related to a wide variety of issues involving the residents.
Ii ATTACHMENT #3 I
e
e
In order to obtain a better grasp of the possible public safety issues regarding the CUP application, I
contacted police chiefs or police administrators I was familiar with, in cities of similar size to Port
Angeles. The results of my contacts are as follows:
. Aberdeen - According to Chief Bob Maxfield, one "chemical dependency inpatient
treatment facility" is located in Aberdeen. It (East Center Recovery) is located on the 5th
floor of the old Gray's Harbor Community Hospital. The old hospital building is bordered
by a city park on one side and residential areas on three sides. The county 911 dispatch
center and various medical services are also located in the building. Chief Maxfield said he
was not aware of any secondary public safety impacts or issues related to the location or
existence of the treatment facility.
. Mount Lake Terrace - After I described the proposal to Chief Scott Smith, he told me the
following: He had a two inch thick file on problems related to an inpatient treatment
facility, located in a residential area, in Mount Lake Terrace. Chief Smith said the facility
had been a major drain on public safety resources and had caused continued anxiety and
stress for many of the neighbors until it finally closed. Chief Smith will send us some of the
information and newspaper articles that have been written about the facility and problems
associated with it. Chief Smith said there were many secondary public safety impacts to the
J:'esidential neighborhood as a result of the inpatient treatment facility.
. Kelso - Chief Steve G. Scibelli of the Kelso Police Department related the following: A
number of years ago, a private chemical dependency inpatient treatment center moved into a
residential neighborhood in Kelso. Chief Scibelli recalled that it had approximately 25 beds.
According to Chief Scibelli, due to the problems associated with, and after litigation and
threats of litigation between the City, residents, and owners of the facility, the facility finally
moved out of the residential area. Chief Scibelli said the existence of the facility in a
residential neighborhood and the occasional ''walking away" of court ordered and other
patients caused "major problems" for the police department and city.
Conclusion: Based on the information contained herein, and the general experiences of the cited
law enforcement agencies, the police department has considerable reservations
regarding the operation of a 50 bed inpatient chemical dependence treatment facility
in a residential neighborhood.
102-00-428
2
:0
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CITY OF
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Date:
To:
From:
Subject:
e
FORTANGELES
e ill rn@m D -Wi'~'..'i'-:,
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! APR I 0 2000' 1 U : .
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PORT ANGELES j j
_.PLANN!NG DEPARTMENT I
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WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
April 10, 2000
Dave Sawyer, Senior Planner
;II:..
Tom Riepe, Deputy Chief
Conditional Use Permit - CUP 00-03
Highland Courte - 1702 Melody Circle
Please fmd attached material that was faxed to us from Chief Scott Smith of the Mount Lake
Terrace Police Department. The attachments include the following: #1) a memo from Pam
Wilkinson; #2) 20 criteria standards from a June 9, 1986 Mount Lake Terrace Planning
Commission meeting; #3) a letter to the editor by Ms. Carolyn M. Black; #4) a newspaper article
dated August 5, 1998; and #5) three pages of police calls for service from April 1997 through July
1998. '
According to Chief Smith, the center in Mount Lake Terrace started out as a Head Trauma Center
and later evolved into an inpatient "substance abuse treatment center." You will note that the
newspaper article headline is in reference to a "Head Trauma Center" but the article does indicate,
to me anyway, that the center was also treating persons for chemical dependency.
During my discussion with Chief Smith he clearly expressed to me that the problems the city, the
neighbors and his department had experienced with the center were definitely related to the
inpatient treatment of chemically dependent persons.
102-00-430
Attachments (5):
;
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H~~-07-2000 09:26
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425 776 5788 P.01/09
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- - - --
4I'OUNTLRKE TERRRCE POLICE
MOUNTLAKE
TERRACE
Date:
Time:
To:
Agency:
FAX Number:
Number of Pages:
From:
Comments:
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and :espect, provide
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~ Avtq ~s
---.{3!oO ) ~ ., - ~ '1 0 1
q . (jndua1ng cover sheet)
~
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CollfidClla.lity Notice The dDcumcllts alXQlDPmyiDg cbi5 f~ a:ansminioc con~ iafOmlation belonging to the City ofMoundake
'Te=a. "Ibis mfoa:nacion t:nay be coafidmlial uuJl or legally priv:i1cgeci 1O.d is icWlded fot the use of the iDdividual ot e.ntiIy named on this
~ sheet. If you ue aot the intended u:cipieos.)'CU UI: hereby tl.oU5eci tbu di.5d<)SU(~ copying. distribution ot the use of the contents
or dUs umsmitul infoaJUtiDn is strietly ps:otubitcd. If you ~ve ~d this f2dimile U1 eao%' plcue notify us imz=diatc1y by phooe :It
(425) 670.8260. If mete 1D: :my pEOb\anl with this tnnSmissioo. COQuet me imInedntcly.
~
APR-07-2000 09:26
MOUNTLAKE TERRACE POLICE
e
425 776 5788 P.02/09
fllit'tlY!t()1 r I · /
PAM WILKINSON
To:
Cc:
Subject:
Connie Fessler; John..Turner; RON DeMARS; STEVE FOSTER; STEVE SHERMAN
MARV SEABAANDS
Mediplex: 20 Criteria
We have noW found the -20 Ballinger 8ementary School PropertY Reuse Criteria- t will put a copy in your
boxes.
On cursory review, almost all relate to -bulk regulations- such as parking, driveway locations, landscaping,
water quality, ... . Re: compatibility, one criterion rea.ds:
. Adequate precautions shall be taken to assure that the Quiet residential character of the adjacent
neighborhood will be protected..
These 20 crietria were recommended by the Planning Commission to City Council on Jl.Ine 9, 1986. I do
not find reference to the proposed use, or user of the site. However, the first criterion states that: -The
applicant shall submit a Site Development Plan for review and approval by the City's Planning Commission
for any new use of the Ballinger School propertY which would involve the utilization of twenty-five (25%)
percent or more of the total gross floor area of the existing buildings.-
Based on my review of these criteria, I feel the direction we discussed this morning is still viable.
cc: Greg S.
Page 1
~
L!-J-
APR-07-2000 09:26
MOUNTLAKE TERRACE POLICE
9
425 776 5788
P.03/09
/'
-
PLANNING COHM1SSIOM ACTION
ON .JUNE 9, 1986
BALLINGER ELEKPUn SCHOOL PKOPEllTY
REUSE CRITERIA
On June 9, 1986 the Planning Commission moved to recommend to the City Council
acceptance of the B~llinget' Elementary School Property Reuse Criteria est.ablished
by the Ballinger School Reuse Advisory Committee, a final determination' and adoption
of the following criteria:
1. The Applicant shall submit a Site Development Plan for review and approval
by the City's Planning Commission for a.ny new use of the Ballinger School
property which would involve the utilization of twenty-five (25%) percent
or more of the'total gross floor area of the existing buildings.
2. In order to preserve the recreational and open space amenities of the existing
Sa 11 inger Elementary School playfield as a community resource, future O'WTlers
and tenants of this property are encouraged to allow reasonable community
access to use the playfield on a scheduled basis.
3. Landscaping along the Halls Creek area shall be compatible 'With t.he creek
environment and subject to review and approval by the City's Water Quality
Specialist and Landscape Consultant.
4. All site york and construction shall be designed so as to not adversely affect
the water quality of Halls Creek and Lake Ballinger.
5. There shall be sight screening landscaping along the west part of the south
property line and the west property line to provide a buffer between the school
site and adjacent residential properties.
6. Landscaping around the buildings, along the access driveway andw1thin the
parking areas shall be installed and meet standards outlined in the City. s
Zoning Ordinance.
7. Adequate parking space must be provided on site to serve all of the potential
parking demand generated by the new use(s) of the site. The Applicant shall
provide sufficient data regarding the number of employees. delivery trucks,
visitors, clients, etc. which would come to this site, so as to provide adequate
basis to determine the potential parking demand. If overflow parking problems
arise after 'Planning Coaunission approval of the site plan, the matter \Jill
be re ferred back to the Planning Commission and the Applicant may be requ ired
to provide additional on-site parking facilities or improvements.
8. The Applicant shall be responsible to submit a Traffic Study for the proposed
reuse of the school property and mitigate any adverse impacts as much as is
feasible.
9. The eastern most: drivelo'ay to the school site shall be eliminated, so chac
the only access to t:he site shall be the \Jest driveway.
(J)
. .
..... ,APR-07-2000 09:27 MOUNTLAKE TERRACE POLICE
;:':':':::':":;""FLANNI'NG COKHI.SSIOM ACTI. .JURE 9. '1986
";:':/
I~
425 776 5788 P.04/09
.
BALLINGER ELEMENTAllY SCHOOL PROPERTY REUSE CRITERIA
10. The impervious area of the site shall be minimized as much as possible so
as to improve storm water drainage and have a positive affect on the water
quality of'Halls Creek and Lake Ballinger.
11. The existing storm drainage problem on the west portion of the south property
line of the school shall be mitigated as much as is feasible. The reuse of
the school property shall not in any way worsen the existing storm drainage
problem.
12. Lighting of the parking area and grounds shall be a low level type which will
not produce glare onto adjacent residential properties and vill blend well
with the residential character of the adjacent neighborhood. The exception
to this would be the playfield area which could have lighting which is typical
of public p1ayf1elds for night time scheduling of activities.
13. Any signage of the Ballinger School Property shall conform with the City's
sign regulations for schools as outlined in the Zoning Ordinance.
14. Any remodeling of the exterior of the buildings shall be consistent with the
residential character of the adjacent neighborhood.
15. The grounds and buildings shall be \leU maintained at all times so as not
to have a blignting influence on surrounding properties.
16. Adequate precautions shall be taken to assure that the quiet residential
character of the adjacent neighborhood will be protected.
17. Noise leve 1s ass,oeiated with any new use of Ballinger School shall not: exceed
that which would otherwise be characteristic of a Single-family residential
neighborhood.
18. No construction or site work should be permitted on the eal~ern portion of
the school property which would disturb the steep and potentially unstable
slopes in this area.
19. Only very limited traffic and activity should be permitted at this site after
10:00 p.m., daily. Noise generated by future use of the Ballinger School
property should be minimized as much as possible between the hours of 10:00
p.m. and 7:00 a.m.
20. Subject to review and approval by the Planning Commission. future owners of
the Ballinger School Property may be allowed to increase the existing total
gross floor area of the buildings by no more than fifteen (151.) percent.
BW
MOUNTLAKE TERRACE.. POL I CE
e....
yvedne<dav. JanualV 20.1999 THE Er'lTF.RPSI<< ·
APR-07-2000 09:27
sonnel appear to be more concerned
in protecting their decisions than
their citizens.
Protect citizens, don't
just defend decisions
To The Enterprise edi.tor.
My neighbors and I are still very
upset about the dealings that 'We had
with our city government and
employees.
Earlier this year after se~era1
frightenmg episodes in the neigh-
bomood we did some in'\7estigating
into the facilitY called Medi-Plex
Rehab. This facility started out as
New Medeo. They bought the old
Ballinger ElementarY School.
improved the property and together
with the citY established a neighbor-
hood comnUltee to address con-
cerns of tbe residents regarding the
use of the facility and the impaCt on
the area. Pennits were issued and
the neighborhood concerns were
addressed and included in the docu-
mentation. We felt secure.
A few years later New Medeo
sold the facility to the current own-
ers. At a. neighborhood open house
we were assured that the current
O'tVllers were doing the same work
that New Medco had done and there
was no reason not to believe them.
In the last year or so things have
changed including the clientele at
this facility. Se'\7eral meetings were
held both within the neighborhood
and with people from this facility
and our city government personnel
and employees. The outcome of an
of this was. because the. neighbor-
hood committee Concerns were not
spelled out to include every possible
eventuality that could occur, in other
words. we did nol hire a lawyer to
define in minute detail the only uses
and patient Qualifications that we
would deem acceptable. the city
licensed the facility to provide ser-
vices to clientele to which we would
never have agreed. Those of us who
were on the original neighborhood
committee were surprised that the
city saW no problem with this. We
thought that the things agreed to
were understood in deed as well as
intent .
It is with regret that we enter this
new year with the feeling that the
people that we have to protect our-
selves from are the very people we
thought would have our best inter-
ests at heart. Our. neigbborhood
does not have the money to hire a
lawyer to fight this company, which
noW is a part ol a very large national
organization with very deep pockets.
we still feel that the clientele housed
there should not be housed in a resi-
dential neighborhood.
_ _ ... _...!..:_~1 .......p..mp.nt
Carolyn M. Black
Mounllake TerT3Ce
425 776 5788
P.05/09
Q).
L .1."""'. -.-- ..
made between the clty. New MeGeo
and the neighb60d committee
was fair. The in_ as well as the
language was understood and
agreed to by all, including the city
attorney. However. current city per-
e
Wednesday,August5,.1998 THE ENTERPRISE '. ....
Headira\1ma centef.~'gettingOtlt of hand, neighb~rs
. "." . ," .
r ~ut instead, changed ~.e ~uS;iness to a .. 'anticipation of our corporate
il drug and alcohol rehabilitation center for . name change, SunHeatth Resi-
adults and youth. . dcntial Treatmenl Center," the
"The original intent-of use, agreed upon facllity's administrator, Dave
" ': between the citizens of this neighborhood Watkins said. A new sign will be
'. MO~ TE~CE - Some re9- land city management., was to treat head put up SOQn and though Ute
ide~~ next to the M~plex bead trauma injured people only," Klinke said. name has changed whal they do'
~cility on .226th PI~c.e Southwest tDld the He and others beUeve changes have inside is still the same, he said. .
Clty co':1llcU 00 Aug. '3, they are concerned been allowed to happen, quietly, without "Currently, we serve individu-
for their safety after, .they hav~ been COil-I pubnc input or notification' of the SUJ:'~ als With Brain/N~urologica1 Dis-
fronted more ~an onc;:e by patients of the : rounding home owners. he said. "orders. We do so in a residential
treatment center.. . ' I A recent change of their business treatmenl environment."
One woman ex.p\a!R~ how one day she ; Iice~on June 4 withtl,1.e. do/ _~~ .~.e cfH._ Watkins said, just as they have in
..qup~. upon __3 ~an. ~s!de of her hou~ r fereat confrontations '.with patients.. arid the past. .
~VitOO ~~~ ,at; \lie. top of her stairS I employees of the ~ly 'have '1~: :IDaoY As far ~s whether or !lot they
Just mum~~.. . ~:"s,&d, Her husband . home owners "paranoid." ODe neighbor. are treating people WIth sub-
was out S1d~.'/mowmg, the yard, so she I said. . '.' r stance abuse problems. Watkins
asked the man ~hat he wanted, after more ~ residents. are afraid to leave a door :I said "no."
mumbUng he left and shchurriedly locked, unlocked window open or just sit in their' "We are oot treating crimi-,
the door be~Jl.him ~d caDed the police. t yard." ' , nats. drug. and a1c,!hol depe~
~ther. ne~~~~,rs )lave had ~if(erent According to Mediplex The business:: den!S, .o~ mvo~untarilY comnul-
pa~ents 10 ~~ yard and h~e WItnessed has not changed but the name has, it is' ted mdivi.duals. .
patients Del.1lg .appreheo,ded m the .street now named The Sunrise Residential Treal- Que~tioDs have been raised
by emp!oyeesoC the IaciUty, some saJd. meot Center The name was changed "in by reSIdents aboul why the
Neighbors:,~~b, ,as Bemhard Klinke' employees "go after" the patients
said that he atilr'ot1iers believe the facility in the street if they are there vol-
is no longer treating head trauma patients. untarily. Officials from the fa~U-
ty said the individual's unusual.
confused behavior is a respoose
from the treatment.
"From time to time, our
clieots leave the facility. Howev-
er, they are not necessarily say-
ing they want to leave," Watkins
said~ '
The employees "safely return
the . individuals to our facility
where we may better assess
their status and what actions
need to be taken," he said.
'Ibis could include discharge
or transfer to another facility if
l\llnronriate. he added.
By Shannon SessIons
. EnterpTke writer'
8
"the Concerns, havemel With the
officials from th{dacilily and are
looking into whether or not the
facility is legally operating within
their land use regulations, the
city manager, 'Connie Fessler
said.' t,.
'1 waS encouraged by the'~n-
cern Mediplex has on :this
issue," Fesslet' said.
Appareotly some residen~: do
not believe the Cacilitfs clai'ms,
and have said they have talIted
with an employee of the faCUity,
who's. name they will not'lliG-
close, who told them the facility
was treating people, e~y
young people. with subs~ce
abuse problems, Klinke sai<L.~.
Another resideot said' the
facility already has a law" ~uit
pending because of some an~ed
sex offense. Though these':~e-
ganons have no proof to them at
this point., the residents want
answers from both the faCility
and the city as soon as possible.
Either way, the facility's'fela-
tionsbip with the' neighborhood
needs to be addressed. thc"tity
manager sai'd. Along with work-
ing with the city the fa~tY:has
set up a neighborhood holline
number for resident's qu~ons
and. concerns, . (425) 672-9323
extension .230, a reply will be
made within 72 business hours,
officials said.
"I think Mediplex and the city
need to take this seriously,"
Fessler said, "People tend tOI~ear
what they don't know.". ...
say
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RPR-07-2000 09:28
MOUNTLRKE TERRRCE POLICE
e
425 776 5788 P.07/09
e
.-
-- LOCATION SEARCH --
LOCATION --------------------------------------------------------------------+
L~~~~i~~: (~~1 :_=:~ _~=_~~: _~~~~~=:~=_~=~~~:::_~~_~~~~: ___ _ _ ___~<:~~.e ~~'t::__:
Class AqcY Ref # D.?' te Time Status Nc.ye
PI IN MTP 98-2419 l)7/.18/1998 14:48 A ASLT 4
PIAR-l!- MTP J98-2419 1)7/18/1993 14;47 JU'JRE F: JIMERSON, JOHN JOHN
-PIAR MTP .198-2419 07/18/1998 14:47 JUVREF ASSAULT 4
PIIN MTP 98-2371 07/13/1998 22:56 R MENTAL
J:' I AR* MTP 398-2220 07/01/1998 18:15 JUVREF JIMERSON, JOHN JOHN
PIAR MTP 398-2220 07/01/1998 18: 15 JUVF:E F ASSAULT 4
PIIN MTP 98-2220 07/(11/1998 17:16 A ASLT 4
PIIN MTP 96-21<:)4 ()6/23/1998 13:08 R ASLT 4
PIAR MTP .J9S-21()4 06/Z3/1998 13: 15 JUVREF ASSA.ULT 4~'1
i XN I D* IDT 57Q5(411)4 (!6/ 18/ 1998 MCGHEE~ MICHAEL E
,PI IN MTP 98 - 2Q5() (16/18/1998 15; 14 R THEFT2
IPIlN MTP 98-1922 (l6/()9/1996 17:41 R RUNAWAY
IPIIN+ M1"P 98-1922 ()6/09/1998 17:41 R BREITKRUETZ, LEIGHANN
IPMLP MTP 6691 (l6/04/1998 CURRNT BUS
IPIIN MTP 98-1733 OS/23/1998 08:57 R MISSNG PER
~------------------------------------------------------------------------------~
-(Snohomish County, WashingtonJ-----------------------[PRC Publi~ Sector~ Inc.J-
___> l=CALL FORM Z=CALl.TRAF
~ ~~ ~
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APR-07-2000 09:29
MOUNTLAKE TERRACE POLICE
e
425 776 5788 P.08/09
e
~,
-- LOCATION SEARCH --
LOCATION ----------------------------------------------------~---------------~
Loc~tion: 6911 226 PL Sw~ MOUNTLAkE TERRACE~ WA 98043 I
. DETAILS (5) -----------------------------------------------------------------+
Class Agcy R~f # D~te Time status Note I
PIIN MTP 98-1733 OS/23/1998 08:57 R MISSNG PER !
PIIN* MTP 98-1733 OS/23/1998 08:57 R ANDREWS, PETER NMI \
XNID* IDT 7762317 05/18/1998 SUN ALLIANCE HEALTHCARE SERVII
IXNID~ IDT 562907953 05/16/1998 WILLIAMS, DEONTE NMI
IPIIN* MTP 98-1650 05/16/1998 11:42 R ANDREWS! PETER NMI
lPIIN MTP 98-1650 05/16/1998 11~42 R JUVENILE
IPIIN* MTP 98-1598 05/12/1998 13:17 C DOOLITTLE, VINCENT
\PIIN MTP 98-1598 05/12/1998 13:17 C AOA
\PMLP MTP 6616 03/30/1998 CURRNT BUS
IXNID* IDT 574748136 03/29/1998 LOCKWOOD, LEMAN A
IPIIN MTP 98-1105 03/29/1998 14:31 R DISTURB
IPIIN* MTP 98-1105 03/29/1998 14:31 R VARESCHI, MICHAEL
IXNID* IDT 535822699 03/24/1998 AMES! DAVID S
\PIIN MTP 98-889 03/13/1998 15:08 R AOA
IPIIN* MTP 98-889 03/13/1998 15:08 R LOCKWOOD! LEMAN A I
+-------------------------------------------------~._---------------------------+
-[Snohomish Coun~y, W~Shington]-----------------------[PRC Public S~ctor, Inc.J-
___> l=CALL FORM 2=CALL TRAF
RPR-07-2000 09:29
MOUNTLRKE TERRRCE POLICE
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425 776 5788 P.09/09
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"-
~.
~
-- lOCATION SEARCH --
LOCATION --------------------------------------------------------------------+
Loc~tion: 6911 226 PL SW, MOUNTLAKE TERRACE, WA 98043 I
- DETAILS (S) -----------------------------------------------------------------+
Cl-3ss Agc:y Ref t~ Date Time St.:d~LIS No-ce I
PIIN MTP 98-889 03/13/1998 15:08 R AOA
PIIN* MTP 98-889 03/13/1998 15:08 R LOCKWOOD, LEMAN A
XNID* IDT 585729899 03/06/1998 HENNINGSEN, MICHELLE A
PIIN* MTP 98-814 03/06/1998 07:34 R LOCKWOOD, LEMAN A
.PIIN MTP 98-814 03/06/1998 07:34 R RAPE
\PIIN* MTP 98-814 03/06/1998 07;34 R PULLIAM, KATRINA
IPIIN* MTP 98-27 01/03/1998 18:02 R MERCUlIFF, ANTHONY NMI
IPIIN MTP 98-27 01/03/1998 18:02 R DISTURB
IPIIN* MTP 97-2537 07/24/1997 13:57 R WILKIN, DAVID W
IXNID* lOT 023481482 07/03/1997 ATCHISON, STEPHANIE A
IPIIN+ MTP 97-1650 05/16/1997 20:14 R WHITTLESEY, JOSH 3
IPIIN~ MTP 97-1496 05/04/1997 12:29 A SAMOVILLE, LOUIS EDWARD
IPIIN* MTP 97-1491 05/03/1997 12:54 R SAMOVILLE, LOUIS EDWARD
IXNID* lDT 533387438 04/06/1997 FROST1 DENNIS WAYNE
\PIAR* MTP J97-1164 04/06/1997 11:45 JUVREF SAMOVllLE, LOUIS EDWARD I
+-------------------------------------------------------------------~----------+
-(Snohomish County, WashingtonJ-----------------------[PRC Public Sector, Inc.J-
--~> 1=CALL FORM 2=CALL TRAF
)1
:7 /! !,~
L/f/I!/ \.'
TOTRL P.09
FORTANGELES
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT STAFF REPORT
DATE:
April 12, 2000
TO: ~ning Commission
FROM: ".. --=id Sawyer, Senior Planner
FILE #: CUP 00-03
APPLICANT:
Highland Courte - Tim German
OWNER:
City sf Port /\Rgeles ~~
~
LOCATION:
1704 Melody Circle
REQUEST:
Establish a private chemical dependency treatment facility in the RHO zone
RECOMMENDATION
Staff recommends the Planning Commission deny Conditional Use Permit (CUP)
00-03 based on the findings and conclusions listed in AttachmentA.
THE PROPOSAL
The applicant is proposing to establish a "private hospital" providing intensive
inpatient chemical dependency treatment. The applicant describes the facility
as providing professional and affordable treatment services for up to 50 men and
women based on the "12 Step Recovery Minnesota Mode!." Treatment will consist
of group, individual, and family therapy and includes lectures, video presentations
and professional guided group therapy. Although the application also included
"mental health triage and stabilization services," the applicant has stated these
services are no longer part of the application. The submitted application is
attached as Attachment B.
ANALYSIS.
The facility is located at 1704 Melody Circle. The 2% acre site is located in an existing
residential district with a mixture of single family homes, multi-family apartments
and senior housing developments. The existing building and grounds were
constructed and opened in 1999 as a 42 unit assisted living facility for residents
with Alzheimer's disease. A CUP was approved for that particular use in 1997.
The proposed facility will be managed by Northwest Care Services, the same
company that managed the previous Alzheimer's use. It will be a private pay
I~ ATTACHMENT #5 I
.,
Planning Department Staff Report
CUP 00-03 (Highland COUrte - Tim GennllJl"
April 12, 2000
Page 2
facility and will not be affiliated with any government agency. A "medical director"
will oversee the facility and a staff of 30 employees. Although there will be no
doctors or nurses on staff, the staff will be trained professionals who will work
under the supervision of a licensed medical doctor. The doctor will visit the facility
once a week and be on call for the balance of time.
The average length of stay for a patient will be 28 days. The services do not include
detoxification and admission is voluntary. Visitors will be allowed only on the
weekends and patients will not be allowed outside the facility without a staff
member. The facility's grounds include two yard areas for recreationaFpurposes "
secured by six foot high fences.
Although the program may satisfy a court order for treabnent, the services are not
in lieu of jail time. Consequently, a patient may choose to leave the program
prior to its completion. If this occurs, the applicant indicates the individual will be
either "driven to the airport, bus station, or picked up by a friend..
CITY DEPARTMENT COMMENTS
The City's Fire Department and Public Works Department both indicated they have
no recommended conditions of approval regarding the application.
The City's Police Department expressed "considerable reservations" regarding
" approval of the project in a residential area. In their review of the proposal, the
Police Department noted three local examples of facilities that provided some level
of chemical dependency treatment or counseling and were located in residential
areas. Although somewhat similar, these examples are not comparable with the
proposed project because of additional mental health related patients 'and
services. The Police Department also referenced three similar treatment facilities
located in other cities. Two of these facilities were also located in residential
areas. The two comparable examples were located in the Cities of Mount lake
Terrace and Kelso, Washington. Chief Scott Smith of Mount lake Terrace stated
the facility had been a major drain on public safety resources and had caused
continued anxiety and stress for many of the neighbors until it finally closed. Chief
Steve Scibelli of the Kelso Police Department stated the existence of the facility in
a residential neighborhood and the occasional "walking away" of the court ordered
and other patients caused "major problems" for the police department and city.
The Police Departmenfs Memo is attached as Attachment C.
COMPREHENSIVE PLANIZONING REVIEW
Section 17.96.050 of the Zoning Code (Included in Attachment D) describes the
purpose and approval parameters for CUPs. The purpose of a CUP is to
"assure that the maximum degree of compatibility between uses shall be attained. 11
CUPs may be granted for projects that "are consistent and compatible with the
purpose of the zone. . .,consistent with the Comprehensive Plan, and not contrary
to the public use and interest. 11 A CUP may be denied if the proposal would
"defeat the purpose of the Zoning Regulations by"introducing incompatible,
detrimental, or hazardous conditions. 11
'-\.::..
Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Dennar
April 12, 2000
Page 3
The proposed project is inconsistent with the City's Comprehensive Plan. The
site's Comprehensive Plan designation is High Density Residential [HDR]. This
designation is "intended for areas where a higher concentration of residents is
compatible with the sunounding area and uses. Condominiums, apartments, and
planned residential developments are the types of building designs appropriate for
this category. 11 land Use Element Goal C and Policy 1 establish the district and
neighborhood concept for residentiallan~ use planning in the City and are listed in
Attachment D. Policy C1states "Although such districts may be composed
primarily of residential uses of a uniform density, a healthy, viable district should
be composed of residential uses of varying densities which may be augmented by
subordinate and compatible uses. Single family and multi-family homes, parks
and open spaces, schools, churches, day care and residential services, home
occupations, and district shopping areas are aI/legitimate components of district
development and enhancement. 11 A chemical dependency treatment center
treating patients drawn from throughout the northwestern United States is not
subordinate to the surrounding residential district. Nor is its primary purpose to
serve the neighboring residents.
The proposed project may be eligible for a CUP. in, the RHO zone as a 66social
service agency providing Uhour residential care. " As noted previously, the
applicant applied for a CUP based on the use as a private hospital. Upon review
of the application, including supplemental information provided by the. applicant,
staff does not feel this use qualifies as a "hospitar use which .specializes in giving
. clinical, temporary and emergency services of a medical or surgical nature. 11
However, an interpretation that the proposed use is eligible for a CUP in the.RHD
zone as a "social service agency providing 24-hour residential care" can be
considered.
The proposed use is incompatible with the adjacent land uses. The proposed use is
located in an established residential district and. multi-family/senior housing
neighborhood. It is also in close proximity to existing single-family neighborhoods
to the north. As noted in their memo, the Police Department expressed
"considerable reservations" about the approval of the facility and. its potential.
detrimental impact at the proposed location. Based on the information provided in
the Police Department's memo and the project's proposed location in an existing
residential neighborhood, staff feels the proposed use is incompatible with the
surrounding land uses.
The proposed project is inconsistent with the "Purpose" of the RHD zone. The
purpose of the RHO zone, which is included in Attachment 0, states "Compatible
land uses may be aI/owed on Conditional Use Permits but the zone is still
regarded as a residential area, and commercial enterprises are not generally felt to
be compatible. 11 Because the proposed use is considered incompatible with the
surrounding residential uses, approval of a CUP permitting the use would be
. inconsistent with the purpose of the RHO zone.
For parking purposes, the facility would generate a demand similar to a nursing
home and would require one parking space for every three beds. With 50
beds, the facility will require 17 parking spaces, 29 spaces are provided on site.
Planning Department Staff Report
CUP 00-03 (Highland Courte - Tim Gennar
April 12, 2000
Page 4
ENVIRONMENTAL REVIEW
The City's State Environmental Policy Act Responsible Official issued a
Determination of Non-Significance for the project on April 7, 2000. Following
the optional DNS process 0NAC 197-11-355), the City expected to issue a DNS
for the project. However, during review of the project, the Port Angeles Police
Department identified adverse secondary effects that occurred for similar
developments in Mountlake Terra~ and Kelso, Washington. Based on these
comments, the SEPA Responsible Official reconsidered the threshold
determination and concluded that such adverse impacts, even if found to be
significant, could be condition~d or the proposal denied based on the City's
Comprehensive Plan and Zoning Code through the conditional use permit process
and under the SEPA substantive authority in WAC 197-11-660(1 )(a).
PUBLIC COMMENTS
42 letters of comment requesting denial of the CUP were received from the public
regarding this application. . A petition with 40 signatures opposing the project
was also submitted to the Planning Department. Concerns expressed in the
letters include fears of increased crime and potential impacts on personal safety
and property, increased traffic, decreased propertY values, and the overall
incompatibility of the proposed use and the existing residences. The public
comment period ran from March 22, 2000 to April 6, 2000. The letters of comment
are included in Attachment E.
CUPO003.PC1
; Findings and Conclusions
for CUP 00-03
Findings
The following findings are based on the information provided in the April 12,
2000 Staff Report for CUP 00-03, including all of its attachments.
Consideration was also given to the comments and information presented
during the April 12, 2000 public hearing, and the Planning Commission's
discussion and deliberation. Consequently, the City of Port Angeles
Planning Commission hereby finds:
1. The applicant, Highland Courte - Tim German, applied for a
conditional use permit to establish a private chemical dependency
treatment facility in the RHO zone. The application and
supplemental information is identified as Attachment B to the April
12, 2000 Staff Report for CUP 00-03;
2. The applicant describes the facility as providing professional and
affordable treatment services for up to 50 men and women based on
the "12 Step Recovery Minnesota Model." Treatment will consist of
group, individual, and family therapy and includes lectures, video
presentations and professional guided group therapy.
3. Although the application also included "mental health triage and
stabilization services," the applicant has stated these services are no
longer part of the application.
4. The project site is located at 1704 Melody Circle.
5. The 2% acre site is located in an existing residential district with a
mixture of single family homes, multi-family apartments and senior
housing developments.
6. The existing building and grounds were constructed and opened in
1999 as a 42 unit assisted living facility for residents with Alzheimer's
disease. A CUP (CUP 97-13) was approved for the Alzheimer's use
in 1997.
7. The proposed facility will be managed by Northwest Care Services,
the same company that manageq the previous Alzheimer's use at
the site.
8. The facility will be a private pay facility and will not be affiliated with
any government agency.
9. A "medical director" will oversee the facility and staff of 30
employees.
ATTACHMENT A
Page 1 of 4
10. There 't. be no doctors or nurses on staff, t.staff will be trained
professionals who will work under the supervision of a licensed
medical doctor. The doctor will visit the facility once a week and be
on call for the balance of time.
11. The average length of stay for a patient will be 28 days.
12. The services will not include detoxification and admission will be
voluntary.
13. Visitors will be allowed only on the weekends and patients will not be
allowed outside the facility without a staff member.
14. The facility's grounds include two yard areas for recreational
purposes secured by six foot high fences.
15. Completion of the program may satisfy a court order for treatment,
but the program is not in lieu of jail time.
16. A patient may choose to leave the program prior to its completion.
17. The City's Police Department expressed "considerable reservations"
regarding approval of the project in a residential area'in their memo
dated April 5, 2000 and identified as Attachment C to the April 12,
2000, Staff Report for CUP 00-03.
18. The Police Department noted two comparable facilities located in the
Cities of Mount lake Terrace and Kelso, Washington.
19.' The Police Department memo referenced-Chief Scott Smith of Mount
Lake Terrace who stated the facility had been a major drain on public
safety resources and had caused continued anxiety and stress for
many of the neighbors until it finally closed.
20. The Police Department memo referenced Chief Steve Scibelli of the
Kelso Police Department who stated the existence of the facility in a
residential neighborhood and the occasional "walking away" of the
court ordered and other patients caused "major problems" for the
police department and city.
21. Section 17.96.050 of the Port Angeles Municipal Code states: the
purpose of a CUP is to "assure that the maximum degree of
compatibility between uses shall be attained;" CUPs may be granted
for projects that "are consistent and compatible with the purpose of
the zone. . ., consistent with the Comprehensive Plan, and not
contrary to the public use and interest;" and a CUP may be denied if
the proposal would "defeat the purpose of the Zoning Regulations by
introducing incompatible, detrimental, or hazardous conditions. n
ATTACHMENT A
Page 2 of 4
22. The siklComprehensive Plan designation, "igh Density
Residential [HDR]. This designation is "intended for areas where a
higher concentration of residents is compatible with the surrounding
area and uses. Condominiums, apartments, and planned. residential
developments are the types of building designs appropriate for this
category. n
23. The City's Comprehensive Plan's land Use Element Goal C and
Policy 1 establish the district and neighborhood concept for
~esidentialland use planning in the City and are listed in Attachment
D to the April 12, 2000, Staff Report for CUP 00-03.
24. Policy C1 states "Although such districts may be composed primarily
of residential uses of a uniform density, a healthy, viable district
should be composed of residential uses of varying densities which
may be augmented by subordinate and compatible uses. Single
family and multi-family homes, parks and open spaces, schools,
churches, day care and residential services, home occupations, and
district shopping areas are all legitimate components of district
development and enhancement. II
25. The applicant applied for a CUP based on the use as a private
hospital. Upon review of the application, including supplemental
information provided by the applicant, staffdbes not feel this use
qualifies as a "hospitar use which "specializes in giving clinical,
temporary and emergency services of a medical or surgical nature. 11
26. The proposed use is located in an established residential district and
multi-family/senior housing neighborhood. It is also in close
proximity to existing single-family neighborhoods to the. north.
27. The purpose of the RHO zone states "Compatible land uses may be
allowed on Conditional Use Permits but the zone is still regarded as
a residential area, and commercial enterprises are not generally felt
to be compatible. n
28. The City's State Environmental Policy Act Responsible Official
issued a Determination of Non-Significance for the project on April 7,
2000.
29. Following the optional DNSprocess CVVAC 197-11-355}, the City
expected to issue a DNS for the Highland Courte CUP 00-03.
Subsequent comments by the Port Angeles Police Department
identified adverse secondary effects that occurred for similar
developments in Mountlake Terrace and Kelso, Washington. Based
on these comments, the SEPA Responsible Official reconsidered the
threshold determination and concluded that such adverse impacts,
even if found to be significant, could be conditioned or the proposal
ATTACHMENT A
Page 3 of 4
Conclusions
A.
CUP0003,PC1
denied '. ,sed on the City's Comprehensive f .1 and Zoning Code
through the conditional use permit process and under the SEPA
substantive authority in WAC 197-11-660(1)(a).
30. 42 letters of comment requesting denial of the CUP were received
from the public regarding this application and a petition with 40
signatures opposing the project was submitted to the Planning
Department. Concerns expressed in the letters include fears of
increased crime and potential impacts on personal safety and
,property, increased traffic, decreased property values, and the
overall 'incompatibility of the proposed use and the existing
residences.
31. The public comment period ran from March 22, 2000 to April 6, 2000.
The letters of comment are included in Attachment E to the April 12,
2000, Staff Report for CUP 00-03.
32. The facility will require 17 parking spaces, 29 spaces are provided on
site.
The following conclusions are based on the information provided in the April
12,2000 Staff Report for CUP 00-03, including all of its attachments.
Consideration was also given to the comments and information presented
during the April 12, 2000 public hearing, the Planning Commission's
discussion and deliberation, and the above listed findings. Consequently,
the City of Port Angeles Planning Commission hereby concludes:
The proposed project is eligible for a CUP in the RHD zone as a
"social service agency providing 24-hour residential care. n
B.
A chemical dependency treatment center is not subordinate to the
surrounding residential district. Nor is its primary purpose to serve
the neighboring residents.
C.
Based on the information provided in the Police Department's memo
and the project's proposed location in an existing residential
neighborhood, the proposed chemical dependency treatment facility
is incompatible with the surrounding residential land uses.
D.
Because the proposed use is considered incompatible with the'
surrounding residential uses, approval of a CUP permitting the use
would be inconsistent with the purpose of the RHD zone.
E.
Because the proposed use is not subordinate to the surrounding
residential uses, nor is its primary purpose to meet the daily needs of
the neighboring residents, the proposed project is inconsistent with
the City's Comprehensive Plan Land Use Element Goal C and Policy
1.
ATTACHMENT A
Page 4 of 4
... >oOR! Aft;
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CITY ~!::..~OltT:~PELES
NDlT~PERMIT
AP~ON
f.li. ~i't4W~"'{~
APPLICANT/OWNER INFORMATION:
Applicant: Hiqhland courte
c/o sparrow Group:
Address: 405 S. Peabody, Port Angeles, WA
Daytime phone #: (360l 417-0132
Applicant's representative (if other than applicant): Tim ('..e.rmm
Sparrow Group
Address: 401:) S_ PPi'llYrly. Pm+ Angplp!=:. WA 983~aytime phone #: (360) 417-0132
Property owner (if other than applicant):
Address:
Daytime phone #:
Page 1 of2
:PROPERTY INFORMATION:
Street address: 1702 Melody Circle Port Anqeles. WA 98362
Legal description: Lot 3 of Highland CamDns:, according to the Plat thereof recorded in
Vol 13 of Plats, pages 43,44 & 45,records of Clallam County, Washington
ZOning:Residential Multi-Comprehensive Plan designation: Residential High Density
family
ProperW dimensions: Property area (tptal square feet): 1 07.120 SQUare feet
Physical characteristics (i.e.. ~ sloped, vacant, developed. etc.): 'T'hP prnp:>ri-y i~ lTIrIinly
flat with an existing building and paved oarkinq..
PROPOSED USE INFORMATION:
Please describe the proposed use: See attached proiect description..
N~ of employees:
30
Hours of operation: 24 hrs a day, 7 ~a week
Number of on-site parking spaces: 29
Number of off-site parking spac~:
Building area (total square. feet of floor area for the. proposed activity): 16 ,685 .
SIGNATURES:
Applicant:
I certify that all of the above statements are true and complete to the best of my know/edge and acknowledge that
wilful misrepresentation of information will terminate this permit application. I have read this application in its
entirety and understand my that bmittal will be reviewed for completeness and. if found to be complete, will be
~duled for the next availabli fanning Commission meeting per the "Planning Meeting and Application Dates"
handout available In the Ci 'S Planning Department.
Signature
Date o-y1IHtf
I
Owner (if other than applicant):
I am the owner of the subject property identified herein and approve of this application.
Signature
Date
Page 2 of2
Project Description
Highland Courte
A Community of Recovery
Highland Court will be a private hospital providing intensive inpatient chemical
dependency treatment. Mental health triage aQ.d stabilization services for Clallam
County will also be provided on the same campus. Highland Courte will be
equipped to provide services for SO patients.
The chemical dependency treatment center will provide caring, effec"'ve,
professional and affordable treatment services for both men and women. The
treatment model will be based upon the 12 Step Recovery Minnesota Model.
Treatment for chemical dependency will include group, individual, and famlly
therapy. The program will be highly structured and will include lectures,
educational and video presentations and professional guided group therapy.
Our medical director will manage the medical needs of aU our patients. All patients
m~~t be ambulatory and medically stable at ~e,Jime of admission or they will be
transferred to an acute care hospital for detoxification prior to admission at
. ~ghland Courte. All patients will be screened by admission staff to ensure the
health, safety and welfare of patients and the community. All patients will remain
on IDghland Courte grounds at aU times unless accompanied by a staff member.
. Our goaUs to provide the community, countycand peninsula with much needed
services. Our program provides healing and hope to families, assists employers in
retaining valued employees and provides a source of treatment for clients referred
through the legal system. Most of all, our program will bring dignity and respect
back to individuals who suffer from the disease of chemical dependency.
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FORTANGELES
POLICE DEPARTMENT
Date: .
April S, 2UOO
To:
".
Planning Department
Steve Dk, Chief of Police
Tom Rief&eputy Chief
From:
Subject:
Conditional Use Permit - CUP O~03
ffighland Courte - 1702 Melody Circle
This memo is written in response to your request to the police department for comments regarding a
proposal to allow the establishment of a 50-bed "inpatient chemical dependency center" in a
Residential High Density Zone (1702 Melody Circle).
From the information you provided, it is the police department's understanding that the proposal is
for a priyate, for profit, inpatient chemical dependency treatment clinic. Assumably the patients of
the facility would also be treated for co-occurring disorders such as mental illness. From our
memory, the police department's only contemporary experience With a facility somewhat similar to
the described proposal is as follows:
· "The Lodge," an inpatient treatment facility at the old "Priest" house located on Olympus
Avenue. Our records indicate that this facility, located in a residential area on a very large
and semi-secluded lot, operated for a few years during the late eighties and early nineties.
Most police records related to this facility have been purged, but there are recollections of
two incidents where officers responded to complaints of an angry patient committing a
minor assault and malicious mischief inside the facility. Overall, as far as the police
department is concerned, the facility operated in relative obscurity. The number of beds is
unknown.
· "The Oak Street House," a five-bed inpatient treatment facility for teenagers at 12th and
Oak Streets was operated by Peninsul~ Community Mental Health for approximately two
years during the mid-nineties. The teenagers living at this facility were mostly court
ordered to live at the facility and had co-occurring mental health, lifestyle and chemical
dependency issues. The police department responded many times to this residence during
the time it was in operation.
· "The Second Street House," a 19-bed facility for adults, mostly with mental health issues
and occasional co-occurrlng substance abuse issues, has been in operation on the comer of
Second and Oak Streets since 1983. The facility is managed by Peninsula Community
Health. The police department occasionally responds to the facility. The complaints have
related to a wide variety of issues involving the residents.
In order to obtain a better grasp of the possible public safety issues regarding the CUP application, I
contacted police chiefs or police administrators I was familiar with, in cities of similar size to Port
Angeles. The results of my contacts are as follows:
· Aberdeen - According to Chief Bob Maxfield, one "chemical dependency inpatient
treatment facility" is located in Aberdeen. It (East Center Recovery) is located on the 5th
floor of the old Gray's Harbor Conimunity Hospital. The old hospital building is bordered .
by a city park on one side and residential areas on three sides. The county 911 dispatch
center and various medical services are also located in the building. Chief Maxfield said he
was not aware of any secondary public safety impacts or issues related to the location or
existence of the treatment facility.
· Mount Lake Terrace - After I described the proposal to Chief Scott Smith, he told me the
following: He had a two inch thick file on problems related to an inpatient treatment
facility, located in a residential area, in Mount Lake Terrace. Chief Smith said the facility
had been a major drainon public safety resources and had caused continued anxiety and .
stress for many of the neighbors until it finally closed. Chief Smith will send us some of the
information and newspaper articles that have been written about the facility and problems
associated with it. Chief Smith said there were many secondary public safety impacts to the-
residential neighborhood as a result of the inpatient treatment facility.
· Kelso - ChiefSteveG. Scibelli of the Kelso Police Department related the following: A
number of years ago, a private chemical dependency inpatient treatment center moved into a
residential neighborhood in Kelso. Chief Scibelli recalled that it had approximately 25 beds.
According to Chief Scibelli, due to the problems associated with, and after litigation and
threats of litigation between the City, residents, and owners of the facility, the facility finally
moved out of the residential area. Chief Scibelli said the existence of the facility in a
residential neighborhood and the occasional ''walking away" of court ordered and other
patients caused "major problems" for the police department and city.
Conclusion: Based on the information contained herein, and the general experiences of the cited
law enforcement agencies, the police department has considerable reservations
regarding the operation of a 50 bed inpatient chemical dependence treatment facility
in a residential neighborhood.
102-00-428
2
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Date:
To:
From:
Subject:
e
~ORTANGELES
e
WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
May 3, 2000
Brad Collins, Planning Director
.::JI<-
Tom Riepe, Deputy Chief
fD) I ~ @ ~ U IU_...i
I1IJ I MAY - 1\ 2000 .
P _I
ORT ANGELES
PLANNiNG OEPI,::.n/~rn
Conditional Use Permit - CUP 00-03
Highland Courte
-
Thank you for forwarding us a copy of Mr. Kimbrough's report, and asking if Mr. Kimbrough's additional
information changes our original report to the Planning Commission. The original report documented
conversations with the police chiefs of three separate jurisdictions and conveyed their comments. We
believe it is accurate. Some of the information in Mr. Kimbrough's report would seem to refute the
information we obtained from the Kelso and Mount Lake Terrace Police Chiefs.
After reviewing Mr. Kimbrough's report, Detective Mike Hall also conducted a brief telephone survey. A
copy of his report is attached. Rather than comment on Mr. Kimbrough's report, we request you review
Detective Hall's report and use it, along with our initial report, and Mr. Kimbrough's report as a base of
reference for a determination of further action. The information, mostly anecdotal, we received from the two
brief telephone surveys do not allow us to make a definitive recommendation to you.
In our conclusion of the first memo we sent to the Planning Department on April 5, 2000, we stated that the
police department has, "considerable reservations regarding the operation of a 50-bed inpatient chemical
dependence treatment facility in a residential neighborhood." This recommendation was primarily based on
the experiences conveyed by the aforementioned jurisdictions.
Mr~ Kimbrough's report has much more information than the original CUP application and Detective Hall's
report contains some additional information. Our experience with residential treatment centers is limited.
Our reservations could prove to be unfounded. As stated above, we request that you use the information we
have provided to you as a base of reference for action as you deem appropriate.
Given all the information received, we still have reservations. Empirical data, using strong comparables, is
needed before a definitive recommendation could be provided.
cc: ChiefS. Ilk
Attachments: (Det. Hall's Rpt. and faxes)
102-00-337
U
:D
i ATTACHMENT #6
DATE:
TO:
FROM:
SUBJ:
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WAS H I N G TON, U. S. A.
POLICE DEPARTMENT
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PORT ANGELES 1 I
.... PLANNING DEPARTMENT
I
3 May 2000
Tom Riepe, Deputy Chief
Mike Hall~
Highland Courte
I spoke with Stacey Brooks at the Yakima County Sheriffs Office reference the Sundown
Ranch. She said that the information in the report was correct. Brooks said the center sits
on about thirty acres in the canyon area. Brooks also told me the center is about 30 miles
from Yakima and the nearest neighbor is about a mile away. So, as far as it impacting any
neighborhood goes, there is no neighborhood to impact. Brooks also suggested that I call
Yakima P.O. and ask about the Triumph Treatment Center.
I then called Yakima Police and spoke with Julie Amis. Amis is the services supervisor.
Amis said the Triumph Treatment center is located on the east side of Yakima near the
downtown mall. Amis faxed me the calls for service for the treatment center. See attached.
She also told me the calls included some fights, unwanted guests, alarms, assault and
theft.
I called and spoke with Val Roney at Valley General Hospital - Alcohol and Drug Recovery
Center in Monroe, Washington. Roney told me that they have had to call the police about
four times because the staff felt they might be assaulted by in residents in the facility.
Roney described the area the facility is in as a blend of rural and suburban. I had also
called the Monroe Police Department to talk with Commander Rick Dunn. Dunn was out of
the office and has not returned my call at the time of this memo.
I called and spoke with Captain Dave Maehern of the King County Sheriffs Office North
Precinct about the Lakeside Milam Recovery Center. Captain Maehern said that they
usually get called when a staff member or others get assaulted or when there are
walkaways. Captain Maehern said he does not have exact numbers but does not believe
that they are high. Captain Maehern said he would check their system and let me know.
Captain Maehern called back around 1420 hours and told me they responded to ten calls
last year and five so far this year. Captain Maehern said he would fax the information from
their CAD system to me. I received the information at 1431 hours and have included it with
this memo.
'I called the Kitsap County 8hAs Office and spoke with Deputy J&s Gastineau and
8gt John Gese about the Olalla Guest Lodge. Deputy Gastineau and 8gt Gese said that
the county had recently changed their computer dispatching system and they could not
give me exact numbers. Both Gese and Gastineau said the calls to the facility were not
very many. 8gt Gese said the biggest problem seemed to be traffic complaints on
graduation day. 8gt Gese said the facility is in a high crime area to begin with. 8gt Gese
said he thinks the facility is an old navy housing building that has been converted. 8gt
Gese said across the street is navy housing. The Lanstat report said it was coast guard
which is apparently incorrect.
I called 8t. Peters Chemical Dependency Center in Lacey Washington. I spoke with Holy
Christiancy, the adult services coordinator. Christiancy said the center is in the city limits of
Lacey in a combination commercial and residential area. Christiancy said the center is
near some apartment buildings and a middle school is one-half mile away. Christiancy
said the center handles both adults and adolescents. Christiancy said most all of the
police calls to the center involve the adolescents. Christiancy said that the reports are
usually when one of the adolescents have runaway or have committed an act of malicious
mischief. Christiancy said she could not think of a time when they had the police called
about an adult.
I had also called the Lacey Police Department and spoke with Paul Nagle about the 8t.
Peters Chemical Dependency Center. Nagel is the support services manager for the
Police Department. Nagel said he did not have the information I wanted handy. Nagel said
he would check and try to find what calls for service the Police Department has responded
to and fax the information to me. I received the information at 1402 hours and have
enclosed it with this memo.
'0
.~
~
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e
FORrAN ELES
e
WAS H I N G TON, U. S. A.
PLANNING DEPARTMENT
Date:
May 10, 2000
To:
Planning Commission
Brad Collins, Planning Director$v-
Explanation of the May 10,2000, Staff Recommendation on Highland Courte
Conditional Use Permit CUP 00-03
From:
Subject:
Due to the public concern over a published newspaper account of the May 10 staff report
and recommendation, it is important to note that the Police, Planning, and City Attorney staff
have not recommended that the Planning Commission approve Highland Courte CUP 00-03
if conditions are met. The staff in each of these City departments continue to have
reservations about the proposed project. The conditions in the May 10 staff report were
intended to identify for the Planning Commission mitigation measures which would address
concerns and objections raised in early staff reports and public testimony. Tenconditions
were developed using statements and information provided by the applicant and attempt to
address issues subject to the conditional use permit process. The Planning Commission must
determine if these and/or other conditions can make the proposed inpatient chemical
dependency treatment center compatible with the residential zone in which it is located.
Contrary to the newspaper article that fueled the fears of many senior residents who feel
vulnerable to people with chemical dependencies which can cause irrational and frightening
behaviors, the Police, Planning, and City Attorney staff have not determined if these or other
conditions developed to mitigate specific concerns raised in the public record can be enforced.
Discussion about the conditions with the applicants have not concluded, and they may have
alternative conditions to propose. Consequently, staff is recommending that following the
close of the public hearing the Planning Commission continue their deliberation and decision
on the Highland Courte CUP 00-03 to their regular May 24, 2000, meeting. At that time City
staff can report its recommendation on the legal enforcement of conditions designed to
provide the assurances offered by the applicants for compatibility with the residential zone
and the planned development for seniors approved in this area.
il
~
~ ATTACHMENT #7
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