HomeMy WebLinkAboutExhibit 01 - Final Staff Report_Caswell-Brown
STAFF REPORT
Caswell-Brown Village
APPLICANT
Olympic Community Action Programs
STAFF REVIEWER -
Brent A. Butler, Chief Strategy Officer
Jefferson County, Washington
August 2023
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TABLE OF CONTENTS
Section Description Page
I Project Description 2
II Review Process and Schedule 3
A Should this be a Type III Permit 3
B Urgency Issue 3
C Unnamed institutional use and Public Purpose Facilities 5
D Why Conditional Use Permit and SEPA Mitigations? 5
E Regulations Governing Existing Use are Temporary 6
F Public Facilities 6
G How CUPs are reviewed and authorized 7
H Determination of Completeness / Notice of Application 7
III SEPA Environmental Review 8
A Review Process 8
B SEPA Appeals 8
IV Project Phasing 8
V Site Context, Previous Site Usage, and Zoning 11
A Site Context and Description of Surrounding Uses 11
B Previous Site Usage 15
C Zoning 15
D History 16
VI The Criteria 20
VII Staff Recommendation 27
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Figures and Tables
Figure 1 Rendering of Shelter Page 2
Table 1 First Responder Calls Page 7
Figure 2 Phasing Plan Page 9
Figure 3 Aerial Site Photo Page 11
Figure 4 North East Aerial Page 12
Figure 5 Evans Vista Master Plan Page 13
Figure 6 Port Townsend Paper
Mill and Ponds
Page 13
Figures 7 & 8 Larry Scott Trail
Easement
Page 14
Table 2 Comparative Analysis of
Proposal and UDC
Page 16
Figure 9 Rendering of Shelter Page 20
Figure 10 Emergency Shelter Site
Plan
Page 22
Figure 11 Tiny Shelter and RV Park Page 22
Figure 12 Lighting Devices Page 23
Figure 13 Access Page 24
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I. Request and Project Description
A. Request for Conditional Use Permit
Olympic Peninsula Community Action Programs (OlyCAP) seeks a Conditional Use Permit (CUP) for a 50-
bed emergency shelter (“shelter”) with permanent supportive housing and a 40-lot park (“park”)
consisting primarily of recreational vehicles and tiny shelters to provide housing for persons
experiencing housing insecurity. Caswell-Brown Village refers to the combined shelter and park.
B. Project Description
The 11,830 square foot shelter is designed with communal kitchen and bathrooms, two common rooms,
24 emergency shelter beds and 16 permanent supportive housing units consisting of three one-
bedroom units and 13 single room occupancies serving very low-income individuals suffering chronic
housing instability. The shelter is planned with flexible space to support up to 75 individuals during peak
weather emergencies and includes staff quarters with 27 parking stalls in the upper portion of a 21.8-
acre parcel. The existing park sited on a temporary basis would obtain permanent siting through this
CUP. The 40-lot park is outfitted with 19 parking spaces; common building; sanitation unit with showers,
restrooms, and sinks; site monitor office; garbage / recycling pad; and a kitchen tent. Approved as a
temporary housing facility pursuant to Jefferson County Code 18.20.385, the Park is located on a graded
area of the parcel’s lower site. It is currently permitted in accordance with temporary housing facilities
for individuals who are unsheltered for a period of 180 days with extensions allowed for an additional
two years. The 40-lot park will share the 21.8 parcel with the emergency shelter, and the site currently
has an approved temporary housing facility permitted in accordance with Jefferson County Code
18.20.385 with recreational vehicles/campers and tiny shelter.
Below is an artist’s rendering of the one-story emergency shelter with clerestory windows for extra light.
Figure 1: See Exhibit 22 for Caswell-Brown Village’s Emergency Shelter and 40-lot Park Plan
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II. Review Process and Schedule
Jefferson County Code Title 18 is the Unified Development Code, which is the principal tool for
implementing the goals and policies of the Jefferson County Comprehensive Plan. Since the review
schedule for applications is determined by the use classification and associated use impacts, this section
explains: 1) the Unified Development Code (UDC) Administrator’s Type III permit designation and the
urgency, 2) why this is an ‘unnamed institutional use’ that falls under the rubric of ‘public use facilities’,
3) why a Conditional Use Permit (CUP) is warranted, and 4) how CUPs are reviewed and authorized.
A. Should this be a Type III permit review?
This is determined to be a Type III permit. The UDC outlines three options for this permit that includes as
a Development Agreement (JCC 18.40.820 to 18.40.860), an Essential Public Facility (JCC 18.15.110), or a
Public Purpose Facility as set forth in Table 3-1 of the UDC. Both Development Agreements and
Essential Public Facilities are legislative actions commonly referenced to as Type V permits. Type V
process requires final approval by the Board of County Commissioners (“Board”) after transmittal of the
Planning Commission recommendation. The Board’s decision would be appealable to the Western
Washington Growth Management Hearings. Additionally, the siting of essential public facilities would be
processed along with the county’s annual comprehensive plan cycle. While the essential public facilities
designation grants the County wide latitude in siting facilities typically difficult to site and include uses
such as airports, state education facilities, regional transportation facilities, group homes, state and local
correctional facilities, solid waste handling facilities, inpatient facilities, and secure community transition
facilities, a Type V process takes substantial time. Consistency, and urgency alone argue for the Type III
discretionary review pathway as opposed to a Type V.
B. Is there an urgency?
Approval of this use would respond to the county’s housing emergency and need for public facilities
providing both supportive and low-cost housing for persons experiencing housing insecurity and/or
chronic health issues. Out of recognition of this emergency especially for persons who are unsheltered,
extremely low income and/or experiencing disabilities, the Board adopted an Emergency Resolution,
Resolution Number 35- 17 (See Exhibit 23). In this report, staff uses terms defined by the US Department
of Housing and Urban Development (HUD) (see https://www.hudexchange.info/faqs/crosscutting-
requirements/section-3/general/how-are-low-income-and-very-low-income-determined/ accessed
August 17, 2023) HUD defines those earning up to 80 percent of less of the area median income (AMI)
as low income; those earning up to 50% of AMI as very low income; and those earning up to 30% of AMI,
as extremely low income.
In the years since the county’s 2017 adoption of the emergency resolution, data suggests that Jefferson
County housing emergency not only continues unabated but has expanded to engulf our neighbor,
Clallam County. Based on a recent review, Jefferson County successfully permits housing that is
affordable to households earning above the area median income, as most new housing falls into this
category (see The Building Industry of Washington Report: Cost of Constructing Homes in Washington,
Feb. 2023 accessed online August 16, 2023 https://www.biaw.com/wp-content/uploads/2023/02/Cost-
of-Construction-Homes-in-Washington-Feb2023.pdf ) However, the county is unable to meet the needs
of lower-income households, and thereby failing to implement the Comprehensive Plan Goal HS-G-1
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‘Encourage and support efforts to increase housing availability for county
residents of all income groups’
While the county is aware of several projects in early planning phases that are designed to address the
lowest income groups, including Habitat’s Mason Street and Bayside’s Port Hadlock Motel, only Peter’s
Place has been completed with great fanfare (see, Twietmeyer, Nick. “‘Peter’s Place’ tiny house village
unveiled in Port Hadlock.” The Leader. January 8, 2021 (accessed August 17, 2023
https://www.ptleader.com/stories/peters-place-tiny-house-village-unveiled-in-port-hadlock,73128))
Based on the county’s 10 year housing plan, DCD documented 37 beds for low income households in the
county outside of the city limits without Peter’s Place or market rate stakeholders offering units for rent
below market rate. These are associated with OlyCAP’s South Seven project and Bayside Housing’s Old
Alcohol Plant (see page 13, footnote 1 of the History Section for the source).
The most recent housing affordability data documents that regional affordability has worsened since the
county’s adoption of that 2017 resolution. As a key provider of real estate research and housing data
across the State of Washington, the Washington Center for Real Estate Research (the Center), primarily
funded by the State legislature, provides robust data and market reports. The Center’s most recently
available data paints an increasingly dire picture of Jefferson County’s affordability, and further
illustrates that this use is clothed in a public interest. In its most recently published report of county
data, 4th quarter of 2022, the Center illustrates housing affordability numerically from a high of 95 to a
low of 29 with lower numbers indicative of worsening affordability. For first time homebuyers, Jefferson
County received an affordability rating of 40, which ties with both King and Clallam counties as the third
least affordable. Both San Juan County and Chelan County which respectively were 29 and 37 are the
only counties where affordability was worse (see WCRE’s Housing Affordability Indexes | (uw.edu),
accessed August 13, 2023). When comparing cities, first time homebuyer affordability ranged from a
high of 66 to a low of 25. The City of Port Townsend is 25, earning it the title as Washington State’s least
affordable city for first time homebuyers, as documented by the Center’s most recently published fourth
quarter of 2022 data. The runner up, the City of Mercer Island, at 27 is slightly more affordable for first
time homebuyers. This data suggests a crisis not only for extremely low-income households which HUD
defines as households those earning 30% or less of the area median income (AMI) but also for the
workforce.
Washington case law illustrates that local governments have wide latitude in permitting shelters as
either a public purpose facility, a Type III process, or an essential public purpose facility, a Type V
process. One case in particular is noteworthy; in response to a nongovernmental organization’s
complaint that a Board erred in ruling that centers and shelters serving people experiencing
homelessness are not essential public facilities under the GMA, a Hearings Board ruled that the “GMA
did not require day use centers and overnight shelters serving people experiencing homelessness to be
identified as essential public facilities under the GMA as a matter of law but that the City had discretion
to do so” (See, re: Homeward Bound in Puyallup v. Central Puget Sound Growth Management
Homeward Bound).
Approving this use as a public purpose facility would be the most expeditious, conscientious and
consistent pathway. The Essential Public Purpose Facilities designation, as an alternative review and
approval pathway, is not consistent with the spirit or intent of the Board’s emergency legislation and
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past practices. As required for Type V permits, the essential public facilities designation requires
Planning Agency review and submittal of recommendations to the Board. Such an approach increases
costs by lengthening the overall review timeline thereby failing to respond adequately to a declared
housing emergency (see Exhibit 23 -Emergency Resolution 35-17 and Interim Control Ordinance 10-
1221-20). This designation would also be inconsistent with past county practices where the public
purpose facilities designation has been used, including for Fire Stations, the Public Utility District, the
Jefferson County Historical Society, and other uses (see Exhibit 24). Frail individuals with disabilities who
are unsheltered may not survive extreme weather emergencies. Increased processing times and cost
arising out of the Type V process envisioned for essential public facilities would be unwarranted.
Furthermore, increasing the timelines by utilizing a Type V process, as opposed to the Type III, would
result in project approval after the State Building Council’s new codes become effective in October 2023,
thereby also increasing construction costs in addition to the timeline.
C. Why is this use classified as unnamed institutional and public purpose facilities?
Pursuant to Jefferson County Code (JCC) 18.10.090 I definitions and JCC 18.15.045 Unnamed Uses, the
UDC Administrator classified the emergency shelter and 40-Space Park, as an ‘unnamed institutional
use’. The basis for this classification lies in the UDC definition which states: ‘“Institutional facilities or
development” means structures and related activity areas used by organizations providing education,
social, or noncommercial recreational services to the community, including performance halls,
government service offices, facilities for assembly, colleges, primary and secondary schools, museums,
and libraries.” The Administrator considers the emergency shelter and 40-space park for individuals
who are unsheltered similar to structures and related activity areas used by organizations providing
social services. Henceforth, Jefferson County reviews Caswell-Brown Village as an ‘unnamed institutional
use’ pursuant to JCC 18.15.040 Public Purpose Facilities Categories of land use.
According to JCC 18.10.180 ‘“Public purpose facilities” means lands and facilities needed to provide the
full range of services to the public provided by government, substantially funded by government,
contracted for by government, or provided by private entities to meet public service obligations.’ The
UDC Administrator recognizes this as a public purpose facility based on three specific findings. First,
OlyCAP secured state and local government grants to construct and operate the facility (see Exhibit 25 –
Award Letter). Additionally, Caswell-Brown Village is substantially funded by government through
Jefferson County’s use of American Rescue Plan Act (ARPA) funds - the third round of Coronavirus
economic impact payments - to purchase the site for $600,000, and lease it to OlyCAP at a below market
rate of $10 per year (see Exhibit 26 – OlyCAP Lease). Finally, Jefferson County entered into a
professional services agreement with the applicant, OlyCAP, to meet the public service obligation of
providing housing for income groups whose earnings are so low that they cannot obtain housing
otherwise. For the foregoing reasons, the use fulfills a public purpose which is highlighted by Jefferson
County’s declared housing emergency.
D. Why is the county requiring a conditional use permit and attaching SEPA mitigations?
Unnamed institutional uses under public purpose facilities are listed as “D” for discretionary in
18.15.040 Table 3-1 which means that the UDC Administrator has the discretion to choose the
appropriate pathway. Guidance is provided through JCC criteria, specifically pursuant to JCC 18.15.045
(2) Unnamed uses, which states: “the UDC Administrator shall use the criteria contained in JCC
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18.15.040 (2) to determine and establish whether the proposed unnamed use shall be classified as an
allowed use, a conditional use or prohibited with the appliable district.” Using the nine criteria listed in
JCC 18.15.040(2)(a) thru (i), the county determines that a conditional use permit is required pursuant to
(h) which states:
Shares characteristics common with but not of significantly greater intensity,
density or that generates more environmental impact than those uses allowed
in the district in which it is to be located.”
The county identifies the need for a CUP given that the use is on the upper end of intensities that have
been normally allowed in the rural residential zoning district (1 Unit /20 acres). To see a list of similarly
approved permits using the public purpose facilities designation, please review Exhibit 24. The purpose
according to JCC 18.15.015 (1) (c) is ‘to provide a buffer in areas adjacent to UGAs and designated forest
and agricultural lands of long-term commercial significance, as well as protecting areas identified as
possessing area-wide environmental features which constrain development such as shoreline areas or
areas of steep and unstable slopes. The [RR 1:20 zoning] district also protects land from premature
conversion to higher residential densities prior to an established need.’
E. Adopted regulations governing existing use are temporary
In June 2022, Jefferson County codified Temporary Housing Facilities (THF) in JCC 18.20.385, as a Type II
process in Table 8-1 Permits – Decisions. The THF designation is distinct and apart from the Type V
processing for essential public facilities. The purpose of THF is set forth below:
The purpose of this section is to allow and establish a review process for the
location, siting, and operation of temporary housing facilities for unsheltered
and unhoused individual s and families within Jefferson County.
Subsequent to this adoption, the applicant, OlyCAP submitted an application for the county’s first
temporary housing facility. The applicant now proposes to convert this use from a temporary use to a
permanent one, and also to expand the site by adding an emergency shelter.
F. Public Services
After approval of the temporary use at the new Mill Road site, East Jefferson Fire Rescue (EJFR) and the
Port Townsend Police Department documented the number of calls to the American Legion site (see
Table 1). The combined call volume suggests that there will be an increased demand for public services
at the Caswell-Brown site upon the American Legion Shelter’s closure. The current American Legion
lease expires in 2024, and OlyCAP which also manages that site has stated that the existing American
Legion shelter will close then with the expectation that the Caswell-Brown site would accommodate
those who currently use the American Legion site for shelter.
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TABLE 1: First Responder Calls to American Legion Site
PORT TOWNSEND
POLICE CALLS
EAST JEFFERSON FIRE
RESCUE CALLS
TOTAL
2017 76 21 97
2018 59 21 80
2019 81 22 103
2020 54 23 77
2021 41 38 79
2022 49 36 85
2023 56 as of 7/26/23 16 as of 7/25/2023 72 as of 7/25
Source: call summaries provided by first responder agencies listed in Exhibits 19 to 21
Based on the public service needs documented in Table 1, a conditional use permit is required and SEPA
mitigations are included. Whereas Type II administrative permitting pathway includes public input and
authorizes the United Development Code (“UDC”) Administrator to make a final decision, as occurred
with the temporary siting of the 40-lot park under these newly adopted THF regulations, the Type III
CUP process applies to the expanded permanent site, acknowledging potential impacts to public
services as documented by communications with first responders (see Exhibits 19 to 21). Performance,
use and building standards in JCC 18.20.385 and JCC 15.05.065 reduced impacts to less than a significant
level and would no longer apply once the Village shelter becomes permanently sited. Jefferson County
therefore issued a Mitigated Determination of Non-Significance (MDNS) under SEPA’s substantive
authority with mitigations necessary to reduce, minimize or mitigate the impacts.
G. How CUPs are reviewed and authorized?
Conditional Uses are codified in the Jefferson County UDC Title 18 Jefferson County Code (JCC)
18.40.490 – 600 and requires a public hearing before the Hearing Examiner. Importantly, this is despite
the prior approval of the 40-lot park; this prior approval through the Temporary Housing Facilities (THF)
ordinance is approved temporarily, i.e., for 180 days with extensions authorized to 2 ½ years pursuant to
housing facilities regulations adopted in June 2022. As discussed later in this staff report under the
project phasing section, the THF is considered phase 1 of the Caswell-Brown project. Hence, this
permanent housing facility shall be reviewed pursuant to Table 3-1 under “public purpose facilities’
unnamed institutional uses. Type III processes are prepared by a staff planner, and reviewed and
approved by the Jefferson County Hearing Examiner. The Hearing Examiner’s decision can be appealed
to the Superior Court.
H. Determination of Completeness / Notice of Application
On November 25, 2023, the county found the application complete. On May 3, 2023, Jefferson County
published a Notice of Application and likely SEPA Threshold Determination in the Port Townsend Leader,
the county’s newspaper of record.
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III. SEPA ENVIRONMENTAL REVIEW:
A. Review Process
The proposed CUP for Caswell-Brown Village requires State Environmental Policy Act review. Jefferson
County is the Lead Agency pursuant to WAC 197-11-055. Due to the complexity of this project, physical
and mental health needs of need of some proposed occupants, offsite impacts associated with
individuals who were unsheltered and camping during the pandemic at the Jefferson County
Fairgrounds broadly covered in the local newspapers, and the public service calls identified in Table 1,
the Lead Agency determined that this project requires reauthorizing the Unified Development Code
requirements in JCC 18.20.385 as SEPA mitigations to reduce, minimize or eliminate the potential
increased demand for public services. On August 9, 2023, the county posted a second notice of
application, public hearing, and Mitigated Determination of Nonsignificance (MDNS) supplementing the
May 3, 2023 notice, and acknowledging that the optional DNS process of the State Environmental Policy
Act (SEPA), Washington Administrative Code (WAC) 197-11-355 had been used. Review of the proposal’s
probable adverse environmental impacts resulted in an MDNS on August 9, 2023. This determination
was based upon a review of the SEPA Checklist, project submissions, and other available information.
Policies and performance standards found in the Unified Development Code inform permit conditions;
only those impacts not addressed by the UDC result in mitigations, as more fully set forth in the MDNS.
Conditions or measures not required under SEPA are set forth in this staff report.
B. SEPA APPEALS
Jefferson County established administrative appeal procedures pursuant to WAC 197-11-680 (3) in JCC
18.40.330 (3) SEPA Decisions, which states: “the responsible official’s DNS or MDNS may be appealed to
the hearing examiner by the applicant or anyone commenting on the environmental impacts of the
proposal (as further set forth in JCC 18.40.780). The appeal must be in writing, in conformance with
Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure Appeals of environmental
determinations under SEPA shall be consolidated with any open record hearing on the project permit.
(See RCW 36.70B.110(6)(d).) Pursuant to this requirement, any SEPA appeal shall be consolidated and
heard at the Public Hearing scheduled on August 29, 2023 at 1pm for consideration of this Conditional
Use Permit. Comments submitted after August 23, 2023 may not be considered in the final staff report.
In the event that there is a SEPA appeal or comments submitted on or before August 23, 2023, a
supplemental staff report shall be issued by 4:30pm on Friday, August 25, 2023 and available online at
https://test.co.jefferson.wa.us/WeblinkExternal/0/fol/4745293/Row1.aspx.
IV. Project Phasing
As previously mentioned, OlyCAP submitted an application to construct a Temporary Housing Facility
(THF). The THF is authorized by the June 2022 adoption of Ordinance No. 05-061322, which is a newly
adopted Unified Development Code section that added JCC 18.20.385 to the UDC and JCC 15.05.065 to
Title 15 Buildings and Construction. The permit Temporary Housing Facilities for the unsheltered and
unhoused as a Type II discretionary process in JCC Table 8-1. Among other amendments, the Temporary
Housing Facility expands the county’s definition of temporary structures, creates performance and
development standards including substantive requirements such as a submittal checklist; equity
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considerations related to siting and operations, and transportation, perimeter, safety and security plans
to implement Crime Prevention Through Environmental Design (CPTED) and reduce spillover impacts.
Under this prior permit, OlyCAP commissioned clearing, excavating, grading, utilities, road approach,
addressing and siting of 20 tents and recreational vehicles (RV) on the site designated later to be the
new emergency shelter (See Exhibit 5 – prior approvals). Permitting in this phase included addressing
(ADR2021-00142) to ensure that first responders could easily find the site; stormwater management
(ZON2021-00060) to ensure that surface water is adequately managed; septic system technical support
(OTH2021-00017) and approval (SEP2021-00229) to ensure the adequacy of the septic system; access
(RAP2021-00099) to ensure safe access to the site by users, visitors and others; utility placement
(UTL2022-00029) to provide onsite utilities; septic operation and management (SOM2023-00045) to
ensure ongoing maintenance and operational support.
FIGURE 2: Phasing Plan
Phase I – Temporary Housing Facility’s Upper site - (Previously permitted and constructed pursuant to
Ordinance 05-061322. This site will be repurposed as the Emergency Shelter in phase III) Phase I included
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20 tents and recreational vehicles (RV) inspected by the Jefferson County Community Development
Department as part of the Temporary Housing Facility.
Phase II – Temporary Housing Facility’s Lower site- (Previously permitted and constructed pursuant to
Ordinance 05-061322. This portion of the parcel has already been repurposed as the new site of the
Temporary Housing Facility, recommended to be approved under Phase III, as a permanently sited
Caswell-Brown RV/Tiny Shelter Park.) For phase II, construction related work included: clearing,
excavating, grading, utilities, campsite development, utilities to each campsite, installation of the
temporary shelters, septic system and conversion of tent campers into tiny shelters and moving them
from the upper site to the lower site along with the recreational vehicles. Previously permitted.
Phase III – Emergency Shelter with Permanent Supportive Housing & RV/Tiny Shelter Park (Caswell-
Brown Village) – The 40-bed emergency shelter with permanent supportive housing is planned for
construction on the parcel’s upper site that formerly contained the Temporary Housing Facility.
Additionally, the Temporary Housing Facility will transition from a temporary use for RVs/Campers and
Tiny Shelters for those individuals who are unhoused or unsheltered to a permanent site.
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V. Site Context, Previous Site Usage, and Zoning
A. Site Context and Description of Surrounding Uses
The red line roughly delineates the Port Townsend City limits. Caswell-Brown Village is proposed to be
located on Accessor’s Parcel Number (APN) 001 162 001 which is 21.81 acres and is the largest of the
parcels to in the graphic below. Zoned rural residential with a base density permitting one dwelling unit
for every 20 acres (R:
1/20), the parcel abuts
several significant land-
uses either in long term
operation or planned.
The Port Townsend
Paper Mill established in
1927 and its associated
buffer parcel(s) are
situated to the east. The
future Evans Vista
Master Planned
Community and
associated supporting
infrastructure lie directly
to the northeast.
Figure 3: Aerial Site Photo
To the South
Six parcels abut Caswell-Brown Village to the south. From east to west along the parcel’s southern
boundary, four of the six parcels are owned by Jefferson County (three of these are highlighted in white
lettering above with the words, “outside of village” and include APN 001 162 002, 001 162 003, 001 162
004). The fifth parcel is owned by Discovery Timber Company, and the sixth parcel lying adjacent to
Highway 20 and furthest west is owned by the Jefferson Land Trust. This parcel abuts Highway 20, and
remains vegetated which is consistent with the county’s long-term goal of reducing the potential for
strip development on both sides of Highway 20 from the city limits to Old Fort Townsend Road
characterized by a linear pattern of individual commercial uses along state Highway 20, made up
CASWELL-
Brown Village
APN 001 162 001
County-owned property
(Outside of village)
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primarily of single-story buildings each with a separate driveway and parking area (see Exhibit 27 -
Resolution Regarding Highway 20).
In the Caswell-Brown leasehold, Jefferson County reserved rights to maintain access to parcels under
county ownership through Mill Road and the Caswell-Brown Village site to ensure future consistency
with the above resolution. Lease provision 45 (See Exhibit 26, page 20 of 29) embodies this and states:
“OlyCAP shall allow reasonable access across the Leased Premises from the entrance to the Property on
Mill Road Southward to the adjoining and nearby parcels owned by the County, namely Parcel Nos.
001162002, 001162003, 001162004, 001162004, 001162015, and 001161001.” (See Caswell-Brown
Lease – Attachment E)
To the North
The proposed Caswell-Brown parcel abuts the Port Townsend city limits to the north and west. Moving
clockwise from the 0.59-acre City Entrance Park which contains the city’s official welcome monument
and is highlighted below in white, there is a 0.58-acre parcel occupied by Coon Plumbing that is within
the city limits and is zoned Mixed Commercial – Light Manufacturing. Further clockwise, there’s the City
of Port Townsend’s regional stormwater facility (see Exhibit 12). On the other side of Highway 20 across
from the Caswell-Brown Village, there is a 0.27-acre commercial parcel containing Mary’s Picture Frame
Shop which is sandwiched between Discovery Road, and West Sims Way, and is officially part of the City
of Port Townsend and is zoned C-II General Commercial.
Figure 4: North East Aerial
Port Townsend Regional Stormwater Facility adjacent to site (dated 4/21/2021)
Caswell-
Brown
Village
Coon
Plumbing
Park
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Most significantly, the City of Port Townsend envisions a new neighborhood to the site’s immediate
north. Future plans include a new sewer pump station for the proposed Evans Vista neighborhood.
Currently in the preliminary design and fiscal analysis phase, the proposed 14.4-acre Evans Vista campus
is envisioned to include 100 to 150 affordable, workforce and mixed-income housing units.
Figure 5: Evans Vista Master Plan
To the West
Lying immediately to the west is an undeveloped 69.69-acre parcel that serves as a buffer from the Port
Townsend Paper Mill’s heavy industrial uses. Zoned Heavy Industrial by Jefferson County, the site’s
existing performance standards require a minimum 100-foot setback. Construction of the Mill began in
1927 according to the official website https://ptpc.com/about/history/ The Mill’ unimproved land lies
directly to Caswell-Brown Village’s east. In the aerial photo below, one can clearly see the Paper Mill’s
settlement ponds, which are about 1,300 feet from the Caswell-Brown Village.
Figure 6: Port Townsend Paper Mill & Settlement Ponds
Caswell-
Brown Village
Caswell-
Brown
Village
Caswell-
Brown
Village
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To the East
A forested strip of land that’s designated as a buffer and reduces the potential for strip development is
on both sides of Highway 20. The buffer serves to visually separate the village site from roadway. The
Larry Scott Trail also known as the eastern terminus of the Olympic Discovery Trail starts on the
waterfront in downtown Port
Townsend and enters the
proposed Caswell-Brown
Village parcel to the north. The
two aerial photos document
that the trail is just outside of
the leased portion of the parcel
and that it traverses the parcel
just northwest of Caswell-
Brown Village’s entrance (see
Figures 7 & 8). Advanced since
the 1980s, non-motorized
connectivity across the Olympic
Peninsula through the Olympic
Discovery Trail now has wide-
ranging support across the 14
jurisdictions it crosses (see,
Matheson, Cory. 2021.
“Connections of Land, Sea and
Sky: Olympic Discovery Trail.”
Rails to Trails Conservancy. Due
to the trail’s regional
importance and the desire to
improve the trail’s safety, key
provisions within the lease
document the easement, and
the Public Works’ department
‘design changes to the sharp
corners on the Larry Scott Trail,’
as more fully set forth in Lease
Provisions 5 and 7
Figures 7 & 8: Larry Scott Trail Easement in Caswell-Brown Village
https://www.railstotrails.org/trailblog/2021/september/07/connections-of-land-sea-and-sky-olympic-
discovery-trail/ accessed August 6, 2023).
.
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B. Previous Site Usage
According to the Phase 1 Site Assessment conducted by Environmental Data Resources (EDR) that
investigated the proposed Caswell-Brown site, no identified contaminants are listed in any of the
fourteen databases searched specifically at the proposed location (see Exhibit 6 – Phase 1
Environmental Site Assessment (ESA), Executive Summary page 3 (PDF page 56 of 503)).
While there are thirteen hazardous waste sites within 0.5 miles of the subject site documented on the
Department of Ecology’s ALLSITES list, the Port Townsend Paper Mill appears to be the only site that
continues to generate. It is listed as a small quantity generator on the Resource Conservation and
Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984 RCRA-
SQG list and is located approximately 0.25 miles from the Caswell-Brown site (See Exhibit 6, ESA
Executive Summary pages 7 and 11).
The Port Townsend Paper Corporation was issued an air operating permit on August 17, 2022 with an
expiration date of August 31, 2027 because it emits, or has the potential to emit, 100 tons per year or
more of one or more air pollutants (See, Exhibit 8 – Air Operating Permit 0000922). Accordingly, the Port
Townsend Paper Mill Corporation is required to promptly submit a report of any deviations from permit
conditions. [WAC 173-401-615(3)(b)]. Recently, one such deviation is noted as documented by the
December 12, 2022 Department of Ecology penalty letter related to exceedances of particulate matter
originating from their recovery furnace, as documented by a third party, the Montrose Air Quality
Services LLC. (See Exhibit 28 – Penalty Letter). Nonetheless, the air permit supports a finding that
hazardous air pollutants are reduced to less than a significant level.
C. Zoning
The site is currently zoned rural residential one dwelling unit per twenty acres (RR 1:20). Based on the
public purpose and documented need for emergency shelters with supportive housing discussed in the
history section of this staff report, staff reviewed JCC 18.30.050 Table 6-1 Density, Dimension, and Open
Space Standards, and JCC 18.30.100 Table 6.2 Minimum Number of Parking Spaces Required for
Different Land Uses, to verify that the proposal is consistent with the county’s development standards
and recommends approving this proposal with the conditions of approval contained in the criteria
section.
TABLE 2: COMPARATIVE ANALYSIS OF PROPOSAL AND UDC
Unified Development Code UDC Requirements or CUP
approval guidelines
Proposed by Applicant
Zoning / Use Category
• Rural Residential
• Density: 1 Dwelling Unit for 20
Acres
• Table 3-1, JCC 18.15.040
Categories of land use
• Discretionary use pursuant to
Table 3-1 for all Unnamed
institutional uses, as this Public
Purpose Facilities would be
classified
No changes to zoning
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Number of Residents Until city sewer is available, the
approved septic permit determines
maximum load, as set forth below
1) Shelter: 50 beds / up to 75
persons or the approved septic
permit capacity, whichever is
less
2) 40-Space Park/ up to 75 persons
or the septic capacity, whichever
is less. (Existing capacity is 48
people pursuant to SEP2021-
00229, as set forth in the
Augusta 8, 2023 Environmental
Review Memorandum issued
using SEPA’s substantive
authority )
40 bed shelter with (50 beds would
be the maximum capacity by
including a double bed or bunk bed
in the three one-bedroom units,
and a bunk or double in the two
emergency shelter rooms)
Site Area 20 acres, Tax Parcel: 001162001 21.81 acres (source: Assessor’s
Website)
Lot Coverage Not Applicable
Impervious Surface 25% IMPERVIOUS COVERAGE: 17%
(source: Phase 2 site plan as built
5-10-2023)
Building Height
35 feet 23 feet 8 inches pursuant to
Attachment A
Setbacks
Side (west)
Front (south)
Rear (north)
Side (east)
35
35
35
100
305 feet
507 feet
568 feet
428 feet
Minimum Front and Road
Setbacks
Highway 20 (principal arterial)
Mill Road (formerly Glen Cove Road)
50
20 (local access road)
305 feet
428 feet
Landscaping
Must be in conformance with
recommendations in Exhibit 11,
CPTED Best Management Practices
Implementation of CPTED Best
Practices identified as a condition
of approval
Parking Spaces Required for
Unnamed institutional uses
Determined by the Administrator 27 and 19 spaces for the shelter
and 40-lot park respectively
D. History
The Conditional Use Permit (CUP) authorizing construction of an emergency shelter meets a verified
community need. According to a Point in Time count which occurs yearly, and quantifies the county’s
population of individuals who are unsheltered, 199 people were experiencing homelessness in Jefferson
County just prior to the COVID-19 pandemic. According to the county’s five-year plan to reduce the
unsheltered population, this pre-pandemic number is not reliable for it only includes 41 of the 96 youth
in Port Townsend and Chimacum School Districts who self-identified as homeless and does not address
the 191 individuals in need of shelter that Dove House, a county shelter provider, has had to turn away.1
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Just as lack of housing for the unsheltered in Jefferson County has a long history so too does the active
involvement of community to address the problem. COAST (Community Outreach Association Shelter
Team) was founded when five women joined forces because they believed Port Townsend did have
people experiencing a lack of housing.2 Sometime around 2004, a community member named Alison
Capener learned that no shelters existed in Jefferson County, yet knew there was a need in the
community. By August 2006, with still no place available, COAST met with Commander John Ettensberg
of the American Legion Post 26, who offered COAST space in the Legion basement at the corner of
Monroe and Water streets.3 Over the next few years, 600 volunteers, support from businesses, civic
groups and seemingly almost everyone in Jefferson County participated to meet needs of individuals
needing shelter.4
According to the Legion’s manager, the shelter initially only provided housing during inclement weather,
and then sometime after the great recession expanded to year-round operations.5 With this 2017
change from a winter shelter to a year-round shelter managed entirely by OlyCAP without COAST, the
mission expanded from getting people out of the cold to getting people back on their feet.6 In 2018, the
City of Port Townsend considered joining Jefferson County to support the shelter’s $120,769 summer
program which had 67 men and 19 women for a total of 2,425 bed nights; sixteen were veterans while
18 were seniors.7 Contrary to what some may believe, social services agencies document that most
individuals on the Peninsula who are unsheltered are local or have local connections through ties that
may include jobs, family, personal history or housing.8
Then came the pandemic’s social distancing requirements9, 10, eviction moratorium11 and new
uncertainty on the ability of law enforcement to rein in illegal drug activities.12 First, the urgency for a
larger Jefferson County emergency shelter with supportive housing increased during the COVID-19
pandemic. During this period, unsheltered individuals began camping at the Fairgrounds without the
county’s explicit permission; in fact, Commissioners noted that the Jefferson County Fair Association has
control of the property through a contract that runs through December 2022.13 The 30-something or so
individuals who were unsheltered and staying overnight at the American Legion were moved by OlyCAP
with funding from a $345,000 Washington State COVID-19 Outbreak Emergency Housing Grant to the
Tides Inn & Suites.14 Volunteers, and local businesses assisted by providing food, monitoring and getting
sundries.15 At the same time, Jefferson County authorized funding to the Fair Association, as they
complained extensively about a loss of revenue due to the campers who had no other housing other
than their tents and recreational vehicles now at the Fairgrounds.16
In these new settings, individuals could be separated from others to maintain safe social distances and
local businesses provided food. Just prior to their move, in March of 2020, Governor Jay Inslee issued a
proclamation establishing a moratorium on evictions due to the major economic impacts of the
Coronavirus pandemic (COVID-19).17 Effective March 18, 2020 to June 30, 2021, the eviction moratorium
was then extended by an Eviction Moratorium Bridge from July 1, 2021 to October 31, 2021. With the
state-mandated eviction moratorium, spillover impacts to the surrounding community increased and
was widely reported in the local newspapers. A complaint filed on behalf of some of the campers,
resulted in a Washington Attorney General’s Office statement that campers could not be evicted from
the fairgrounds under the state’s moratorium against evictions if they had been living at the fairgrounds
for two weeks or more.18 In February 2021, and then under a request for reconsideration in April 2021,
the Washington State Supreme Court ruled and then reaffirmed their ruling in the now famous Blake
decision that “Washington’s strict liability drug possession statute, RCW 69.50.4013, makes possession
of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine; leads to
deprivation of numerous other rights and opportunities; and does all this without proof that the
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defendant even knew they possessed the substance…., compel us (Washington State Supreme Court) to
conclude that the answer is yes—this exceeds the State’s police power.”19 This further reduced the
ability of local law enforcement to address issues arising out of illicit activities at the fairgrounds.
With the eviction moratorium ending on November 1, 2021, the County Commissioners began crisis
planning by identifying locations within the county and near services to house those individuals who
were experiencing homelessness. Three sites were reviewed, including a county owned parcel near Cape
George, another on 4 Corners Road near the Jefferson County PUD and Transit Center about three miles
outside of town, and a third on Mill Road at the city limits.20 With American Rescue Plan funding, the
County purchased the Mill Road site for $600,000.21 With space for the shelter nearing the end of its
useful life and out of recognition that the site may not meet the needs of many individuals who are
unsheltered and that fail to thrive in a congregate or indoor space without any privacy and often
support animals, it seemed paramount that county leaders find a new site.
During the pandemic, two notable deaths of individuals experiencing lack of shelter or supportive
services occurred. Victoria K. Brown was found lying face down on the ground outside her trailer at the
Fairgrounds in December 2020.22 Then in June 2021, John Caswell, 62, died in a grassy area in the Port
Townsend QFC parking lot.23 His death was attributed to the record heat wave that occurred. With this
as a backdrop, OlyCAP named the new site the Caswell-Brown Village.
1. Jefferson County and City of Port Townsend, Affordable Housing and Homelessness Taskforce,
Making Homelessness a Singular Occurrence, accessed July 26, 2023, Page 4,
https://test.co.jefferson.wa.us/WebLinkExternal/0/edoc/2801323/JC%20Homelessness%20Plan
%202019-2024%2010.5.pdf
2. O’Neal, Joyce. “Perspective: Here’s how COAST began the homeless shelter.” The Port
Townsend Leader. December 25, 2012. https://www.ptleader.com/stories/perspective-heres-
how-coast-began-the-homeless-shelter,47253 accessed July 27, 2023.
3. Ibid.
4. Ibid.
5. Saring, Bob. Brent A. Butler, History of the American Legion Shelter. Telephone Interview with
the Legion Manager, July 21, 2023
6. McFarland, Cydney. “Groups addressing details of a new Port Townsend homeless shelter.” The
Peninsula Daily News. March 31, 2017. https://www.peninsuladailynews.com/news/groups-
addressing-details-of-new-port-townsend-homeless-shelter/ accessed July 27, 2023.
7. McMacken, Jeannie. “City of Port Townsend to help with warm weather program.” The
Peninsula Daily News. March 23, 2018. https://www.peninsuladailynews.com/news/city-of-
port-townsend-to-help-with-warm-weather-program/ accessed July 27, 2023.
8. Gottlieb, Paul. “North Olympic Peninsula homeless mostly home-grown, according to official.”
The Peninsula Daily News. August 17, 2018. https://www.peninsuladailynews.com/news/north-
olympic-peninsula-homeless-mostly-home-grown-according-to-
official/#:~:text=North%20Olympic%20Peninsula%20homeless%20mostly%20home%2Dgrown%
2C%20according%20to%20official,-
by%20Paul%20Gottlieb&text=PORT%20ANGELES%20%E2%80%94%20Contrary%20to%20popula
r,Health%20program%20manager%20said%20Tuesday accessed July 27, 2023.
9. Gottlieb, Paul. “Shelter being set up on Peninsula during COVID-19 pandemic.” The Peninsula
Daily News. April 10, 2020. https://www.peninsuladailynews.com/news/shelters-being-set-up-
on-peninsula-during-covid-19-pandemic/ accessed July 27, 2023.
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10. Office of the Governor of Washington State, Stay Home Stay Healthy 20-25, Proclamation By the
Governor Amending Proclamation 20-05, Jay Inslee, March 23, 2020.
https://governor.wa.gov/sites/default/files/proclamations/20-
25%20Coronovirus%20Stay%20Safe-Stay%20Healthy%20%28tmp%29%20%28002%29.pdf
accessed July 27, 2023.
11. Revised Code of Washington 59.18.630 Eviction moratorium – Unpaid rent – Repayment plans –
Rental assistance. https://app.leg.wa.gov/rcw/default.aspx?cite=59.18.630 accessed July 27,
2023
12. Washington v. Blake, No. 98873-0 (WA. February 25, 2021)
13. Kelly, Brian. “Neighbors angry over homeless shelter at fairgrounds.” The Leader. September 21,
2020. https://www.ptleader.com/stories/neighbors-angry-over-homeless-shelter-at-
fairgrounds,71315#:~:text=Neighbors%20near%20the%20campgrounds%20continued,impacts%
20came%20back%2C%20as%20well accessed July 27, 2023.
14. Haight, Lily. “Tides Inn hosts homeless shelter residents to ease social distancing.” The Leader.
April 29, 2020. https://www.ptleader.com/stories/tides-inn-hosts-homeless-shelter-residents-
to-ease-social-distancing,69037 accessed July 27, 2023
15. Ibid.
16. McCauley, Mark. Fair Board concerns. Brent A. Butler, In person discussion, July 18, 2023
17. Ibid. Jay Inslee
18. Ibid. Kelly
19. Washington v. Blake, Washington Supreme Court, Denial of Motion for Reconsideration,
https://www.courts.wa.gov/opinions/pdf/968730.pdf
20. Brotherton, Greg. Site selection process. Brent Butler, Telephone interview 2nd quarter 2023
21. Kelly, Brian. “Jefferson County takes first step to buy land for homeless campground.” The
Leader. July 22, 2021. https://www.ptleader.com/stories/jefferson-county-takes-first-step-to-
buy-land-for-homeless-campground,76244 accessed July 27, 2023
22. Twietmeyer, Nick. “Drugs likely caused death of woman camping at fairgrounds.” The Leader.
January 22, 2021. https://www.ptleader.com/stories/drugs-likely-caused-death-of-woman-
camping-at-fairgrounds,73260 accessed July 27, 2023
23. Twietmeyer, Nick. Homeless man dies of heatstroke during record setting heat wave.” The
Leader. July 1, 2021. https://www.ptleader.com/stories/homeless-man-dies-of-heatstroke-
during-record-setting-heat-wave,75890 accessed July 27, 2023.
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VI. The Criteria (appear in italics)
1) The conditional use is harmonious and appropriate in design, character and appearance with the
existing or intended character and quality of development in the vicinity of the subject property
and with the physical characteristics of the subject property;
As illustrated in Figures 1 and 9, the shelter appears as a single-family structure, which is clearly
harmonious and appropriate in design, character and appearance with existing or intended character of
the Rural Residential zoning district Rural Residential 1:20. Furthermore, recreational vehicle parks are
already permissible in the RR 1:20 zoning district, as codified in 18.15.040, Table 3-1 Allowable and
Prohibited Uses. This table designates the approval process for recreational vehicle parks as a C(d),
meaning conditional uses, subject to criteria, public notice, written public comment and at the
discretion of the administrator, a public hearing procedure.
According to 18.15.015 (1) (c), as mentioned previously, “The purpose of this district [Rural Residential 1
Unit/20 Acres (RR 1:20)] is to provide a buffer in areas adjacent to UGAs and designated forest and
agricultural lands of long-term commercial significance, as well as protecting areas identified as
possessing area-wide environmental features which constrain development such as shoreline areas or
areas of steep and unstable slopes. The district also protects land from premature conversion to higher
residential densities prior to an established need.” Since this zoning district is intended as a butter, and
remains under county ownership, the combination of 40-space park, and emergency shelter on the
parcel abutting the city limits does not appear incongruous, as visually the site remains largely
surrounded by forested lands to the south and east, and heavily landscaped.
Figure 9: Rendering of Shelter
Generally applicable conditions, as set forth in the Unified Development Code, that need clarification, or
are included for emphasis are listed in the recommended conditions.
-------------------------------
2) The conditional use will be served by adequate infrastructure including roads, fire protection,
water, wastewater disposal, and storm water control;
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Requirements for roads, fire protection, water, wastewater disposal, and storm water control as
recommended for approval are set forth below. Recommended SEPA conditions related to public
infrastructure are expressly stated, as SEPA conditions.
-----------------------------------------
3) The conditional use will not be materially detrimental to uses or property in the vicinity of the
subject parcel;
The conditional use will not be materially detrimental to uses or property in the vicinity as any offsite
impacts are addressed by the mitigations adopted in the MDNS, Crime Prevention Through
Environmental Design implementation, and conditions.
Crime Prevention Through Environmental Design (CPTED)
CPTED (pronounced sep-ted) suggests that the design of buildings, landscapes and outdoor
environments can either encourage or discourage crime. The proper design and effective use of the built
environment can lead to a reduction in the fear of crime and the incidence of crime, and to
improvement in the quality of life. The three elements of CPTED are Territoriality, Surveillance and
Access Control. When used together, these elements strengthen total premise security and personal
safety. The Temporary Housing Facilities provisions contained in Jefferson County Code Section
18.20.385 implement key provisions associated with CPTED, including a) exterior lighting – while focused
on reducing glare in the premises, typically CPTED focused on increasing opportunity for natural
surveillance
Territoriality - Territoriality is a persons' desire to protect territory that they feel is their own and have a
certain respect for the territory of others. The extent to which someone will defend territory depends
on his or her personal investment in or responsibility for that property. Some considerations for clearly
defining property, include:
1) Is the property being used as a short cut?
2) Does the property have an unkempt appearance?
3) Are there seldom-used parts of the property where people loiter?
Findings: As part of the Temporary Housing Facilities approval, county staff including Chief Strategy
Officer Butler and Fire Marshal Cecere inspected the site and noted that some residents had established
that sense of territorial control though plantings around the Tiny Shelters. We also observed that
OlyCAP is keeping the site in a generally organized and clean state. The Larry Scott Trail is separated by
large hedges from the village, and generally directs passersby away from the site.
Surveillance - Criminals do not want to be seen. To defend property, one must be able to see any illegal
acts taking place. Placing physical features, activities and people in ways that maximize the ability to see
what is going on discourages crime. To evaluate the visibility of the Caswell-Brown Village, we asked: 1)
Does landscaping obscure the view to the property from neighboring properties? 2) Are all entrances,
exits and parking areas illuminated? 3) Are there areas around doors or windows where a person could
hide?
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Findings: Consistent CPTED concepts the shelter’s floor plan illustrates that the office also serves as a
monitoring station that is centrally situated around the reception and common rooms, a prevention
strategy that increases natural surveillance. The common rooms/reception area enable monitoring
through clear sight lines of the communal areas, the building entry, the building exterior, and the doors
to the men’s and women’s dormitories. The building will incorporate interior glazing (transparency) to
allow sight lines, while balancing the privacy of the residents. Additionally, the building is designed so
that it can be monitored 24/7 by OlyCAP on a limited operations budget.
Additionally, while buffers prevent visual access from surrounding roads, CPTED is implemented by
preserving those lines of sight (LOS) deemed necessary. These include LOS within the emergency shelter
by the central positioning of the office and also within the 40-lot park through the office’s location and
security cameras. Site access is through one road, which implements CPTED for the northern periphery
of the site.
Figure 10: Caswell-Brown – Emergency Shelter Site Plan
Figure 11: Caswell-Brown – Tiny Shelter and Recreational Vehicle Park
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Findings: CPTED is implemented in the lower site through lighting and vegetation. First, the lighting is
established throughout the site, as illustrated above by + which is visible at six different locations in the
above RV /Tiny Shelter site plan. The lighting used includes a range of high lumen devices, specifically
the TFX2 LED flood luminaire delivering 13,200 lumens equivalent to 250W metal halides on poles that
are ten to thirteen feet in height.
Figure 12: Lighting Devices
Additionally, a condition will require OlyCAP to use
hostile vegetation which are plants that are by nature
harmful to animals and humans. For example, vegetation
that is prickly upon the touch so that you bleed or itch
could reduce unauthorized camping. Some security firms
such as OPS Security Group recommends
Firethorn/Pyrachantha, Needle Palm Trees, and the
Yucca plant to address unauthorized access and
camping.
Access Control - Properly located entrances, exits,
fencing and lighting can direct both foot and automobile
traffic in ways that discourage crime. Access Control
denies or restricts access to a crime target, and it
increases the perceived risks of the offender by
controlling or restricting their movement. Factors to
consider in reviewing the application include: 1) Can
people trespass on the property without being seen by
others? 2) Are there many entrances and exits to the
property? 3) Do people access property in ways other
than intended?
Figure 13: Access
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Findings: As you can see in the site plan to the right, the roadway provides clearly marked transitional
zones that indicate movement from public to semi-private to private space.
------------------------------------
4) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
Outside of during construction, the project will have limited impacts. As set forth in the traffic analysis
submitted by PBS Traffic Consultants, the impacts of traffic will be minimal. Additionally, conditions of
approval, including will reduce, eliminate, or avoid any impacts during construction.
------------------------------------
5) The location, size, and height of buildings, structures, walls and fences, and screening vegetation
for the conditional use will not unreasonably interfere with allowable development or use of
neighboring properties;
As discussed in this staff report, the thresholds for height, bulk, and impervious surface maximums are
not to be exceeded, and therefore it is constructed within the parameters of the Unified Development
Code.
------------------------------------
6) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to
existing and anticipated traffic in the vicinity of the subject parcel;
As attested to in the MDNS, and the supplemental traffic letter, this project will not create a hazardous
condition to existing or anticipated traffic in the nearby vicinity.
------------------------------------
7) The conditional use complies with all other applicable criteria and standards of this Code and any
other applicable local, state or federal law; and more specifically, conforms to the standards
contained in 18.20 and 18.30 of this Code;
As set forth in this staff report, the proposal complies with all other applicable criteria and standards.
------------------------------------
8) The proposed conditional use will not result in the siting of an incompatible use adjacent to an
airport or airfield;
The site is not adjacent to or in the immediate vicinity of an airport or airfield.
------------------------------------
9) The conditional use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated through conditions of approval;
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The conditional use will provide human services to individuals experiencing housing insecurity, and who
are unable to obtain housing due to the documented county’s and the peninsula’s housing affordability
crisis.
------------------------------------
10) The conditional use has merit and value for the community as a whole;
As mentioned earlier in this staff report, Jefferson County continues to experience a housing emergency
and this CUP is therefore clothed in a public interest.
------------------------------------
11) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
There are three broad goals in the comprehensive plan’s housing element that speak to the needs of
individuals experiencing houselessness. This project implements all three. First, by supporting an effort
to increase housing availability for the population most difficult to serve, as set forth in Goal HS-G-1
below, this CUP meets a critical need filling the county’s void.
Goal HS-G-1 Encourage and support efforts to increase housing availability for county residents
of all income groups.
This will be the first purpose-built shelter, and 40-lot park for those experiencing housing insecurity and
implements: “Policy HS-P-1.1 Identify locations where housing development can be promoted and work
with inter-jurisdictional and public-private cooperative groups to increase a broad spectrum of housing
supplies including market-rate homes, moderately-priced homes, and housing for lower income
households.”
Additionally, this implements goal HS-G-2 by promoting a new type of housing that’s safe and easier to
construct. Referred to as Tiny Shelters, which are distinct from Tiny Homes, the shelters are constructed
for safety, and do meet other building code requirements such as the Energy Code. Instead these
structures are constructed with an eye toward minimizing cost and meeting life and safety
requirements. Tiny Homes, constructed in accordance with Appendix Q of the State Building Code, are
as costly to construct, and may actually be more costly per square foot than the average sized home, so
this alternative fills the void. Implementing the MDN requirements for a group of plans, implements
Goal HS-G-2 by promoting alternative development standards.
Goal HS-G-2 Promote a variety of housing choices throughout the county with innovative land
use practices, community redevelopment strategies, development standards, design techniques,
and building and infrastructure permit requirements.
Policy HS-P-2.1 Explore regulatory opportunities that help minimize costs to developing
affordable housing while ensuring that public health, safety, and environmental quality
standards are not compromised.
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Policy HS-P-2.5 Review and revise development standards and land use codes to allow for
manufactured home parks, other types of residential parks such as parks for tiny homes, and
community land and housing trusts in order to increase housing supplies
Goal HS-G-4 Pursue housing programs that address homelessness and encourage the development of
housing for people with special needs (individuals who require assistance for disabilities that may be
physical, medical, social, or psychological)
Policy HS-P-4.1 Allow for a continuum of care for special needs populations, in UGAs and Rural
Village Centers, including emergency housing, transitory accommodations, transitional housing,
assisted living, group homes, developmental disability housing, senior housing and low-income
housing.
Policy HS-P-4.2 Encourage and support the development and implementation of a transitory
accommodation permitting process that considers the variety of transitory accommodations
that may be deployed, for single-family, small and large indoor and outdoor transitory
accommodations in cooperation with willing public and private landowners
Policy HS-P-4.3 Coordinate with Olympic Community Action Programs, the Peninsula Housing
Authority, nonprofit housing providers, and other public and private housing interests to ensure
that low income and special needs housing is sited in locations that are adequately served by
necessary support facilities and infrastructure
12) The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area
Staff does not see any substantial detrimental effect through the approval of an CUP for this project.
Nor does the county identify any other similar actions in the region, whose cumulative effect is
detrimental. Most significantly, the public interest has been served by implementation of
Environmental Justice.
Environmental Justice
According to the United States Environmental Protection Agency website, Environmental Justice is the
fair treatment and meaningful involvement of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and enforcement of environmental laws,
regulations, and policies. This goal will be achieved when everyone enjoys
• The same degree of protection from environmental and health hazards, and
• Equal access to the decision-making process to have a healthy environment in which to live,
learn, and work (see, EPA website. Accessible August 4, 2023,
https://www.epa.gov/environmentaljustice ).
Arguably, environmental justice is served by housing those individuals who are experiencing chronic
housing insecurity, and including them in design and planning. According the OlyCAP’s Housing
Manager, Kathy Morgan, this occurred; specifically, she states: “OlyCAP worked with our partners and
monitors along with input from our client/customers currently in our shelters on the function and
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design.” She also said that they have transitional, emergency and permanent supportive housing, all on
the same campus, as a way to incorporate this input in Caswell-Brown’s phase 2 to make it full
functioning campus. In conclusion, the Housing Director stated: “All our partners and customers gave
voice to what they like and what they would want changed. We incorporated what we could into the
design.” This is a critical component of environmental justice, i.e., including the users in the design.
Additionally, there are other property owners in close proximity to the site. In fact, some of these
properties are available for prices higher than the county’s median income. Additionally, peer reviewed
journal articles attribute higher rates of mortality for individuals experiencing homelessness suggesting
that the impacts of living in close proximity to a generator, such as the Port Townsend Paper Mill, is
offset by benefits of being housed. (See Montgomery, Ann Elizabeth et. al. 2016. “Homelessness,
Unsheltered Status, and Risk Factors for Mortality.” Public Health Reports 131 (6): Nov-Dec 765-772.
Accessible online August 4, 2023 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5230839/) (See also,
Krieger, James and Higgins, Donna. 2002. “Housing and Health: Time Again for Public Health Action.”
American Journal of Public Health. May. Accessible online August 4, 2023
https://ajph.aphapublications.org/doi/full/10.2105/AJPH.92.5.758 )
The Phase 1 Site assessment finds the following: Historical records indicate the subject site was
undeveloped forested land that has been logged numerous times over the past 70 years. Until the
installation of septic system in 2022, and the Olympic Discovery Trail in 2013, there is no documented
site development other than the railroad line and the logging activities. The Olympic Discovery Trail was
constructed in approximately 2013 and has an easement
VII. STAFF RECOMMENDATION:
Based on the preceding findings and conclusions, staff recommends finding that the proposal is consistent
with the applicable plans and ordinances and that it meets the Conditional Use review criteria. Approval
of the Conditional Use Permit should be granted subject to the following conditions.
Recommended condition number 1
The uses of the subject property are limited to the uses proposed by the Applicant and any other uses
will be subject to further review pursuant to the requirements of the Jefferson County Code. Unless in
conflict with the conditions stated and/or any regulations, all terms and specifications of the application
shall be binding conditions of approval. Approval of this project shall not, and is not, to be construed as
approval for more extensive or other utilization of the subject property.
Recommended Condition Number 2
A decision set forth herein is based upon representations made and exhibits contained in the project
application (ZON2022-00152). The site plan as submitted with the Zoning Conditional Use Permit
application on October 25, 2023, as updated by the as-built 5-10-2023 has been reviewed for consistency
under the UDC, and approved by Jefferson County Department of Community Development. Any
modifications, changes, and/or additions to the stamped, approved site plans shall be resubmitted for
review and approval by Jefferson County Department of Community Development. Any change(s) or
deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to further review
and approval of Jefferson County and potentially the Hearing Examiner.
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Recommended Condition Number 3
Crime Prevention Through Environmental Design (CPTED):
The Community Development Department has reviewed this proposal for compliance with CPTED
principles and determined that they comply with plans that support safety and security regarding
natural surveillance, territorial behaviors and natural access controls. The Applicant shall be responsible
for maintaining these items because CPTED is not a one-time evaluation. Evaluation of vegetation and
lighting shall continue to take place postconstruction, and any additional access to the Larry Scott Trail
the (Olympic Discovery Trail’s eastern terminus) other than at the main entry point to the site shall be
reviewed by Public Works, and approved by the Department of Community Development after
consultation with police and fire regarding CPTED access control requirements. The Applicant shall
address any issues identified by the Director. Applicant shall upkeep the facility and grounds around the
facility, including controlling vegetation and maintaining lighting levels so that areas remain visible
without extensive light pollution. Few undesignated places shall exist for people to hide from public
view, and cameras are not blocked.
Recommended Condition Number 4
After five years of operation, and every five years thereafter, the Jefferson County Department of
Community will conduct a comprehensive evaluation to ensure that the project is being implemented as
designed and conditioned.
Recommended Condition Number 5
The Applicant agrees that, in the event the Applicant is determined by the Director to be incapable of
operating the facility for financial or other reasons, or if the facility is determined by the Director to be a
public nuisance, the conditional use permit may be immediately suspended by the Director on a
temporary basis and the facility shall remained closed until the hearing examiner determines whether to
revoke, suspend, or modify the conditional use permit pursuant to JCC 18.40.325. This condition does
not limit other remedies that the property owner may elect to enact.
(SEPA) condition Number 6
Public Services:
The applicant shall submit for review and approval to Jefferson County Department of Community
Development five plans substantially similar to the requirements contained in Jefferson County Code
Chapter 18.20.385, including:
1) Safety and Security Plan,
2) Operations Plan,
3) Transportation Plan,
4) Perimeter Plan, and
5) Communication and Coordination Plan.
Specifically, the applicant is required to complete these plans in consultation with the first responder
agencies (Jefferson County Department of Public Health, City of Port Townsend Police Department,
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Jefferson County Sherriff’s Office, East Jefferson Fire Rescue) and shall submit them to the Department
of Community Development one year after operation between April 15 and June 1, and every year
thereafter within this timeframe so long as the shelter or 40-lot park remain operational. Based on the
annual report, the Community Development Department may require amendments to the plan or
conditional use permit to address these issues.
SEPA Condition Number 7
A lighting element shall be incorporated in the Safety and Security Plan, and submitted and approved
prior to the issuance of a building permit to ensure incorporation of CPTED principles, and that there is
no off-site glare to the street or adjacent properties.
Recommended Conditional Number 8
All required permits shall be obtained prior to commencement of land clearing, construction and/or
occupancy for phase III
Recommended Condition Number 9
Construction plans and profiles for all roads, storm drainage facilities and appurtenances prepared by
the developer’s engineer shall be submitted to Jefferson County for review and acceptance. No
construction shall be started prior to said plan acceptance.
Recommended Condition Number 10
Stormwater quantity control, quality treatment, and erosion and sedimentation control shall be
designed in accordance with the geotechnical recommendations, as set forth in Exhibit 7, and pursuant
to Jefferson County Code 18.30.070 Stormwater management standards, and the Jefferson County
Public Works Department shall issue final approval. The submittal documents shall be prepared by a civil
engineer licensed in the State of Washington. The fees and submittal requirements shall be in
accordance with Jefferson County Code in effect at the time of application or Building Permit if site
development review is required. Payment of fees or approval of a fee waiver by the Board of County
Commissioners shall be required prior to county review.
Recommended Condition Number 11
Any work within the County right-of-way shall require a Public Works permit and possibly a maintenance
or performance bond. This application to perform work in the right-of-way shall be submitted as part of
the Building Permit process. The need for and scope of bonding will be determined at that time.
Recommended Condition Number 12
All structures, tents, RVs, tiny shelters, and common use structures, shall be subject to annual
inspections by the fire marshal per International Fire Code Section 104.
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Tiny Shelter and 40-lot Park Conditions consistent with JCC 15.05.065
Recommended Condition Number 13
RVs, tiny shelters, and common use structures containing a sleeping area must contain one operable
window that allows for user-controlled ventilation. The window must meet egress requirements and be
located on a separate wall from the door. Alternatively, an outswing door allowing egress from the tiny
shelter may be substituted for the operable egress window. If egress requirements are met by an
outswing door, a landing appropriately sized for the swing of door is required, and a handrail must be
provided if the landing is over 30 inches in height.
Recommended Condition Number 14
Locks or latches on doors and windows that might inhibit an emergency escape from within the unit are
prohibited. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does
not require the use of a tool or key to lock or unlock it from inside the unit.
Recommended Condition Number 15
Tents must have a minimum separation of 10 feet from other tents or structures, including but not
limited to RVs, tiny shelters, and other buildings. If tents or other membrane shelters are made of fire-
retardant material, they may have a minimum separation of five feet from each other or from other
structures. Tiny shelters, RVs, and buildings require a minimum separation of five feet. If the site has a
mix of tents, RVs, and tiny shelters, the most restrictive minimum separation between the two types
applies. Separation distance is measured from the end of any protrusions from the structure such as
awnings.
Recommended Condition Number 16
Each temporary structure and any common use building must contain a combination smoke/carbon
monoxide detector with 10-year lithium batteries. The operating entity shall ensure that all such
detectors are properly placed and maintained.
Recommended Condition Number 17
Each temporary structure and any common use building must contain a fire extinguisher with a
minimum rating of 1-A:10-B:C. The operating entity shall ensure that all such detectors are properly
placed and maintained. Fire extinguishers shall be inspected annually as required by the International
Fire Code.
Recommended Condition 18
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The following items and activities are prohibited within or adjacent to any tent or tiny structure: any
open flame including candles, burning of incense or other types of open flame or fuel gas appliances or
other equipment, convection or toaster ovens, or hot plates. Microwaves are allowed. Cooking
activities, outside the use of a microwave, are only allowed in an officially designated cooking area.
Recommended Condition Number 19
The site plan shall include roadways throughout the site that provide adequate emergency response
vehicle access and turnaround, including a hammerhead turnaround.
Recommended Condition Number 20
If there is a gate to the Caswell-Brown Village, an established Knox box with a master key will be
provided for fire officials. If the buildings have locks, a master key to all units will be placed in a Knox box
for fire officials.
Recommended Condition Number 21
No smoking or vaping is permitted within any temporary structure as defined in JCC 18.10.200, including
tents, RVs, tiny shelters, and any other structure designed to provide personal and private shelter to an
individual or family. The operating entity must provide a separate dedicated smoking area which is
strictly enforced at all times to reduce, minimize or eliminate impacts to adjacent property owners and
occupants of the tiny structures.
Recommended Condition Number 22
Combustible waste material shall be controlled in accordance with the current adopted International
Fire Code Section 304.
Recommended Condition Number 23
For any tiny shelter, an exterior porch light is required if dusk to dawn exterior lighting is not provided
on the grounds of the temporary housing facility. The exterior porch light must be hard-wired with
outlets.
Recommended Condition Number 24
Any in-wall mounted heaters or freestanding heaters must meet national standards such as UL and
auto-tilt shut off. All tiny shelters must be permanently affixed with an “Emergency Shelter” label on the
door frame of each unit.
Recommended Condition Number 25
Any tiny shelter must have a Class C interior fire rating (painted plywood) or drywall.
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Recommended Condition Number 26
The fire marshal may determine that hazardous environmental conditions warrant the temporary
restriction or prohibition of smoking or vaping per International Fire Code Section 310.8.
Recommended Condition Number 27
All structures shall be provided with a landing, with steps and a handrail when necessary as specified in
the International Building Code.
Recommended Condition Number 28
Tiny shelters must have a door with a minimum opening of 32 inches.
Recommended Condition Number 29
Common use structures like restrooms, bathing facilities or kitchens must be labeled by Washington
State Labor and Industries or built to International Code requirements and permitted by Jefferson
County. All emergency shelters will be supported by a temporary foundation as approved by the
building official.
Recommended Condition Number 30
Any tiny structure, or structure with more than one sleeping area, must be built to International
Residential Code Appendix Q – Tiny Homes or be affixed with a label from Washington State Labor and
Industries
Recommended Condition Number 31
A fire flow availability letter shall be provided.
Recommended Condition Number 32
Site fire hydrants shall be provided if required by the Fire Marshal. Existing hydrants will be considered,
if within approved locations.
Recommended Condition Number 33
Fire access shall be provided for all on site structures and shall be provided in approved locations.
Recommended Condition Number 34
Fire access roads shall be a minimum of 20 feet in width, 13 foot 6 inches clear height and shall be
constructed of an all-weather surface designed to tolerate the load of a 60,000-pound apparatus. Any
fire access road that dead-ends and exceeds 150 feet in length, shall be provided with a turnaround. The
intended fire access routes shall be clearly indicated on civil plans. Approved marking of fire access
roads will be required.
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Recommended Condition Number 35
Separate structures constructed on site shall meet the requirements of Chapter 6 of the IBC for
separation distance, unless specifically exempted.
Environmental and Public Health Conditions
Recommended Condition Number 36
The Applicant’s permit is conditioned upon meeting the requirements of JCC Chapter 8.05 regarding
Food Service Sanitation, if applicable.
Recommended Condition Number 37
The Applicant’s permit is conditioned upon meeting the Solid Waste regulations contained in JCC
Chapter 8.10.
Recommended Condition Number 38
The Applicant’s permit is conditioned upon meeting the regulations outlined in the On-site Sewage
Code, JCC Chapter 8.15, and occupancy shall not exceed for the Shelter: 50 beds / up to 75 persons or
the approved septic permit capacity, whichever is less and for the 40-Space Park/ up to 75 persons or
the septic capacity, whichever is less.