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HomeMy WebLinkAbout010524 Zoning Permit Application ZON2023-00016--- ON, -.„.., .'r. , r % =Ilti U,S CN- it— g, tri 0 11 c--- :13 ri z0 -,--- , 71-z-3 ta —4 ...< , ......... k ......_ r.,. ....., ::, ..._ to U3 -...... --------• ----=------- co _.------- c.) __—=--------= CD -----.-r--.... 1 .) :77-.-------- ^.•''.----..------ 71 C 1 3N' 4 fe 55Z t .33 3 2 'C I) Cri • 4t. 4) --i00 71 co - co 0 U) NI op * M --I k3-N 600 N.3 ... ci, - .... . r„ C co 0 a R D January 3, 2024 AN 0 5 7_OO24 Board of Jefferson County Commissioners JEFF r, !7 ,1 Kate Dean Heidi Eisenhour Chair, Greg Brotherton Dear Commissioners, I am writing to you about a Jefferson County Public Notice of Type II Zoning Permit Application ZON2023-00016, that we received on December 15, 2023 (postmarked 12/13/23). We have been in communication with the Project Planner, David Johnson, and summitted our comments regarding this application to the Department of Community Development before the allotted two-week- deadline of December 29, 2023. We have included with this letter all the materials presented to the Department of Community Development: The 12/07/23 letter from Michael Tyers of Newport Academy, our 12/19/23 response letter, the Jefferson County public notice of the Newport Academy's permit application, the public notice envelope postmarked 12/13/23, our ZON2023-00016 permit application comment letter (12/23/23) addressed to David Johnson and submitted to the office of Community development on 12/28/23, and a copy of the Jefferson County parcel map indicating the shared property lines with Newport Academy & their footage. Our rationale for forwarding the material we sent to the Jefferson County Department of Community Development is to alert you to the expansion of a mental health facility in a land use code area of "11 — Household, single-family units". When we moved to Port Townsend in April of 1997, we purchased two contiguous parcels with adjoining property lines with Greywolf Ranch. At that time, the residents at Greywolf Ranch were teenagers medically stabilized elsewhere and sent to Greywolf Ranch for follow-up mental health care for their substance abuse. Greywolf staff and residents were respectful neighbors. I never heard a neighboring household complain about Greywolf, even when asked. In June of 2019, Newport Academy bought the four parcels that were once Greywolf Ranch and we noticed a difference right away. The first encounter was with a staff member leading a group of teenagers across our property to the neighboring property. When we told her she was not on Newport Academy property, one of the male teenagers in the group started yelling rather rude remarks at us which continued as the staff member led the group back to Newport. Since that first encounter the residents have been on our property without staff supervision, harassing my animals, arguing with me about property lines, dropping their pants to show off their butt, running from the sheriff after threatening to harm anyone that gets in their way, always requiring at least two requests to return to Newport, ignoring me or standing and staring at me. If I am not at the barn and my neighbor hears them harassing my animals, he only needs to tell them once to leave and start walking toward them and they run back to Newport. I would never attempt to approach them based on their previous behaviors. I do not contact Newport about each encounter because it would be too time consuming and has not helped in the past. One staff member shared that the residents took advantage of the shift change when less staff were available to monitor their activity. When suggesting to staff that a fence would help keep residents on Newport property, they respond that they don't want the residents to feel like they are in a prison. When you go on the Newport Academy website for male residents in Washington State this is what it says: "Newport Academy Washington State is located outside of Seattle in the stunning Pacific Northwest. Surrounded by lush forests; pristine, mountainous shorelines; and tranquil waters, our residential treatment facility offers young men in their teens and early adult years a secure environment in which they can safely overcome challenges and focus on healing from their mental health concerns. Just a few hours from the Seattle airport, our campus features serene spaces for personal reflection, natural amenities that support physical well-being, dedicated rooms for experiential therapy, and common areas for group sessions that foster community." They do not mention Port Townsend, probably due to the rural nature and small size of this area. The female Washington State facility is in Kirkland. I am not sure what they mean by "a secure environment" for the young men in their teens, but Newport Academy is certainly not providing a secure environment for anyone living in the surrounding land use code parcels "11— Household, single-family units". Newport Academy cannot keep track of their current 26 residents, what will happen when they have 40 mental health teenage residents waiting for shift change so they can trespass on surrounding properties. My neighbor recently discovered one of the "serene spaces for personal reflection" on my property. A crudely made sign indicating it was a favorite star gazing site for Newport Academy residents. Star gazing is usually an after-dark activity and the residents are on a neighbor's property experiencing "personal reflection", without staff supervision, I am assuming. am not sure there would be many rural residents in Jefferson County that would be happy living in the same single-family area as a 40-bed mental health facility for teenaged males. Especially when they find out there is no barrier, staff or fencing, to keep these 40 boys from leaving their mental health treatment facility and cause harm. The precedence has been set by letting the original mental health facility operate in a rural single-family area. Just because the original operator did not allow the residents to be bad neighbors, doesn't mean the new operator is concerned with the families living in the same neighborhood, especially after increasing their capacity to a 40-bed mental health treatment facility. I believe this multi-state mental health company needs to prove itself before Jefferson County allows them to increase their capacity to 40 male teenage mental health residents. They can't control the 26 male teenagers they currently have in residence (see footnote). It is a scary prospect to think about 40 Newport Academy "teen clients" living just across our property line with the current lack of safety control provided by the facility. I have requested that when the Jefferson County Department of Community Development grants this permit it is contingent upon Newport Academy erecting a fence along the adjoining property lines of parcels 001072002 and 001072003. And, number two, to be fair to the established and future residents in the surrounding area, the County changes the Land Use Code for all parcels connected to this permit to the more appropriate 17 - Institutional lodging. Footnote: Michael Tyers, the Executive Director of the Port Townsend Newport Academy Facility, wrote in his letter to the neighbors that they are currently licensed for "26 clients". The County Public Notice of Type II Permit Application ZON2023-00016 states the current occupancy is "20 patient beds". I don't think it is a small misunderstanding that Newport Academy thinks they are licensed for 26 beds and the county thinks it is only 20. Thank you for your County Commissioner attention to this matter. It just seems like a much broader concern for the residents of this county than simply granting a permit to conduct a business in a mental health facility for 40 teenaged males in a rural setting of single family homes. Sincerely, Linda Hayes, a 27-year resident of Jefferson County Anthony DeLeo, a 74-y ar reside t of Jefferson County Residing at 251 McMinn Road, Parcel # 001072002 NEW PO/pT NEWPORT ?me€-�-14 ACADEMY December 7, 2023 Dear Neighbor, My name is Michael Tyers, and I am the Executive Director and community liaison for Newport Academy, Port Townsend. As your neighbor, I want to share some important information with you. You will soon be receiving a notification from the Jefferson County Planning Commission regarding our application for a discretionary use permit. The notice will reference "Type II Discretionary Use Permit for an unnamed multifamily housing use under JCC 18.15.040." To explain, we have filed a permit application and site plan for building improvements to expand our capacity to help more teens in need of high-quality mental health services. We are currently licensed for 26 clients, and the proposed site plan would enable us to expand our capacity to 40 clients. For many years, this program has provided services for adolescents who experience anxiety, depression, and trauma that cannot fully be addressed in their home communities. The need for such services has escalated dramatically over the past few years, with a national mental health crisis predating but certainly exacerbated by the pandemic. These are kids from homes just like yours, with caring families and a desire to get help and be well. Newport Academy follows evidence-based therapeutic practices and measures treatment outcomes that indicate the efficacy of our model. Our teen clients are supported closely by trained staff and their own families whom we involve extensively in treatment. Our compassionate care is focused on teaching life skills that will help the teens return home, resume their lives, and have a successful future. Right now, too many families struggle to access mental health care for their kids. We want more of them to have the opportunity to receive the outstanding care that we offer, and this expansion will allow us to do that. Please feel free to reach out to me if you have any questions or concerns about this permit or any other issues. I want to ensure that Newport Academy is a great neighbor in all ways possible. Kindest regards, Michael Tyers, MA, LMFT Executive Director- Port Townsend, Washington Cell: 425.268.9375 Michael.Tyers@newporthealthcare.com Phone: 877-628-3367 I newportacademy.corn December 19, 2023 Dear Michael Tyers, We received your December 7, 2023 letter announcing the Newport Academy's application for a discretionary use permit to expand capacity from 26 clients to 40 clients. I would like to let you know our experiences with both Grey Wolf Ranch and Newport Academy to help explain our thoughts about your planned expansion. In April 1997 we bought two adjoining parcels that share property lines with the current Newport Academy. We have lived on both parcels at different times since the facility was DBA Grey Wolf Ranch. Our only complaint with the Grey Wolf Ranch was that the employee smoking shack was right on our property line and trash was being left on our property. After this problem was brought to the owner's attention, we had no further incidents of finding trash on our property. Grey Wolf Ranch was an excellent neighbor and respected the property lines. Very soon after the facility became Newport Academy, we had our first issue with property lines and disrespectful behavior. A staff member with a group of 5 or 6 clients were leisurely walking on our property and proceeded walking onto the adjoining property we had just rented and then sold to Peter and Carly Yeleca. When the staff member was told that they were not on Newport Academy property, she tried to gather the group of clients together. There was one male in particular that was belligerent to us and not wanting to return to Newport Academy. The staff member talked with him for a while and he finally left with the rest of the group, turning, and yelling nasty remarks at us. Since then, the incidents of Newport Academy clients trespassing on our property have continued, but without staff supervision. The biggest problem has been groups of 2 to 5 clients gathering on our property at the hill crest overlooking the barn. Their entertainment has been getting the turkey toms to repeatedly gobble. The more times the toms gobble in a row, the more the clients laugh. Another time it was a deputy sheriff on our property looking for a Newport Academy client that had left the facility vowing to harm anyone that tried to stop him. The deputy told us to return home for our safety. One time a Newport Academy staff member was able to get the clients to leave our property and return to the Newport facility. This staff member then said that the clients tended to take advantage of the shift change when fewer staff were available to monitor their activities. One group of clients remains a vivid memory for me. When I called to them that they were on my property and to please leave, one male client wanted to argue with me about where my property line was. He pointed to turkey fencing (about 40 feet down the hillside) and said "there is the fence. We aren't on your property." (More on this later). Then he proceeded to turn his back to me, pull down his pants, and show me his bare ass. That made my day!! My female Livestock Guardian Dog (LGD) has many different barks, each one giving me an indication at why she is barking. Today (12/15/23) she was barking her predator alarm bark. I opened the barn back door to see two males standing on the hillcrest above the barn, both repeatedly barking at my LGD to antagonize her. I called to them that they were on my property and to please leave. They looked at me and kept staring at me. I repeated my message and they finally turned and slowly walked toward Newport Academy. These are just a few examples of many personal encounters with Newport Academy clients on my property and acting inapproiately. When I confront them, they are slow to return to Newport Academy, usually needing to make a verbal or non-verbal stand of defiance. When I am not in the barn area and my neighbor, Peter Yelaca, hears your clients harassing my animals, he yells at them to stop. When he starts walking toward them, they usually are quick to run back toward Newport Academy. I have a growing concern that the behavior of Newport Academy clients coming onto my property and enjoying their harassment of my animals could very well escalate into something more sinister. Newport Academy staff obviously are unable to control their current 26 client capacity. What will the occurrence and count of trespassers be when there are 40 clients living next door at Newport Academy? The last sentence in your neighborhood letter was "I want to ensure that Newport Academy is a great neighbor in all ways possible." I can assure you that this is absolutely not true. You say your "care is focused on teaching life skills that will help the teens return home, resume their lives, and have a successful future." May I suggest a "life skill" to include in your client teaching? A valuable life skill would be not to trespass onto neighboring properties, not harass animals on neighboring properties, and not disrespect an adult on neighboring properties that is asking them to leave. As indicated by the client comment on page 2, a fence is a property line indicator for these teens. We have approached Newport Academy staff in the past about a fence to keep clients off our property, but the response is always that they don't want the clients to feel like they are in a prison. There are attractive 6-foot fences around single-family homes, a common site everywhere in the United States. We are not talking high chain-link fences with razor ribbon on top. Now that would be a prison fence. Our comments to the Jefferson County Department of Community Development will include our objection to granting Newport Academy this Discretionary Use Permit due to all the single-family residences in the immediate area of Newport Academy. I am sure that the surrounding property owners, like us, expected all the Land Use Code 11 (Household, single family units) parcels in the area to be just that, single family units. Increasing the client population from 26 to 40 is a big ask for all the property owners in the area, especially for all those sharing property lines with Newport Academy. This letter is meant for you and Washington Health Real Estate Holdings LLC, in hopes that you will try to be the "great neighbor in all ways possible" that you claim you are. Our comments to the Jefferson County Department of Community Development will include this letter but will not be limited to trespassing and client behavior at the current 26 client capacity. Thank you for your attention, Property Owners at 251 McMinn Road Linda Hayes and Tony DeLeo r JZZ� i ��r'z- JEFFERSON COUNTY PUBLIC NOTICE OF TYPE II ZONING PERMIT APPLICATION ZON2023-0001 6 APPLICANT: WASHINGTON HEALTH REAL ESTATE HOLDINGS LLC DBA NEWPORT ACADEMY 3990 HILLSBORO PIKE - SUITE 330 NASHVILLE, TN 37215 Application Received Date: November 14, 2023 Application Complete Date: November 15, 2023 Application Notice Date: December 13, 2023 SITE ADDRESS AND PROJECT LOCATION: Parcel Numbers 001072001, 001072006, 001072007, 001072009, S7 T3ON R1 W TAX45 / S7 T30 R1 W SE NW I S7 T3ON R1 W TAX 21 W/EASE. ID# 10498,10503,10504,10506, Located at 3804, 3820, 3940, 4136 Hastings Avenue W Port Townsend, WA 98368 PROJECT DE SCRIPTION AND REQUIRED PE RMITS/STUDIES: ERMITS/STUDIES: TYPE II DISCRETIONARY USE PERMIT FOR AN UNNAMED MULTIFAMILY HOUSING USE UNDER JCC 18.15.040. The proposed project is to expand legal existing use for long- established youth medical facility (Greywolf Ranch). This includes the current occupancy of 20 patient beds plus staff, housed in a variety of existing buildings that have pre-existing building permit approvals. The campus is proposed to be expanded by 20 beds for a total capacity of 40 patients plus required staff. This will include patient lodging facilities along with administration, therapeutic, educational and activity spaces, all located in a variety of proposed new and renovated buildings as indicated on the site plan. The existing, main-lodge building dining is proposed to be expanded by approximately 500sf to allow for increased kitchen capacity. The site access will continue to be from the current main entry drive on Hastings Avenue. The campus is proposed to have expanded parking for staff and guests, along with widened roadways and improved emergency vehicle access. A new maintenance building is proposed using the current second site access from Hastings Avenue for the site. This access will be only for maintenance use. The currently approved public water supply system will be constructed in coordination with both new and existing septic systems and approvals. This proposal requires review and a determination under the State Environmental Policy Act (SEPA), and a discretionary determination/decision by the UDC Development Code Administrator. COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development, by contacting the project Planner at the phone and email address below. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4465, or sent via email to the assigned planner (djohnsonc co.jeffferson.wa.us). SEPA ENVIRONMENTAL REVIEW: The optional DNS process of the State Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197-11-355 is being used. This may be the only opportunity to comment on the environmental impacts of the proposal. DCD reviewed the proposal for probable adverse environmental impacts and expects to issue a DNS. This determination is based upon a review of the SEPA Checklist, project submissions, and other available information. Additional conditions or mitigation measures may be required under SEPA. *NOTE: This notice has been revised from the December 13, 2023 notice to include the above SEPA review information. Comments concerning this application should be submitted to the Department of Community Development by 4:30 p.m. on December 29, 2023. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. Project Planner: David Wayne Johnson, 360-379-4465, diohnson@co.jefferson.wa.us Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 fjF- z ate',, • 0 m 4 O :n Dec (a) fyl Mw thz2 rnn C) a� o n 52 a7 tN Z -n = w > Tm m FIRST- 1 `.A- 5 o . LA) PO: a :;r dT ti cu n G C m m rn r 0 December 23, 2023 Jefferson County Department of Community Development 621 Sheridan St., Port Townsend, WA, 98368 Attn: David Johnson, Associate Planner Re: Type II Zoning Permit Application Z0N2023-00016 Applicant: Washington Health Real Estate Holdings LLC DBA Newport Academy 3990 Hillsboro Pike — Suite 330 Nashville, TN 37215 Dear David Johnson, Thank you so much for sending me and Peter Yelaca the application materials for the above referenced permit. After skimming through the material, it became quite evident that Newport Academy has spent quite a lot of time and money gathering information to include in their permit application. Unfortunately, the community was only given two weeks, 12/15 — 12/29, to respond (see attachment of the envelope from your office containing the public notice for this permit which was postmarked Dec 13, 2023 ). I am sure there are residents in the Newport Academy area that are out of town visiting friends and families, or preparing to host Christmas/New Year get-togethers, so the number of comment letters that the county may receive in response to this permit application could be low. I know I have been on a tight schedule trying to complete my household and holiday chores while putting as much time as I can spare into this comment letter. It is probably a foregone conclusion that this application will be granted, but I still feel compelled to address a few points for the record. The "Neighborhood" letter from Newport's Michael Tyers and my response to that letter are attached. Some of our safety concerns are detailed in our response letter to Michael Tyers and should be considered as part of our comments on this permit application. In my limited research for this comment letter, land use codes appear to have a purpose for the State of Washington, and the counties as well. The Washington State Legislature PDF WAC 458-53-030 (5) identifies their standard two-digit land use code. "The following two-digit land use code will be used as the standard to identify the actual use of the land." Three of Newport Academy's parcels are coded as 11— Household, single-family units. Their fourth parcel is coded as 98 - Not presently assigned. This erroneous land use coding for Newport Academy parcels may or may not be a concern for Jefferson County, but it is very misleading for current or future citizens of this county who will look at the county's online parcel map when looking to buy a home. They will see all the parcels in the area labeled as "11 — Household, single-family units". They will see a homogeneous area of single-family homes. Unless these unsuspecting perspective homebuyers research further, they will not realize that in the center of this homogeneous area of single-family parcels is a mental health facility (treating 26, soon to be 40 teenage clients) that has no visible property boundaries, such a fence. This homogeneous classification is what the Washington State Legislature intended when they created the "Stratification of assessment rolls— Real property" (WAC 458-53-030). The proper land use code for all of Newport Academy's parcels should be 17— Institutional Iod in . According to Newport Academy's Permit Application materials, II. Compliance with Code Criteria for Unnamed Uses (JCC 18.15.040), A. "Complies with the applicable development standards of Chapter 18.30 JCC;" (1) pages 3-4, they specify that any alteration must conform with the regulations "... for the land use district in which it is located;". "The site is zoned RR1:10, which generally permits one dwelling unit per ten acres for typical residential uses... The site is comprised of four contiguous parcels under common ownership, which have historically functioned and continue to function as one cohesive site devoted to the same land use. The Site's existing and proposed residential buildings do not constitute individual dwelling units under the Code...". The land use code they identify as historically and currently functioning as is 17— Institutional lodging, not 11 — Household, single-family units. They made my point. According to the material presented for this permit application by Newport Academy, there was a mid-1990's Conciliation Agreement with the County "to waive discretionary land use approvals for the current use and permit the use through the issuance of ministerial construction permits as it would for single family dwellings". If they were assigned the correct land use code to identify the actual use of the land, then none of this would be an issue. On the Revised Jefferson County Public Notice of Type II Zoning Permit Application Z0N2023-16, it is noted that "The proposed project is to expand legal existing use for long-established youth medical facility (Greywolf Ranch)". My first thought is how is it legal if the land use code assigned to Greywolf Ranch's parcels is 11 — Household, single family units. Then I see that JCC 18.15.040 was used to grant a minor variance. But, according to the Jefferson County Department of Community Development, an expansion of an existing building would be allowed "... as long as the proposed expansion would not: Increase the nonconformity of the building". Well, the variance did increase Greywolf Ranch's building nonconforming to their assigned land use code 11 - Household, single family units, so it is apparently not legal according to Jefferson County's own dictates. The other issue I have with the above public notice statement is the description of Greywolf Ranch; "The proposed project is to expand legal existing use for long- established youth medical facility (Greywolf Ranch)". Greywolf Ranch was never a youth medical facility. It was a facility for youth with drug and alcohol addictions that had already been medically stabilized elsewhere and came to Greywolf Ranch for mental health intervention. Their long-established legal use as a medical facility is not correct and Newport Academy is definitely not a medical facility. In fact, their mental health treatments go far beyond the drug and alcohol abuse erroneously established by Greywolf Ranch. The only other point I will spend my time making in this ZON2023-0016 comment letter is the safety of my family and animals (see attached letter). Newport Academy's young clients have some serious mental health issues. They need more supervision by staff to keep them safe, and off surrounding properties to keep the community safe. Newport Academy's application materials under I. BACKGROUND C. Safety and Security, Page 3, states that their "... clients only leave the Site when supervised_by staff". If they had a property-line fence that clearly let the clients know they are at the boundary of Newport Academy, then this would probably be a true statement. Since the facility was bought by the Newport Academy in 2019, both of us and the Yelacas have had previous communication with Newport Academy staff. When the idea of a fence is brought up, the standard answer is that they don't want the clients to feel like they are inside a prison. A six-foot fence to indicate the property line is a common occurrence on nice wooded or landscaped parcels across the United States. How can that feel like being in a prison? If we were suggesting a high chain-link fence with razor wire along the top, now that would feel like being in a prison. Based on all the types of trespassing incidents noted in the attached response letter to Michael Tyers at Newport Academy, and the potential for escalating behavior due to the increased capacity, and the danger that presents for our families, I believe it is reasonable that this large mental health company build a nice six-foot fence to complement their current beautiful woodsy landscaping. The fence should run along the shared property lines of 001072002 (Hayes/DeLeo) and 001072001 (Newport Academy), and 001072003 (Yelaca) and 001072001 (Newport Academy); see the parcel map marked "A". By Newport Academy taking the initiative and building the fence, they can make the decisions to meet their esthetic landscaping criteria. If we build the fence, it will be what we can afford. Our only criteria are low-cost and effective. We feel that the granting of this permit to Newport Academy should be contingent on two actions: 1) The county changes the Land Use Code for all involved parcels contained in this permit to the more appropriate 17 - Institutional lodging. The County will still abide by their Conciliation Agreement, but the land use code will be correct. I will contact The Office of The Code Reviser/Statute Law Committee and check that this should be done based on the actual use of the land. This will allow citizens looking to purchase a home in our area to know that it is not a homogenous area of 11 — Single family units. 2) Newport Academy has a 6ft fence of their choosing erected on the shared property lines with parcels 001072002 and 001072003. Thank you for your attention. Linda Hayes Anthony De Leo Property owners at 251 McMinn Road, Port Townsend, WA 98368 CC: Board of Jefferson County Commissioners y 4 n 1) Public; Land ;• s4 r s t. a"` `..Y-.�.�.� -a 1R•!.'. ` 251 MCMINN RD X Q .. ._ • show search, .,;.E 3 for 251 ivi... ! fi _ "` .. n �? tJ r yes: - � .001072002 r* 001072003 o .. M 'II 4$ — 1 .... ! -;''l 001072001 0 01072 022 , . 1 I co 001072023 001072009 HxGN Contei Chn 1 ,( `