sim Bolger INTERIM DIRECTOR, Jeff Rimack \SSISTANT DIRECTOR 2011 Governor's ‘Smart Communities “Award Kitsap County “Year ofthe Rura KITSAP COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT To enable the davelooment of aval affordable. structurally safe and environmentally sound communities. March 5, 2019 Calnan, Timothy G & Lisa D 2811 NE Fernwood Ct Bremerton, WA 98310-5366 Phil Havers, Registered Agent Westsound Support Services, LLC Havers Law Offices, Inc PS 9226 Bayshore Dr NW, Ste 220 Silverdale, WA 98383 Alan Frey, Program Manager Kitsap Tenant Support Services, Inc PO Box 5209 Bremerton, WA 9831? Re: Notice of Violation 17373 Viking Way NW, Poulsbo, WA Messrs. Calnan, Havers and Frey, and Mrs. Calnan: This notice is to inform you that your property, located at 17373 Viking Way NW Poulsbo, Assessor's Tax Account number 272601-2-001-2009, is hereby determined by the Director of the Department of Community Development to be in violation of Title 17, Kitsap County Zoning Code for maintaining an unpermitted use, a less restrictive alternative (LRA) facility with enhanced services for sexually violent predators (SVPs), in a rural residential zone, Background The department first became aware of the proposed use of your property as an LRA in November 2018 after receiving complaints from neighboring property owners and residents, who received notices from the Kitsap County Sheriff's Office. The 15-acre property has two houses which were updated recently to accommodate the new use. On January 2 and 4, 2019 Jeff Rimack, the department's Assistant Direciur and Building Official, inspected the property. Mr. Rimack determined that none of the updates required a permit. Neither Westsound Support Services, Kitsap Tenant Support Services (KTSS), nor the Calnans approached the department to obtain land use approval prior to opening the facility. In December 2018 the department contacted KTSS and stated that most likely the closest, similar use in the use table was an adult family home. The email to KTSS was informal and did not meet the standards in KCC 17.100.040 for a formal similar use determination. At that time of the email, the department was unaware of the level of security required for housing the SVPs located at this facility and the specific conditions of the SVPs release from total confinement. 619 Division Street, MS-36 « Port Orchard, Washington 98366-4676 + (360) 337-5777 + www.ktsapgov.com/dedAfter a more in-depth investigation of the use of the property, the department determined that it is not a similar like use to an adult family home as defined in the usc table. Description of Use Sexually Violent Predators are offenders who have fulfilled their criminal sentence and are currently civilly committed. Chapter 71.09 RCW. After undergoing treatment in a total confinement facility, some SVPs are conditionally released to less restrictive alternatives. RCW 71.09,090. The conditions of release are unique to each person and are set by a superior court. RCW 71.09.096. Less restrictive alternatives are defined as any housing alternative that is less restrictive than total confinement and can vary from SVPs residing with their family in a private home to facilities with enhanced services and security. RCW 71.09.020(6). ‘The Viking Way facility is a LRA with enhanced services and security. Unlike come of the other LRAs, the SVPs residing in the facility require twenty-four-hour care and monitoring, as well as intensive offsite therapy. The enhanced services at the property includes staffing at a ratio of 1 to 1 and provision of chaperones whenever the residents leave the property. The nature of the enhanced services increases the land use impacts on the neighboring community beyond what it contemplated by the zone. While there is a residential component to the facility, the facility is much more than a typical single-family residence or adult family home. For example, the need for staff on the property 24 hours a day creates traffic impacts beyond what is typically allowed in this zone, According to court documents and other publicly available information, the first SVP was released to the facility and registered on January 30, 2018. Currently, there are four SVP residents residing on the property. According to Alan Frey, KTSS is anticipating housing up to six residents. Zoning Violation Kitsap County Code (KCC) Title 17 regulates zoning throughout unincorporated Kitsap County. Your property is currently zoned rural residential. Chapter 17.130 KCC. The allowed uses for your property are listed in the zoning use table. KCC 17.410.042. Any use not listed In the table is prohibited unless the director makes a determination that the use is similar to an allowed use listed in the table, KCC 17.410,030(C); KCC 17.100.040. A LRA for SVPs is not a use listed in the zoning table. Therefore, the use is prohibited unless a similar use determination is made by the director. This comparison is performed under KCC 17,100.40. KCC 17.100.040 states: Except as provided in Chapter 17.520, when a use is not specifically listed in this title, it shall be understood that the use may be allowed if it is determined by the director that the use is similar to other uses listed. Itis further recognized that every conceivable use cannot be identified. In anticipation that new uses will evolve over time, this section establishes the director’s authority to compare a proposed use and measure it against Uuse listed in this tlle for determining similarity, In determining similarity, as well as when considering all other uses, the director shall make all of the following findings: Page 2 of 5A. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the Kitsap County Comprehensive Plan; B, The proposed use shall meet the stated purpose and general intent of the Comprehensive Plan land use designation and zoning classification in which the use is proposed to be located; C._ The proposed use shall not adversely impact the public health, safety and general welfare of the residents of the county; and D. The proposed use shall share characteristics in common with, and not be of greater Intensity, density or generate more environmental impact than, those uses listed in the land use zone in which it is to be located. If determined similar, the unspecified use shall meet all of the code requirements and follow the approval process prescribed for the listed use, ‘The Director has reviewed the use of the property as an LRA facility with enhanced services and has determined that it is not a similar like use to a permitted use listed in the zoning use table and does not meet the criteria listed in KCC 17.100.040. ‘The Director's evaluation and findings for the four criteria in KCC 17.100.040 are as follows: ‘A. The proposed use does not meet the intent of, and is not consistent with the goals, ‘objectives and policies of the Kitsap County Comprehensive Plan. The Director has reviewed the Kitsap County Comprehensive Plan for goals, objectives and policies that could be applicable to the use of the property as an LRA with enhanced services. There are four potentially relevant Land Use goals, and policies within the Comprehensive Plan and two relevant Housing and Human Services goals, and policies. The goals and policies as well as the department's analysis of each one are as follows: Land Use Goal 13. Protect Kitsap County's unique rural character. /he facility is an intensification of rural areas and is not compatible with typical rural uses allowed. Land Use Policy 50. Limit the designated rural area to low residential densities that can be sustained by minimal infrastructure improvements, cause minimal environmental degradation, and that will not cumulatively create the future necessity or expectation of urban levels of service. The facility strains rural infrastructure beyond what is typical of allowed uses. Land Use Policy 53. Outside of the Type Ill Limited Area of More Intensive Rural Development (LAMIRD), limit development only to that which serves rural residential or resource needs and does not draw population from Urban Growth Areas. This policy is implemented through Comprehensive Plan Land Use designations, zoning designations, and zoning code provisions. The facility does not serve rural residential or resource needs. Land Use Policy 59. Allow or conditionally allow home-based cottage-type businesses and industries in the rural areas that do not negatively affect the Page 3 of 5