OCEAN PARK After a long wait, a Grays Harbor Superior Court judge sternly reversed a decision by Pacific County Commissioners that denied a special permit to convert Sunset View Resort in Ocean Park into a drug and alcohol rehabilitation center. 

Resort owner Ken Coffin said last week that he is happy with the decision. Im looking forward to moving forward.

 Judge Gordon Godfrey ruled that The commissioners herein failed to comply with their legal responsibility to independently and objectively conduct a [fresh, objective hearing] to determine whether the permit should be issued for this project. Instead they bowed to the clamor of baseless concerns of public safety espoused by public opposition due to the nature of the project in question.

The 5.4-acre resort is at 255th and Park in Ocean Park. Acting as a quasi-judicial hearings examiner, Pacific County Department of Community Development Director Mike DeSimone approved the permit a year ago.

In his decision, Godfrey said, DeSimones approval decision specifically noted 16 conditions agreed to by the applicants. These conditions included DSHS approval and the proposed security cameras, 24/7 security personnel and numerous other conditions. … The petitioners proposed treatment center would house up to 35 clients on a closed campus with clients not allowed to leave without direct staff supervision. The facility would have security measures including … security cameras, bed checks and mandatory UA [urinalysis] testing.

Neighbors object

Last year, a number of Ocean Park residents, led by Shakti Cove Cottages owner Harriet Cavalli, strongly objected to the proposed centers proximity to Ocean Park School and the Timberland Library Ocean Park branch. 

Other allegations included property devaluation, inaccurate legal interpretations by DeSimone, unsupported findings of facts and others. Forty-eight people signed a petition against the permit and, Cavalli said, an additional 52 signatures of parents, teachers and staff of Ocean Park School were collected by a volunteer.

Last June, after taking a fresh look at the plan, county commissioners reversed DeSimones decision and denied the permit.

The R-3 zoning of the property was the commissioners main objection to the rehab center plan. After they denied the Coffins permit request last year, Commissioner Jon Kaino said, We didnt feel the special-use permit complied with the countys zoning ordinance. The resort is zoned R3, which mandates it be used to promote tourism and recreation. The proposed facility isnt compatible with existing uses in the vicinity.

But Godfrey, in his decision, noted that This zone, R-3 Resort Residential, allows exceptions to the residential and resort restrictions. Pursuant to county Ordinance 153, exceptions to this zoning area are titled Special Uses, which are allowed. Examples of such exceptions include retirement homes, boarding homes, convalescent homes, social and health rehabilitation centers, adult and children day care centers and other health-related services consistent with the purpose of the district. 

 

Resort owner appeal

The resorts owners, Ken and Kay Coffin, filed an appeal to the commissioners decision in Grays Harbor County Superior Court state law permits lawsuits to be filed in adjoining counties. In December, Godfrey heard the appeal and took it under advisement. He had 90 days to make his decision.

In a letter dated Feb. 28, Godfrey overturned the unanimous denial of the permit by the commissioners, saying:

In a thorough review of the records of the hearings held by the administrative officer and subsequently by the county commissioners, this matter is replete with public opposition to this project merely because it is a drug treatment facility and the type of people it renders a service to. The opposition was and is grounded in baseless, unsubstantiated public concern for safety resulting in redundant and often ridiculous assertions of fear and hysteria to allow this permit to be issued.

Godfrey said the Coffins presented ample evidence to both DeSimone and the county commissioners that overwhelmingly established the feasibility and safety of this proposed facility. The judge said the Coffins deserve fair treatment, not blind acquiescence of hearing officers to public clamor.

Godfrey cited similar cases from Pasco and Kennewick in ruling The decision of the Pacific County Commissioners is hereby reversed. It is this courts position that decision of the Administrative Hearing Officer Michael DeSimone is hereby affirmed. This matter is to be remanded to Pacific County and is hereby ordered to issue the special permit. Failure to do so should render the county liable for damages to petitioners.

 

County wont appeal

County commissioners met in executive session Tuesday and Commissioner Jon Kaino said later that, although they vehemently disagree with the judges verdict, our decision was to not appeal his ruling. Based on our limited resources, we just cant do it. Its unfortunate. We dont believe the judge made the correct decision, but were not in a position to appeal.

Kaino said in the commissioners opinion, the judge didnt look at the true basis of our decision. He just concentrated his decision on the premise that the public was opposed to the permit so we had just catered to public sentiment and not the law. But he didnt address any of the issues in our decision.

We are very disappointed that the judge reversed the county commissioners decision to deny the special use permit, Cavalli said last week. The county commissioners decision was based on the zoning code, which zoned this area to be for resorts and residences. A drug and alcohol treatment facility is incompatible with the zoning. It does not make sense to put such a facility next to a library and school.

Cavalli mentioned that then-Sheriff John Didion testified against the change from a vacation resort to a rehabilitation facility, but that Godfrey didnt acknowledge this opposition. Specifically, Didion was concerned that the sheriffs office would confront unreimbursed expenses if patients got in trouble or left the facility before their treatment was complete.

Cavalli said she and her allies are considering whether to appeal the judges decision.