CUP-2016-0001CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for an Essential )
Public Facility/Substance Abuse Treatment Facility, )
in the Multi -Family High Density Residential (MF -2) )
Zoning District; )
Applicant: Spokane Treatment and Recovery Services )
File No. CUP -2016-0001 )
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND DECISION
I. SUMMARY OF DECISION
Summary of Hearing Matter: Application for a conditional use permit for an essential public
facility, consisting of a substance abuse treatment facility for up to 16 patients, in the MF -2 zoning
district.
Summary of Decision: Approve application, subject to conditions.
II. FINDINGS OF FACT
1. The application requests approval of a conditional use permit (CUP) for an essential public
facility, consisting of a substance abuse treatment facility for up to 16 patients, in the Multi -Family
High Density Residential (MF -2) zoning district.
2. The site is located north of and adjacent to Mission Avenue, south of and adjacent to the right
of way for Interstate 90, and approximately 500 feet northwest of the intersection of Mission Avenue
and Adams Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45141.0908, and has a site
address of 14819 E. Mission Avenue, Spokane Valley.
4. The applicant, and the site owner, is Spokane Treatment and Recovery System, at a mailing
address of STARS, P.O. Box 2845, Spokane WA 99220. The applicant's agent is Christopher
Morlan, at a mailing address of 1325 W. 1St Avenue, Suite 226, Spokane Valley, WA 99201.
5. On June 9, 2016, the applicant submitted a complete application for the CUP; including the
site plan of record prepared by Christopher Morlan, a registered architect.
6. On August 19, 2016, the City of Spokane Valley Community Development Department
("Department") issued a Determination of Nonsignificance (DNS) for the application. The DNS
was not appealed.
7. On October 6, 2016, the Hearing Examiner conducted a public hearing on the application. The
notice requirements for the public hearing, set forth in the SVMC, were met. The Hearing Examiner
conducted a site visit on October 6, 2016, before the hearing commenced at 9:00 a.m.
HE Findings, Conclusions and Decision File No. CUP -2016-0001 Page 1
8. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20 and 19.150 of
the Spokane Valley Municipal Code (SVMC); and the Hearing Examiner Scheduling Rules and
Rules of Conduct, codified in Appendix B of the SVMC.
9. The following person(s) testified at the public hearing:
Micki Harnois, Planner
Spokane Valley Community & Economic Development Department
11707 E. Sprague Avenue
Spokane Valley, WA 99206
10. The site is approximately 7,000 square feet in size, rectangular in shape, and slopes down to
the south and Interstate 90 in topography.
11. A single-family dwelling was constructed on the site in 1973, was added onto in 1888, and
evolved into a boarding home. In 2014, the residence was developed into an assisted living facility
that was owned and operated by Country View Senior Living. The facility and the site have a
residential appearance from the street. See Hearing Examiner site visit.
12. The first floor of the structure has 3,784 square feet, and the daylight basement below has 3,140
square feet. The structure has a total of eight (8) bedrooms. The applicant submitted an application
for a building permit, to make minor interior remodeling improvements to the structure on the site.
13. The purpose of the application is to allow the site to be used for a 16 -bed substance abuse
treatment facility. Such facility type meets the definition of an "essential public facility" under
Appendix A of the SVMC.
14. Pursuant to SVMC 19.90.010.E, an "essential public facility" is subject to the approval of a
conditional use permit by the City under SVMC Chapter 19.150; unless Spokane County determines
that the facility has regional or statewide significance, in which case the facility is also subject to
review by the County. Spokane County has determined that the proposed facility does not have
regional/statewide significance, so County review of the use is unnecessary.
15. The eight (8) bedrooms in the facilty can sleep two (2) residents per room. Two (2) staff
members are required to be in the facility at all times, and licensed mental health and chemical
dependency counselors visit the facility daily. Patients typically stay at the facility from six (6)
months to a year.
16. The residents cannot leave the facility during the day, but can access the back yard of the
facility. Cameras provide full monitoring of the facility at all times, and an alarm will sound if a
resident attempts to go out an exterior door between 5:00 p.m. and 6:00 a.m. The applicant plans to
extend the existing fencing to six (6) feet or more in privacy. Other details regarding the facility are
set forth on pages 2, and 4-5 of the Staff Report submitted by the Department.
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17. The application does not indicate an intent to expand the square footage of the building on the
site. All existing landscaping would remain on the site, and the existing fencing would be extended
to a height of six (6) feet or more for privacy.
18. Neighboring property owners did not comment on the application, and commenting agencies
did not express any concerns regarding the application.
19. The Department requested a modification to its condition #1; to require that any increase in
the number of residents, or any significant increase in the size of the facility or numbers of patients
in the facility, or substantial change in operations of the facility, would require a modification of the
conditional use permit before the Hearing Examiner.
20. The Staff Report adequately and accurately analyzes the consistency of the application with
the Comprehensive Plan, the MF -2 zone, and other applicable zoning and development regulations
set forth in the SVMC, and other applicable development regulations.
21. The Hearing Examiner hereby adopts herein, by reference, the findings and conclusions set
forth in the Staff Report regarding the application as findings of fact and conclusions of law,
respectively.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The application, as conditioned, meets the concurrency requirements of SVMC Chapter 22.30;
and complies with the SVMC, and other relevant development regulations.
2. Adequate conditions and restrictions on the conditional use have been placed to ensure that it
will be compatible with other permitted uses in the vicinity; and will not be materially detrimental
to the public health, safety or general welfare.
3. Certain revisions should be made to the conditions of approval for compliance purposes, as
discussed in the findings above and/or as set forth in the conditions set forth below.
4. The application, as conditioned, reasonably mitigates any adverse impacts on adjacent
properties by reason of use, extension, construction or alteration allowed with respect to the
conditional use.
5. The application, as conditioned, generally conforms to the Comprehensive Plan, and will be
compatible with other permitted uses in the vicinity.
6. The application, as conditioned, complies with the criteria specified in SVMC 19.150.010 for
approving a conditional use permit for an essential public facility in the MF -2 zone, and the general
development standards of the MF -2 zone.
7. Any conclusion of law above that is a finding of fact is hereby deemed such.
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8. The approval of the conditional use permit is appropriate under SVMC Chapter 18.20 (Hearing
Examiner).
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a conditional
use permit for an essential public facility, consisting of a substance abuse treatment facility for up
to 16 residents, in the MF -2 zoning district, is hereby approved; subject to the conditions of approval
specified below.
Any public agency conditions that have been significantly altered or added to are italicized.
Failure to comply with the conditions of this approval may result in revocation or suspension
of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation
to comply with all other requirements of other agencies with jurisdiction over land development
SPOKANE VALLEY COMMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT -
PLANNING DIVISION:
1. The Conditional Use Permit authorizes the operation of an essential public facility in the form
of a substance abuse treatment facility for a maximum of 16 residents. Any increase in the number
of residents; and any substantial change in the square footage of the building on the site, the
operations of the facility for a substance abuse treatment facilty, or the type of essential public
facility operated on the site shall require a modification to the Conditional Use Permit, which shall
be processed as an application for a conditional use permit under the SVMC.
2. The existing landscaping shall be maintained in healthy condition.
3. The Department shall record a title notice for the property that references the Hearing
Examiner's decision in File No. CUP -2016-0001.
4. All fees associated with permits and recording are the responsibility of the applicant and/or
property owner.
5. The applicant shall comply with the conditions of approval requested by Spokane County Fire
District I (Spokane Valley Fire Department), the Spokane County Environmental Service
Department. Also see letter dated 7-22-16 from State Department of Ecology, Eastern Regional
Office, to Micki Harnois, Planner.
6. If any artifacts or human remains, or other cultural resources are found on the site, the
applicant shall immediately notify the Spokane Tribe and the City Department of Community and
Economic Development, and cease all work in the immediate area of such items.
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DATED this 171h day of November, 2016
SPOKANE VALLEY HEARING EXAMINER
Michael t. Dempsey, WSBA #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C, the decision of the Hearing Examiner on an application for a conditional use
permit is final and conclusive unless within twenty-one (21) calendar days from the date of
issuance of the Examiner's decision, a party with standing files a land use petition in Superior
Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the date of
issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
On November 18, 2016, this decision will be mailed by regular mail to the Applicant, and
to all government agencies and persons entitled to notice under SVMC 17.80.130(4). The date
of issuance of the decision is November 21, 2016, counting to the next business day. THE
APPEAL CLOSING DATE IS DECEMBER 12, 2016.
The complete record in this matter is on file during the appeal period with the Office of
the Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue,
Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at
(509) 477-7490. The file may be inspected during normal working hours, listed as Monday -
Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the
appeal period, the file may be inspected at the City of Spokane Valley Community
Development Department -Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA,
99206; by contacting Micki Harnois at (509) 921-1000. Copies of the documents in the record
will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
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