CUP-2018-0002 Decision Final 1
CITY OF SPOKANE VALLEY HEARING EXAMINER
2
3 CONDITIONAL USE PERMIT TO OPERATE
A RESIDENTIAL TREATMENT FACILITY
4 (DETOX CENTER) AT 14108 EAST 3RD
AVENUE IN A 6,000-SQUARE FOOT FINDINGS OF FACT,
5 BUILDING TO BE CONSTRUCTED
CONCLUSIONS OF LAW,
APPLICANT: SEQUOIA DETOX CENTER AND DECISION
6
C/O ARGER EVERGREEN BOARDING
HOME II LLC
7
FILE NO. CUP-2018-0002
8 - - - -
9
I. SUMMARY OF DECISION
10
Hearing Matter: Conditional Use Permit (CUP) to operate a residential treatment
11 facility (detox center) at 14108 East 3rd Avenue in a 6,000-square foot building to be
constructed to house the facility.
12 Summary of Decision: Approve application, subject to revised conditions.
13
II. FINDINGS AND CONCLUSIONS
14
A. Procedural Matters:
15
On August 8, 2018, an application was accepted by the Building and Planning
16 Division ("Division") of the City of Spokane Valley ("City") Community and Economic
Development Department ("Department")for a CUP to operate a residential treatment
17 facility (detox center) at 14018 East 3rd Avenue in a 6,000-square foot building to be
I constructed to house the facility. The Determination of Completeness of the application was
18 issued on August 14, 2018. Staff Report and Recommendation to the Hearing Examiner
19 ("Staff Report"), p. 2.
The subject property is addressed as 14018 East 3rd Avenue; situated approximately
20 700 feet east of the intersection of Evergreen Road and 3rd Avenue, further located in the
northwest quarter of Section 23, Township 25 North, Range 44 East, Willamette Meridian,
21 Spokane County, Washington ("site"). The site is currently referenced as Spokane County
Assessor's Tax Parcel No. 45232.0207. Staff Report, p. 1.
22
The applicant is Sequoia Detox Center addressed c/o the property owner, Arger
23 Evergreen Boarding Home II LLC, 300 North Mullan Road, Suite 204, Spokane Valley
Washington 99206. Id.
24
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 1
1 Pursuant to Spokane Valley Municipal Code (SVMC) 17.80, a Notice of Application
was mailed by Micki Harnois (Affidavit of Mailing, dated August 17, 2018), and published on
2 August 17, 2018, by Michael Huffman (Affidavit of Publication).
3 A Notice of Hearing was mailed by Chris Thompson (Affidavit of Mailing, dated
October 22, 2018); posted on the site by Jaryl Weisen (Affidavit of Posting, dated October 22,
4 2018); and published on October 19, 2018, and October 26, 2018, (Affidavit of Publication by
Michael Huffman, dated October 26, 2018).
5
A Determination of Non-Significance (DNS) was issued on September 21, 2018, with a
6 comment period ending on November 7, 2018. The DNS was not appealed.
7 The Public Hearing was initially scheduled for November 8, 2018, but due to a family
emergency and no Pro Tern being available, the hearing was rescheduled for November 29,
8 2018. A Notice of Rescheduled Public Hearing was mailed on November 8, 2018, and re-
posted at the site on November 13, 2018.
9 The notice requirements for the public hearing, set forth in SVMC Chapter 17.80,
10 were met by the applicant and the City, respectively. See Staff Report, p. 2, Affidavits of
Posting, Publication, and Mailing above. Adequate public noticing was conducted for
11 CUP-2018-0002 in accordance with adopted public noticing procedures.
On November 29, 2018, the Hearing Examiner conducted a public hearing on the
12 application. The Hearing Examiner conducted a site visit prior to the public hearing.
13 The Hearing Examiner heard the application pursuant to SVMC Chapters 17.80,
18.20, and 20.30 and Appendix B (Hearing Examiner Scheduling Rules and Rules of
14 Conduct) of the SVMC.
15 The following persons testified at the hearing, under an oath administered by the
Hearing Examiner:
16 Micki Harnois, Planner Lori Barlow, Senior Planner
City of Spokane Valley City of Spokane Valley
17 10210 East Sprague Avenue 10210 East Sprague Avenue
Spokane Valley WA 99206 Spokane Valley WA 99206
18
Gregory and Gene Arger Jon and Jennifer Schlenske
19 300 North Mullan Road, Suite 204 19202 E. 11th Avenue
Spokane Valley WA 99206 Spokane Valley WA 99016
20
James Knutson MD Gene Arger
21 2918 Colby Avenue, Suite 101 300 North Mullan Road, Suite 204
Everett WA 98201 Spokane Valley WA 99206
22
Karen Van Hees Veronica Gann
23 9812 East Empire Avenue 14206 E. 3rd Avenue
Spokane Valley WA 99206 Spokane Valley WA 99216
24
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 2
1 The Hearing Examiner takes notice of the Comprehensive Plan Chapter 4 (Land Use);
SVMC Title 19 (Zoning Regulations), SVMC Title 21 (Environmental Controls), and SVMC
2 Title 22 (Design and Development Standards); the 2009 Spokane Valley Street Standards
("2009 SVSS"), the 2008 Spokane Regional Stormwater Manual ("2008 SRSM"), the Spokane
3 Regional Health District (SRHD) regulations, other applicable development regulations, and
4 ' prior land use decisions for the site and neighboring land.
Exhibits 1-10 listed below are attachments to the Staff Report, which the City placed
5 in the file before the hearing. Exhibits 11 and 12 were submitted at the hearing.
6 I • Exhibit 1: Vicinity Map
• Exhibit 2: Application Submittal
7 • Exhibit 3: Email correspondence regarding the Essential Public Facility process
and minutes for the June 26, 2018 Spokane County Commissioners public hearing
8 • Exhibit 4: Site Plan of Record date stamped August 8, 2018
• Exhibit 5: Determination of Completeness
9 • Exhibit 6: Notice of Application
• Exhibit 7: Determination of Non-Significance (DNS)
10 • Exhibit 8: Notice of Public Hearing
• Exhibit 9: Agency Comments
11 • Exhibit 10: Public Comments
• Exhibit 11: Staff Report PowerPoint Presentation
12 • Exhibit 12: Letter to Micki Harnois, Spokane Valley Planner from Andy Van
Hees, submitted by Karen Van Hees.
13 The record includes the documents in the application file at the time of the hearing,
Exhibits 1-12, the electronic recording of the hearing by Hearing Examiner staff, the sign-in
14 sheet for the hearing, and the items taken notice of by the Hearing Examiner.
15 A. Description of Site:
16 The site is approximately 0.83 acres in size and relatively flat. There is an existing
single-family residence located on the property, which will be removed. The site is designated
17 within the Multifamily Residential (MFR) category of the Comprehensive Plan and zoned
MFR.
18
B. Description of Proposed Project:
19
The proposal is to operate a 6,000-square foot detox facility on the site, which will
20 serve privately funded and insured clients. Currently, a single-family residence is located on
site, but will be removed. A new building to house the detox facility will be constructed. The
21 CUP is required prior to approval of the construction and operation of the facility; no
variances or deviations are requested relative to the site development. Staff Report, p. 2;
22 Testimony of M. Harnois; Testimony of Jon Schlenske.
23 The one-story, 6000 square foot facility will include eight bedrooms, each of which will
sleep two residents. Parking at the facility for staff and visiting counselors will be in a paved
24 parking area located in the front of the building. For privacy, a new 6-foot-high vinyl fence
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 3
1 will be installed around the perimeter of the rear and side yards of the building. There will
be no gates installed in the fence. Access to the outdoor, fenced area by residents of the
2 facility will be limited so that no access will be allowed after 10:00 pm. Security cameras and
an alarm system will be installed at the facility and will be activated 24 hours a day and 7
3 days a week. Key cards, rather than keys, will also be used for access to the facility. Id.
4 Staffing at the facility will include up to eight persons during the day shift, a clinical
team, admission specialist, marketing director, and case managers and three persons during
5 the graveyard shift. Id.
6 All residents of the facility will be pre-screened prior to admittance, will be only non-
violent individuals as determined by the pre-screening, and will reside at the facility between
7 three and seven days for detox treatment. At the completion of their treatment at the facility,
residents will be transferred to a rehabilitation center separate from the proposed facility.
8 ' Residents will not be allowed to have a vehicle on-site and will not leave the facility to attend
9 outside appointments, unless chaperoned by a staff member. Physicians, counselors, and
other specialists will conduct all scheduled treatment at the facility. If a resident experiences
10 an emergency, or if a biomedical issue arises that requires treatment outside of the
treatment offered at the facility, a resident will be transported to an appropriate off-site
11 facility and escorted by a staff member. Residents will never be unattended while at the
facility. Id.
12
C. Land Use Designations and Surrounding Conditions for Site and
13 Neighboring Land:
14 Land to the north, south, east, and west is within the MFR designation of the
Comprehensive Plan and zoned MFR with Corridor Mixed Use (CMU) and Parks/Open Space
15 (P/OS) outside the immediate vicinity. Land use to the north consists of duplexes, Appleway
Trail, and retail business; to the south consists of single-family dwellings; and to the east
16 consists of a group home, single-family dwellings, and duplexes. Land use to the west
includes a group home, single-family dwellings, duplexes, and storage buildings. Staff
17 Report p. 3.
18 D. Public Comments:
19 Public comments generally consisted of concerns regarding safety/potential criminal
issues stemming from locating this facility close to two elementary schools, a nursing home,
20 and an adult family home. Additional concerns about the decrease in property values as a
result of the presence of this facility. Additional public comments continued to be provided to
21 the City up to the initial date of the hearing and following the rescheduling notice. All public
I comments received by the City prior to the November 29, 2018, hearing have been made part
22 of the record.
23 Testimony at the hearing in opposition was consistent with the written public.
Additional concerns regarding parking were raised at the hearing, pointing out that the
24 facility is staffed with eight people during the day, and the facility will have a total of six
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 4
1 parking spaces, five standard parking spaces and one handicapped parkingspace. It was
pp p
pointed out that on-street parking in the neighborhood surrounding the facility is already a
2 problem owing to employees from the nursing home and adult family home not having
adequate parking spaces at those facilities. Testimony of V. Gann.
3
4 E. Essential Public Facilities (EPFs) Siting
As a signatory to an interlocal agreement with Spokane County regarding the siting
5 of EPFs of statewide and regional significance, pursuant to RCW 36.70A.200, the City filed
an application for EPF siting with the Spokane County Department of Building and
6 Planning. Staff Report, Exhibit 3. At a public meeting before the Spokane County Board of
County Commissioners, the Board considered the application filed by Spokane Valley
7 regarding the proposed EPF and concluded that the proposed facility was an essential public
8 facility of local significance only and, as such, was exempt from the regional siting process
outlined in Spokane County Resolution No. 2003-0521. Staff Report p. 3. Notwithstanding
9 the exemption from the regional siting process, the proposed facility is subject to the
requirements for a conditional use permit under SVMC 19.90.010(E).
10
F. Consistency with SVMC
11 SVMC 19.150—Conditional Use Permits:
12 A request for a conditional use permit may be denied where it cannot be
demonstrated that the requested use will be compatible with the other permitted uses in the
13 vicinity of the proposed conditional use. SVMC 19.150.010. The criteria for the approval of a
request for conditional use permit are enumerated in SVMC 19.150.030.
14
The proposed facility will be housed in a single-story building comprising 6,000
15 square feet. Immediately to the east and west of the proposed facility, on 3rd Avenue, are two
group homes ranging in size from 7,300 square feet and 7,700 square feet respectively. Staff
16 Report, p. 4. Other land uses on 3rd Avenue in the vicinity of the facility are single-story,
single-family residences on lots that appear to be similar in size to the subject site. Hearing
17 Examiner's observations of the area. The vicinity to the south of the proposed facility, and
18 backing up to the subject property, on 4th avenue is comprised of single-family residences also
located on similarly sized lots. Id. As proposed the facility will be slightly smaller than the
19 two group homes that flank the facility and will be consistent with the character of the
residence that exists on the site currently and of the surrounding single-family residences in
20 the vicinity. SVMC 19.150.030 (A)(1). The location, size, height of buildings, structures, walls
and fences, and visual screening for the conditional use will not hinder or discourage the
21 permitted development or use of the neighboring properties. SVMC 19.150.030 (A)(2).
22 No modifications to standards were requested by the applicant relevant to the
proposed conditional use, thus SVMC 19.150.030(A)(3) is inapplicable.
23 Third avenue in the vicinity of the proposed use is only one block in length and is
24 bordered on the north by commercial uses. Other uses in the near vicinity include multi-
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 5
1 family housing units in multi-story buildings. There are two other similar facilities in the
general area, those being a drug rehabilitation facility located at approximately Mission
2 Avenue and Pines Road and another such facility located at Mission and Sullivan Road.
3 Both of those facilities are no less than one mile from the proposed site. The proposed
conditional use is an EPF, the definition of which includes substance abuse treatment
4 centers, of which this facility will be one. SVMC 19.90.010(B). As conditioned, the proposed
conditional use does not conflict with the health and safety of the community. SVMC
5 19.150.030 (A)(4). Notwithstanding the existence of a group homes on either side of the
proposed conditional use, the location of the use does not result in the detrimental over-
6 concentration of a particular use within the City or within the immediate area. SVMC
7 19.150.030(A)(5).
The proposed use will employ only eight personnel at the facility on a daily basis with
8 various health care personnel visiting intermittently during the day. The pedestrian and
9 vehicular traffic associated with the facility will not be hazardous or conflict with the
existing and anticipated traffic in the neighborhood. SVMC 19.150.030 (A)(6). The proposed
10 facility will use the same public facilities and services as are already available and provided
to the prior use of the residence existing on the site. There is evidence of adequate public
11 facilities and services to support the use and the use will not adversely affect public services
to the surrounding area. SVMC 19.150.030 (A)(7).
12
G. Compliance with the Comprehensive Plan
13 The proposed conditional use will have minimal signage at the facility. The signage
14 planned for the facility will be relatively nondescript for the purpose of maintaining the
confidentiality of the residents that use the facility and the services that are provided at the
15 site. Testimony of Jon Schlenske. By its nature and owing to the confidentiality
requirements associated with the service provided at the site and because the services will be
16 provided completely within the facility and kept private and confidential, the impacts to uses
of the surrounding properties will be minimal. LUP-1.2.
17
The development of the detox center will include adhering to the development
18 regulations such as lot coverage, height limits, off-street parking, outdoor lighting,
landscaping, and fencing. NP-2.1.
19 The proposed CUP is consistent with the Comprehensive Plan.
20 CUP-2018-0002 is consistent with Comprehensive Plan Chapter 4 (Land Use), SVMC
Title 19 (Zoning Regulations), and SVMC Title 21 (Environmental Controls).
21
Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
22 Any conclusion of law above that is a finding of fact is deemed a finding of fact.
23
24
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 6
1 III. DECISION
2 Based on the Findings and Conclusions above, the application for a CUP to operate a
residential treatment facility (detox center) at 14108 East 3rd Avenue in a 6,000-square-foot
3 building that will be constructed to house the facility is hereby approved, subject to
compliance with the conditions of the various agencies specified below.
4
Any conditions of approval of public agencies that have been added to or significantly
5 altered by the Hearing Examiner are italicized. This approval does not waive the applicant's
obligation to comply with all other requirements of other public agencies with jurisdiction
6 over land development.
7 Minor revisions should be made to the conditions of approval to ensure proper
formatting, clarity, and consistency with the findings of fact above.
8
A. Conditions of Approval:
9 The following general conditions apply to the approval of CUP-2018-0002:
10 Spokane Valley Planning Division:
11 1. This CUP authorizes the use as generally described above, at this location for a
maximum of 16 residents. Any increase in the number of residents or change in services
12 provided will require a modification to this CUP. Other non-substantive changes may be
administratively approved by the City.
13
2. A title notice for the subject property referencing this decision and CUP-2018-0002 shall be
14 recorded with the Spokane County Auditor.
15 3. All fees associated with permits and recording are the responsibility of the applicant
and/or property owner.
16
4. Access to the `outdoor restricted area"at the facility, described as the outside area of the
17 property enclosed by a 6-foot-high vinyl fence without gates, shall be limited to only occur
between 9:00 am and 9:00 pm. Note that this is a change to the proposed limitation to
18 10:00 pm.
19 5. The applicant shall ensure that sufficient off street parking is available at the site to
20 accommodate at least 8 employees plus the estimated number of visitors, such as health
care or other service providers, anticipated per day, with the goal that employees and
21 visitors at the site have off street parking available to them.
22 Spokane Tribe of Indians
1. An Inadvertent Discovery Plan (IDP) shall be provided to the City by a qualified
23 professional; or the applicant may choose to utilize the template provided by the City of
24 Spokane Valley. The IDP shall be provided to the City prior to the issuance of any land
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 7
1 disturbance permits, and shall be kept on site during all land disturbance activity. Please
contact Karen Kendall at 509-720-5026 for the template.
2
DATED this 13th day of December, 2018
3
4 CITY OF SPOKANE VALLEY
HEARING EXAMINER
5
6
David W. Hubert, WSBA#16488
7
8
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
9
Pursuant to SVMC Chapter 17.90 and RCW Chapter 36.70C, the decision of
10 the Hearing Examiner on an application for a CUP is final and conclusive unless
within 21 calendar days from the date of issuance of the Hearing Examiner's
11 decision, a party with standing files a land use petition in Superior Court pursuant
to RCW Chapter 36.70C.
12
On December 14, 2018, a copy of this decision will be mailed by regular mail
13 to the Applicant and to all government agencies and persons entitled to notice
under SVMC 17.80.130(4). Pursuant to RCW Chapter 36.70C, the date of issuance of
14 the Hearing Examiner's decision is three (3) days after it is mailed, counting to the
next business day.
15
The date of issuance of the Hearing Examiner's decision is December 17,
16 2018, THE APPEAL CLOSING DATE FOR THE CONDITIONAL USE PERMIT
DECISION IS JANUARY 7, 2018.
17
The complete record in this matter is on file during the appeal period with
18 the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 W.
Broadway Avenue, Spokane,Washington, 99260-0245; and may be inspected by
19 contacting Kim Thompson at (509) 477-7490. The file may be inspected during
normal working hours, listed as Monday-Friday of each week, except holidays,
20 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 & Public Works
21 Department-Building and Planning Division, located at 10210 E. Sprague Avenue,
22 Spokane Valley,WA 99206. Copies of the documents in the record will be made
available at the cost set by the City of Spokane Valley.
23 Pursuant to RCW 36.70B.130, affected property owners may request a
24 change in valuation for property tax purposes notwithstanding any program of
revaluation.
Findings of Fact, Conclusions of Law, and Decision File No. CUP-2018-0002 8