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CUP-2020-0001 Decision.pdfPage 1 of 13 CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Conditional Use Permit to construct a 44,000 square foot substance abuse treatment facility for 64 patients at 13110 E. Nora Avenue ) ) ) ) ) FINDINGS, CONCLUSIONS, AND DECISION FILE NO. CUP-2020-0001 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is requesting a Conditional Use Permit (CUP) to construct a 44,000 square foot substance abuse treatment facility for 64 patients, in the City of Spokane Valley, Washington. The facility will also include a walk-in medical and mental health clinic. Decision: Approved with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/Owner: Spokane Treatment and Recovery Services PO Box 2846 Spokane WA 99220 Property Location: The property is located on Nora Avenue, immediately south of I-90 and between Pines and Mamer Road. The site is addressed as 13110 E. Nora Avenue in Spokane Valley, Washington. The subject property is designated as Tax Parcel Nos. 45104.9173 and 45104.9174. Legal Description: Lots 1 and 2, Short Plat SHP-03-05, according to the plat thereof recorded in Volume 23 of Short Plats, Pages 41 and 42, records of Spokane County, Washington. Situate in the City of Spokane Valley, County of Spokane, State of Washington. Zoning: The property is zoned Corridor Mixed Use (CMU). City of Spokane Valley Comprehensive Plan (“CP”) Map Designation: The property is designated as Corridor Mixed Use (CMU). Site Description: The subject site is 3.2 acres in size. The site is relatively flat with an increasing slope on the southern edge of the property adjacent to the Whimsical Pig Apartment property. The site is currently vacant. Surrounding Conditions and Uses: I-90 borders the property to the north. The zoning and CP designations to the south, east, and west are CMU. There is a multi-family apartment complex to the south, vacant land/commercial development to the east, and vacant land/residential rental property to the west. Page 2 of 13 Project Description: The Spokane Treatment and Recovery Services (STARS) is requesting a CUP to operate a 44,000 square foot mental health and substance abuse treatment facility at 13110 E Nora Avenue, Spokane Valley, WA. The facility will be a full-service hospital diversion, crisis stabilization, and step-down program for those presenting with substance abuse and/or mental health disorders who might check into emergency departments, state hospitals, or jails. The center will serve men and women ages 18 and older. The facility will also function as a walk-in medical and mental health clinic and will have both inpatient and outpatient services. The facility will have 32 beds dedicated to enhanced sub-acute withdrawal management services (ASAM 3.2WM). The patients will receive early intervention, ASAM 1.0 outpatient substance disorder treatment, and psychiatric medication management services to increase patient retention and to increase discharge into more intensive treatment services. Patients may receive up to one year of intensive co-occurring outpatient treatment based on medical necessity. The treatment services will also include life skills and vocational training and education. The other 32 beds are dedicated to crisis stabilization and community re-integration. These patients will also receive co-occurring outpatient treatment, psychiatric medication management, and discharge planning in an ASAM 3.1 recovery house for up to 30 days. Patients not ready for outpatient level of care after the stabilization period will be transitioned to long-term recovery house programming, assisted living programs, or an adult residential treatment facility. All patients admitted to the facility will be voluntary. The facility will not be a lockdown or patient restraint facility. Referrals to the facility will all be non-emergent and will be handled by STARS facility staff except in the case of self/family admittance. The proposed STARS facility would serve up to sixty-four patients at a time with the patients sharing a room based on gender. The patients in the withdrawal management program will receive inpatient care for 5 to 7 days, and the crisis diversion patients will receive inpatient care for 30 to 45 days. Patients will be transitioned to a long-term recovery program subsequently if they are not ready for outpatient services. Admission to the facility will take place on-site. Patients will be transported to and from the facility by STARS staff for other off-site necessary appointments. Walk-in admittance will only be allowed 8 a.m. to 5 p.m., Monday through Friday. Transports directly from jails will only be allowed between 8 a.m. and 4 p.m., Monday through Friday by STARS staff. Other STARS facilities currently offer emergency room (ER) diversion services from Sacred Heart and Holy Family Hospitals between 8 a.m. and midnight, seven days a week. Visitors will only be allowed to the facility if approved by the case manager. Examples of visitors are CPS workers, social workers, legal consultants, medical professionals, or immediate family or friends that are included as support systems in the patient’s individualized service plan. Family and friends will be screened prior to entering the facility and visits will be monitored. Visitors will only be allowed during normal business hours of 8 a.m. to 5 p.m., Monday through Friday. The facility will be staffed 24 hours a day with approximately 24 staff including clinical, administrative, facilities, and support staff during the typical Monday through Friday workweek and 15 staff also including clinical, facilities, and support staff working the nightly shift. The facility will have two parking lots, one for each side of the facility, with a total of 88 parking stalls. Each lot will have the required stormwater drainage facilities, landscaping and lighting. The property fronts along Nora Avenue, which is classified as a Local Access Street. The street pavement width is 30 feet and Type ‘A’ gutter exists along the property Page 3 of 13 frontage. The project will require 10-foot roadside swales and either adjacent or separated 6-foot sidewalks per the Spokane Valley Street Standards (SVSS). PROCEDURAL INFORMATION Authorizing Ordinances: Spokane Valley Municipal Code (SVMC) Title 19 (Zoning Regulations), SVMC Title 21 (Environmental Controls), and SVMC Title 22 (Design & Development Standards). Notice of Application: Mailed: February 14, 2020 Notice of Public Hearing: Mailed: May 12, 2020 Posted: May 11, 2020 Published: May 8 & 15, 2020 Public Hearing Date: May 27, 2020 Site Visit: May 26, 2020 State Environmental Policy Act (SEPA): A Mitigated Determination of Non-Significance (MDNS) was issued on May 1, 2020. Any appeal of the DNS was due on May 15, 2020. The MDNS was not appealed. Testimony: Connor Lange, Planner City of Spokane Valley Building and Planning Division 10210 E Sprague Avenue Spokane Valley WA 99206 Blake Redding Spokane Treatment and Recovery Services 105 W. 3rd Avenue Spokane WA 99201 bredding@spokanerecovery.org Chris Morlan Indigo Diggs Architecture 1912 E. Sprague Avenue Spokane WA 99202 cm@indigodiggs.com Public commenters/participants: Brandy Singer 3502 S. McDonald Lane Spokane Valley WA 99206 brandysinger@hotmail.com Donald Redding Spokane Treatment and Recovery Services 105 W. 3rd Avenue Spokane WA 99201 dredding@spokanerecovery.org David Lorber 11016 E. Montgomery Drive Suite 102 Spokane Valley WA 99206 Lanette Frei lanettefrei@gmail.com Page 4 of 13 Exhibits: 1. Vicinity Map 2. Application Submittal 3. Spokane County Board of County Commissioners Resolution No. 2018-0771 4. Site Plan of Record 5. Determination of Completeness 6. Notice of Application 7. MDNS 8. Notice of Public Hearing 9. Agency Comments 10. Public Comments 11. Trip Generation and Distribution Letter (TGDL) – Revised, dated April 28, 2020 12. Certificate of Transportation Concurrency, dated April 29, 2020 The following exhibits were received at the hearing: 13. Staff PowerPoint Presentation FINDINGS AND CONCLUSIONS To be approved, the proposed CUP must comply with the criteria set forth in the SVMC and demonstrate consistency with the CP. The Hearing Examiner reviewed the application and the evidence of record with regard to the application and makes the following findings and conclusions: 1. The proposed treatment facility is allowed as an “essential public facility” in the Commercial Mixed Use zone, provided the criteria for a conditional use permit are satisfied. STARS has proposed to operate a mental health and substance abuse treatment facility within a CMU area. Patients to the facility will be there on a voluntary basis. STARS will provide both in-patient and out-patient services. STARS will offer patients two types of treatment: a withdrawal management program for 5 to 7 days; and a crisis diversion program lasting 30 to 45 days. The facility will also include a walk-in medical and mental health clinic. The Staff has correctly determined that this type of use qualifies as an “essential public facility” (EPF). See Staff Report, p. 4. Both state law and local code provisions support the Staff’s analysis. The term “essential public facility” refers to facilities that are typically difficult to site. See Revised Code of Washington (RCW) 36.70A.200(1); see also Washington Administrative Code (WAC) 365-196-200(9); see also WAC 365-196-550; see also SVMC, Appendix A, Definitions. EPFs include both new and existing facilities and need not be owned by the public to qualify as EPFs. See WAC 365-196-550(1)(b)-(c). Examples of EPFs include airports, state and local correctional facilities, “mental health facilities,” group homes, and “substance abuse facilities,” among others. See WAC 365-196-550(1)(d); see also SVMC, Appendix A, Definitions (defining EPFs as including “substance abuse, mental health, and secure community transition facilities.”). Page 5 of 13 The uses allowed in each zoning district are set forth in the Permitted Uses Matrix. See SVMC 19.60.010(A). The category of uses entitled “Public/Quasi-Public” includes EPFs. See SVMC 19.60.050. According to the matrix, EPFs are allowed as a regional siting use (designated as “R”) in all zones except Mixed Use (MU) and Parks and Open Space (POS). See id. In other words, an EPF are allowed in the Commercial Mixed Use (CMU) zone. See SVMC 19.60.040. Although permitted in the zone, such proposals trigger a review under the regional siting process. See id. The City of Spokane Valley has entered into an interlocal agreement relating to the siting of EPFs. See SVMC 19.90.010. Pursuant to that agreement, and in accordance with city code, an application for an EPF must first be submitted to Spokane County. See SVMC 19.90.010(C). The Board of County Commissioners (BOCC) is responsible for determining whether a specific proposal is an EPF and, if so, its level of significance. This process was followed with respect to the STARS proposal. Upon completing its review, the BOCC determined that the proposed facility is an EPF of only local significance. See Exhibit 3 (Resolution No. 2018-0771). The proposed facility does not have regional significance. See id. The regional siting process is not applicable to EPFs of only local significance, such as the proposed facility. The City of Spokane Valley has not adopted a local siting process for EPFs, either through development regulations or within its CP. However, all EPFs located within the City of Spokane Valley require approval of a CUP pursuant to Chapter 19.150 SVMC. See SVMC 19.90.010(E). As a result, the proposed STARS facility should be considered in light of the criteria applicable to CUPs, in the same fashion as other CUP applications. The Hearing Examiner concludes that an EPF is allowed in the CMU zone, subject to satisfying the requirements for a CUP. Therefore, this criterion is met. 2. The conditional use is consistent with the Comprehensive Plan and with the character and appearance of the existing or proposed development in the vicinity of the subject property. See 19.150.030(A)(1). Pursuant to the requirements of the Growth Management Act (GMA), the CP includes a description of the regional siting process for EPFs in the City of Spokane Valley. See CP, Chapter 7, Capital Facilities & Services. The specific steps of the regional siting process are set forth in SVMC 19.90, as summarized above. The Applicant, with the City’s guidance, followed this process and submitted the proposal to the BOCC of Spokane County for review. See Exhibit 3. In doing so, the Applicant and the City acted consistently with the guidance found in Chapter 7 of the CP. In addition, the broader intent of Capital Facilities Goal CF-G1, which calls for coordination with other jurisdictions to effectively provide facilities and services, was fulfilled. See CP, Goal CF-G1, p. 2-28; see also CP, CF-P19, p. 2-29 (similar). The proposal is also consistent with CP Land Use Goal LU-G2, as determined by the Staff. See Staff Report, p. 5. Goal LU-G2 states the City’s objective to provide for land uses that are essential to Spokane Valley residents, employees, and visitors. See CP, LU-G2, p. 2-23. A center for treating drug addiction certainly provides an important public service. This country is in the grips of an opioid crisis, and alcohol addiction continues to be a pervasive social ill. Services such as the STARS facility address a pressing public health need, clearly in line with the intent of Goal LU-G2. Moreover, the proposed use Page 6 of 13 has been classified, under both state and local law, as an “essential public facility” for a reason. Although these types of uses often give rise to objections from neighbors and others, such facilities perform a critical public service that must be accommodated whenever possible. The project site is consistent with the development in the vicinity, which includes other medical and treatment facilities. Nearby uses include Multicare Valley Hospital located 0.30 miles southwest of the site on Mission Avenue and American Behavioral Health Systems inpatient care located 0.20 miles southwest on Mission Avenue. See Staff Report, p. 5. Nora Avenue, which will provide access to the site, consists primarily of commercial and office-related uses, including several real estate offices, a dental office, and retail. See id. The area along Nora Avenue has been transitioning away from residential uses to commercial/medical uses since the mid-1990s. See id., pp. 5-6. The Hearing Examiner concludes that the proposed use will not have a material impact on the character or appearance of the area in which it is located. The Hearing Examiner finds that this criterion is met. 3. The proposal complies with SVMC Title 21 (Environmental Controls). Development of the site is not apparently limited by its physical characteristics or the presence of environmentally sensitive conditions. The site is mostly flat, with the steepest area at only 3% slope. See Exhibit 2 (SEPA Checklist ¶ B(1)(b)). The property does not contain critical areas or priority wildlife habitat. Testimony of C. Lange. There are no streams, wetlands, or other surface waters on the site. See Exhibit 2 (SEPA Checklist ¶¶ B(3)(a)(1)). There are no threatened or endangered species of plants or animals on the site. See Exhibit 2 (SEPA Checklist ¶¶ B(4)(c) & B(5)(b)). The site does not lie within the 100-year floodplain. See Exhibit 2 (SEPA Checklist ¶¶ B(3)(a)(5)). On May 1, 2020, the City of Spokane Valley, as the lead agency, issued an MDNS for this project. See Exhibit 7. The MDNS was based upon a review of the completed environmental checklist, the application, applicable provisions of the SVMC, the TGDL, a site assessment, and comments from affected agencies. See Staff Report, pp. 3-4. There is nothing in this record that would call the City’s threshold determination into question. There was no testimony or other evidence presented at the hearing suggesting that the project would result in significant environmental harms that could not be addressed through the proposed mitigating measures. In addition, any appeal of the MDNS was due on May 15, 2020. See Staff Report, p. 4. The MDNS was not appealed. See id. Comments on the project identified three environmental issues. See Staff Report, p. 3. The first concern was traffic. See id. The second issue was the potential risk of disturbing cultural or archaeological resources during construction. See Exhibit 9 (agency comments). And the third issue was the potential impact to wildlife and trees. See Exhibit 10. Turning to the first issue, the Hearing Examiner concludes that potential traffic impacts are sufficiently addressed in the MNDS. The project is located in the North Pines Subarea of the Mirabeau Subarea Update, which requires that developers contribute a voluntary mitigation fee for PM peak trips. See Staff Report, p. 4. On April 29, 2020, the Applicant’s traffic engineer submitted a TGDL to the City. See Exhibit 11. The TGDL indicates that the Page 7 of 13 proposed use would generate 17 PM peak trips. See id. Based upon the trips generated by the project, the MDNS requires the developer to pay a voluntary mitigation fee in the amount of $33,082. See id. This payment is made to mitigate the anticipated traffic impacts to the North Pines corridor. The second issue concerned the potential presence of cultural or archaeological resources at the site. Specifically, the Spokane Tribe of Indians commented that the project is in a “high-risk” area for disturbing cultural resources. See Exhibit 9 (Letter of Spokane Tribe of Indians, dated April 22, 2020). The Washington State Department of Archaeology and Historic Preservation (WSAHP) also identified the site as having a “high potential for archaeological resources.” See Exhibit 9 (Letter of WSAHP, dated February 18, 2020). As a result, both the Spokane Tribe and the WSAHP requested that the project be conditioned upon the completion of a professional archaeological/cultural survey. See Exhibit 9. The MDNS also accounts for the risk of ground-disturbing activities by requiring the developer to complete a Cultural Resource Survey. See Exhibit 7. The MDNS further requires that the Spokane Tribe and the WSAHP review and concur with the results of the survey before ground disturbing actions are taken. See id. The Hearing Examiner concludes that the MDNS sufficiently addresses the concern. The final environmental concern was the allegation that the project would destroy wildlife habitat, especially for various species of birds. See Exhibit 10 (E-mail of L. Frei 5-13-2020, 9:37 PM). However, as discussed above, there are no endangered species at this site. The City also confirmed that there are no critical areas or priority habitat on the site. See id. (E-mail of C. Lange 5-20-2020, 9:53 AM). In addition, the cluster of trees that appears to be at the back of the property is actually on the adjacent property associated with an apartment complex. See id. Those trees are not on the project site and thus will not be removed by the Applicant. See id. As the Staff concluded, the procedural requirements of the SVMC and the SEPA have been fulfilled by the Applicant. Moreover, the proposed use, as conditioned, will not have significant impacts on the environment that are not being addressed by project conditions. As a result, the Hearing Examiner concludes that this criterion is satisfied. 4. The location, size, and height of buildings, structures, walls and fences, and visual screening for the conditional use shall not hinder or discourage the permitted development or use of neighboring properties. See 19.150.030(A)(2). The STARS facility will comply with all the requirements in the SVMC and locally adopted building codes for height and building setbacks. See Staff Report, p. 6. The building as proposed will be 28 feet tall, which is consistent with other two-story buildings along Nora Avenue. See id. There will be a retaining wall along the southern edge of the property, which will be approximately 4 to 6 feet at its highest point. See id. The recreational areas will only be accessible to patients under staff supervision and during scheduled outdoor breaks between 7:00 a.m. and 9:30 p.m. See id. The outdoor areas shall be screened with sight obscuring fencing in accordance with SVMC 22.70.070. See id. In addition, the structure as proposed will have similar appearance to a medical office, which is consistent with the existing commercial and medical uses located in vicinity. See id. Page 8 of 13 There is no evidence in this record suggesting that the proposed use will interfere with neighboring uses. The development standards, including restriction on height and setbacks, limit the potential impact of structures, walls, and fences. The project also includes appropriate screening, as discussed above. The Hearing Examiner concludes that this criterion is met. 5. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of SVMC Title 19. See 19.150.030(A)(3). The applicant is not requesting any modifications to the standards. See Staff Report, p. 6. Therefore, this criterion is not applicable to this case. Irrespective of that, the project is a permitted use in the CMU zone, as described in Paragraph 1 above, and is conditioned upon compliance with the applicable development standards. Therefore, this criterion is satisfied. 6. The conditional use does not conflict with the health and safety of the community. See 19.150.030(A)(4). The Hearing Examiner concludes that the proposed use does not conflict with the health and safety of the community. On the contrary, the STARS facility contributes to public health and safety by providing an essential public service, i.e. providing treatment to those struggling with mental health disorders or substance abuse. See Staff Report, p. 6. Patients of the facility will be afforded a secure, safe, medically supervised location to seek medical treatment. See id. The facility would be staffed with trained medical professionals who would monitor, administer medication, and provide care to those who are undergoing the treatments offered. See id. All patients will be voluntarily admitted to the facility even if coming from a hospital or jail. See id. The anticipated percentage breakdown for admittance will be 70% self/family admittance, 28% hospital or ER admittance, and 2% jail admittance. See id. The facility will have a security system with cameras covering the interior and exterior of the building. See id. However, the facility will not be a 100-percent lockdown facility. See id. The patients are there voluntarily. There are no provisions for patient restraint. See id. The fire exits would be alarmed and common entry points and elevators would only be accessed by staff key cards. See id. Outdoor time would be monitored and scheduled, and those areas would be screened from neighboring properties. See id. This type of facility frequently prompts fears that crime or other nuisances are sure to accompany the use. However, the Spokane Valley Police Department (SVPD) indicated that these types of treatment facilities do not generate any perceptible increase in emergency law enforcement calls. See Staff Report, pp. 6-7. And, as the forgoing discussion illustrates, the facility includes a range of protocols designed to keep the patients and the community safe. The STARS facility would provide an important public service and is not in conflict with the health or safety of the community or neighborhood. Therefore, the Hearing Examiner concludes that this criterion is met. Page 9 of 13 7. The proposed location does not result in the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity. See 19.150.030(A)(5). The Staff noted that several substance abuse treatment centers are located in Spokane Valley, with the nearest being located 0.20 miles to the southwest of the site on Mission Avenue. See Staff Report, p. 6. However, the nearest facility provides detox and inpatient services. See id. It does not provide the same level of outpatient services for medical treatment and mental health. See id. Because the closest facility does not provide the same treatment as STARS, the Hearing Examiner concludes that the proximity of the two uses cannot reasonably be deemed an “over-concentration” of a particular use. In addition, there is a shortage of behavioral health beds in the community, and the need is continuing to grow. Testimony of B. Redding. Rather than creating an over-concentration of use, the proposal would appeal to fulfill a pressing social need. This project does not add yet another treatment center to a preexisting collection of similar facilities. The site is situated next to I-90, adjacent to vacant commercial and residential land. There are also dental and real estate offices and an apartment building nearby, to name some examples. The proposed use, therefore, does not add to or exacerbate a pre- existing concentration of a specific use at this location. For the forgoing reasons, the Hearing Examiner concludes that this criterion for approval is satisfied. 8. The pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood. See 19.150.030(A)(6). Traffic to and from the site would generally consist of medical and administrative staff arriving and departing from the site, as well as patients coming for typical medical and mental health appointments during regular operating hours of 8 a.m. to 5 p.m., Monday through Friday. See Staff Report, p. 7. Patients arriving from the hospital or jail would be transported by STARS facility staff. See id. Other patients checking into the facility would be encouraged to leave their vehicles with family members. See id. There may be occasions when a patient would be allowed to park on-site, but that would be an exception rather than the rule. See id.; Testimony of B. Redding. The referrals will all be non- emergent, and the only time lights or sirens would be used is in the instance of a medical emergency that could not be handled on-site. See Staff Report, p. 7. Visitors would only be permitted if scheduled with medical staff. See id. The average daily traffic (ADT) for the project is anticipated to be 166 with an average of 17 PM peak hour trips per day. See id. See Exhibit 11. As discussed in Paragraph 3 above, the trips generated from this project call for the payment of a mitigation fee in the amount of $33,082. See id. The project traffic engineer considered the number of trips from this use, and the distribution of that traffic. See id. The traffic engineer concluded that, with the recommended mitigation fee, no further traffic analysis was warranted. See id. Thus, the project conditions address the anticipated traffic impacts of the use and collect an appropriate sum to offset the cost of those impacts on the transportation system. The property fronts on Nora Avenue, a local access street that runs parallel to I-90. There is no access to I-90 from Nora at this location. All the properties along this stretch of Nora, Page 10 of 13 between Mamer and Pines, access from the south side of the street. The Applicant is limited to four driveway approaches. See Staff Report, p. 9. The project conditions require the Applicant to prepare a sight-distance analysis. There is no reason to anticipate traffic conflicts given the access pattern. There is also no evidence in this record that the project will introduce any traffic hazards. The issue appears to be one of capacity, rather than traffic conflicts or hazards. However, as conditioned, any impacts to the transportation system are addressed by the mitigation conditions. The City apparently agreed, issuing a Certificate of Transportation Concurrency on April 29, 2020. See Exhibit 12. The Hearing Examiner finds that this criterion is met. 9. There are adequate public facilities or services to support the use and the use will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities. See 19.150.030(A)(7). The Hearing Examiner concludes that the proposed use will not result in a discernable increase in the need for public infrastructure or services. To the extent any burden is placed on the public infrastructure or services, such burdens are adequately addressed by project conditions. The Notice of Application was circulated to numerous departments and agencies for consideration and comment. See Staff Report, p. 11. Avista, the SVFD, and the Spokane Regional Health District (SRHD) advised that they had no comments on the project. See Exhibit 9 (agency comments). Minimal comments were provided by Spokane Transit Authority (STA). See id. The remaining agencies or departments that provided comments focused primarily on construction details. See id. None of the commenting agencies or departments suggested that public facilities were unavailable or insufficient to support the use, although some project conditions were requested. See id. When appropriate conditions were proposed, they were incorporated into the conditions of approval. See Staff Report, p. 11. This record further confirms that adequate public infrastructure or services are available or will be made available to support the project. For example, the transportation system has sufficient capacity to support the project, although traffic impact fees are warranted in this case. See Paragraph 8 above. Public sewer is installed along Nora Avenue and is available to serve the use. See Exhibit 9 (E-mail of J. Bruner 5-12-2020). The SVPD has indicated that these types of facilities do not generate an increase in law enforcement response. See Staff Report, p. 7. The SVPD had no concerns about this proposal and suggested no project conditions. Testimony of C. Lange. This is consistent with the Applicant’s experience operating these types of facilities. Emergency calls from a facility are rare, occurring at a rate of roughly one every 4 to 5 months. Testimony of B. Redding. The Hearing Examiner finds that this criterion is met. 10. The Hearing Examiner concludes that additional project conditions are not warranted for this proposal. See 19.150.040. The Hearing Examiner has discretion, pursuant to SVMC 19.150.040, to add various project conditions, depending on the circumstances of each case. The Hearing Examiner Page 11 of 13 concludes that the project conditions proposed by Staff are sufficient to address the concerns about the project. Therefore, the Hearing Examiner declines to add discretionary, additional conditions to this proposal. The Hearing Examiner agrees with the Staff’s analysis of the factors listed in SVMC 19.150, and hereby incorporates the Staff’s analysis on these issues. See Staff Report, pp. 8-10. DECISION Based on the findings and conclusions above, it is the decision of the Hearing Examiner to approve the proposed CUP for the STARS facility with the following conditions: COMMUNITY & PUBLIC WORKS DEPARTMENT - BUILDING & PLANNING DIVISION 1. This CUP authorizes the mental health and substance abuse treatment facility described in the application documents and plans on file with the Planning Department, at the site located at 13110 E. Nora Avenue, for a maximum of 64 inpatient beds. Any increase in the number of inpatient beds, or change in services provided, will require a modification to this CUP. Other non-substantive changes may be administratively approved by the City. 2. A title notice shall be recorded for the property referencing CUP-2020-0001 decision and the conditions imposed on the use. 3. All permit and recording fees associated with the use are the responsibility of the applicant/owner. 4. Pursuant to SVMC Table 22.50-1 “Required Parking Spaces for Specific Uses,” a total of 88 parking stalls shall be required for the facility unless a reduction of up to 25 percent is approved by the City Manager or designee pursuant to SVMC 22.50.020(A)(7). 5. The outdoor recreation areas shall be screened from neighboring properties with sight-obscuring fencing prior to issuance of the Certificate of Occupancy. COMMUNITY & PUBLIC WORKS DEPARTMENT - DEVELOPMENT ENGINEERING 1. Nora Avenue Frontage improvements are required as described below. • 10’ wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. The swales may be located adjacent to the back of curb or located onsite behind the sidewalk within a drainage easement. • 6’ wide concrete sidewalk per SVSS Std. Plan R-103. The sidewalk may be adjacent or separated. 2. A Border Easement is required along parcels 45104.9173 and 45104.9174. The border shall match the existing easement width created by SHP-03-06 and extend to the east lot line of parcel 45104.9174. Page 12 of 13 3. All existing driveway approaches shall be removed and replaced with Type ‘A’ curb per SVSS Standard Plan R-102. 4. This project site shall be limited to a maximum of four (4) driveway approaches. 5. A sight-distance analysis per SVSS 7.6.5 shall be provided for each driveway approach. No obstructions such as vegetation, fencing, signage, or buildings shall be located within the sight-distance triangles. DATED this 22nd day of June, 2020. Brian T. McGinn City of Spokane Valley Hearing Examiner c/o City of Spokane Office of the Hearing Examiner 808 W. Spokane Falls Blvd. Spokane WA 99201 509-625-6010 hearingexaminer@spokanecity.org Page 13 of 13 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC) and Chapter 36.70C of the Revised Code of Washington (RCW), the decision of the Hearing Examiner on an application for a conditional use permit is final and conclusive unless within 21 calendar days from the date of issuance of the Hearing Examiner’s decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. On June 22, 2020, a copy of this decision will be mailed by regular mail to the Applicant and by verifiable electronic mail 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 the Hearing Examiner’s decision is three (3) days after it is mailed. The date of issuance of the Hearing Examiner’s decision will be June 25, 2020. THE APPEAL CLOSING DATE FOR THE CONDITIONAL USE PERMIT DECISION IS JULY 16, 2020. The complete record in this matter is on file during and after the appeal period City of Spokane Valley Community & Public Works Department-Building and Planning Division, located at 10210 E. Sprague Avenue, Spokane Valley, WA 99206; by contacting staff 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.