CUP-2013-0001 CUP Day Care-Cafone CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional I Jse Permit for a Day Care Center )
for 13 or more children, in the Single-Family )
Residential (R-3) Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Dawn Cofone ) AND DECISION
File No. CUP-2013-0001 )
)
I. SUMMARY OF DECISION
Summary of Hearing Matter: Application for a conditional use permit for a day care center for
13 or more children, in the R-3 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 a day care center for
13 or more children, in the Single-Family Residential (R-3) zoning district; to allow use of a
portion of an existing church building for a day care center accommodating up to 49 children, on
approximately 4.9 acres of land.
2. The site is located along the north side of Eighth Avenue, approximately 300 feet west of the
intersection of Eighth Avenue and Sullivan Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45231.2250. The church
located on the property has a street address of 15319 E. Sprague Avenue, Spokane Valley.
4. The applicant is Dawn Cofone; with a mailing address of 18 N. University Road, Spokane
Valley, WA 99206. The site owner is The Episcopal Church of the Resurrection; with a mailing
address of P.O. Box 14771, Spokane Valley, WA 99214-0771.
5. On May 9, 2013,the applicant submitted a complete application for the CUP.
6. On June 21, 2013, 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 June 25, 2013, the Hearing Examiner conducted a public hearing on the application. The
notice requirements for the public hearing were met. The Hearing Examiner conducted a site visit
on June 24, 2013.
8. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20 and 19.50 of
the Spokane Valley Municipal Code (SVMC); and the Hearing Examiner Scheduling Rules and
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Rules of Conduct, as codified in Appendix B of the Uniform Development Code (UDC). The
UDC consists of SVMC Titles 17-24.
9. The following persons testified at the public hearing:
Christina Janssen, Assistant Planner
Spokane Valley Community Development Department
11707 E. Sprague Avenue
Spokane Valley, WA 99206
10. The site is approximately 4.9 acres in size, rectangular in shape, relatively flat in topography,
and accessed from Eighth Avenue. The property borders Sixth Avenue, but does not access the
right of way.
11. The south one-half (1/2) of the site is improved with a 2-level main church building and
addition, rectory (single-family dwelling), playground area surrounded by a 6-foot high chain link
fence, garden, large paved parking lot, and mature landscaping.
12. Up until June 2012, the north portion of the church building housed a church school that
accommodated children in kindergarten through third grade. Such area currently accommodates a
Sunday school. See plan sheet prepared by Rundquist Partnership Inc. on 11-8-99, floor plan for
school area in church building, and photos of site and existing conditions map in Exhibit 8.
13. The application proposes use of the former school area of the church for a daycare center that
would accommodate up to 49 children. The day care center, and related pre-school use, is
expected to have three (3) employees, be operated from 6:00 a.m. to 6:00 p.m., not require any
construction, be accessed from the east end of the church building, and generate up to 20 PM peak
hour vehicle trips. The pre-school use is a permitted use in the R-3 zoning district. See
application, SEPA checklist, written narrative, floor plan, and testimony of Christina Janssen.
14. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan, zoned R-3, and generally developed with single-family dwellings on lots of
various sizes; except for the land lying east and northeast of the site.
15. The parcel of land located between the northerly one-fourth (1/4) of the site and Sullivan
Road is designated in the Office category of the Comprehensive Plan, zoned Office (0), and
undeveloped. The parcels lying directly north of such parcel, abutting Sullivan Road, are similarly
designated and zoned; but are mostly improved with office uses.
16. The land lying between the southerly three-fourths (3/4) of the site and Sullivan Road to the
east is designated in the Low Density Residential category of the Comprehensive Plan, zoned
Single-Family Residential Urban (R-4), and subdivided and developed with single-family
dwellings and duplex dwellings.
17. The parcel of land lying one (1) parcel northeast of the site, bordering the parcels zoned 0
that abut Sullivan Road to the northeast, is designated in the Medium Density Residential category
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of the Comprehensive Plan, zoned Multifamily Medium Density Residential (MF-1), and
developed with multifamily dwellings.
18. Central Valley High School is located along the east side of Sullivan Road, east and
southeast of the site. A church is situated at the southwest corner of the intersection of Sullivan
Road and Eighth Avenue.
19. Medium and high density residential zoning and housing, and some commercial zoning and
uses, are found along Sullivan Road to the north. Sprague Avenue to the north is dominated by
commercial uses. See Exhibit 8, and Staff Report.
20. The City Arterial Street Plan designates Sullivan Road as a Principal Arterial, and Eighth
Avenue as a Minor Arterial.
21. The Low Density Residential category of the Comprehensive Plan addresses a range of
single-family residential densities ranging from 1-6 dwelling units per acre.
22. The Staff Report sets forth relevant policies of the Comprehensive Plan. Policy LUP-1.1 also
has relevance.
23. The R-3 zoning district implements the Low Density Residential category of the
Comprehensive Plan; and generally consists of low density residential development intended to
preserve the character of existing development, subject to the dimensional standards set forth in
SVMC Chapter 19.40. See SVMC 19.40.050.
24. The R-3 zoning district permits outright, subject to compliance with certain performance or
development standards, such uses as single-family dwellings, duplex dwellings, day care centers
for up to 12 children, adult day care facilities, child and adult family homes, churches and similar
religious uses, schools from grades K-12, bed and breakfast facilities, community residential
facilities for up to six (6) residents, and community facilities. See SVMC 19.120 (including
Appendix 19-A).
25. The R-3 zoning district permits day care centers for 13 or more children, subject to
compliance with the conditional use permit (CUP) criteria set forth in SVMC Chapter 19.150. See
SVMC 19.120 (including Appendix 19-A).
26. A request for a CUP may be denied where it cannot be clearly demonstrated that the
requested use will be compatible with other permitted uses in the vicinity of the proposed use. A
conditional use is subject to specific review by the Hearing Examiner, during which additional
conditions may be imposed to assure compatibility with other uses in the vicinity.
27. SVMC 19.150.030 sets forth the conditions and requirements that pertain to requested CUPS;
in addition to the general development standards for the R-3 district set forth in SVMC Chapter
19.40, and other relevant provisions of the UDC.
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28. The proposed day care center for up to 49 children is anticipated to have similar impacts in
the neighborhood to the K-3 private school that existed in the same portion of the church building
where the day care center would be housed, and that used the same outdoor playground facilities.
No new construction is anticipated to be needed for the day care center, or the accompanying
preschool use planned in the space.
29. Neighboring property owners did not comment on the proposed CUP, which is indicative that
the neighborhood is not concerned with the impacts of the project; and public agencies did not
express any concerns with the project. The site is located inside a church and on church property,
in an area of some mixed uses. The use will serve the surrounding neighborhoods. There is no
reason to believe that operation of the day care center will be incompatible with the other uses in
the vicinity.
30. Transportation, sewer and water concurrency for the CUP is apparent; based on the
connection of the church to public sewer and water, and the similarity of the impacts of the
proposed use to the previous school located in the church. Eighth Avenue adjacent to the site is
already fully improved; and the site has near access to Sullivan Road, a Principal Arterial.
31. The proposed CUP, as conditioned, is consistent with the Comprehensive Plan and the
applicable development standards set forth in the SVMC, and the conditions and requirements
recommended for the CUP are adequate and appropriate under SVMC 19.150.030; based on the
analysis set forth in the Staff Report.
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 UDC portion of 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. Certain minor additions should be made to the
conditions of approval for compliance purposes, as set forth in the conditions set forth below.
3. 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.
4. The application, as conditioned, is generally consistent with the Comprehensive Plan, and
will be compatible with other permitted uses in the vicinity.
5. The application, as conditioned, complies with the criteria specified in SVMC 19.150.010 for
approving a conditional use permit for a daycare center within an existing facility in the R-3 zone,
and the general development standards of the R-3 zone.
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6. Any conclusion of law above that is a finding of fact is hereby deemed such.
7. 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 a daycare center for 13 or more children, in the R-3 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 DEVELOPMENT DEPARTMENT:
1. The day care center shall be designed and operated substantially as indicated on the site
plan of record; and substantially as described in the application, SEPA checklist and written
narrative submitted by the applicant.
2. When permanent structures are planned,the appropriate permits must be obtained.
3. Future development must adhere to the development standards set forth in the Single Family
Residential district(R-3).
4. Existing landscaping must be maintained in healthy condition.
SPOKANE COUNTY DIVISION OF UTILITIES:
1. Facilities on the site are currently connected to sewer; however, depending on the nature of
the new use and or expansion, additional facilities may also need to be connected and a sewer
connection permit and inspection may be required. Commercial developments shall submit
historical and/or estimated water usage prior to the issuance of the initial building permit of the
project in order to establish sewer fees. Estimated water usage will be necessary in order to
determine if increased General Facilities Charges and monthly service fees will be required.
SPOKANE REGIONAL HEALTH DISTRICT:
1. Appropriate fees must be remitted by the applicant, before review of the conditional use
permit by the District and the submittal of comments to the Community Development Department.
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DATED this 8th day of August, 2013
SPOKANE VALLEY HEARING EXAMINER
Michael C. empsey, 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 August 8, 2013, 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 August 12, 2013, counting to the next business day. THE
APPEAL CLOSING DATE IS SEPTEMBER 3, 2013, counting to the next business day
when the last day for appeal falls on a holiday.
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 Christina Janssen 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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