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2015, 09-02 Center For Justice Letter Re: Proposed Conditions of ApprovalSeptember 2, 2015 Michael C. Dempsey Hearing Examiner 1026 W. Broadway Spokane, WA 99260-0245 CEN ER, FOR JUSTICE E.V,„'UwLR NG Pront. & ComNitiNi I IP.S Dean Grafos, Mayor City of Spokane Valley 11707 E. Sprague Av, Ste 106 Spokane Valley, WA 99206 RE: Proposed Conditions of Approval for the Painted Hills Planned Residential Development Dear Sirs: This letter is submitted on behalf of the Carmel of the Holy Trinity ("Carmel") and Black Realty Inc. on the proposed Painted Hills Planned Residential Development ("RSD"). As you know, Black Realty Inc. is the applicant for approval of the Painted Hills project. The Carmel is an adjoining landowner to the proposal. The Carmel is a community of contemplative, cloistered nuns. Members of the community live within a strict enclosure, which they can leave only for necessities such as medical care. They strive to be self-sufficient by raising as much of their food as possible. The Carmel and its members live by a monastic rule that prescribes silence and privacy. The Carmel selected the location in Spokane Valley because of its relatively rural setting and the privacy afforded by the site. Inconsiderate development of the former Painted hills golf course would threatens the privacy, silence, and the very nature of the Carmel. In the spirit of cooperation and of being a positive and considerate neighbor, Bryan Walker from Black Realty Inc. approached the Carmel in order to understand and attempt to address any concerns that development of the site may present. The parties mutually agreed that the measures described below will help us reduce the impacts of site development on the Carmel, while allowing for development of the site. Accordingly, the parties request that the City of Spokane Valley include these measures as conditions of approval for the project. If these conditions are adopted, the Carmel will not object to the approval of the project. The Carmel commends the efforts of Mr. Walker in working to develop the project in a way that strives to reduce the impacts to the Carmel. 35 \V 1►.1IN. -Tis:toll - -1 (R_ANF:. AV".A 99201 ;iO3,835.:S21 1 • \\\W(`l'O1 .JI `S'U1('1=,.01:(: Page 2 The specific requested conditions agreed to by the developer for approval are as follows: 1. During initial development of the RSD site, the owner shall plant, at his/her own expense, western red cedars or other mutually agreed upon evergreen trees of sufficient size, number, and spacing (as mutually agreed) to provide a visual and sound buffer on the southern and eastern sides of the Carmel's wall and on the western edge of the 87 foot buffer described in #7 below. All trees will be located on RSD property. Consideration shall be given to preservation of existing vegetation. Trees shall be watered, maintained, and replaced as needed to provide a vegetated screen between the project and the Carmel. No vegetation shall be permitted to touch or hang over the wall. Public use of the vegetated buffer will be restricted. 2. Fences shall not touch or be connected to the Carmel wall. 3. Single family and cottage homes along the southern and eastern side of the Carmel's wall shall be limited to single story. 4. Single family and cottage homes will be subject to no less than the back property boundary set back, as prescribed by the requirements of the Spokane Valley Code 19.40.020. 5. The trail between cottage homes and the eastern Carmel wall will be limited to tenant -use only and not be open for public use. 6. Windows on multi -family buildings will be configured away from viewing into the Carmel. No windows or balconies will be on the north facing sides of the multi -family buildings. 7. The initial 87 feet along the Carmel's southern wall an the site of the proposed multi -story buildings shall be resticted to the following activities: parking, garage placement, landscaping. 8. All the identified conditions shall be memorialized as CC&Rs for the applicable properties and shall apply to subsequent owners of the property. Thank you for consideration of this letter. Sincerely, CENTER FOR JUSTICE Rick Eichstaedt Attorney for the Carmel of the Holy Trinity Page 3 BLACK ALTY INC. Bryan Walker Broker Cc: Spokane VaIIey City Council Spokane County Comniissioners Spokane Valley City Attorney Spokane VaIIey Community Development Spokane County Building and Planning