2015, 09-05 Center For Justice Letter Re: Proposed Conditions of Approval9/5/2015
Michael C. Dempsey
Hearing Examiner
1026 W. Broadway
Spokane, WA 99260-0245
E R FoR U ST i C E
LM O1Yt_ltIN6 I'i )ra & (LmmuNi 1'IES
Dean Grafos, Mayor
City of Spokane Valley
11707 E. Sprague Ave., 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 threaten 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 to reduce the impact of site development on the Carmel.
Accordingly, the parties request that the City of Spokane Valley include these measures as
conditions of approval for the project.
35 W Main, Ste 300 Spokane, WA 99201 509.835,5211 www.cforjustice.org
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If these conditions are adopted as follows, 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 impact to the Carmel.
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. Number and spacing of trees shall consider the goal of
providing visual and sound buffering while allowing the growth of trees to full maturity
(for example, a western red cedar requires an area of approximately 12-20 feet in
diameter). All trees will be located on the 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 Carmel's wall, except for the hedges
mentioned in # 3 below.
2. Public use of the vegetated buffer will be restricted and may not contain trails or other
public amenities.
3. Fences shall not touch or be connected to the Carmel wall. In order to limit public use of
the space along the Carmel wall without using fences, hedges shall be maintained in lieu of
fences to join the property owner's fence to the Carmel wall at the extremities of the buffer
zones (perpendicular to the Carmel wall on the northern end of its eastern wall (near the
proposed cottages), on the eastern end of its southern wall (near the single family units),
and toward the western end of its southern wall (western end of the multi -family units)).
These hedges will be chosen so as to be of a nature to inhibit passage as well as to prohibit
the facility to climb over the wall.
4. Single family and cottage homes along the southern and eastern side of the Carmel's wall
shall be limited to single story.
5. 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.
6. The trail between cottage homes and the eastern Carmel wall will be limited to tenant -use
only and not be open for public use.
7. 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.
8. The initial 87 feet along the Carmel's southern wall on the site of the proposed multi -story
buildings shall be resticted to the following activities: parking, garage placement,
landscaping.
9. All the identified conditions shall be memorialized as CC&Rs for the applicable properties
and shall apply to subsequent owners of the property.
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Sincerely,
CENTER FOR JUSTICE
1/411 /1(7
Rick Eichstaedt
Attorney for the Carmel of the Holy Trinity
BLACSEALTY, INC.
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7
Bryan Walker
Broker
Cc: Spokane Valley City Council
Spokane County Commissioners
Spokane Valley City Attorney
Spokane Valley Community Development
Spokane County Building and Planning