Rainier View Court Homeowners Ass'n v. Zenker

157 Wash. App. 710
CourtCourt of Appeals of Washington
DecidedSeptember 8, 2010
DocketNo. 39187-2-II
StatusPublished
Cited by12 cases

This text of 157 Wash. App. 710 (Rainier View Court Homeowners Ass'n v. Zenker) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainier View Court Homeowners Ass'n v. Zenker, 157 Wash. App. 710 (Wash. Ct. App. 2010).

Opinions

Quinn-Brintnall, J.

¶1 Rainier View Court is a residential development that was designed for construction in three phases. The Rainier View Court Homeowners Association Inc. (HOA), comprising homeowners in phases I and II, appeals the trial court’s summary judgment order in favor of Edward Zenker, a managing member of the developer of Rainier View Court. The HOA contends that the trial court erred when it granted Zenker’s motion for summary judgment because it improperly relied on extrinsic evidence to determine his intent to grant future residents of phase III a right to use a park located in the phase I plat. Specifically, the HOA contends that the phase I plat is unambiguous and does not grant an easement right for future phase III residents to use the park. The HOA also contends that the trial court erred by relying on the Pierce County hearing examiner’s decision approving the Rainier View Court preliminary plat as binding legal authority and by refusing to address the HOA’s breach of fiduciary duty claims against Zenker. We affirm.

FACTS

Background Facts

¶2 Zenker is a managing member of Rainier View Court LLC, which is the developer of the Rainier View Court plat, a gated community. Rainier View Court is an approximately 30-acre development located within a high-density residential district zone in Spanaway, Washington. The Pierce County hearing examiner approved the preliminary plat for Rainier View Court for development in three phases. Phases I and II consist of 179 residential lots for single-family homes; phase III consists of a single lot for 64 multifamily units.

[714]*714¶3 The approved Rainier View Court preliminary plat map depicts a park, labeled “Tract B,” which is located within phase I but which adjoins all three phases of the plat. The hearing examiner’s decision indicates that only the design of the plat as a whole, including the single-family homes in phases I and II and the multifamily units in phase III, along with the open spaces achieved in part by the park, satisfies the requirements for development within the high-density residential district zone.

¶4 Specifically, the hearing examiner made the following findings and conclusions:

FINDINGS:
5. ... The applicant requests preliminary plat and planned development district (PDD) approval to allow subdivision of the site into 179 single family residential lots and one lot containing 64 multi-family residential units for a total of 243 dwelling units on 180 lots. . . .
6. ... All properties for substantial distances in all directions from the site are located in the urban growth area and residential areas are designated either Moderate Density Single Family (MSF) or High Density Residential District (HRD). The Council designated the entire site and properties abutting the northeast and southwest corners as HRD. . . .
7. Section 18A.35.020(B) of the Pierce County Code (PCC) sets forth the Density and Dimension Tables which authorize a maximum base density of 20 dwelling units per acre and a maximum density of 25 dwelling units per acre upon approval of a PDD in the HRD classification.... Thus, the applicant, without submitting to the public hearing process, could construct apartments at a density of 20 dwelling units per acre on the site. However, subdivision of the site into individual lots requires approval of a preliminary plat and a public hearing.
8. ... Access to the single family residential portion of the plat is provided from both 176th St. E. and 22nd Ave. E. The multi-family lot will have its own access onto 22nd. The plat map shows a storm drainage tract adjacent to [715]*71522nd Ave. E. and a community park in the southeast portion of the plat. Amenities include street trees on internal plat roads, sidewalks/paved pedestrian pathways along one side of internal plat roads and on 176th St. and 22nd Ave., and a six foot high, solid board fence around the perimeter.
9. ... The Land Use Element of the comprehensive plan provides that the overall density in [urban growth areas] should be high enough to provide urban level facilities and services at a reasonable cost per unit, thereby making affordable housing choices available. The applicant proposes an overall density of 8.13 dwelling units per acre, slightly over the minimum six dwelling units per acre required by the HKD zone, and substantially less than the base density of 20 dwelling units per acre authorized by the HRD zone. . . .
10. The plat proposes 2.76 acres of open space in the nature of a community park, open space areas, and a storm drainage tract which calculates to 9% of the site. Even though the total amount of open space is less than normal, the reduced density and single family residential yards will provide additional open space. The applicant proposes to improve Tract B park with an outdoor play structure for children, a sport court with basketball hoop, benches, and picnic tables.... The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds.
CONCLUSIONS:
5. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a combined single family and multi-family subdivision, and therefore should be approved subject to the following conditions:
2. A landscape plan, prepared by a Washington State registered landscape architect or Washington State certified professional nurseryman, shall be submitted to [716]*716Planning and Land Services for review and approval, prior to final plat approval.... The landscape plan shall also include the park area, Tract B. All planting shall be installed prior to final plat approval.
30. The applicant shall improve the community park in accordance with Exhibit “4”.

2 Clerk’s Papers (CP) at 294-301.

¶5 Pierce County Planning and Land Services approved the final plat for phase I, which was recorded on September 11, 2002. The dedication on the phase I final plat provides,

We the undersigned owners of the herein described property dedicate these lots to the purchasers thereof. All roads are private and are not dedicated to the public. Each lot owner shall have an easement for ingress, egress and utility purposes and any other purposes not inconsistent with its use as a roadway over and across all the private roads shown on the plat. . . .
We hereby convey an easement for ingress, egress and utilities over, under, and across the private roads as shown hereon to the present and future lot owners of existing and future phases of the Plat of Rainier View Court, for all purposes not inconsistent with the use of a private road and utilities easement.

2 CP at 393.

¶6 The recorded plat for phase I identifies Tract B as a “park,” which is bordered by phase I on the northeast corner, by phase II on the south and the east, and by phase III on the northwest corner. Note 9 of the recorded phase I plat states, “All lot owners shall have a l/86th undivided interest in Tracts ‘B’, ‘E’ and ‘F’ for taxing purposes with said tracts to be deeded to the Rainier View Court Homeowner’s Association for ownership.” 2 CP at 399.

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Cite This Page — Counsel Stack

Bluebook (online)
157 Wash. App. 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainier-view-court-homeowners-assn-v-zenker-washctapp-2010.