2000, 07-11 Spokane County Memo Re: Painted Hills Golf Course PetitionS P O K A /•1 -
DIVISION
DIVISION OF PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT
MICHAEL V. NEEDHAM, DIRECTOR GARY OBERG, DIRECTOR
MEMO
DATE: July 11, 2000
TO: John Roskelley, County Commissioner
FROM: Francine Shaw, Senior Planner
RE: Petition Regarding the Painted Hills Golf Course
Public works staff has had an opportunity to review concerns of the residents of
the Chester Creek neighborhood regarding requested flood safety changes and
traffic safety changes to the Painted Hills Golf Course as identified in their
petition to the Board of County Commissioners submitted on June 25, 2000. In
order to assist you in your response to the petitioners, please find below a list of
relevant facts pertaining to the development of the site.
A. The Division of Engineering has issued two permits for development within
the Chester Creek flood plain. The first permit was issued on April 3, 2000 for
grading and filling related to the development of the new nine hole par 3 golf
course. The second permit was issued on May 9, 2000 for the construction of
a starter shack and new 15 stall parking lot.
B. A letter titled "Developer Agreement (for) Alternative Off Street Parking" was
submitted to the Division of Engineering on May 5, 2000 by the property
owner, Michael Senske. This letter consents to the relocation of the 15 stall
parking lot in event Spokane County should widen or need the use of the
Thorpe Road right-of-way presently encompassed by the parking lot. Please
see enclosed letter.
C. Mr. Senske's May 5, 2000 letter was accepted and approved on May 9, 2000
by the County Engineer, Bill Johns. Division of Engineering staff indicated
Mr. John's acceptance of the letter also acts as a written release of liability for
possible damages that may be caused to the parking lot due to its location
within the Spokane County right-of-way.
D. RCW 36.70B.180 addresses developer agreements. You may want to
consult with legal staff to verify applicability of RCW 36.70B to this project.
Please find RCW 36.70B.180-210 enclosed.
E. Division of Planning staff released the building permit for the starter shack
and nine hole par 3 golf course on May 9, 2000. The sign -off incorrectly
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 • FAX: (509) 477-2243 • TDD: (509) 477-7133
waives all landscaping. Landscaping that can be waived pursuant to Section
14.806.020(2) of the Zoning Code only pertains to landscaping standards
identified in Chapter 14.806. Please see enclosed building permit.
F. The parking lot location and design are in conflict with the Spokane County
Zoning Code. The new parking lot has been constructed in violation with all
items listed within Section 14.802.060. The parking lot lacks landscaping as
provided in Section 14.802.220(3) which requires parking lots to provide a
three (3) foot-wide strip of Type IV landscaping along street frontages when
the requirements of Section 14.806.040(2) cannot be enforced. The parking
lot is in violation of Section 14.802.200(5) which requires all parking stalls to
be located within 60 feet of a landscape feature (including combination of
trees, shrubs, ground cover, etc.). Please see enclosed zoning regulations.
G. The two parking areas existing on site do not provide adequate off-street
parking stalls. As per Section 14.802.160 of the Zoning Code the Division
has determined that 4 off-street parking stalls are required for each hole. The
original Conditional Use Permit approving the golf course (file no. CUE-26-85)
required a minimum of 65 off-street parking stalls for the nine hole golf course
proposed at that time. The new nine hole par 3 golf course requires 36 off-
street parking stalls. This equates to a total of 101 off-street parking stall
required. Only 80 stalls have been provided.
There are options for correcting the deficiencies in parking lot design and
location. However, none of these options come without consequences to the
County. These remedies include (1) the property owner requesting and
receiving Hearing Examiner approval of several variances to allow the new
parking lot to remain in its current location within the Thorpe Road right-of-way
and allow deviations to the Zoning Code standards identified in Section
14.802.060, Sections 14.806.040(2 & 5). and Section 14.802.160, (2) requesting
the property owner to relocate the parking lot based on his May 5, 2000 letter
agreeing to relocate the parking lot at his expense, or (3) the County relocating
the parking lot at our expense due to approval of the new parking lot within the
County right-of-way.
If the property owner chooses the variance route, I believe it is the responsibility
of the County to waive processing fees and pay for any mailing cost associated
with the variance procedure due to our failure to process the permit accurately.
No guarantee exists that the Hearing Examiner will approve the variances, so
this is not the best solution. If during the variance procedure the Division of
Engineering recommends as a condition of approval that Future Acquisition Area
be required for the widening of Thorpe Road, an Interim Conditional Use Permit
must also be requested and approved as per Section 14.710.1000 of the Zoning
Code.
With regard to item 2 noted above, the applicant may have legal standing to
require the County to pay for the relocation of the parking lot. This is because
the agreement between the County Engineer and the property owner to relocate
the parking lot is contingent upon the County widening Thorpe Road not because
we failed to review the permit appropriately.
In addition to the items noted above as "enclosed", I have provided you with
copies of the approved site development plan for the proposal on which I have
drawn the location of the new 15 stall parking lot and the design drawing of the
15 stall parking lot for your review.
If you need further assistance, please do not hesitate to contact me.
Enclosures
c: Gerry Gemmill, Assistant to the Public Works Director
Michael Needham, Director of the Division of Planning
Mark Holman, Assistant Director of Building and Code Enforcement
Jeff Forry, Division of Building and Code Enforcement
Pat Harper, Division of Engineering
Tammie Williams, Division of Engineering
Jim Millgard, Division of Planning