Lawsuit seeks to reverse golf course subdivision

By Marcy Stamper
    A lawsuit filed by Friends of Bear Creek contends that the county’s approval of a subdivision at the Bear Creek Golf Course violates state law because the county did not subject it to an environmental review.
    The lawsuit asks that the court void the county’s Oct. 27 approval of the subdivision of 168 acres into seven lots – six 20-acre parcels and one 38-acre parcel. They are also requesting that the court order an environmental review of the subdivision, in accordance with the State Environmental Policy Act. The petition was filed against the county and McCormack Vineyard Partners, the owners of the golf course, Nov. 17 in Okanogan County Superior Court.
    “Any time you take a major action, you have to prepare an analysis of the probable significant environmental impacts,” said Claudia Newman, counsel for FOBC and a partner in the Seattle law firm Bricklin Newman Dold.
    Okanogan County is evaluating the petition and plans to submit a reply brief, according to Stephen Bozarth, chief civil deputy for the county.
    McCormack Vineyard Partners could not be reached for comment.
    FOBC claims standing to appeal the county’s decision because development in the area will increase environmental impact, water-usage impact and traffic impact, according to the petition. In addition, “the break-up of the golf course will enable privatization, or dissolution, of this important community asset,” they state.
    The petition states that McCormack should have been required to provide an environmental checklist and that the county should have issued a preliminary determination on the need for further environmental review. FOBC claims that state law and the county code require that all types of land division within the county be reviewed for compliance with SEPA.
    An initial hearing in the case has been set for Feb. 9 to consider jurisdictional matters and schedule a trial, according to Newman. If it goes to trial, the case would be decided by the Superior Court judge. Newman predicted a decision would come within a year.
County subdivision law evolves
    County code, following parameters set by state law, defines several types of subdivisions, depending on the number and size of lots. Up to four lots are considered a short plat, five or more are considered a long plat, and any subdivision creating lots at least 20 acres in size is deemed a large-lot segregation, explained Okanogan County planning director Perry Huston.
    About a year ago the county commissioners amended the county code to require an environmental review of short plats, agreeing with Huston’s interpretation that these lots are physically and functionally related. Long plats have always been subject to review under the State Environmental Policy Act.
    As of Sept. 1, Okanogan County has started to require a SEPA review for all applications dividing land into 20-acre parcels, said Huston. The change has not been added to the county code, but is being implemented on a policy level under Huston’s authority as the code administrator, he said. County code requires only a drawing showing new lot lines and proof of road access to the parcels.
    The requirement for an environmental review in these cases has been discussed in study sessions over the past several months with the county commissioners, who support the increased scrutiny, said Huston. Their primary concern was to assess water availability and allocation, he said.
   The commissioners and planning department waited until Sept. 1 to enact the new policy to be able to provide adequate notification to agents, surveyors and landowners who had already started the pre-application process, said Huston. About four landowners submitted applications in late August and are considered vested, he said. The McCormack subdivision application was received at the county Aug. 26.


Photo by John Hanron
McCormack Vineyard partners is planning to subdivide 168 acres surrounding Bear Creek Golf Course near Winthrop.