Methow Valley Citizens' Council
Scaling down the Resort
Index to MVCC's campaign to avert a destination resort in the Methow Valley, Washington
Proposed Findings of Fact
(submitted to Judge Carol Wardell, in the Superior Court for the State of Washington in and for Chelan County Methow Valley Citizens Council, plaintiff, v. Okanogan county, et al., defendants, by David A. Bricklin, Attorneys for Plaintiff) 1. These cases involve a series of decisions made by Okanogan County to approve a proposed resort in the Upper Methow Valley in Okanogan County. The project is proposed by the Methow Valley Limited Liability Corporation, Methow Family General Partnership, and R.D. Merrill Company (hereinafter referred to as "Merrill"). 2. The adequacy of an environmental impact statement prepared for the project and the County's Preliminary Development Plan and Program and rezone for the project are the subject of Cause No. 96-2-00810-3. The County's approval of the Final Development Plan and Program for Phase I is the subject of Cause No. 97-2- 00312-6. Both lawsuits were initiated by the Methow Valley Citizens Council (MVCC) and named as defendants (respondents) Merrill and Okanogan County. The two cases were not consolidated except for purposes of post-trial briefing. For convenience, the findings and conclusions also have been prepared in a consolidated form and are being filed in both cause numbers. 3. The proposed project is known as the Arrowleaf Planned Destination Resort (PDR). The project site consists of approximately 1,200 acres located at the northern end of the Methow Valley in unincorporated Okanogan County. Draft Environmental Impact Statement (DEIS) at III-156-159. The Methow Valley is a long, narrow valley extending approximately 50 miles from Pateros on the south to Lost River on the north. Id. Most of the hills and mountains surrounding the valley floor are owned by the federal government and managed for a variety of wilderness and other public purposes. Id. 4. The valley floor is primarily in private ownership and is sparsely developed. There are some permanent and seasonal residences, small farms, irrigated croplands, and some timberland and grassland. Id. 5. The Arrowleaf PDR site consists of approximately 1,200 acres, sometimes referred to by the names of the original homesteads (Cassal Ranch, Shafer Ranch, Willis/Miller Ranch, and Wilson Ranch). 6. Merrill's proposed development includes a village center with lodge, retail and commercial uses, community facilities, parking, and residences; an 18-hole golf course; extensive trail system; equestrian center; and a range of residential types. Record 125 at 6. The project would accommodate 690 "dwelling unit equivalents," as that term is defined in the Okanogan County PDR ordinance. See OCC 17.20.030.B. 7. The draft EIS for the Arrowleaf PDR was issued December 13, 1995. The final EIS was issued May 14, 1996. 8. On May 29, 1996, MVCC filed an administrative appeal of the adequacy of the EIS. Record 153, 154. 9. On July 9, 1996, the Board of County Commissioners held a hearing on the adequacy of the EIS. This Court has previously ruled that the Commissioners failed to follow proper procedures in conducting that hearing and, consequently, provided the parties with a limited opportunity to supplement the record before this Court. 10. On July 10, 1996, the County Commissioners held a hearing on the underlying issue, i.e., whether to approve the Preliminary Development Plan and Program (PDPP) and rezone. 11. The Board issued a decision denying the EIS appeal and approving the PDPP. Rec. No. 2. The preliminary approval included 95 conditions of approval which generally were required to be met prior to final approval of the project. The decision also included a rezone creating a PDR zoning designation on the Arrowleaf property that requires future development to conform to the conceptual (preliminary) PDR plan. See OCC Ch. 17.20. Implementation of the proposed PDR plan would occur through submittal and approval of a Final Development Plan for each phase. On March 31, 1997, the Board of County Commissioners approved the Final Development Plan and Program for Phase I.
Index to MVCC's campaign to avert a destination resort in the Methow Valley, Washington
