Despite a decision by the city of Spokane Valley that grants permission to proceed with the development of the former Painted Hills Golf Course into a planned residential community, conditions of approval may continue to delay progress at the site, says developer Dave Black.

Black, owner of Black Realty Inc., says the hearing examiner's approval is good news for him and his efforts to develop the site. He says, however, the decision doesn't mean that construction can begin soon, as the ruling can still be appealed and some approval conditions pose additional challenges.

"We're going to need to sit down with the (Spokane Valley building officials) to see if some of these conditions can be relaxed," he says.

Altogether, the Painted Hills proposal approved by the hearing examiner in mid-March consists of two land-use permits for the subdivision and for the planned residential development with up to 584 living units on 99 acres at 4403 S. Dishman-Mica Road, in south Spokane Valley.

The hearing examiner's report says the developer will be required to apply to install a stormwater-water management system. The stormwater system refers to a system of channels and basins to direct the flow of surface water. 

Also, Black would be required to create a flood-control district, which would be an entity to oversee and maintain flood-mitigation measures at the development site.

The developer has proposed that a homeowners' association for Painted Hills could be formed to maintain and manage a flood-control system, but the city of Spokane Valley has concerns that a homeowners' association could dissolve or fail to meet its obligations in perpetuity, which would result in the city becoming responsible for the cost of maintaining the system, filings show.

"The best way to ensure that there will be an entity responsible for the raising of funds and completing the timely and regular maintenance and upgrades to the system is a flood-control district," the filing states.

Some of the flood-control measures for Painted Hills would include replacing the existing culverts under Thorpe Road with a system of channels and pipes leading to a stormwater treatment swale, then to an infiltration pond, according to project information on file with Spokane Valley. 

Project information shows a stormwater crossing under Madison Road will flow to a pipe system, and off-site facilities east of the site will intercept and prevent flooding from reaching the site. A pond with multiple drywells in the bottom will help with overflow in addition to other planned flood-control measures.

As planned, housing types in the residential portion of the site will include a variety of sizes of single-family, multifamily, and mixed-use units, planning information shows. Over 250 single-family lots will range in size from 5,200 square feet to 15,400 square feet. 

Over 50 cottage lots in the northeast section of the property will have 1,600 square feet to 6,200 square feet of space. Over 225 multifamily units will occupy a 10-acre lot on the northwest portion of the development, site plans show.

In all, the development will have 307 lots, including multifamily and commercial lots. 

On the commercial side, a 2-acre lot will accommodate 52 living units in a mixed-use project. An existing restaurant and parking lot east of South Dishman-Mica Road and north of Thorpe Road will be included in the commercial portion of the development.

Over 30 acres will remain for open space and flood control at the site. Greenbelts will separate cottage, single-family, and estate housing. Tracts of open space will provide a buffer between housing and commercial lots, according to site plans.

Access for the commercial and multifamily portion of the Painted Hills site will be from South Dishman-Mica Road and Thorpe Road. The single-family residential access will be from four points along South Madison Road.

Many existing neighbors have expressed concerns for years about developing land located in a floodplain, as their properties could be at risk should the Painted Hills flood-control systems fail.

Outside of flooding concerns, the hearing examiner's decision includes mitigation measures aimed at addressing many other issues from existing neighbors including traffic, noise, street improvements, landscaping, and open space. 

The hearing examiner has also denied an appeal of a previously approved environmental impact statement regarding the development. 

As the Journal has previously reported, Black has been working for years to address neighborhood and environmental concerns relating to flooding, the aquifer, wildlife and other environmental impacts. 

About 380 public comments were submitted between two public comment periods in 2016 and 2018, the majority of which opposed the development. The final environmental impact statement addresses these concerns and provides several mitigation measures that are incorporated in the conditions of approval for the site, filings show.

A truck-haul plan will need to be approved by the city to help ensure traffic-related delays and potential road damage is moderated, according to one condition of approval.

Pedestrian safety is another concern for children walking to Horizon Middle School and Chester Elementary School. Painted Hills will provide frontage improvements around and throughout the property, according to another approval condition.

The development will be constructed in phases over about seven years, planning records show.

“The hope is to start (construction) this year, but I say that every year,” says Black.

The former golf course was purchased by Black at public auction for $1.1 million in 2013, after the privately owned nine-hole golf course and neighboring par-three course failed to open for the season that year. 

"I guess a lot of people got used to looking at a golf course, but it went broke," says Black, referring to the 99-acre property. "It was never going to work as a golf course again."

The Painted Hills site is surrounded mostly by homes, with some commercial and religious uses. 

"I feel we're doing everything right," Black says of the Painted Hills development. "We're going to have sidewalks for kids, that aren't there now, and protections in place for the convent (Carmel of the Holy Trinity Convent). The apartments (planned) on Dishman-Mica Road will fit in with the Spokane Valley neighborhood."