Court backs county in apartment case

Spokane County commissioners patched a zoning blunder in time to prevent part of a 280-unit apartment complex that a court says jeopardizes Spokane International Airport.

In a ruling released Thursday, the Washington Court of Appeals says county Hearing Examiner Michael Dempsey and Superior Court Judge Michael Price properly blocked completion of the Deer Creek Apartments.

Deer Creek Developers and West Plains Investments built 156 units near the airport when County Commissioners Todd Mielke, Mark Richard and Phil Harris – since replaced by Bonnie Mager – decided in May 2005 to allow housing in light industrial zones.

Richard and Mielke later said they were surprised to learn an airport “overlay” zone wouldn’t prevent housing on light industrial land close to Spokane International Airport and Fairchild Air Force Base.

A 207-unit subdivision in an airport crash zone and Phase I of the Deer Creek Apartments at 1610 S. Deer Heights Road were approved before commissioners closed the loophole in October 2006.

Companies associated with developer Richard Vandervert completed Phase I of the Deer Creek Apartments but failed to obtain a building permit for Phase II before commissioners imposed a moratorium.

A three-judge appellate court panel ruled that only a building permit could provide a “vested” right to proceed with the 124-unit expansion after the moratorium and subsequent zoning ordinance correction.

The Court of Appeals cited “unchallenged facts” that the Deer Creek Apartments are in “noise impact zones” of Fairchild Air Force Base and would “adversely impact” a future Spokane International Airport runway.

The court also noted that the Federal Aviation Administration expressed concern about permitting high-density residential development in the “area of influence” of two major airfields.

Aside from placing residents in jeopardy, residential construction leads to noise complaints that threaten aviation uses, the FAA advised county officials.