Liberty Lake Subdivision Plan Sent Back To Developer For Revision

Thu., Feb. 5, 1998

By Pat Sciuchetti pats@spokesman.com

A Spokane developer has suffered a setback in his plans to subdivide a 24.5-acre plot on the east shore of Liberty Lake.

County hearing examiner Mike Dempsey has returned Rex Harder’s preliminary plat application to divide the land and create the MacKenzie Bay Beach Properties subdivision. The development would contain about 35 lots for single family homes.

The application, Dempsey said, lacked critical information in several areas and didn’t meet all applicable regulations. Dempsey has decided to allow Harder to correct the deficiencies and resubmit the application. A second public hearing will be held once the revised proposal is completed.

Sending a plat application back for revisions is rare, but Dempsey said he’s doing it in part because the project is a complex one, involving issues such as erosion, slope and shoreline protection.

Harder said he will provide the requested information and continue to move forward.

The developer faces opposition by a newly formed citizen’s group, which has hired attorney Stephen Eugster to fight the subdivision. Citizen’s Allied for Liberty Lake (CALL) says Harder’s plans threaten the lake and the quality of life in surrounding neighborhoods. For now, the group is waiting for the chance to testify at the second public hearing.

If Dempsey gives preliminary plat approval, as is expected, the group will probably appeal the decision. CALL also may take other legal measures, Eugster said.

CALL believes Harder failed to submit a completed application in time to dodge the area’s new urban growth boundary standards.

Those standards prohibit single-family lots smaller than 5 acres. MacKenzie Bay Beach Properties would have a density of about 2.4 units per acre, according to the hearing examiner’s findings of fact.

Dempsey doesn’t agree that Harder should be held to the new growth management standards. His biggest concerns about the proposed subdivision involve stormwater, sewer and water systems plans.

Harder’s preliminary plat application, Dempsey said, did not contain enough information on the subdivision’s proposed water system, including what it would consist of and how feasible it would be.

The application didn’t provide enough assurance that sewer capacity was adequate, he said. It also didn’t include facts or calculations to back up its proposed plans for stormwater runoff control.

Dempsey has not set a deadlines for resubmission of the application.

“He has an incentive to bring this back quickly,” Dempsey said.

The proposed MacKenzie Bay Beach Properties would be located on the east side of Liberty Lake, a quarter mile south of the intersection of Lakeside and Neyland roads.

Besides about 35 single-family lots, it would include 200 to 300 feet of common beach area and four to five acres of open land in the center to help with drainage.

, DataTimes ILLUSTRATION: Map of area

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