Judge’s Ruling A Blow To Blackwell Rv Park Annexation Should Have Been Ok’d First; Developer Says He Probably Will Try Again

A judge’s ruling has shifted into reverse plans for a private recreational vehicle park on Blackwell Island.

First District Judge James Michaud ruled that the city of Coeur d’Alene had acted improperly in approving development plans for Blackwell Island before annexing the property into the city.

While members of the Rural Kootenai Organization, which brought the lawsuit against the city, cheered Friday’s ruling, city officials were hesitant to say what their next move would be.

“How they go forward is up to the developer and the city,” said Chuck Hosack, an attorney who represented the city in the proceedings. “They can appeal or they can start the process over again.”

Mark Hall, developer of the planned 200-unit RV park, indicated Monday he probably will take the plan back to the city’s Planning Commission and go through the approval process all over again.

“If we have to, we’ll go and reapply, and I’ll reapply the rest of my life,” Hall said. “I just have to be persistent. I have to make the best of a bad situation.”

The Rural Kootenai Organization opposes the RV park primarily because it would extend city sewer and water service across the Spokane River. That would open all property south of the river to urban development.

In addition, members of the group have raised concerns about traffic, the old city dump on which the RV park would be built and problems with flooding at the site.

“In the haste to push development across the river, not a lot of attention was given to concerns we have that still remain,” said Gerry Gospodnetich, a member of the Rural Kootenai Organization.

While Denise Clark, the organization’s president, said she isn’t counting on the court decision to put the brakes on Hall’s development, “at least it will give the public an opportunity to revisit some of these issues,” she said.

Hall said the fact that the property is on a flood plain is why his family had chosen to put an RV park there.

“That is a good thing to build on a flood plain because you can get in an RV and drive away,” he said.

Michaud’s decision, which has not been put into writing yet, dealt specifically with the city Planning Commission’s approval of the planned unit development, which modifies certain zoning requirements, and a special-use permit for the RV park.

Another aspect of the case - whether the annexation is legal - still is pending.

The City Council approved final development plans in January.

City planner Dave Yadon said the planned unit development was put together first because the Planning Commission wanted more information about plans for the property.

“Now we would probably say that if they want more specifics, they can’t get that until, in fact, they annex into the city,” Yadon said.

County residents who pressed the lawsuit against the city considered the process a means of ignoring their input.

“The county had vacated its responsibility to allow its citizens to have a say in what goes on in the area of city impact,” Gospodnetich said.

Ultimately, Hall said, the decision won’t change much except require him to go through more public hearings.

The Rural Kootenai Organization “doesn’t want the city on the other side of the river,” Hall said. “They’ll use every technical and legal means they can to stop me and slow me down. … They can’t make me go away unless I get some complete or unequivocal denial.”

, DataTimes