Best Hill proposal withdrawn

The developer of a controversial housing project on Coeur d’Alene’s Best Hill withdrew its proposal Tuesday — just hours before a public hearing — citing confusion over the responsibility of getting a flood plain study.

The development company, Halko LLC, intends to resubmit the plans for the 30-acre project in time for the Dec. 13 Planning Commission meeting. Besides building 35 homes, the company wants to annex the 30 acres into the city limits. The property is located on the eastern edge of the city, at the end of Best Avenue.

Halko’s attorney, Pete Bredeson, said that the company wrongly thought that the city was responsible for asking the U.S. Army Corps of Engineers for a flood plain study of the property that is crossed by Nettleton Creek.

“We were under the misunderstanding that the city would be performing the filing,” Bredeson said.

Halko will now make the request to the Corps of Engineers for the study that determines how much of the property is prone to flooding.

Yet, City Engineer Gordon Dobler said that Halko has already submitted the flood plain information to the city and that the corps isn’t responsible for the study.

A previous public hearing on the proposal was postponed earlier this summer because the city wanted the flood plain study. Dobler said that’s when Halko hired a private consultant to do the work, and the city has already reviewed the study. Dobler said he didn’t have further information on the study.

Dobler said perhaps Halko wants to get approval from the corps to alter the streambed before it comes before the city Planning Commission and City Council.

Normally developers wait to apply for the streambed permit until after they get city approval, Dobler said.

Bredeson declined to comment further on the project or the reason for pulling the application. He also wouldn’t comment on whether Halko intends to alter the number of homes or their location.

“That hasn’t been determined at this time,” Bredeson said.

The proposed subdivision has sparked outrage from neighbors and prompted a lawsuit filed last week against Halko.

Jeffery Coulter, a neighbor and leader of the Best Hill Coalition, said he doesn’t believe Halko was confused about the flood plain study, largely because both the company and its attorneys have done many developments in the area. To him it’s a stall tactic, especially since about 400 people sent notes to the Planning Commission to oppose the development.

“I think it’s absurd,” Coulter said. “How can we trust this person to come alter our neighborhood if he can’t even get his ducks in a row?”

The Best Hill Coalition filed a lawsuit in 1st District Court last week asking a judge to uphold protective covenants on the property that allow only one home for every two acres regardless of zoning laws in either the city or county.

The former owner of the property agreed in 1986 to a protective covenant that lasts 30 years. It was one of eight properties included under the Nettleton Estates property owners’ contract. Recently, seven new property owners in the Nettleton Gulch area signed onto the agreement.

On Aug. 22, 12 of the 15 property owners covered by the covenants agreed to an amendment that calls for only one home for every two acres.

Halko’s subdivision proposal asks the city to zone the property to allow up to five homes per acre.

Bredeson declined to comment on the covenants because it’s a pending lawsuit.

Coulter said Halko should wait for a ruling on the covenants before resubmitting its application with the city so the company won’t waste taxpayer’s dollars.