New Powderhorn hearing ordered

The public will have another chance to comment on the proposed Powderhorn Ranch golf retreat near Harrison after a judge ruled Wednesday that the Kootenai County Commission erred and must hold another public hearing.

The ruling by 1st District Judge Charles Hosack also means a reconstituted commission will make the final decision on the controversial project, which would open 3,000 acres on the east side of Lake Coeur d’Alene to allow for three golf courses and more than 1,000 million-dollar homes.

Hosack’s order said the commission failed to have a public hearing before voting in October to amend the county’s growth plan to allow for the private luxury golf retreat overlooking Powderhorn Bay.

Two new commissioners, Rich Piazza and Todd Tondee, have taken office since that decision was made. The only remaining commissioner, Chairman Rick Currie, was the lone vote against amending the comprehensive plan.

At the time, Currie argued that the rural area hasn’t changed enough in character to justify allowing the additional homes.

Neighbors for Responsible Growth, the Kootenai Environmental Alliance and four families living near Powderhorn Bay appealed the commission’s decision. They alleged commissioners disregarded evidence when making the comprehensive plan decision and asked that Hosack order them to reconsider.

Hosack’s ruling “is a wow,” said Coeur d’Alene attorney Scott Reed, who represents the neighborhood group. “It’s exactly what we were looking for.”

Steve Walker, managing director of Seattle-based Heartland, which owns a portion of the Powderhorn Ranch development company, didn’t return phone calls seeking comment Wednesday.

Rand Wichman, the former Kootenai County planning director who recently became vice president of Powderhorn Ranch, also didn’t return calls.

The court decision may put more urgency on the development company’s pitch to have nearby Harrison annex the Powderhorn Ranch property into the city limits.

The population of Harrison, at the south end of Lake Coeur d’Alene, could become 10 times larger if it annexes Powderhorn Ranch’s 1,642 acres into the city of about 270.

Walker and Wichman made a presentation to the Harrison City Council earlier this month about the benefits of annexing the property. But before the council can make a decision, it first must decide whether to approve a new policy on how to process annexation requests.

Mayor Josephine Prophet said Wednesday that the council needed more time to review the draft and will consider the policy at the Aug. 7 council meeting.

County attorney John Cafferty said it’s unknown when the County Commission will schedule a public hearing for the proposed comprehensive plan change, which is where the process will start.

The county Planning Commission has already recommended denial of the change.

If the County Commission accepts the planners’ recommendation, the proposal dies.

If the commission opts to make a “material change” in the recommendation, including voting to approve the comprehensive plan change, then by the judge’s order the County Commission must have a second public hearing.

Potentially holding two hearings “creates an awkward perception for the public,” Cafferty said. “But that’s the judge’s order and ruling, and that’s what we will be doing.”

After a June hearing with Hosack, Cafferty anticipated the judge’s ruling and asked the county to start holding a second hearing on all zoning or comprehensive plan amendment requests in cases where the commission doesn’t accept or substantially changes recommendations by the Planning Commission or county hearing examiner.