Sports complex breaking the rules

All of this information regarding the North Idaho Sports Complex development is available through freedom of information requests. Please do your own research and don't accept biased information from people trying to justify their actions.

The site is located on the east side of Huetter Road, approximately 1/3 mile north of Prairie Avenue. I suggest you drive by the project and check the two large leveled gravel areas (a reclamation area would have topsoil) with the constructed earth berms around the leveled areas. This is what Mr. Young and Mr. Swallow would have the Idaho Department of Lands (IDL) and Kootenai County believe is either "grading and contouring an agriculture field" or part of a "reclamation plan." It certainly looks like soccer field construction to me, IDL and Kootenai County.

IDL inspected the site May 23, 2013. From that inspection report, "The agent, Gary Young stated at the site, the grading was for the soccer fields and all the Astro-turf that has been delivered to the site is for the soccer field. The conversion of the agriculture fields to soccer fields is a change in use and the Idaho Department of Lands cannot approve such a change in use. This change in use has to be approved by the local land use planning authority that has jurisdiction in matters of this nature."

Kootenai County inspected the site and on May 28, 2013, posted a "Warning Notice" for storage of astro turf in an Agriculture Zone and gave NISC 10 days to remove it. On May 30, 2013, Kootenai County posted a "STOP WORK" Notice to "cease and desist development, obtain required land use approval and land development permit(s) and payment of applicable fees." On May 31, 2013, Sandy Young sent a letter to Kootenai County, again claiming they have not started "any site development work on the sports complex."

The "STOP WORK" notice was posted on May 30. May 31, 6:30 a.m. a D8 dozer was again working on the fields and berms. They have also worked on the construction of the fields and berms with the D8, a grader and a roller on June 3, 4 and today, June 5, 2013. I guess "cease and desist" doesn't apply to NISC. They are making no effort to remove the astro turf and the 10 days is up June 7, 2013.

Sandy and Gary Young both worked in planning and zoning prior to starting Verdis and know the county regulations. I find it interesting they found the only "loop hole" (grading and contouring an agriculture field) that would allow them to proceed with this activity without acquiring the normal permits and approvals any other landowner has to obtain prior to moving dirt. NISC has now been operating under this "grading and contouring an agriculture field" since May 10, 2012, over one year. They had no permits when they started work. On May 24, 2012, IDL informed them they needed a surface mining permit. Mr. Swallow and Mr. Young resisted. They finally got the required permit on June 25, 2012, to remove topsoil. On May 25, 2012, Kootenai County posted its first "STOP WORK" notice for failure to obtain a permit prior to start of work. Mr. Swallow and Mr. Young fought this and their attorney presented the "grading and contouring an agriculture field" argument on June 26, 2012. June 28, 2012, the county withdrew the code violation with the specific stipulation, "no development activity, including but not limited to, contouring and/or land shaping etc. for the development of a soccer complex facility can be completed at this time."

If this development is just "soccer fields for the youth," why would you not just proceed through the normal channels of applying for necessary permits, obtain approvals, hold a public hearing and if successful, construct your soccer fields? Now several fields are almost constructed, astro turf is on site and they have no permits, they have not contacted other agencies like Panhandle Health and there have been no public hearings. Sting has also been running ads that they will have access to four artificial turf fields through the North Idaho Sports Complex.

People associated with the Sports Complex have downplayed the size of the development as "only soccer fields for the kids." Information supplied by Verdis for city of Hayden Annexation Fiscal Impact Assessment and city staff review for a sports complex states "to consist of a commercial component to include 74,140 square feet of tenant spaces, 2 corner restaurants, 19 soccer fields, 4 fast pitch softball fields, clubhouse, 1,000 person capacity amphitheater, outdoor stage, playground and picnic area, 1 basketball court, vendor stand areas and parking."

A few days ago Mr. Swallow came over to talk to me on my property as I watched them hauling in multiple loads of astro turf. He asked me what was wrong and I told him the illegal activity across the road was really aggravating and I told him he was lying about not constructing soccer fields. He informed me I was just an "angry old man." After the 10th time he repeated it, I thought, yes I am angry and with good reason - follow the rules like everyone else has to.

Do you know anyone else who has proceeded this blatantly and arrogantly without proper permits, approvals or public hearings?

Allan Fonken is a Kootenai County resident.