Post Falls to hear rare appeal 

POST FALLS — The Post Falls City Council will judge a land-use decision appeal tonight at 6.

The Planning and Zoning Commission in February denied Rudeen Development's special-use permit application to allow a 68-unit apartment complex on 3.8 acres in a commercial zone on Primrose Lane behind Wendy's off Highway 41.

"We find that placing residential uses immediately adjacent to an existing industrial use will compromise the existing use," the planning commission's decision states.

Surrounding uses include a wood product manufacturer, credit union, restaurants, day care and two single-family homes.

In a letter of appeal to the City Council, Jillian Caires, an attorney representing the applicant, said there was no testimony or evidence by the adjoining industrial users that supports a finding that the proposed residential use would negatively impact the businesses.

"Their focus was largely traffic-based," Caires wrote.

Caires wrote that the planning board's decision wasn't consistent with those of other similar requests, including a zone change from heavy industrial to multi-family made last year on property formerly owned by Idaho Veneer.

The commission wrote that the proposed multi-family use is not compatible with the industrial land uses to the west. The high-density proposal near the busy Highway 41-Mullan Avenue intersection is also not compatible with the health, safety and welfare of the public, it wrote.

But Caires wrote there was no expert testimony with regard to accident statistics.

"If an increase in traffic will compromise the health, safety and welfare of the public, then it would stand to reason that approving a use that generates lower traffic volumes than a use that is outright allowed by the zoning would in fact benefit the public," she wrote.

A traffic engineer earlier testified that the traffic generated by the apartments would be less than if the site were developed into commercial uses. The engineer also said the traffic impact fees generated by apartments would be higher than those by commercial development.

The proposed project would consist of 11 buildings, including apartments, a clubhouse and detached garage.

"The apartment buildings will vary in style and include both garage-under units as well as garden-style apartments," the project narrative states.

The last time the council considered a land-use appeal was in 2015.