Athol project off the table

COEUR d'ALENE — A contentious Athol-area land-use battle that started three years ago has ended with the applications withdrawn.

Mort Construction, on behalf of property owners Silver Hills Land and Cattle Co. of Spokane and Kootenai Land Co. LLC of Wallace, had requested a conditional-use permit to build a wastewater treatment facility south of Brunner Road. Dennis Swartout is the president of Silver Hills. A zone-change request from rural to restricted residential and an 86-lot residential subdivision on 34 acres were also sought in separate but related applications.

In response to a recent inquiry by Kootenai County’s Planning Department, attorney Scott Poorman, who represented the developer, confirmed that all three applications are being withdrawn. Planners said there hadn’t been any major activity with the applications in about two and a half years so a status update was requested.

Clint Cord, a neighbor to the site who fought the proposals due to density and the precedent the opposition believed they’d set, said the ordeal has restored his confidence that unity among residents can still make a difference.

"It wasn’t people with pitchforks and torches kicking and screaming," Cord said. "People learned the laws, were studying case laws and there were large amounts of organization behind it. This wasn’t just a bunch of radical country bumpkins throwing a fit. When people get together about what they see as a threat to our community, it’s a beautiful thing, especially after being warned there would be no way we’d win this.

"A lot of people have become extremely active in our county’s affairs, so this wasn’t just a one-pronged victory."

Athol-area resident Deborah Rose was also relieved about the withdrawals.

"Such urban sprawl and high-density development is not suited for this area," she said. "We are a rural community up here in the north part of Kootenai County. We will continue to fight to keep this area rural as necessary."

Rose said some residents have worked against the property owner’s development vision since 2005.

"Hopefully now projects will be planned that are aligned with current zoning and the comprehensive plan," she said.

Kootenai County commissioners in 2015 denied the zone-change request, but a district judge later set aside that decision when he ruled a county zone-change ordinance became outdated when a state code was amended in 2013.

Poorman worked with the county on updating the review criteria for changing the county’s zone map.

"We now have more objective criteria and, ultimately, (the county staff) got more of what we asked for than he did," community director David Callahan said. "He opened the door."

Poorman did not respond to messages seeking comment on Thursday and Friday.

Callahan said it’s unclear why the applications were withdrawn.

"When years have gone by and the applicant doesn’t ask to go forward, that says to me that conditions have changed for the applicant," he said. "The development process is highly market-driven, and anything can change an applicant’s desire to go forward. The marketability of the property, interest rates and the end product make the development process the sort of thing only few have a stomach for."

Callahan said that as a result of the withdrawals, any plans for the property would require a new application.

Cord said residents realize they may not be able to stop development completely, but are hopeful the density can be kept at bay to preserve the rural character of that area.

"A lot of money has been spent on this, so they’re not just going to walk away," he said. "It’s not like they’re dead in the water."