Initiative rejection: Supporters don't accept 'no'

Post Falls and Rathdrum may have turned away two growth-restricting citizen initiatives, but the proponents say they aren't going away. 

The two cities received similar documents that outlined a "Responsible Growth Management Plan" to control the amount and density of residential and hotel developments permitted by each city on an annual basis. 

Both plans appealed to the preservation of Post Falls' and Rathdrum's small-town feel against "uncontrolled and rapid growth." The goals outlined in the documents included ideas like conserving open spaces and lands, balancing a mix of housing/building types and prices, providing parks and recreational areas, and maintaining quality public services. 

Both were rejected based on restrictions in the Local Land Use Planning Act (Idaho Code Chapter 65, Title 67) and Idaho Code Chapter 18, Title 34. 

Michael Fox, the Rathdrum initiative applicant, said he was trying to implement rights guaranteed by the Idaho Constitution. After receiving the response letter from the city of Rathdrum, Fox said he sent an email to the Idaho Secretary of State asking if the citizens could take any recourse.

In the letter, Fox explains that Kootenai County's "infrastructure, schools, streets, and local government facilities and services are all strained to unacceptable levels." He argued that city officials' decisions from Coeur d'Alene, Post Falls, Hayden and Rathdrum are not alleviating the problems. 

"The whole idea is if you can't get a city to pass a law you think is important, the people have a mechanism to submit a law in petition form and gather enough signatures in the rest of the city," Fox said. "All we are trying to do is get a growth management plan before the voters. We want to let the people decide."

Fox believes the cities' rejection is an effort to block the initiatives from getting on the ballot. He disagreed with Rathdrum City Clerk Sherri Halligan's finding that the ordinance violates zoning laws. 

"What's being proposed is dealing with building permits, nothing to do with zoning. Yet they are claiming that the initiative is not possible because it deals with zoning," Fox said. "They're just blowing smoke."

Dan Leary, the Post Falls applicant, said he had been advised not to speak in-depth on the petition in case of future litigation. 

"I will say that the statutes and case law cited by the city attorney as the basis for rejecting the petition are not interested in the same," Leary noted. "The litany of reasons why it conflicts with state law and case law may need to be addressed in court." 

For the last 38 years, Leary has watched Post Falls develop. From the front window of his home, which he and his wife had built three decades ago, he has seen first-hand the influx of growth. 

"I know it's got to happen. When I came here, there was one stoplight at Seltice Way and Spokane Street. It had to evolve," Leary said. "I'm not trying to restrict growth; I know people have to make a living and have a right to live here. But as citizens here, why don't we get more say?"

A large part of Leary's reasoning for filing the petition is out of this frustration and negative experiences with the Post Falls Planning and Zoning Commission, specifically for the North Shore Subdivision Planned Unit Development that was unanimously approved in February.

Two years ago, the city of Post Falls annexed the property adjacent to Leary's. At the time, Planning and Zoning Commission members were firm that the developers meet zoning and housing guidelines. However, Leary said developers drastically changed the project after initial approval.

"They need to be more transparent with the homeowners about things that affect the greater Post Falls community," Leary said. "I wish that they (the Planning and Zoning Commission) would take into account everybody else's outcome from their decision." 

The window of opportunity for Fox and Leary to file a citizen initiative is quickly shutting, Fox said, as a person needs to have the signatures gathered and ordinance completed before April 30. What he does next, Fox said, will largely depend on the response from Secretary of State Lawerence Denney. 

"If we are done for this year and have to start the process over, I guess the only option is to get more candidates interested in managing growth on the fall election ballot," Fox said. "Because this is crazy."

Neither Fox nor Leary knew of the other's initiative, they said. However, they are both followers of the Responsible North Idaho Growth Facebook group.