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Kootenai County approves Rush-linked rezoning despite neighbors' water and notice concerns
Summary
Kootenai County commissioners on March 12 approved a rezoning request tied to Brian Rush (RFI LLC) to allow commercial and light-industrial uses on two parcels near Old Highway 95 and Highway 53; neighbors raised concerns about water supply, notice and impacts, and staff and the applicant said options include wells, ponds or annexation to a water district.
Kootenai County commissioners voted unanimously March 12 to approve ZON25-0005, a request tied to Brian Rush (legal owner RFI LLC) to rezone two adjacent parcels near the Old Highway 95/Highway 53 corridor — a roughly 27-acre tract proposed for light industrial use and a roughly 20-acre tract proposed for commercial use.
The staff presentation, given by Vlad Finkel of community development, said agency reviewers raised no objections that would preclude approval and that the change is consistent with existing conditions along the Old 95 corridor. Finkel also clarified that the agenda listed Brian Rush while Secretary of State records showed RFI LLC as the legal owner, with Rush acting as manager and registered agent.
Neighbors who live immediately behind the site urged the board to deny the change, expressing two central worries: water supply and the adequacy of public notice. Cheryl Shaw, who said her property backs the proposed light-industrial parcel, asked, “Who is responsible to ensure that there is enough water to support the existing residents once the new homes, businesses, and church are constructed?” Melody Small and Charles Coursey made similar points about poor summer water pressure, increased construction traffic, noise and feeling insufficiently informed about the proposal.
The applicant’s consultant, Jeremy Terzulli, acknowledged concerns and described alternatives the owner is pursuing if the zone change is approved: drilling individual wells, creating ponds for fire suppression and — if a mutually beneficial agreement can be negotiated — annexing into a public water district such as Gem State Water by dedicating water rights and funding infrastructure upgrades. “We are in communication with Gem State,” Terzulli said, adding that annexation would require agreements and system upgrades and that the current fallback is individual wells and on-site fire ponds.
Terzulli and Finkel also told the board that noticing followed state statute requirements (including mailed notices, newspaper notice and on-site posting). Terzulli said the hearing examiner recommended approval after a January hearing, and staff’s analysis found the request compatible with the county’s comp-plan designation (suburban) and surrounding zoning.
In deliberations, commissioners repeatedly returned to the comprehensive-plan context, saying a future land-use map can identify corridors planned for more intensive uses and bring greater predictability for residents and landowners. After a motion and second, the board approved the rezoning with recorded aye votes from Commissioner Eberline, Commissioner Duncan and Chair Metairie.
The rezoning decision does not itself authorize building permits; applicants will still need to satisfy future permitting requirements for access, water supply, septic/wastewater limits and other agency reviews. Staff noted that special notice and additional review will be required because the parcels front a state highway.
