COEUR d'ALENE - A citizen is appealing a portion of the city's decision to amend The Coeur d'Alene Resort's Planned Unit Development that would facilitate the closure of Front Avenue between Second and Third streets.

Sid Smith, of Pacific Crown Financial, filed a notice of appeal with the city on Dec. 19 after the city's Planning and Zoning Commission granted an amendment to The Resort's PUD.

Smith states in the appeal that he is not opposed to a majority of the improvements that were granted, but he is appealing the removal of several red maple trees along Sherman Avenue, Second Street and Front Avenue.

"All of the trees sought to be removed are upon property owned by the city of Coeur d'Alene within the right of way of Sherman Avenue and Second Street and Front Avenue are not within The Coeur d'Alene Resort Planned Unit Development," the appeal states.

It goes on to say that PUDs are for developments on private property - not city-owned property, and therefore the amendment should not include the removal of the trees.

Neither Smith nor his attorney, Scott Reed, could be reached for comment on Friday.

In the appeal Smith stated that the removal of the trees would not "contribute in the slightest" to the "views and vistas" of Lake Coeur d'Alene.

The Hagadone Corporation, which owns The Resort and The Press, filed for an amendment to its PUD in December asking to make a number of improvements to The Resort property that would enhance the "views and vistas" of the lake.

The Hagadone Corporation agreed last year to donate close to $1 million to help the city of Coeur d'Alene realign a portion of the Centennial Trail and improve pedestrian safety issues between Independence Point and McEuen Park.

Part of those improvements would convert a portion of Front Avenue between Second and Third streets into a pedestrian corridor that the Hagadone Corporation agreed to landscape and maintain for the city into perpetuity.

The financial agreement was contingent upon the approval of The Resort's PUD amendment, according to John Barlow, who is managing the project for the Hagadone Corporation.

The planning commission approved the amendment on Dec. 10, which included the removal of the trees along with enhancements of the Centennial Trail and the sidewalks along Sherman Avenue and Second Street.

Smith's appeal, however, incorrectly states that the city's Urban Forestry Committee has not approved the removal of the trees.

Katie Kosanke, urban forestry coordinator for the city, said on Friday that the Urban Forestry Committee has supported the removal of those trees since 2002, when the health of the trees was jeopardized by improper pruning methods.

According to the minutes from the forestry committee on Oct. 18, 2002, the committee was concerned that the trees were "rounded over," which prohibited their ability to grow taller.

"Those trees were never meant to be small trees," Kosanke said, adding the way they were pruned caused the integrity of the trees' branches to weaken.

She said once that is done, the trees have to be continually pruned in the same fashion to protect their health.

"So the committee said that they could continue to prune the trees until maintenance became burdensome or causes the trees to decline in health," she said, adding that in that case, The Resort was to consider removing them and replacing them with a more suitable species.

There have been several meetings on the issue over the years, but on Aug. 16 of last year the city's forestry committee passed another motion that specifically called for "the removal of five red maple trees on the north side of Sherman Avenue, with the replacement trees being required for this area.

"In addition, the trees on the south side of the street are approved for removal. If the street and trail is realigned, a fee in lieu of replacements will need to be paid, since there won't be any space for replacement trees," the minutes stated.

Kosanke said that with that approval, The Resort could remove the trees whether they are in the PUD amendment or not.

"That may be the case," said Barlow. "But here is the thing - that committee made that decision, but the way the city's ordinance reads, another city council five years from now could come back and make us replace them."

Barlow said including that provision as a supplemental contract to the PUD amendment will ensure the removal of those trees remains permanent.

"That was our agreement from the beginning," Barlow said. "Before we pay for all of these improvements, we want make sure that those trees are removed in this process."

A public hearing has been scheduled for Feb. 4 to hear the appeal before the city council.