Rathdrum council approves subdivision in a flood zone

RATHDRUM — A lengthy debate over the Stillwater Estates Preliminary Plat Subdivision in Rathdrum concluded with the City Council's approval of five family homes to be built within a “special flood hazard area” along Rathdrum Creek.

City planner Cary Siess presented the plan for Dobler Engineering.

Dobler acknowledges that “most of the property is contained within the 100-year floodplain.”

Siess said the building sites will back up against the creek that acts as a floodway for Twin Lakes.

Builders will need a Floodplain Development Permit and building pads and driveways will have to be elevated above the floodplain prior to building.

A required easement will place a barrier between residents and seasonally rising waters that can be over 20 feet deep.

Developers will install fencing across the back of each plot to separate the floodway from homeowners' yards, she said.

A sump maintained by the Twin Lakes Rathdrum Creek Flood Control is located near the building site as well.

It's used to control flooding in the area caused by snowmelt and runoff waters.

Flood Control Chairman Todd Howe wrote to the city expressing “caution in approving homes to be built in this area.” Howe said the area is “prone to flooding in a cycle ranging from 10 to 20 years.”

Council President Paula Laws spoke up with a motion to deny the plat application.

“I’ve read all the letters that people sent in about the floodplain and the wildlife. I don’t want people moving into a floodplain, I’m opposed to it.”

Laws’ motion died per lack of a second.

Siess offered a rebuttal saying that all qualifications set forth by the city have been met and that there are no grounds for denial.

City attorney Will Harrington notified council members that a denial must be specifically linked to breaking a rule or requirement.

“Denying the motion does leave the city open to potential legal ramifications,” Harrington said. “It would make a claim for taking the property rights of the property owner.”

“I don’t think we should deny a landowner the right to do what he wants to with his property,” said Councilman Darrell Rickard.

Despite concerns about building within a floodplain, council members hesitated to possibly invite legal trouble for the city if they denied this application.

"I’m going along with the theme of not getting a lawsuit,” said Mayor Vic Holmes. “I’m going to say aye.”

Council members Laws and Adams voted no, while Rickard and Hill voted to approve.

Holmes' vote broke the tie.

Stillwater Estates covers about 3 acres and is located west of North Parkway Street between Fourth and Larch Street. The first phase of construction is expected to start late this summer.

Siess said there is currently one home on the property and needed infrastructure exists nearby.

Info: Rathdrum.org. Council meetings are held the second and fourth Wednesdays monthly at 6 p.m.