County backs Bayview project, pending flood plain study

Before it can build homes on nine acres at the edge of Bayview, Viking Construction must first prove the property isn’t in a flood plain.

After extensive debate Thursday, the Kootenai County Commission voted 2-1 to approve Lake Stone Estates, but with conditions. The company must pay for and conduct a detailed flood study to see where the water would go on the property if Bayview Creek floods. If the study shows that the proposed home sites are within the 100-year flood plain, Viking is barred from building in those areas.

Neighbors who oppose the development, saying it could harm the stream and cause flooding downstream in Bayview, were surprised by the commission’s demands. Some people hope the decision might mean the commission, which has two newly elected members, is willing to scrutinize developments more than the previous county board did.

“I’m pleased and impressed the county commission has taken a brave stand to actually challenge a developer to do the right thing,” said Bayview resident Mike Lee.

Viking must also require property owners to form a homeowners association that would control an easement in the 30-foot buffer along the creek where county laws prevent building or disruption of vegetation. The commission said this is a way for a third party to ensure that the creek protection zone isn’t disturbed by homeowners.

Bayview Creek flows along the east edge of the property, which is off Perimeter Road. Eight of the 29 home sites abut the creek that flows through Bayview before dumping into Lake Pend Oreille.

The commission debated ideas for protecting the buffer zone and whether a flood study was needed.

Commission Chairman Rick Currie, the only holdover commissioner, said he liked the project and feared it might die if the board couldn’t come to an agreement on a motion.

Commissioner Rich Piazza wanted Viking to build a 4-foot cyclone fence to mark the buffer zone along the creek, but the other two commissioners rejected the idea. Piazza and Currie both said they didn’t think a flood study was warranted because the state coordinator for the national flood insurance program inspected the site in January and determined that the creek isn’t likely to flood.

Yet Commissioner Todd Tondee insisted that a flood study was needed to ensure the county didn’t make a mistake.

Currie reluctantly voted for Tondee’s motion, saving the project from dying. Piazza voted against it.

Engineer Ray Kimball of Inland Northwest Consultants, who represents Viking Construction, said it’s unknown how much a flood study may cost and that it would likely take six months. He added that Viking Construction didn’t plan on forming a homeowners association but would likely comply with the commission’s request.

Kimball said he’s confident the study will show that flooding isn’t a potential problem.

“There’s not a whole lot of concern,” Kimball said.