Commissioners approve 58‑lot Clagstone subdivision; add 12‑month DEQ review window for public water system

Kootenai County commissioners voted Aug. 14 to approve MSP24‑0001, the Clagstone Country Estates subdivision, a proposed 58‑lot residential plat across roughly 399 acres, and added a condition limiting the Department of Environmental Quality (DEQ) review window for a community water system to 12 months. If DEQ has not approved the public drinking water system within that period, the developer may proceed with individual wells for lots intended to be sold.

Staff presentation: Ben Tarbutton described the two‑phase project that includes two open‑space tracts, a utility tract and space for bus stops and mailboxes. Primary access will be from Gladstone Road (maintained by Lakes Highway District). The applicant proposes a public water system fed by two wells and a reservoir; as a contingency they reserved the option for individual wells if the DEQ review and approvals are not completed in a timely manner. The project would use individual septic systems and required agency conditions; Lakes Highway District requested a road development agreement for interior roads that will be dedicated to the district.

Public comment and agency review: Agency reviewers generally approved the project with conditions; the public comment record included one comment in support and three opposed, citing traffic, groundwater and impacts to schools, fire and sheriff services. Staff noted state rules do not permit the county to apply impact fees toward sheriff salaries and said the comprehensive plan update this year will address service‑level policy questions.

Board action and rationale: Commissioners discussed long‑term groundwater monitoring, the tradeoffs between an aggregated public system (easier to monitor) and many individual wells, and the risk of incremental groundwater drawdown from many small wells. Commissioners who favored allowing the developer time to pursue a public system argued that a defined review window would encourage DEQ to act and avoid indefinitely delaying the developer; others cautioned against forcing a public system as the sole option. Commissioner Duncan moved to approve MSP24‑0001 with a condition allowing DEQ 12 months to approve the public water system; if no approval is obtained within 12 months, the developer may install individual wells. The motion passed unanimously.

What’s next: Staff will record the condition in the project approval (condition 7.06 references DEQ’s public drinking water review). The developer will continue coordination with DEQ; the plat will move forward with agency conditions and required bonds or construction at recordation.