172_-_2021-8-17_Dan_PavelichPainted Hills Proposed Development
Comments on Painted Hills PRD DEIS
Public Release Date July 16, 2021
• Having an HOA assume the financial responsibility of the Operation and Maintenance of
the flood control and stormwater system is a perfect storm that will drench the City in
Liability. The estimated HOA fees in the DEIS would not begin to cover significant costs
associated with the failure and maintenance of the system. I have read and analyzed the
computation of fees to be assessed to the HOA participants and they are a rounding
error in the reality of the cost associated with the failure. The condo disaster in Florida
is a lesson on HOA lack of responsibility. Additionally, the HOA would not be equipped
with the necessary knowledge to even collaborate with a contracting firm as to actions
and monitoring. HOA’s go bankrupt. I suggest that you have the City Attorney and your
Risk Assessment people read the Phillips vs King County Case. We have an internal
record by a City official involved in the review of the proposed PRD stating that HOAs go
bankrupt on a frequent basis. Not only is the City taking on a significant financial liability
they could also lose their ability to continue to participate in the National Flood
Insurance Program. This would be a disaster for property owners that could experience
uninsured property damage and flood insurance premiums that would be significantly
impacted.
• In a letter from Spokane County to Whipple Consulting and City of Spokane Valley,
dated January 27,2017, it states, “This work primarily benefits the Painted Hills PRD,
thus Spokane County believes the City of Spokane Valley should be ultimately held
responsible for facility maintenance and an appropriate CSV official listed in the O&M
manual”. It requires identification in the DEIS that such will be done. Explain how you
will monitor the financial stability of the HOA, its membership, leadership, and expertise
in dealing with a contracting organization to assess the ongoing needs of maintenance
and replacement.
• The use of the Triangle Pit has been identified as a water storage and infiltration area,
both from the proposed development, and what is referred to as the Gustin Ditch which
runs east west from Highway 27. The pit and Gustin Ditch area are privately owned. No
information is available as to the accessibility of this property by the developer for this
purpose. It is my understanding that the owner has not granted legal access to the
developer for the purpose of use for flood control. I have a draft of a document not
finalized that I have attached to this memo, which appears to be eventually
incorporated into a HOA. How will the City monitor the HOA’s responsibility and their
financial viability? Please produce the documentation from Tim Comer or Spokane
County as to the use of any easement granted.
• The traffic study needs to be revised with new developments being approved and those
under construction. It does not take a rocket scientist to understand the significance of
traffic congestion and safety with projected daily trips of over 5,000 per day. You are
exposing school children and other users of Madison Rd to danger. There is no
provision for paved sidewalks to accommodate pedestrians. Fire evacuation is put into
peril. Not covered in the DEIS.
• School overcrowding. The Central Valley School District responded in their letter back
to the City that everyone needs to understand that even with adjusted new construction
that the students in the new development will likely attend a school other than Chester
Elementary. DEIS makes assumptions of additional students that will occur that are not
realistic. Does not take a demographic expert to refute their count.
• The area is a Compensatory Water Storage area that will no longer exist with the flood
waters being diverted into the Aquifer without filtration.
• The Department of Fish and Wildlife in a letter dated November 16, 2018, disagreed
with the City as to Chester Creek not being fish bearing. The City has stated it is not fish
bearing since it dries up at times. Fish and Wildlife recognizes this. Inadequate
mitigation response by the applicant and acceptance of such by the City..
• DEIS does not cover monitoring of the cut and fill as to contaminants in the fill, dust
control, being able to haul until 10:00 pm at night as to additional traffic safety control.
Their comment as to using 30 cubic yard dump trucks is a stretch. Heavy duty dump
trucks without a pup carry about 10 yards. They acknowledge many of the significant
safety problems but do not address the mitigation. As to dust control one only must
look at Black’s development on the corner of Thorpe and Madison and observe there is
none. One lone water tanker that is significantly underused. And the proposed PRD cut
and fill is intended to go on for four years. How will the City mitigate the impact upon
the failure of the developer to do so if this is approved?
• The flood control system and cut and fill has not been approved by FEMA to remove the
property from its flood plain designation through a CLOMR and an eventual LOMR. The
developer has proceeded to run the permitting process concurrently. FEMA could deny
or require substantial modifications as to the flood control and floodplain fill. So, the
City wants the public to spend momentous time and resources reviewing a document
that may become extinct. Too late to turn back the clock but what a potential waste of
everyone’s time.
• The Public Works Department of Spokane County, wrote a detailed comment letter
authored by Marianne Barrentine, PE, CFM to Whipple Consulting Engineers and the
City of Spokane Valley Development Engineering regarding the PRD Floodplain/CLOMR
Submittal Review #2. Please identify where the appropriate revisions, or lack thereof,
have been incorporated in subsequent submittals by the Developer or the City’s lack of
response.
• The City received 443 Public comments over two scopings which are included in Exhibit
A to the DEIS. It is obvious from the DEIS that the concerns that were expressed were
not adequately addressed or in many cases not even acknowledged. It appears that it
was a pick and choose process without a complete review by the City. The sheer number
of respondents clearly demonstrates that the community is not in favor of the proposed
development not withstanding a weak DEIS.
• Attached is a copy of an internal email thread amongst city employees relative to a
concern expressed by a citizen over site flooding and the potential livelihood of future
homeowners, stating.…” perhaps we need some sort of canned response….”. It is a
poor reflection on the professional and political administration of the City. It troubles
me, wherein, the cumulative effect on the natural and human environment is, forever,
going to be negatively impacted. And in finality, I was informed by a City official that the
City was tired of dealing with the developer, which has been ongoing for two years, on
the DEIS and their lack of cooperation, so the decision was made to release it. The result
of which has caused the public and various jurisdictional agencies to bear an
unreasonable responsibility and burden as to the adequacy of identified negative
environmental impacts and proposed mitigation.
Cc:
John Hohman, Deputy City Manager
Honorable Mayor Ben Wick
Carry Driskell, City Attorney
Council Members of the City of Spokane Valley
Marianne Barrentine, PE, CFM Spokane County Environmental Programs Manager
Bricklin and Associates
Painted Hills Preservation Association