46_-_2021-8-11_George_Simon_2George Simon
3952 S Eagle Ln
Spokane Valley, WA 99206
August 11, 2021
Lori Barlow, Senior Planner
City of Spokane Valley
10210 E Sprague Ave
Spokane Valley, Washington 99206
Subject: Public Comment on the DEIS for the Painted Hills Residential Development
Unaddressed Concerns/Comments
Dear Ms. Barlow:
My concerns for this development are many, and I (among many others) outlined several of them back
in 2018. To date I do not see them being discussed or addressed by the applicant. I thought that was the
point of being provided an opportunity for public comment. Shouldn’t the concerns of the surrounding
community have been addressed in this DEIS?
I still seek answers on:
A past administrator with FEMA did not endorse fill as a way to mitigate a flood plain as it just moves the
risk of flooding to surrounding areas. Which concerns me as my property borders this planned
development. How will my property be protected? In Todd Whipple’s responses (August 20, 2018) to
the City of Spokane Valley comments he said: “For any flood event beyond the 100 - year event the
proposed finish floor of the residences and the commercial buildings are graded above the BFE, so any
flooding would be maintained in the streets, with minimal incursion into the structures”. In the current
DEIS he also states that people may be displaced and damage to the homes could occur if everything
were not properly maintained. For this reason alone, why hasn’t this project been shut down? It gives
me the impression that some flooding is acceptable. How could this potentially impact the City’s
National Flood Insurance Certification?
Will potential buyers and lenders alike be aware of the risks and costs (the HOA fees have to be
expensive) associated with owning a home in this development? Should there be a flood event, will
people just walk away from their homes leaving an undesirable, wasting neighborhood? But by then the
developer will have fulfilled his promise of providing more homes for our community. How noble. More
homes, whatever the risks.
Four years of cut and fill? That’s outrageous. The wear on roads to move 377,000 cubic yards of soil, the
noise, the dust, and the traffic. Then when we’ve lived through that, there is a 10 year build out plan.
This is real pollution and can’t be candy coated.
This project will add an increased risk on mosquito breeding grounds. In addition to the original drywell
infiltration gallery, there will be a settlement pond. Water will not flow into the drywell gallery until the
pond is over a foot deep. We had a neighbor that had a small koi pond at one time which proved to be a
problematic breeding ground for mosquitos. How will this not generate the same problem? (Once again
see the information that I included in 2018 from the State Department of Ecology and a PhD zoonotic
professional with the Department of Health). If this development were ever to move forward, we need
assurances that the City of Spokane Valley or the County will oversee a mosquito control district. I’m
sure that Washington State Department of Health and Spokane County Health would be interested in
the flood mitigation system that by design will have standing water.
Why does the developer continue to reference the gravel pit west of HWY 27 in his plan? He has no
rights to it. The owner has stated that no deal has been struck with David Black having any access to it.
Department of Fish and Wildlife does not concur with the City or the Developer in the DEIS that Chester
Creek is non fish bearing. Can you explain why the City and the developer has more knowledge in this
matter than the Department of Fish and Wildlife?
There was no traffic study conducted at the intersection of 40th and Madison or Woodlawn. About 30%
of traffic from south Madison turns east on 40th to avoid the schools and the light at 32nd. This regular
residential area (Midilome East) was not designed as a main thoroughfare, that would only become
worse. In a letter dated October 2, 2015 sent from Sean Messer, PE, Senior Traffic Engineer with the City
of Spokane Valley, Public Works Department – Traffic Engineering, to Todd Whipple, that an analysis of
cut through traffic via 40th/Woodlawn needed to be provided. To date I have not seen any such data. In
addition, I understand that some of the traffic studies that were conducted at other areas of concern,
were done on a Holiday: Martin Luther King Day. Schools were out, and many workers had the day off.
Seems deceiving at best.
Central Valley School District has stated that there is no room in the three schools nearby for any
children in the proposed development. They will need to be bussed to other schools outside the area.
Not a great way to build community.
This volley of submittals and City comments has been going on since 2015, and I don’t see a viable plan
as of yet. I am concerned when I see the City’s comment that the DEIS meets minimum submittal
requirements when so many concerns have not been adequately addressed. What does that mean?
In the DEIS the developer states that The City of Spokane Valley will not be the responsible party for the
flood control infrastructure. But if the DEIS is accepted by the City (and all of the M&O oversight) the
City will become the owner and will be responsible for identified, or the lack thereof of the
environmental impacts and mitigation. In a court of law, I don’t see how the city could approve the
project, and be a part of the ongoing checks and balances, and yet somehow escape responsibility for
same. Can the City make an argument otherwise?
I believe that the planned residential development is poorly thought out, is entirely self-serving for the
developer, represents a deterioration of the living standard we enjoy in the area, and more importantly
presents a real risk to our health and safety. To protect our community and prevent liability for the City,
option A must be adopted as described in your October 26, 2018 letter.
Respectfully,
George Simon
3952 S Eagle Lane