2004, 06-15 Boundary Review Board letter re File 579-04 proposed annexation •
• Washington State
BOUNDARY REVIEW BOARD RECEIVED
For Spokane County JUN 15 2004
1026 W. Broadway Avenue
Spokane,WA 99260-0040 City of Spokane Valley
(509) 477-4237 FAX (509) 477-3631
http://www.spokanecounty.org/boundary
June 15, 2004
Nina Regor
City of Spokane Valley
11707 E. Sprague Avenue
Spokane, WA 99206
RE: BRB 579-04: Proposed Annexation of City of Spokane Valley to Fire District 8
(Valley View Hills, Morningside, and Ponderosa) and BRB 580-04: Proposed
Annexation of the City of Spokane Valley to Fire District 1 (excluding Fire District 8
Areas)
Dear Ms. Regor:
The Boundary Review Board modified the above files and signed the Resolution and
Hearing Decision on June 14, 2004. A copy is enclosed for filing with the Clerk of the
City of Spokane Valley. It was filed with the County Commissioners on June 15, 2004.
An appeal period of thirty days follows the filing of the Resolution and Hearing Decision.
Fire District 1 and Fire District 8 are required to adopt Final Resolutions accepting the
modified boundaries prior to the matter being set for an election.
If you have any questions, please do not hesitate to call me at 477-4237.
Sincerely,
_Ata,t).44/ /L)J4XJJ
Susan M. Winchell, AICP
Boundary Review Board Director
BOARD MEMBERS: Douglas Beu John B. Hagney Deanna Hormann Robert E. Nebergall Lawrence B. Stone
BEFORE THE
WASHINGTON STATE BOUNDARY REVIEW BOARD
FOR SPOKANE COUNTY
In the Matter of }
FILE No. 579-04: }
ANNEXATION OF THE CITY OF SPOKANE }
VALLEY TO FIRE DISTRICT 8 }
(VALLEY VIEW HILLS, MORNINGSIDE AND }
PONDEROSA) }
} RESOLUTION AND
and } HEARING DECISION
}
FILE NO. 580-04 }
ANNEXATION OF THE CITY OF SPOKANE }
VALLEY TO FIRE DISTRICT 1 }
(EXCLUDING FIRE DISTRICT 8 AREAS) }
HEARING DECISION
BRB 579-04: Proposed Annexation of the City of Spokane Valley to Fire District 8
(Valley View Hills, Morningside, and Ponderosa) and BRB 580-04: Proposed
Annexation of the City of Spokane Valley to Fire District 1 (excluding Fire District 8
areas) are hereby MODIFIED by the Washington State Boundary Review Board
pursuant to RCW 36.93.170, "Factors to be considered by the Board", RCW 36.93.180,
"Objectives of the Boundary Review Board", and RCW 36.09.157, "Decisions to be
consistent with the Growth Management Act".
LEGAL DESCRIPTIONS
BRB 579-04: Proposed Annexation of the City of Spokane Valley to Fire District 8
(Valley View Hills, Morningside, and Ponderosa) The legal description in the Notice
of Intention was modified to include portions of parcels in the Morningside area that
were split between the two fire districts and includes the following lands:
Valley View Hills Area:
That portion of Fire District 8 within Sections 25 and 26, Township 25 North, Range 43
East, W.M., within the Spokane Valley City limits;
and
Ponderosa Area:
That portion of Fire District 8 within Sections 4 and 5, Township 24 North, Range 44
East, W.M., within the Spokane Valley City;
and
Morningside Area:
That portion of Fire District 8 within the Spokane Valley City limits and east of a line
running southerly along the section line common to Sections 25, Township 25 North,
Range 44 East and Section 30, Township 25, Range 45 East to the intersection with the
north line of Lot 9, Block 5 of Morningside PUD Phase 1; thence southeasterly along the
northerly lines of said Lot 9 and Lot 8 to the easterly most corner of said Lot 8; thence
southwesterly along the line common to Lots 7 and 8 of said Block 5 to the northerly
right-of-way of Daybreak Lane; thence along said r/w to the westerly most corner of Lot
6 of said Block; thence southwesterly to the northerly most corner of Lot 10, Block 4 of
said PUD; thence Southwesterly and Southeasterly along the Westerly and Southerly
lines of said Lot 10 to the Southerly most corner of Lot 10; thence continuing
Southeasterly along the Southerly lines of Lots 11 and 12 of said PUD, common with
the Northerly lines of Lots 1 and 2 of Morningside PUD Phase Ill, to the Easterly most
corner of said Lot 2; thence Southwesterly along the line common to Lots 2 and 3 to the
intersection with the Northerly Right-of-Way of Morningside Lane; thence along said
RNV to the point of intersection of a Northerly projection of the line common to Lot 3 and
Lot 4, Block 2 Morningside PUD Phase Ill; thence Southwesterly along said line to the
intersection with the North line of Lot 1, Block 1 of Morningside PUD Phase 1; thence
Southeasterly along said North line and the North lines of Lot 1, Block 3 and Tract D of
Viewmont at Morningside PUD to a point lying on the Westerly Right-of-Way of
Chapman Road; thence along said R/W to the intersection with the section line common
to said Sections 25 and 30; thence Southerly along said section line.
BRB 580-04: Proposed Annexation of the City of Spokane Valley to Fire District 1
(excluding Fire District 8 areas) The original legal description was modified to
include the following:
That portion of Spokane Valley Fire Protection District No. 1 located within the
incorporated boundary of the City of Spokane Valley and west of a line running
southerly along the section line common to Sections 25, Township 25 North, Range 44
East and Section 30, Township 25, Range 45 East to the intersection with the north line
of Lot 9, Block 5 of Morningside PUD Phase 1; thence southeasterly along the northerly
lines of said Lot 9 and Lot 8 to the easterly most corner of said Lot 8; thence
southwesterly along the line common to Lots 7 and 8 of said Block 5 to the northerly
right-of-way of Daybreak Lane; thence along said r/w to the westerly most corner of Lot
6 of said Block; thence southwesterly to the northerly most corner of Lot 10, Block 4 of
said PUD; thence Southwesterly and Southeasterly along the Westerly and Southerly
lines of said Lot 10 to the Southerly most corner of Lot 10; thence continuing
Southeasterly along the Southerly lines of Lots 11 and 12 of said PUD, common with
the Northerly lines of Lots 1 and 2 of Morningside PUD Phase Ill, to the Easterly most
corner of said Lot 2; thence Southwesterly along the line common to Lots 2 and 3 to the
intersection with the Northerly Right-of-Way of Morningside Lane; thence along said
2
R/W to the point of intersection of a Northerly projection of the line common to Lot 3 and
Lot 4, Block 2 Morningside PUD Phase III; thence Southwesterly along said line to the
intersection with the North line of Lot 1 , Block 1 of Morningside PUD Phase 1; thence
Southeasterly along said North line and the North lines of Lot 1 , Block 3 and Tract D of
Viewmont at Morningside PUD to a point lying on the Westerly Right-of-Way of
Chapman Road; thence along said R/W to the intersection with the section line common
to said Sections 25 and 30; thence Southerly along said section line.
RESOLUTION
WHEREAS, pursuant to the provisions of the Revised Code of Washington (RCW
36.93.100), the Washington State Boundary Review Board for Spokane County is
required to review and approve, disapprove, or modify any of the actions set forth in
RCW 36.93.090 whenever its jurisdiction is invoked;
WHEREAS, the annexation process was initiated by the City Council of the City of
Spokane Valley with the adoption of Resolution No. 04-003, dated January 20, 2004,
requesting that the area be considered for annexation by the Boundary Review Board.
WHEREAS, the Board of Commissioners of Spokane County Fire District 8 concurs in
and supports the annexation of a portion of the City of Spokane Valley into Spokane
County Fire District 8 with the adoption of Resolution No. 04-02 on January 21, 2004,
requesting that the area be considered for annexation by the Boundary Review Board;
WHEREAS, the Board of Commissioners of Spokane County Fire District 1 concurs in
and supports the annexation of a portion of the City of Spokane Valley into Spokane
County Fire District 1 with the adoption of Resolution No. 2004-220 on January 21 ,
2004 requesting that the area be considered for annexation by the Boundary Review
Board;
WHEREAS, City of Spokane Valley issued an environmental checklist and DNS
(Determination of Nonsignificance) on March 23, 2004 for the proposal. A fourteen day
review period followed the issuance of the checklist.
WHEREAS, Notices of Intention were filed as BRB 579-04 and BRB 580-04 with the
Boundary Review Board on April 14, 2004 to annex the City of Spokane Valley to Fire
District 8 and Fire District 1 respectively;
WHEREAS, on that same date, April 14, 2004, the City of Spokane Valley invoked the
Board's jurisdiction pursuant to RCW 36.93.100 (1);
WHEREAS, the Notices of Intention were then circulated to affected agencies and
interested parties on April 15, 2004 for review;
WHEREAS, the Boundary Review Board set a public hearing for May 17, 2004 at 3:00
PM at the City of Spokane Valley Council Chambers, 11707 East Sprague Avenue,
Spokane Valley and directed its Director to advertise the hearing;
3
WHEREAS, public notice procedures pursuant to RCW 36.93.160 were carried out
including: notice to affected jurisdictions thirty days prior to the public hearing
(April 15, 2004), publication of legal notices in the Spokesman Review (April 18, 2004
and April 25, 2004, May 9, 2004); Spokesman Review Valley Voice (April 24, 2004, May
1 , 2004 and May 8, 2004) and Valley News Herald (April 23, 2004, April 30, 2004, and
May 7, 2004); and posting of notices (May 3, 2004) in at least ten places in the
proposed area and other public places;
WHEREAS, on May 6, 2004, residents of the area proposed for modification were
notified by mail of the public hearing;
WHEREAS, prior to the public hearing, the Board received the following exhibits:
Exhibit 1 Fax received May 11 , 2004 from Mark Grover, Fire Chief for Fire
District No. 1, submitted a map indicating modification areas.
Exhibit 2 Letter submitted by Michael Wentz, Spokane County Assessor's Office
commenting on the boundary modifications.
WHEREAS, a public hearing was held on May 17, 2004 at 3:00 PM at the City of
Spokane Valley Council Chambers, 11707 East Sprague, Spokane Valley and all
proceedings were recorded by a court reporter and all Board members were present;
WHEREAS, the Board Director administered an oath to those planning to testify and
presented a staff report on the proposal.
WHEREAS, public testimony was given by:
1) Scott Kuhta, Planner, City of Spokane Valley
2) Mark Grover, Fire Chief for Fire District 1
3) Dan Blystone, Fire Chief for Fire District 8
4) Clark Snure, Attorney for Fire District 1 and Fire District 8
WHEREAS, the following exhibits were received at the public hearing:
Exhibit 3 Scott Kuhta, City of Spokane Valley, submitted copies of his
PowerPoint presentation.
WHEREAS, the Boundary Review Board considered all testimony and exhibits, adopted
plans and policies of the Growth Management Act, considered each factor (RCW
36.93.170), and determined which objectives were met or not met by the proposal
(RCW 36.93.180) and with a vote of five (5) in favor and zero (0) against, directed its
staff to prepare a written decision to modify the proposal.
WHEREAS, the Boundary Review Board is entering its written decision concerning this
matter, pursuant to RCW 36.93.160 (4), and is adopting and filing its decision with the
Board of County Commissioners and the Clerk of each governmental unit directly
affected on or before June 25, 2004.
4
FINDINGS
BRB 579-04: Proposed Annexation of the City of Spokane Valley to Fire District 8
(Valley View Hills, Morningside, and Ponderosa) and BRB 580-04: Proposed
Annexation of the City of Spokane Valley to Fire District 1 (excluding Fire District 8
areas) were MODIFIED by the Washington State Boundary Review Board for Spokane
County. This action is based upon the following findings pursuant to RCW 36.93.170,
"Factors to be considered by the Board", RCW 36.93.180, "Objectives of the Boundary
Review Board", and RCW 36.09.157, "Decisions to be consistent with the Growth
Management Act".
FACTORS (RCW 36.93.170)
The Boundary Review Board is required to consider all of the factors identified in RCW
36.93.170, which include, but are not limited to the following:
Population and Territory
POPULATION DENSITY
Within the proposed annexation area into Fire District 1, a 28,149-acre area, there are
32,077 homes for 80,193 inhabitants, which results in a population density of 2.8
persons per acre. Within the proposed annexation area into Fire District 8, a 651-acre
area, there are 723 homes for 1,807 inhabitants, which results in a population density of
2.7 persons per acre.
LAND AREA AND USES
The existing land use for the proposed annexation area into Fire District 1 is rural,
urban, and suburban. The area contains a typical mix of urban land uses as well as
rural and suburban uses. Urban land uses in the area consist of single and multifamily
dwellings; recreational areas; light manufacturing; commercial, including many retail
stores; professional office buildings; business parks; schools; and undeveloped land
suitable for residential, commercial, and industrial growth. Rural and suburban land
uses include low density residential and agriculture.
The existing land use for the proposed annexation area into Fire District 8 is suburban
residential development and vacant land. Most of the roads in the proposed annexation
areas are paved.
COMPREHENSIVE PLANS, ZONING AND DEVELOPMENT REGULATIONS
The comprehensive planning designation for the proposed annexation into Fire District
1 includes all comprehensive-planning designations and the area is zoned to include all
zoning designations as well. The comprehensive planning designation for the proposed
annexation into Fire District 8 is low density residential. The area is currently zoned to
include Urban Residential 3.5 (UR 3.5) and Urban Residential 7 (UR-7).
5
SERVICE AGREEMENTS AND INTERLOCAL ANNEXATION AGREEMENTS
This factor are not applicable.
PER CAPITA ASSESSED VALUATION
The assessed valuation of Fire District 1's annexation area is $4.4 billion. The
assessed valuation of Fire Districts 8's annexation area is $122.7 million.
TOPOGRAPHY, NATURAL BOUNDARIES AND DRAINAGE BASINS, PROXIMITY TO OTHER
POPULATED AREAS
The proposed annexation area is relatively flat with moderate slopes (15 percent to 30
percent) within the Mirabeau area and south of Shelley Lake. Steep slopes (exceeding
30 percent) are located in the surrounding areas near Dishman Hills Natural Area, East
Spokane (south of Eighth Avenue), southeast of Shelly Lake, and the Carlson Hill area.
Because of the relative flatness of the valley floor, the annexation area contains a large
number of drainage basins.
THE EXISTENCE AND PRESERVATION OF PRIME AGRICULTURAL SOILS AND
PRODUCTIVE AGRICULTURAL USES
The City of Spokane Valley's Comprehensive Plan will identify prime agricultural soils
and agricultural uses.
THE LIKELIHOOD OF SIGNIFICANT GROWTH IN THE AREA AND IN ADJACENT
INCORPORATED AND UNINCORPORATED AREAS DURING THE NEXT TEN YEARS;
The proposed annexation area is within the municipal boundaries of the City of Spokane
Valley and the projected growth for the area is approximately 10,000 people over the
next ten years.
LOCATION AND MOST DESIRABLE FUTURE LOCATION OF COMMUNITY FACILITIES
The proposed annexation area has adequately located facilities and future facilities are
outlined in the interim comprehensive plan. Once the City of Spokane Valley has
developed and adopted their comprehensive plan, a capital facilities component will
address future facilities and their locations. The location of fire stations is relevant to
these annexations (Map 1).
Municipal Services
NEED FOR MUNICIPAL SERVICES
The City of Spokane Valley has a need for fire protection and emergency response
services that are currently being provided by Fire Districts 1 and 8. To continue to
provide these services, the City of Spokane Valley has alternatives which include
annexation to Fire Districts 1 and 8; contract for services with either Fire District 1 or 8
or both districts; or provide its own fire protection and emergency response services.
The annexation alternative proposed in these Notices of Intention would provide the
same level of service and service provider at the same cost to property owners.
6
EFFECT OF ORDINANCES, GOVERNMENTAL CODES, REGULATIONS AND RESOLUTIONS
ON EXISTING SERVICES
With annexation to the current Fire District, this factor would remain unchanged. With
modification to include entire lots, there will be changes in the Fire District for the twelve
lots affected.
PRESENT COST AND ADEQUACY OF GOVERNMENTAL SERVICES AND CONTROLS IN THE
AREA
The present level of service would remain adequate within the proposed annexation
areas with this proposal.
PROSPECTS OF GOVERNMENTAL SERVICES FROM OTHER SOURCES
The City of Spokane Valley determined that annexing to existing fire protection districts
would provide the best service to Spokane Valley citizens. Other options considered by
Spokane Valley included forming a City Fire Department, contracting for fire protection
services and annexing to a single fire protection district.
PROBABLE FUTURE NEEDS FOR SUCH SERVICES AND CONTROLS
The City of Spokane Valley's Comprehensive Plan process will examine future needs.
PROBABLE EFFECT OF PROPOSAL OR ALTERNATIVE ON COST AND ADEQUACY OF
SERVICES AND CONTROLS IN AREA AND ADJACENT AREA
The cost and adequacy of fire protection services would remain the same for Fire
District residents and property owners both within and outside of the City of Spokane
Valley. With a modification to the proposal, residents and property owners would be
placed entirely within one fire district. At this time, the Spokane County Assessor has
assigned two parcel numbers to each of these split lots and has divided the assessed
valuation between the two parcel numbers (Table 1). The twelve lots currently divided
would have a change in service provider and possibly in the cost of services if the
modification changed their fire district.
THE EFFECT ON THE FINANCES, DEBT STRUCTURE, AND CONTRACTUAL OBLIGATIONS
AND RIGHTS OF ALL AFFECTED GOVERNMENTAL UNITS
All finances, tax levies, contractual obligations, and debt structure will remain
unchanged for all parcels entirely within one of the districts. For the twelve divided
parcels, there may be a change in the debt or contractual obligations if the proposal is
modified.
For property owners in Fire Districts 1 and 8 outside of the City of Spokane Valley, there
will be no significant changes to finances, debt structure, or contractual obligations.
7
THE EFFECT OF THE PROPOSAL OR ALTERNATIVE ON ADJACENT AREAS, ON MUTUAL
ECONOMIC AND SOCIAL INTERESTS, AND ON THE LOCAL GOVERNMENT STRUCTURE OF
THE COUNTY
The proposal will have a minimal effect on cost or adequacy of service for the adjacent
areas within the two fire districts depending on the modifications made to the original
proposal.
OBJECTIVES (RCW 36.93.180)
PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES
The annexations of the City of Spokane Valley to the two fire districts will preserve
existing fire district boundaries and will continue the existing natural neighborhood and
communities. Modification to the proposal by including entire lots would enhance this
objective by allowing registered voters a distinct district for elections.
The Board determined that by modifying the proposal to include entire parcels in the
Morningside area, this objective was met.
USE OF PHYSICAL BOUNDARIES, INCLUDING BUT NOT LIMITED TO BODIES OF WATER,
HIGHWAYS AND LAND CONTOURS
The proposals follow existing city and district boundaries. The Board determined that
this objective did not apply.
CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS
The annexations of the City of Spokane Valley to the two fire districts will allow
residents, business and property owners the same level of fire protection and
emergency response service and would preserve the existing service areas.
Modification to the proposal would create a more logical service area in that the divided
lots would be clearly assigned to one of the fire districts for response.
The Board determined that by modifying the proposal to include entire parcels in the
Morningside area, this objective was met.
PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES
The annexations will preserve existing fire district boundaries which currently divide lots.
A modification to the proposal would prevent an abnormally irregular boundary for the
designation of registered voters in Spokane County elections.
The Board determined that by modifying the proposal to include entire parcels in the
Morningside area, this objective was met.
8
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