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File #: 2022-0672    Version: 1
Type: Motion Status: Approved
File created: 7/5/2022 In control: Administrative Session
On agenda: 7/19/2022 Final action: 7/19/2022
Title: Amended Motion 22-286, concerning the County Council's position on a proposed petition method annexation to the city of Lake Stevens; BRB File No.05-2022 - Fagerlie Annexation
Code sections: SCC 2.77.040 - Council Request for Review
Attachments: 1. Amended Motion 22-286, 2. Staff Report, 3. Map-Proposed_Fagerlie_Annex_Zoom-In, 4. Map-Proposed_Fagerlie_Annex_Zoom-Out, 5. DPW-Special Projects-No Comment-Fagerlie Annexation-BRB file 05-2022, 6. DPW-TES-No Comment-Fagerlie Annexation-BRB file 05-2022, 7. SWM-Comments-Proposed City of Lake Stevens Fagerlie Annexation – BRB File #05-2022, 8. Motion Assignment Slip, 9. Proposed Substitute Motion, 10. Approved Ordinance City of Lake Stevens, 11. Proposed Motion 22-286 (Redlined)

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

Title

Amended Motion 22-286, concerning the County Council’s position on a proposed petition method annexation to the city of Lake Stevens; BRB File No.05-2022 - Fagerlie Annexation

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DEPARTMENT:  Planning and Development Services

 

ORIGINATOR:  Eileen Canola, Senior Planner, PDS

 

EXECUTIVE RECOMMENDATION:  Approve - Ken Klein

 

PURPOSE: To review the City of Lake Stevens proposed Fagerlie Annexation, BRB file no. 05-2022, and take action on the attached motion, to approve the annexation and not invoke BRB-jurisdiction.

 

BACKGROUND: The City of Lake Stevens (City) submitted a Notice of Intention (NOI) to the BRB for the Fagerlie Annexation that was deemed complete and filed (BRB file no. 05-2022) on June 15, 2022, with the 45-day review period ending on August 1, 2022. The BRB, consistent with its annexation review procedures outlined in Chapter 2.77 of the Snohomish County Code (SCC), distributed the NOI, and the Department of Planning and Development Services (PDS) circulated it to County departments for comments. Within this 45-day review period, the options for the County Council on this proposed annexation are to invoke, or not invoke, the jurisdiction of the BRB. The County Council also has the option to state a position to oppose, or not oppose, the proposed annexation, or to not state a position. If BRB jurisdiction is invoked by the County Council or another party, the position that the County Council adopts will be provided to the BRB in writing prior to the hearing on the proposed annexation. If BRB jurisdiction is not invoked, the annexation would be deemed approved. If the annexation is approved by the BRB either following a public hearing or because no party invokes BRB jurisdiction, the annexation would still need to be finalized by city ordinance setting the effective date. The authority of the County Council for reviewing annexations is set forth in Revised Code of Washington (RCW) 36.93.100 and SCC 2.77.040. The Fagerlie Annexation is a direct petition method of annexation per RCW 35A.14.120. As indicated in City Resolution 07-2022, the City received 100% of the property owners’ signatures comprising 100% of the total assessed value within the proposed annexation area. The attached NOI includes the Snohomish County’s Assessor’s Certificate of Sufficiency. The general location of the proposed Fagerlie Annexation is south of 20th St SE, west of 123rd Ave SE,  and adjacent to and south of the Lake Stevens city limits. The area proposed for annexation is approximately 13.9 acres with an assessed valuation is $1,388,400, there are 2 residences, and a population of 3. Based on the review detailed in the PDS staff report dated July 1, 2022, the proposed annexation is generally consistent with the GMA, the CPPs, local comprehensive plans, and the factors and objectives of the BRB, and will have minimal impact to County budget and services. In addition, the City’s proposal would satisfy the requirements for the Direct Petition method of annexation, and the County and City have adopted a MAILA to provide for the annexation and govern the transition of services. The annexation proposal furthers the GMA goal and CPP policy that cities should be the primary providers of urban services.  This conclusion has been reached by comprehensively reviewing the annexation against the applicable BRB factors and objectives, County codes, and other applicable statutes and determining that the relevant factors and objectives that the BRB must consider would be advanced by the annexation. The recommendation to the County Council from PDS is to not invoke the jurisdiction of the BRB and approve the City of Lake Stevens Fagerlie Annexation.

 

 

 

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OTHER DEPARTMENTAL REVIEW/COMMENTS:  Reviewed/approved by Finance