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File #: 2022-0556    Version: 1
Type: Motion Status: Approved
File created: 5/19/2022 In control: Administrative Session
On agenda: 5/31/2022 Final action: 5/31/2022
Title: Motion 22-231, approving a proposed annexation to the Lake Stevens Sewer District BRB File 03-2022 - Fagerlie Sewer Annexation
Attachments: 1. Motion 22-231, 2. Staff Report, 3. Map-Zoom-In, 4. Map-Zoom-Out, 5. Motion Assignment Slip, 6. Approved Lake Stevens Sewer District Resolution (updated 10/12/22)

 

 

Executive/Council Action Form (ECAF)

 

 

ITEM TITLE:

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Motion 22-231, approving a proposed annexation to the Lake Stevens Sewer District BRB File 03-2022 - Fagerlie Sewer Annexation

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DEPARTMENT:  Planning and Development Services

 

ORIGINATOR:  Michael Saponaro

 

EXECUTIVE RECOMMENDATION:  Approve - Ken Klein

 

PURPOSE: For the County Council to review the proposed motion to approve and not invoke BRB jurisdiction for the proposed Lake Stevens Sewer District Fagerlie annexation.

 

BACKGROUND: The proposed Fagerlie annexation is a petition method annexation for 13.03 acres to be annexed into the Lake Stevens Sewer District (District) sewer service boundary. The general location of the proposed annexation area is 12014 20th St SE, Lake Stevens. This has an abbreviated review schedule of 30-days per RCW 57.02.040(2). The 30-day review period for County Council to act on the proposed District’s annexation expires June 6, 2022. On April 21, 2022, the BRB received the Notice of Intention (NOI) for the Fagerlie Annexation and deemed it legally sufficient with an effective filing date of May 6, 2022 (File No. 03-2022). The BRB, consistent with its annexation review procedures outlined in Chapter 2.77 SCC, distributed the NOI to Planning and Development Services (PDS) and PDS distributed it to County departments for comments, which have been incorporated into the staff report dated May 16, 2022. The County Council’s authority for reviewing sewer district annexations is set forth in RCW 57.02.040, RCW 36.93.100, and SCC 2.77.040. Pursuant to SCC 2.77.040, the County Executive is required to review the annexation and make a recommendation to the County Council. The options for the County Council are to either: Approve the District’s annexation, and not invoke the jurisdiction of the BRB, or Not approve the annexation and invoke the jurisdiction of the BRB.  If the County Council approves the annexation, BRB jurisdiction could be invoked by another party with standing during the 45-day BRB review period, which ends June 21, 2022. The County Council findings and decision to approve or not approve the annexation will be transmitted to the BRB. The PDS staff report dated May 16 contains the review per Chapter 2.77 SCC. As stated in the PDS staff report dated May 16, PDS concludes that the Fagerlie Annexation proposal by the Lake Stevens Sewer District is consistent with the applicable statutory provisions governing special district annexations. This conclusion has been reached by comprehensively reviewing the proposed annexation against the requirements of RCW 57.02.040 for water and sewer annexations, the applicable BRB factors and objectives, County codes, and other applicable statutes per SCC 2.77.040.  The recommendation to the County Council from PDS is to not invoke the jurisdiction of the BRB and approve the Fagerlie Annexation by the Lake Stevens Sewer District.

 

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OTHER DEPARTMENTAL REVIEW/COMMENTS:  Reviewed/approved by Finance