Chapter 17.158
ANNEXATIONS

Sections:

17.158.010    Purpose.

17.158.020    Uniform criteria.

17.158.030    Comprehensive Plan consistency.

17.158.040    Decision to annex.

17.158.050    Pre-application conference.

17.158.060    Notice of intent.

17.158.070    Review of intent petition.

17.158.080    Meeting with the petitioner.

17.158.090    Annexation petition.

17.158.100    Review of annexation petition.

17.158.110    Zoning or Comprehensive Plan amendment.

17.158.120    Planning department review.

17.158.130    Public hearing and notice.

17.158.135    Resolution of intent to annex.

17.158.140    Boundary review board.

17.158.150    Council decision.

17.158.160    Annexation notification.

17.158.010 Purpose.

The ordinance codified in this chapter is enacted pursuant to the provisions of Chapter 35A.14 RCW, and is intended to accomplish the following:

(1) To identify criteria for evaluation of annexation proposals;

(2) To outline annexation procedures; and

(3) To ensure that an adequate level of service (LOS) is available for annexation proposals. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.020 Uniform criteria.

Uniform criteria shall be used in evaluating annexations.

(1) Annexations shall comply with all requirements with respect to the city’s Comprehensive Plan. The city should evaluate all annexations on the basis of their short- and long-term community impact. Annexations shall be consistent with city plans for urban densities and uses within the urban area of the city and to assure adequate financial capability of the annexed area to meet the criteria for urban areas.

(2) The city should, at a minimum, analyze and evaluate the condition and safety of all streets, the availability and condition of public utilities and the demand for emergency services (police, fire and medical). Public services and facilities to be analyzed may include:

(a) City facilities;

(b) Transportation needs;

(c) Necessary utilities;

(d) Sidewalks, curbs and lighting;

(e) Recreational and human services (includes parks and open spaces and social services); and

(f) Support a balance of housing, commercial and public recreational needs.

(3) The city may require the development of a plan for public transportation to serve the newly annexed area. When possible, plans should be consistent with plans of community transit for public transportation in north Snohomish County.

(4) Annexation of land should be directly dependent upon the city’s ability to provide, acquire, operate and maintain general services and utility services. Annexation will take place only after the city is satisfied that general services, utility resources and necessary utility plan capacity can be made available in a manner cost effective to the city.

(5) In order to accomplish the above, this code will establish uniform annexation procedures.

(a) In addition to adoption of the annexation procedures, the city shall designate staff to perform the following:

(i) Receive and process annexation requests;

(ii) Furnish the public and city official with annexation information;

(iii) Prepare technical studies and assessments on the impacts from annexation.

(b) The city may require the applicant to prepare a report assessing the probable short- and long-term financial, economic, environmental and social impacts from the annexation.

(c) If the annexation is acceptable to the city, the city shall forward reports, plans, studies and agreement of areas requesting annexation to Snohomish County and the boundary review board (BRB) to facilitate processing. (Ord. 1071, 1999).

17.158.030 Comprehensive Plan consistency.

The city should consider annexations that best meet the growth goals and policies set forth in the Stanwood Comprehensive Plan.

(1) The city may, by council approval, condition the extension of utilities and services to encourage and guide needed and desirable urban growth.

(a) The area served by water and/or sewer may be subject to a contractual arrangement wherein it is agreed that all utility improvements meet city standards.

(2) The owners of lands to be served by such water and/or sewer service agree to participate, financially, to the extent and in the manner agreeable to the city, in capital improvements taking place, or projected to take place. (Ord. 1071, 1999).

17.158.040 Decision to annex.

(1) The decision to annex a property is vested in the discretion of the Stanwood city council. The acceptance of a notice of intent by the city represents a commitment by the city to process an annexation consistent with the requirements of this code and the Comprehensive Plan annexation goals and policies.

(2) Final acceptance of the annexation is within the sole discretion of the city council upon a finding that the annexation, as proposed, is both beneficial to the residents of the city and is consistent with the city’s plans and policies at the time the annexation request was considered for approval. The decision to approve an annexation is conditioned on the council finding, through a public hearing process, that the applicant has adequately satisfied the requirements of the final annexation ordinance and these annexation guidelines. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.050 Pre-application conference.

Prior to submitting a notice of intent to annex petition and related documents, the applicant will meet with the planning director and other departmental staff at an informal meeting to discuss the annexation process and any issues that may affect the proposed annexation request. The applicant shall also meet with the planning commission prior to submitting the application. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.060 Notice of intent.

The notice of intent petition shall be filed utilizing a form supplied by the city. In addition, the applicant shall file ownership documentation as required by the city attorney. A fee deposit shall also be paid to cover the costs of reviewing of the intent petition (SMC 3.30.060). (Ord. 1071, 1999).

17.158.070 Review of intent petition.

The planning department will review the material supplied by the petitioner and determine:

(1) Whether sufficient information has been filed to meet city requirements and to certify the intent petition;

(2) Whether all costs have been paid; and

(3) Whether or not the intent petition can be certified to have sufficient signatures of property owners to meet the requirements of state law.

If there are any defects in the petition, information, or cost payments, the planning department shall return the application and notify the petitioner of the defects. Once the petition, other information, and cost payments are complete, the planning department will assign a file number to the intent petition and give the petition a filing date. Copies of the relevant information will be distributed to the city council and Snohomish County staff. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.080 Meeting with the petitioner.

The city council shall set a public meeting with the intent petitioners within 60 days of the petition filing date. The meeting shall be open to the public and occur at a regular or special council meeting. At the meeting, the city council shall determine whether the city will accept, reject, or geographically modify the proposed annexation; whether it shall require the simultaneous adoption of a proposed zoning regulation; and whether it will require the assumption of all or a fair portion of existing city indebtedness by the area to be annexed. A resolution may be adopted incorporating the council’s decision. Approval by the council shall be a condition precedent to circulation of the annexation petition. The city council reserves the right to reject the annexation at any time until final adoption of an annexation ordinance. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.090 Annexation petition.

If the city council accepted the notice of intent petition, the petitioners shall circulate an annexation petition on a form provided by the city and approved by the city attorney. A fee deposit shall also be paid to cover the costs of reviewing the annexation petition (SMC 3.30.060). (Ord. 1071, 1999).

17.158.100 Review of annexation petition.

The planning department will review the material supplied by the petitioner and determine:

(1) Whether sufficient information has been filed to meet city requirements and to certify the annexation petition;

(2) Whether all costs have been paid; and

(3) Whether or not the annexation petition can be certified to have sufficient signatures of property owners to meet the requirements of state law.

If additional information is needed in the petition, information, or cost payments, the planning department shall return the application and notify the petitioner of the defects. Once the petition, other information, and cost payments are complete, copies of the relevant information will be distributed to the city council. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.110 Zoning or Comprehensive Plan amendment.

If the city council elects to simultaneously adopt a new zoning regulation for the area to be annexed, the rezone and any related Comprehensive Plan amendment shall be referred to the planning commission and the procedure for rezones and plan amendments set forth in these regulations shall be utilized. The referral shall be made at such a time as an annexation petition is certified by the planning department. (Ord. 1071, 1999).

17.158.120 Planning department review.

Upon filing of an annexation petition, the planning director shall evaluate the property in relation to the Comprehensive Plan, infrastructure capacity, existing level of service (LOS), capital improvements program, expected revenue/expenditures impact, and other element particulars important to the annexation request. The planning director may refer the petition to other parties for review and comment including but not limited to:

(1) Urban planning and design consultants, traffic and civil engineers, landscape architects, and biologists, after notification to the applicant; and

(2) Snohomish County, the Stanwood School District, the State Departments of Transportation and Ecology, and other appropriate agencies and jurisdictions.

Upon completion of the review, the planning department shall transmit a report on the annexation to the city council. (Ord. 1071, 1999).

17.158.130 Public hearing and notice.

The planning department shall issue a notice for a public hearing on the annexation before the city council. The notice shall be prepared in accordance with the requirements of RCW 35A.14.130 and 35A.14.340. After notice, the city council shall conduct a public hearing on the proposed annexation considering the report of the planning department, any input from the petitioners, and other public comment at the hearing. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.135 Resolution of intent to annex.

After the public hearing, if the city council determines that it is willing to annex, the council shall pass a resolution of intent to annex to be forwarded to the county boundary review board (BRB). (Ord. 1110 § 3, 2002).

17.158.140 Boundary review board.

After the public hearing, the planning director will forward an annexation packet to the boundary review board unless the annexation is exempt from BRB review by law (Chapter 36.93 RCW). The packet shall contain all information required by the BRB to review the proposed annexation. If the annexation is exempt from BRB review, the city council shall proceed to make a decision on the annexation. On annexations subject to BRB review, the city shall take no further action until the annexation is returned to the city by the BRB for further consideration. (Ord. 1110 § 3, 2002; Ord. 1071, 1999).

17.158.150 Council decision.

After the city council passes a resolution of intent to annex and BRB consideration, the city council shall make a final decision on the annexation. The timing for the decision is within the sole discretion of the city council. The city council reserves the right to reject any annexation until an ordinance is adopted and becomes effective annexing the property into the city. The city shall have the right to modify the annexation in accordance with state law. The city shall also have the right to condition the annexation, as it deems necessary, to protect public health, safety, and welfare, and to serve the best interests of the citizens of Stanwood. The annexation may be conditioned upon a preannexation agreement. The preannexation agreement must be signed by the mayor and approved by the city council. (Ord. 1071, 1999).

17.158.160 Annexation notification.

Upon the adoption by the city council of an ordinance approving an annexation, the planning department shall file a certified copy of the ordinance with Snohomish County. The planning department shall also prepare annexation certificates to be filed with the state of Washington and with other agencies. (Ord. 1071, 1999).