The city may enter into a concomitant or development agreement with the applicant as a condition of the reclassification, and may through that agreement impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. A development agreement shall be consistent with applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. A public hearing shall be required for both the reclassification of land and the development agreement (RCW 36.70B.180, 36.70B.190 and 36.70B.200).

The planning commission and the city council may consider amendments to the Comprehensive Plan as a result of an emergency situation. Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation, or address the absence of adequate and available public facilities or services, decisions by the Central Puget Sound Growth Management Hearings Board or the state or federal courts, or actions of a state agency or office or the State Legislature, affecting Stanwood will be reviewed by the planning commission with advice from the planning director and city attorney to determine if an appropriate “emergency” exists, necessitating an emergency Comprehensive Plan amendment. Capital projects which are fully funded by noncity revenue (i.e., an outside grant) are not considered emergencies and, therefore, amendment of the Comprehensive Plan is not necessary; however, such projects shall be added to the capital facilities program if required during the next annual amendment.

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).

Any provision of this code, as well as the boundaries of the various zoning districts established herein, may be amended by the Stanwood city council, after due public notice and hearing, where interested parties and citizens shall have an opportunity to be heard, subject to the provisions of this chapter. (Ord. 1316 § 8, 2012; Ord. 1110 § 3, 2002; Ord. 1024, 1998; Ord. 929 Ch. 11(A), 1995).

Amendments to this code, including the zoning maps, may be initiated by any of the following methods:

Whenever council, after hearing all the evidence presented upon any application under the provisions of this code, denies the same, further hearings shall not be held on a renewal application for the same matter by the same applicant or applicants, their successors or assigns, for a period of one year from and after denial thereof, except and unless they shall find and determine from the information supplied by a request for a rehearing, that changed conditions have occurred relating to the application and that a reconsideration is justified. If the rehearing is denied, the application shall not be reopened for at least one year from the date of the original action. (Ord. 1024, 1998; Ord. 929 Ch. 11(D), 1995).

This chapter establishes the procedure and criteria that the city will use in making a decision upon an application for a reclassification of property from one land use zone to another land use zone or for any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a reclassification. (Ord. 1316 § 10, 2012; Ord. 1110 § 3, 2002; Ord. 1024, 1998).

A reclassification of property is a mechanism by which the land use zone classification, conditions, or concomitant agreement applicable to property can be changed to reflect such things as changed circumstances, new land use needs or new land use policies. (Ord. 1024, 1998).

A reclassification of property shall be consistent with the future land use map (FLUM) adopted as part of the land use element of the Comprehensive Plan. In cases where a proposed amendment requires a change in the FLUM, a concomitant amendment to the Comprehensive Plan shall be required. Such an amendment shall be processed consistent with Chapter 17.157 SMC, Comprehensive Plan. (Ord. 1316 § 11, 2012).

Following approval of a reclassification of property, the city shall amend the zoning map of the city to reflect the change in land use zone. The city shall also indicate on the zoning map the number of the ordinance adopting the change. (Ord. 1024, 1998).

The city may enter into a concomitant or development agreement with the applicant as a condition of the reclassification, and may through that agreement impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. A development agreement shall be consistent with applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. A public hearing shall be required for both the reclassification of land and the development agreement (RCW 36.70B.180, 36.70B.190 and 36.70B.200). (Ord. 1024, 1998).

The city may, in the ordinance approving the reclassification, establish a reasonable time within which development of the subject property must begin. If the city has established such a time limitation, the reclassification may be revoked upon application of the city for reclassification if the applicant has not applied for a building permit or other necessary development permit and completed substantial construction by the specified date. (Ord. 1024, 1998).

From time to time, but at least consistent with RCW 36.70A.130, the city council shall update the zoning map and zoning code of the city. (Ord. 1316 § 13, 2012; Ord. 1024, 1998).

In order to effect the purpose of SMC 17.155.130, the planning commission shall, from time to time, hold a public hearing to receive any comments or objections to the zoning map as then existing. At least 10 days, but no more than 30 days prior to the hearing, notice of the hearing and its purpose shall be given by publication in the official newspaper of the city on one day in each of two successive weeks. The notice shall specify that any objections to the zoning map as then constituted, which are based on discrepancies between the map and any zoning map ordinance passed by the council or with the Comprehensive Plan, must be made at such hearing or the zones as shown on the current zoning map will become the zones for the city notwithstanding any prior action of the council or any other provisions of the Stanwood Municipal Code. The planning commission shall recommend any amendments to the city council for adoption. (Ord. 1084 § 3, 2000; Ord. 1024, 1998).

If the council determines to adopt an amendment or reclassification, it shall do so by ordinance. This ordinance shall clarify any previous ordinances that would be repealed or modified. The amendment or reclassification ordinance shall also direct the planning director to make the necessary changes to the official zoning map of the city. (Ord. 1024, 1998).

All land use decisions covered under this chapter may be appealed by the process provided for in Chapter 18.240 SMC. (Ord. 1024, 1998).

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. (Ord. 1024, 1998).

The Comprehensive Plan and its elements shall be adopted and amended by ordinance of the city council after a public hearing by the planning commission. The city shall carry out its programs, perform its activities, and make capital budget decisions in conformance with the Comprehensive Plan, including matters affecting land use and development regulations. The procedures identified in this chapter shall be followed to amend the city’s Comprehensive Plan and the Comprehensive Plan’s future land use map. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

All amendments to the Comprehensive Plan shall be considered concurrently and no more than once each year except in the event of an emergency as outlined in SMC 17.157.130. The proposed plan amendments shall be considered concurrently by the planning commission so that their cumulative effects can be ascertained. The city council shall consider proposed amendments in September of each year. A proposed plan amendment may include new plan elements, or a change to plan elements, goals and policies, the future land use map, other components of the plan or program elements, or the results from annexation actions. All amendments to the Comprehensive Plan will be required to meet the requirements for SEPA review (Chapter 17.149 SMC). (Ord. 1249 § 8, 2009; Ord. 1110 § 3, 2002; Ord. 1025, 1998).

A proposed amendment to the Comprehensive Plan may be submitted by any private individual, organization, corporation, partnership, or entity of any kind including the mayor, any member(s) of the Stanwood city council or the planning commission, planning director, or any other general or special purpose government or group. (Ord. 1110 § 3, 2002; Ord. 1025, 1998).

The planning department shall docket all amendment requests upon receipt to ensure that all requests receive due consideration and are available for review by the public. The planning department will provide an assessment and recommendation on all proposed amendments to be included in the annual docket work program (SMC 17.157.070) and shall forward proposed work program requests with recommendations to the planning commission for briefing and to the city council for decision. This assessment shall include, but not be limited to, the criteria contained in SMC 17.157.080. The city council will review this assessment and decide which amendment request(s) will be considered.

Criteria for prioritizing plan amendment requests will include:

Applications shall be made on forms prescribed by the planning department, and shall include, at a minimum:

The planning department will evaluate the amendment request, collect necessary data, and conduct the appropriate analysis and environmental assessment. The department will solicit comments from the general public, organizations, agencies, other governmental departments and adjacent jurisdictions. The department will then report and make recommendations as appropriate. The department will present the proposed amendments to the planning commission. The planning commission shall conduct a public hearing and make recommendations to the city council concerning proposed amendments. (Ord. 1249 § 11, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

The city may approve, or approve with modifications or conditions, an application for a Comprehensive Plan amendment if:

Following any approval of an amendment of the comprehensive land use map, the city shall amend the map to reflect the change in Comprehensive Plan designation. (Ord. 1025, 1998).

The city may enter into a concomitant or development agreement with the applicant as a condition of amending the generalized comprehensive land use map and reclassification, and may through that agreement impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. A development agreement shall be consistent with applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. A public hearing shall be required for both the reclassification of land and the development agreement (RCW 36.70B.180, 36.70B.190 and 36.70B.200). (Ord. 1025, 1998).

If the council determines to adopt an amendment or reclassification, it shall do so by ordinance. This ordinance shall clarify any previous ordinances that would be repealed or modified. The amendment or reclassification ordinance shall also direct the planning director to make the necessary changes to the official comprehensive land use map and zoning map of the city. (Ord. 1025, 1998).

The planning commission will monitor the Comprehensive Plan and development regulations that implement the plan and assess the need for the plan and regulatory amendments at least every five years or as required by the Growth Management Act. The commission will prepare and recommend amendments as needed for adoption. This assessment shall consider, but is not limited to, whether:

The planning commission and the city council may consider amendments to the Comprehensive Plan as a result of an emergency situation. Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation, or address the absence of adequate and available public facilities or services, decisions by the Central Puget Sound Growth Management Hearings Board or the state or federal courts, or actions of a state agency or office or the State Legislature, affecting Stanwood will be reviewed by the planning commission with advice from the planning director and city attorney to determine if an appropriate “emergency” exists, necessitating an emergency Comprehensive Plan amendment. Capital projects which are fully funded by noncity revenue (i.e., an outside grant) are not considered emergencies and, therefore, amendment of the Comprehensive Plan is not necessary; however, such projects shall be added to the capital facilities program if required during the next annual amendment. (Ord. 1025, 1998).

A site-specific rezone is a site-specific change in the zoning classification of a property or properties. A site-specific rezone process shall not be used to amend a Comprehensive Plan designation, therefore a site-specific rezone application must be consistent with the Comprehensive Plan designation. If a rezone application is not consistent with the Comprehensive Plan designation, an amendment to the Comprehensive Plan may be submitted for concurrent review.

The process for review by the planning commission and the city council shall be the same as provided for in SMC 17.155.030. If the city receives a concurrent application for a site-specific rezone and an amendment to the Comprehensive Plan, then the city will review the application to first determine whether the proposed Comprehensive Plan amendment satisfies the necessary criteria; if it does not, the site-specific rezone will not be considered. (Ord. 1499 § 11 (Exh. I), 2021; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

All land use decisions covered under this chapter may be appealed by the process provided for in Chapter 18.240 SMC. (Ord. 1084 § 3, 2000; Ord. 1025, 1998).

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. (Ord. 1025, 1998).

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

The area within Stanwood’s designated urban growth area is subject to this chapter. (Ord. 1499 § 12 (Exh. J), 2021).

Uniform criteria shall be used in evaluating annexations.

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

Prior to submitting a notice of intent to annex petition and related documents, the applicant will meet with the community development director and other departmental staff at an informal meeting to discuss the annexation process and any issues that may affect the proposed annexation request. (Ord. 1499 § 12 (Exh. J), 2021; Ord. 1316 § 14, 2012; Ord. 1110 § 3, 2002; Ord. 1071, 1999. Formerly 17.158.050).

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. 1499 § 12 (Exh. J), 2021; Ord. 1071, 1999. Formerly 17.158.060).

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

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. 1499 § 12 (Exh. J), 2021; Ord. 1110 § 3, 2002; Ord. 1071, 1999. Formerly 17.158.080).

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. (Ord. 1499 § 12 (Exh. J), 2021; Ord. 1071, 1999. Formerly 17.158.090).

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

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. 1499 § 12 (Exh. J), 2021; Ord. 1071, 1999. Formerly 17.158.110).

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:

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. 1499 § 12 (Exh. J), 2021; Ord. 1110 § 3, 2002; Ord. 1071, 1999. Formerly 17.158.130).

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. 1499 § 12 (Exh. J), 2021; Ord. 1110 § 3, 2002. Formerly 17.158.135).

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. 1499 § 12 (Exh. J), 2021; Ord. 1110 § 3, 2002; Ord. 1071, 1999. Formerly 17.158.140).

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. 1499 § 12 (Exh. J), 2021; Ord. 1071, 1999. Formerly 17.158.150).

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. 1499 § 12 (Exh. J), 2021; Ord. 1071, 1999. Formerly 17.158.160).