Notice of Hearing to consider renewing the marijuana moratorium BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
NOTICE OF PUBLIC HEARING AND PROPOSED ACTION TO ) RESOLUTION NO. 16- 132-
RENEW A MORATORIUM UPON ESTABLISHMENT OR OTHER
DEVELOPMENT OF FACILITIES OR OTHER USES INVOLVED
IN THE PRODUCTION, PROCESSING AND RETAIL
SALE OF MARIJUANA AND RELATED PRODUCTS
WHEREAS, Ordinance 1264, an ordinance renewing a moratorium upon establishments
or other development of facilities or other uses involved in the production, process and retail
sale of marijuana and related product, will expire on May 30, 2016, six-months following
enactment, unless extended by the Lewis County Board of County Commissioners (BOCC); and
WHEREAS, notice is hereby given that a public hearing and public notice, which are required by
law, will be held by the BOCC in the hearing room at 351 NW North Street, Chehalis, Washington on May
23, 2016 at or after 10:00 am.
NOW THEREFORE BE IT RESOLVED,the purpose of the public hearing is to take public testimony
or written comment concerning an ordinance renewing a moratorium upon establishment or other
development of facilities or other uses involved in the production, processing, and retail sale of
marijuana and related production; and
BE IT FURTHER RESOLVED that the Clerk of the BOCC is hereby instructed to proceed with all
appropriate and necessary notifications, posting and publication as required by law; and
BE IT FURTHER RESOLVED,that a hearing is hereby scheduled for May 23, 2016 to take public
testimony or written comment on the adoption of an ordinance renewing the moratorium upon
establishment or other development of facilities or other uses involved in the production, processing,
and retail sale of marijuana and related production with final BOCC action to take place following the
public hearing.
PASSED IN REGULAR SESSION by the BOCC, this 9j. day of May, 2016.
APPROVED AS TO FORM: BOARD OF COUNTY CO■ ISSI'i 'S
Jonathan Meyer, Prosecuting Attorney LEWIS CO I r , WAS I GTO.1
By: Deputy Prosecuting Attorney .(f54. �� As,11`, . hu e, air viihn
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ATTE �i Garry Stamper,Vice Chair
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Karri Muir, CMC, C erk of the e Board
r Edna J. Fund, Commi•ner
NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND
INTENT TO RENEW MORATORIUM
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
(BOCC) will hold a public hearing to receive public testimony to renew a moratorium. The
hearing will be on May 23, 2016 at the Lewis County Courthouse, commencing at or after 10:00
a.m.
At the hearing members of the public will be invited to speak and/or provide written
statements regarding the proposed Ordinance 1268. After the public testimony portion of the
hearing has ended, the BOCC will deliberate and consider modifications to the ordinance that
are proposed by members of the public, county employees or the BOCC. The proposed
ordinance may then be adopted with or without modifications.
The hearing will address renewal of a moratorium upon establishments involved in the
production, processing and retail sale of marijuana and related products. The moratoria
adopted pursuant to the authority of RCW 36.70A.390 are methods by which local governments
may preserve the status quo so that new plans and regulations will not be rendered moot by
intervening development. The County staff will need an additional six-month period to further
develop recommendations in the form of draft code amendments for the BOCC to consider.
All persons wishing to be heard on this matter are encouraged to attend. Written comments
may be submitted in advance of the hearing by mail or at the hearing by delivery in person.
Please deliver copies of all written comments to the Clerk of the Lewis County BOCC at 351 NW
North St, Chehalis, WA 98532.
The draft ordinance is available on line at the Lewis County website at
http://lewiscountywa.gov/planning-division. Hard copies are available to review at the Lewis
County Department of Community Development at 2025 NE Kresky Ave., Chehalis WA, and at
the Timberland Regional libraries located at: Chehalis, Centralia, Salkum, Randle, Packwood,
and Winlock, as well as the Lewis County Senior Centers located at: Morton, Toledo, Twin Cities
(Chehalis), Packwood, and Winlock in accordance with Lewis County Code Chapter 17.12.
For questions concerning the above, please contact:
Lee Napier at Lewis County Community Development at 360-740-2606.
This meeting site is barrier free.
People needing special assistance or accommodations should contact The Commissioners'Office
72 hours in advance of the meeting.
Phone:(360) 740-1120
PUBLISH: On or before May 4, 2016 in the East County Journal
/Karri Muir
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY,WASHINGTON ) ;
RENEWING A MORATORIUM UPON ESTABLISHMENT OR ) ORDINANCE NO. 1268
OTHER DEVELOPMENT OF FACILITIES OR OTHER USES
INVOLVED IN THE PRODUCTION, PROCESSING AND )
RETAIL SALE OF MARIJUANA AND RELATED PRODUCTS )
WHEREAS, Lewis County Board of County Commissioner (BOCC) adopted Ordinance No.
1249 on December 9, 2013, imposing a moratorium on the establishment or other development
of facilities or other uses involved in the production, processing and retail sale of marijuana and
related products; and
WHEREAS, BOCC adopted Ordinance No. 1254 on June 2, 2014, a renewal of the
moratorium on the establishment or other development of facilities or other uses involved in the
production, processing and retail sale of marijuana and related products; and
WHEREAS, BOCC adopted Ordinance No. 1256 on December 1, 2014, a renewal of the
moratorium on the establishment or other development of facilities or other uses involved in the
production, processing and retail sale of marijuana and related products; and
WHEREAS, BOCC adopted Ordinance No. 1263 on June 1, 2015, a renewal of the
moratorium on the establishment or other development of facilities or other uses involved in the
production, processing and retail sale of marijuana and related products; and
WHEREAS, BOCC adopted Ordinance No. 1264 on November 30, 2015, a renewal of the
moratorium on the establishment or other development of facilities or other uses involved in the
production, processing and retail sale of marijuana and related products; and
WHEREAS, Ordinance 1264 will expire on May 30, 2016, six-months following enactment,
unless extended; and
WHEREAS, moratoria adopted pursuant to the authority of RCW 36.70.795 are methods
by which local governments may preserve the status quo so that new plans and regulations will
not be rendered moot by intervening development; and
WHEREAS, Lewis County staff conducted appropriate land use analysis and presented
draft land use regulations governing the production, processing and retail sale of marijuana and
related products to the Lewis County Planning Commission (Planning Commission) at workshops
on July 8, 2014, July 29, 2014, September 23, 2014, October 28, 2014, November 25, 2014,
December 9, 2014, January 27, 2015 and February 10, 2015, during which meetings additions,
deletions and other changes were made to the proposed land use regulations; and,
PAGE 1 of 3
Ordinance 1268
WHEREAS, the Planning Commission held a public hearing on January 13, 2015 and
received testimony regarding the proposed land use regulations from Lewis County staff and the
public; and
WHEREAS,the Planning Commission issued its recommendation that the Board of County
Commissioners consider the proposed land use regulations attached hereto as Exhibit 4, but with
the reservation and recommendation that additional work be undertaken and other changes be
made to Lewis County Code to regulate certain impacts of the production, processing and retail
sale of marijuana and related products on the environment, adjacent land uses, public health and
public safety, particularly related to solid waste and wastewater produced by these uses and their
potential impact on the environment, including groundwater and surface water sources; and
WHEREAS, Lewis County staff from several different disciplines and offices are working
steadily on a proposal for the necessary revisions to the waste,wastewater, building&fire, public
water, and septic code called for in the Planning Commission's recommendation,
WHEREAS, to complete the tasks recommended by the Planning Commission, the Lewis
County staff will need an additional six-month period to assess the impacts identified by the
Planning Commission and to develop recommendations addressing those impacts, in the form
of further draft code amendments, which the BOCC will consider during a public hearing
addressing both those draft code amendments and the proposed land use regulations for
marijuana production, processing and retail sale of marijuana and related products in Lewis
County, such issue having been noted at the time of imposing the initial moratorium; and
WHEREAS,this renewal of the moratorium is authorized by RCW 36.70.795 and Article 1,
Section 2, and Article 11, Section 11 of the Washington State Constitution.
NOW THEREFORE BE IT ORDAINED by the BOCC that BOCC hereby declares the following:
Section 1. Moratorium. The BOCC hereby declares a renewal of the moratorium upon:
1. The submission, acceptance, processing or approval of any permit applications or licenses
by or for any development or establishment of facilities or other uses involved in the sale,
use, growing, manufacture or processing of marijuana, including but not limited to
performance spaces, private clubs, open-to-the public night clubs/cabarets/ taverns or
similar establishments.
2. The creation by an owner or operator of any land or building of any new use of such land
or buildings for the sale/use/growing, distribution, manufacturing, or processing of
marijuana and related products.
Section 2. Duration of Moratorium. The moratorium adopted by this Ordinance is effective
immediately upon adoption and shall remain in effect for six (6) months, unless subsequently
extended by the Board pursuant to state law.
PAGE 2 of 3
Ordinance 1268
Section 3. Public Hearing. Pursuant to RCW 36.70.795, a public hearing was held on May 23,
2016.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this Ordinance is hereby ratified and affirmed.
Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If
any provision of this Ordinance or its application to any person or circumstances is held invalid,
the remainder of this Ordinance or application of the provision to other persons or circumstances
shall be unaffected.
Section 6. Findings. The Lewis County Board of Commissioners hereby adopts the above recitals
as findings of fact in support of this Ordinance.
PASSED IN REGULAR SESSION by the Board of County Commissioners after a public hearing was
held May 23, 2016 pursuant to Notice published in the East County Journal on May 4, 2016.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonath Prosecuting Attorney LEWIS COUNTY,WASHINGTON
By: Deputy Prosecuting Attorney P.W. Schulte, Chair
ATTEST: Gary Stamper,Vice Chair
Karri Muir, CMC, Clerk of the Board Edna J. Fund, Commissioner
PAGE 3 of 3
Ordinance 1268
.BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: May-09;2016
Suggested Wording for Agenda Item: Agenda Type: Notice
Set a hearing date to consider renewing the moratorium upon the establishment of facilities and development
involved in the production,processing and retail sale of marijuana and related products.
Contact Lee Napier Phone: 360-740-2606
Department: Community Development
Action Needed: Approve Resolution
Description
The Board of County Commissioners (BOCC) set a hearing date(May 23, 2016)to consider renewing the
moratorium upon establishments or other development of facilities or development involved in the production,
processing and retail sale of marijuana and related products.
The moratoria is adopted pursuant to the authority of RCW 36.70A.390. This is the method by which local
governments may preserve the status quo, so that new plans and regulations will not be rendered moot by
intervening development.
The County staff continues to develop recommendations in the form of draft code amendments for the BOCC to
consider.
Approvals:
User--- --_----I Group Status
Eisenberg, Eric ; Pending
Napier, Lee Pending
Evander, Fred I Pending
Muir, Karri ! Pending
Anderson, Pat Pending
Additional Copies
Pat Anderson
Lee Napier
Fred Evander