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NOH: ORD 1284, to amend the Lewis County Standards for Critical Areas BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON NOTICE OF A PUBLIC HEARING TO CONSIDER ORDINANCE ) RESOLUTION NO. 18- (Gal 1284,AN ORDINANCE TO AMEND THE LEWIS COUNTY STANDARDS FOR CRITICAL AREAS WHEREAS, Lewis County currently contains two separate Critical Areas Ordinances: LCC 17.35, related to agriculture, and LCC 17.35A, for all other development and these ordinances were last amended in 2000 and 2008 respectively; and WHEREAS, under the Growth Management Act, "Each county and city shall adopt development regulations that protect critical areas..." (RCW 36.70A.060(2)); and WHEREAS,these regulations are required to reviewed periodically (typically over a period from 8 to 10 years) to ensure continued consistency with the Act (RCW 36.70A.130); and WHEREAS,the Lewis County Planning Commission began their review in February 2017, and continued their review over throughout the remainder of 2017, and the start of 2018; and WHEREAS,the Lewis County Planning Commission held a public hearing on the proposed Critical Areas Ordinance on March 27, 2018; and WHEREAS,following the public hearing, the Planning Commission voted unanimously to transmit the changes to the Lewis County Board of County of Commissioners (BOCC); NOW THEREFORE BE IT RESOLVED that a Board of County Commissioners hearing is hereby scheduled for June 11, 2018 to take public testimony or written comment on the adoption of Ordinance 1284, amending the Lewis County standards related to critical areas; 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 for the code change as required by law. I`I PASSED IN REGULAR SESSION THIS � 14.\- DAY OF MAY, 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON / By Ci :°. ► •rosecuting Attorney dna .. Fund, Ch..r� f; r ATTEST: ®0®0®® Robert .Jackson, Chair / ,,14‘s co UNT{,° ® Rieva Lester,Clerk of the Board ®�� r yi� � � ry St. pe�om issioner ® \� T 45 z * ®® Ns stc. .. , .• NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS And INTENT TO ADOPT NOTICE IS HEREBY GIVEN that the LEWIS COUNTY, WASHINGTON, BOARD OF COUNTY COMMISSIONERS will hold a public hearing on June 11, 2018, starting at or after 10:00 AM. The public hearing will consider changes to the Lewis County Critical Areas Ordinance, Ordinance 1284.These changes would simplify and consolidate the review process for critical areas; make minor changes to stream, wetland and geologically hazardous buffers;change the area regulated for certain sensitive areas; remove specific critical area standards for many land use activities; allow additional buffer reduction options for wetlands, and fish and wildlife habitat areas; and improve the mapping of the areas. The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room, 351 NW North Street, Chehalis, WA. At the hearings, individuals will be invited to speak and/or provide written statements regarding the proposed changes. All individuals wishing to speak on the issues are encouraged to attend. Written comments may be submitted in advance of the hearings to the contact below. Fred Evander at 360.740.1389 or fred.evander @lewiscoutywa.gov. Details about the proposals are available online at http://lewiscountywa.gov/community- development. Hard copies are available at the Lewis County Community Development Department at 2025 NE Kresky Ave., Chehalis WA; at the Timberland Regional libraries located in Chehalis, Centralia, Salkum, Randle, Packwood, and Winlock; and at the Lewis County Senior Centers in Morton, Packwood,Toledo,Twin Cities (Chehalis), and Winlock. The meeting site is barrier free. People needing special assistance or accommodations should contact the Community Development Department 72 hours in advance of the meeting. Rieva Lester/Publish in the Chronicle on May 22, 2018 LEWIS COUNTY PLANNING COMMISSION Robert Whannell, Chair LETTER OF TRANSMITTAL To: Lewis County Board of County Commissioners From: Lewis County Planning Commission Date: March 27, 2018 Subject: Transmittal to the BOCC: Findings and Conclusions regarding Revisions to the Lewis County Critical Areas Ordinance Dear Commissioners: The purpose of this report is to transmit draft Lewis County Code revisions to the Critical Areas Ordinance. General findings of fact: 1. Lewis County currently contains two separate Critical Areas related to agriculture, and LCC 17.35A,for all other develops 0A17-4"1-1 were last amended in 2000 and 2008 respectively. 2. Under the Growth Management Act, "Each county and city sh regulations that protect critical areas..." (RCW 36.70A.060(2)). required to reviewed periodically (typically over a period from lu years) to ensure continued consistency with the Act (RCW 36.70A.130). Lewis County's periodic review of the ordinances was due on June 30, 2017. 3. When considering the requirements for critical areas, "counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries." (RCW 36.70A.172) 4. On February 28, 2017, the Lewis County Planning Commission commenced their review of the Critical Areas Ordinance. The Commission continued their review of the document throughout the remainder of 2017 and the beginning of 2018. 5. Over the course of the Planning Commission review, the Lewis County Planning Staff consulted with agencies such as the Washington Department of Natural Resources, Washington Department of Fish and Wildlife, Washington Department of Ecology, and March 27, 2018 Page 1 of 2 LEWIS COUNTY PLANNING COMMISSION Letter of Transmittal-Revisions to the Lewis County Critical Areas Ordinance Washington Department of Health to ensure that Best Available Science was effectively considered in the development of the standards. 6. When the draft standards were substantially complete, the Lewis County Community Development Department sent a notice of the changes to the Washington State Department of Commerce for their 60-day review. One comment, from Zachary Meyer at the Washington State Department of Ecology was received as a result of the review. 7. On March 6, 2018, staff provided notice about a Public Hearing on the proposed code changes in the manner prescribed in LCC 17.12.050. 8. The Lewis County Planning Commission held a public hearing on the proposed Critical Areas Ordinance on March 27, 2017. 9. Following the public hearing, the Planning Commission deliberated the measures and determined that the proposed amendments to the Lewis County Code reflected the needs of area residents, met the intent and requirements of the Growth Management Act, and were in accordance with the public interest. Conclusions Based on the above findings and conclusions, the Lewis County Planning Commission recommends that the Board of County Commissioners pass an ordinance that adopts the proposed changes to the Lewis County Critical Areas Ordinance. Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning Commission, I hereby respectfully submit the document to the Lewis County Board of County Commissioners. Submitted by - Date Robert Whannell, Chair Lewis County Planning Commission March 27, 2018 Page 2 of 2 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: May 14, 2018 Suggested Wording for Agenda Item: Agenda Type: Notice Set a hearing to approve draft Critical Areas Ordinance. . LCE 'C41 Contact Pat Anderson Phone: 3607402677 MAY !y 4 't(11 Department: Community Development ;XUTJ GUUN(ti P ROSit OUTING ATTORN Action Needed: Approve Resolution Description Under the Growth Management Act, Lewis County is required to reevaluate its critical areas standards every eight years to ensure that the requirements meet the most recent best available science. The changes would simplify and consolidate the review process for critical areas; make minor changes to stream,wetland and geologically hazardous buffers; change the area regulated for certain sensitive areas; remove specific critical area standards for many land use activities; allow additional buffer reduction options for wetlands, and fish and wildlife habitat areas; and improve the mapping of the areas. Approvals: User j Group Status Eisenberg, Eric Pending ,,,w 1 Napier, Lee Pending Lester, Rieva Pending Evander, Fred ; Pending Additional Copies Fred Evander, Lee Napier, Pat Anderson, Eric Eisenberg