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NOH: Ordinance 1298 Amending LCC Chapter 17.15- Urban Growth Areas BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER ) RESOLUTION NO 19- 010 ORDINANCE 1298,AN ORDINANCE TO AMEND LEWIS COUNTY ) CODE CHAPTER 17 15—URBAN GROWTH AREAS WHEREAS, under the Growth Management Act, Lewis County is required to "designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature . " (RCW 36 70A.110(1)), and WHEREAS, these urban growth areas are typically placed around an incorporated city/town and are designed to accommodate the growth of the city/town for the following 20 years, and WHEREAS, since at least 2000, the unincorporated Urban Growth Areas in Lewis County have been regulated through a variety of different approaches, and using a variety of different standards, and WHEREAS, this diversity in the approaches for permit review and the standards that apply makes the processing of permits in unincorporated Urban Growth Areas difficult for County and City staff, and WHEREAS, to address the complexities and better streamline permit review in unincorporated Urban Growth Areas, Lewis County staff held a meeting with a number of the smaller incorporated communities in the County to discuss potential changes to Chapter 17 15, and WHEREAS, following the meeting, staff at the Lewis County Community Development Department prepared a draft of the revisions to reflect components of the conversation, and forwarded the document to the individual communities for review No comments were received in response to the draft, and WHEREAS, the Lewis County Planning Commission held a public hearing on Lewis County Code Chapter 17 15— Urban Growth Areas on December 11, 2018; and WHEREAS, following the public hearing, the Planning Commission deliberated and voted unanimously to send the proposal to the Lewis County Board of County Commissioners (BOCC) for their consideration; and WHEREAS, prior to the adoption of the proposed changes to Lewis County Code Chapter 17 15, the BOCC is required to hold a public hearing, NOW THEREFORE BE IT RESOLVED that the Lewis County BOCC will hold a public hearing on February 4, 2019 to take public testimony and/or written comment on the adoption of Ordinance 1298, amending Lewis County Code (LCC) Chapter 17 15— Urban Growth 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 DAY OFcJM Ut , 2019. v APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney WIS COUNTY, WA INGTON By Civil Deputy Prosecuting Attorney 'obert C Jackson, Chair ATTEST. Gary Stamper, Vice Chair Rieva Lester, Clerk of the Board Edna J Fund, Co f issioner ,••••. •441IsCOUN2k N . •k �O�D O 9tr�� • O/ \ • `ri• b SINCE \ • ` 1845 .c7 z°• 6,k C-..0AftviLS,31 le•:PDNS 1st CP.•'• LEWIS COUNTY PLANNING COMMISSION Robert Whannell,Chairman LETTER OF TRANSMITTAL To Lewis County Board of County Commissioners From Lewis County Planning Commission Date. December 11, 2018 Subject. Transmittal to the BOCC Draft Revisions to the Standards for Unincorporated Urban Growth Areas (from Lewis County Code (LCC) Chapter 17 15) Dear Commissioners. The purpose of this report is to transmit draft revisions to Lewis County Code Chapter 17 15— Urban Growth Areas—to the Lewis County Board of County Commissioners General findings of fact. 1 Under the Growth Management Act, Lewis County is required to "designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature " (RCW 36 70A 110(1)) These urban growth areas are typically placed around an incorporated city/town and are designed to accommodate the growth of the unincorporated city/town for the following 20 years. 2 Counties throughout the state have chosen a variety of methods to regulate and manage the unincorporated Urban Growth Areas of cities/towns Approaches include • The use of County regulations in the area • The County adoption of City standards within the areas • City management of the Urban Growth Areas through Interlocal Agreements 3 Since at least 2000, the unincorporated Urban Growth Areas in Lewis County have been regulated through a variety of different approaches, and using a variety of different standards 4 This diversity in permit review approaches and the standards that apply makes processing of permits in unincorporated Urban Growth Areas difficult for County and City staff The process requires the County to determine what standards apply (City or County) and tends to place the burden permit review on City staff, who often do not have training to deal with the complexities inherent in land use law, but are relied on to tell the County if a proposal is consistent with City standards complexities inherent in land use law, but are relied on to tell the County if a proposal is consistent with City standards 5 To address the complexities and better streamline permit review in unincorporated Urban Growth Areas, Lewis County staff held a meeting with a number of the smaller communities in the County At the meeting, the County and the communities developed an approach to better clarify the responsible parties for permit review in the unincorporated Urban Growth Areas 6 Staff at the Lewis County Community Development Department prepared a draft to reflect components of the conversation and forwarded the document to the individual communities for review on August 8, 2018 No comments were received in response to the request for feedback 7 The proposed changes were considered by the Planning Commission at workshops on September 11, September 25, October 23, and November 13, 2018 8 Staff forwarded the changes to the Washington State Department of Commerce for their 60-day review on October 17, 2018 6 Staff additionally provided notice of a Public Hearing on the proposed changes in the manner prescribed in LCC 17 12 050 on November 20, 2018 7 A public hearing was held by the Lewis County Planning Commission on Lewis County Code Chapter 17 15— Urban Growth Areas on December 11, 2018 8 Following the public hearing,the Planning Commission deliberated the measures and determined that the proposed amendments 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 to adopt the proposed changes to Lewis County Code Chapter 17 15 — Urban Growth Areas 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 �" 1`cv� Date (Z. - I I 2.b 18 Robert Whannell, Chair Lewis County Planning Commission December 11, 2018 l Page 2 of 2 NOTICE OF PUBLIC HEARINGS 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 two public hearings on February 4, 2019, starting at or after 1000 a m The first public hearing will consider Ordinance 1298, amendments to LCC 17 15, changes to the management of Urban Growth Areas (UGAs)for cities and towns in Lewis County These changes are intended to clarify how development is reviewed in the unincorporated UGAs of cities/towns The second public hearing will consider Ordinance 1299,the repeal of LCC 17 35, the historic Critical Areas Ordinance This ordinance was previously used for the review of agricultural uses, and has been rendered useless by the adoption of the Lewis County Voluntary Stewardship Program These public hearings will occur at the Lewis County Courthouse, Commissioners' Hearing Room, at 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 are encouraged to attend Written comments may be submitted in advance of the hearing to fred.evander@lewiscountywa.gov Details about the proposal are available at https.//lewiscountywa.gov/communitydevelopment 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 Commissioners' office 72 hours in advance of the meeting Rieva Lester/Publish in the Chronicle on January 15, 2019 711'2 —Y h I u 'ens k-a 1 ��� i u 1.. Sm �i 4 F y� n. � . mA Resolution BOCC Meeting Date. Jan 14, 2019 Suggested Wording for Agenda Item Agenda Type. Notice Resolution to set a public hearing on Ordinance 1298 to consider changes to the management of Urban Growth Areas for cities and towns in Lewis County, LCC 17 15 Contact Lee Napier Phone 3607402606 Department Community Development Action Needed Approve Ordinance (traffic or other) Description The regulation of Urban Growth Areas (UGAs) in Lewis County is complex The relevant jurisdiction that administers the regulations for the areas, and the regulations that apply, are different for each community Following a conversation between the County and a number of the smaller cities m late July, the County suggested the followmg proposal to simplify the system Under the proposal, cities could have one of three options for how to manage their Urban Growth Areas Option 1 —The County would administer the UGA and the County regulations would apply This approach would be similar to the process that currently occurs in Toledo and Vader Option 2—The County would administer the UGA, with City assistance on certain items This approach would make all County regulations, except the County zoning requirements, applicable in a UGA In a UGA, City zoning standards would apply Option 3 —A City would administer their UGA in accordance with an mterlocal agreement and the regulations specified within the agreement The City would process any permits, though certam County requirements such as floodplain regulations, septic and private well standards, stormwater and road access would continue to apply Under the option, the approach would continue the process that currently occurs in Centralia, Chehalis and Wmlock Approvals: User Group Status Eisenberg, Eric Pendmg Gatten, Cullen Pending Napier, Lee Pendmg Evander, Fred Pending Lester, Rieva Pending Additional Copies Lee Napier Eric Eisenberg, Cullen Gatten,Fred Evander,Pat Anderson