NOH: Proposed action to renew moratorium upon certain permits, rural and resource lands BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-007
NOTICE OF A PUBLIC HEARING AND PROPOSED
ACTION TO RENEW A MORATORIUM UPON CERTAIN
PERMITS WITHIN THE RURAL AND RESOURCE LANDS
OF LEWIS COUNTY AND DIRECTING THE SETTING OF
A PUBLIC HEARING.
WHEREAS, notice is hereby given that a public hearing will be held by the Lewis
County Board of County Commissioners (BOCC) in the hearing room at 351 NW North
Street, Chehalis, Washington on February 3, 2020 at or after 10:00 a.m.; and
WHEREAS, public notice of said hearing is required by law; and
WHEREAS, on said date, the BOCC will take public testimony or written comment on
Ordinance No. 1314, concerning the renewal of a moratorium upon certain permits
within Lewis County related to extraction of water for sale and/or standalone food and
beverage manufacturing.
NOW THEREFORE BE IT RESOLVED that the purpose of the public hearing is to take
public testimony or written comment concerning Ordinance No 1314; and
NOW THEREFORE BE IT FURTHER RESOLVED that a hearing is hereby scheduled for
February 3, 2020 to take public testimony or written comment concerning the
moratorium herein described, with final BOCC action to take place following the public
hearing; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Board is hereby
instructed to proceed with all appropriate and necessary notification, posting and
publication as required by law.
DONE IN OPEN SESSION this 13th day of January, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Eric Eisenberg Gary Stamper
By: Eric Eisenberg, Gary Stamper, Chair
Chief Civil Deputy Prosecuting Attorney
l NT1'
ATTEST: •�RDOF'sy,"v-• Edna J J . Fund
,•Fdna J. Fund, Vice Chair
‘$45•
Rieva Lester •'•"r�; CO•-=:r; Robert C . Jackson
Rieva Lester, Robert C.Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
I
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 a public hearing on February 3, 2020 starting at or after 10:00 a.m.
The public hearing will consider Ordinance 1314, an ordinance renewing a moratorium upon certain
permits within the rural and resource lands of Lewis County related to extraction of water for sale
and/or standalone food and beverage manufacturing.
The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room,at 351
NW North Street, Chehalis,WA.At the hearing, 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:
lee.napier@lewiscountywa.gov.
Details about the proposal are available at https://lewiscountywa.gov/communitvdevelopment.
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 and East County Journal on January 14, 2020 and January 15,
2020
ORDINANCE 1314
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY, WASHINGTON RENEWING ) ORD 1314
A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL )
AND RESOURCE LANDS OF LEWIS COUNTY AND DIRECTING )
THE SETTING OF A PUBLIC HEARING )
WHEREAS, in 2002 Lewis County permitted resource uses, including mineral and agricultural resource
uses,to occur on rural lands(Ordinance 1179 Ex. C p.46);and
WHEREAS,such uses as well as isolated small businesses were sometimes subject to restrictions such as
special use permitting(Ordinance 1179 Ex. C p.42, 46); and
WHEREAS,from time to time since 2002,through a public participation process, Lewis County has
amended rural zoning; and
WHEREAS, in September 2018,through a public participation process, Lewis County amended rural
zoning to list "Standalone food or beverage manufacturing" via a special use permit amongst the
permissible rural land uses (Ordinance 1292 p. 9); and
WHEREAS, this use is broad enough to include breweries, vineyards,and other agritourism ventures in
which the food or beverage is manufactured using material not farmed on-site (Ordinance 1292 p. 2-3);
and
WHEREAS,this use is also broad enough to include other food and beverage manufacturing not limited
in size or limited in scope to agriculture; and
WHEREAS, the Lewis County Water Alliance (LCWA), a citizens' group, objects to this provision as
potentially permitting large-scale water bottling plants in rural areas, and notes that its application for
that purpose outstrips its originally intended scope; and
WHEREAS,the LCWA seeks revision of the Lewis County Code's treatment or rural and resources uses
related to water extraction and food and beverage manufacturing, claiming that the current code is
inconsistent with the Growth Management Act,state water law, and the Lewis County Comprehensive
Plan; and
WHEREAS,while Lewis County may not agree with LCWA's legal positions, it wishes to study the issue
for purposes of safeguarding rural character and protecting natural resources consistent with the
Growth Management Act; and
WHEREAS,to preserve the status quo and allow for responsible study of the issue via a public process,
Lewis County enacted Ordinance 1306, renewing a moratorium as authorized by RCW 36.70A.390 and
Article 11,Section 11 of the Washington State Constitution; and
Ordinance 1314- Page 1
WHEREAS, Ordinance 1306 will expire six months following enactment, unless extended; and
WHEREAS, the County predicts the need for an additional six-month period to continue the study of the
issue;
NOW THEREFORE BE ORDAINED by the Lewis County Board of County Commissioners as follows:
Section 1. Moratorium
a. The Lewis County Board of County Commissioners hereby imposes a moratorium upon the
submission, acceptance, processing,or approval of any land-use or building permit application(s)
concerning:
i. All uses on agricultural,forest, and mineral resource lands and/or rural lands that intend to
aid the extraction of water for sale as a principal goal; and/or
ii. Facilities for standalone food or beverage manufacturing, as defined in Lewis County Code
17.10.190, that propose to use water in excess of the permit-exempt limits of RCW 90.44.050.
b. The moratorium in section (a)(i), above, does not apply to uses that intend to aid the extraction
of water for other purposes,such as (but not limited to)to obtain rock or other minerals that
may be filtered from the water and then used or sold.
c. The moratorium in section (a)(i),above, does not apply to uses that merely study the extraction
of water for sale, so long as the land-use or building permit application does not authorize a use
aiding the actual extraction of water for sale.
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
or rescinded by the Board pursuant to state law.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390,a public hearing will be held on February 3,
2020.
Section 4. Ratification. Any act consistent with the authority 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.
Ordinance 1314- Page 2
PASSED IN REGULAR SESSION THIS DAY OF , 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Deputy Pros. Attorney Gary Stamper, Chair
ATTEST: Edna J. Fund. Vice Chair
Rieva Lester, Clerk of the Board Robert C. Jackson, Commissioner
Ordinance 1314- Page 3
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 13, 2020
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of a public hearing and proposed action to renew a moratorium upon certain permits within
the rural and resource lands of Lewis County and directing the setting of a public hearing.
Contact: Pat Anderson Phone: 3607402677 RECEIVED
Department: CD - Community Development JAN .1 02020
LEvviS COUNTY
Description: PROSECUTTNO ATTORVEI
Set a public hearing for Ordinance 1314, an ordinance of Lewis County, Washington renewing a
moratorium upon certain permits within the rural and resource lands of Lewis County, and directing
the setting of a public hearing.
Approvals: Publication Requirements:
Publications:
User Status Chronicle, East County Journal
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Eric Eisenberg, Pat Anderson,
Brianna Teitzel, Preston Pinkston
113240 Ordinance 1314
NOTICE OF PUBLIC
HEARINGS BEFORE
THE LEWIS COUNTY
BOARD OF COUNTY
COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIV-
EN that the LEWIS
COUNTY, WASHINGTON,
BOARD OF COUNTY
AFFIDAVIT COMMISSIONERS will
hold a public hearing on
OF PUBLICATION February 3, 2020 starting
at or after 1000 am.
STATE OF WASHINGTON The public hearing will
consider Ordinance 1314,
COUNTY OF LEWIS an ordinance renewing a
moratorium upon certain
permits within the rural and
resource lands of Lewis
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, County related to extrac-
and/or Cindy Thayer says that she is the legal clerk of tion of water for sale and/or
standalone food and bev-
Vibe r erage manufacturing
Qtroi'ttttr The t public hCaung will be
/ at the Lewis County Court-
house, Commissioners'
a semi-weekly newspaper,which has been established,published Hearing Room, at 351 NW
in the English language,and circulated continuously as a North Street, Chehalis,
WA At the hearing individ-
semi-weekly newspaper in the City of Centralia,and in Lewis uals will be invited to speak
County,Washington,general circulation in Lewis County for and/or provide written
more than six(6)months prior to the date of the first publication statements regarding the
of the notice hereto attached,and that the said Chronicle was on proposed changes All indi
the 7th day of July 1941,approved as a legal newspaper by the a wishing to speak
arre e e en ncouuragrag ed to attend
Superior Court of said Lewis County And that the attached is a Written comments may be
true copy and was published in regular issues(and not in submitted in advance of
supplement form)of said newspaper as LEGAL#113240 the hearing to.
RE•Ordinance 314 l e e . n a p i e r
@ lewiscountywa.gov
once each for a period of 1 IlL i_. Details about the proposal
are available at h.t.tiadlleW1
commencing on 01/14/2020 and ending on 01/1•/2020 development commu copies
g g development Hard copies
are available at the Lewis
and both regularly distributed to its subscribers during all of said County Community Devel-
period.That the full amount of the fee charged for the foregoing opment Department at
•• cation is the sum of$ 2.11 2025 NE Kresky Ave,
Chehalis WA, at the Tim-
��.� e ... berland Regional libraries
_ _ � A located in Chehalis, Cen-
..scribed and 71 to before m- ! 1• 2020 tralia, Salkum, Randle,
Packwood, and Winlock,
,� and at the Lewis County
ice- A Senior Centers in Morton,
�� �i Packwood, Toledo, Twin
Notary P •lic in and for the State �' ]fin (i�R iii Cities (Chehalis), and Win-
resu• <! �.�� Q�••MENT EYA •/, lock
• . �r� p.PY 2s 249��•
-% The meeting site is barrier
_ i/ i �ZARY�`l free People needing spe
cial assistance or accom-
i• • = modations should contact
PUBOG ,gym • _ the Commissioners' office
▪ •• 1�ro;�` 72 hours in advance of the
', s�Ai�OF WP� v`' `\\ Published
The Chronicle
���IlllillI%t��� January 14,2020