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Ord 1315,amend Chapter 17.10 of the LCC and lift moratorium upon certain permits within rural/resource lands BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE OF THE COUNTY OF LEWIS ) AMENDING CHAPTER 17.10 OF THE LEWIS ) COUNTY CODE AND ACTION TO LIFT A ) MORATORIUM UPON CERTAIN PERMITS ) ORDINANCE NO 1315 WITHIN THE RURAL AND RESOURCE LANDS ) OF LEWIS COUNTY, FOLLOWING ADOPTION ) OF LEWIS COUNTY CODE SATISFYING THE ) MORATORIUM'S INTENT ) WHEREAS, Lewis County is required to plan under the Growth Management Act in accordance to RCW 36.70A.040, and WHEREAS, RCW 36 70A 070(5) requires counties to enact measures to protect rural character on lands not designated for urban growth, and WHEREAS, the Lewis County Comprehensive Plan establishes goals and policies for protecting rural character, and WHEREAS, Section 17.150.030 of the Lewis County Code stipulates the Special Characteristics of Rural Development, and WHEREAS, the Lewis County Planning Commission held workshops on October 22, 2019 and November 12, 2019 to consider the impacts to rural character by the extraction of ground and surface water for bottled water and/or facilities for producing bottled and whether it constituted "food and beverage manufacturing," and WHEREAS, the Lewis County Department of Community Development provided notice of a public hearing before the Lewis County Planning Commission on December 10, 2019 regarding proposed changes to the Lewis County Code relating to the extraction of ground and surface water for bottled water and/or facilities for producing bottled water; and WHEREAS, after taking public testimony at the public hearing, the Lewis County Planning Commission issued the following findings that Ordinance 1315—Page 1 1. The extraction of ground and surface water for bottled water and/or facilities for producing bottled water was inconsistent with the intent of"standalone food and beverage manufacturing" under Section 17 10 190 Lewis County Code, 2 That the extraction of ground and surface water for bottled water and/or facilities for producing bottled water was inconsistent with the purpose of the Rural Development and the LAMIRD zoning districts, and 3. That the extraction of ground and surface water for bottled water and/or facilities for producing bottled water constituted a major industrial development under RCW 36.70A.365 that requires siting such developments through a comprehensive plan amendment WHEREAS, the Lewis County Planning Commission on December 10, 2019 adopted a Letter of Transmittal to the Board of County Commissioners (BOCC) relating these findings and recommending changes to Chapter 17.10 of the Lewis County Code to amend the definition for"standalone food and beverage manufacturing" to exclude the extraction of ground and surface water for bottled water and/or facilities for producing bottled water from said definition and to add a new definition for"bottled water", and WHEREAS, the Lewis County Department of Community Development issued a SEPA Determination of Nonsignificance on January 7, 2020 for amending Sections 17 10 190 and 17 10 020 of the Lewis County Code and received no comment on the threshold determination, and WHEREAS, the Lewis County Department of Community Development submitted a Notice of Adoption on December 16, 2019 to the Washington State Department of Commerce for the said amendments and received no comment from the review, and WHEREAS, on January 27, 2020, the BOCC passed Res 20-026 to hold a public hearing on proposed Ordinance 1315, and directed the Clerk of the Board to provide notice of the hearing; and WHEREAS, the BOCC adopted Ordinance 1306 in August 2019 and Ordinance 1314 in February 2020 imposing and extending a moratorium on most land-use or building permit applications concerning the extraction of water for sale as a principal goal and/or facilities for standalone food or beverage manufacturing, and WHEREAS, the moratoria were imposed as a result of citizen concerns about large- scale water bottling facilities taking advantage of loose language in the county zoning code, which the citizens believed outstripped the code's intent and was inconsistent with the Growth Management Act, and Ordinance 1315—Page 2 WHEREAS, the purpose of these moratoria was to preserve the status quo and allow for responsible study of the issue via a public process, and WHEREAS, the BOCC has agreed with and passed the Planning Commission's recommended revisions in Ordinance 1315, satisfying the intent of the moratoria, and WHEREAS, Ordinance 1306 has expired, and Ordinance 1314 explicitly permits that it may be lifted upon the circumstances herein. NOW THEREFORE BE IT RESOLVED that the BOCC do hereby adopt the following amendments to the Lewis County Code SECTION 1. Amend the definition for"standalone food and beverage manufacturing" under LCC 17 10 190, "S" Definitions, by adding the underlined section shown below. Standalone food or beverage manufacturing means a food or beverage processing use that is not accessory or incidental to a primary underlying agricultural use. The use may include the assembly or manufacturing of packaging for the processed product Processing or manufacturing uses that are accessory or incidental to a primary agricultural use are considered an "agricultural" use for the purpose of Chapter 17 42 LCC Standalone food or beverage manufacturing does not include the extraction of ground or surface water for bottled water and/or facilities for producing bottled water. SECTION 2. Add a new definition under LCC 17.10.020, "B" Definitions, for "bottled water" that reads: Bottled water is water intended for human consumption and sealed in bottles or other containers. The definition of bottled water includes enhanced bottled water, a category of beverages marketed as water with added ingredients, such as natural or artificial flavors, sugar, sweeteners, vitamins, and minerals The extraction of ground or surface water for bottled water and/or the facilities for producing bottled water is a major industrial development that is an inconsistent use within any designated Rural Area Zoning District, Resource Lands, and Chapter 17.150 LCC SECTION 3. If a court of competent jurisdiction finds any part of this ordinance to be invalid, the remainder of the ordinance shall remain valid and continue in full force and effect Ordinance 1315—Page 3 NOW THEREFORE BE IT FURTHER RESOLVED that the moratorium in Ordinance 1314 is lifted Ordinances 1306 and 1314 therefore have no further force and effect, except as historical evidence of the BOCC's action_ PASSED IN REGULAR SESSION THIS DAY OF 1) 2020. APPROVED AS TO FORM' BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUN , WASHINGTON r By Deputy Prosecuting Attorney Gary S mper, C it ATTEST. Edn. 3 Fund, V7 Ch.' Rieva Lester, Clerk of the Board Rob-rt C J.ckson, Commissioner •.•ao NTY•4, , op . :3; SINCE ;x: •4v g45 • . (6 ; %.`;s cone"4 • :ACTON'S;•' Ordinance 1315—Page 4 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 February 24, 2020, starting at or after 10 00 a m The public hearing will consider Ordinance 1315,which amends Lewis County Code Chapter 17 10, Definitions,that includes amending the definition for"standalone food and beverage manufacturing" and the adoption of a new definition for"bottled water" and may take action to lift a moratorium within the rural and resource lands of Lewis County following adoption of the Lewis County code satisfying the moratorium's intent will occur at the Lewis County Courthouse, Commissioners' Hearing Room, at 351 The public hearings oc y g , 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 hearings to Lee Napier at 360 740 2606 or lee napier@lewiscountywa gov Details about the proposals are available at http //lewiscountywa gov/departments/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 Commissioner's Office 72 hours in advance of the meeting at 360 7401120 Rieva Lester/Publish in the Chronicle on February 4, 2020 LEWIS COUNTY PLANNING COMMISSION Robert Whannell,Chairman LETTER OF TRANSMITTAL To: Lewis County Board of County Commissioners From Lewis County Planning Commission Date* December 10, 2019 Subject Transmittal to the BOCC Amendment to Lewis County Code Chapter 17.10, Definitions, regarding the extraction of ground and surface water for bottled water and/or facilities for producing bottled water Dear Commissioners The purpose of this report is to transmit to the Board of County Commissioners a draft amendment to the Lewis County Code Chapter 17 10, Definitions,which would. 1 Exclude the extraction of ground and surface water for bottled water and/or facilities for producing bottled water from the definition of "standalone food and beverage manufacturing" (see LCC 17 10 190, "S" Definitions), and 2 Add a definition for "bottled water" under LCC 17 10 020, "B" Definitions,which would prohibit it as a use in any Rural Area Zoning District and designated Resource Lands Findings of Fact The Lewis County Planning Commission held a public hearing on December 10, 2019 to consider amendments to the Lewis County Code specific to Chapter 17.10, Definitions After considering provisions within Chapter 36 70A the Growth Management Act, the Lewis County Comprehensive Plan, chapters within the Lewis County Code, and public testimony, the Planning Commission found that. 1 The scale and intensity of the extraction of ground and surface water for bottled water and/or facilities for producing bottled water constitutes a major Industrial development under RCW 36 70A 365 that did not meet the original intent of the definition for "standalone food and beverage manufacturing," 2 The scale and intensity of the extraction of ground and surface water for bottled water and/or facilities for producing bottled water was inconsistent with protecting rural county as provided under Chapter 17 150, Special Conditions - Rural Area Development, of the Lewis County Code, and, Letter of Transmittal 1 3 The extraction of ground and surface water for bottled water and/or facilities for producing bottled water were inconsistent with the stated purposes for the Rural Area Industrial, Small Town Mixed Use, the Small Town Industrial Districts, and designated Resource Lands Recommendation Based on these findings of fact, the Planning Commission forwards the following recommendation to the Board of County Commissioners. 1 Amend the definition for"standalone food and beverage manufacturing" under LCC 17 10 190, "S" Definitions by adding the underlined section shown below. Standalone food or beverage manufacturing means a food or beverage processing use that is not accessory or incidental to a primary underlying agricultural use The use may include the assembly or manufacturing of packaging for the processed product Processing or manufacturing uses that are accessory or incidental to a primary agricultural use are considered an "agricultural" use for the purpose of Chapter 17 42 LCC Standalone food or beverage manufacturing does not include the extraction of ground or surface water for bottled water and/or facilities for producing bottled water. 2 Add a new definition under LCC 17 10 020, "B" Definitions, for "bottled water" that reads Bottled water is water intended for human consumption and sealed in bottles or other containers. The definition of bottled water includes enhanced bottled water, a category of beverages marketed as water with added ingredients, such as natural or artificial flavors, sugar, sweeteners, vitamins, and minerals. The extraction of ground or surface water for bottled water and/or the facilities for producing bottled water is a major industrial development that is an inconsistent use within any designated Rural Area Zoning District, Resource Lands, and Chapter 17.150 LCC Submitted byy w, ,e,Q,,Q Date 11 - 16 - / Robert Whannell, Chair Lewis County Planning Commission Letter of Transmittal 2 LBÔAGENbAiTEMsUMMARY BOCC Meeting Date Feb 24, 2020 Suggested Wording for Agenda Item Agenda Type: Hearing Ordinance Proposed action to enact Ordinance 1315, an Ordinance to amend Chapter 17 10 of the Lewis County Code AND ACTION TO LIFT A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL AND RESOURCE LANDS OF LEWIS COUNTY, FOLLOWING ADOPTION OF LEWIS COUNTY CODE SATISFYING THE MORATORIUM'S INTENT Contact: Pat Anderson Phone 3607402677 Department CD - Community Development Description: Proposed action to enact Ordinance 1315, an Ordinance to amend Chapter 17 10 of the Lewis County Code and action to life a moratorium upon certain permits within the Rural and Resource Lands Approvals: Publication Requirements: Publications. User Status Chronicle PA's Office Pending Additional Copies: Cover Letter To: Lee Napier, Pat Anderson, Brianna Teitzel, Preston Pinkston, Eric Eisenberg BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ORDINANCE NO 1315 PROPOSED ACTION TO ENACT ORDINANCE 1315, AN ORDINANCE TO AMEND CHAPTER 17 10 OF THE LEWIS COUNTY CODE AND ACTION TO LIFT A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL AND RESOURCE LANDS OF LEWIS COUNTY, FOLLOWING ADOPTION OF LEWIS COUNTY CODE SATISFYING THE MORATORIUM'S INTENT NOW THEREFORE BE IT ORDAINED DONE IN OPEN SESSION this 24th day of February, 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 ATTEST •'�°"""•"�s Edna J . Fund '&e•Edna J Fund, Vice Chair S1�,cF 1gA5 btti 4`��J. Rieva Lester Robert C Jackson Rieva Lester, Robert C Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners /7 io SIGN-IN SHEET FOR PUBLIC HEARING ON (��' -i - i3i5 - `r"'� °` •�` ` t,w� `" Lewis County Courthouse, 351 N W North Street, Chehalis,Wash Meeting date f G6 2 , Adz) NAME PHONE REPRESENTING ADDRESS Jor-1 WE-Le-VCR 11 540—1141D RINNI D E rcA a5�v�t Zoos-5i`l- Li/v-1 c w 125 3 L'Z !-i^ 4 5 6 7 8 9 10 11 12 13 14 Notice The information provided on this document may be subject to public disclosure per RCW 42 56 070