NOH to consider Ord 1330, to repeal and replace Chapter 17.12, Public Participation Program, and amend Chapter 17.05 General Provisions, of LCC BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-355
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE 1330, AN ORDINANCE TO REPEAL
AND REPLACE CHAPTER 17.12, PUBLIC
PARTICIPATION PROGRAM, AND AMEND CHAPTER
17.05 GENERAL PROVISIONS, OF THE LEWIS
COUNTY CODE.
WHEREAS, Lewis County is required by RCW 36.70A.130 to periodically review
and evaluate its comprehensive land use plan and development regulations to
ensure the plan and regulations comply with the Washington State Growth
Management Act; and
WHEREAS, the Lewis County Comprehensive Plan (Ordinance 1287) was adopted
in 2017 by the Board of County Commissioners and is consistent with RCW
06.70A, Growth Management; and
WHEREAS, RCW 36.70A.140 requires counties planning under the Growth
Management Act to establish a public participation program that identifies early
and continuous public participation in the development and amendment of
comprehensive land use plans and development regulations that implement such
plans; and
WHEREAS, Lewis County Code (LCC) 17.12, Public Participation Process,
(Ordinance 1179) was adopted in 2002 and amended (Ordinance 1297) in 2019;
and
WHEREAS, as provided for by RCW 36.70A.130 and RCW 43.21C.440, the Lewis
County Planning Commission elected to conduct a periodic review and update of
LCC 17.12 to improve the public participation process; and
WHEREAS, on September 14, 2021, the Lewis County Planning Commission held
a public hearing on the proposed code amendments in LCC 17.12 and 17.05; and
WHEREAS, following the public hearing, the Planning Commission deliberated
and voted unanimously to transmit the amendments to the Lewis County Board of
County of Commissioners (BOCC).
NOW THEREFORE BE IT RESOLVED that a hearing before the BOCC is hereby
scheduled for October 26, 2021, to take public testimony and/or written comment
on the adoption of Ordinance 1330, replacing Chapter 17.12 and amending
Chapter 17.05 of the Lewis County Code; and
Page 1 of 2 Res. 21-355
NOW THEREFORE 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 changes as required by law.
DONE IN OPEN SESSION this 5th day of October, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith
By: Amber Smith, Vacant, Chair
Deputy Prosecuting Attorney
ATTEST: ;�S��gDOF ASS•. Lindsey R. Pollock, DVM
N.
° L" dsey R. Pollock, DVM, Vice Chair
,.
18g5 45,4,
. .`,o% •
••Sy,NGTo :•••
Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-355
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 to adopt Ordinance 1330.The hearing will take place at or
after 10 a.m. October 26, 2021, in the Commissioners' Hearing Room on the second floor of the Historic
Courthouse in Chehalis, Washington. Interested parties are encouraged to check the Commissioners'
Business Meeting agenda for the Zoom log-in details.The agenda will be posted at least 24 hours in
advance of the meeting on the Lewis County Agendas& Calendar webpage.
The public hearing will consider Ordinance 1330,which repeals and replaces Lewis County Code (LCC)
Chapter 17.12, Public Participation Program, and amends Chapter 17.05,General Provisions.
The new LCC 17.12 clarifies timing of amendments to the Lewis County Comprehensive Plan and
development regulations, provides guidance regarding submittal requirements for map amendments,
expands noticing requirements and adds approval criteria to guide the Planning Commission in making
recommendations regarding map amendments. The LCC 17.05 amendment clarifies that the process
laid out in LCC 17.12 applies to Type V permits.
During 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 by emailing Mindy Brooks at mindy.brooks@lewiscountywa.gov
Senior Long Range Planner.
Details about the proposal will be available online at the agenda link provided above. Please select the
agenda for October 5 (Notice) or October 26(Hearing)to see the draft ordinance.The draft is subject to
change before or at the hearing. If you wish to receive a paper copy of the proposals, contact Megan
Sathre at megan.sathre@lewiscountywa.gov or(360)740-2677 and a copy will be mailed to you.
The meeting site is barrier free. People needing special assistance or accommodations should contact
Rieva Lester at 360.740.1419 at the Community Development Department 72 hours in advance of the
meeting.
Rieva Lester/Publish in the Chronicle and East County Journal on October 7 and October 13, 2021
I
LEWIS COUNTY PLANNING COMMISSION
Lone Spogen,Chair
:.�\1•1IS co °°..
LETTER OF TRANSMITTAL ;' ti
t * SEP 5 ?OZl
To: Lewis County Board of County Commissioners O •
Y
From: Lewis County Planning Commission :? l
oEvta ;
Date: September 14, 2021
Subject: Transmittal to the BOCC:Amendment to Lewis County Code, Chapter 17.12 and
17.05, regarding the public participation process.
Dear Commissioners:
The purpose of this report is to transmit to the Board of County Commissioners draft
amendments to the Lewis County Code, which would:
• Replace existing 17.12, Public Participation Process, to
o Clarify roles and responsibilities of the Planning Commission,
o Create a process for amending the Lewis County Comprehensive Plan,
o Clarify noticing requirements and public participation, and
o Establish approval criteria for review of Comprehensive Plan amendments; and
• Amend 17.05, General Provision, to maintain code consistency with 17.12.
Findings of Fact
1. Lewis County is required by RCW 36.70A.130 to periodically review and evaluate its
comprehensive land use plan and development regulations to ensure the plan and regulations
comply with the Washington State Growth Management Act; and
2. RCW 36.170A.130(2)(a) requires that amendments to comprehensive land use plans not be
made more than once per year except adoption of comprehensive plan amendments
necessary to enact a planned action under RCW 43.21C.440, including amendments to
development regulations that are consistent with a comprehensive plan adopted under RCW
36.70A; and
3. The Lewis County Comprehensive Plan (Ordinance 1287) was adopted in 2017 by the Board
of County Commissioners and is consistent with RCW 06.70A, Growth Management; and
Letter of Transmittal—Amendments to Lewis County Code 17.12,Public
Participation Process,and 17.05,General Provisions 1
4. RCW 36.70A.140 requires counties planning under the Growth Management Act to establish
a public participation program that identifies early and continuous public participation in the
development and amendment of comprehensive land use plans and development regulations
that implement such plans.The procedures shall provide for broad dissemination of proposals
and alternatives, opportunity for written comments, public meetings after effective notice,
provision for open discussion, communication programs, information services, and
consideration of and response to public comments.; and
5. Lewis County Code(LCC) 17.12, Public Participation Process, (Ordinance 1179)was adopted in
2002, amended (Ordinance 1297) in 2019, and is consistent with RCW 36.70A.140;and
6. As provided for by RCW 36.70A.130 and RCW 43.21C.440, the Lewis County Planning
Commission elected to conduct a periodic review and update of LCC 17.12 (Exhibit A) to
improve the public participation process and to update LCC 17.05 (Exhibit B), General
Provisions, to clarify the relationship to LCC 17.12. The updated public participation process
is consistent with RCW 36.170A.130(2)(a), .020(11), .035, and .140 because it:
a. Adds a schedule and timeline for consideration of comprehensive plan amendments
to ensure local and state regulatory mandates can be met;
b. Amends the noticing procedures to ensure notice is sent to affected interested parties.
This includes publishing the notice in the newspaper, sending notice to potentially
impacted property owners, sending notice to government agencies (e.g., school
districts,fire districts), and posting a physical notice in a public location, such as along
a public right-of-way; and
c. Adds approval criteria to provide transparency to the public about the information
considered by the Planning Commission in making a decision to amend the
comprehensive land use plan or development regulations; and
7. Staff provided notice for a public hearing on the proposed code amendments in the manner
prescribed in LCC 17.12 on August 24, 2021; and
8. On September 14, 2021,the Lewis County Planning Commission held a public hearing on the
proposed code amendments in LCC 17.12 and 17.05; and
9. Following the public hearing, the Planning Commission deliberated and determined that the
proposed amendments met the intent and requirements of the Growth Management Act and
were in accordance with the public interest.
Recommendation
Based on the above findings,the Lewis County Planning Commission recommends that the Board
of County Commissioners pass an ordinance that adopts the proposed changes to Lewis County
Code 17.12, Public Participation Process, and 17.05, General Provisions.
Letter of Transmittal—Amendments to Lewis County Code 17.12,Public
Participation Process,and 17.05,General Provisions 2
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the documents to the Lewis County Board of County
Commissioners.
Exhibits:
A. Lewis County Code Chapter 17.12
B. Lewis County Code Chapter 17.05
Submitted by G/� -�—�_ r Date % ie)a f
Lorie Spogen, Ch it
Lewis County Planning Commission
I
Letter of Transmittal—Amendments to Lewis County Code 17.12,Public
Participation Process,and 17.05,General Provisions 3
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY,WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,TO REPEAL AND )
REPLACE CHAPTER 17.12,PUBLIC PARTICIPATION,AND AMEND ) ORDINANCE NO.21-1330
CHAPTER 17.05,GENERAL PROVISIONS,OF THE LEWIS COUNTY )
CODE )
WHEREAS, Lewis County is required to plan under the Growth Management Act in accordance to RCW
36.70A.040; and
WHEREAS, RCW 36.70A.140 requires counties planning under the Growth Management Act to establish
a public participation program that identifies early and continuous public participation in the development
and amendment of comprehensive land use plans and development regulations that implement such
plans; and
WHEREAS, Lewis County Code(LCC) 17.12, Public Participation Process,(Ordinance 1179)was adopted in
2002,amended (Ordinance 1297) in 2019,and is consistent with RCW 36.70A.140; and
WHEREAS, as provided for by RCW 36.70A.130 and RCW 43.21C.440, the Lewis County Planning
Commission elected to conduct a periodic review and update of LCC 17.12 to improve the public
participation process and to update LCC 17.05,General Provisions,to clarify the relationship to LCC 17.12;
and
WHEREAS, staff provided notice for a public hearing on the proposed code amendments in the manner
prescribed in LCC 17.12 on August 24,2021; and
WHEREAS,on September 14, 2021,the Lewis County Planning Commission held a public hearing on the
proposed code amendments in LCC 17.12 and 17.05
WHEREAS,following the public hearing,the Lewis County Planning Commission voted unanimously to
recommend approval of the replacement of LCC Chapter 17.12 and amendments to LCC Chapter 17.05
to the Lewis County Board of County Commissioners(BOCC)for their consideration; and
WHEREAS, on October 5,2021,the BOCC passed Res. 21-XXX to hold a public hearing on Ordinance
1330 and directed the Clerk of the Board to provide notice of the hearing; and
WHEREAS,the Lewis County BOCC held a duly noticed public hearing on the proposed replacement of
LCC Chapter 17.12 and amendments to LCC Chapter 17.05 on October 26, 2021; and
WHEREAS,the Lewis County BOCC finds that the replacement LCC Chapter 17.12 is consistent with RCW
36.70A.130(2)(a), .020(11), .035, and .140 as described in Exhibit C Further Findings of Fact; and
WHEREAS, the Lewis County BOCC finds that the proposed replacement LCC Chapter 17.12 and
amendments to LCC Chapter 17.05 best serves the residents of Lewis County;
1
NOW THEREFORE, BE IT ORDAINED that the BOCC hereby repeals and replaces Lewis County Code
Chapter 17.12, Public Participation Program, as shown in Exhibit A; and
NOW THEREFORE, BE IT FURTHER ORDAINED that the BOCC hereby adopts the amendments to the
Lewis County Code Chapter 17.05, General Provisions, as shown in Exhibit B; and
NOW THEREFORE, BE IT FURTHER ORDAINED that the BOCC hereby adopts Exhibit C as further
findings of fact.
PASSED IN REGULAR SESSION THIS DAY OF , 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
By: Deputy Prosecuting Attorney Gary Stamper, Chair
ATTEST: Lindsey R. Pollock, DVM,Vice Chair
Rieva Lester, Clerk of the Board Sean Swope, Commissioner
2
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Oct. 5, 2021
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of Public Hearing to consider Ordinance 1330, an ordinance to repeal and replace Chapter
17.12, Public Participation Program, and amend Chapter 17.05 General Provisions, of the Lewis
County Code.
Contact: Megan Sathre Phone: 360-740-2677
Department: CD - Community Development
Description:
Notice of public hearing to consider Ordinance 1330, an ordinance to repeal and replace Chapter
17.12, Public Participation Program, and amend Chapter 17.05 General Provisions, of the Lewis
County Code.
Approvals: Publication Requirements:
Publications:
User Status The Chronicle, The East County Journal
Amber Smith Pending
Eric Eisenberg Pending
PA's Office Pending
Additional Copies: Cover Letter To:
Mindy Brooks, Lee Napier