Ord 1330 to repeal/replace Chapter 17.12, Public Participation, and amend Chapter 17.05, General Provisions, of the LCC BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO. 1330
ADOPT ORDINANCE 1330 TO REPEAL AND
REPLACE CHAPTER 17.12, PUBLIC
PARTICIPATION, AND AMEND CHAPTER 17.05,
GENERAL PROVISIONS, OF THE LEWIS COUNTY
CODE.
NOW THEREFORE BE IT ORDAINED
DONE IN OPEN SESSION this 26th day of October, 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •''°�"TY w?s,•, Sean D. Swope
•?,ksPRD of
•�"a Sean D. Swope, Vice Chair
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Rieva Lester •HrnTON';:•'
Rieva Lester, Vacant, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Ord. 1330
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. 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. 21-355 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 26TH DAY OF OCTOBER 2021.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Nk I� OV
b: Deputy Prosecuting Attorney Lind . Pollock, DV , Chair
ATTEST: SeamSwop e Vice Char
,
Rieva Lester, Clerk of the Board Vacant, Commissioner
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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: •'��" w.•s•• Lindsey R. Pollock, DVM
•v.S,��Ra of '� •.
Lit.tdsey R. Pollock, DVM, Vice Chair
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•
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
LEWIS COUNTY PLANNING COMMISSION
Lorie Spogen, Chair
:..GPI I S Co '•.
LETTER OF TRANSMITTAL 4 ••;
SCP ' s 101j
To: Lewis County Board of County Commissioners = e
=, REt'
EfV0v
From: Lewis County Planning Commission • ocvF
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 'I
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.
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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 Date !
Lorie Spogen, Ch it
Lewis County Planning Commission
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
LEWIS COUNTY PLANNING COMMISSION
Lorie Spogen,Chair
LETTER OF TRANSMITTAL • °°�'� is Co °°•
r N SEp
To: Lewis County Board of County Commissioners 5 2021
4 •
�ECEI
Vh (ti
From: Lewis County Planning Commission ' `! DEvetov•
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�—�--< Date % 2e a/
Lorie Spogen,4A.)
Lewis County Planning Commission
Letter of Transmittal—Amendments to Lewis County Code 17.12,Public
Participation Process,and 17.05,General Provisions 3
Ordinance 1330
EXHIBIT A— LEWIS COUNTY CODE 17.12 PUBLIC PARTICIPATION PROGRAM
For ease of readability, this code is a full replacement of existing 17.12 and is not underlined.
CHAPTER 17.12, PUBLIC PARTICIPATION PROGRAM
17.12.010 Purpose and applicability
The purpose of this Chapter establishes procedures for amending the comprehensive plan and the
development regulations found in LCC Titles 16 and 17 and sets forth the responsibilities of the
department of Community Development ("department"), the Planning Commission ("commission"), and
final approval by the Board of County of Commissioners ("board").
17.12.020 Amendments amending the comprehensive plan or development regulations.
(1) This subsection, 17.12, applies to Type V application actions that require a public hearing before
the Planning Commission and a decision by the Board of County Commissioners and is one or
more of the following types:
(a) An amendment to a comprehensive plan goal or policy;
(b) An amendment to the Shoreline Master Program;
(c) An amendment to the Comprehensive Plan maps; or
(d) An amendment to development regulations, including the zoning map.
(2) Each amendment type above is a legislative matter, except for an amendment for a site-specific
rezone, which is a quasi-judicial matter that requires both an amendment to the comprehensive
plan and development regulations.
(3) The county must adopt all amendments to the Comprehensive Plan simultaneously each year
and may not adopt amendments more frequently than once per year, except for amendments
that qualify for one of the following exceptions:
(a) The initial adoption of a subarea plan;
(b) Adoption or amendment of the Shoreline Master Program under procedures set forth in
Chapter 90.58 RCW;
(c) The amendment of the capital facilities element concurrent with adoption or amendment
of the county budget;
LCC 17.12, Public Participation Program Pg. 1 of 10
Ordinance 1330
(d) Amendments to development regulations consistent with the Comprehensive Plan and
countywide planning policies;
(e) Amendments needed to resolve an appeal of the Comprehensive Plan filed with the
Growth Management Hearings Board or the court; or
(f) Amendments necessary in cases where the board finds an emergency exists.
17.12.030 Amendments—filing requirements and docketing.
(1) An amendment to the comprehensive plan may be filed by:
(a) Any person or entity;
(b) The department; or
(c) The Commission or Board by majority vote.
(2) The department encourages applicants for an amendment to request a preapplication meeting
as provided under LCC 17.05.050 before formally filing an application. Except for quasi-judicial
matters, the department or applicant may discuss proposals with the Planning Commission
before an application is submitted. In quasi-judicial matters, no such discussion is permitted: all
contact with the Planning Commission on a specific proposal shall be on the record in writing or
at the public hearing.
(3) Except as provided under LCC 17.12.020(3), an amendment must be filed with the department
on forms provided by the department on or before the last business day of December for
inclusion on the following year's docket, except that a county-initiated amendment is not
subject to this deadline.
(4) An amendment, excepting those filed by the county, must include all fees required by the
adopted fee schedule.
(5) The department shall review the completeness of the amendment received on or before the last
business day of December before adding it to the docket. If the department determines that an
application remains incomplete by the following first day of April, the department shall consider
the application lapsed.
17.12.040 Amendments— Department review and staff report
(1) The department shall review complete applications for comprehensive plan and development
regulation amendments as provided below:
LCC 17.12, Public Participation Program Pg. 2 of 10
Ordinance 1330
(a) Where a development regulation amendment requires a comprehensive plan
amendment, the department shall process both amendments simultaneously.
(b) The department shall complete environmental review for each amendment, consistent
with the requirements of RCW Chapter 43.21C and LCC Chapter 17.110.
i. After receipt and review of the environmental checklist for an amendment, the
department must issue a threshold determination.
ii. If environmental review determines that the amendment may have a significant
impact on the environment, and if acceptance of a final environmental impact
statement is not complete by the first day of April, the department shall move
that amendment for consideration until the following year's docket.
(c) The department shall prepare a staff report that includes recommendations and/or
options for each docketed amendment. The department shall forward both the report
and the result of the environmental review to:
i. The Planning Commission;
ii. The applicant and the applicant's designated representative; and
iii. To the applicable city staff if the proposed amendment applies to land within a
city's Urban Growth Area.
(d) The staff report shall evaluate the proposed amendment(s) in relationship to the
approval criteria under LCC 17.12.100. If the proposed amendment includes land within
a city's Urban Growth Area, the staff report shall also address any comments from the
city regarding consistency with the applicable city comprehensive plan and the ability of
the city to provide needed utility services.
17.12.050 Amendments— Public hearing notice.
(1) The department shall publish notice of the public hearing at least once in the official county
newspaper and on the Lewis County website at minimum 15 calendar days before the Planning
Commission public hearing. The notice shall include:
(a) A summary of the amendment;
(b) The date, time, and place of the hearing;
(c) A statement that documents pertaining to the amendment, including a staff report and
SEPA determination, are available for public review, including where the public may
access them; and,
LCC 17.12, Public Participation Program Pg. 3 of 10
Ordinance 1330
(d) A general explanation of the process for submitting comments.
(2) The department shall provide physical copies of the amendment and related materials to:
(a) Timberland Regional Libraries located at: Chehalis, Centralia, Salkum, Randle, and
Winlock; and
(b) Lewis County senior centers located at: Morton, Toledo, Twin Cities (Chehalis), Packwood,
and Winlock.
(3) The county shall send notice to the appropriate city, when the proposed amendment is within or
would expand the Urban Growth Area, and to agencies, school districts, and fire districts that will
potentially be affected by the proposed amendment at least 15 calendar days prior to the
hearing.
(4) For public hearings involving a quasi-judicial amendment application, the county shall provide
the following notice in addition to the requirements of subsection (1) of this section:
(a) The county shall mail notice to the applicant and the applicant's representative, agencies
with jurisdiction, and to property owners as follows:
(i) For site-specific amendments to the Comprehensive Plan and development
regulations: At least 15 calendar days prior to the scheduled hearing date,
hearing notice shall be mailed to all property owners within one-quarter mile of
the external boundaries of the subject property as shown by the records of the
county assessor. Except, if the subject property is located within a LAMIRD, the
notice shall be mailed to all property owners within 500 feet of the external
boundaries of the subject property as shown by the records of the county
assessor.
(b) The county shall post a sign giving notice of the hearing in a conspicuous location on the
property at least 15 calendar days prior to the hearing.
17.12.060 Amendments— Review for quasi-judicial actions.
An application for a site-specific comprehensive plan and zoning map amendment is a quasi-judicial
action as defined in RCW 42.36.010 and is subject to the appearance of fairness doctrine, Chapter 42.36
RCW. For all quasi-judicial amendments, the commission and board of commissioners shall process the
application in accordance with Chapter 42.36 RCW in addition to all other requirements of this chapter.
17.12.070 Amendments— Review and recommendation by Planning Commission.
(1) The commission shall hold at least one public hearing on an amendment to consider public
comment before beginning its deliberations.
LCC 17.12, Public Participation Program Pg. 4 of 10
Ordinance 1330
(2) At the completion of its deliberations, the commission shall vote to recommend adopting, not
adopting, or amending the proposed plan, plan amendments or development regulation in
relationship to the approval criteria under LCC 17.12.100.
(3) The commission recommendation shall include findings of fact, the reasons for the
recommendation, and decision.
(4) Final recommendations on amendments by the commission should be complete and forwarded
to the board on or about October 1st
17.12.080 Review by state agencies.
(1) At least sixty (60) days before the board reviews the recommendation of the commission, the
department shall issue a Notice of Intent to Adopt an Amendment to the Department of
Commerce.
(2) The department will forward the commission recommendations and all state agency comments
to the board on or about December 1st
17.12.090 Amendment— Review and decision by the board.
(1) Upon receipt of a recommendation from the commission and after the sixty (60) day review
period by state agencies, the board shall consider and act on all amendments concurrently.
Final action by the board on amendments should occur on or about the following February 1st
(2) The board shall consider all proposals concurrently to evaluate the cumulative effect of the
various amendments.
(3) If the Board agrees with the recommendation(s) of the commission, it shall adopt the
amendment(s) by ordinance consistent with the commission's recommendation.
(4) If the Board does not agree, either in whole or in part, with a recommendation of the
commission, the Board may proceed as follows:
(a) The board of commissioners may hold a public hearing with notice as provided under
Section 17.12.040 (1) and (3).
(b) Upon conclusion of the public hearing, the board shall deliberate and act on the
amendment when it reaches a decision. The board may:
i. Adopt the amendment with modifications by ordinance that includes findings of
fact;
ii. Reject the amendment; or
LCC 17.12, Public Participation Program Pg. 5 of 10
Ordinance 1330
iii. Remand the proposed amendment to the planning commission for further review
for the next year's docket.
17.12.100 Approval criteria
(1) To approve a comprehensive plan amendment, the Planning Commission and the Board of
Commissioners shall find that:
(a) The amendment conforms to the requirements of the Growth Management Act, is
consistent with the county-wide planning policies and the comprehensive plan, including
any interlocal planning agreements, if applicable.
(b) The application and any studies submitted to the department, the Planning Commission,
and the Board of Commissioners demonstrates a need for the amendment.
(c) The public interest will be served by approving the amendment. In determining whether
the public interest will be served, factors including but not limited to the following shall
be considered:
(i) The anticipated effect upon the rate or distribution of population growth,
employment growth, development, and conversion of land as envisioned in the
comprehensive plan; and
(ii) The anticipated effect on the ability of the county and/or other service providers,
such as cities, schools, water purveyors, fire districts, and others as applicable, to
provide adequate services and public facilities including transportation facilities.
(iii) The anticipated impact upon designated agricultural, forest and mineral resource
lands.
(d) The amendment does not include or facilitate spot zoning.
(2) To approve an amendment to the development regulations, the Planning Commission and
Board of Commissioners shall find that the amendment is consistent with the Comprehensive
Plan and in the public interest.
LCC 17.12, Public Participation Program Pg. 6 of 10
Ordinance 1330
Existing 17.12 is fully replaced.
17.12.010 Title.
The ordinance codified into this chapter shall be known as the public participation program.
This ordinance codified in this chapter is adopted pursuant to the provisions of Chapter 36.70A RCW.
This chapter applies to long range planning-issues, including changes to the county comprehensive plan or
development regulations, in proceedings not involving a hearing examiner.
17 19 AAA Statement of purpose
program is to help serve the public interest by detailing the overall process to facilitate public participation.
(1)The Initial Phase Workshops.
amendment of either the comprehensive plan or the development regulations. New topics may be
identified by the public, through the amendment proce-s by the board of county commie loners or by
the planning commission.
(b)The planning commission will hold a series of background workshops identifying the reasoning and
legal basis for the decisions to be considered, and the proposals for specific modifications.
(i) The public is invited to observe the workshops, and the commission will end avor to provide
adequate time at the end of the meetings for public comment or input. The workshops are not
public hearings, and although members of the public may be allowed to comment on materials
presented, or to identify new information or questions they may wish the planning commission to
consider, it is important that such comments and information relate to the topics on the agenda.
(ii) The public may submit written comments on any agenda item, at any time.
(2) Phase 2 Planning Commission Hearings.
(b) Circulation of Proposed Draft.
LCC 17.12, Public Participation Program Pg. 7 of 10
Ordinance 1330
(i)The proposed draft will be made available to the public at I ast 15 days prior to the scheduled
hearing. To facilitate the easy review of the materials, copies of the proposal and relates
any departmental mailing lists, posted online at the county web page and physically sent to
strategic locations in the affected ar a. Such locations may include:
(A) Timberland regional libraries (five) located at: Chehalis, Centralia, Salkum, Randle,and
Winlesl.
(B) Lewis County senior centers (five) located at: Morton, Toledo, Twin Cities (Chehalis),
60 day review, and to state, local, tribal and federal agencies that have requested copies of the
notice materials.
(c) Notice of Hearing.
(i)The notice of the public hearing shall be published in the newspaper of record and in the
newspaper of largest circulation in the area affected, and shall be subject to any additional
provisions of state law.
identify the time, place, and purpose of the h arings and the locations where information may be
reviewed.
(d) Public Hearing. A public hearing shall have three components:
(i)Staff summary of the materials presented.
(ii)Opportunity for public questions and questions from the planning commi"sion.
(iii) Opportunity for public testimony.
(e) Public Testimony.
address the matters on the agenda and not to query staff or the commission.
(ii)At the conclusion of an individual's testimony, the planning commission may ask follow up
questions of the person to clarify or focus their point. The planning commission
questions of staff.
(iii) Testimony may be directed to the written proposal, either in favor or opposition, to changes
consequences of the proposed development.
(iv) Speakers shall be drawn first from a sign up sheet which will be available at the entry as
people enter the hearing room. The commission will then hear from others who did not sign up,
LCC 17.12, Public Participation Program Pg. 8 of 10
Ordinance 1330
reasonable limits on the time allotted for each speaker(s). The chair may similarly permit(or not
permit) a speaker to address the commission a second time based on the time available and the
need to maintain an orderly public hearing.
(v)The public will generally be given one week after the final public hearing to deliver any final
written comments to the planning commission.
(f) Recommendation.
(i)After the public hearing, the planning commission may conduct one or more workshops to
consider the matters presented.
(ii)The planning commission shall then make its recommendations to the board of county
commissioners
(3) Board of County Commissioner Determination.
{a) Upon the receipt of a planning commission recommendation, the board of county commis..ioners
may hold one or more workshops to consider matters raised during the h wrings or the writings
certain items, the board may elect to hold a formal public hearing on the issue or remand the issue
back to the planning commission.
(b) If no further review is deemed necessary, the board may approve the proposal by ordinance or
deny the proposal.
(AI)The Record.
(a) The county will retain a running copy of all materials received or submitted during any workshops
(i) The time and date of the meetings held throughout the process.
(ii) The nature of the proceedings (e.g., workshop, public hearing).
(iii) Subject(s) addre-sed.
(iv) Persons addressing the subject(s).
(v) Documents received during the proceedings.
{b) Minutes should be recorded for each of the meetings and hearings throughout the update and
should be approved at the next scheduled meeting.
amendments and development regulations are to be considered concurrently.
LCC 17.12, Public Participation Program Pg. 9 of 10
Ordinance 1330
(2)To aid and a"sure public participation, the board of county commissioners may consider the use of
citizen advisory committees, technical panels, consultant teams and/or groups, individually or in concert
required, but the goal of public participation is encouraged.
LCC 17.12, Public Participation Program Pg. 10 of 10
Ordinance 1330
EXHIBIT B— LEWIS COUNTY CODE 17.05 GENERAL PROVISIONS
Code text to be removed is shown with a strike through and code text to be added is shown with an
underline.
17.05.040 Project permit application type.
(1) Project permit applications are categorized as one of five types described below. Tables 17.05-1
and 17.05-2 specify various permits that fall within the categories and the methods for
processing the various project permits.
(a) - (d) (No change]
(e) Type V applications are actions that require a public hearing before the Planning
Commission and a decision by the Board of County Commissioners. The process for the
amendments is articulated in Chapter 17.12 LCC, though noticing requirements are
included within this section.
(i) Project-specific actions include modifications to development regulations, the
comprehensive plan, or the zoning map that affect an individual or smaller group
of parcels. Project-specific amendments are typically sought by an individual
property owner or group of owners for their own benefit. The applications
require public notice on the site and for neighbors and a quasi-judicial public
hearing before the planning commission.
(ii) Nonproject legislative actions include modifications to development regulations,
the comprehensive plan, or zoning map that affect larger groups of parcels. The
process for the amendments is articulated in Chapter 17.12 LCC, though noticing
requirements are included within this section. Nonproject legislative actions are
typically sought by the county to promote a public rather than an individual
benefit.
(2) [No change]
LCC 17.05, General Provisions Pg. 1 of 1
Ordinance 1330
EXHIBIT C— FURTHER FINDINGS OF FACT
Washington State Growth Management Act
1. 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 Lewis County Code (LCC) 17.12 (Ord. 1330 Exhibit
A) to improve the public participation process.
2. The updated LCC 17.12 public participation process is consistent with RCW 36.70A.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.
Lewis County Countywide Planning Policies
3. Policy 11, Citizen Participation and Coordination, encourages the involvement of citizens in the
planning process and ensures coordination between communities and jurisdictions to reconcile
conflicts. The updated LCC 17.12 is consistent with the following policies, as described below:
11.0 All jurisdictions shall maintain procedures to provide for the broad dissemination of proposals
and alternatives for public inspection; opportunities for written comments; public hearings after
effective notice; open discussions; communication programs and information services; consideration
of and response to public comments; and the notification of the public for the adoption,
implementation, and evaluation of the Comprehensive Plan.
11.1 All jurisdictions shall continue to encourage public awareness of Comprehensive Plans by
providing for public participation opportunities and public education programs designed to
promote a widespread understanding of the Plans' purposes and intents. Updated LCC 17.12
requires notice of hearings to include a summary of amendment, a staff report and explanation of
how to provide comments. The clarifications encourage awareness and support opportunities for
public participation.
Findings of Fact Pg. 1 of 2
11.2 All jurisdictions shall provide regular and ongoing opportunities for public review and
comment throughout the Comprehensive Plan development process.
11.3 All jurisdictions shall provide policies and processes to address public notification costs
associated with land use applications.
11.4 All jurisdictions shall encourage citizen participation throughout the planning process as
provided by state statute and codes for environmental, land use, and development.
11.5 All jurisdictions shall encourage broad based citizen involvement in the development of the
Comprehensive Plan elements, sub-area plans, and functional plans, and development regulations.
11.6 Amendment to the county wide planning policies shall be consistent with an adopted approval
process.
Updated LCC 17.12 clarifies the planning commission and board of county commissioner processes
and requirements for public notices and participation. Updated LCC 17.12 maintains the public
review and comment process for Comprehensive Plan amendment; however, the clarifications better
explain public participation opportunities. As described under finding two (2) of this exhibit, public
participate is better served by updated LCC 17.12 because it adds a schedule and timeline for
consideration of comprehensive plan amendments to ensure local and state regulatory mandates
can be met; amends the noticing procedures to ensure notice is sent to affected interested parties;
and 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. Updated LCC 17.12 makes no changes to fee schedules.
Findings of Fact Pg. 2 of 2
BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Oct. 26, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
Adopt Ordinance 1330 to repeal and replace Chapter 17.12, Public Participation, and amend
Chapter 17.05, General Provisions, of the Lewis County Code.
Contact: Megan Sathre Phone: 3607402677
Department: CD - Community Development
Description:
Adopt Ordinance 1330 to repeal and replace Chapter 17.12, Public Participation, and amend
Chapter 17.05, General Provisions, of the Lewis County Code.
Approvals: Publication Requirements:
Publications:
User Status
Amber Smith Pending
Eric Eisenberg Pending
PA's Office Pending
Additional Copies: Cover Letter To:
Mindy Brooks, Lee Napier
BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Oct. 26, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
Adopt Ordinance 1330 to repeal and replace Chapter 17.12, Public Participation, and amend
Chapter 17.05, General Provisions, of the Lewis County Code.
Contact: Megan Sathre Phone: 3607402677
Department: CD - Community Development
Description:
Adopt Ordinance 1330 to repeal and replace Chapter 17.12, Public Participation, and amend
Chapter 17.05, General Provisions, of the Lewis County Code.
Approvals: Publication Requirements:
Publications:
User Status
Amber Smith Approved
Eric Eisenberg Pending
PA's Office Approved
Additional Copies: Cover Letter To:
Mindy Brooks, Lee Napier