Ord 1332: Amend Chapter 2.11, Planning Section and Commission, of Lewis County Code. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO. 1332
AN ORDINANCE OF THE COUNTY OF LEWIS, TO
AMEND CHAPTER 2.11, PLANNING SECTION AND
COMMISSION, OF THE LEWIS COUNTY CODE
NOW THEREFORE BE IT ORDAINED
DONE IN OPEN SESSION this 14th day of December, 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: • ���NTY*"�' Sean D. Swope
3.s4,orsRD ON�S .
•�.e Sean D. Swope, Vice Chair
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Rieva Lester F.F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 1 of 1 Ord. 1332
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY,WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,TO AMEND ORDINANCE 1332
CHAPTER 2.11, PLANNING SECTION AND COMMISSION,
OF THE LEWIS COUNTY CODE
WHEREAS, Chapter 36.70.030 RCW of the Planning Enabling Act grants the Board of County
Commissioners authority to create and maintain a Planning Commission to assist the County in
performance of its land use planning duties and responsibilities; and
WHEREAS, Chapter 36.70.070 and -.080 RCWs of the Planning Enabling Act state that a commission
may consist of seven members appointed by the chair of the Board of County Commissioners with
approval by the majority of the board as long as the appointments result in each district being
equally represented on the commission as nearly as mathematically possible; and
WHEREAS, Chapter 36.70.090 through -.120 RCWs of the Planning Enabling Act define the terms,
vacancies, removal and officers of a commission; and
WHEREAS,the proposed amendments to Lewis County Code (LCC) 2.11, Planning Section and
Commission, meet the requirements of Chapter 36.070.030 and -.070 through -.120 RCW; and
WHEREAS, on November 23, 2021, the BOCC passed Res. 21-397 to hold a public hearing on
Ordinance 1332 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 amendments
to LCC Chapter 2.11 on December 14, 2021; and
WHEREAS,the Lewis County BOCC finds that the proposed amendments to LCC Chapter 2.11 best
serves the residents of Lewis County.
NOW THEREFORE, BE IT ORDAINED that the BOCC hereby adopts the amendments to the Lewis
County Code Chapter 2.11, Planning Section and Planning Commission, as shown in Exhibit A, to be
effective on December 15, 2021.
Passed in regular session this 14th day of December 2021.
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
JONATHAN MEYER, PROSECUTING ATTORNEY LEWIS COUNTY,WASHINGTON
:Amber Smith, Dep. Pros.AttorneyLindsey . Pollock, DV Chair
•••• COUNY•.
ATTEST: :•\\�•gOARL)o'9•• Se n D Swo , ice Ch
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Rieva Lester,Clerk of the Board • , 1845 O F. Le Grose, Commissioner
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Ordinance 1332
EXHIBIT A— LEWIS COUNTY CODE 2.11 PLANNING SECTION AND COMMISSION
Code text to be removed is shown with a strike-through and code text to be added is shown with an
underline.
CHAPTER 2.11, PLANNING SECTION AND COMMISSION
2.11.010 Purpose
(1) Title. The title of this chapter shall be the Lewis County planning section and commission
chapter.
(2) Purpose. The purpose of this chapter pursuant to RCW 36.70.040 shall be to repeal Chapter 2.10
LCC, and to establish and maintain a planning section;and reconstitute and create a planning
commission, as follows:
(a) To abolish the existing planning commission consisting of nine members, and to
establish a new, reconstituted planning commission consisting seven members;
(a) To provide for eligibility and standards of conduct for appointment to staggered terms
of planning commission members, and for their succession;
(b) To provide for appointment of a department of community development director and
organization of a planning section of that department;
(c) To define the duties and responsibilities of the planning section, hearing examiner and
planning commission; and
(d) To effect the promulgation and adoption of rules of procedure, pursuant to board of
county commissioner guidelines, under which the planning commission shall conduct its
business.
2.11.020 Planning section.
[No Change]
2.11.030 Planning commission.
(1) Created and Composition. Pursuant to RCW 36.70.040 and 36.70.070, there is hereby
reconstituted and created a the Lewis County planning commission,—shall consisting of seven
members, including:
(a) Two commission members who reside in each of the county districts; and
LCC 2.11, Planning Section and Commission Pg. 1 of 4
Ordinance 1332
(b) One at-large commission member.
(2) Purpose. which The planning commission shall assist the planning section in carrying out its
duties, including assistance in the preparation and execution of the comprehensive plan and the
adoption of development regulations for Lewis County, Washington, and shall hold public
hearings and shall make findings and conclusions which shall be transmitted to the planning
section for transmittal to the board of county commissioners, together with such comments and
recommendations as the section deems necessary.
(3) Appointment. Existing members of the planning commission may retain their positions and
current terms. Vacancy resulting from the expiration of a term of office, resignation or any other
reason shall be filled by appointment by the chairman of the board of county commissioners
from a list of not less than one nominee residing in the respective district by the respective
district county commissioner of the vacating member, except the at-large position may be filled
by one nominee from any district. Members of the planning commission shall be appointed by
the chairman of the board of commissioners, with the approval of the board of commissioners;
provided, each member of the board of commissioners shall submit to the chairman a list of not
less than three nominees residing in histheir county commissioner's district, and the chairman
shall make histheir appointments from such lists so that, as nearly as mathematically possible,
ach commissioner district is equally represented, as follows: two planning commission
members from each county commissioner district. The initial appointments to the planning
commission shall be made effective the first day of February 2005. Thereafter, each four year
term shall commence on the first day of January of the year when the term created herein shall
expire and the four year anniversary thereof.
(4) Eligibility of Appointed Members. The board of county commissioners shall nominate and select
planning commission members to independently and responsibly serve their fellow citizens. The
BOCC board of county commissioners shall appoint planning commission members:
(a) Without respect to political affiliations;
(b) Who represent varying geographic, demographic, and socioeconomic perspectives;
(c) Who, collectively, represent a broad range of local opinion, experience, and expertise,
and are entrusted to make recommendations reflecting the broad interests of the
community;
(d) Who are free of incompatibleility associations or;conflict of interests, subject to ultimate
decision by the board of county commissioners
organizations, agencies, and—entities within L ewis Count„
(5) Terms. Newly appointed planning commissioner members, other than those appointed to fill an
existing term, shall have a term of four years, beginning on January first of the year; except the
LCC 2.11, Planning Section and Commission Pg. 2 of 4
Ordinance 1332
at-large position, which shall have a term of three years, beginning on January first of the year.
Members who are appointed to fill a vacated existing term that has not expired shall complete
the existing term. The terms of office for appointed planning commission members shall be
staggered as follows: one commission member shall be appointed for one year; two commission
for four years, and upon the expiration of the term of such original members, the term of office
of each shall be four years; provided, that the staggering of terms shall be so arranged that the
expiration of terms shall not coincide for all commission members from any county
commissioner's district; provided, however, that members of the abolished planning commission
shall not serve out the terms of office to which they were appointed, but may be eligible for
appointment under the reconstituted commission. No appointed commission member shall
serve more than three consecutive full terms.
(6) Moving. If a member of the planning commission moves their permanent residence out of the
district they were appointed to represent, the member must tender their resignation from the
planning commission; except if the member holds the at-large position, in which case they may
remain on the planning commission and must inform the community development director of
the change of residence. If a member moves permanent residences but remains within the
district they were appointed to represent, the member may remain on the planning commission
and must inform the community development director of the change of residence.
(7) Vacancies. Each vacancy resulting from the expiration of a term of office shall be filled by
appointment by the chairman of the board of commissioners from a list of not less than one
nominee residing in the respective district by the respective district county commissioner of the
vacating member, for a period of four years. Vacancies occurring for any reason other than
expiration of a term of office shall be by appointment as set forth hereinabove from the same
county commissioner's district as the vacating member, for the period of the unexpired term of
the office being filled.
(7) Organization. With its first meeting after the passage of these provisions on February 15, 2005,
and as codified in this chapter, and the appointment of its membership, the planning
commission shall meet to organize itself by electing a chairman and vice chairman to serve until
the expiration of the calendar year 2005. Thereafter, tThe planning commission shall at its first
regular meeting in January of each year organize itself by electing a chairman and vice-chairman
to serve until the expiration of the calendar year, and shall hold not less than one regular
meeting per month; provided, that if no matter requiring planning commission consideration is
pending in any given month, the meeting may be canceled in advance by the chairman or
secretary of the commission. The planning commission may appoint standing or special
committees to which may be assigned specific responsibilities and authority, which shall make
no recommendations except to the planning commission or to others it specifies.
LCC 2.11, Planning Section and Commission Pg. 3 of 4
Ordinance 1332
(8) Meetings. The planning commission shall set a regular meeting schedule consisting of not less
than one regular meeting per month; provided, that if no matter requiring planning commission
consideration is pending in any given month, the meeting may be canceled in advance by the
chairman or secretary of the commission.
(9) Meetings, Quorum. Four members of the planning commission shall constitute a quorum. All
actions of the planning commission shall be determined by a majority vote at a meeting at
which a quorum is present, except in the event any state law or county code shall require a vote
larger than majority, such provision shall govern.
(10) Powers and Duties - Conduct of Hearings. The powers and duties of the planning commission
shall be such as are prescribed by Chapter 36.70 RCW, as amended, and other applicable laws of
the state; and the planning commission shall also perform such other duties as are not
inconsistent with the laws of the state, at the direction of the board of county commissioners.
(a) The planning commission shall also conduct such hearings as are required by Chapters
36.70 and 36.70A RCW, and as to all other applicable provisions of the Lewis County
Code and laws of the state, and shall make findings of fact and conclusions therefrom
which shall be transmitted to the planning section for transmittal to the board of county
commissioners or examiner, with such comments and recommendations as the planning
section shall deem necessary.
(b) In formulating its recommendations to the planning section for transmittal to the board
of county commissioners, the planning commission and its advisory committees may be
required to conduct public hearings; however, in any event all such meetings of the
commission or its advisory committees shall be conducted in a manner consistent with
the Code of Ethics for Municipal Officers, Chapter 42.23 RCW, the Open Public Meetings
Act, Chapter 42.30 RCW, and applicable public participation policies of the county.
2.11.040 Financing and planning.
[No Change]
LCC 2.11, Planning Section and Commission Pg. 4 of 4
BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-397
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE 1332, AN ORDINANCE TO AMEND
CHAPTER 2.11, PLANNING SECTION AND
COMMISSION, OF THE LEWIS COUNTY CODE
WHEREAS, Chapter 36.70.030 RCW of the Planning Enabling Act grants the Board
of County Commissioners (BOCC) authority to create and maintain a Planning
Commission to assist the County in performance of its land use planning duties
and responsibilities; and
WHEREAS, Lewis County Code (LCC) 2.11, Planning Section and Commission,
(Ordinance 1186) was adopted in 2005 to form the Lewis County Planning
Commission; and
WHEREAS, Chapter 36.70.070 through -0.120 RCWs of the Planning Enabling Act
define the composition, appointments, terms, vacancies, removal and officers of a
commission; and the amendments of LCC Chapter 2.11 meet those requirements.
NOW THEREFORE BE IT RESOLVED that a hearing before the BOCC is hereby
scheduled for at or after 10 a.m. December 14, 2021, to take public testimony
and/or written comment on the adoption of Ordinance 1332, amending Chapter
2.11, Planning Section and Commission, of the Lewis County Code; and
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 23rd day of November, 2021.
Page 1 of 2 Res. 21-397
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: „way, •"•++••• Sean D. Swope
can D. Swope, Vice Chair
: •' NSF*.
v;••
•. � _. ,
Rieva Lester •. F. Lee Grose
Rieva Lester, F. Lee Grose, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-397
BOCC AGENDA ITEM SUMMARY
BOCC Meeting Date: Dec. 14, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance
An ordinance of the County of Lewis, to amend Chapter 2.11, Planning Section and Commission, of
the Lewis County Code
Contact: Megan Sathre Phone: 360-740-2677
Department: CD - Community Development
Description:
An ordinance of the County of Lewis, to amend Chapter 2.11, Planning Section and Commission, of
the Lewis County Code
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Mindy Brooks, Lee Napier
t t..Eh
Board of County Commissioner.
Lewis County Washington
NOV 2 91(U21