2022-11-08_Ordinance1337_ExhibitA_ADOPTEDLetter of Transmittal – 2022 Amendments to Comprehensive Plan Map and Zoning Map 1
LEWIS COUNTY PLANNING COMMISSION
Lorie Spogen, Chair LETTER OF TRANSMITTAL To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: September 14, 2022
Subject: Transmittal to the BOCC – Amendments to Lewis County Comprehensive Plan Map and Zoning Map
SUMMARY
The purpose of this report is to transmit to the Lewis County Board of County Commissioners
(BOCC) the recommendations of Planning Commission related to seven (7) proposed
amendments to the Lewis County Comprehensive Plan map and zoning map. The amendments
are submitted to the BOCC concurrently, as required by RCW 36.70A. The anticipated public
hearing is tentatively set for November 8, 2022.
This transmittal includes a summary of each proposed amendment as well as the Planning
Commission’s recommendation and rationale for each. Attached to this transmittal are the staff
reports, a list of supporting materials and findings of fact, for each of the proposals. The
Comprehensive Plan map and zoning map amendment proposals are:
1. Chehalis Breen UGA Amendment 2. Chehalis Westlund-Enbody UGA Amendment 3. Centralia UGA Amendment 4. Mineral Lake YMCA Rezone 5. Good-Avapollo Mining Opt-in Rezone 6. De Goede Rezone 7. Adna Grocery Store Rezone
All of the proposed amendments are shown in Map 8 on page 4.
Ordinance 1337 - Exhibit A
Letter of Transmittal – 2022 Amendments to Comprehensive Plan Map and Zoning Map 2
1. Chehalis Breen UGA Amendment
2. Chehalis Westlund-Enbody UGA Amendment
3. Centralia UGA Amendment
Location: Hamilton Road and Interstate 5 Summary: The City of Chehalis requests the UGA be expanded to include the 109.8 acres site shown in Map 1. The intended future land use of the site is mixed commercial and residential use, including multi-family residential. The site could accommodate 456 new residential dwelling units. Planning Commission Recommendation: Approve – 2, Reject – 5 Planning Commission Rationale: The majority voted to reject due to potential impact on traffic at Interstate 5 Exit 72, significant existing flooding at and near the site and current agricultural uses. The dissenting vote to approve the request was based on the ability of future development permitting to address traffic and the environmental concerns, not designated resource land, and the placement of a conservation easement on the flood area.
Location: Jackson Highway and Rush/Kirkland Road Summary: The City of Chehalis requests the UGA be expanded to include the 247 acres site shown in Map 2. The intended future land use of the site is mixed commercial and residential use, including multi-family residential. The site could accommodate 1,224 new residential dwelling units. Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: Although the Westlund-Enbody site is near the Breen site and could contribute to traffic congestion at Interstate 5 Exit 72, the Westlund-Enbody site is on Jackson Highway, providing a secondary route for potential traffic. Kirkland Road provides a third option. The size of the site is large enough to reasonably address flooding through a conservation easement.
Location: Graf/Military Road and Scheuber Road South Summary: The City of Centralia requests the UGA be expanded to include the 45.17 acres site shown in Map 3. The intended future land use of the site is low density residential with a zoning designation of R4 (4 units per acre). The site could accommodate 80 new residential dwelling units. Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: There is no floodplain on the site and localized surface flooding can be addressed during future development permit processes.
Ordinance 1337 - Exhibit A
Letter of Transmittal – 2022 Amendments to Comprehensive Plan Map and Zoning Map 3
4.Mineral Lake YMCA Rezone
5.Good-Avapollo Mining Opt-In Rezone
6.De Goede Rezone
Location: Mineral Lake, Mineral Hill Road Summary: The YMCA of Greater Seattle has requested to establish a Master Planned Resort (MPR) overlay zone designation on approximately 500 acres. The intended use of the land is to establish a youth and family over-night camping facility for 400 campers and 100 staff. There is a Development Agreement with this proposal (see Attachment 4). Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: A youth camp is the highest and best use for the site. Project-specific impacts including traffic, emergency services, water and septic, environmental impacts and cultural resources will be addressed through future project permit processes.
Location: Brim Road and Spencer Road Summary: The Good and Avapollo Land Corporation requested to rezone 443.5 acres from Agricultural Resource Land (ARL) to Mineral Resource Land (MRL). The intended use of the land if rezoned to MRL is to develop surface mining of gravel, sand, and cobbles. Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: The site has the ability to produce useable gravel, sand and cobbles with an estimated commercial value of $260M. Off-site impacts are minimized due to the location and the relatively large size of adjacent lots (>10 acres). Project-specific impacts will be addressed through future local and state permitting processes.
Location: Mossyrock, north of Highway 12 Summary: De Goede Bulb Farm has requested to amend the Comprehensive Plan classification from Resource Land to Other Rural Land (non-resource) and to rezone the parcel from Agricultural Resource Land (ARL) to Rural Development District 5 (RDD-5). The request is being made because the parcel is not suitable for agricultural uses due to steepness. Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: The site is not suitable for agricultural uses; therefore, the ARL designation is in error. This amendment corrects that error. Project-specific impacts to local roads and access for fire equipment will be addressed through future project permit processes.
Ordinance 1337 - Exhibit A
Letter of Transmittal – 2022 Amendments to Comprehensive Plan Map and Zoning Map 4
7.Adna Grocery Store Rezone
Location: Bunker Creek Road Summary: The Smiths requested to amend the Comprehensive Plan classification from Resource Land to Small Community (non-resource) and to rezone the site from Agricultural Resource Land (ARL) to Small Town Mixed Use (STMU). The existing use is a grocery store and gas station. Future intended uses will remain the same but would be conforming with the zone change. Planning Commission Recommendation: Approve – 7, Reject – 0 Planning Commission Rationale: It was an error that the Adna Grocery Store, which has existed since before Lewis County was required to plan under GMA, was excluded from the Type I LAMIRD. This amendment corrects that error.
Ordinance 1337 - Exhibit A
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 12
A. SUMMARY
The City of Chehalis requested a urban growth area (UGA) expansion to accommodate the 2040 population forecast of 11,230 people (Map 1). The site is 109.8 acres bound on the north by Hamilton Road and east by Interstate 5. The intended future land use of the site as stated by the City of Chehalis would be mixed commercial and residential use, including multi-family residential. The site would accommodate 456 new residential dwelling units. The site is zoned RDD-20 (Map 1). The zoning regulations allow single family residential uses as well as agricultural uses, which is the current use of the site. The Newaukum River flows through the site and the floodplain plus associated wetlands cover approximately half of the site. The GMA rules do not allow expansion of a city UGA to include the floodplain except under specific conditions. To meet those conditions, the City of Chehalis proposed placing the entire floodplain in a conservation easement to prevent development on that portion of the site.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on July 26, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted five to two that due to the potential impacts of future development at this location on traffic and flooding, the Lewis County Planning Commission finds that the City of Chehalis Breen proposal to expand the UGA to include parcel 017904002002 is not in the public’s best interest and recommend that the BOCC reject the proposal.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 2 of 12
The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Dissenting Vote – The two commissioners that voted to approve the UGA expansion stated that both the Breen and Westlund-Enbody proposals have similar issues related to traffic and flooding. There is no proposed development associated with a UGA expansion therefore future impacts are only generalized. If the area were included in the UGA and then annexed by the city, the developer would be required to meet all local and state rules including addressing traffic impacts and meeting critical area and shoreline requirements. 2. Majority Vote – The five commissioners that voted to reject the UGA expansion state that there are different circumstances between the Breen and Westlund-Enbody proposals. Breen has only one entrance and exit from Hamilton Road. Increased traffic from the development will exacerbate congestion at the Interstate 5 Exit 72. Before expanding the UGA to include the Breen site, the existing traffic issues should be addressed by the state, cities and county. After congestion is mitigated, the UGA expansion could be reconsidered. Further, there is significant flooding in this location that impacts properties around the Breen site, as evident by the recent large flood events. The Breen site may not be the best location to put an additional 465 homes. Finally, although the Breen site is zoned RDD-20, not ARL, the property has been used for farming for many years. Properties surrounding the site are also used for farming, including those properties zoned as ARL land. The best use of the Breen site might be to preserve the rural character and farming uses. C. STAFF ANALYSIS The approval criteria that Planning Commission and BOCC are required to use to determine if a Comprehensive Plan map amendment can be approved are listed below. After each criterion, staff have provided a finding to help the Board of County Commissioners assess if the criterion is met. (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. Please see Section D of this report. Based the findings in Section D, the proposed amendment conforms to the requirements of the Growth Management Act, is consistent with county-wide planning policies and the Lewis County Comprehensive Plan, and is consistent with the adopted Interlocal Agreement between the City of Chehalis and Lewis County. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 3 of 12
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can
accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. The proposed UGA expansion will add 110 acres, of which 38 acres are available for development (accounting for critical areas). The proposed future land use proposes residential development at 12 units per acre. Therefore, the proposed UGA expansion area can accommodate 456 new units. Therefore, this criterion is met. (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 The requested expansion is based on the needs analysis, which demonstrates that the adopted 20-year population forecast for the City of Chehalis cannot be accommodated within the current city limits and UGA. The expansion will not change the rate or distribution of population growth, employment growth or development as envisioned in the Comprehensive Plan. The land is currently zoned Residential Development District 20 (1 unit per 20 acres). Because the land is not resource land, it is not a conversion of land from resource land to non-resource land; rather it would remain residential with an increased allowed density based on the population forecast. Therefore, this criterion is met. (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. The City of Chehalis has demonstrated adequacy of public services including water, sewer, stormwater, electrical and transportation services. The City of Chehalis will coordinated with the Chehalis School District and Lewis County Fire District #5 at the time of annexation to ensure adequacy of services. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. The site is not designated agricultural, forest or mineral resource land. Thus, there is no impact. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. The City of Chehalis UGA boundary is located along Hamilton Road/Interstate 5 and would be expanded to include one large parcel. Similar zoning is anticipated between the existing UGA and
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 4 of 12
expanded UGA. The expansion of the UGA and future zoning will not create an island of land use that is not similar to that surrounding it. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Lewis County Community Development
webpage https://lewiscountywa.gov/departments/community-development/rezones/comprehensive-plan-and-development-regulation-amendments/ SEPA Public Comments SEPA Determination Planning Commission Public Hearing Meeting Notes Planning Commission Public Testimony City of Chehalis Breen UGA Proposal The following supporting documents are available on the City of Chehalis webpage https://www.ci.chehalis.wa.us/building/chehalis-comprehensive-plan City of Chehalis Capital Improvement Plan (2017) City of Chehalis Water System Plan (2012) Chehalis, Napavine & Lewis County Sewer District #1 Sewer Plan (2001)
E. FINDINGS OF FACT
I. Growth Management Act
RCW 36.70A.110 & WAC 365-196-325 (2) Based upon the growth management population projection made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical
reserve. As part of this planning process, each city within the county must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 5 of 12
The proposed UGA expansion will add 110 acres, of which 38 acres are available for development (accounting for infrastructure need and market factors). The proposed future land use proposes residential development at 12 units per acre. Therefore, the proposed UGA expansion area can
accommodate 456 new units. Therefore, this criterion is met. (8)(a) Except as provided in (b) of this subsection, the expansion of an urban growth area is prohibited into the one hundred year floodplain of any river or river segment that: (i) Is located west of the crest of the Cascade mountains; and (ii) has a mean annual flow of one thousand or more cubic feet per second
as determined by the department of ecology. (iii) Urban growth area expansions where: (C)(1) The permissible use of the land is limited to one of the following: Outdoor recreation; environmentally beneficial projects, including but not limited to habitat enhancement or environmental restoration; stormwater facilities; flood control facilities; or underground conveyances.
As a condition of approval, the floodplain must be placed in a conservation easement at the time of development. The conservation easement must limit use to allow outdoor recreation, environmental enhancement or restoration, flood control, stormwater management or underground conveyances; no residential or commercial development will be allowed in the conservation easement. Therefore this criterion is met.
RCW 36.70A.210 & WAC 365-196-305 (3) Relationship to comprehensive plans. The comprehensive plans of counties and cities must comply with both the county-wide planning policies and the act. Any requirements in a county-wide planning policy do not replace requirements in the act or any other state or federal law or regulation.
Please refer to Lewis County Comprehensive Plan findings. WAC 365-196-320 (3) Coordination of planning in urban growth areas. (a) The capital facilities element and transportation
element of the county or city comprehensive plan must show how adequate public facilities will be provided and by whom. If the county or city with land use authority over an area is not the provider of urban services, a process for maintaining consistency between the land use element and plans for infrastructure provision should be developed consistent with the county-wide planning policies. (b) If a city is the designated service provider outside of its municipal boundaries, the city capital facilities
element must also show how urban services will be provided within their service area. This should include incorporated areas and any portion of the urban growth area that it is assigned as a service area or potential annexation area designated under RCW 36.70A.110(7). See WAC 365-196-415 for information on the capital facilities element.
The infrastructure information related to water, sewer and transportation is the same for both the Chehalis Breen and Westlund-Enbody UGA expansion proposals. The two areas are within the same service areas.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 6 of 12
Water The City has identified areas within the infrastructure that will be an impediment to providing water to
the expansion area. There are two areas that need upgrading. The pump station at 18th Street as well as upgrading water lines from the pump station to handle more capacity. In addition, a water main extension along Bishop Road for approximately 1,000 feet is needed. These necessary improvements are identified in the 2012 Water System Plan and the 2022 Capital Improvement Plan. The City has also captured these items in the proposed Chehalis Water System Plan that is currently being reviewed by
the Washington Department of Health. The source of funding for water system upgrades will be covered through the General Fund, grants and loans, and the developers. The City’s current water treatment plant is designed to produce 4.8 million gallons per day (MGD) during extremely favorable conditions, which are determined by water flow and water quality. Typically,
the City draws 1.37 MGD, leaving 3.4 MGD for growth. Sewer Lewis County Sewer District 4 (LCSW4) currently serves this area with sewer service. They purchase capacity from the City of Chehalis to accommodate new customers. The City also performs maintenance on District 4 lines and equipment under an interlocal agreement. LCSD4 will need to upgrade a grinder pump located on Jackson Highway just north of Yates Road. LCSD4 has had plans to perform this upgrade for several years. They have the funding to pay for the work within their current budget. At this time, the City and Lewis County Sewer District 4 are in conversations to discuss the possibility of the City absorbing the LCSD4. Chehalis Regional Water Reclamation Facility (CRWRF) has a maximum average monthly effluent water reuse discharge of 3.5 million gallons per day (MGD) during “dry weather” when the Chehalis River is
below 1000 cubic feet per second on a 7-day average. The average annual flow in dry weather during 2020 was 1.36 MGD, serving 2,950 households. This leaves 2.13 MGD dry weather discharge which is 1.612 MGD before a design upgrade is required. Plans to upgrade the current system will be triggered if any of the design criteria exceed 85% for 3 consecutive months or is predicted within the next 5 years to exceed 85%, as per DOE standards.
The City of Chehalis serves sewer needs throughout the City and UGA under the Chehalis, Napavine, Lewis County Sewer District #1 General Sewer Plan, 2001. This plan is slated to be updated in 2025. The City has sufficient capacity within the treatment plant to serve the expansion area. If development triggers the need for infrastructure improvements, the developer will be responsible for paying and
installing it. Transportation
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 7 of 12
The site is accessed by Hamilton Road. If the area is added to Chehalis’s UGA, the county 6-year Transportation Plan will be updated to include necessary road improvements. Road improvements would happen at two different times:
1. The Interlocal Agreement for co-management states that Lewis County is responsible for road repair until such time as the site is annexed. 2. When the properties are annexed and developed, road improvements will be required through Chehalis City Code as part of a new subdivision project.
Therefore this criterion is met. (4) Level of financial certainty required when establishing urban growth areas. (a) Any amendment to an urban growth area must be accompanied by an analysis of what capital facilities investments are necessary to ensure the provision of adequate public facilities. (b) If new or upgraded facilities are
necessary, counties and cities must amend the capital facilities and transportation elements to maintain consistency with the land use element. (c) The amended capital facilities and transportation elements must identify those new or expanded facilities and services necessary to support development in new urban growth areas. The elements must also include cost estimates to determine the amount of funding necessary to construct needed facilities. (d) The capital facilities and transportation elements should
identify what combination of new or existing funding will be necessary to develop the needed facilities. Funding goals should be based on what can be raised by using existing resources. Use of state and federal grants should be realistic based on past trends unless the capital facilities element identifies new programs or an increased amount of available funding from state or federal sources. (e) If funding available from existing sources is not sufficient, counties and cities should use development phasing
strategies to prevent the irreversible commitment of land to urban development before adequate funding is available. Development phasing strategies are described in WAC 365-196-330. Counties and cities should then implement measures needed to close the funding gap. (f) When considering potential changes to the urban growth area, counties should require that any proposal to expand the urban growth area must include necessary information to demonstrate an ability to provide adequate public
facilities to any potential new portions of the urban growth area. Water: The source of funding for water system upgrades will be covered through the General Fund, grants and loans, and the developers. Therefore, this criterion is met.
Sewer: LCSD4 will need to upgrade a grinder pump located on Jackson Highway just north of Yates Road. LCSD4 has the funding to pay for the work within their current budget. The developer will be responsible for paying and installing sewer infrastructure at the time of development. Therefore, this criterion is met.
II. Lewis County Countywide Planning Policies
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 8 of 12
1 Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
1.0 Urban growth shall be encouraged within cities and their designated urban growth boundaries or other areas in the County characterized by urban growth and areas approved as industrial master planned areas, MRPs, and as new fully contained communities pursuant to RCW 36.70A.350. The proposal is an expansion of the Chehalis UGA to accommodate housing need based on the 20-year
population forecast. Urban growth will occur with mixed commercial and residential uses, including multi-family residential. Therefore, this planning policy is met. 1.1 Cities and towns and all urban growth areas shall include areas and residential densities (except for industrial master planned areas) sufficient to accommodate the majority of the County's adopted
20-year population projection. A portion of the county's 20-year population projection shall be allocated to new fully contained communities pursuant to RCW 36.70A.350(2). Annual adjustments may be made when supported by appropriate data. The proposal is an expansion of the Chehalis UGA to accommodate housing need based on the 20-year
population forecast. Therefore, this planning policy is met. 1.2 Land use planning for the urban growth areas should provide for urban densities of mixed uses (except for industrial master planned areas) where logical and existing and/or planned urban services are available. Affordable housing policies and urban density policies should have equal value in
evaluating and/or planning new or expanded housing areas. Urban growth will occur at with mixed commercial and residential uses, including multi-family residential. Therefore this planning policy is met.
1.3 Urban Growth Area boundaries for cities and towns will include the entire rights of way of public streets, roads or highways. And, where right of way is insufficient to implement design standards or other such considerations, may follow natural or logical parcel boundaries. The UGA proposal includes the entire right of way of Hamilton Road adjacent to the site. Therefore, this
planning policy is met. 1.4 Seek to ensure that development in the unincorporated Urban Growth Areas of cities conforms to applicable City development regulations.
The City of Chehalis and Lewis County currently have an Interlocal Agreement that defines the application of development regulations. Therefore, this planning policy is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 9 of 12
1.5 All jurisdictions whose UGA boundaries adjoin Interstate 5 or other U.S. Highways shall work towards establishing consistent development standards to protect and enhance a locally significant desired community image along the Interstate 5 or U.S. Highway corridors.
The site adjoins Interstate 5. The City of Chehalis’s UGA and city limits already include Interstate 5. Continued collaboration between the City of Chehalis and WSDOT is anticipated. Therefore, this planning policy is met.
1.6 The County and those cities whose UGA boundaries adjoin the Interstate 5 and U.S. Highway corridors shall work with the Washington State Department of Transportation (WSDOT) to develop minimum landscape standards for interchanges along the Interstate 5 and U.S. Highways. The site adjoins Interstate 5. The City of Chehalis’s UGA and city limits already include Interstate 5.
Continued collaboration between the City of Chehalis and WSDOT is anticipated. Therefore, this planning policy is met. 1.9 The County and cities shall inform the appropriate jurisdictions concerning proposed development or activities that would impact urban resources and/or urban growth areas.
All service providers will be informed of the proposed UGA amendment through Notice of Hearing for the Planning Commission and the SEPA review process. Therefore, the proposed amendment is consistent with this planning policy.
1.10 The County and Cities shall collaborate to provide a mechanism for siting and maintaining both existing and new essential public facilities including: a. Sewage treatment and municipal water facilities b. Solid Waste Facilities c. Port District/PDA industrial facilities
d. Airport locations e. Other essential public facilities as identified under GMA Please refer to Growth Management Act findings.
1.11 The County, in collaboration with the cities, shall establish a level of service inside unincorporated UGAs. The City of Chehalis and Lewis County currently have an Interlocal Agreement related to the unincorporated UGA. Therefore, this planning policy is met.
1.12.1 Based on growth management population projections made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 10 of 12
sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include reasonable land market supply factor
and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive planning process to make many choices about accommodating growth. Please refer to Growth Management Act findings.
1.12.2 The provision of an adequate supply of land available for urban intensities of development shall be available to accommodate the population and economic growth of Lewis County. Please refer to Growth Management Act findings.
1.12.3 The expansion of urban growth areas shall be given priority when need is demonstrated by the local jurisdictions and the lands that are to be incorporated into a UGA exhibit conditions consistent with RCW 36.70A.110. The extension of UGA boundaries into resource lands of long-term commercial significance should be avoided unless no practical alternative exists.
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. The site is currently zoned for rural residential development, RDD-20, and is not a conversion of
resource land. Therefore, this planning policy is met. 1.12.4 Requests for Amendments to Urban Growth Areas in the Comprehensive Plan will be reviewed according to the following criteria, as set forth in RCW 36.70A.130(3): a. Determination of needed land i. Are the overall UGA’s in the county large enough e.g. is the land existing in inventory of lands within the existing UGA adequate in quantity to accommodate the County’s 20-year population and employment forecasts at urban densities? ii. Is there an inventory of development including vacant land, underdeveloped lands and land where development is likely? iii. Is there land within the UGA that can accommodate the urban services needed for urban densities? iv. Are there lands outside the incorporated Cities or their associated UGAs that currently exhibit an urban density and urban character? b. Consistency with GMA objectives i. Is the amendment made necessary by an emergency that can be eliminated by the extension of urban level of service? ii. What impact would the amendment have on the existing level of services within the UGA?
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 11 of 12
iii. What is the ability to provide services within the UGA? iv. Will the contemplated amendment result in any environmental degradation? v. Does the amendment being considered comply with the objectives of the GMA; does it promote sprawl or does it hinder development within the UGA at an urban density? vi. Is the amendment consistent with the County Comprehensive Plan and other plans of affected jurisdictions?
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195
units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. Please also refer to Growth Management Act findings. Therefore, this planning policy is met.
11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meet all applicable state laws. The process meets planning policies.
2022-06-01 Planned Growth Committee Meeting
2022-06-28 Lewis County Planning Commission Workshop 2022-07-26 Lewis County Planning Commission Public Hearing August SEPA Determination Issued and posted to:
• The Chronicle • Properties within 500 feet of subject properties
• Parties to the Record • SEPA Register • Interagency Review list
• Tribal Review list • School District
• Fire District • On Site • On Lewis County Community Development Website
September Comments on SEPA Determination due September SEPA Appeals due
November Board of County Commissioners Public Hearing 12 Public Facilities and Services. Ensure that those public facilities and services necessary to
support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established
minimum standards.
Ordinance 1337 - Exhibit A
ATTACHMENT 1: CHEHALIS BREEN UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 12 of 12
Please refer to Growth Management Act findings. III. Lewis County Comprehensive Plan
1.1 Classify and size urban growth areas based on RCW 36.70A.110. Please refer to Growth Management Act findings.
1.2 Ensure that sufficient area is included in urban growth areas to accommodate the county’s adopted 20-year population forecast, to allow for market choice and location preferences, and to provide for economic development opportunities. Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred
to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. Therefore, this policy is met. 1.3 Confirm that the location and size of urban growth areas match the capability of the
affected community to serve the areas with urban levels of governmental services. See findings for WAC 365-196-320. 1.4 Consider the provision of greenbelt and open space areas, fish and wildlife habitat,
migration routes, floodways, corridors associated with flooding rivers and related streams, and other environmentally sensitive areas when determining the land requirements for urban growth areas. As a condition of approval, the floodplain must be placed in a conservation easement at the time of
development. The conservation easement must limit use to allow outdoor recreation, environmental enhancement or restoration, flood control, stormwater management or underground conveyances; no residential or commercial development will be allowed in the conservation easement. Therefore, this policy is met.
2.1 Accommodate more intense types of commercial, industrial, and residential land use, and their associated public facilities in urban growth areas. The future land use of the site will be mixed commercial and residential use, including multi-family residential. Therefore, this policy is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 13
A. SUMMARY
The City of Chehalis requested a urban growth area (UGA) expansion to accommodate the 2040 population forecast of 11,230 people. The site is 247 acres, consisting of eight parcels (017873003000, 017880001003, 017880001001, 017880001002, 017846003006, 017846001006, 017846003002, 017846001005, 017874001000) bound on the east by Jackson Highway and south by Rush/Kirkland Road (Map 1). The intended future land use of the site as stated by the City of Chehalis would be mixed commercial and residential use, including multi-family residential. The site would accommodate 1,224 new residential dwelling units.
The site is zoned RDD-5 (Map 1). Most of the site is the Newaukum Golf Course and the western parcel is currently being used for agricultural purpose. The Newaukum River flows through the site and the floodplain plus associated wetlands cover roughly half of the site. The GMA rules do not allow expansion of a city UGA to include the floodplain except under specific conditions. To meet those conditions, the City of Chehalis proposed placing the entire floodplain in a conservation easement to prevent development on that portion of the site.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on July 26, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to amend the Lewis County Comprehensive Plan to
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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expand the City of Chehalis Urban Growth Area to include the following parcels: 017873003000, 017880001003, 017880001001, 017880001002, 017846003006, 017846001006, 017846003002, 017846001005, and 017874001000. Map 2 shows the updated Lewis County Comprehensive Plan map designation for the parcels listed above.
Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Traffic – Although the Westlund-Enbody site is near the Breen site (also an area of potential City of Chehalis UGA expansion) and could contribute to traffic congestion at Interstate 5 Exit 72, the
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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Westlund-Enbody site is on Jackson Highway, providing a secondary route for traffic created by future development. Kirkland Road provides a third option. Commissioners felt traffic could be mitigated at the time of development. 2. Floodplain – Applying a conservation easement to the floodplain at the Westlund-Enbody site will preserve the existing conditions. Due to the size of the site, the commissioners felt this was adequate for addressing flooding in this location. One commissioner suggested that the developer or the city perform resource enhancement within the floodplain and river to help restore fish habitat. 3. Public Interest – The City of Chehalis is required to provide sufficient land to accommodate their projected 20-year population growth. The Westlund-Enbody site is a better option at this time to accommodate growth and the development than the Breen site. C. STAFF ANALYSIS The approval criteria that Planning Commission and BOCC are required to use to determine if a comprehensive plan map amendment can be approved are listed below. After each criterion, staff have provided a finding to help the Board of County Commissioners assess if the criterion is met. (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. Based on the findings in Section E of this report, the proposed amendment conforms to the requirements of the Growth Management Act, is consistent with county-wide planning policies and the Lewis County Comprehensive Plan, and is consistent with the adopted Interlocal Agreement between the City of Chehalis and Lewis County. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units
(referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. The proposed UGA expansion will add 259 acres, of which 102 acres are available for development (accounting for critical areas). The proposed future land use proposes residential development at 12 units per acre. Therefore, the proposed UGA expansion area can accommodate 1,224 new units. Therefore, this criterion is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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(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 The requested expansion is based on the needs analysis, which demonstrates that the adopted 20-year population forecast for the City of Chehalis cannot be accommodated within the current city limits and UGA. The expansion will not change the rate or distribution of population growth, employment growth or development as envisioned in the Comprehensive Plan. The land is currently zoned Residential Development District 5 (1 unit per 5 acres). Because the land is not resource land, it is not a conversion of land from resource land to non-resource land; rather it would remain residential with an increased allowed density based on the population forecast. Therefore, this criterion is met. (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. The City of Chehalis has demonstrated adequacy of public services including water, sewer, and transportation services. Please see Attachment D, Findings of Fact, and supporting capital facilities plans listed in Attachment C. The City of Chehalis will coordinated with the Chehalis School District and Lewis County Fire District #5 at the time of annexation to ensure adequacy of services. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. The site is not designated agricultural, forest or mineral resource land. Thus, there is no impact. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. The City of Chehalis’s UGA boundary is located along Jackson Highway and would be expanded to include 8 large parcels. Similar zoning is anticipated between the existing UGA and expanded UGA. The expansion of the UGA and future zoning will not create an island of land use that is not similar to that surrounding it. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Lewis County Community Development webpage: https://lewiscountywa.gov/departments/community-development/rezones/comprehensive-plan-and-development-regulation-amendments/
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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SEPA Public Comments SEPA Determination Planning Commission Public Hearing Meeting Notes Planning Commission Public Testimony City of Chehalis Westlund-Enbody Corrected Proposal The following supporting documents are available on the City of Chehalis webpage: https://www.ci.chehalis.wa.us/building/chehalis-comprehensive-plan City of Chehalis Capital Improvement Plan (2017) City of Chehalis Water System Plan (2012) Chehalis, Napavine & Lewis County Sewer District #1 Sewer Plan (2001) E. FINDINGS OF FACT
I. Growth Management Act
RCW 36.70A.110 & WAC 365-196-325
(2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding
twenty-year period, except for those urban growth areas contained totally within a national historical reserve. As part of this planning process, each city within the county must include areas sufficient to
accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. The proposed UGA expansion will add 259 acres, of which 102 acres are available for development (after deducting critical areas). The proposed future land use proposes residential development at 12 units per acre. Therefore, the proposed UGA expansion area can accommodate 1,224 new units. Therefore, this criterion is met. (8)(a) Except as provided in (b) of this subsection, the expansion of an urban growth area is prohibited into the one hundred year floodplain of any river or river segment that: (i) Is located west of the crest of the Cascade mountains; and (ii) has a mean annual flow of one thousand or more cubic feet per second
as determined by the department of ecology. (iii) Urban growth area expansions where: (C)(1) The permissible use of the land is limited to one of the following: Outdoor recreation; environmentally
Ordinance 1337 - Exhibit A
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beneficial projects, including but not limited to habitat enhancement or environmental restoration; stormwater facilities; flood control facilities; or underground conveyances.
As a condition of approval, the floodplain must be placed in a conservation easement at the time of development. The conservation easement must limit use to allow outdoor recreation, environmental enhancement or restoration, flood control, stormwater management or underground conveyances; no residential or commercial development will be allowed in the conservation easement. Therefore, this criterion is met.
RCW 36.70A.210 & WAC 365-196-305 (3) Relationship to comprehensive plans. The comprehensive plans of counties and cities must comply with both the county-wide planning policies and the act. Any requirements in a county-wide planning policy do not replace requirements in the act or any other state or federal law or regulation.
Please refer to Lewis County Comprehensive Plan findings. WAC 365-196-320 (3) Coordination of planning in urban growth areas. (a) The capital facilities element and transportation
element of the county or city comprehensive plan must show how adequate public facilities will be provided and by whom. If the county or city with land use authority over an area is not the provider of urban services, a process for maintaining consistency between the land use element and plans for infrastructure provision should be developed consistent with the county-wide planning policies. (b) If a city is the designated service provider outside of its municipal boundaries, the city capital facilities
element must also show how urban services will be provided within their service area. This should include incorporated areas and any portion of the urban growth area that it is assigned as a service area or potential annexation area designated under RCW 36.70A.110(7). See WAC 365-196-415 for information on the capital facilities element.
The infrastructure information related to water, sewer and transportation is the same for both the Chehalis Breen and Westlund-Enbody UGA expansion proposals. The two areas are within the same service areas. Water
The City has identified areas within the infrastructure that will be an impediment to providing water to the expansion area. There are two areas that need upgrading. The pump station at 18th Street as well as upgrading water lines from the pump station to handle more capacity. In addition, a water main extension along Bishop Road for approximately 1,000 feet is needed. These necessary improvements
are identified in the 2012 Water System Plan and the 2022 Capital Improvement Plan. The City has also
captured these items in the proposed Chehalis Water System Plan that is currently being reviewed by the Washington Department of Health. The source of funding for water system upgrades will be covered through the General Fund, grants and loans, and the developers.
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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The City’s current water treatment plant is designed to produce 4.8 million gallons per day (MGD) during extremely favorable conditions, which are determined by water flow and water quality. Typically, the city draws 1.37 MGD. This leaves 3.4 MGD for growth. Sewer Lewis County Sewer District 4 (LCSW4) currently serves this area with sewer service. They purchase capacity from the City of Chehalis to accommodate new customers. The City also performs maintenance on District 4 lines and equipment under an interlocal agreement. LCSD4 will need to upgrade a grinder pump located on Jackson Highway just north of Yates Road. LCSD4 has had plans to perform this upgrade for several years. They have the funding to pay for the work within their current budget. At this time, the City and Lewis County Sewer District 4 are in conversations to discuss the possibility of the City absorbing the LCSD4.
Chehalis Regional Water Reclamation Facility (CRWRF) has a maximum average monthly effluent water reuse discharge of 3.5 million gallons per day (MGD) during “dry weather” when the Chehalis River is
below 1000 cubic feet per second on a 7-day average. The average annual flow in dry weather during 2020 was 1.36 MGD, serving 2950 households. This leaves 2.13 MGD dry weather discharge which is 1.612 MGD before a design upgrade is required. Plans to upgrade the current system will be triggered if
any of the design criteria exceed 85% for 3 consecutive months or is predicted within the next 5 years to exceed 85%, as per DOE standards.
The City of Chehalis serves sewer needs throughout the City and UGA under the Chehalis, Napavine, Lewis County Sewer District #1 General Sewer Plan, 2001. This plan is slated to be updated in 2025. The City has sufficient capacity within the treatment plant to serve the expansion area. If development triggers the need for infrastructure improvements, the developer will be responsible for paying and installing it.
Transportation The site will be accessed by Jackson Highway, Kirkland Road and Maurin Road. When the area is annexed, the City of Chehalis 6-year Transportation Plan will be updated to include necessary road improvements. Road improvements would happen at two different times:
1. The Interlocal Agreement for co-management states that Lewis County is responsible for road repair until such time as the site is annexed.
2. When the properties are annexed and developed, road improvements will be required through Chehalis City Code as part of a new subdivision project. Therefore, this criterion is met. (4) Level of financial certainty required when establishing urban growth areas. (a) Any amendment to an urban growth area must be accompanied by an analysis of what capital facilities investments are necessary to ensure the provision of adequate public facilities. (b) If new or upgraded facilities are
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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necessary, counties and cities must amend the capital facilities and transportation elements to maintain consistency with the land use element. (c) The amended capital facilities and transportation elements must identify those new or expanded facilities and services necessary to support development in new
urban growth areas. The elements must also include cost estimates to determine the amount of funding necessary to construct needed facilities. (d) The capital facilities and transportation elements should identify what combination of new or existing funding will be necessary to develop the needed facilities. Funding goals should be based on what can be raised by using existing resources. Use of state and federal grants should be realistic based on past trends unless the capital facilities element identifies new
programs or an increased amount of available funding from state or federal sources. (e) If funding available from existing sources is not sufficient, counties and cities should use development phasing strategies to prevent the irreversible commitment of land to urban development before adequate funding is available. Development phasing strategies are described in WAC 365-196-330. Counties and cities should then implement measures needed to close the funding gap. (f) When considering potential
changes to the urban growth area, counties should require that any proposal to expand the urban growth area must include necessary information to demonstrate an ability to provide adequate public facilities to any potential new portions of the urban growth area. Water: These necessary improvements are identified in the 2012 Water System Plan and the 2022 Capital Improvement Plan. The City has also captured these items in the proposed Chehalis Water System Plan that is currently being reviewed by the Washington Department of Health. The source of funding for water system upgrades will be covered through the General Fund, grants and loans, and the developers. Sewer: LCSD4 will need to upgrade a grinder pump located on Jackson Highway just north of Yates Road. LCSD4 has the funding to pay for the work within their current budget. The developer will be responsible for paying and installing sewer infrastructure at the time of development. Therefore, this criterion is met.
II. Lewis County Countywide Planning Policies
1 Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 1.0 Urban growth shall be encouraged within cities and their designated urban growth boundaries or other areas in the County characterized by urban growth and areas approved as industrial master planned areas, MRPs, and as new fully contained communities pursuant to RCW 36.70A.350. The proposal is an expansion of the Chehalis UGA to accommodate housing need based on the 20-year population forecast. Urban growth will occur with mixed commercial and residential uses, including multi-family residential. Therefore, this planning policy is met.
Ordinance 1337 - Exhibit A
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1.1 Cities and towns and all urban growth areas shall include areas and residential densities (except for industrial master planned areas) sufficient to accommodate the majority of the County's adopted 20-year population projection. A portion of the county's 20-year population projection shall be allocated to new fully contained communities pursuant to RCW 36.70A.350(2). Annual adjustments may be made when supported by appropriate data. The proposal is an expansion of the Chehalis UGA to accommodate housing need based on the 20-year population forecast. Therefore, this planning policy is met. 1.2 Land use planning for the urban growth areas should provide for urban densities of mixed uses (except for industrial master planned areas) where logical and existing and/or planned urban services are available. Affordable housing policies and urban density policies should have equal value in evaluating and/or planning new or expanded housing areas. Urban growth will occur with mixed commercial and residential uses, including multi-family residential. Therefore, this planning policy is met. 1.3 Urban Growth Area boundaries for cities and towns will include the entire rights of way of public streets, roads or highways. And, where right of way is insufficient to implement design standards or other such considerations, may follow natural or logical parcel boundaries. The UGA proposal includes the entire right of way of Hamilton Road adjacent to the site. Therefore, this planning policy is met. 1.4 Seek to ensure that development in the unincorporated Urban Growth Areas of cities conforms to applicable City development regulations. The City of Chehalis and Lewis County currently have an Interlocal Agreement that defines the application of development regulations. Therefore, this planning policy is met. 1.5 All jurisdictions whose UGA boundaries adjoin Interstate 5 or other U.S. Highways shall work towards establishing consistent development standards to protect and enhance a locally significant desired community image along the Interstate 5 or U.S. Highway corridors. The site does not adjoin Interstate 5 or US Highways. Therefore, this planning policy is met. 1.6 The County and those cities whose UGA boundaries adjoin the Interstate 5 and U.S. Highway corridors shall work with the Washington State Department of Transportation (WSDOT) to develop minimum landscape standards for interchanges along the Interstate 5 and U.S. Highways. The site does not adjoin Interstate 5 or US Highways. Therefore, this planning policy is met. 1.9 The County and cities shall inform the appropriate jurisdictions concerning proposed
Ordinance 1337 - Exhibit A
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development or activities that would impact urban resources and/or urban growth areas. All services providers will be informed of the proposed UGA amendment through Notice of Hearing for the Planning Commission and the SEPA review process. Therefore, the proposed amendment is consistent with this planning policy. 1.10 The County and Cities shall collaborate to provide a mechanism for siting and maintaining both existing and new essential public facilities including: a. Sewage treatment and municipal water facilities b. Solid Waste Facilities c. Port District/PDA industrial facilities d. Airport locations e. Other essential public facilities as identified under GMA Please refer to Growth Management Act findings. 1.11 The County, in collaboration with the cities, shall establish a level of service inside unincorporated UGAs. The City of Chehalis and Lewis County currently have an Interlocal Agreement related to the unincorporated UGA. Therefore, this planning policy is met. 1.12.1 Based on growth management population projections made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive planning process to make many choices about accommodating growth. Please refer to Growth Management Act findings. 1.12.2 The provision of an adequate supply of land available for urban intensities of development shall be available to accommodate the population and economic growth of Lewis County. Please refer to Growth Management Act findings. 1.12.3 The expansion of urban growth areas shall be given priority when need is demonstrated by the local jurisdictions and the lands that are to be incorporated into a UGA exhibit conditions consistent with RCW 36.70A.110. The extension of UGA boundaries into resource lands of long-term commercial significance should be avoided unless no practical alternative exists.
Ordinance 1337 - Exhibit A
ATTACHMENT 2: CHEHALIS WESTLUND-ENBODY UGA AMENDMENT
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Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. The site is currently zoned for rural residential development, RDD-5, and is not a conversion of resource land. Therefore, this planning policy is met. 1.12.4 Requests for Amendments to Urban Growth Areas in the Comprehensive Plan will be reviewed according to the following criteria, as set forth in RCW 36.70A.130(3): a. Determination of needed land i. Are the overall UGA’s in the county large enough e.g. is the land existing in inventory of lands within the existing UGA adequate in quantity to accommodate the County’s 20-year population and employment forecasts at urban densities? ii. Is there an inventory of development including vacant land, underdeveloped lands and land where development is likely? iii. Is there land within the UGA that can accommodate the urban services needed for urban densities? iv. Are there lands outside the incorporated Cities or their associated UGAs that currently exhibit an urban density and urban character? b. Consistency with GMA objectives i. Is the amendment made necessary by an emergency that can be eliminated by the extension of urban level of service? ii. What impact would the amendment have on the existing level of services within the UGA? iii. What is the ability to provide services within the UGA? iv. Will the contemplated amendment result in any environmental degradation? v. Does the amendment being considered comply with the objectives of the GMA; does it promote sprawl or does it hinder development within the UGA at an urban density? vi. Is the amendment consistent with the County Comprehensive Plan and other plans of affected jurisdictions? Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. Please also refer to Growth Management Act findings. Therefore, this planning policy is met. 11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meets all applicable state laws. The process meets planning policies. 2022-06-01 Planned Growth Committee Meeting
Ordinance 1337 - Exhibit A
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2022-06-28 Lewis County Planning Commission Workshop 2022-07-26 Lewis County Planning Commission Public Hearing August SEPA Determination Issued and posted to:
• The Chronicle
• Properties within 500 feet of subject properties
• Parties to the Record
• SEPA Register
• Interagency Review list
• Tribal Review list
• School District
• Fire District
• On Site
• On Lewis County Community Development Website
September Comments on SEPA Determination due September SEPA Appeals due November Board of County Commissioners Public Hearing
12 Public Facilities and Services. Ensure that those public facilities and services necessary to
support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
Please refer to Growth Management Act findings.
III. Lewis County Comprehensive Plan
1.1 Classify and size urban growth areas based on RCW 36.70A.110.
Please refer to Growth Management Act findings. 1.2 Ensure that sufficient area is included in urban growth areas to accommodate the county’s
adopted 20-year population forecast, to allow for market choice and location preferences, and to provide for economic development opportunities.
Chehalis’s 20-year population forecast is 11,230 people, which equates to 7,711 dwelling units (referred to hereafter as units). The land capacity analysis shows that the existing UGA can accommodate 1,195 units, leaving a need of 6,516 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2. Therefore, this policy is met. 1.3 Confirm that the location and size of urban growth areas match the capability of the affected community to serve the areas with urban levels of governmental services.
Ordinance 1337 - Exhibit A
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See findings for WAC 365-196-320. 1.4 Consider the provision of greenbelt and open space areas, fish and wildlife habitat,
migration routes, floodways, corridors associated with flooding rivers and related streams, and other environmentally sensitive areas when determining the land requirements for urban growth areas. As a condition of approval, the floodplain must be placed in a conservation easement at the time of
development. The conservation easement must limit use to allow outdoor recreation, environmental enhancement or restoration, flood control, stormwater management or underground conveyances; no residential or commercial development will be allowed in the conservation easement. Therefore, this policy is met.
2.1 Accommodate more intense types of commercial, industrial, and residential land use, and their associated public facilities in urban growth areas. The future land use of the site will be mixed commercial and residential use, including multi-family residential. Therefore, this policy is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
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A. SUMMARY
The City of Centralia has requested an expansion of their Urban Growth Area (UGA) boundary to accommodate the 2040 population forecast of 26,280 people. The site is 45.17 acres, consisting of 16 parcels, bound on the north by Graf/Military Road and east by Scheuber Road South (Map 1). The site is zoned RDD-5. The intended future land use of the site is low density residential with a zoning designation of R4 (4 units per acre).
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on July 26, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to amend the Lewis County Comprehensive Plan to expand the City of Centralia Urban Growth Area to include the following parcels: 021586003005, 021586003001, 010592007000, 010592006001, 010592008003, 021586004000, 021586003006, 010592005000, 010592004000, 010592003000, 010592002000, 010592001000, 021587001000, 021589005000, 021589004002, and 021589004001. Map 2 shows the updated Lewis County Comprehensive Plan map designation for the parcels listed above. Note – The right-of-way will also be included in the UGA designation.
Ordinance 1337 - Exhibit A
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Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Flooding – There is no floodplain on the site. Localized flooding is experienced on properties due to the soils not infiltrating well. The commission felt that this development-related impact could be addressed at the time of project permitting. 2. Stormwater – The Church of God, who owns parcel 021587001000, expressed concerns about stormwater management and who pays for stormwater treatment. It is important the future
Ordinance 1337 - Exhibit A
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development pay for facilities associated with stormwater management and that the burden not be placed on existing properties including the church. 3. Traffic – There is no proposed development associated with the UGA expansion therefore impacts on traffic are not evaluated at this time. If the area is included in the UGA, at the time of annexation and development, the developer will be required to do a traffic impact analysis.
C. STAFF ANALYSIS The approval criteria that Planning Commission and BOCC are required to use to determine if a Comprehensive Plan map amendment can be approved are listed below. After each criterion, staff have provided a finding to help the Board of County Commissioners assess if the criterion is met. (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. Based the findings in Section E, the proposed amendment conforms to the requirements of the Growth Management Act, is consistent with county-wide planning policies and the Lewis County Comprehensive Plan, and is consistent with the adopted Interlocal Agreement between the City of Centralia and Lewis County. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. Centralia’s 20-year population forecast is 26,280 people, which equates to 10,905 dwelling units
(referred to hereafter as units). The Land Capacity Analysis was adopted in 2018 (See Attachment C, Centralia Comprehensive Plan, Appendix D). The updated 2022 analysis shows that the existing UGA
can accommodate 6,842 units, leaving a need of 4,063 units by 2040 to meet the 20-year forecast. The proposed UGA expansion will add 45.17 acres, of which 20 acres are available for development (accounting for infrastructure need and market factors). The proposed future land use is low density residential development at 4 units per acre. Therefore, the proposed UGA expansion area can accommodate 80 new units. Therefore, this criterion is met. (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
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
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The requested expansion is based on the needs analysis, which demonstrates that the adopted 20-year population forecast for the City of Centralia cannot be accommodated within the current city limits and UGA. The expansion will not change the rate or distribution of population growth, employment growth or development as envisioned in the Comprehensive Plan. The land is currently zoned Residential Development District 5 (1 unit per 5 acres). Because the land is not resource land, it is not a conversion of land from resource land to non-resource land; rather it would remain residential with an increased allowed density based on the population forecast. Therefore, this criterion is met. (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. The City of Centralia has demonstrated adequacy of public services including water, sewer, stormwater, and transportation services. Please see Attachment D, Findings of Fact, and supporting capital facilities plans listed in Attachment C. The City of Centralia will coordinated with the Centralia School District and Riverside Fire Authority at the time of annexation to ensure adequacy of services. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. The site is not designated agricultural, forest or mineral resource land. Thus, there is no impact. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. The City of Centralia UGA boundary is located along Graf/Military Road and would be expanded to include contiguous 16 parcels. Similar zoning is anticipated between the existing UGA and expanded UGA. The expansion of the UGA and future zoning will not create an island of land use that is not similar to that surrounding it. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Lewis County Community Development webpage: https://lewiscountywa.gov/departments/community-development/rezones/comprehensive-plan-and-development-regulation-amendments/ SEPA Public Comments SEPA Determination Planning Commission Public Hearing Meeting Notes Planning Commission Public Testimony City of Centralia Proposal
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
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The following documents are available on the City of Centralia webpage: https://www.cityofcentralia.com/ 2017 City of Centralia Transportation Element 2018 City of Centralia Comprehensive Plan 2019 Centralia General Sewer/Facility Plan 2020 City of Centralia Electric Resource Plan 2021 Centralia Water System Plan 2021 Stormwater Management Program E. FINDINGS OF FACT
I. Growth Management Act
RCW 36.70A.110 & WAC 365-196-325
(2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding
twenty-year period, except for those urban growth areas contained totally within a national historical reserve. As part of this planning process, each city within the county must include areas sufficient to
accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.
Centralia’s 20-year population forecast is 26,280 people, which equates to 10,905 dwelling units
(referred to hereafter as units). The Land Capacity Analysis was adopted in 2018. The updated 2022 analysis shows that the existing UGA can accommodate 6,842 units, leaving a need of 4,063 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2 and Exhibit B.
The proposed UGA expansion will add 45.17 acres, of which 20 acres are available for development
(accounting for infrastructure need and market factors). The proposed future land use is low density residential development at 4 units per acre. Therefore, the proposed UGA expansion area can accommodate 80 new units. Therefore, this criterion is met.
(8)(a) Except as provided in (b) of this subsection, the expansion of an urban growth area is prohibited
into the one hundred year floodplain of any river or river segment that: (i) Is located west of the crest of the Cascade mountains; and (ii) has a mean annual flow of one thousand or more cubic feet per second as determined by the department of ecology. (iii) Urban growth area expansions where: (C)(1) The
permissible use of the land is limited to one of the following: Outdoor recreation; environmentally
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 6 of 12
beneficial projects, including but not limited to habitat enhancement or environmental restoration; stormwater facilities; flood control facilities; or underground conveyances.
There is no floodplain located within the proposed UGA expansion area. See Attachment A, Exhibit F. Therefore, this criterion is met. RCW 36.70A.210 & WAC 365-196-305 (3) Relationship to comprehensive plans. The comprehensive plans of counties and cities must comply
with both the county-wide planning policies and the act. Any requirements in a county-wide planning policy do not replace requirements in the act or any other state or federal law or regulation. Please refer to Lewis County Comprehensive Plan findings.
WAC 365-196-320 (3) Coordination of planning in urban growth areas. (a) The capital facilities element and transportation element of the county or city comprehensive plan must show how adequate public facilities will be provided and by whom. If the county or city with land use authority over an area is not the provider of urban services, a process for maintaining consistency between the land use element and plans for
infrastructure provision should be developed consistent with the county-wide planning policies. (b) If a city is the designated service provider outside of its municipal boundaries, the city capital facilities element must also show how urban services will be provided within their service area. This should include incorporated areas and any portion of the urban growth area that it is assigned as a service area or potential annexation area designated under RCW 36.70A.110(7). See WAC 365-196-415 for
information on the capital facilities element. Water The Centralia Water System has 4,039,195 gpd (gallon per day) capacity and based on an estimated 14,382 ERUs (residential units). The total need based on the 20-year forecast is 10,500 ERUs; therefore,
there is more capacity in the current system then is needed within the 20-year planning period. The additional load of the 45.17 acre UGA expansion will result in will 80 ERUs. Sewer The Centralia WWTP is currently rated for a maximum month flow of 5.5 mgd (million gallons
day), a maximum day flow of 8.6 mgd (2025-2030 or a population of 18,865-22,535), and a peak hour flow of 9.3 mgd (2025-2030 or a population of 18,865-22,535). That means without any upgrades to the plant the capacity can handle the additional residential units proposed for the UGA expansion. Development of the individual sewer connections from the future residential developments to the mainline will be the responsibility of those connecting to the city system.
Stormwater
Ordinance 1337 - Exhibit A
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If this area was brought into Centralia’s UGA it would be in two different city-designated stormwater sub-basins – the East Scammon Creek and the South Chehalis River. The City follows all requirements as per the Department of Ecology dealing with stormwater. All projects must design a stormwater system
that meets the requirements of the Department of Ecology storing water onsite. Transportation The site is accessed by two Lewis County roads: 1) Graf Road/Military Road – Major Collector, 25 mph speed limit; 2) S. Scheuber Road – Minor Arterial in Lewis County, 30 mph speed limit. Road
improvements could happen at two different times: 1. The Interlocal Agreement for co-management states that Lewis County is responsible for road repair until such time as the site is annexed. 2. When the properties are annexed and developed, road improvements will be required through Centralia City Code as part of a new subdivision project. Therefore, this criterion is met.
(4) Level of financial certainty required when establishing urban growth areas. (a) Any amendment to an urban growth area must be accompanied by an analysis of what capital facilities investments are
necessary to ensure the provision of adequate public facilities. (b) If new or upgraded facilities are necessary, counties and cities must amend the capital facilities and transportation elements to maintain consistency with the land use element. (c) The amended capital facilities and transportation elements
must identify those new or expanded facilities and services necessary to support development in new urban growth areas. The elements must also include cost estimates to determine the amount of funding
necessary to construct needed facilities. (d) The capital facilities and transportation elements should identify what combination of new or existing funding will be necessary to develop the needed facilities. Funding goals should be based on what can be raised by using existing resources. Use of state and
federal grants should be realistic based on past trends unless the capital facilities element identifies new programs or an increased amount of available funding from state or federal sources. (e) If funding
available from existing sources is not sufficient, counties and cities should use development phasing strategies to prevent the irreversible commitment of land to urban development before adequate funding is available. Development phasing strategies are described in WAC 365-196-330. Counties and
cities should then implement measures needed to close the funding gap. (f) When considering potential changes to the urban growth area, counties should require that any proposal to expand the urban
growth area must include necessary information to demonstrate an ability to provide adequate public facilities to any potential new portions of the urban growth area.
The Capital Facilities Plans include necessary upgrades and budgets related to each upgrade. There is sufficient capacity within the existing water and sewer system to serve the expansion area. Individual
hook ups will be completed by the developer at the time of development. Therefore, this criterion is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
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II. Lewis County Countywide Planning Policies 1 Urban Growth. Encourage development in urban areas where adequate public facilities and
services exist or can be provided in an efficient manner. The proposed amendment is not related rural areas therefore policies 1.7 and 1.8 are not applicable. 1.0 Urban growth shall be encouraged within cities and their designated urban growth boundaries or other areas in the County characterized by urban growth and areas approved as industrial master planned areas, MRPs, and as new fully contained communities pursuant to RCW 36.70A.350. The proposal is an expansion of the Centralia UGA to accommodate housing need based on the 20-year population forecast. Urban growth will occur at a low residential density (4 units per acre) within the UGA. Therefore, this planning policy is met. 1.1 Cities and towns and all urban growth areas shall include areas and residential densities (except for industrial master planned areas) sufficient to accommodate the majority of the County's adopted 20-year population projection. A portion of the county's 20-year population projection shall be allocated to new fully contained communities pursuant to RCW 36.70A.350(2). Annual adjustments may be made when supported by appropriate data. The proposal is an expansion of the Centralia UGA to accommodate housing need based on the 20-year population forecast. Therefore, this planning policy is met. 1.2 Land use planning for the urban growth areas should provide for urban densities of mixed uses (except for industrial master planned areas) where logical and existing and/or planned urban services are available. Affordable housing policies and urban density policies should have equal value in evaluating and/or planning new or expanded housing areas. Urban growth will occur at a low residential density (4 units per acre) within the UGA. Therefore, this planning policy is met. 1.3 Urban Growth Area boundaries for cities and towns will include the entire rights of way of public streets, roads or highways. And, where right of way is insufficient to implement design standards or other such considerations, may follow natural or logical parcel boundaries. The UGA proposal includes the entire right of way of Graf Road and South Scheuber Road adjacent to the site. Therefore, this planning policy is met. 1.4 Seek to ensure that development in the unincorporated Urban Growth Areas of cities conforms to applicable City development regulations. The City of Centralia and Lewis County currently have an Interlocal Agreement that defines the application of development regulations. Therefore, this planning policy is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 9 of 12
1.5 All jurisdictions whose UGA boundaries adjoin Interstate 5 or other U.S. Highways shall work towards establishing consistent development standards to protect and enhance a locally significant desired community image along the Interstate 5 or U.S. Highway corridors. The site does not adjoin Interstate 5 or US Highways. Therefore, this planning policy is met. 1.6 The County and those cities whose UGA boundaries adjoin the Interstate 5 and U.S. Highway corridors shall work with the Washington State Department of Transportation (WSDOT) to develop minimum landscape standards for interchanges along the Interstate 5 and U.S. Highways. The site does not adjoin Interstate 5 or US Highways. Therefore, this planning policy is met. 1.9 The County and cities shall inform the appropriate jurisdictions concerning proposed development or activities that would impact urban resources and/or urban growth areas. All services providers will be informed of the proposed UGA amendment through Notice of Hearing for the Planning Commission and the SEPA review process. Therefore, the proposed amendment is consistent with this planning policy. 1.10 The County and Cities shall collaborate to provide a mechanism for siting and maintaining both existing and new essential public facilities including: a. Sewage treatment and municipal water facilities b. Solid Waste Facilities c. Port District/PDA industrial facilities d. Airport locations e. Other essential public facilities as identified under GMA Please refer to Growth Management Act findings. 1.11 The County, in collaboration with the cities, shall establish a level of service inside unincorporated UGAs. The City of Centralia and Lewis County currently have an Interlocal Agreement that defines the level of service in unincorporated UGA. Therefore, this planning policy is met. 1.12.1 Based on growth management population projections made for the county by the Office of Financial Management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 10 of 12
and counties have discretion in their comprehensive planning process to make many choices about accommodating growth. Please refer to Growth Management Act findings. 1.12.2 The provision of an adequate supply of land available for urban intensities of development shall be available to accommodate the population and economic growth of Lewis County. Please refer to Growth Management Act findings. 1.12.3 The expansion of urban growth areas shall be given priority when need is demonstrated by the local jurisdictions and the lands that are to be incorporated into a UGA exhibit conditions consistent with RCW 36.70A.110. The extension of UGA boundaries into resource lands of long-term commercial significance should be avoided unless no practical alternative exists. Centralia’s 20-year population forecast is 26,280 people, which equates to 10,905 dwelling units (referred to hereafter as units). The Land Capacity Analysis was adopted in 2018. The updated 2022 analysis shows that the existing UGA can accommodate 6,842 units, leaving a need of 4,063 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2 and Exhibit B. The site is currently zoned for rural residential development, RDD-5, and is not a conversion of resource land. Therefore, this planning policy is met. 1.12.4 Requests for Amendments to Urban Growth Areas in the Comprehensive Plan will be reviewed according to the following criteria, as set forth in RCW 36.70A.130(3): a. Determination of needed land i. Are the overall UGA’s in the county large enough e.g. is the land existing in inventory of lands within the existing UGA adequate in quantity to accommodate the County’s 20-year population and employment forecasts at urban densities? ii. Is there an inventory of development including vacant land, underdeveloped lands and land where development is likely? iii. Is there land within the UGA that can accommodate the urban services needed for urban densities? iv. Are there lands outside the incorporated Cities or their associated UGAs that currently exhibit an urban density and urban character? b. Consistency with GMA objectives i. Is the amendment made necessary by an emergency that can be eliminated by the extension of urban level of service? ii. What impact would the amendment have on the existing level of services within the UGA? iii. What is the ability to provide services within the UGA? iv. Will the contemplated amendment result in any environmental degradation? v. Does the amendment being considered comply with the objectives of the GMA; does it promote sprawl or does it hinder development within the UGA at an urban density?
Ordinance 1337 - Exhibit A
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vi. Is the amendment consistent with the County Comprehensive Plan and other plans of affected jurisdictions? Centralia’s 20-year population forecast is 26,280 people, which equates to 10,905 dwelling units (referred to hereafter as units). The Land Capacity Analysis was adopted in 2018. The updated 2022 analysis shows that the existing UGA can accommodate 6,842 units, leaving a need of 4,063 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2 and Exhibit B. Please refer also to Growth Management Act findings. Therefore, this planning policy is met.
11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meets all applicable state laws. The process meets planning policies. 2022-02-10 City of Centralia Planning Commission Workshop 2022-03-07 City of Centralia Site Plan Review Committee 2022-03-08 City of Centralia City Council Hearing 2022-03-10 City of Centralia Planning Commission Hearing 2022-06-01 Planned Growth Committee Meeting 2022-06-28 Lewis County Planning Commission Workshop 2022-07-26 Lewis County Planning Commission Public Hearing August SEPA Determination Issued and posted to:
• The Chronicle
• Properties within 500 feet of subject properties
• Parties to the Record
• SEPA Register
• Interagency Review list
• Tribal Review list
• School District
• Fire District
• On Site
• On Lewis County Community Development Website September Comments on SEPA Determination due September SEPA Appeals due November Board of County Commissioners Public Hearing 12 Public Facilities and Services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established
minimum standards.
Ordinance 1337 - Exhibit A
ATTACHMENT 3: CENTRALIA UGA AMENDMENT
Lewis County Comprehensive Plan Map Amendments Pg. 12 of 12
Please refer to Growth Management Act findings.
III. Lewis County Comprehensive Plan 1.1 Classify and size urban growth areas based on RCW 36.70A.110. Please refer to Growth Management Act findings.
1.2 Ensure that sufficient area is included in urban growth areas to accommodate the county’s adopted 20-year population forecast, to allow for market choice and location preferences, and to provide for economic development opportunities. Centralia’s 20-year population forecast is 26,280 people, which equates to 10,905 dwelling units (referred to hereafter as units). The Land Capacity Analysis was adopted in 2018. The updated 2022 analysis shows that the existing UGA can accommodate 6,842 units, leaving a need of 4,063 units by 2040 to meet the 20-year forecast. See Attachment A, Question 2 and Exhibit B. Therefore, this policy is met. 1.3 Confirm that the location and size of urban growth areas match the capability of the affected community to serve the areas with urban levels of governmental services.
See findings for WAC 365-196-320. 1.4 Consider the provision of greenbelt and open space areas, fish and wildlife habitat, migration routes, floodways, corridors associated with flooding rivers and related streams, and other environmentally sensitive areas when determining the land requirements for urban growth
areas. There are no critical areas located on the site. Therefore, this policy is met. 2.1 Accommodate more intense types of commercial, industrial, and residential land use, and
their associated public facilities in urban growth areas. The future land use of the site will be urban residential development at a density of 4 units per acre. Therefore, this policy is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 4: MINERAL LAKE YMCA REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 23
A. SUMMARY
The YMCA Greater Seattle has requested to establish a Master Planned Resort (MPR) overlay zone designation on approximately 500 acres (Map 1). The intended use of the land if rezoned to MPR is to establish a youth and family over-night camping facility for 400 campers and 100 staff on the northern and eastern sides of Mineral Lake. Cabins, tents sites, trails and a dock are proposed. The applicant proposes that site development will occur in three construction phases over a 10 to 15 year period. As a condition of the SEPA determination, the YMCA must enter into a Development Agreement with Lewis County to limit the types of development and uses that could occur at the site and a clause that should the YMCA not develop a youth camp the MPR overlay will be removed and the site will revert to FRL. The Development Agreement is a separate document that will be an exhibit to the adopting ordinance.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on July 12, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to apply a Master Plan Resort overlay zone to the following parcels: 038931011001, 038931011002, 038931011003, 038931011004, 038931011005, 038931011035, 038931011006, 038931011036, 038931011007, 038931011037, 038931011008, 038931011038, 038931011009, 038931011039, 038931011010, 038931011011, 038931011012, 038931011013, 038931011040, 038931011041, 038931011042, 038931011043, 038931011015,
ATTACHMENT 4: MINERAL LAKE YMCA REZONE
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038931011016, 038931011017, 038931011018, 038931011019, 038931011020, 038931011021, 038931011022, 038931011023 and 038931011024 in Lewis County, WA – Sections 03 & 04, Township 14N, Range 05E & Sections 33 & 34 of Township 15N, Range 05E, WM. Map 2 shows the Lewis County Comprehensive Plan map designation for the parcels listed above. Please note, the designation is not changing; a Master Planned Resort overlay zone is being applied to the parcels.
Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Highest and Best Use – The definition is “the reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, and financially
ATTACHMENT 4: MINERAL LAKE YMCA REZONE
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feasible and that results in the highest value.” The Planning Commission believes a youth camp as proposed by YMCA is the highest and best use for the site. 2. Future Impacts – While the rezone approval criteria only considers generalized impacts because no development is proposed at the time of the rezone, future development is likely to have impacts to infrastructure including roads, service providers including the fire district, and potentially the environment. The Planning Commission stresses that during future permitting the County needs to critically evaluate impacts and condition permit approval with appropriate mitigation actions to avoid, reduce or eliminate negative impacts. 3. Tax Burden – The YMCA has stated that they are not using their tax-exempt status on the property and are paying property taxes. The Planning Commission considered this when recommending approval. It is critically important that the cost of improvements to infrastructure or upgrades to services be proportionally paid for by YMCA and Lewis County. The community of Mineral should not bear the burden of increased taxes or fees due to the YMCA’s development.
C. STAFF ANALYSIS The approval criteria that Planning Commission and BOCC are required to use to determine if a Comprehensive Plan map amendment can be approve are listed below. After each criterion, staff have provided a finding to help the Board of County Commissioners assess if the criterion is met. (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. Based the findings in Section E, the proposed amendment conforms to the requirements of the Growth Management Act and is consistent with county-wide planning policies and the Lewis County Comprehensive Plan. There are no interlocal planning agreements related to the property or the proposed amendments. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. The economy of Mineral Lake and the surrounding areas is based largely on tourism. Under the FRL zoning district, harvesting of timber along the north side of Mineral Lake is allowed. Harvesting of timber could have a negative impact on recreation and tourism by removing the trees, displacing wildlife and impairing aesthetics of the area. MPRs are intended to enhance and diversify the recreational and economic opportunities in the rural areas of the county. Uses allowed in a MPR overlay zone will complement the natural and cultural attractiveness of the area without having significant adverse impacts on environmental and natural features, cultural or historic resources and their settings, or existing development.
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There is currently no MPR land designated in Lewis County to support enhance recreational activities and the tourism economy. Designating this area as MPR would meet the intent laid out by the County in creating this use option. YMCA stated that they have seen an increase in demand for over-night camps throughout Washington State. YMCA conducted a five-year study of 30 different sites across Washington State based on a list of target criteria for youth and family camps. According to the YMCA, the Mineral Lake site in Lewis County exceeded the alternatives for its natural views, road access, proximity to an established community, and access to Mt. Rainier. (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 Project-level impacts of a youth camp will have no permanent impact on population growth because all use will be transient. YMCA intends to employ roughly 100 staff at the site, much of which will be seasonal, which is a significant increase to employment within the rural area. Conversion of land is minimal because MPR standards of LCC 17.20E require a minimum of 40-percent of the total site to be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas (LCC 17.20E.040(6)). This is not true of FRL and harvesting of timber. (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. The zone change is a non-project action which will have no impact on service providers because there is no development associated with a change to zoning. However, future development of a youth camp will likely have an impact on service providers. At the time of MPR application and Binding Site Plan application, and subsequent permitting, when the project-level impacts are known, YMCA is required to address impacts to drinking water, waste water, transportation, fire/emergency and solid waste services as required by state and local laws. There are no anticipated impacts to schools because there will be no permanent housing associated with the development. There could be an impact on taxes that are used to provide services. At the time of the proposal, YMCA owned the parcels but was not using their tax-exempt status; therefore, YMCA was paying full taxes on the property. In the future, YMCA could use their tax-exempt status and not pay full taxes on the site. This means the tax burden could shift from YMCA to other property owners in order to make up the difference needed to provide necessary services. Adding tax burden to the public could be a negative impact of the zoning designation amendment.
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(iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. The MRP designation is an overlay zone that maintains the underlying FRL zoning. In Lewis County, over 72% of existing land is designated FRL. The proposed project would apply MPR overlay zone to one half of one one-hundredth of total FRL land (0.0005). (d) The amendment does not include or facilitate spot zoning. The amendment does not include or facilitate spot zoning because over 30 parcels are included in the map amendment. A new zoning district would be created. D. SUPPORTING MATERIALS
The following supporting documents are available on the Community Development website: https://lewiscountywa.gov/departments/community-development/rezones/
2022-07-12 Planning Commission Meeting Notes 2022-07-12 Planning Commission Public Testimony
2022-03-08 SEP22-0033 SEPA Determination Public Comments 2021-10-05 YMCA Response to Public Comments on Notice of Application 2021-08-31 Local and State Agency Comments on Notice of Application
2021-08-31 Public Comments on Notice of Application 2021-07-12 YMCA Submittal Response to Second Incomplete Letter
2021-04-05 Mineral Lake Civil Due Diligence Response 2021-04-05 YMCA Mineral Lake Pumping Test Methods and Results 2021-04-05 YMCA Mineral Lake Trip Generation Memo
2021-04-05 YMCA Geo Response Letter 2021-04-05 YMCA Mineral Lake Critical Areas Letter
2021-04-05 YMCA Mineral Lake Geotechnical Report 2021-04-05 YMCA Mineral Lake Phase I ESA 2015-12-22 Kidder Creek Traffic Impact Study
E. FINDINGS OF FACT
I. Growth Management Act
RCW 36.70A.350 New fully contained communities. A county required or choosing to plan under RCW 36.70A.040 may establish a process as part of its
urban growth areas, that are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located outside of the initially designated urban growth areas.
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(1) A new fully contained community may be approved in a county planning under this chapter if criteria including but not limited to the following are met: (a) New infrastructure is provided for and impact fees are established consistent with the
requirements of RCW 82.02.050; All applicable local and state requirements related to public facilities and services must be met. In addition, the SEPA determination set out terms including – Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to transportation facilities must be addressed
including transportation improvements to meet fire and life safety access including, but not limited to, upgraded road approaches and the addition of secondary access, as required by Lewis County Fire District 9 and the Department of Natural Resources. Commensurate with a MPR application and a Binding Site Plan application, Lewis County Code 17.130, Adequate Public Facilities and Services, must be met which includes addressing water, waste water, fire/emergency service, schools, transit and solid
waste. Therefore, this criterion is met. (b) Transit-oriented site planning and traffic demand management programs are implemented; The proposed amendment will establish a MPR zone designation that is not located near transit
because the location is intended to take advantage of the rural area’s environmental and natural amenities for recreational purposes. Future use of the site will be for short-term visitor accommodations for overnight camping in cabins and tents. Traffic demand management, which is intended for use in urban areas where routine congestion is experienced, is not intended for use in a rural setting with transient uses. Therefore, this criterion is not applicable.
(c) Buffers are provided between the new fully contained communities and adjacent urban development; The site is not located near urban development. The site is located near a local area of more intense
rural development (LAMIRD). Therefore, this criterion is not applicable. (d) A mix of uses is provided to offer jobs, housing, and services to the residents of the new community;
The proposed MPR includes no residential uses and is only intended for short-term visitor accommodations including caretaker accommodations. Therefore, this criterion is not applicable. However, the future use of the MPR site is expected to provide approximately 100 new jobs for local residents.
(e) Affordable housing is provided within the new community for a broad range of income levels;
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The proposed MPR is intended for short-term visitor accommodations for an overnight youth camp, no residential uses are included. Therefore, this criterion is not applicable.
(f) Environmental protection has been addressed and provided for; The proposed amendment is a non-project action and potential development impacts are unknown at this time. The SEPA determination set conditions of approval including - Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to shoreline environments, stream
buffers, wetlands, floodplain, wildlife habitat, steep slopes, erosion hazard and arsenic testing must be addressed. This would occur through a project SEPA review, as well as review under LCC 17.25, Shoreline Management, and 17.38, Critical Areas. In addition, the proposed amendment is a MPR zone which provides protection for open space and wildlife habitat areas because LCC 17.20E requires that at least 40 percent of the total of the site area shall be dedicated to a mixture of permanent open space,
natural areas, and/or active recreational areas. Therefore, this criterion is met. (g) Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas;
The lands surrounding the site will remain in the existing zoning designations which are Forest Resource Land (FRL) and Rural Development District 5 (RDD-5), which are both nonurban zones. Therefore, this criterion is met. (h) Provision is made to mitigate impacts on designated agricultural lands, forestlands, and mineral
resource lands; The proposal is an application of a MPR overlay zone designation to Forest Resource Land. The change will remove less than one half of one one-hundredth of total FRL (0.0005) to a MPR, which is a negligible impact. Therefore, this criterion is met.
(i) The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170. Please refer to response to 36.70A.350(1)(f). This criterion is met.
(2) New fully contained communities may be approved outside established urban growth areas only if a county reserves a portion of the twenty-year population projection and offsets the urban growth area accordingly for allocation to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new community reserve shall do so no more often than once
every five years as a part of the designation or review of urban growth areas required by this chapter. The new community reserve shall be allocated on a project-by-project basis, only after specific project approval procedures have been adopted pursuant to this chapter as a development regulation. When a
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Lewis County Comprehensive Plan Map Amendments Pg. 8 of 23
new community reserve is established, urban growth areas designated pursuant to this chapter shall accommodate the unreserved portion of the twenty-year population projection.
The proposed amendment does not include new residential uses and is intended only for short-term visitor accommodations. None of the 20-year population projection will be accommodated in the new fully contained community. Therefore, this criterion is not applicable. RCW 36.70A.360 Master planned resorts.
(1) Counties that are required or choose to plan under RCW 36.70A.040 may permit Master Planned Resorts which may constitute urban growth outside of urban growth areas as limited by this section. A Master Planned Resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of
developed on-site indoor or outdoor recreational facilities. The proposed MPR is intended for an overnight youth camp that accommodates roughly 400 campers and 100 staff in cabins and tents. Also proposed are indoor and outdoor recreational facilities including trails and a dock. The location is north of Mineral Lake which is a setting of significant natural amenities.
Therefore, this criterion is met. (2) Capital facilities, utilities, and services, including those related to sewer, water, stormwater, security, fire suppression, and emergency medical, provided on-site shall be limited to meeting the needs of the Master Planned Resort. Such facilities, utilities, and services may be provided to
a Master Planned Resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extensions and capacity increases directly attributable to the Master Planned Resort are fully borne by the resort. A Master Planned Resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the Master Planned
Resort or urban growth areas. Nothing in this subsection may be construed as: Establishing an order of priority for processing applications for water right permits, for granting such permits, or for issuing certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or affecting or
impairing in any manner whatsoever an existing water right. All waters or the use of waters shall be regulated and controlled as provided in chapters 90.03 and 90.44 RCW and not otherwise.
Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to transportation facilities must be addressed including transportation improvements to meet fire and life safety access including, but not limited to, upgraded road approaches and the addition of secondary
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Lewis County Comprehensive Plan Map Amendments Pg. 9 of 23
access, as required by Lewis County Fire District 9 and the Department of Natural Resources. Commensurate with a MPR application and a Binding Site Plan application, Lewis County Code 17.130, Adequate Public Facilities and Services, must be met which includes addressing water, waste water,
fire/emergency service, schools, transit and solid waste. Lewis County Code meets 90.03 and 90.44 RWC. Therefore, this criterion is met. (3) A Master Planned Resort may include other residential uses within its boundaries, but only if the residential uses are integrated into and support the on-site recreational nature of the resort.
No residential uses are associated with the proposed MPR. Caretaker accommodations, which are accessory to the primary use of the MPR for short-term visitor accommodations is allowed. Therefore, this criterion is met.
(4) A Master Planned Resort may be authorized by a county only if: (a) The comprehensive plan specifically identifies policies to guide the development of Master Planned Resorts; The adopted Lewis County Countywide Planning Policies include the following:
1.0 Urban growth shall be encouraged within cities and their designated urban growth boundaries or other areas in the County characterized by urban growth and areas approved as industrial master planned areas, master planned resorts, and as new fully contained communities pursuant to RCW 36.70A.350. 1.8 Rural areas will only be approved for designation as master planned development locations,
appropriate for urban growth outside incorporated urban growth areas, when consistent with RCW 36.70A.350, .360, .362, .365, .367 and .368. Therefore, this criterion is met. (b) The comprehensive plan and development regulations include restrictions that preclude new
urban or suburban land uses in the vicinity of the Master Planned Resort, except in areas otherwise designated for urban growth under RCW 36.70A.110; The Comprehensive Plan map and official zoning map applied existing zoning designation to the land in the vicinity of the MPR as Forest Resource Land, Rural Development District and LAMIRD, all of which
allow rural development and preclude new urban development, unless otherwise allowed per LAMIRD rules pursuant to applicable state laws. Therefore, this criterion is met. (c) The county includes a finding as a part of the approval process that the land is better suited, and has more long-term importance, for the Master Planned Resort than for the commercial harvesting of
timber or agricultural production, if located on land that otherwise would be designated as forestland or agricultural land under RCW 36.70A.170;
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Lewis County Comprehensive Plan Map Amendments Pg. 10 of 23
The site is uniquely located along the northern side of Mineral Lake and within 15 miles of Mt. Rainier National Park. No other site in Lewis County offers both recreational opportunities within the similar proximity. 72% of Lewis County is designated forest resource. The change will remove less than one half
of one one-hundredth of total FRL (0.0005) to a MPR, which is a negligible impact. Therefore, this criterion is met. (d) The county ensures that the resort plan is consistent with the development regulations established for critical areas; and
Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to shoreline environments, stream buffers, wetlands, floodplain, wildlife habitat, steep slopes, erosion hazard and arsenic testing must be addressed. This would occur through a project SEPA review, as well as review under LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, this criterion is
met. (e) On-site and off-site infrastructure and service impacts are fully considered and mitigated. Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to
transportation facilities must be addressed including transportation improvements to meet fire and life safety access including, but not limited to, upgraded road approaches and the addition of secondary access, as required by Lewis County Fire District 9 and the Department of Natural Resources. Commensurate with a MPR application and a Binding Site Plan application, Lewis County Code 17.130, Adequate Public Facilities and Services, must be met which includes addressing water, waste water,
fire/emergency service, schools, transit and solid waste. Therefore, this criterion is met. RCW 36.70A.362 Master planned resorts—Existing resort may be included. The proposed amendment is for a new MPR, therefore this RCW is not applicable.
RCW 36.70A.365 Major industrial developments. The proposed amendment is not a Major Industrial Development, therefore this RCW is not applicable.
RCW 36.70A.367 Major industrial developments—Master planned locations. The proposed amendment is not a Major Industrial Development, therefore this RCW is not applicable. RCW 36.70A.368 Major industrial developments—Master planned locations—Reclaimed surface
coal mine sites. The proposed amendment is not a Major Industrial Development, therefore this RCW is not applicable.
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Lewis County Comprehensive Plan Map Amendments Pg. 11 of 23
II. Lewis County Countywide Planning Policies
1 Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Policies 1.1, 1.3 through 1.6, 1.9, 1.11 do not apply because they are specific to cities and associated Urban Growth Areas (UGAs) that abut Interstate 5. The proposed amendment applies to land outside of city limits/UGAs and is not abutting Interstate 5. The proposed amendment does not include any amendments to the countywide planning policies or existing UGAs and therefore 1.12 is not applicable. Mater Planned Resorts (MPR) are designated areas of urban growth outside of Urban Growth Areas as limited by RCW 36.70A.360 (please refer to Growth Management Act findings.) The terms of the non-project SEPA determination are consistent with this planning policy because development is limited to uses and densities consistent with rural development including cabin and tent sites, trails, entertainment or cultural facilities, and public facilities and services that will serve the MRP. 1.0 Urban growth shall be encouraged within cities and their designated urban growth boundaries or other areas in the County characterized by urban growth and areas approved as industrial master planned areas, MRPs, and as new fully contained communities pursuant to RCW 36.70A.350. Please refer to the Growth Management Act findings. 1.2 Land use planning for the urban growth areas should provide for urban densities of mixed uses (except for industrial master planned areas) where logical and existing and/or planned urban services are available. Affordable housing policies and urban density policies should have equal value in evaluating and/or planning new or expanded housing areas. The proposed amendment would create a MPR overlay zone designation. Urban services (e.g., municipal water and sewer) are not planned for the youth camp, which will be served by wells and septic systems. No residential housing is included in the proposal, only short-term visitor accommodations such as cabins. Therefore, this planning policy is not applicable. 1.7 Rural areas have low-density development, which can be sustained by minimal infrastructure improvements. Exceptions will be made for areas appropriate for more intense development that are consistent with state law. MRPs are an exception for more intense development consistent with state law. Therefore, the proposed amendment is consistent with this planning policy. 1.8 Rural areas will only be approved for designation as master planned development locations, appropriate for urban growth outside incorporated urban growth areas, when consistent with RCW 36.70A.350, .360, .362, .365, .367 and .368.
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Lewis County Comprehensive Plan Map Amendments Pg. 12 of 23
Please refer to Growth Management Act findings. 1.9 The County and cities shall inform the appropriate jurisdictions concerning proposed development or activities that would impact urban resources and/or urban growth areas. The proposed amendment does not impact urban resources and/or Urban Growth Areas. All service providers were informed of the proposed amendment through the SEPA review process. Therefore, the proposed amendment is consistent with this planning policy. 1.10 The County and Cities shall collaborate to provide a mechanism for siting and maintaining both existing and new essential public facilities including: a. Sewage treatment and municipal water facilities b. Solid Waste Facilities c. Port District/PDA industrial facilities d. Airport locations e. Other essential public facilities as identified under GMA The proposed amendment does not include new public facilities. No existing public facilities are located within the site. Therefore, this planning policy is not applicable. 2 Reduce Sprawl. Reduce the inappropriate conversion of undeveloped or rural land into sprawling, low- density development. The proposed amendment does not require urban services. The future MPR development will be served by wells and septic systems, and will meet applicable state health laws. Transportation will be provided by County roads and private roads and will meet road requirements. The proposed amendment is not within an UGA. The proposed amendment includes terms that require development uses and densities be consistent with rural areas. Therefore, the proposed amendment is consistent with planning policies 2.0 through 2.4. 2.5 Developments authorized under RCW 36.70A.350, .360, .362, .365, .367 and .368 may be served by urban sewer and water systems consistent with state law. However, no additional connections may be allowed at urban levels of service in rural areas or resource lands that are outside of these areas or adopted UGAs. There is no proposed urban sewer or water systems with the non-project action amendment. If future development requires urban sewer or water systems, findings against RCW 36.70A.350, .360, .362, .367 and .368 will be made. A MRP is allowed to include urban levels of serves per state law. Therefore, the proposed amendment is consistent with this planning policy. 3 Transportation. Encourage efficient multi-modal transportation systems that are based on regional priorities and coordinated with County and City comprehensive plans.
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Lewis County Comprehensive Plan Map Amendments Pg. 13 of 23
The proposed amendment does not change the Transportation Element of the Lewis County Comprehensive Plan. The terms of the non-project SEPA determination require that all LOS are maintained. The proposed amendment is not within a city or city UGA. There are no public expenditures on transportation facilities associated with this proposed amendment. There are no airports or rail facilities within the site. Therefore, the proposed amendment is consistent with planning policies 3.0 through 3.3, 3.5, 3.6, and 3.8 through 3.10. 3.4 State and local governments should ensure adequate road access to scenic and recreational areas, to accommodate local and tourist traffic. The proposed amendment increases access to scenic and recreational areas and all LOS will be maintained on all existing roads. Therefore, the proposed amendment is consistent with this planning policy. 3.7 The County and cities should encourage the use of alternative transportation modes, including mass transit, bicycles, and carpooling when developing improvement programs, designing new development and standards. The proposed amendment includes future trails, which encourages alternative modes of transportation. Therefore, the proposed amendment is consistent with this planning policy. 4 Housing. Encourage the availability of affordable housing to all economic segments of the population, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. There is no housing associated with the proposed amendment. All accommodations will be for transient use, including seasonal employees. Therefore, this planning policy is not applicable. 5 Economic Development. Encourage economic development throughout Lewis County that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of Lewis County’s natural resources, public services and public facilities. The proposed amendment is not within a UGA, does not include agriculture, forestry and mineral extraction, or commercial and industrial uses, or energy production; therefore, planning policies 5.1, 5.3, 5.5, 5.8 and 5.9 are not applicable. 5.0 The development of businesses and industries should be encouraged within cities, urban growth areas, designated Limited Areas of More Intense Rural Development (LAMIRDs), and those unincorporated areas of Lewis County that satisfy the requirements set forth in RCW 36.70A.350, .360, .362, .365, .367, and 368.
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Lewis County Comprehensive Plan Map Amendments Pg. 14 of 23
A Master Planned Resource is consistent with RCW 36.70A.350, .360, .362, .365, .367, and 368. Please refer to Growth Management Act findings. 5.2 A diversified economic base should be encouraged to minimize the vulnerability of the local economy to economic fluctuations. The proposed MRP will be the first in Lewis County and will diversify the economic base. Therefore, the proposed amendment is consistent with this planning policy. 5.4 Tourism and recreation should be promoted as a strategy that protects the character of rural and urban areas, and supports economic development. The proposed MRP will promote tourism and recreation by bring roughly 400 campers and 100 staff to the future youth camp. This supports economic development. Lewis County Code 17.20E requires that at least 40 percent of the total site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas, excluding streets and parking areas which protects rural character. Therefore, the proposed amendment is consistent with this planning policy. 5.6 Value added industries shall be encouraged. A MRP is a type of eco-tourism that adds value to the tourism industries in Lewis County; therefore the proposed amendment is consistent with this planning policy. 5.7 Recreational or tourist activities directly related to or dependent upon water bodies should be encouraged. Tourism and recreation should be promoted as a strategy that protects the character of rural and urban areas. The proposed MRP is located on the north side of Mineral Lake. Trails and a boat dock are proposed that are directly related to the water body. Lewis County Code 17.20E requires that at least 40 percent of the total site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas, excluding streets and parking areas which protects rural character. Therefore, the proposed amendment is consistent with this planning policy. 5.10 The County and cities should encourage efforts to expand workforce training and development to provide skilled labor for alternative energy industries and “green collar” jobs. The future proposed youth camp anticipates employing roughly 100 persons. There will be a wide range of jobs, including those associated with eco-tourism, which is a “green collar” job. Therefore, the proposed amendment is consistent with this planning policy. 5.11 The location, retention, and expansion of businesses that provide family wage jobs should be supported.
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Lewis County Comprehensive Plan Map Amendments Pg. 15 of 23
The future proposed youth camp anticipates employing roughly 100 persons. This is an overall increase in employment within the rural area of the County. There will be a wide range of jobs with a range of wages provided, likely include some family wage jobs. Therefore, the proposed amendment is consistent with this planning policy. 6 Property Rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. The proposed amendment is being made by the private property owner and is not for a public use. Therefore, planning policies 6.0 through 6.2 are met. 7 Permit. Applications for local government permits should be processed in a timely and fair manner to ensure predictability.
The proposed amendment is being processed as a Type V permit application with associated non-project action SEPA review. All required legal timelines have been met. Therefore, planning policies 7.0 through 7.3 are met. 8 Natural Resource Industries. Maintain and enhance natural resource-based industries including productive timber, agricultural, mineral extraction and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. The site is not adjacent to an Urban Growth Area, therefore planning policy 8.5 is not applicable. The proposed amendment is not relate to alternative energy production or education, therefore this planning policy 8.6 is not applicable. 8.0 Land uses adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use of these designated lands for the production of food or agricultural based products, or timber, or for the extraction of minerals. Encroachment on resource lands by incompatible uses shall be prevented by maintenance of adequate buffering between conflicting activities. The site of the proposed amendment is adjacent to Forest Resource Land. The proposed MPR is fully contained and will not have negative impacts on the continued use of the forest resource. Therefore, the proposed amendment is consistent with this planning policy. 8.1 Approvals for plats, short plats, building permits and other residential development permits that are issued for development activities on or adjacent to designated natural resource areas should include a notice that certain activities may occur that are not compatible with residences. These notices should be filed for record with Lewis County.
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Lewis County Comprehensive Plan Map Amendments Pg. 16 of 23
The terms of the SEPA determination prohibit residential development, only transient accommodations including caretaker accommodations will be allowed. The MRP application requires a Binding Site Plan and will trigger project-level SEPA review. The Notice of Application and SEPA determination will be sent to adjacent property owners as per legal requirements. Therefore, the proposed amendment is consistent with this planning policy. 8.2 Fishery resources, including the County's river systems inclusive of their tributaries, as well as the area's lakes, and associated wetlands, should be protected and enhanced for continued productivity. The proposed amendment is a non-project action and will have no impact on fishery resources. If there are future, project-level impacts identified through subsequent permitting process or SEPA review, those will be required to be avoided, minimized or mitigated per LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, the proposed amendment is consistent with this planning policy. 8.3 Tourism and recreation, including economic opportunities that provide supplemental income to the natural resources industries, should be encouraged. The MPR provides additional economic opportunities for the eco-tourism industry by creating approximately 100 new jobs. Therefore, the proposed amendment is consistent with this planning policy. 8.4 All jurisdictions should encourage best management practices (BMP) to reduce adverse environmental impacts on natural resources The proposed amendment is a non-project action and will have no impact on the environment. If there are future, project-level impacts identified through subsequent permitting process or SEPA review, those will be required to be avoided, minimized or mitigated per LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, the proposed amendment is consistent with this planning policy.
9 Open Space and Recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks. 9.0 The use of Open Space and Forestry Taxation Laws shall be encouraged as a useful method of resource preservation. The proposed amendment is not related to use of taxation laws to preserve resource land. Therefore, this planning policy is not applicable. 9.1 Parks, recreation, scenic areas and scenic byways, and viewing points should be encouraged.
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Lewis County Comprehensive Plan Map Amendments Pg. 17 of 23
The proposed amendment to rezone the site MPR will preserve a recreational use and enhance the scenic qualities of the area by removing the option to harvest timber and displace wildlife on the north side of Mineral Lake. MPR standards LCC 17.20E requires that at least 40 percent of the total site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas. Therefore, the proposed amendment is consistent with this planning policy. 9.2 The Lewis County river systems and tributaries are a resource that should be protected, enhanced, and utilized for active and passive recreation. The proposed amendment is a non-project action that will have no impact on river systems. Therefore, this planning policy is not applicable. Future project-level actions will require all local and state laws are met related to protection of surface streams and lakes including LCC 17.25, Shoreline Management, and 17.38, Critical Areas. The proposed amendment is consistent with this planning policy. 9.3 Encourage cluster housing and innovative techniques for planned developments in the County to provide open space systems and recreational opportunities. The proposed amendment is a Master Planned Resort that will enhance recreational opportunities and protect open space because LCC 17.20E requires that at least 40 percent of the total site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas. Therefore, the proposed amendment is consistent with this planning policy. 9.4 Land use planning for the adopted urban growth areas shall encourage greenbelt or open space uses and encourage the protection of wildlife habitat areas. The proposed amendment is a MPR which protects open space and wildlife habitat areas because LCC 17.20E requires that at least 40 percent of the total of the site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas. The FRL standards do not require this level of open space protection. Therefore, the proposed amendment is consistent with this planning policy. 10 Environment. Protect the environment and enhance Lewis County’s high quality of life including air and water quality, and the availability of water. The proposed amendment is not a sub-area plan or creation of a development regulation, it is not related to an interagency agreement and it does not change the County’s recognition of river systems; therefore planning policies 10.0, 10.1 and 10.2 are not applicable. The proposed amendment is not a commercial, industrial or residential development, therefore policy 10.4 is not applicable. The proposed amendment does not relate to flood control management programs, therefore policy 10.5 is not applicable. The proposed amendment does not develop policies and regulations related to aquifer recharge, therefore policy 10.7 is not applicable. The proposed amendment is a non-project action that does not relate to recycling, therefore policy 10.8 is not applicable.
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Lewis County Comprehensive Plan Map Amendments Pg. 18 of 23
10.3 Septic systems, disposal of dredge spoils and land excavation, filling and clearing activities shall conform with critical area development regulations and not have a significant adverse effect on Lewis County water bodies with respect to public health, fisheries, aquifers, water quality, wetlands, and fish and wildlife habitat. The proposed development is a non-project action that does not include septic systems, disposal of dredge spoils and land excavation, or filling and clearing activities. Future project-level impacts will be required to conform to all applicable local and state requirements including LCC 17.25, Shoreline Management, and 17.38, Critical Area, as well as SEPA review. Therefore, the proposed amendment is consistent with this planning policy. 10.6 Floodplains, lakes, rivers, streams, and other water resources should be managed for multiple beneficial uses including, but not limited to flood and erosion control, fish and wildlife habitat, agriculture, aquaculture, open space and water supply. Use of water resources should to the fullest extent possible preserve and promote opportunities for other uses. The proposed amendment is a MPR that will protect open space and fish and wildlife habitat areas because LCC 17.20E requires that at least 40 percent of the total site area shall be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas. Therefore, the proposed amendment is consistent with this planning policy. 11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meets all applicable state laws. Below is are the steps and the citizen participation and coordination opportunities are highlighted in gray. The process meets planning policies 11.0 through 11.7. 2020-12-30 Application Submitted by YMCA 2021-02-11 Letter of Incompleteness sent to Applicant 2021-04-05 Response to Letter of Incompleteness sent to Lewis County 2021-04-19 Second Letter of Incompleteness sent to Applicant 2021-07-09 Response to Second Letter of Incompleteness sent to Lewis County 2021-07-26 Letter of Completeness sent to Applicant 2021-08-05 Notice of Application posted to:
• The Chronicle
• Properties within 500 feet of subject properties
• On Site
• On Lewis County Community Development Website
2021-08-20 Comments on Notice of Application due (all commenters are “parties to the record”) 2021-08-27 Comments provided to Applicant
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Lewis County Comprehensive Plan Map Amendments Pg. 19 of 23
2021-10-05 Application Addendum by Applicant to clarify acreage 2021-11-09 90 day period for Applicant to Amend Application closes, optional
• No amendment provided 2022-02-22 SEPA Determination Issued and posted to:
• The Chronicle
• Properties within 500 feet of subject properties
• Parties to the Record
• SEPA Register
• Interagency Review list
• Tribal Review list
• School District
• Fire District
• On Site
• On Lewis County Community Development Website 2022-03-08 Comments on SEPA Determination due (all commenters are “parties to the record”) 2022-03-15 SEPA Appeals due
• No appeals filed 2022-04-12 Press Release with Planning Commission Schedule; also emailed to Parties to the Record Future Planning Commission Workshops April 26 and May 23; duly noticed Public Hearing June 28 (all dates are tentative) 12 Public Facilities and Services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. The proposed amendment is a non-project action. Project-level impacts will be assessed at the time of permitting. All applicable local and state requirements related to public facilities and services must be met. In addition, the SEPA determination set out terms of the determination including – Commensurate with a MPR application and a Binding Site Plan application, project-level impacts to transportation facilities must be addressed including transportation improvements to meet fire and life safety access including, but not limited to, upgraded road approaches and the addition of secondary access, as required by Lewis County Fire District 9 and the Department of Natural Resources. Commensurate with a MPR application and a Binding Site Plan application, Lewis County Code 17.130, Adequate Public Facilities and Services, must be met which includes addressing water, waste water, fire/emergency service, schools, transit and solid waste. Therefore, the proposed amendment is consistent with planning policies 12.0 through 12.4. The proposed amendment includes no capital facilities financing, no special districts or associated comprehensive plans and is no related to alternative energy generation; therefore planning policies 12.5 through 12.7 are not applicable.
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Lewis County Comprehensive Plan Map Amendments Pg. 20 of 23
13 Historic Preservation. Identify and encourage the preservation of lands, sites, and structures that have historical or archaeological significance to Lewis County. The proposed amendment is a non-project action. Project-level impacts will be assessed at the time of permitting. All applicable local and state requirements related to public facilities and services must be met. In addition, the SEPA determination set out terms including – Prior to any ground disturbing activities YMCA is required to conduct a professional archaeological survey of the project area and engage in consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. Results of the survey and consultation must be provided to Department of Archaeology and Historic Preservation (DAHP) and all DAHP recommendations are required to be met. Therefore, the proposed amendment is consistent with planning policies 13.0 through 13.2.
III. Lewis County Comprehensive Plan
Master Planned Resorts are part of the Land Use Element, Rural Lands, of the Lewis County Comprehensive Plan. The applicable goals and policies are addressed below.
1.2 Consider the Types of Rural Development shown in this section, and similar building forms,
as development types that are consistent with the rural character of Lewis County. The Land Use section states that MPRs are:
• A self-contained and fully integrated resort constructed in a site of significant natural amenities with attached or detached residential, lodging or commercial uses
• Human scale within the resort with trails/walkways to facilitate movement through the area
• Resource/Rural Land (at present). Master Plan (future)
The proposed YMCA youth camp is consistent with policy 1.2 because it will be a self-contained, integrate resort within an area of significant natural amenities with lodging and commercial uses. It will
include trails. The present land use is resource land and the future use is master plan. Therefore, the proposed amendment is consistent with this policy.
1.3 Consider the small unincorporated communities, and other Limited Areas of More Intensive Rural Development (LAMIRDs), as key elements of the rural character of Lewis County.
Existing LAMIRDs provide the opportunity for rural residents to purchase goods and services, and offer locations for residents to live, start a business or find a job.
The proposed MPR will create a new small community with roughly 400 cabin and tent sites as well as associated recreational facilities, and is a key element of the rural character. Therefore, the proposed
amendment is consistent with this policy.
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Lewis County Comprehensive Plan Map Amendments Pg. 21 of 23
1.4 Continue to zone rural lands for a variety of densities and uses. Consider land capability, existing development characteristics, proximity to rural facilities, and other relevant factors in the zoning of land.
The proposed MRP overlay zone will add to the variety of densities and uses. If approved, the MPR overlay zone will be the first use of the intended zone within Lewis County. The proposed site is capable of supporting this land use, as limited by the SEPA determination. Therefore, the proposed amendment is consistent with this policy.
1.5 Encourage rural clustering, both at smaller scales (such as farm clusters) and larger scales, as a means of balancing growth and the protection of natural resources. The proposed MPR is a larger scale contained resort, as envisioned by the Lewis County Comprehensive
Plan. Subsequent project-level MPR application and Binding Site Plan application review will require compliance with all Lewis County Codes including 17.25, Shoreline, and 17.38, Critical Areas, which will ensure protection of natural resources. Therefore, the proposed amendment is consistent with this policy.
2.1 Promote the development of a vital rural economy in Lewis County with jobs in agriculture, mining, timber production, home occupations, small businesses, and a variety of other industries. The proposed MPR is anticipated to provide 100 new jobs within the rural area, outside of LAMIRDs.
Therefore, the proposed amendment is consistent with this policy. 3.1 Ensure that rural public facilities and services are provided at levels that are consistent with the preservation of rural character and in the historical and typical manner that is found in rural Lewis County. Use development regulations to ensure that water, wastewater
treatment and other services are consistent with established standards. The proposed MRP will include rural services including septic, well and transportation. Through subsequent project-level MPR application and Binding Site Plan application, review will require compliance with all local and state requirements related to septic, well and transportation facilities.
Therefore, the proposed amendment is consistent with this policy. 3.2 Coordinate the review of rural development with rural water systems, fire districts, and school districts. This coordination is intended to assure that new uses have adequate facilities in place concurrent with development or are able to develop adequate mitigation
agreements when upgrades are necessary to meet current standards. County development regulations will identify the levels of rural services that must be available or provided to meet concurrency requirements.
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Lewis County Comprehensive Plan Map Amendments Pg. 22 of 23
The Rezone Application has been noticed to the special districts that serve the site. Comments from the special districts were incorporated into the SEPA determination as conditions of the determination.
Subsequent MPR application and Binding Site Plan application will require all state and local rules are met, including those related to levels of service. Therefore, the proposed amendment is consistent with this policy. 10.0 Permit master planned resorts, or self-contained and fully integrated planned unit
developments in settings of significant natural amenities, within Lewis County. 10.1 Verify that all proposed master planned resorts meet the requirements in 36.70A.360. Please refer to the Growth Management Act findings.
10.2 Require master planned resorts to be at least 40 acres in size. The proposed MPR site is 500 acres in size. This policy is met.
10.3 Preclude new urban or suburban land uses in the vicinity of the master planned resorts, except in those areas otherwise designated for urban development. The comprehensive plan map and official zoning map applied existing zoning designation to the land in the vicinity of the MPR as Forest Resource Land, Rural Development District and LAMIRD, all of which
allow rural development and preclude new urban development, unless otherwise allowed per LAMIRD rules pursuant to applicable state laws. Therefore, the proposed amendment is consistent with this policy. 10.4 Consider the requirement for significant natural amenities as a requirement that applies to
amenities that exist on or off the individual project site. Significant natural amenities may include a variety of natural lands, including but not limited to mountains, lakes or rivers, or views of, or access to, those natural features. The proposed MRP site is located on the north side of Mineral Lake and in close proximity to Mt. Rainier
National Park, both of which are significant natural amenities. The MPR zone designation and subsequent recreational uses will increase access to mountains and lakes. Therefore, the proposed amendment is consistent with this policy. 10.5 Require an open space system/trail network as part of all proposed master planned resorts.
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Lewis County Comprehensive Plan Map Amendments Pg. 23 of 23
LCC 17.20E requires that at least 40 percent of the total MRP site area be dedicated to a mixture of permanent open space, natural areas, and/or active recreational areas. The proposed MPR will include a system of trails. Therefore, the proposed amendment is consistent with this policy.
10.6 Permit residential and commercial uses within master planned resorts, so long as the primary use of the property is for short-term visitor accommodation. The MRP allowed uses of 17.20E include lodges, rental cabins and support facilities, including caretaker
accommodations; recreation sport facilities and recreational areas; entertainment facilities (e.g., amphitheaters); boat docks and marinas; open spaces; public facilities and services (e.g., waste disposal, utilities); and transportation facilities. Therefore, the proposed amendment is consistent with this policy. 10.7 Do not require proposed master planned resorts to establish an urban growth area
boundary or be allocated a population projection. Although MPRs are treated as an Urban Growth Area per the RCWs and must comply with specific sections of the Growth Management Act, an official Urban Growth Area boundary is not applied to the site. The MPR overlay zone is used instead of the Urban Growth Area boundary, but held to the same
standards. There is no population allocated to lands with the MPR overlay zone designation. Therefore, the proposed amendment is consistent with this policy.
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 11
A. SUMMARY
Alan and Pamela Good along with Avapollo Land Corporation have requested to rezone parcels 028043004001, 028043004002, 028061000000, 028025001000 and 028024001000 from Agricultural Resource Land to Mineral Resource Land. Map 1 is the vicinity map that shows the land proposed for the rezone. The total site size is 443.5 acres. The intended use of the land if rezoned to MRL is to develop a surface mine of gravel, sand, and cobbles. Map 1 shows the site.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on August 23, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to amend the Lewis County Comprehensive Plan from Agricultural Resource Lands to Mineral Resource Lands for the parcels: 028043004001, 028043004002, 028061000000, 028025001000 and 028024001000. Map 2 shows the updated Lewis County Comprehensive Plan map designation for the parcels listed above.
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 2 of 11
Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Location – A mining operation will always have a visual impact, and potentially an impact on value, to the properties surrounding the site. No one wants a mining operation next to them, but property owners have the right to opt-in to mining when there are deposits that meet the specifications. Lewis County supports mining operations. This site is located near Highway 12 and far from any large populations. The surrounding properties are all over 10 acres is size. Further, the owner will maintain 100 foot buffers on all property boundaries and will be required to meet state rules for noise and dust.
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 3 of 11
2.Critical Areas – The site is located along the Chehalis River and there are streams and steepslopes on the site. It is important that during project-level permitting, these environmentalresources be protected. Commissioners felt that the local, state and federal requirements will besufficient to address potential impacts to the resources.
3.Cultural Resources – The Cowlitz Tribe provided comments that there may be cultural resourcesat or near the site. It is important that during project-level permitting, cultural resources areaddressed. (Note - Staff confirmed that because future mining operations at the site will requirepermitting with the State Department of Natural Resources (DNR), formal Government toGovernment Consultation will be required).
C.STAFF ANALYSIS
There are two sets of approval criteria for mining opt-in rezone proposals. The first are LCC 17.30.720. The second are LCC 17.12.100, which are the approval criteria that the Board of County Commissioners are required to use to determine if a Comprehensive Plan map amendment can be approve. These approval criteria are listed below. After each criterion, staff have provided a finding to help the Board of County Commissioners assess if the criterion is met.
Part 1 – Approval Criteria 17.30.720
(a)Areas where a qualified geologist can demonstrate a high likelihood for occurrence ofmineral deposits. A qualified geologist shall provide adequate evidence, for the above, in theform of a report and any associated maps that would provide evidence of mineral resourcessufficient to meet the following criteria:(i) The site has extractive materials having a probable value in excess of $500,000 for valuablemetallic substances and $1,000,000 for gravel, sand, coal, and other minerals; and(ii) The site has the potential for economically viable production of extractive materials forthe foreseeable future;
A Mine Resource Evaluation Report was completed by Erick Staley, L.G., L.E.G, Principal Engineering Geologist of NV5 (Section C, Supporting Materials). According to the report, the aggregate resource at the site consists mostly of gravel, sand, and cobbles with some fines representing glacial outwash deposits. Based on the results of the testing, and with crushing and washing to remove weak material and fines from the product, the crushed outwash material would meet typical WSDOT specifications for use. The report concludes that the site has potential value as a commercial fill or gravel and sand source for local developments for the foreseeable future. The resulting estimated value for the potential mineable resource is $267,570,476. Therefore, this criterion is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 4 of 11
(b)Greater than 50 percent of the linear frontage of the perimeter of any proposed designatedlands shall abut parcels that are equal to or greater than two and one-half acres in size. Abutting parcels with industrial or wholesale uses are exempt from this parcel size calculation but shall be included in the calculation of total linear frontage; and
Map 3 includes all of the parcels abutting the proposed site. All abutting properties are zoned Agricultural Resource Land. There are no abutting properties less than 2.5 acres. The smallest parcel is 10.87 acres and the largest parcel is 152.9 acres; the average parcel size is 19.9 acres. Therefore, this criterion is met.
(c) The site is outside any designated urban growth area at the time of application forredesignation.
The site is not located within an Urban Growth Area. Therefore, this criterion is met.
Part 2 – Approval Criteria 17.12.100(1)
Map 3: Abutting Parcel Sizes
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 5 of 11
(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. Based the findings in Section E, the proposed amendment conforms to the requirements of the Growth Management Act and is consistent with county-wide planning policies and the Lewis County Comprehensive Plan. There are no interlocal planning agreements related to the property or the proposed amendments. Therefore, this criterion is met. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. The 2015, the Washington Department of Natural Resources (DNR) Rock Aggregate Inventory Map of Lewis County was used as a basis for the 2017 Comprehensive Plan periodic review (Section C, Supporting Materials). Based on the map and periodic review analysis, Lewis County has sufficient aggregate reserves to last through 2060. That is based on an assumption that all mineral reserves would be accessed during that period. Mineral resource use is an allowed use in MRL as well as FRL, RDD-5, RDD-10 and RDD-20 zones. However, in reality, mineral extraction within areas of existing aggregate rock doesn’t frequently occur. Mineral resource use is not allowed in the ARL zone and, per the DNR map, there are aggregate resources in ARL zoned areas that will not be accessed unless the area is rezoned. The proposal is to rezone ARL to MRL to allow for mineral extraction, which aides in Lewis County meeting the need of providing rock aggregate by accessing existing reserves. Therefore, this criterion is met. (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 The designation of the site as MRL will have no impact on the rate or distribution of population growth or development to the surrounding area. The applicant states that a future mining operation may employ 10 people. Because surface mining is considered a temporary activity and requires a reclamation plan overseen by DNR, there is no permanent conversion of the land and it would be restored back to agricultural use, or the use listed in the DNR approved restoration plan. Therefore, this criterion is met. (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.
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 6 of 11
The designation of the site as MRL will have no anticipated impact on service providers because there is no development associated with a change to zoning. Impacts from future development may have impact on transportation facilities, as identified through the SEPA DNS comments from WSDOT and Lewis County Public Works. Those impacts will be addressed during project permitting when local and state regulatory requirements must be met. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. Because surface mining is considered a temporary activity and requires a reclamation plan overseen by the DNR, there is no permanent conversion of the land and it will be restored back to agricultural use, or the use listed in the DNR approved restoration plan. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. The RCW and WAC provide for the designation of mineral resource lands, which would otherwise be inconsistent with the surrounding zoning. Please see Section E, Findings of Fact, relate the Growth Management Act. In addition, the site is 443 acres in size and would be designated from one resource use to another resource use. Upon completion of mining operations, the site would be restored to agricultural use, or the use listed in the DNR approved restoration plan. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Community Development website: https://lewiscountywa.gov/departments/community-development/rezones/
2022-08-23 Planning Commission Meeting Notes 2022-08-23 Planning Commission Public Testimony 2022-07-01 Planning Commission Staff Report 2022-06-14 SEP21-0039 Comments on SEPA Determination 2022-05-31 SEP21-0039 SEPA Determination 2022-02-20 RZ21-00002 Public Comments on Notice of Application 2022-02-08 RZ21-00002 Notice of Application 2021-12-20 Mine Resource Evaluation Report 2021-12-20 RZ21-00002 Rezone Application 2015 Lewis County Rock Aggregate Map, DNR E. FINDINGS OF FACT
I. Growth Management Act RCW 36.70A.050 Guideline to classify agriculture, forest and mineral lands and critical areas.
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 7 of 11
(1) Subject to the definitions provided in RCW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forestlands; (c) mineral resource lands; and (d) critical areas. The department
shall consult with the department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forestlands and mineral resource lands, and the department of ecology regarding critical areas. (2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c)
representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forestlands, and mining lands; (f) representatives of local economic development officials; (g) representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the governor's office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required under this subsection, the
department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines. (3) The guidelines under subsection (1) of this section shall be minimum guidelines that apply to all jurisdictions, but also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist counties and cities in designating the classification of agricultural
lands, forestlands, mineral resource lands, and critical areas under RCW 36.70A.170. (4) The guidelines established by the department under this section regarding classification of forestlands shall not be inconsistent with guidelines adopted by the department of natural resources.
During the 2017 Lewis County Comprehensive Plan periodic update, Community Development consulted with the Department of Agriculture regarding agricultural lands, Department of Natural Resources regarding forestland and mineral resource lands and the Department of Ecology regarding critical areas. Community Development also consulted with interested parties identified above and considered input during public hearings. Classification of resource lands was confirmed in the
Comprehensive Plan map adopted by the Board of County Commissioners in 2017. Therefore, this criterion is met. 2 WAC 365-190-070 (1) In designating mineral resource lands, counties and cities must approach the effort as a county-wide or regional process, with the exception of owner-initiated requests for designation. Counties and cities should not review mineral resource lands designations solely on a parcel-by-parcel basis. (2) Counties and cities must identify and classify mineral resource lands from which the extraction of minerals occurs or can be anticipated. Counties and cities may consider the need for a longer planning period specifically to address mineral resource lands, based on the need to assure availability of minerals for future uses, and to not inadvertently preclude access to available mineral resources due to incompatible development. Other proposed land uses within these areas
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 8 of 11
may require special attention to ensure future supply of aggregate and mineral resource material, while maintaining a balance of land uses. Lewis County Code 17.30.720 and 17.30.850 allows for owner-initiated requests to change the classification to mineral resource land if the criteria of the code are met. Please refer to staff findings in the July 1, 2022 Staff Report for findings against the Lewis County Code. Therefore, this criterion is met.
II. Lewis County Countywide Planning Policies 8 Natural Resource Industries. Maintain and enhance natural resource-based industries including productive timber, agricultural, mineral extraction and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. The site will not be used for residential uses, therefore 8.1 is not applicable. The site will not be used for tourism or recreation, therefore 8.3 is not applicable. The site is not adjacent to an Urban Growth Area, therefore planning policy 8.5 is not applicable. The proposed amendment is not related to alternative energy production or education, therefore this planning policy 8.6 is not applicable. 8.0 Land uses adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use of these designated lands for the production of food or agricultural based products, or timber, or for the extraction of minerals. Encroachment on resource lands by incompatible uses shall be prevented by maintenance of adequate buffering between conflicting activities. The site of the proposed amendment is adjacent to Agricultural Resource Land. There will be no off-site excavation. All applicable state and local laws related to critical areas and transportation impacts must be met at the time of project permitting. The proposed MRL designation will not impact adjacent agricultural uses. Further, Washington Department of Natural Resources requires a reclamation plan to restore the site to agricultural uses, or the use listed in the DNR approved restoration plan. Therefore, the proposed amendment is consistent with this planning policy. 8.2 Fishery resources, including the County's river systems inclusive of their tributaries, as well as the area's lakes, and associated wetlands, should be protected and enhanced for continued productivity. The proposed amendment is a non-project action and will have no impact on fishery resources. If there are future project-level impacts identified through subsequent permitting process or SEPA review, those will be required to be avoided, minimized or mitigated per LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, the proposed amendment is consistent with this planning policy. 8.4 All jurisdictions should encourage best management practices (BMP) to reduce adverse environmental impacts on natural resources
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 9 of 11
The proposed amendment is a non-project action and will have no impact on the environment. If there are future, project-level impacts identified through subsequent permitting process or SEPA review, those will be required to be avoided, minimized or mitigated per LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, the proposed amendment is consistent with this planning policy. 11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meets all applicable state laws. Below are the steps with the citizen participation and coordination opportunities highlighted in gray. The process meets planning policies 11.0 through 11.6. 2021-12-20 Application Submitted by Good-Avapollo 2022-01-26 Letter of Incompleteness sent to Applicant 2022-02-08 Notice of Application posted to:
• The Chronicle
• Properties within ¼ mile of subject properties
• On Site
• On Lewis County Community Development Website
2022-02-23 Comments on Notice of Application due (all persons or organization that provide comments are “parties to the record”) 2022-02-24 Comments provided to Applicant 2022-05-31 SEPA Determination issued and posted to:
• The Chronicle
• Properties within 500 feet of subject properties
• Parties to the Record
• SEPA Register
• Interagency Review list
• Tribal Review list
• School District
• Fire District
• On Site
• On Lewis County Community Development Website 2022-06-14 Comments on SEPA Determination due (all persons or organization that provide comments are “parties to the record”) 2022-06-21 SEPA Appeals due
• No appeals filed
Future Planning Commission Workshops July 12; duly noticed Public Hearing August 9 (dates are tentative)
13 Historic Preservation. Identify and encourage the preservation of lands, sites, and
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 10 of 11
structures that have historical or archaeological significance to Lewis County. The proposed amendment is a non-project action. At the time of project level permitting, the project site will be reviewed for any mapped historic and cultural sites, and a project-level SEPA threshold determination and Notice of Application will be sent to the Department of Archeology and Historic Preservation (DAHP) and the Indian Tribes for review and comment. Project permit conditions could include an archaeological site investigation cultural resource survey and that an Inadvertent Discovery Plan be in place prior to ground disturbance. Therefore, the proposed amendment is consistent with planning policies 13.0 through 13.2. III. Lewis County Comprehensive Plan Mineral Resource Lands are part of the Land Use Element, Resource Land Goals and Policies, Natural
Resource section, of the Lewis County Comprehensive Plan. The applicable goals and policies related to mineral resource lands are addressed below. 1.1 View agricultural, timber, and mineral resource lands as an essential feature of Lewis County’s identity, contributing to local employment and the retention of natural character.
Mineral resource lands are identified in the Lewis County Comprehensive Plan and Mineral Resource Land (MRL) zoning designations which were confirmed during the 2017 periodic review. Classification of mineral resource lands meets state RCWs and WACs. Therefore, the proposed amendment is consistent with this plan policy.
1.2 Strive to promote the economic viability of natural resource industries. Lewis County Code 17.30.850 allows for property owners of rural lands to opt-in to mineral resource land designations provided the criteria of LCC 17.30.720 are met. This promotes new mineral resource
mining to access aggregate rock reserves identified by the Washington Department of Natural Resources. The proposed amendment meets LCC 17.30.720. Therefore, the proposed amendment is consistent with this plan policy. 1.3 Encourage resource uses, particularly agricultural and timber uses, in all rural areas.
Lewis County Code 17.30.850 allows for property owners of rural lands to opt-in to mineral resource land designations provided the criteria of LCC 17.30.720 are met. This promotes new mineral resource mining to access aggregate rock reserves identified by the Washington Department of Natural Resources. The proposed amendment meets LCC 17.30.720. Therefore, the proposed amendment is
consistent with this plan policy. 2C.2 Allow the designation of new mineral resource lands as part of a land use application process.
Ordinance 1337 - Exhibit A
ATTACHMENT 5: GOOD-AVAPOLLO MINING OPT-IN REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 11 of 11
Lewis County Code 17.30.850 allows for property owners of rural lands to opt-in to mineral resource land designations provided the criteria of LCC 17.30.720 are met. This promotes new mineral resource
mining to access aggregate rock reserves identified by the Washington Department of Natural Resources. The proposed amendment meets LCC 17.30.720. Therefore, the proposed amendment is consistent with this plan policy. 3.1 Continue to protect the interests of landowners who want to utilize the natural resources on
their property. Lewis County Code 17.30.850 allows for property owners of rural lands to opt-in to mineral resource land designations provided the criteria of LCC 17.30.720 are met. This promotes new mineral resource mining to access aggregate rock reserves identified by the Washington Department of Natural
Resources. The proposed amendment meets LCC 17.30.720. Therefore, the proposed amendment is consistent with this plan policy. 3.3 Ensure that new incompatible land uses are appropriately buffered from existing agricultural, forestry, or mineral resource lands.
LCC 17.30.810 requires that mining operations meet state and federal setback standards and that properties abutting mining resource lands must maintain a 50-foot setback for new structures (subject to administrative setback reduction). Therefore, the proposed amendment is consistent with this plan policy.
5.1 Work to ensure that agriculture (including ranching), forestry and mineral resource activities are conducted in a manner that minimizes their adverse impacts on water quality, habitat, and other environmentally sensitive areas.
The proposed amendment is a non-project action and will have no impact on the environment. If there are future, project-level impacts identified through subsequent permitting process or SEPA review, those will be required to be avoided, minimized or mitigated per LCC 17.25, Shoreline Management, and 17.38, Critical Areas. Therefore, the proposed amendment is consistent with this plan policy.
5.2 Cooperate with appropriate agencies to confirm that mineral extraction sites are restored in a manner consistent with Washington State and Lewis County laws and regulations. Mining is a temporary use and requires a reclamation plan overseen by the Washington Department of Natural Resources. Therefore, the proposed amendment is consistent with this plan policy.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 7
A. SUMMARY
The owner, De Goede Bulb Farm, has requested to amend the Lewis County Comprehensive Plan classification from Resource Land to Other Rural Land (non-resource) and to rezone the parcel from Agricultural Resource Land (ARL) to Rural Development District 5 (RDD-5) for parcel 028519065005. The request is being made because the parcel is not suitable for agricultural uses due to steepness. Map 1 is the vicinity map for parcel 028519065005 that shows the land proposed for the rezone from ARL to RDD-5.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on August 23, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to amend the Lewis County Comprehensive Plan from Resource Land to Other Rural Land and rezone the parcel from Agricultural Resource Lands to Rural Development District 5 for the parcel 028519065005. Map 2 shows the updated Lewis County Comprehensive Plan map designation for the parcel listed above.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 2 of 7
Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Correcting an Error – It is clear from the map that the steep portion of the site does not meet the criteria for being designated as ARL and it is appropriate to fix the error. 2. Highest and Best Use – RDD-5 appears to be the highest and best use for this site given its location and steepness. The site is located near Mossyrock, which is an incorporated town. The maximum number of lots possible is five.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 3 of 7
C. STAFF ANALYSIS
The USDA criteria for land being capable of agricultural production includes soil types that can or are
likely to support agricultural uses and that do not have landforms that restrict the agricultural uses. The USDA inventory of agricultural land capability was updated in 2007, prior to the 2009 periodic review of the Lewis County Comprehensive Plan. The results of the inventory are not at a parcel-by-parcel scale
and must be evaluated locally during periodic updates of the local comprehensive plan.
Lewis County used the criteria specified in WAC 365-190-050 to designate agricultural lands, which requires use of the USDA inventory and soil classifications. During periodic review in 2009, the ARL designation was applied to the De Goede hillside parcel. At the time, the parcel was contiguous to the
larger De Goede Bulb Farm; however, the other parcels under De Goede ownership are flat parcels and were in agricultural production since before 1995.
Ordinance 1207 (August 10, 2009) adopted the ARL designation amendments. The ordinance did not specify rationale for each amendment to the designations. The explanation in the ordinance for
amendments to Area #14, which includes the parcel, is “Additional parcels are recommended for ARL designation along Highway 508, north of Harmony Road, and around the 2007 ARL surrounding
Mossyrock. These land have prime-if-drained soils and aerial photos indicate recent agricultural activities. Absent evidence to the contrary, these soils appear to have been drained and are thus prime soils considered for ARL designation. Parcel size generally greater than 20 acres and agricultural tax
status also support ARL designation. In addition, significant acreage has been added to ARL that includes lands in timber use on prime farmland soils. Not all ARL-parcels with prime-if-drained soils that
are still in timber use or that are visibly wet in aerial photos are not drained and therefore not considered as prime soils. Several possible nurseries were also examined along Highway 508 east of Justus Road. No significant (if any) nursery activities are visible on these lands and thus are not
recommended for ARL designation. A large nursery (Raintree Nursery) in FRL lands was evaluated for possible ARL designation. This nursery is excluded from ARL because it would create an illogical island
of ARL surrounded by FRL, and is protected as resource lands under FRL designation.” (Ordinances are available online at https://lewiscountywa.gov/offices/commissioners/.) It appears from the description that many of the amendments to Area #14 were made by remote analysis using soil data and aerial
photography. It is unclear from the explanation why the De Goede land with steep hillside was included in the ARL designation amendments.
Until 2020, the parcel 028519065005 did not exist and the land was part of parcel 028519065001 as shown in Map 2. Staff assume the entire parcel 028519065001 was included in ARL because the practice
of “split zoning” a single parcel is inadvisable and the flat portion of the parcel was in active agriculture use in 2009. In 2020, De Goede Bulb Farm divided parcel 028519065001 and formed the new parcel
028519065005, which encompasses the steep hillside, as shown in Map 3.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 4 of 7
Map 2: 2010 Parcel Map - De Goede Bulb Farm Properties
Map 3: 2020 Parcel Map - Hillside Parcel
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 5 of 7
Lewis County Code 17.12.100(1) are the approval criteria that Board of County Commissioners are required to use to determine if a comprehensive plan map amendment can be approved. Below, staff have provided findings against each criterion to help the Board of County Commissioners assess if LCC is met. (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. The applicable rules are addressed below. WAC 365-190-050(3) Agricultural resource lands (c) The land has long-term commercial significance for agriculture. In determining this factor, counties and cities should consider the following nonexclusive criteria, as applicable: (i) The classification of prime and unique farmland soils as mapped by the Natural Resources Conservation Service; (ii) The availability of public facilities, including roads used in transporting agricultural products; (iii) Tax status, including whether lands are enrolled under the current use tax assessment under chapter 84.34 RCW and whether the optional public benefit rating system is used locally, and whether there is the ability to purchase or transfer land development rights; (iv) The availability of public services; (v) Relationship or proximity to urban growth areas; (vi) Predominant parcel size; (vii) Land use settlement patterns and their compatibility with agricultural practices; (viii) Intensity of nearby land uses; (ix) History of land development permits issued nearby; (x) Land values under alternative uses; and (xi) Proximity to markets.
Due to its steepness the parcel does not have long-term commercial significance for agriculture.
There are no adequate roads that access the parcel; it is accessed by a private dirt road. Therefore, this criterion is met.
Lewis County Comprehensive Plan, Land Use, Policy 2A.4, Where possible, establish provisions to allow landowners the opportunity to redesignate portions of their property that contain poor soils or are
otherwise not suitable for agricultural purposes. LCC 17.05 and 17.12 allow for redesignation of property based on meeting the approval criteria. The parcel is not suitable for agricultural purposes based on the steepness of the slope. Therefore, this criterion is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 6 of 7
Lewis County Comprehensive Plan, Land Use, Policy 2A.5, continue to allow landowners the opportunity to request zoning changes to agricultural resource lands that have been designated in error or based on incorrect information. LCC 17.05 and 17.12 allow landowners to request zoning change to agricultural resource lands. The parcel was designated in error because it does not meet the criteria for designation as agricultural resource land. Therefore, this criterion is met. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. The parcel should not have been included in the ARL zone designation because the steepness of the parcel does not support agricultural uses. It was likely originally included due to contiguous ownership with the larger De Goede Bulb Farm. The comprehensive plan map amendment and rezone is needed to correct that error. Therefore, this criterion is met. (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 The proposed rezone may create up to five lots that can each be developed with up to one single family residence and one accessory dwelling unit. This would add between 25 and 40 new residents to the general Mossyrock area. While the rezone would change the designated from ARL to RDD-5, the parcel is not capable of supporting agricultural uses, therefore it is not a conversion of resource use. Therefore, this criterion is met. (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. The comprehensive plan map amendment and zone change is a non-project action and will have no impact on service providers because there is no development associated with a change to zoning. Future development will be at a rural density and would rely on on-site well and septic. Future development may have an impact on other service providers, such as fire, however, those impacts will be addressed through future permitting when project-level impacts are known. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. As stated above the parcel is not capable of supporting agricultural uses due to the steepness. Therefore, this criterion is met.
Ordinance 1337 - Exhibit A
ATTACHMENT 6: DE GOEDE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 7 of 7
(d) The amendment does not include or facilitate spot zoning. The amendment does not facilitate spot zoning because applying RDD-5 would be an expansion of an adjacent and compatible zoning designation and associated use allowances. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Community Development website: https://lewiscountywa.gov/departments/community-development/rezones/
2022-08-23 Planning Commission Meeting Notes 2022-08-23 Planning Commission Public Testimony 2022-07-12 SEPA Determination 2022-03-25 Applicant Response to Comments on Notice of Application 2022-02-15 Comments on Notice of Application 2022-02-10 Notice of Application 2022-01-28 Letter of Completeness 2021-12-30 SEPA Checklist 2021-12-30 Rezone Application 2009-08-10 Ordinance 1207 – Comprehensive Plan ARL Amendments
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 1 of 10
A. SUMMARY
The owners of the Adna Grocery store, Jim and Cindy Smith, have requested to amend the Lewis County Comprehensive Plan classification from Resource Land to Small Community (non-resource) and to rezone the site from Agricultural Resource Land (ARL) to Small Town Mixed Use (STMU). The request is being made because the existing use of a grocery store and gas station is a non-conforming use under ARL. The owners plan to add a restaurant with indoor and outdoor dining, associated parking and site improvements as needed. This use type is also non-conforming in the ARL zone. Existing and proposed uses on the site would be conforming if the site is rezoned to STMU. Map 1 is the vicinity map that shows the land proposed for the rezone from ARL to STMU.
B. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a duly noticed public hearing on August 23, 2022 to receive testimony from the public. After closing the record, the Planning Commission voted unanimously that the Board of County Commissioners should pass an ordinance to amend the Lewis County Comprehensive Plan from Resource Land to Small Community and rezone the property from Agricultural Resource Land (ARL) to Small Town Mixed Use (STMU) for parcel 018752001000. Map 2 shows the updated Lewis County Comprehensive Plan map designation for the parcels listed above. Note – The right-of-way will also be included in the Small Community designation.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 2 of 10
Map 2: Lewis County Comprehensive Plan Map Designations The commissioners discussed specific points that they request BOCC consider when making a final decision on the proposed action: 1. Correcting an Error – Adna Grocery Store has been in its currently location since before Lewis County had to start planning under GMA and it should have been included in the STMU designation to begin with. This rezone is correcting that error.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 3 of 10
C. STAFF ANALYSIS
In 1995, when Lewis County was required to meet the requirements of the Growth Management Act (GMA), counties were allowed to designate Limited Areas of More Intense Rural Development (LAMIRDs) to recognize places like Adna, which is an unincorporated small town. WAC 365-196-425 states that the outer boundary of a LAMIRD should be based on the development patterns that existed at the time the jurisdiction was required to meet the GMA, which was 1995 for Lewis County. Based on information from the Lewis County Assessor’s Office, the Adna Grocery Store has been a commercial retail use since at least 1983 although records show it dating back much longer than that. Staff reviewed Ordinance 1170B, which was the ordinance that adopted the STMU zone designation along with the rest of the county’s zoning. Ordinance 1170B did not mention the Adna Grocery Store and it is not known why the site was not included in the LAMIRD and zoned STMU. Lewis County Code 17.12.100(1) are the approval criteria that the Board of County Commissioners are required to use to determine if a comprehensive plan map amendment can be approved. Below, staff have provided findings against each criterion to help the Board of County Commissioners assess if LCC is met. (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. Based the findings in Section E, the proposed amendment conforms to the requirements of the Growth Management Act and is consistent with county-wide planning policies and the Lewis County Comprehensive Plan. There are no interlocal planning agreements related to the property or the proposed amendments. Therefore, this criterion is met. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. According to the Lewis County Assessor’s Office, the site has been in a commercial retail use since at least 1983. The site should have been included as a Small Community in the Lewis County Comprehensive Plan Map LU-2 based on development patterns that existed in 1995. The comprehensive plan map amendment and rezone is needed to correct that error. Therefore, this criterion is met. (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
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 4 of 10
There is no anticipated impact on population growth. Development and employment could increase with future expansion of the commercial retail uses. Although the zoning would be changed, the actual use would remain the same. Therefore, this criterion is met. (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. The comprehensive plan map amendment and zone change is a non-project action and will have no impact on service providers because there is no development associated with a change to zoning. Future development could have an impact on service providers, which would be addressed through future permitting when project-level impacts are known. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. The site has been a grocery store since at least 1983, The has not been used as and nor could it likely be used, as agricultural land of long term commercial significance because the site is 0.74 acres in size and much of the site is in the floodplain. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. The amendment does not facilitate spot zoning because it would be an expansion of an adjacent and compatible zoning designation and associated use allowances. Therefore, this criterion is met. D. SUPPORTING MATERIALS
The following supporting documents are available on the Community Development website https://lewiscountywa.gov/departments/community-development/rezones/ . 2022-08-23 Planning Commission Meeting Notes 2022-08-23 Planning Commission Public Testimony 2022-07-12 SEPA Determination 2022-02-08 Notice of Application 2022-01-26 Letter of Completeness 2021-12-29 SEPA Checklist 2021-12-29 Rezone Application
E. FINDINGS OF FACT
I. Growth Management Act
RCW 36.70A.070(5)(d) Limited Areas of More Intense Rural Development
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 5 of 10
(iv) A county shall adopt measures to minimize and contain the existing areas of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas shall not extend beyond the logical outer boundary of the existing area, thereby allowing a
new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development.
(v) For purposes of this subsection (5)(d), an existing area or existing use is one that was in existence: (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); In 1995, Lewis County was required to plan under all provisions of the Growth Management Act RCW
36.70A. Therefore, the outer logical boundary of limited areas of more intense rural development (LAMIRDs) should be based on development patterns and density that existed in 1995. The Adna Grocery Store has been designated by the Lewis County Assessor’s Office as commercial retail use for the purposes of taxation since 1983. In 1995, the Adna LAMIRD boundary ended at Bunker Creek Road, but should have included the Adna Grocery Store, which was a consistent existing development and use
as other uses within the Adna LAMIRD. Amending the Lewis County Comprehensive Plan map from Resource Land to Small Community will correct this error. Therefore, the proposed amendment is consistent with this rule. WAC 365-196-425(6) Limited Areas of More Intense Rural Development (c)(i) Type 1 LAMIRDs - Isolated areas of existing more intense development. Within these areas, rural development consists of infill, development, or redevelopment of existing areas. These areas may include a variety of uses including commercial, industrial, residential, or mixed-use areas. These may be also characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. The Adna LAMIRD is a village and rural activity center. The Adna Grocery Store has been a part of the village and contributing use to the rural activity center since at least 1983. Therefore, the proposed amendment is consistent with this rule. (B) When establishing a Type I LAMIRD, counties must establish a logical outer boundary. The purpose of the logical outer boundary is to minimize and contain the areas of more intensive rural development to the existing areas. Uses, densities or intensities not normally allowed in a rural area may be allowed inside the logical outer boundary consistent with the existing character of the LAMIRD. Appropriate and necessary levels of public facilities and services not otherwise provided in rural areas may be provided inside the logical outer boundary. (C) The logical outer boundary must be delineated primarily by the built environment as it existed on the date the county became subject to the planning requirements of the act.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 6 of 10
(D) The fundamental purpose of the logical outer boundary is to minimize and contain the LAMIRD. Counties should favor the configuration that best minimizes and contains the LAMIRD to the area of existing development as of the date the county became subject to the planning requirements of the act. When evaluating alternative configurations of the logical outer boundary, counties should determine how much new growth will occur at build out and determine if this level of new growth is consistent with rural character and can be accommodated with the appropriate level of public facilities and public services. Counties should use the following criteria to evaluate various configurations when establishing the logical outer boundary: (I) The need to preserve the character of existing natural neighborhoods and communities; The Adna Grocery Store should have been included in the logical boundary of the Adna LAMIRD because the store existed on the date the county because subject to the planning requirements of the act. The Adna Grocery Store was part of the existing community prior to and in 1995. Therefore, the proposed amendment is consistent with this rule. (E) Once a logical outer boundary has been adopted, counties may consider changes to the boundary in subsequent amendments. When doing so, the county must use the same criteria used when originally designating the boundary. Counties should avoid adding new undeveloped parcels as infill, especially if doing so would add to the capacity of the LAMIRD. Following the same criteria used to establish the Adna LAMIRD, it was an error that the Adna Grocery Store was excluded from the logical outer boundary of the LAMIRD and the boundary should be
amended to include the Adna Grocery Store. This amendment will not add new undeveloped parcels as infill. Therefore, the proposed amendment is consistent with this rule. II. Lewis County Countywide Planning Policies
1 Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 1.7 Rural areas have low-density development, which can be sustained by minimal infrastructure improvements. Exceptions will be made for areas appropriate for more intense development that are consistent with state law. Adna is a limited area of more intense rural development. Therefore, the proposed amendment is consistent with this planning policy. 5 Economic Development. Encourage economic development throughout Lewis County that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of Lewis County’s natural resources, public services and public facilities.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 7 of 10
5.0 The development of businesses and industries should be encouraged within cities, urban growth areas, designated Limited Areas of More Intense Rural Development (LAMIRDs), and those unincorporated areas of Lewis County that satisfy the requirements set forth in RCW 36.70A.350, .360, .362, .365, .367, and 368. The proposal is an amendment to an existing LAMIRD to include an existing commercial retail use. Therefore, the proposed amendment is consistent with this planning policy. 5.2 A diversified economic base should be encouraged to minimize the vulnerability of the local economy to economic fluctuations. Inclusion of the Adna Grocery Store in the LAMIRD will change the use from non-conforming to conforming and allow future expansion to support the local economy. Therefore, the proposed amendment is consistent with this planning policy. 8 Natural Resource Industries. Maintain and enhance natural resource-based industries including productive timber, agricultural, mineral extraction and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. 8.0 Land uses adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use of these designated lands for the production of food or agricultural based products, or timber, or for the extraction of minerals. Encroachment on resource lands by incompatible uses shall be prevented by maintenance of adequate buffering between conflicting activities. The site of the proposed amendment is adjacent to Agricultural Resource Land. The site will continue with the existing use, which will become conforming, and will not have negative impacts on the continued use of adjacent agricultural resource. Therefore, the proposed amendment is consistent with this planning policy.
9 Open Space and Recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks. 9.2 The Lewis County river systems and tributaries are a resource that should be protected, enhanced, and utilized for active and passive recreation. The proposed amendment is a non-project action that will have no impact on river systems, therefore this planning policy is not applicable. Future project-level actions will require all local and state laws are met related to protection of surface streams including LCC 17.25, Shoreline Management, and 17.38, Critical Areas. The proposed amendment is consistent with this planning policy.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 8 of 10
10 Environment. Protect the environment and enhance Lewis County’s high quality of life including air and water quality, and the availability of water. 10.3 All jurisdictions shall recognize the river systems within the County as pivotal freshwater resources and public water supplies and shall manage development within the greater watershed in a manner consistent with planning practices that do not seriously degrade the integrity of the resources. The proposed development is a non-project action that does not impact to river systems. Future project-level impacts will be required to conform to all applicable local and state requirements including LCC 17.25, Shoreline Management, and 17.38, Critical Area, as well as SEPA review. Therefore the proposed amendment is consistent with this planning policy. 10.6 Floodplains, lakes, rivers, streams, and other water resources should be managed for multiple beneficial uses including, but not limited to flood and erosion control, fish and wildlife habitat, agriculture, aquaculture, open space and water supply. Use of water resources should to the fullest extent possible preserve and promote opportunities for other uses. The proposed development is a non-project action that does not impact flood or erosion control or fish or wildlife habitat. Future project-level impacts will be required to conform to all applicable local and state requirements including LCC 17.25, Shoreline Management, and 17.38, Critical Area, as well as SEPA review. Therefore, the proposed amendment is consistent with this planning policy. 11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meeting all applicable state laws. Below is are the steps and the citizen participation and coordination opportunities are highlighted in gray. The process meets planning policies 11.0 through 11.6. 2021-12-29 Application Submitted by Smiths 2022-01-26 Letter of Completeness sent to Applicant 2022-02-08 Notice of Application posted to:
• The Chronicle
• Properties within ¼ mile of subject properties
• On Site
• On Lewis County Community Development Website
2022-02-23 Comments on Notice of Application due (no comments submitted) 2022-07-12 SEPA Determination Issued and posted to:
• The Chronicle
• Properties within 500 feet of subject properties
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 9 of 10
• Parties to the Record
• SEPA Register
• Interagency Review list
• Tribal Review list
• School District
• Fire District
• On Site
• On Lewis County Community Development Website 2022-07-26 Comments on SEPA Determination due (all commenters are “parties to the record”) 2022-07-26 Planning Commission Workshop 2022-08-02 SEPA Appeals due 2022-08-23 Planning Commission duly noticed Public Hearing (tentative) III. Lewis County Comprehensive Plan
LAMIRDs are part of the Land Use Element, Rural Lands, of the Lewis County Comprehensive Plan. The
applicable goals and policies are addressed below. 1.2 Encourage rural development, outside of urban growth areas, in a pattern and density that:
compliments rural character, supports the surrounding and prevailing land use patter, minimizes impacts to resource lands and critical areas, assures visual compatibility, and
does not create demand for urban services for county taxpayers. The proposed amendment is to change the existing Adna Grocery Store from a non-conforming use to
a conforming use. This is consistent with rural character of Adna and support the existing land use pattern. The rezone will have no impact on resource land or critical areas because it recognizes and
existing and long term (since at least 1983) use. The rezone will not create demand for urban services. Therefore the proposed amendment is consistent with this policy.
1.3 Consider the small unincorporated communities, and other Limited Areas of More Intensive Rural Development (LAMIRDs), as key elements of the rural character of Lewis County.
Existing LAMIRDs provide the opportunity for rural residents to purchase goods and services, and offer locations for residents to live, start a business or find a job.
The proposed amendment will help maintain an existing grocery store that is important to the Adna LAMIRD. Therefore the proposed amendment is consistent with this policy.
2.1 Promote the development of a vital rural economy in Lewis County with jobs in agriculture, mining, timber production, home occupations, small businesses, and a variety of other
industries.
Ordinance 1337 - Exhibit A
ATTACHMENT 7: ADNA GROCERY STORE REZONE
Lewis County Comprehensive Plan Map Amendments Pg. 10 of 10
Inclusion of the Adna Grocery Store in the LAMIRD will change the use from non-conforming to conforming and allow future expansion to support the local economy. Therefore the proposed amendment is consistent with this planning policy.
4.3 Ensure that future amendments to the boundaries or standards for LAMIRDs are consistent with RCW 36-.70A.070(5)(d).
Please refer to Growth Management Act findings.
5.3 Actively promote the economic development of existing all communities to ensure that the settlements can continue to provide goods and services and offer employment
opportunities to local residents.
The proposed amendment is to change the existing Adna Grocery Store from a non-conforming use to a conforming use. This is consistent with rural character of Adna and support the existing land use pattern. This will allow future expansion to support the local economy. Therefore the proposed amendment is consistent with this planning policy.
Ordinance 1337 - Exhibit A