Ord 1297: Amending Lewis County Code Chapter 17.12, Public Participation Program ORDINANCE 1297
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS,AMENDING LEWIS ) ORD 1297
COUNTY CODE CHAPTER 17.12, PUBLIC PARTICIPATION )
PROGRAM )
WHEREAS, under the Growth Management Act, Lewis County is required to have the public participate
in changes to County laws, including regulations and policies such as the Lewis County Code,
Comprehensive Plan and Shoreline Master Program, and
WHEREAS,the existing provisions, included in Lewis County Code Chapter 17 12—Public Participation
Program require two public hearings—one before the Planning Commission and one before the Board
of County Commissioners, and
WHEREAS, in an effort to speed the process to change regulations and policies,the Planning
Commission drafted amendments to Chapter 17.12 and
WHEREAS,the changes are intended to eliminate the requirement for proposed legislative changes to
have a second public hearing before the Board of County Commissioners and to focus more public
participation during the Planning Commission review process, while retaining the right of the BOCC to
hold a public hearing on items that they deem necessary, and
WHEREAS,the Lewis County Planning Commission worked on the draft changes at workshops held on
August 14,September 11, and September 25 2018, and
WHEREAS,the proposed changes were forwarded to the Washington State Department of Commerce
for their 60 day review on September 7, 2018, and
WHEREAS,the Lewis County Planning Commission held a duly noticed public hearing on the proposed
changes on October 9, 2018, and forwarded a copy of the proposal to the Lewis County Board of County
Commissioners (BOCC),and
WHEREAS,on January 7, 2019, the Lewis County BOCC passed a resolution to hold a public hearing on
the proposed code changes on January 28, and directed the Clerk of the Board to provide notice of the
hearing, and
WHEREAS,following the hearing,the BOCC found that the proposed amendments reflected the needs
of area residents, met the intent and requirements of the Growth Management Act, and were in
accordance with the public interest,
ORDINANCE 1297 I January 28, 2019—Page 1
NOW THEREFORE BE IT RESOLVED that the BOCC do hereby amend the Lewis County Code as follows
SECTION 1 Amend Chapter 17 12 as follows
Chapter 17 12
PUBLIC PARTICIPATION PROGRAM*
Sections.
17.12.010 Title
17 12.020 Statutory authority
17.12.030 Applicability
17 12.040 Statement of purpose
17.12.050 Process and procedures
17.12.060 Additional considerations
17 12.010 Title
The ordinance codified into this Chapter shall be known as the Public Participation Program [Ord 1179,
2002]
17 12.020 Statutory authority
This ordinance is adopted pursuant to the provisions of Chapter 36.70A RCW [Ord 1179 2002]
17 12.030 Applicability
This chapter applies to long-range planning issues, including changes to the County comprehensive plan
or development regulations in proceedings not involving a hearing examiner [Ord 1179, 2002]
17 12.040 Statement of purpose
Lewis County encourages public participation in the Growth Management process The Public
Participation Program is to help serve the public interest by detailing the overall process to facilitate public
participation [Ord 1179 2002]
17 12.050 Process and procedures
(1)The Initial Phase—Workshops
(a)At this phase a topic is introduced to the Planning Commission and the stage is set for an
amendment of either the comprehensive plan or the development regulations New topics may be
identified by the public through the amendment process by the Board of County Commissioners or
by the Planning Commission
(b)The Planning Commission will hold a series of background workshops identifying the reasoning
and legal basis for the decisions to be considered, and the proposals for specific modifications
(i) The public is invited to observe the workshops, and the Commission will endeavor to
provide adequate time at the end of the meetings for public comment or input The
ORDINANCE 1297 1 January 28 2019—Page 2
workshops are not public hearings, and although members of the public may be
allowed to comment on materials presented or to identify new information or
questions they may wish the Planning Commission to consider, it is important that
such comments and information relate to the topics on the agenda
(ii) The public may submit written comments on any agenda item, at any time
(2) Phase 2-Planning Commission Hearings
(a)Once the Planning Commission has completed the workshop phase of the
planning process-4 staff will publish a notice of the public hearing and circulate a draft proposal for
public comment-and public
(b)Circulation of proposed draft.
(i) The draft pFoposalproposed draft shall will be made available to the public at least 15
days prior to the scheduled hearings To facilitate the easy public review of the
materials copies of the proposal wand related materials and information willshal•I
be made available through a variety of different methods and at a variety of sites-
includinq physically at at-the Lewis County Planning Department,through email to any
departmental mailing lists, posted end-on-line at its web pago,the County webpage
and physically at-sent to strategic locations in the affected area Such locations may
include
(At)Timberland Regional libraries (5) located at. Chehalis, Centralia Salkum
Randle, and Winlock
(Bit) Lewis County Senior Centers (5)located at Morton, Toledo, Twin Cities
(Chehalis) Packwood and Winlock_
(ii) )-CCopies of the proposal shall also be sent to the state Office of Community
Development for their-60-day review,. - - '- •- - _ __ -• and to all
•-.2 - - - - - - -- - -- •• -- -e.• ' - - to state local tribal and
federal agencies thatwsh have requested '• - - • -- - copies of all
the notice materials
(c4)Notice of heannq.
(i) The Nnotice of the public hearings shall be published in the newspaper of record and
in the newspaper of largest circulation in the area affected -fietiee-s4a11-alse-be
LCC 17.05.100(2)(c) and shall be subject to any additional provisions of state law
ORDINANCE 1297 I January 28, 2019-Page 3
(ii) The Noticesnotice shall be published and posted not less than 10 days prior to the
hearings and shall identify the time, place, and purpose of the hearings and the
locations where information may be reviewed
(ad) Public hearing. A Public public hearings shall have three components
(i) (+)-Staff summary of the materials presented;_
(ii) (44)-Opportunity for public questions and questions from the Planning Commission;
and.
(iii) (iii) Opportunity for public testimony
(#e)Public testimony.
(i) During the public testimony portion of the program, witnesses members of the public
are expected to address the matters on the agenda and not to query staff or the
Commission - . _ -- __ -•- _ _ ._ •••-- _ - __ _ _ -
(ii) At the conclusion of an individual's testimony then Planning Commission-witness
may ask be-asked follow up questions of the person to clarify or focus their point The
Planning Commission may similarly ask questions of staff.
Testimony may be directed to the written proposal either in favor or opposition to
changes the witness individual desires the County to consider, and to choices,
alternatives, and environmental consequences of the proposed development
(iii)
(g)Speakers shall be drawn first from a sign_up sheet which will be available at the
entry as people enter the hearing roomhall The Commission will then hear from
others who did not sign up but who may wish to be heard time permitting The Chair,
at his or her discretion, may provide reasonable limits on the time allotted for each
speaker(s)may have, . The Chair may similarly, permit(or not
permit)a speaker to address the Commission a second time based on the time
available and the need to maintain an orderly public hearing
(iv)
(v) (h)The public will generally be given one week after the final public hearing to deliver
any final written comments to the Planning Commission
(fi) Recommendation.
ORDINANCE 1297 I January 28, 2019—Page 4
(i) After the public hearings, the Planning Commission shall may conduct one or more
workshops to consider the matters presented
(ii) The Planning Commission shall then make its recommendations to the Board of
County Commissioners
(3) Board of County Commissioner l-learingoDetermination.
(a)The Board of County Corn .6-- . .-. • • - . . _ :.e . -_ . .• •• • _ -
(b)The Board of County Comm' •_ - _ _ -- -••- . •. . e-- e _ - •-
Planning Commission w• • -- _••- -- - ••- - - -•• ... , _ _ , - - •
substantive and environmental issues.
(ea) - -- .._ - •e,Upon the receipt of a Planning Commission recommendation, the
Board of County Commissioners may hold one or more workshops to consider matters raised
during the hearings or+n-the writings submitted. If during this time, the Board feels that the Planning
Commission did not effectively consider certain items, the Board may elect to hold a formal public
hearing on the issue or remand the issue back to the Planning Commission.
Sb) If no further review is deemed necessary, the Board may approve the proposal by Ordinance or
deny the proposal
(4)The Record
(a)The County will retain a running copy of all materials received or submitted during any
workshops and public hearings for the proposal The record-shall will identify at the least
(i) (a)-The time and date of the meetings held throughout the process;,
(ii) (b}-The nature of the proceedings (e.g workshop, public hearing)_
(iii) (c) Subject(s) addressed.
ORDINANCE 1297 1 January 28 2019—Page 5
(iv) (d)Persons addressing the subject(s),,
-and
(v) (e)Documents received during the proceedings
(b) Minutes shall should be recorded for each of the meetings and hearings throughout the update
and should be approved at the next scheduled meeting [Ord 1179 2002]
17 12.060 Additional considerations
(1)To ensure cumulative impacts from proposals are effectively considered,Aall related comprehensive
plan amendments and development regulations are to be considered concurrently
(2)To aid and assure public participation, --2 e - - - -e• •e- _ - e ----- - •.- •••e.. , the Board
of County Commissioners may consider the use of citizen advisory committees, technical panels,
consultant teams and/or groups, individually or in concert where appropriate to aid in the unify
understanding and processing of GMA issues No specific format is required, but the goal of public
participation is to be encouraged [Ord 1179, 2002]
SECTION 2 All provisions of the Lewis County Code not specifically addressed herein shall remain in full
force and effect
SECTION 3 If any part of this ordinance is found to be invalid by a court of competent jurisdiction,the
remainder of the ordinance shall remain valid and continue in full force and effect
SECTION 4 This ordinance is in the public interest and shall be effective immediately
PASSED IN REGULAR SESSION THIS QU DAY OF
JIMI
2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS C OUNTY WASHINGTON/
__C------------By Civil Deputy Prosecuting Attorney Robert C Jackson,Ch it
ATTEST Gary Sta per,Vice Char
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Rieva Lester, Clerk of the Boar i \'fir/Edna J Fund,Commiss�•ner
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ORDINANCE 1297 I January 28, 2019—Page 6
NOTICE OF PUBLIC HEARING BEFORE THE
LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS
AND INTENT TO ADOPT
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing on January 28, 2019,starting at or after 10:00 a m
The public hearing will consider Ordinance 1297 changes to Lewis County Code (LCC) Chapter 17 12
—the Public Participation Program. The proposed revisions would reduce the number of public
hearings that are required as part of code or Comprehensive Plan updates, requiring only one
hearing before the Lewis County Planning Commission Currently code and Comprehensive Plan
changes require two hearings, one before the Board of County Commissioners (BOCC) and the other
before the Planning Commission With the revisions,the BOCC would still be allowed to hold public
hearings on items deemed necessary
The public hearing will occur at the Lewis County Courthouse, Commissioners' Hearing Room, at 351
NW North Street Chehalis,WA At the hearings individuals will be invited to speak and/or provide
written statements regarding the proposed changes All individuals wishing to speak are encouraged
to attend Written comments may be submitted in advance of the hearing to
fred.evander @lewiscountywa.gov.
Details about the proposal are available at https.//lewiscountywa.gov/communitydevelopment
Hard copies are available at the Lewis County Community Development Department at 2025 NE
Kresky Ave., Chehalis WA, at the Timberland Regional libraries located in Chehalis Centralia, Salkum,
Randle, Packwood, and Winlock, and at the Lewis County Senior Centers in Morton Packwood
Toledo,Twin Cities (Chehalis), and Winlock
The meeting site is barrier free People needing special assistance or accommodations should contact
the Commissioners'office 72 hours in advance of the meeting.
Pat Anderson/Publish in the Chronicle on January 8 2019
LEWIS COUNTY PLANNING COMMISSION
Robert Whannell,Chairman
LETTER OF TRANSMITTAL
To Lewis County Board of County Commissioners
From Lewis County Planning Commission
Date October 23, 2018
Subject. Transmittal to the BOCC Revisions to the Public Participation Program in Lewis County Code
(LCC) Chapter 17 12
Dear Commissioners
The purpose of this report is to transmit draft revisions to Lewis County Code Chapter 17 12—
Public Participation Program—to the Lewis County Board of County Commissioners
General findings of fact.
1 Under the Growth Management Act, Lewis County is required to have the public participate
in changes to County laws, including regulations and policies such as the Lewis County Code,
Comprehensive Plan, and Shoreline Master Program
2 The current standards for public participation are included in Lewis County Code Chapter
17.12.
3 The existing provisions require two public hearings—one before the Planning Commission
and one before the Board of County Commissioners The provisions
• Extend the needed review time for land use changes by requiring two separate public noticing
periods and hearings
• Encourage public participation to be focused on the BOCC(where the ultimate decision is
made), rather than the Planning Commission process(where the input is most productive for
the update process)
4 To speed the required review time, while still respecting the public participation process,
the Planning Commission drafted amendments to 17 12—Public Participation Program The
changes would eliminate the requirement for proposed legislative changes to have a second
public hearing before the Board of County Commissioners, and would hopefully focus more
public participation during the Planning Commission review process The changes would
also retain the right of the BOCC to hold a public hearing on matters that they deem
necessary
5 On September 7, 2018, staff forwarded the changes to the Washington State Department of
Commerce for their 60-day review
6. Staff additionally provided notice of a Public Hearing on the proposed changes in the
manner prescribed in LCC 17 12 050 on September 18, 2018
7 The Lewis County Planning Commission held a public hearing on the proposed changes to
Lewis County Code Chapter 17 12—Public Participation Program on October 9, 2018
8 Following the public hearing,the Planning Commission deliberated the measures and
determined that the proposed amendments reflected the needs of area residents, met the
intent and requirements of the Growth Management Act, and were in accordance with the
public interest
Conclusions
Based on the above findings and conclusions,the Lewis County Planning Commission
recommends that the Board of County Commissioners pass an ordinance to adopt the
proposed changes to the Lewis County Code Chapter 17 12—Public Participation Program
Being duly authorized to transmit the recommendations on behalf of the Lewis County Planning
Commission, I hereby respectfully submit the document to the Lewis County Board of County
Commissioners
Submitted by '--Q a i Date /0/% 5//g
Robert Whannell,Chair
Lewis County Planning Commission
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Resolution BOCC Meeting Date. Jan 28, 2019
Suggested Wording for Agenda Item Agenda Type. Hearing
Public hearing on Ordinance 1297, revisions to Lewis County Code Chapter 17 12 - Public Participation
Program
Contact Lee Napier Phone 3607402606
Department. Community Development
Action Needed. Approve Ordinance(traffic or other)
Description
Ordinance 1297, an ordinance to adopt revisions to Lewis County Code Chapter 17 12 - Public Participation
Program
CURRENT PROCESS The Lewis County Code currently requires two separate public hearings (to be held by
both the BOCC and the Lewis County Planning Commission) to adopt changes to the land use code,
Comprehensive Plan, and Shoreline Master Program This two-step process
• Extends the needed review time for land use changes by requiring two separate noticing periods and hearings
• Minimizes the importance of the Planning Commission process (where public input is most productive during
the update)
PROPOSED PROCESS The proposed changes would reduce the number of public hearings required for a code
update, imposing only one public hearing before the Lewis County Planning Commission, while retammg the
right of the BOCC to hold a public hearing on matters that they deem necessary
Some additional code clanfications would also be included
Approvals Publication Requirements:
Hearing Date Jan 28, 2019
User Group Status Publications
Eisenberg, Enc ✓/ Pending Chronicle
Gatten, Cullen Pending Publication Dates
Lester, Rieva Pending
Napier, Lee Pending
Additional Copies
Lee Napier,Fred Evander,Eric Eisenberg,Cullen Gatten,Pat Anderson
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107978 Notice of changes to Lewis County
Public Hearing and Code (LCC) Chapter
Intent to Adopt 17 12-the Public Participa-
NOTICE OF PUBLIC Lion Program. The pro-
HEARINGS BEFORE THE posed revisions would re-
LEWIS COUNTY BOARD duce the number of public
OF COUNTY hearings that are required
COMMISSIONERS as part of code or Compre-
AND INTENT TO ADOPT hensive Plan updates, re-
quiring only one hearing
NOTICE IS HEREBY GIV- before the Lewis County
EN that the LEWIS Planning Commission.
COUNTY, WASHINGTON, Currently code and Com-
BOARD OF COUNTY prehensive Plan changes
COMMISSIONERS will require two hearings; one
hold a public hearing on before the Board of County
January 28, 2019, starting Commissioners (BOCC)
at or after 10:00 a.m. and the other before the
The public hearing will Planning Commission.
consider Ordinance 1297 With the revisions, the
BOCC would still be al-
lowed to hold public hear-
AFFIDAVIT ings on items deemed
necessary.
OF PUBLICATION The public hearing will
occur at the Lewis County
STATE OF WASHINGTON Courthouse, Commission-
COUNTY Hearing Room, at 351
COUNTY OF LEWIS NW North Street,Chehalis,
W-a--At the'f idartnys, mdi-
ts> Alysa Andrews and/or Mandy Kiemola says that she is the legal viduals will be invited to
speak and/or provide writ-
clerk of ten statements regarding
the proposed changes. All
t individuals wishing to
Qtjrornttt speak are encouraged to
attend. Written comments
may be submitted in ad-
a semi-weekly newspaper,which has been established published vance of the hearing to:
in the English language,and circulated continuously as a semi f r e d . e v a n d e r
weekly newspaper in the City of Centralia and in Lewis County, @lewiscountywa.gov.
Washington,general circulation in Lewis County for more than Details about the proposal
six(6)months prior to the date of the first publication of the are available at https://lewi
notice hereto attached and that the said Chronicle was on the 7th gcountywa,gov/community
day of July 1941 approved as a legal newspaper by the Superior development. Hard cop
Court of said Lewis County And that the attached is a true copy ies are available at the
published in regular issues(and not in supplement form) Lewis County Community
and was
p g PP Development Department
of said newspaper as LEGAL I/ 107978 RE:Notice of Public at 2025 NE Kresky Ave.,
Heanng an_Intent In to Adopt Chehalis WA, at the Tim-
once berland Regional libraries
once each (/� for period of 1(JI// i located in Chehalis, Cen-
tralia, Salkum, Randle,
commencing on 01/0S/2019 and ending on 01/08/2019 Packwood, and Winlock;
and at the Lewis County
and both regularly distributed to its subscnbers during all of said Senior Centers in Morton,
Packwood, Toledo Twin
period That the full a • n •the f-- harged for the foregoing Cities(Chehalis), and Win
publicatio is the su f$/y 0 lock.
The meeting site is barrier
free. People needing spe-
S.• ;••d and sworn to ,• ore me 01/0872019 cial assistance or accom-
modations should contact
MIL_ !_!L'_ >�`_ the Commissioners' office
�' _ — 72 hours in advance of the
Notary ` blic in and for the State of Washington meeting.
re tng at�� ��11 �` ,,kO�OA B,� 4#i, Published'
anbulary 8,2019 Chronicle
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