NOH regarding Ordinance 1315, An Ordinance to amend Chapter 17.10 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-026
NOTICE OF PUBLIC HEARING TO CONSIDER
ORDINANCE 1315, AN ORDINANCE TO AMEND
CHAPTER 17.10 OF THE LEWIS COUNTY CODE
WHEREAS, the Lewis County Planning Commission found that the extraction of ground
and surface water for bottled water and/or facilities for producing bottled water in the
Rural Development and LAMIRD zoning districts is inconsistent with protecting the rural
character of the county, and
WHEREAS, the Lewis County Planning Commission recommends to the Board of
County Commissioners changes to Chapter 17 10 of the Lewis County Code, amending
the definition for "food and beverage manufacturing" to exclude from this definition the
extraction of ground and surface water for bottled water and/or facilities for producing
bottled water, a use allowed in the Rural Development and LAMIRD zoning districts, and
WHEREAS, the Planning Commission also recommends adding a new definition for
"bottled water" to Chapter 17.10 of the Lewis County Code
NOW THEREFORE BE IT RESOLVED that a hearing before the Board of County
Commissioners is hereby scheduled for February 24, 2020, to take public testimony
and/or written comment on the adoption of Ordinance 1315, amending Chapter 17.10
of the Lewis County Code, and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the BOCC is hereby
instructed to proceed with all appropriate and necessary notifications, posting and
publication for the changes as required by law
DONE IN OPEN SESSION this 27th day of January, 2020
NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY
BOARD OF COUNTY COMMISSIONERS and INTENT TO ADOPT
II
NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY
COMMISSIONERS will hold a public hearing on February 24, 2020, starting at or after 10 00 a m.
The public hearing will consider Ordinance 1315, which amends Lewis County Code Chapter 17 10,
Definitions,that includes amending the definition for"standalone food and beverage
manufacturing" and the adoption of a new definition for"bottled water."
The public hearings 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 hearings to:
Lee Napier at 360 740 2606 or lee.napier @lewiscountywa.gov.
Details about the proposals are available at http //lewiscountywa.gov/departments/community-
development 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.
III
The meeting site is barrier free People needing special assistance or accommodations should contact
the Commissioner's Office 72 hours in advance of the meeting at 360.740 1120
Rieva Lester/Publish in the Chronicle on February 4, 2020
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS )
AMENDING CHAPTER 17.10 OF THE LEWIS ) ORDINANCE NO. 1315
COUNTY CODE )
WHEREAS, Lewis County is required to plan under the Growth Management Act in
accordance to RCW 36.70A.040; and
WHEREAS, RCW 36.70A.070(5) requires counties to enact measures to protect rural
character on lands not designated for urban growth; and
WHEREAS, the Lewis County Comprehensive Plan establishes goals and policies for
protecting rural character; and
WHEREAS, Section 17.150.030 of the Lewis County Code stipulates the Special
Characteristics of Rural Development; and
WHEREAS, the Lewis County Planning Commission held workshops on October 22,
2019 and November 12, 2019 to consider the impacts to rural character by the
extraction of ground and surface water for bottled water and/or facilities for producing
bottled and whether it constituted "food and beverage manufacturing;" and
WHEREAS, the Lewis County Department of Community Development provided notice
of a public hearing before the Lewis County Planning Commission on December 10,
2019 regarding proposed changes to the Lewis County Code relating to the extraction
of ground and surface water for bottled water and/or facilities for producing bottled
water; and
WHEREAS, after taking public testimony at the public hearing, the Lewis County
Planning Commission issued the following findings that
1. The extraction of ground and surface water for bottled water and/or facilities for
producing bottled water was inconsistent with the intent of"standalone food and
beverage manufacturing" under Section 17.10.190 Lewis County Code;
2. That the extraction of ground and surface water for bottled water and/or
facilities for producing bottled water was inconsistent with the purpose of the
Rural Development and the LAMIRD zoning districts; and
Ordinance 1315—Page 1
3. That the extraction of ground and surface water for bottled water and/or
facilities for producing bottled water constituted a major industrial development
under RCW 36.70A.365 that requires siting such developments through a
comprehensive plan amendment
WHEREAS, the Lewis County Planning Commission on December 10, 2019 adopted a
Letter of Transmittal to the Board of County Commissioners (BOCC) relating these
findings and recommending changes to Chapter 17.10 of the Lewis County Code to
amend the definition for "standalone food and beverage manufacturing" to exclude the
extraction of ground and surface water for bottled water and/or facilities for producing
bottled water from said definition and to add a new definition for "bottled water"; and
WHEREAS, the Lewis County Department of Community Development issued a SEPA
Determination of Nonsignificance on January 7, 2020 for amending Sections 17.10.190
and 17.10.020 of the Lewis County Code and received no comment on the threshold
determination; and
WHEREAS, the Lewis County Department of Community Development submitted a
Notice of Adoption on December 16, 2019 to the Washington State Department of
Commerce for the said amendments and received no comment from the review; and
WHEREAS, on January 27, 2020, the BOCC passed Res. 20-XXXX to hold a public hearing
on proposed Ordinance 1315, and directed the Clerk of the Board to provide notice of the
hearing.
NOW THEREFORE BE IT RESOLVED that the BOCC do hereby adopt the following
amendments to the Lewis County Code.
SECTION 1. Amend the definition for "standalone food and beverage manufacturing"
under LCC 17.10.190, "S" Definitions, by adding the underlined section shown below:
Standalone food or beverage manufacturing means a food or beverage
processing use that is not accessory or incidental to a primary underlying
agricultural use. The use may include the assembly or manufacturing of
packaging for the processed product. Processing or manufacturing uses that are
accessory or incidental to a primary agricultural use are considered an
"agricultural" use for the purpose of Chapter 17.42 LCC. Standalone food or
beverage manufacturing does not include the extraction of ground or surface
water for bottled water and/or facilities for producing bottled water.
Ordinance 1315—Page 2
ID) 41,ir
Y
SECTION 2. Add a new definition under LCC 17.10.020, "B" Definitions, for"bottled
water" that reads:
Bottled water is water intended for human consumption and sealed in bottles or
other containers. The definition of bottled water includes enhanced bottled
water, a category of beverages marketed as water with added ingredients, such
as natural or artificial flavors, sugar, sweeteners, vitamins, and minerals. The
extraction of ground or surface water for bottled water and/or the facilities for
producing bottled water is a major industrial development that is an inconsistent
use within any designated Rural Area Zoning District, Resource Lands, and
Chapter 17.150 LCC.
SECTION 3. If a court of competent jurisdiction finds any part of this ordinance to be
invalid, the remainder of the ordinance shall remain valid and continue in full force and
effect.
PASSED IN REGULAR SESSION THIS DAY OF , 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
By: Deputy Prosecuting Attorney Gary Stamper, Chair
NV)
ATTEST: Edna J Fund, Vice Chair
Rieva Lester, Clerk of the Board Robert C. Jackson, Commissioner
Ordinance 1315—Page 3
LEWIS COUNTY PLANNING COMMISSION
Robert Whannell,Chairman
LETTER OF TRANSMITTAL
To: Lewis County Board of County Commissioners
From: Lewis County Planning Commission
Date: December 10, 2019
Subject: Transmittal to the BOCC: Amendment to Lewis County Code, Chapter 17.10,
Definitions, regarding the extraction of ground and surface water for bottled
water and/or facilities for producing bottled water
Dear Commissioners:
The purpose of this report is to transmit to the Board of County Commissioners a draft
amendment to the Lewis County Code Chapter 17 10, Definitions,which would:
1. Exclude the extraction of ground and surface water for bottled water and/or
facilities for producing bottled water from the definition of "standalone food and
beverage manufacturing" (see LCC 17.10.190, "S" Definitions); and
2. Add a definition for "bottled water" under LCC 17.10.020, "B" Definitions,which
would prohibit it as a use in any Rural Area Zoning District and designated Resource
Lands
Findings of Fact
The Lewis County Planning Commission held a public hearing on December 10, 2019 to
consider amendments to the Lewis County Code specific to Chapter 17.10, Definitions.
After considering provisions within Chapter 36.70A, the Growth Management Act, the
Lewis County Comprehensive Plan, chapters within the Lewis County Code, and public
testimony, the Planning Commission found that:
1. The scale and intensity of the extraction of ground and surface water for bottled
water and/or facilities for producing bottled
water constitutes a major
industrial
development under RCW 36.70A.365 that did not meet the original intent of the
definition for "standalone food and beverage manufacturing;"
2 The scale and intensity of the extraction of ground and surface water for bottled
water and/or facilities for producing bottled water was inconsistent with protecting
rural county as provided under Chapter 17 150, Special Conditions - Rural Area
Development, of the Lewis County Code; and,
Letter of Transmittal 1
3. The extraction of ground and surface water for bottled water and/or facilities for
producing bottled water were inconsistent with the stated purposes for the Rural Area
Industrial, Small Town Mixed Use, the Small Town Industrial Districts, and designated
Resource Lands.
Recommendation
Based on these findings of fact, the Planning Commission forwards the following
recommendation to the Board of County Commissioners:
1. Amend the definition for"standalone food and beverage manufacturing" under LCC
17.10.190, "S" Definitions, by adding the underlined section shown below:
Standalone food or beverage manufacturing means a food or beverage processing use
that is not accessory or incidental to a primary underlying agricultural use. The use may
include the assembly or manufacturing of packaging for the processed product.
Processing or manufacturing uses that are accessory or incidental to a primary
agricultural use are considered an "agricultural" use for the purpose of Chapter 17.42
LCC. Standalone food or beverage manufacturing does not include the extraction of
ground or surface water for bottled water and/or facilities for producing bottled water
2. Add a new definition under LCC 17 10.020, "B" Definitions, for "bottled water" that
reads.
Bottled water is water intended for human consumption and sealed in bottles or other
containers. The definition of bottled water includes enhanced bottled water, a category
of beverages marketed as water with added ingredients, such as natural or artificial
flavors, sugar, sweeteners, vitamins, and minerals. The extraction of around or surface
water for bottled water and/or the facilities for producing bottled water is a major
industrial development that is an inconsistent use within any designated Rural Area
Zoning District, Resource Lands, and Chapter 17.150 LCC.
Submitted by G A J \, Date r 2. - / b " I
Robert Whannell, Chair
Lewis County Planning Commission
•
Letter of Transmittal 2
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan. 27, 2020
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of public hearing to consider Ordinance 1315, an Ordinance to amend Chapter 17.10 of the
Lewis County Code Chapter
Contact: Pat Anderson Phone: 3607402677
Department: CD - Community Development RECEIVED
JAN 1 -Z
Description:
Notice of public hearing to consider Ordinance 1315, amending Lewis CcRacIsititaCPIdivila,
Definitions, that includes amending the definition for "standalone food and beverage ATTORNEY
manufacturing" and the adoption of a new definition for "bottled water"
Approvals: Publication Requirements:
Publications:
User Status
Chronicle
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Pat Anderson, Brianna Teitzel,
Eric Eisenberg
113347 Ordinance 13'5
NOTICE OF PUBLIC
HEARINGS BEFORE
THE LEWIS COUNTY
BOARD OF COUNTY
COMMISSIONERS
and INTENT TO ADOPT
NOTICE IS HEREBY GIV-
EN that the LEWIS
COUNTY, WASHINGTON,
BOARD OF COUNTY
COMMISSIONERS will
hold a public hearing on
February 24,2020, starting
at or after 10:00 a.m. The
public hearing will consider
Ordinance 1315, which
amends Lewis County
Code Chapter 17.10, Defi-
nitions. that includes
AFFIDAVIT amending the definition for
food and bev-
OF PUBLICATION erage standalone manufacturing" and
the adoption of a new
STATE OF WASHINGTON definition for "bottled wa-
ter"and may take action to
COUNTY OF LEWIS lift a moratorium within the
rural and resource lands of
Lewis County following
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, adoption of the Lewis
and/or Cindy Thayer says that she is the legal clerk of County code satisfying the
moratorium's intent
�1)e The public hearings will
//�bro itY� occur o the Lewis County
(`/1I/ 1 Courthouse, LewisCounty
Commission-
ers' Hearing Room. at 351
a semi-weekly newspaper,which has been established,published NW North Street,Chehalis,
WA. At the hearings, indi-
in the English language,and circulated continuously as a viduals will be invited to
semi-weekly newspaper in the City of Centralia,and in Lewis speak and/or provide writ-
County,Washington,general circulation in Lewis County for ten statements regarding
more than six(6)months prior to the date of the first publication the proposed changes. All
of the notice hereto attached,and that the said Chronicle was on individuals wishing to
speak are encouraged to
the 7th day of July 1941,approved as a legal newspaper by the attend. Written comments
Superior Court of said Lewis County.And that the attached is a may be submitted in ad-
true copy and was published in regular issues(and not in vance of the hearings to:
supplement form)of said newspaper as LEGAL#113347 Lee Napier at
RE:Ordinance 1315 360.740.2606 or
I e e . n a o i e r
/- � @lewiscountywa5ov.
once each A,�i�for a period of 1 u.�� Details about the proposals
/ are available at http://lewis
commencing on 02/04/2020 and ending on 02/04/2020 countywa.gov/department
srcommunitydevelopment
and both regularly distributed to its subscribers during all of said Hard copies are available
period.That the full amount of the fee charged for the foregoing at the Lewis County Com-
\publ' ion is the s of$22.63 munity Development De
t , partment at 2025 NE Kre-
• sky Ave.. Chehalis WA: at
the Timberland Regional
S t scribed and s om to before a '2020 libraries located in Cheha-
lis,Centralia,Salkum, Ran-
dle, Packwood, and Win-
lock; and the
is
ARR I/r//��i, County Sen otr Centerswin
Notary lie in and for the state neten,. �i�
Morton, Packwood. Tole
re 'ding 1� 'ti�(?:(25?oFs • do, Twin Cities (Chehalis).
P �J P 2� and Winlock.
•
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PVO� ^mow^ C` February 4.2020
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113347 Ordinance 1315
NOTICE OF PUBLIC
HEARINGS BEFORE
THE LEWIS COUNTY
BOARD OF COUNTY
COMMISSIONERS
and INTENT TO ADOPT
NOTICE IS HEREBY GIV-
EN that the LEWIS
COUNTY, WASHINGTON,
BOARD OF COUNTY
COMMISSIONERS will
hold a public hearing on
February 24,2020,starting
at or after 10:00 a.m. The
public hearing will consider
Ordinance 1315, which
amends Lewis County
Code Chapter 17.10, Deli-
AFFIDAVITnitions, that includes
amending the definition for
OF PUBLICATION "standalone food and bev-
erage manufacturing" and
the adoption of a new
STATE OF WASHINGTON definition for "bottled wa-
7� ter" and may take action to
COUNTY OF LEWIS lift a moratorium within the
rural and resource lands of
Lewis County following
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, adoption of the Lewis
and/or Cindy Thayer says that she is the legal clerk of County code satisfying the
moratorium's intent
P The public hearings will
ebronittr
occur at the Lewis County
Courthouse, Commission-
ers' Hearing Room, at 351
a semi-weekly newspaper,which has been established,published NW North Street,Chehalis,
in the English language,and circulated continuously as a WA. At the hearings, indi-
viduals will be invited to
semi-weekly newspaper in the City of Centralia,and in Lewis speak and/or provide writ-
County,Washington,general circulation in Lewis County for ten statements regarding
more than six(6)months prior to the date of the first publication the proposed changes. All
of the notice hereto attached,and that the said Chronicle was on individuals wishing to
the 7th day of July 1941,approved as a legal newspaper by the speak are encouraged to
attend. Written comments
Superior Court of said Lewis County.And that the attached is a may be submitted in ad-
true copy and was published in regular issues(and not in vance of the hearings to:
supplement form)of said newspaper as LEGAL#113347 Lee Napier at
RE:Ordinance 1315 360.740.2606 or
n a o i e r
ni � inri�a cov.
once eaclt1 for a period of 1 Details about the proposals
are available athtto
commencing on 02/04/2020 and ending on 02/04/2020 0 lnt a aovrdeoartment
.Lcomm 1.Ll euo>:a
and both regularly distributed to its subscribers during all of said Hard copies alp -•-.
period.That the full amount of the fee charged for the foregoing at the Lewis County Com
munity Development De-
ton is the sum of$22.63 partment at 2025 NE Kre-
,_ sky Ave., Chehalis WA: at
the Timberland Regional
Subs ' n s to before me 02/04/2020 libraries located in Cheha-
` e Iis,Centralia,Salkum,Ran-
dle. Packwood, and Win-
```11111ARIlltty��/,/ lock; and County Senior Cente syvin
Notary Pu lie in and for the State of Washington,��`�*CP� •R•..
� s. Morton, Packwood, Tole
res giat n , = O?�Q,-4 2 ,2 2FS••• .
do. Twin Cities (Chehalis),
•:oQP gPA'1 = and Winlock.
�CJ� = �‘a0 • Published:The Chronicle
��es,\ February 4,2020
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//////11111I1110