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Ord 1314, moratorium upon certain permits within rural and resource land BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ORDINANCE NO 1314 PROPOSED ACTION TO ENACT ORDINANCE 1314, A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL AND RESOURCE LANDS OF LEWIS COUNTY. NOW THEREFORE BE IT ORDAINED DONE IN OPEN SESSION this 3rd day of February, 2020. APPROVED AS TO FORM• BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Gary Stamper By Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney •VtTY' ATTEST: .•4Ls:• ti IS Edna J . Fund :w ° c Edna J Fund, Vice Chair S1tyLt, , ; \,45 t . Rieva Lester Robert C . Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE OF THE COUNTY OF LEWIS ) RENEWING A MORATORIUM UPON CERTAIN ) ORDINANCE NO 1314 PERMITS WITHIN THE RURAL AND RESOURCE ) LANDS WHEREAS, in 2002 Lewis County permitted resource uses, including mineral and agricultural resource uses, to occur on rural lands (Ordinance 1179 Ex. C p.46); and WHEREAS, such uses as well as isolated small businesses were sometimes subject to restrictions such as special use permitting (Ordinance 1179 Ex. C p. 42, 46), and WHEREAS, from time to time since 2002, through a public participation process, Lewis County has amended rural zoning; and WHEREAS, in September 2018, through a public participation process, Lewis County amended rural zoning to list "Standalone food or beverage manufacturing" via a special use permit amongst the permissible rural land uses (Ordinance 1292 p. 9); and WHEREAS, this use is broad enough to include breweries, vineyards, and other agritourism ventures in which the food or beverage is manufactured using material not farmed on-site (Ordinance 1292 p. 2-3); and WHEREAS, this use is also broad enough to include other food and beverage manufacturing not limited in size or limited in scope to agriculture; and WHEREAS, the Lewis County Water Alliance (LCWA), a citizens' group, objects to this provision as potentially permitting large-scale water bottling plants in rural areas, and notes that its application for that purpose outstrips its originally intended scope; and WHEREAS, the LCWA seeks revision of the Lewis County Code's treatment or rural and resources uses related to water extraction and food and beverage manufacturing, claiming that the current code is inconsistent with the Growth Management Act, state water law, and the Lewis County Comprehensive Plan; and WHEREAS, while Lewis County may not agree with LCWA's legal positions, it wishes to study the issue for purposes of safeguarding rural character and protecting natural resources consistent with the Growth Management Act; and WHEREAS, to preserve the status quo and allow for responsible study of the issue via a public process, Lewis County enacted Ordinance 1306, renewing a moratorium as Ordinance 1314 - Page 1 authorized by RCW 36.70A.390 and Article 11, Section 11 of the Washington State Constitution; and WHEREAS, Ordinance 1306 will expire six months following enactment, unless extended; and WHEREAS, the County predicts the need for an additional six-month period to continue the study of the issue; and WHEREAS, the County may, during the additional six-month period consider and ratify, the Lewis County Planning Commission recommended 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 if so, the need for this moratorium will likely cease. NOW THEREFORE BE IT ORDAINED by the Lewis County Board of County Commissioners as follows: Section 1. Moratorium a The Lewis County Board of County Commissioners hereby imposes a moratorium upon the submission, acceptance, processing, or approval of any land- use or building permit application(s) concerning: i. All uses on agricultural, forest, and mineral resource lands and/or rural lands that intend to aid the extraction of water for sale as a principal goal; and/or ii. Facilities for standalone food or beverage manufacturing, as defined in Lewis County Code 17.10.190, that propose to use water in excess of the permit- exempt limits of RCW 90.44.050. b. The moratorium in section (a)(i), above, does not apply to uses that intend to aid the extraction of water for other purposes, such as (but not limited to) to obtain rock or other minerals that may be filtered from the water and then used or sold. c. The moratorium in section (a)(i), above, does not apply to uses that merely study the extraction of water for sale, so long as the land-use or building permit application does not authorize a use aiding the actual extraction of water for sale. Section 2. Duration of Moratorium. The moratorium adopted by this Ordinance is effective immediately upon adoption and shall remain in effect for six (6) months, unless subsequently extended or rescinded by the Board pursuant to state law. If the Board of County Commissioners adopts other county code that satisfies the intent of Ordinance 1314 - Page 2 this moratorium, the Board of County Commissioners may lift this moratorium by resolution. Section 3. Public Hearing. Pursuant to RCW 36.70A.390, a public hearing will be held on February 3, 2020. Section 4. Ratification. Any act consistent with the authority of this Ordinance is hereby ratified and affirmed Section 5. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of this Ordinance or application of the provision to other persons or circumstances shall be unaffected. Section 6. Findings. The Lewis County Board of Commissioners hereby adopts the above recitals as findings of fact in support of this Ordinance. PASSED IN REGULAR SESSION THIS DAY OF 020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan eyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON By: Deputy Pros. Attorney Gar4Aligr ' irk ATTEST: Edn. J. Fund, Vic-f air / _ , . Rieva Lester, Clerk of the Board 'obert C. Jackson, ommissioner ••county, w•. •• v. ` 2. • • :a1 SINCE z: 1S"' 12:•: Ordinance 1314- Page 3 -A 17KDt7bR 41rt La-X-tom t.. SIGN-IN SHEET FOR PUBLIC HEARING ON O - ' - i3/`� '''71-5 2t -/ Pkt-/ 60271_ Lewis County Courthouse, 351 N W North Street, Chehalis, Wash Meeting date. h - .� 0-1-7, da NAME PHONE REPRESENTING ADDRESS 1 C SL r: E� 3b0-11 940 -1470 �6L- \9�2 -2�3- 1`&t D (-14 F MDLE 2 ,s"v 3 *V, 75-7a C I F 17 7 1-1-4=- -04) /eo4-4/ k44v die 3 4 5 6 7 8 9 10 11 12 13 14 Notice The information provided on this document may be subject to public disclosure per RCW 42 56 070 Rieva Lester From: contact @lewiscountywa gov Sent: Saturday, January 11, 2020 2 08 PM To: Rieva Lester, Candace Hallom, BOCC Subject: Email from Commissioners Contact Form Name Linda Wood Email woodcpa @verizon net Message Resolution 20-007 Re Ordinance 1314 Notice of a public hearing and proposed action to renew a moratorium upon certain permits within the rural and resource lands of Lewis County and directing the setting of a public hearing.The hearing will take place in the Commissioners' Hearing Room at or after 10 a m Feb 3, 2020 The original said Ordinance 1306 will expire on February 6, 2020 Therefore, we wish to provide written encouragement to all of the Board of County Commissioners to vote to approve this resolution in order to have a hearing and vote on said subject before the expiration date. And further that on Feb 3, 2020 at that hearing we ask that the Commissioners vote to approve the moratorium extension in order that the Planning Commissioner's work on a related subject may have time to be presented to the Commissioners at a later meeting. Thank you, Frank and Linda Wood 111 James Ln Randle WA 98377 1 113240 Ordinance 1314 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 1 AFFIDAVIT COMMISSIONERS will hold a public hearing on OF PUBLICATION February 3, 2020 starting at or after 1000 am STATE OF WASHINGTON The public hearing will consider Ordinance 1314, COUNTY OF LEWIS an ordinance renewing a moratorium upon certain permits within the rural and resource lands of Lewis Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, County related to extrac- and/or Cindy Thayer says that she is the legal clerk of tion of water for sale and/or standalone food and bev- Zbe r erage manufacturing Qitjroiitttt The public hearing Co be at the Lewis County Court- house, Commissioners' a semi-weekly newspaper,which has been established,published Hearing Room, at 351 NW in the English language,and circulated continuously as a North e Chehalis WA At thhe e h heaa ring,individ- semi-weekly newspaper in the City of Centralia,and in Lewis uals will be invited to speak County,Washington,general circulation in Lewis County for and/or provide written more than six(6)months prior to the date of the first publication statements regarding the of the notice hereto attached,and that the said Chronicle was on proposed changes All indi the 7th day of July 1941,approved as a legal newspaper by the victuals wishing to speak are encouraged to attend Superior Court of said Lewis County And that the attached is a Written comments may be true copy and was published in regular issues(and not in submitted in advance of supplement form)of said newspaper as LEGAL#113240 the hearing to. RE Ordinance 314 l e e . n a o i e r @Iewiscountywa.goy once each for a period of 1 Details about the proposal are available at https.//lewi commencing on 01/14/2020 and ending on 01/1 2020 developwa.gov/community g g development Hard copies are available at the Lewis and both regularly distributed to its subscribers during all of said County Community Devel- period That the full amount of the fee charged for the foregoing opment Department at 1 •• 'cation is the sum of$ 2.11 2025 NE Kresky Ave, Chehalis WA, at the Tim- �fili - L berland Regional libraries _ filif■ located in Chehalis, Cen- •ascribed ands to before m- 11 1 !2020 tralia, Salkum, Randle, Packwood, and Winlock, and at the Lewis County -al/Pvi AI `- .'#- Senior Centers in Morton, `01111110////// Packwood, Toledo, Twin Notary P-;he in and for the State t.//// �i� Cities (Chehalis), and Win- resi•' .•�a pFtY zs,2 9 The meeting site is barrier O oFS•, L J P .ZARV`'� = free People needing spe- _ cial assistance or accom- i•• = modations should contact PUBt-'O co • the Commissioners' office • 72 hours in advance of the .°00,0, m ��i S ••. fission„..."k \�� meeting ////' OF OFIWP xx` Published The Chronicle January 14,2020 f 113240 Ordinance 1314 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 AFFIDAVIT hold a public hearing on February 3, 2020 starting OF PUBLICATION at or after 10.00 a m The public hearing will STATE OF WASHINGTON consider Ordinance 1314, an ordinance renewing a COUNTY OF LEWIS moratorium upon certain permits within the rural and resource lands of Lewis Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, County related to extrac- and/or Cindy Thayer says that she is the legal clerk of Lion of water for sale and/or standalone food and bev- erage manufacturing ��Q The public hearing will be ebronitte at the Lewis County Court- s house, Commissioners' Hearing Room, at 351 NW a semi-weekly newspaper,which has been established,published North Street, Chehalis, in the English language,and circulated continuously as a WA At the hearing,individ- semi-weekly newspaper in the City of Centralia,and in Lewis uals will be invited to speak County,Washington,general circulation in Lewis County for and/or provide written statements regarding the more than six(6)months prior to the date of the first publication proposed changes All Indi- of the notice hereto attached,and that the said Chronicle was on viduals wishing to speak the 7th day of July 1941,approved as a legal newspaper by the are encouraged to attend Superior Court of said Lewis County And that the attached is a Written comments may be true copy and was published in regular issues(and not in submitted in advance of supplement form)of said newspaper as LEGAL#113240 the hearing to n a RE Ordinance 1314 Ial lntvwa oov Details about the proposal once each for a period of 1 day are available at b IP L.//l?wi t a acv/commumty commencing on 01/14/2020 and ending on 01/14/2020 d loo ent Hard copies are available at the Lewis County Community Devel- and both regularly distributed to its subscribers during all of said opment Department at period That the full amount of the fee charged for the foregoing 2025 NE Kresky Ave, ••• anon is the sum of$2 .01 Chehalis WA, at the Tim- berland Regional libraries ✓ located in Chehalis, Cen- L A, .s� �I , ••• tralia, Salkum, Randle Su'rib-• -. swo' o before m: • /2020 Packwood, and Winlock, 411. and at the Lewis County —/a� 4 ` !j - Senior Centers in Morton, Packwood, Toledo, Twin Win- No • bl in and for the Sta a of ��tiiiiltll///� Cities (Chehalis), and Win- r id+ing Q.:•••E• ARq/',/ , The meeting site is barrier•/ ��\ o.JP Y 2g 'Di,.• t% free People needing spe- cial:•ge��N in•• = assistance or coma Jy� _ •c _ accom- modations should contact the Commissioners' office PUBt-0 • = 72 hours in advance of the �� •• meeting ' S.. OF ion#„ �G ```` Publiisry d The Chronicle• //q/•..•.• 4` 14,2020 ""illlliii10"' BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: Feb. 3, 2020 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance Proposed action to enact Ordinance 1314, a moratorium upon certain permits within the rural and resource lands of Lewis County. Contact: Pat Anderson Phone: 3607402677 Department: CD - Community Development Description: Proposed action to enact Ordinance 1314, a moratorium upon certain permits within the rural and resource lands of Lewis County Approvals: Publication Requirements: Publications: User Status The Chronicle, East County Journal PA's Office Pending Additional Copies: Cover Letter To: Lee Napier, Pat Anderson, Eric Eisenberg