Ord 1315,amend Chapter 17.10 of the LCC and lift moratorium upon certain permits within rural/resource lands BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF THE COUNTY OF LEWIS )
AMENDING CHAPTER 17.10 OF THE LEWIS )
COUNTY CODE AND ACTION TO LIFT A )
MORATORIUM UPON CERTAIN PERMITS ) ORDINANCE NO 1315
WITHIN THE RURAL AND RESOURCE LANDS )
OF LEWIS COUNTY, FOLLOWING ADOPTION )
OF LEWIS COUNTY CODE SATISFYING THE )
MORATORIUM'S INTENT )
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
Ordinance 1315—Page 1
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
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 20-026 to hold a public hearing
on proposed Ordinance 1315, and directed the Clerk of the Board to provide notice of the
hearing; and
WHEREAS, the BOCC adopted Ordinance 1306 in August 2019 and Ordinance 1314 in
February 2020 imposing and extending a moratorium on most land-use or building
permit applications concerning the extraction of water for sale as a principal goal and/or
facilities for standalone food or beverage manufacturing, and
WHEREAS, the moratoria were imposed as a result of citizen concerns about large-
scale water bottling facilities taking advantage of loose language in the county zoning
code, which the citizens believed outstripped the code's intent and was inconsistent
with the Growth Management Act, and
Ordinance 1315—Page 2
WHEREAS, the purpose of these moratoria was to preserve the status quo and allow
for responsible study of the issue via a public process, and
WHEREAS, the BOCC has agreed with and passed the Planning Commission's
recommended revisions in Ordinance 1315, satisfying the intent of the moratoria, and
WHEREAS, Ordinance 1306 has expired, and Ordinance 1314 explicitly permits that it
may be lifted upon the circumstances herein.
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.
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
Ordinance 1315—Page 3
NOW THEREFORE BE IT FURTHER RESOLVED that the moratorium in Ordinance
1314 is lifted Ordinances 1306 and 1314 therefore have no further force and effect,
except as historical evidence of the BOCC's action_
PASSED IN REGULAR SESSION THIS DAY OF 1) 2020.
APPROVED AS TO FORM' BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUN , WASHINGTON
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By Deputy Prosecuting Attorney Gary S mper, C it
ATTEST. Edn. 3 Fund, V7 Ch.'
Rieva Lester, Clerk of the Board Rob-rt C J.ckson, Commissioner
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Ordinance 1315—Page 4
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 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" and may take action to lift
a moratorium within the rural and resource lands of Lewis County following adoption of the Lewis
County code satisfying the moratorium's intent
will occur at the Lewis County Courthouse, Commissioners' Hearing Room, at 351
The public hearings oc y g ,
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
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 7401120
Rieva Lester/Publish in the Chronicle on February 4, 2020
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 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
Submitted byy w, ,e,Q,,Q Date 11 - 16 - /
Robert Whannell, Chair
Lewis County Planning Commission
Letter of Transmittal 2
LBÔAGENbAiTEMsUMMARY
BOCC Meeting Date Feb 24, 2020
Suggested Wording for Agenda Item Agenda Type: Hearing Ordinance
Proposed action to enact Ordinance 1315, an Ordinance to amend Chapter 17 10 of the Lewis
County Code AND ACTION TO LIFT A MORATORIUM UPON CERTAIN PERMITS WITHIN THE RURAL
AND RESOURCE LANDS OF LEWIS COUNTY, FOLLOWING ADOPTION OF LEWIS COUNTY CODE
SATISFYING THE MORATORIUM'S INTENT
Contact: Pat Anderson Phone 3607402677
Department CD - Community Development
Description:
Proposed action to enact Ordinance 1315, an Ordinance to amend Chapter 17 10 of the Lewis
County Code and action to life a moratorium upon certain permits within the Rural and Resource
Lands
Approvals: Publication Requirements:
Publications.
User Status Chronicle
PA's Office Pending
Additional Copies: Cover Letter To:
Lee Napier, Pat Anderson, Brianna Teitzel,
Preston Pinkston, Eric Eisenberg
BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: ORDINANCE NO 1315
PROPOSED ACTION TO ENACT ORDINANCE 1315, AN
ORDINANCE TO AMEND CHAPTER 17 10 OF THE
LEWIS COUNTY CODE AND ACTION TO LIFT A
MORATORIUM UPON CERTAIN PERMITS WITHIN THE
RURAL AND RESOURCE LANDS OF LEWIS COUNTY,
FOLLOWING ADOPTION OF LEWIS COUNTY CODE
SATISFYING THE MORATORIUM'S INTENT
NOW THEREFORE BE IT ORDAINED
DONE IN OPEN SESSION this 24th 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
ATTEST •'�°"""•"�s Edna J . Fund
'&e•Edna J Fund, Vice Chair
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Rieva Lester Robert C Jackson
Rieva Lester, Robert C Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
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SIGN-IN SHEET FOR PUBLIC HEARING ON (��' -i - i3i5 - `r"'� °` •�` ` t,w� `"
Lewis County Courthouse, 351 N W North Street, Chehalis,Wash Meeting date f G6 2 , Adz)
NAME PHONE REPRESENTING ADDRESS
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Notice The information provided on this document may be subject to public disclosure per RCW 42 56 070