NOH: Proposed action to ratify Ord 1317, a moratorium upon certain building permits, Water-Sewer District #5 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-139
NOTICE OF PUBLIC HEARING AND PROPOSED
ACTION TO RATIFY ORDINANCE 1317, A
MORATORIUM UPON CERTAIN BUILDING PERMITS
WITHIN THE BOUNDARIES OF WATER-SEWER
DISTRICT #5
WHEREAS, notice is hereby given that a public hearing will be held by the Lewis
County Board of County Commissioners (BOCC) in the hearing room at 351 NW North
Street, Chehalis, Washington on May 18, 2020 at or after 10:00am , or at such time
later that day as may be necessary due to schedule changes pertaining to COVID-19;
and
WHEREAS, interested parties are encouraged to check the Commissioners' hearing
schedule online as May 18, 2020 approaches for updated details; and
WHEREAS, public notice of said hearing is required by law; and
WHEREAS, on said date, the BOCC will take public testimony or written comment on
the Ordinance 1317 concerning the moratorium upon certain building permits within
the boundaries of Water-Sewer District #5; and
WHEREAS, the BOCC considered and adopted an emergency renewal moratorium on
April 27, 2020, pursuant to RCW 36.70A.390.
NOW THEREFORE BE IT RESOLVED the purpose of the public hearing is to take
public testimony or written comment concerning a moratorium upon certain building
permits within the boundaries of Water-Sewer District #5 with final BOCC action to take
place following the public hearing; and
NOW THEREFORE BE IT FURTHER RESOLVED that a hearing is hereby scheduled for
May 18, 2020 to take public testimony or written comment concerning a moratorium
upon certain building permits within the boundaries of Water-Sewer District #5 with
final BOCC action to take place following the public hearing.
DONE IN OPEN SESSION this 27th day of April, 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: •.•'NT
u 'r.'• .
;�` pStDOFASY.• Edna J . Fund
°S° CE "0�.Edna J. Fund, Vice Chair
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Rieva Lester ••;s- ;-;•. Robert C. Jackson
J'crw�,
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
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 May 18, 2020, starting at or after 10:00
AM. This time may change due to COVID-19. For example, the hearing may start after 3PM
as part of the only meeting of the day. Please look at the Commissioners' hearing schedule
at https://lewiscountywa.gov/offices/commissioners/agendas-calendar/as May 18, 2020
approaches for updated details.
The public hearing will consider Ordinance 1317, an ordinance renewing the moratorium
upon certain building permits within the boundaries of Water-Sewer District #5.
The public hearing will be at the Lewis County Courthouse, Commissioners' Hearing Room,
351 NW North Street, Chehalis, WA. At the hearing, 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:
Lee Napier, 360.740.2606 or lee.napier@lewiscountywa.gov
Details about the proposals are available online at
https://lewiscountywa.gov/communitydevelopment Hard copies are available at Lewis
County Community Development, 2025 NE Kresky Ave., Chehalis WA; the Timberland
Regional Libraries located in Chehalis, Centralia, Salkum, Randle, Packwood, and Winlock;
and 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 Community Development Department 72 hours in advance of the
meeting.
Rieva Lester/Publish in the Chronicle and East County Journal on April 28 and 29, 2020
ORDINANCE 1317
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
AN ORDINANCE OF LEWIS COUNTY,WASHINGTON RENEWING ) ORDINANCE 1317
A MORATORIUM UPON CERTAIN BUILDING PERMITS WITHIN )
THE BOUNDARIES OF WATER-SEWER DISTRICT#5
WHEREAS, Lewis County Board of County Commissioners enacted Ordinance 1294 on August 6, 2018,
and renewed the moratorium with the passage of Ordinance 1300 on January 28, 2019, followed by the
passage of Ordinance 1302 on June 3, 2019, and again with the passage of Ordinance 1308 on
November 4, 2019 followed by a public hearing to ratify said ordinance(s); and
WHEREAS, Ordinance 1308 will expire six-months following enactment, unless extended; and
WHEREAS, on July 9, 2004, Lewis County Water District No. 2 (District 2) entered into an Interlocal
Agreement for Provision of Wholesale Sewer Service to receive and treat wastewater from Lewis County
Water/Sewer District No. 5 (District 5), which was proposed to serve the proposed Birchfield Fully
Contained Community; and
WHEREAS, in February of 2017 the Birchfield Fully Contained Community proposal was withdrawn; and
WHEREAS, District 2 considers the Interlocal Agreement "null and void because its express and sole
purpose was to govern the provision of inter-district sewer service for the Birchfield FCC [Fully
Contained Community]." In the opinion of District 2, this fundamental change mandates a new interlocal
agreement for any inter-district cooperation; and
WHEREAS, on July 24, 2018, the District 2 Commissioners adopted Resolution No. 7-24-2018 stating
District 2 will not accept new applications for sewer service from property owners in District 5 without a
new interlocal agreement between District 2 and District 5; and
WHEREAS, prior to submitting an application for a building permit, an applicant must show that they
have access to an adequate wastewater treatment system. The recent action by District 2 calls the
availability of sewer service in District 5 into question because District 2 challenges the legality of District
5's reliance on District 2's wastewater treatment plant; and
WHEREAS, moratoria adopted pursuant to the authority of RCW36.70A.390 are methods by which local
governments may preserve the status quo so that new plans and regulations will not be rendered moot
by intervening development; and
WHEREAS,the County predicts the need for an additional six-month period to allow the Districts
adequate time to renegotiate and adopt a new interlocal agreement for sewer service in District 5; and
WHEREAS,the County has legitimate concerns that sewer availability, as it relates to a building permit
application, cannot be properly demonstrated through the commonly accepted practice of a sewer
availability form completed by District 5; and
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PASSED IN REGULAR SESSION this 27th day of April 2020,without a public hearing. Pursuant to RCW
36.70A.390,the public hearing on this matter must be held at least sixty days following adoption.
DONE IN OPEN SESSION this_day of _.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON
By: Deputy Prosecuting Attorney Gary Stamper, Chair
ATTEST: Edna J Fund,Vice Chair
Rieva Lester, Clerk of the Board Robert C.Jackson,Commissioner
3IPage
BOCC AGENDA ITEM SUMMARY
Resolution: 20-139 BOCC Meeting Date: April 27, 2020
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
Notice of Public Hearing and proposed action to ratify Ordinance 1317, a moratorium upon certain
building permits within the boundaries of Water-Sewer District #5
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Notice of Public Hearing and proposed action to ratify Ordinance 1317, a moratorium upon certain
building permits within the boundaries of Water-Sewer District #5.
On November 4, 2019, the Board of County Commissioners (BOCC) passed Ordinance No. 1308
extending the moratorium. Ordinance No. 1308 will expire unless extended. Ordinance No. 1317
would continue the moratorium another six months.
Approvals: Publication Requirements:
Publications:
User Status April 28 and 29
PA's Office Approved
Additional Copies: Cover Letter To:
Lee Napier, Josh Metcalf, Eric Eisenberg, and
Amber Smith
RECEj VE:�,
Board of County Commissioners
Lewis County Washington 114310 Ordinance 1317
NOTICE OF PUBLIC
APR 3 0 2020 HEARING 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
May 18, 2020, starting at
or after 10:00 AM. This
time may change due to
COVID-19. For example,
AFFIDAVIT the hearing may start after
3PM_as-part of the only
meeting the day. Please
OF PUBLICATION
look at thea Commissioners'
hearing schedule at https'
STATE OF WASHINGTON /lewiscountywa.gov/offices
;commissioners/agendas-
COUNTY OF LEWIS calendar;as May 18. 2020
approaches for updated
details.
Alysa Andrews,and/or Mandy Klemola,and/or Kailyn Sawyer, The public hearing will
and/or Cindy Thayer says that she is the legal clerk of consider Ordinance 1317,
an ordinance renewing the
Eijt moratorium upon certain
Foiittte building permits within the
boundaries of Water-
Sewer District#5.
a semi-weekly newspaper,which has been established,published The public hearing will be
in the English language,and circulated continuously as a at the Lewis County Court-
house, Commissioners'
semi-weekly newspaper in the City of Centralia,and in Lewis Hearing Room, 351 NW
County.Washington.general circulation in Lewis County for North Street, Chehalis,
more than six(6)months prior to the date of the first publication WA.At the hearing,individ-
of the notice hereto attached,and that the said Chronicle was on uals will be invited to speak
the 7th day of July 1941,approved as a legal newspaper by the and/or provide written
Superior Court of said Lewis County.And that the attached is a statements regarding the
proposed changes. All indi-
true copy and was published in regular issues(and not in ' viduals wishing to speak
supplement form)of said newspaper as LEGAL# 114310 are encouraged to attend.
RE:Ordinance 1317 Written comments may be
submitted in advance of
once eacl A-11 for a period of 1 [-� the hearing to:
r Lee Napier, 360.740.2606
or lee . napier
commencing on 04/28/2020 and ending on 04/28/2020 @lewiscountywa.gov
Details about the proposals
and both regularly distributed to its subscribers during all of said are available online at
period.That the full a •unt• the fee charged for the foregoing https:%lewiscountywa,gov!r
communi
publication is the o •.80 tY develo Dment
i/ Hard copies are available
at Lewis County Communi-
ty Development, 2025 NE
Orr
.. n•:. a wo to I'Or- u.- 04/28/'-20 Kresky Ave., Chehalis WA;
the Timberland Regional
�'AP/ _ Libraries located in Cheha
�t lis,Centralia,Salkum,Ran-
No • /•ublic in and for the State of WashinoMit►►ittl lttttr� die, Packwood, and Win-
` i�� lock;and the Lewis County
res g t .`��< .••pIREs •
• i' Senior Centers in Morton,
.•� 2023 . Packwood, Toledo, Twin
p•
-4e 2 �m:y; Cities(Chehalis), and Win-
p;�o �P r •O_ lock.
CC• 6 0 • ; ^• (1)- The meeting site is barrier
.0-� 2A `b% : •z- free. People heeding spe
•d6 r Q ° � cial assistance or accom-
•
, �,#•Ar\�� modations should contact
•
the
j��l/l TS P•w%0\\\\`\ mentCDepartment 72 hourommunity s
11I111► in advance of the meeting.
Published:The Chronicle
April 28,2020