HomeMy WebLinkAbout120814_ra04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator n °/ ?
DATE: December 8, 2014 "
RE: Public Hearing re: Two Alternative Ordinances for Expanding the South
Coyle Peninsula No Shooting Area
STATEMENT OF ISSUE: The Board of County Commissioners (BoCC) will hold a Public
Hearing to accept testimony on two alternative ordinances for expanding the South Coyle
Peninsula No Shooting Area.
ANALYSIS: On April 24, 2013, a petition was received pursuant to JCC 8.50.050(1)(a) from
residents of South Coyle Peninsula area located in voting Precinct 4200, seeking to establish a no
shooting area immediately north of Zalatched Point Road and Coyle Road, and adjacent to the
existing South Coyle Peninsula No Shooting Area, thereby expanding the existing South Coyle
Peninsula No Shooting Area. The County Auditor, upon reviewing the petition, determined
there were insufficient elector - residents living within the petition area for the purpose of
initiating considering establishing or altering a no shooting area.
Pursuant to JCC 8.50.050(1)(b), the County Commissioners initiated consideration of the
original expansion proposal, and initiated consideration of a second No Shooting Area expansion
alternative to include the developed parts of the original expansion petition area, but exclude a
number of larger, undeveloped lots managed by the Washington Department of Natural
Resources (DNR), where hunting may continue to be appropriate, while establishing a 200 foot
no shooting buffer on those public roads bordering the DNR areas.
Pursuant to state law (RCW 9.41.300) and county code (Chapter 8.50 JCC) the county can
restrict the discharge of firearms where there is a reasonable likelihood that humans, domestic
animals, or property maybe jeopardized. The public hearing is to take public testimony from all
interested persons for or against the two alternatives for expanding the existing South Coyle
Peninsula No Shooting Area. Written public comments will also be accepted any time up
through the close of the public hearing, addressed to the BoCC at P.O. Box 1220, Port
Townsend, WA 98368, or by e -mail at jeffbocc a)co.jefferson.wa.us.
Maps and legal descriptions of the two alternatives will be available to view online at
-,v,vw.co.jefferson.wa.us.
To promote active participation of residents and tribal interests, the hearing notice was published
on November 19 and November 26, 2014.
FISCAL IMPACT: None.
RECOMMENDATION: Conduct the public hearing, deliberate on the oral and written
testimony, and either adopt one of the alternative ordinances, or direct staff to prepare further
amendments to one of the ordinances for future BoCC adoption.
RE )LIEWT X:
Philip Morley,U&ounty Administra r Date
ORIGINAL PETITION AREA
STATE OF WASHINGTON
County of Jefferson
DRAFT Ordinance No. ?'.- '. ??9-14
Re: South Coyle Peninsula No Shooting Area
In the Matter of Expanding the South }
Coyle Peninsula No Shooting Area } ORDINANCE NO.
WHEREAS, the Jefferson County Board of County Commissioners makes the following
Findings of Fact with respect to this particular No Shooting Area petition and review process:
1. On April 16, 2007, Ordinance No. 02- 0416 -07 was adopted by Jefferson County,
codified under the Health and Safety provisions of Jefferson County Code Chapter
8.50, which specifies the process to create or alter no shooting areas in accordance
with RCW 9.41.300(2)(a) "where there is a reasonable likelihood that humans,
domestic animals, or property may be jeopardized" and
2. Jefferson County Code Chapter 8.50 specifies procedures for establishing, altering
or dissolving no shooting areas in specifically described unincorporated areas of
Jefferson County, including initiation by petition filed by at least 20 elector -
residents of each voting precinct in the :area .under consideration, or by a majority
vote of the Board of County Commissioners; and
3. On April 24, 2013, a petition was received pursuant to JCC 8.50.050(1)(a) from
residents of South Coyle Peninsula area located in voting Precinct #200, seeking
to establish a no shooting area immediately north and adjacent to the South Coyle
Peninsula No Shooting Area, and
4. The County Auditor, upon reviewing the petition, determined there were
insufficient elector- residents living within the petition area for the purpose of
initiating considering establishing of altering a no shooting area; and
5. Pursuant to JCC 8.50.050(1)(b), a majority of the County Commissioners have
determined there is sufficient interest to warrant considering an expansion to the
boundaries of the South Coyle Peninsula no shooting area to potentially include
the area from the original citizen petition containing smaller lots, many of which
have homes; and
6. On November 10, 2014, the County sent letters to all Point No Point and Point
Elliott Treaty tribes pursuant to JCC 8.50.050, inviting the tribes to identify their
concerns and inviting their participation regarding the potential expansion of the
South Coyle Peninsula No Shooting Area; and
7. On November 17, 2014, the Board approved a legal notice, published on
November 19 and November 26, announcing a public hearing to be conducted on
December 8, 2014; and
S. On December S. 2014, the Board held the public hearing on the proposed
expansion of the South Coyle Peninsula No Shooting Area boundary. Oral and
written testimony was received by the Board; and
9. In accordance with RC W 9.41.300(2)(a), the Board finds the location of the
expansion to the South Coyle Peninsula No Shooting Area is a region of
ORIGINAL PETITION AREA
DRAFT Ordinance No. ? ?- ? ? ??-14
Re: South Coyle Peninsula No Shooting Area
unincorporated Jefferson County where there is a reasonable likelihood that the
health and safety of humans, domestic animals, or property may be jeopardized by
the discharge of firearms; and
10. Upon conclusion of the public hearing the Board reviewed the record, deliberated
and voted to alter and expand the South Coyle Peninsula no shooting area
boundary as proposed herein; and
11. The alteration and expansion of the South Coyle Peninsula no shooting area has
been completed in a manner consistent with Ordinance #02- 0416 -07 and Jefferson
County Code Chapter 8.50;
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Jefferson County Code Section 8.50.160 South Coyle Peninsula, in Chapter 8.50
No Shooting Areas is hereby amended as follows:
8.50.160 South Coyle Peninsula.
The area described below is hereby established as a "No Shooting" zone as provided in
Article 1 of this chapter. The no shooting area is encompassed by the following
description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West,
Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 Township 26
North, Range 1 West, Willamette Meridian, described as follows:
Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor
File Number 488422, Section 28 Township 26 North, Range 1 West Willamette
Meridian;
Thence continuing along the extension of the South line of said Tax 1 to the
centerline of said Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of
said Tax 1 to the Northeasterly corner of Tax 2 as described under Auditor's File
Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the
parcel identified under said Auditor's File Number 422414;
Thence continuing Westerly along the extension of the Southerly line of said
parcel to the 0.0 low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay and Northerly and
Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of
the centerline of East Go -onna Beach Drive extended Easterly from the most
Easterly point of said centerline located in the Southwest '/a of Section 27,
Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide
mark of Hood Canal;
ORIGINAL PETITION AREA
DRAFT Ordinance No. ??-??99-14
Re: South Coyle Peninsula No Shooting Area
Thence Westerly along said extension and the centerline of East Go -onna Beach
Drive to the intersection of said East Go -onna Beach Drive with the centerline of
Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the
intersection of said road with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE
POINT OF BEGINNING;
Situate in Jefferson County, Washington.
Section Two: The following map is hereby made part of the Jefferson County Code
at Chapter 8.50. See: Attachment A — South Coyle Peninsula No Shooting Area Map.
Section Three: Should there be any discrepancy or disagreement between the metes and bounds
description found in Section One above and the boundary of the South Coyle Peninsula No
Shooting Area as reflected on the map made Attachment A to this Ordinance, then the text of the
metes and bounds description shall be deemed controlling.
Section Four: This Ordinance shall take effect immediately,
APPROVED this
SEAL:
day of 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
John Austin, Chairman
David Sullivan, Member
ATTEST:
Phil Johnson. Member
Carolyn Avery
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
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ALTERNATIVE 1— DNR land excluded
STATE OF WASHINGTON
County of Jefferson
DRAFT Ordinance No. ??-????-14
Re: South Coyle Peninsula No Shooting Area
In the Matter of Expanding the South }
Coyle Peninsula No Shooting Area } ORDINANCE NO.
WHEREAS, the Jefferson County Board of County Commissioners makes the following
Findings of Fact with respect to this particular No Shooting Area petition and review process:
1. On April 16, 2007, Ordinance No. 02- 0416 -07 was adopted by Jefferson County,
codified under the Health and Safety provisions of Jefferson County Code Chapter
8.50, which specifies the process to create or alter no shooting areas in accordance
with RCW 9.41.300(2)(a) "where there :is'a reasonable likelihood that humans,
domestic animals, or property maybe jeopardized;" and
2. Jefferson County Code Chapter 8.50 specifies procedures for establishing, altering
or dissolving no shooting areas in specifically described unincorporated areas of
Jefferson County, including initiation by petition filed by at least 20 elector -
residents of each voting precinct in the area under consideration, or by a majority
vote of the Board of County Commissioners; and
3. On April 24, 2013, a petition was received pursuant to JCC 8.50.050(1)(a) from
residents of South Coyle Peninsula area located in voting Precinct 4200, seeking
to establish a no shooting area immediately north and adjacent to the South Coyle
Peninsula No Shooting Area; and
4. The County Auditor, upon reviewing the petition, determined there were
insufficient elector- residents living within the petition area for the purpose of
initiating considering establishing or altering a no shooting area; and
5. A`majority of the County Commissioners have determined there is sufficient
interest to warrant considering an expansion to the boundaries of the South Coyle
Peninsula no shooting area to potentially include areas from the original citizen
petition containing smaller lots, many of which have homes; and
6. Properties within the original petition area include a number of larger,
undeveloped lots managed by the Washington Department of Natural Resources
(DNR), where hunting continues to be appropriate; and
7. Public roads border the DNR areas, and a 200 foot no shooting buffer on those
roads next to hunting areas would help protect the traveling public; and
8. Pursuant to JCC 8.50.050(1)(b), the County Commissioners may themselves
propose the boundaries of a no shooting area; and
9. On November 10, 2014, the County sent letters to all Point No Point and Point
Elliott Treaty tribes pursuant to JCC 8.50.050, inviting the tribes to identify their
concerns and inviting their participation regarding the potential expansion of the
South Coyle Peninsula No Shooting Area; and
ALTERNATIVE 1 —DNR land excluded DRAFT Ordinance No. ? ?- ? ? ? ? -14
Re: South Coyle Peninsula No Shooting Area
10. On November 17, 2014, the Board approved a legal notice, published on
November 19 and November 26, announcing a public hearing to be conducted on
December 8, 2014; and
11. On December 8, 2014, the Board held the public hearing on the proposed
expansion of the South Coyle Peninsula No Shooting Area boundary. Oral and
written testimony was received by the Board; and
12. In accordance with RC W 9.41.300(2)(a), the Board finds the location of the
expansion to the South Coyle Peninsula No Shooting Area is a region of
unincorporated Jefferson County where there is a reasonable likelihood that the
health and safety of humans, domestic animals, or property may be jeopardized by
the discharge of firearms; and
13. Upon conclusion of the public hearing the Board reviewed the record, deliberated
and voted to alter and expand the South Coyle Peninsula no shooting area
boundary as proposed herein; and
14. The alteration and expansion of the South Coyle Peninsula no shooting area has
been completed in a manner consistent with Ordinance 402- 0416 -07 and Jefferson
County Code Chapter 8.50;
NOW, THEREFORE, BE IT ORDAINED as follows:
Section One: Jefferson County Code Section 8.50.160 South Coyle Peninsula, in Chapter 8.50
No Shooting Areas is hereby amended as follows:
8.50.160 South Coyle Peninsula.
The area described below is hereby established as a "No Shooting" zone as provided in
Article I of this chapter. The no shooting area is encompassed by the following
description:
That portion of Sections 2, 3, 4 and 5 of Township 25 North, Range 1 West,
Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 Township 26
North, Range 1 West, Willamette Meridian, described as follows:
Beginning at the Southeast comer of Tax 1 as described under Parcel A in Auditor
File Number 488422, Section 28 Township 26 North, Range I West Willamette
Meridian;
Thence continuing along the extension of the South line of said Tax 1 to the
centerline of said Payne Road and the TRUE POINT OF BEGINNING;
Thence Westerly along the extension of the South line and along the South line of
said Tax 1 to the Northeasterly corner of Tax 2 as described under Auditor's File
Number 422414;
Thence Southerly and Westerly along the Easterly and Southerly boundary of the
parcel identified under said Auditor's File Number 422414;
ALTERNATIVE I — DNR land excluded DRAFT Ordinance No. ??-????-14
Re: South Coyle Peninsula No Shooting Area
Thence continuing Westerly along the extension of the Southerly line of said
parcel to the 0.0 low tide mark in Dabob Bay;
Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and
Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of
the centerline of East Go -onna Beach Drive extended Easterly from the most
Easterly point of said centerline located in the Southwest' /4 of Section 27,
Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide
mark of Hood Canal;
Thence Westerly along said extension and the centerline of East Go -onna Beach
Drive to the intersection of said East Go -onna Beach Drive with the centerline of
Coyle Road;
Thence Northerly and Easterly along the centerline of Coyle Road to the
intersection of said road with the centerline of Payne Road;
Thence Westerly and Southerly along the centerline of Payne Road to the TRUE
POINT OF BEGINNING;
EXCEPTING THEREFROM any portion of the following described parcels that
lie within the above described bounds and that do not lie within the Northerly and
Easterly 200 foot setback from the centerline of Zelatched Point Road, within
the Northerly and Westerly 200 foot setback from the centerline Coyle Road or
within the Southerly and Easterly 200 foot setback from the centerline Payne
Road:
The South one half of the Southeast quarter of Section 28, Township 26 North,
Range I West, Willamette Meridian, lying Southerly and Easterly of Payne Road;
The Northeast quarter of Section 33, Township 26 North, Range I West,
Willamette Meridian, lying Northerly and Westerly of Coyle Road;
The South one half of the Northwest of Section 33, Township 26 North, Range 1
West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and
The Northwest quarter of the Southeast quarter of Section 33, Township 26 North,
Range I West, Willamette Meridian, lying Northerly and Easterly of Zelatched
Road and Northerly and Westerly of Coyle Road;
Situate in Jefferson County, Washington.
Section Two: The following map is hereby made part of the Jefferson County Code
at Chapter 8.50. See: Attachment A — South Coyle Peninsula No Shooting Area Map.
Section Three: Should there be any discrepancy or disagreement between the metes and bounds
description found in Section One above and the boundary of the South Coyle Peninsula No
ALTERNATIVE 1 — DNR land excluded DRAFT Ordinance No. ? ?- ? ? ? ? -14
Re: South Coyle Peninsula No Shooting Area
Shooting Area as reflected on the map made Attachment A to this Ordinance, then the text of the
metes and bounds description shall be deemed controlling.
Section Four: This Ordinance shall take effect immediately.
APPROVED this day of 2014.
JEFFERSON COUNTY
BOARD of COMMISSIONERS
SEAL:
John Austin, Chairman
David Sullivan, Member
ATTEST:
Phil Johnson, Member
Carolyn Avery
Deputy Clerk of the Board
Approved as to form only:
David Alvarez, Deputy Prosecuting Attorney
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