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HomeMy WebLinkAbout12 1208 14ALTERNATIVE 1 —DNR land excluded t� STATE OF WASHINGTON t� County of Jefferson In the Matt f Expanding the South Coyle Peninsula No Shooting Area Ordinance No. 12- 1208 -14 Re: South Coyle Peninsula No Shooting Area } ) ORDINANCE NO. 12- 1208 -14 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: 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 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 Ordinance No. 12- 1208 -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 RCW 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 I 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 l 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; 2 ALTERNATIVE I —DNR land excluded Ordinance No. 12- 1208 -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 Y4 of Section 27, Township 26 North, Range I 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 -orma 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 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road; The Northeast quarter of Section 33, Township 26 North, Range 1 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 1 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 Ordinance No. 12- 1208 -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. r• APPROVED this day of x)06(, NZ ?r 2014. >v A ATTEST: X arolyn ery " Deputy Clerk of the and JEFFERSON COUNTY BO RD of COMISS11 Jo A i Ch /a�tT1an 2 i7 i Phil Johnson, Member Approved as to form ly: 64 r� ra David Alvarez, Deputy Prosecuting Attorney 4 s E Y S 8 �y Q g 2 4 U R 1R ' y4 L 1 Y IL yy� y� 3'_. �p - 1(... �If �� \ \� / � �� _ � ...... �.,,. .\ ,. � r ,;� �� A . +i. yy �� e $� � I I I + �' � ;, 7 ii, Imo, �` -- a �� d �- �- r ,� OG {Cp. _I� III I� C L 3 � y . . O m 6 � „� 'Y � �p � E S& � �.� � � � E t< o 6 , 0. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator 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 #200, 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(l)(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 9.41300) 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 may be 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 ieftbocc(r,coJefferson.wa.us. Maps and legal descriptions of the two alternatives will be available to view online at ww,,v. co.j efferson. 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. REY'jE / gDB : Phi ip Morleyr ounty Administrator Date