HomeMy WebLinkAboutPC Agenda Packet 10-17-2018Jefferson County Planning Commission DRAFT MEETING AGENDA Tri-Area Community Center October 17, 2018
P: 360-379-4450 621 Sheridan St. F: 360-379-4451 Port Townsend WA 98368 plancomm@co.jefferson.wa.us
5:30pm
Opening Business
• Call to Order/Roll Call
• Approval of Agenda
• Approval of Meeting Minutes, if available
• Notes and Comments from the Chair o Review and discussion of Roberts Rules of Order for Small Boards o Review and discussion of the Planning Commission By-laws and roles / responsibilities
• Commissioner Announcements
• Director’s Update, if available 5:45pm Observer Comment, Non-agenda Topics
See Observer Comment Conduct, below. 6:15pm Informational Session
• Update planning process for proposed Title 18 amendments
o Austin Watkins, Planning Manager
o Michelle Farfan, Associate Planner 7:00pm Closing Business and Adjournment
• Discussion
• Summary of today’s meeting
• Follow-up action items Observer Comment Conduct: When the Chair recognizes you to speak, please begin by stating your name
and address. Please be aware that the observer comment period is …
1) An optional time period dedicated to listening to the
public, not a question and answer session. The Planning
Commission is not required to provide response;
2) Offered at the Chair’s discretion when there is time;
3) Not a public hearing – comments made during this time
will not be part of any hearing record;
4) May be structured with a three-minute per person time
limit.
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
January 17, 2018
Page 1 of 2
Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:30 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: Present Koan: Present Vacant: Jochems: Present Sircely: Present Smith: Present Hull: Present Nilssen: Present Giske: Present Patty Charnas, DCD Director Nicole Allen, DCD Office Coordinator
Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:38) Approval of Minutes: n/a Public in Attendance: 11
COMMISSIONER ANNOUNCEMENTS 0:01:57 – Coker Announced that the Planning Commission (PC) attended the Board of County Commissioners (BoCC) meeting and addressed the Conflict of Interest issue. 0:08:02 – Koan Discussed current vacancy and upcoming terms expiring for PC members. 0:11:57 – Sircely Read the Food System Council’s (FSC) updates. 0:13:24 – Giske Expressed interest in incorporating suggestions in FSC documents. 0:13:52 – Jochems Also expressed interest in incorporating suggestions in FSC documents. 0:15:15 – Koan Reiterated that BoCC met with PC to see presentations regarding the Pleasant Harbor Master Planned Report (PH MPR) and announced that a Short Course on Planning will be held February 6th. DIRECTOR UPDATES 0:18:37 – Charnas Announced informational workshop with agricultural interests Tuesday, January 23 regarding the Critical Areas Ordinance (CAO) proposed new section. DISCUSSION 0:36:58 – All Comprehensive Plan Vision Statement workgroup. All members of the Planning Commission discussed and finalized the County Vision Statement. MOTIONS 0:03:04 Motion requesting DCD provide RCW reference regarding conflict of interest on website. Moved: KC; Seconded: MN. Yay: 8; Nay: 0 ; Abstained: 0. Motion carried. 02:04:17 Motion to accept Vision Statement as written. Moved: TG; Seconded: LS. Yay: 8; Nay: 0; Abstained: 0. Motion carried. PUBLIC COMMENT 0:29:48 – 0:36:47 The Chair opened the floor to public comment on topics not related to the discussion items.
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
January 17, 2018
Page 2 of 2
2:05:54 – 2:08:01 The Chair opened the floor to public comment on topics related to the discussion items. FOLLOW-UP ITEMS 2:08:02 – Koan Planning Commission review and potential comment letter on the Pleasant Harbor Development Agreement to be addressed in the near future. Next Planning Commission meeting is a special meeting scheduled for 01/23/2018 at 5:30 pm at the Tri-Area Community Center. Adjourned at 7:40 pm These meeting minutes were approved this ____________ day of ___________________________, 2018. __________________________________________________ ______________________________________________________________ Cynthia Koan, Chair Nicole Allen, PC Secretary/DCD Office Coordinator
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 4, 2018
Page 1 of 2
Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:35 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: Present Koan: Present Vacant: Jochems: Present Sircely: Present Smith: Present Hull: Present Nilssen: Present Giske: Call in Joel Peterson, DCD Lead Associate Planner Shannen Cartmel, DCD Permit Technician Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:12) Approval of Minutes: Minutes for March 21, 2018 Public in Attendance: 7 COMMISSIONER ANNOUNCEMENTS 0:02:46 – Koan Comments on attending part of the hearing examination for the Marrowstone Island Austin Smith proposal. Suggested that the recording of the hearing be easily accessed by the public on the website. DIRECTOR UPDATES 0:10:09 – Peterson DCD will stand in front of the BOCC on Monday, April 9th at 10am, to roll out the first public draft of the Comprehensive Plan update. The Critical Area Ordinance review has been extended to allow for further public input. PUBLIC COMMENT (first opportunity) 0:18:28 – 0:19:35 The Chair opened the floor to public comment on topics not related to the agenda items. No public comments were provided. DISCUSSION 0:20:19 – All Discussion on the comment letter to be sent to the BOCC regarding Pleasant Harbor MPR occurred. Topics discussed included: the footprint, kettle ponds, wastewater, county vesting period, and costs of the project. 0:54:48 – Peterson A presentation about the Comprehensive Plan occurred. Topics included the goals and policies of the Comprehensive Plan, the first public draft, previous reviews of the plan in 1998 and 2004, the need to meet the Growth Management Act update through this plan, the schedule to complete the Comprehensive Plan, and a review of elements. It was reiterated that DCD is accepting public comments through April 20th, 2018.
PUBLIC COMMENT (second opportunity) 1:49:42 – 2:01:38 The Chair opened the floor to public comment on topics related and unrelated to the agenda. Comments provided during the noted timeframe included those on the
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 4, 2018
Page 2 of 2
Pleasant Harbor Master Planned Resort (PH MPR) and the Comprehensive Plan. Comments on the PH MPR from the Marine Resources Committee included concerns about the Stormwater management, the Water Quality Monitoring Plan, Groundwater Monitoring, Wastewater Treatment, Monitoring Report schedule and a Contingency Plan. Additional comments on the PH MPR included those about golfing and viability of golf courses and the developer’s history. Comments regarding the Comprehensive Plan included concerns of affordable housing and the meaning of the actual document.
FOLLOW-UP ITEMS 2:03:48 – Koan/Peterson The Planning Commission requested an extra meeting on 4/25/2018 to be set up by Joel Peterson. Next Planning Commission meeting is scheduled for 04/18/18 at 5:30 pm at the Tri-Area Community Center. Adjourned at 7:40 pm These meeting minutes were approved this ____________ day of ___________________________, 2018. Mike Nilssen, Chair Nicole Allen, PC Secretary/DCD Office Coordinator
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
April 25, 2018
Page 1 of 1
Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:45 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Coker: Present Koan: Present Vacant: Jochems: Present Sircely: Present Smith: Present Hull: Present Nilssen: Excused Giske: Present Patty Charnas DCD Director Austin Watkins, DCD Planning Manager Joel Peterson, DCD Lead Associate Planner Nicole Allen, DCD Office Coordinator Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:01:03) Approval of Minutes: No minutes approved Public in Attendance: 1
DIRECTOR UPDATES 0:01:49 – Charnas Patty Charnas introduced DCD’s new Planning Manager, Austin Watkins. 0:02:41 – Watkins Austin Watkins gave introduction and brief synopsis of professional career. DISCUSSION 0:13:31 – Peterson Review and discussion of the draft Comp Plan and Code update. MOTIONS 1:28:51 Motion to adopt Framework Goal Concept. Moved: RH; Seconded: MN. Yay: 7; Nay: 0; Abstained: 0. Motion carried.
FOLLOW-UP ITEMS 1:49:55 – Koan Planning Commission to review draft Comp Plan and Code update and be prepared with comments for next meeting. Next Planning Commission meeting is scheduled for 05/02/18 at 5:30 pm at the Tri-Area Community Center. Adjourned at 7:36 pm These meeting minutes were approved this ____________ day of ___________________________, 2018. Mike Nilssen, Chair Nicole Allen, PC Secretary/DCD Office Coordinator
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
October 3, 2018
Page 1 of 2
Please note, these minutes are intended to provide a summary of meeting decisions and except for motions made, should not be relied upon for specific statements from individuals at the meeting. If the reader would like to hear specific discussion, they should visit Jefferson County’s website at: https://wa-jeffersoncounty.civicplus.com/580/Planning-Commission and listen to the audio file (to assist in locating information, time stamps are provided along the left side of the page). Call to Order at 5:30 pm
ROLL CALL
District 1 District 2 District 3 Staff Present Alen: Present Coker: Present Koan: Present Jochems: Present Sircely: Present Smith: Present Hull: Present Nilssen: Present Vacant: Patty Charnas, DCD Director Austin Watkins, DCD Planning Director Donna Frostholm, DCD Associate Planner Nicole Allen, DCD Office Coordinator Facilitator: Cynthia Koan Approval of Agenda: Agenda approved (0:05:08) Approval of Minutes: Minutes for December 6, 2017 & December 20, 2017 (0:06:47) Public in Attendance: 1
NEW PLANNING COMMISSIONER INTRODUCTION 0:00:25 – Charnas Welcome and introduction of new Planning Commission member, Arlene Alen. COMMISSIONER ANNOUNCEMENTS 0:07:39 – Smith Announced upcoming meeting October 10th in Sequim regarding aquaculture in Jefferson and Clallam County. 0:08:17 – Nilssen Read letter from constituent regarding the zoning of land behind the Bay Club in Port Ludlow. 0:13:03 – Coker Updated Planning Commission on recent Port Townsend Affordable Housing Committee actions. DIRECTOR UPDATES 0:14:56 – Charnas Reviewed current budget situation in the Department of Community Development (DCD); distributed the project advisory committee guidebook proposal regarding military compatibility issues; announced community outreach meeting on October 30, 2018 at 6:30 PM at the Tri-Area Community Center regarding military compatibility issues and invited one Planning Commission member to join the military compatibility technical focus group on Tuesday, October 16 at 10 AM in the Public Works’ conference room; announced 5-County DCD meeting on October 19th.
PUBLIC COMMENT (first opportunity) 0:37:18 – 0:38:22 The Chair opened the floor to public comment on topics not related to the agenda items and one person commented. No comments were received DISCUSSION 0:38:38 – Charnas Updated Planning Commission on meeting with Board of County Commissioners (BoCC) in October regarding the Critical Areas Ordinance and introduced Donna
621 Sheridan St.
Port Townsend WA 98368
P: 360-379-4450
F: 360-379-4451
plancomm@co.jefferson.wa.us
Jefferson County Planning Commission MEETING MINUTES
Tri-Area Community Center
October 3, 2018
Page 2 of 2
Frostholm’s update on the status of the periodic update to the Critical Areas Ordinance. 0:46:56 – Frostholm Presented update on the status of the periodic update to the Critical Areas Ordinance with particular detail on agricultural activities.
PUBLIC COMMENT (second opportunity) 1:37:17 – 1:37:17 The Chair opened the floor to public comment on topics related and unrelated to the agenda and no public comments were provided. NOMINATION AND ELECTION OF CHAIR & CO-CHAIR 1:37:30 – Koan The Planning Commission members voted for new chair and co-chair. Mike Nilssen was chosen as chair and Cynthia Koan as vice-chair.
FOLLOW-UP ITEMS 1:44:49 – Koan Reminder that there is a military compatibility technical focus group on Tuesday, October 16 at 10 AM in the Public Works’ conference room, and that there is a community outreach meeting on October 30, 2018 at 6:30 PM at the Tri-Area Community Center regarding military compatibility issues. Next Planning Commission meeting is scheduled for 10/17/18 at 5:30 pm at the Tri-Area Community Center. Adjourned at 7:22 pm These meeting minutes were approved this ____________ day of ___________________________, 2018. Mike Nilssen, Chair Nicole Allen, PC Secretary/DCD Office Coordinator
18.05.050 Planning commission – Duties and responsibilities.
The duties and responsibilities of the planning commission shall be as follows:
(1) The planning commission shall review the Jefferson County Comprehensive Plan and other
planning documents to determine if the county’s plans, goals, policies, land use ordinances and
regulations are promoting orderly and coordinated development within the county. The commission
shall make recommendations concerning this to the board of commissioners.
(2) The planning commission shall review land use ordinances and regulations of the county and
make recommendations regarding them to the board of commissioners.
(3) The planning commission shall recommend priorities for and review studies of geographic
subareas in the county.
(4) All other county boards, committees, and commissions shall coordinate their planning activities, as
they relate to land use or the Jefferson County Comprehensive Plan, with the planning commission.
(5) The planning commission may hold public hearings in the exercise of its duties and
responsibilities as it deems necessary.
(6) The planning commission shall have such other duties and powers as heretofore have been or
hereafter may be conferred upon the commission by county ordinances or as directed by resolution of
the board of commissioners, the performance of such duties and exercise of such authority to be
subject to the limitations expressed in such enactments. [Ord. 8-06 § 1]
Page 1 of 1Chapter 18.05 INTRODUCTORY PROVISIONS
10/12/2018https://www.codepublishing.com/WA/JeffersonCounty/html/JeffersonCounty18/Jefferson...
Page 1
Amended 02-06-2013
BY-LAWS
Of the Jefferson County Planning Commission
SECTION 1 - AUTHORITY: These by-laws are promulgated in compliance with
Chapter 36.70 of the Revised Code of Washington, the Washington Planning
Enabling Act, and Jefferson County Resolution No. 54-97, which recognized the
Jefferson County Planning Department and reconstituted a new Planning Commission.
SECTION 2 - MEMBERSHIP: The Planning Commission shall be comprised of nine
members from Jefferson County, and Members of the Planning Commission shall be
appointed by the Board of County Commissioners for a term of four years which shall
commence on March 18th, and each commissioner district shall be equally represented
on the Planning Commission. The chair of the Jefferson County Board of
Commissioners shall appoint members to the commission with approval of a majority of
the Board’s members. An appointment of a member shall be made from a list of
applicants who shall submit a “Letter of Intent” to the Board of County Commissioners
stating their qualifications for serving on the Planning Commission. Vacancy(s) shall be
advertised at least twice in a legal newspaper of record having county-wide circulation.
The advertisement shall encourage individuals residing in the specific commissioner
district in which the vacancy occurs to apply.
Vacancies resulting from the expiration of terms of office shall be filled by
appointments for a term of four (4) years. Vacancies occurring for any reason other
than the expiration of a term of office shall be by appointment for the unexpired term of
the office being filled.
In the event a Planning Commission member changes residence during their
term which moves them into a different commissioner district, that member shall serve
the remainder of their term. If through redistricting a Planning Commissioner is moved
into a different commissioner district, they shall remain in office until their term expires.
The vacant position in the appropriate district shall then be filled after the term expires.
The chair of the Board of County Commissioners may remove a member of the
Planning Commission after a public hearing by the Board of County Commissioners. All
Board members must approve the removal. A member of the Planning Commission
may be removed for inefficiency, neglect of duty, or malfeasance.
The chair of the Planning Commission may grant an excused absence or a leave
of absence. “Excused absence” is defined as an absence from one regular meeting.
“Leave of absence” is defined as an absence from two or more regular meetings. Two
unexcused absences in a row from regularly scheduled meetings shall be grounds for
the Planning Commission to recommend to the Board of County Commissioners that
the individual be removed from the Planning Commission. Furthermore, a member
granted a leave of absence by the chair of the Planning Commission is not an active
member. Only active members shall constitute the current membership.
SECTION 3 - MEMBER’S RESPONSIBILITIES AND DUTIES: The duties and
responsibilities of the planning commission shall be as follows:
1. Because Jefferson County has created both a planning commission and planning
department (Department of Community Development – DCD) , the Planning
Page 2
Amended 02-06-2013
Commission will, in accordance with RCW 36.70.040, assist the DCD in carrying
out its duties, as outlined below.
2. The planning commission shall review the Jefferson County Comprehensive Plan
and other planning documents to determine if the county’s plans, goals, policies,
land use ordinances and regulations are promoting orderly and coordinated
development within the county. The commission shall make recommendations in
cooperation with DCD concerning this to the board of commissioners.
3. The planning commission shall review land use ordinances and regulations of the
county and make recommendations in cooperation with DCD regarding them to
the board of commissioners.
4. The planning commission shall recommend priorities for and review studies of
geographic subareas in the county in cooperation with DCD.
5. All other county boards, committees, and commissions shall coordinate their
planning activities, as they relate to land use or the Jefferson County
Comprehensive Plan.
6. The planning commission may hold public hearings in the exercise of its duties
and responsibilities as it deems necessary.
7. The planning commission shall have such other duties and powers as heretofore
have been or hereafter may be conferred upon the commission by county
ordinances or as directed by resolution of the board of commissioners, the
performance of such duties and exercise of such authority to be subject to the
limitations expressed in such enactments.
8. The Planning Commission shall report in all matters referred to it within the time
line given in County Resolution #54-97, which is forty (40) days, or within such
additional time as may be specified by the Board of County Commissioners. The
report of the Planning Commission shall be advisory only.
SECTION 4 - OFFICERS: Officers of the Planning Commission shall be chair and vice-
chair. The chair and vice-chair shall be elected annually at the first May regular meeting
from among its members. In the absence of both the chair and vice-chair at a meeting
or workshop, members present shall elect a temporary chair to perform those duties
described by Section 5 of these by-laws. The member elected shall only serve as
temporary chair for that meeting or workshop.
SECTION 5 - OFFICERS’ RESPONSIBILITIES AND DUTIES: The chair of the
Planning Commission shall: (1) preside at all meetings and execute the agenda of such
meetings in an orderly manner and (2) officially represent the commission before
organizations or groups. The vice chair shall officiate as chair in the chair’s absence.
When appropriate and necessary, the chair shall establish committees and
appoint members thereto. Committees are governed by the Open Public Meetings Act
(Section 8 paragraph 2) and therefore require public notice of meetings and an audio
record of such meeting.
Page 3
Amended 02-06-2013
SECTION 6 - SECRETARY: The secretary shall be provided by the Planning
Department. The secretary’s duties shall be to record the proceedings of all Planning
Commission meetings. No member of the Planning Commission shall be appointed
secretary.
SECTION 7 – STAFF AND RESPONSIBILITIES: The Jefferson County Planning
Department shall provide staff to the Planning Commission. The designated county
planning staff shall (1) prepare for future meetings with the chair of the Planning
Commission, (2) distribute agendas for meetings and workshops, (3) prepare the
Planning Commission budget, (4) account for and process expenditures, (5) notify
members by e-mail of workshops, and (6) where sufficient staff resources exist, act in
any other manner deemed necessary by the Planning Commission, such as providing
technical advice or developing plans, studies, or reports.
SECTION 8 - MEETINGS AND WORKSHOPS: Notification to the public of all meetings
shall be made through advertising in a legal newspaper of record with county-wide
circulation. Meetings requiring public notification include, but are not limited to: (1)
regular meetings, (2) special meetings, (3) public hearings, (4) workshops, and (5)
committee meetings. Notification will appear at least ten (10) days prior to a public
hearing. Workshops can be held on matters of discussion by approval of the Planning
Commission with notice to the public. No official action shall be taken at workshops. If
a meeting needs to be canceled due to a lack of a quorum, a notice shall be posted on
the door of the meeting place.
The Planning Commission is subject to the Open Public Meetings Act which
generally requires that meetings of the governing body be open to the public and that no
conditions precedent to attendance by the public, except for orderly conduct, may be
imposed. Therefore, a county legislative body shall not ban the use of recording
devices or video cameras from the open portion of a meeting held pursuant to the Open
Public Meetings Act. The county legislative body may impose restrictions on the use of
recording devices, but only to the extent necessary to preserve the orderly conduct of
the meeting.
E-mails between the members addressing matters before the Planning
Commission could be construed to be a public meeting, particularly if there was any
response to such communication. Therefore, all e-mails related to matters before the
Planning Commission should be forwarded to staff for appropriate distribution.
SECTION 9 - CONDUCT: Except where in conflict with these By-laws, Roberts Rules of
Order shall guide the conduct of all public meetings and hearings of the Planning
Commission.
SECTION 10 - QUORUM: A majority of the Planning Commission membership, being
not fewer than (5) five, shall constitute a quorum for the consideration of most items of
business, with a majority vote of those present being sufficient to take action.
Comprehensive Plan Changes, Zoning Changes, By-Law Changes, Unified
Development Code (UDC) changes and other site-specific approvals shall be by the
affirmative vote of not fewer than (5) five members - a majority of the total membership.
In the event of a challenge to a member or members of a decision-making body
which would cause a lack of a quorum or would result in a failure to obtain a majority
Page 4
Amended 02-06-2013
vote as required by law, any such challenged member(s) shall be permitted to fully
participate in the proceeding and vote as though the challenge had not occurred, if the
member or members publicly disclose the basis for disqualification prior to rendering a
decision. Such participation shall not subject the decision to a challenge by reason of
violation of the appearance of fairness doctrine (RCW 42.36.090, Participation of
challenged member of decision-making body).
SECTION 11 - VOTING: All members are entitled to one vote. A vote shall be either (1)
yeah, (2) nay, or (3) abstain. An abstention per Roberts Rules of Order is not counted
as a nay vote. If a member recuses themselves, they shall leave the room and not take
part in any of the discussion pertaining to the matter before the Planning Commission.
All matters acted on shall be recorded as written motions.
The chair is a Planning Commission member and is therefore allowed one vote
on all issues.
Some matters before the Planning Commission (e.g., election of officers,
approval of the Planning Commission’s minutes, setting dates and times for special
meetings, etc.) are administrative and not quasi-judicial in nature. Such administrative
matters shall be decided by a majority vote of the members present.
SECTION 12 - BUDGET: A preliminary budget for the Planning Commission shall be
prepared by the Jefferson County Planning Department. An itemized estimate of
expenditures for the ensuing calendar year shall be included in the preliminary budget.
The preliminary budget shall be reviewed by members at the earliest possible time so
the members may express any shortcomings in the budget and make a
recommendation direct to the Board of County Commissioners to address the Planning
Commission’s needs.
The budget shall become final in December without further review by the
Planning Commission, unless there is a substantial change. The budget and any
amendments thereof shall be prepared in accordance with requirements established by
the Jefferson County Auditor.
SECTION 13 - CLAIMS FOR EXPENDITURES: All claims for expenditures for
operating the Planning Commission shall be made by the Jefferson County Planning
Department in accordance with requirements established by the Jefferson County
Auditor. All claims shall be reviewed by the Director of the Department of Community
Development and approved by the Board of County Commissioners. Any requests to
claim mileage, expenses for attending a conference, seminar, or similar session shall be
approved by the Board of County Commissioners.
SECTION 14 – APPEARANCE OF FAIRNESS: Application of the Appearance of
Fairness Doctrine to local land use decisions shall be limited to the quasi-judicial actions
of local decision-making bodies as defined in this section. Quasi-judicial actions of local
decision-making bodies are those actions of the legislative body, planning commission,
hearing examiner, zoning adjuster, board of adjustment, or boards which determine the
legal rights, duties, or privileges of specific parties in a hearing or another contested
case processing. Quasi-judicial actions do not include the legislative actions adopting,
amending, or revising comprehensive, community, or neighborhood plans or other land
use planning documents or the adoption of area-wide zoning ordinances or the adoption
of a zoning amend that is of area-wide significance (RCW 42.36.010, Local land use
decisions).
Page 5
Amended 02-06-2013
In quasi-judicial actions, Members shall disclose any and all personal benefits,
gains, advantages to themselves, friends or immediate family; “Immediate family”
means spouses, dependents, anyone residing in the person’s household, and anyone
within three degrees of relationship by blood, marriage or domestic partner.
Even though Legislative decisions do not require disclosure as detailed in
paragraphs 1 and 2 of this section, Planning Commissioners may recuse themselves in
Legislative matters if the commissioner feels that, due to public perception or other
consideration, the Planning Commission's business would be negatively impacted.
No former Planning commissioner shall, within two years after his or her term on
the Planning Commission has ended, knowingly act as agent, consultant or attorney for
anyone other than Jefferson County in connection with any particular matter in which
the county is a party, if the Planning Commissioner participated personally and
substantially in that particular matter while on the Planning Commission.
A planning commissioner who is a candidate for public office and who complies
with all provisions of applicable public disclosure and ethics laws shall not be limited
from accepting campaign contributions to finance the campaign, including outstanding
debts; nor shall it be a violation of the Appearance of Fairness Doctrine to accept such
campaign contributions (RCW 42.36.050, Campaign Contributions).
SECTION 15 - REPORTS: Reports of official Planning Commission reviews or official
recommendations shall include only that which has been approved by a majority vote of
the members present as expressed in Section 10.
Drafts of reports of official Planning Commission reviews or official
recommendations shall be reviewed, corrected as necessary, and adopted by a majority
vote of the Planning Commission members present.
Under exceptional circumstances, where time is of the essence, this rule may be
suspended by a two-thirds majority of the Planning Commissioners in attendance.
Should this rule be suspended, the drafters of the subject report shall make a good
faith effort to have the subject draft report reviewed by as many Planning
Commissioners as feasible. Under such circumstances, such reports will be sent to the
Planning Commissioners immediately upon completion. Further, this means of adoption
shall be noted on the facing page of such document.
A Planning Commission minority report may be submitted with a majority report.
A minority report shall (1) contain the concurrent opinion of two or more Planning
Commission members who participated in the discussion and voted in the negative, (2)
be signed by such members, (3) not contain diverging opinions, and (4) contain an
issue relating directly to the majority report with which it is submitted.
One or more business days before any minority report is submitted to the Board
of County Commissioners, a copy of such minority report shall be (1) submitted to the
Planning Commission secretary and (2) made reasonably available to all Planning
Commission members.
The timing of minority reports shall follow the same time line as the Planning
Commission majority report and be submitted in the same Board of County
Commissioners packet. Such minority report shall be disseminated to the entire
Planning Commission on the day the minority and majority reports are submitted to the
Board packets.
SECTION 16 - AMENDMENTS: Amendment to these By-Laws may be made at any
regular meeting of the Planning Commission, provided the following conditions have
been met:
PROPOSED
AMENDMENTS TO
TITLE 18 RELATING TO
SHOOTING FACILITIES
Austin Watkins, Planning ManagerJefferson County Planning CommissionOctober 17, 2018
Agenda
Background
Overview of the proposed Commercial Shooting Facility Ordinance (“CSFO”)
Need for amendments to Title 18, Unified Development Code, (“UDC”) relating to commercial and non-commercial shooting facilities
Discussion and overview of proposed UDC amendments relating to shooting facilities
Proposed November 7, 2018 Planning Commission Public Hearing
10/17/2018 2
Background
In order to protect the public safety and ensure future viability of commercial shooting ranges, the Jefferson County Board of County Commissioners (“BoCC”) approved a one-year moratorium on commercial shooting facilities.
Moratorium expires on December 17, 2018.
Moratorium prohibits the “submission, acceptance, processing or approval of any Jefferson County permit applications for any proposed use, development, proposal or project for the siting, construction or modification of any commercial shooting facility, during the period of development of an ordinance.”
A commercial shooting facility is a “commercial facility having one or more shooting ranges that for use of the facility require a contract, charge a fee, or require membership”.
On September 9, 2018, the BoCC referred “harmonizing” UDC amendments to the Planning Commission.
The proposed UDC amendments improve the usability of the UDC and are independent of the CSFO.
10/17/2018 3
Overview of proposed CSFO
The BoCC is considering a Commercial Shooting Facility Ordinance, under Title 8 (Health and Safety). The proposed CSFO is a separate action and not subject to Planning Commission review.
The proposed CSFO changes the following in Title 8:
Consistent definitions
Requires operating permit for new commercial shooting facilities. Examples of the proposed requirements include:
Facility design plan; safety plan; operations plan; environmental plan; noise abatement plan; professional evaluation; certification under oath; and a list of properties owners within the safety fan (at least one mile).
Third party evaluation available, by an independent qualified shooting range evaluator
Inspections (pre-and annual) and annual reports.
Insurance.
Operating permits for legally established commercial shooting facilities.
Must obtain an operating permit within one-year.
Relief valve may be available under a provisional operating permit if deficiencies are corrected within an established reasonable timeline.
Inspections (pre-and annual) and annual reports.
Insurance.
10/17/2018 4
Nonconforming Uses –the Basics
Nonconforming rights, like vested rights, are considered to be a property right and interference with such rights could be subject
to constitutional challenges in the same manner as any other land use action. Vesting and nonconforming rights, 36 Wash.
Prac., Washington Land Use §11:7.
A nonconforming use is a use that lawfully existed prior to a change in regulation. King Cty., Dep't of Dev. & Envtl. Servs. v.
King Cty., 177 Wash. 2d 636, 643, 305 P.3d 240, 244 (2013). The landowner has the burden to prove that (1) the use existed
prior to the contrary zoning ordinance, (2) the use was lawful at the time, and (3) the applicant did not abandon or discontinue
the use for over a year prior to the relevant change. Id. Despite that the use may no longer be permitted, it is allowed to
continue due to the fairness and due process concerns of the landowner. Id.
As time passes, a nonconforming property use may grow in volume or intensity. Keller v. City of Bellingham,92 Wash.2d 726,
731, 600 P.2d 1276 (1979); Kitsap Cty. v. Kitsap Rifle & Revolver Club, 184 Wash. App. 252, 268, 337 P.3d 328, 335
(2014),amended on denial of reconsideration (Feb. 10, 2015). When an increase in volume or intensity of use is of such
magnitude as to effect a fundamental change in a nonconforming use, courts may find the change to be proscribed by the
ordinance. Intensification is permissible, however, where the nature and character of the use is unchanged and substantially the
same facilities are used. The test is whether the intensified use is different in kind from the nonconforming use in existence
when the zoning ordinance was adopted.
Keller, 92 Wash.2d at 731, 600 P.2d 1276; Kitsap Cty. v. Kitsap Rifle & Revolver Club, 184 Wash. App. 252, 269, 337 P.3d 328,
335 (2014), amended on denial of reconsideration (Feb. 10, 2015).
Nonconforming Uses—Property Rights Protected Under the Constitution
Nonconforming Uses—Intensification Is OK But Expansion is Not—This is Not Simple
10/17/2018 5
Nonconforming Uses –JCC 18.20.260
(1)Nonconforming uses of land are uses which currently exist and were lawfully established prior to the enactment of this code. Legally established uses may continue as long as they remain otherwise lawful, provided:
(a)The nonconforming use of land is not discontinued or abandoned for a period more than two years. A property owner may be allowed three years if they demonstrate a bona fide intention to sell or lease the property. For purposes of calculating this time period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events:
(i)On the date when the land was physically vacated;
(ii)On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; or
(iii)On the date of termination of any lease or contract under which the nonconforming use has occupied the land.
(b)A legal existing nonconforming use can be expanded up to 10 percent subject to a Type I permit approval process.
(c)A nonconforming use may be expanded beyond 10 percent through the approval of a Type II C(d) discretionary conditional use permit process. In addition to meeting the criteria set forth through the conditional use permit process, thedepartment shall determine the expansion proposal has met the following:
(i)The proposed area for expansion is contiguous to the nonconforming use;
(ii)The area for expansion of the use complies with all applicable bulk and dimensional standards, performance provisions, and environmental and shoreline (WAC 173-27-080) regulations;
(iii)The area for expansion shall not increase the land area devoted to the nonconforming use by more than 100 percent of that use at the effective date of the nonconformance;
(iv)The expansion shall not be granted if it would result in a significant increase in the intensity of the use of the nonconformity (e.g., hours of operation, traffic).10/17/2018 6
Why amend the UDC?
1.Inconsistent definitions in the UDC.
2.Possible loophole in small scale recreation and tourist uses (JCC 18.20.350(8)).
1.The current UDC defines an outdoor shooting range as “a facility specifically designed and used for safe shooting practice with firearms and/or archery practice, with individual or group firing positions for specific weaponry.”
2.The small-scale recreation and tourist use has lesser protection than that proposed in the draft CSFO.
3.Small-scale is defined as “a size or intensity which has minimal impacts on the surrounding areas”. Small-scale recreation or tourist use “means those isolated uses which are leisure or recreational in nature”.
4.The current UDC does not differentiate between commercial and non-commercial uses.
3.The UDC’s Use Table does not have commercial or non-commercial shooting facilities.
4.The UDC’s Use Table does not expressly permit indoor commercial shooting facilities.
10/17/2018 7
Approval Criteria for Conditional Uses –JCC 18.40.530
(a)The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property;
(b)The conditional use will be served by adequate infrastructure including roads, fire protection, water, wastewater disposal, and stormwater control;
(c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel;
(d)The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
(e)The location, size, and height of buildings, structures, walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties;
(f)The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel;
(g)The conditional use complies with all other applicable criteria and standards of this code and any other applicable local, stateor federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC;
(h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield;
(i)The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval;
(j)The conditional use has merit and value for the community as a whole;
(k)The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and
(l)The public interest suffers no substantial detrimental effect. Consideration shall be given to the cumulative effect of similar actions in the area.
10/17/2018 8
Proposed UDC Amendments -Definitions
Refer to page 7-8 of the attached Draft Ordinance
Adds:
Commercial shooting facility;
Indoor facility;
Firearm; and
Non-commercial shooting facility
Modifies:
NRA Range Source Book (reference update);
Outdoor commercial shooting facility;
Projectile; and
Shooting range
10/17/2018 9
Proposed UDC Amendments –Modifications to Small-Scale Recreation and Tourist Uses
Modifies the following terms used in this section to be consistent with the proposed updates:
Outdoor shooting range “non-commercial outdoor shooting ranges”
Ammunition “projectile”
NRA Range Manual “NRA Source Book”
Shooting Areas “Shooting Ranges”
Shooting Range “Non-commercial Shooting Facility”.
Clarifies this section with a new definition of “non-commercial shooting facility”, closing a loophole for commercial shooting facilities.
“Non-commercial shooting facility” means any portion of a privately-owned property used for lawful shooting practice solely by its owners or the owner’s guests without payment of any compensation to the owner of the privately owned property or to any other person”.
Non-commercial shooting facilities do not have to have an operating permit under the proposed draft CFSO. However, they must meet JCC 18.20.350(8) criteria.
Continues to be a Conditional Use in Commercial Forest, Rural Forest, and Inholding Forest.
10/17/2018 10
Proposed UDC Amendments –UDC Use Table
Adds outdoor commercial shooting ranges as a Conditional Use in Rural Forest, Commercial Forest, and Inholding Forest zones only.
Adds indoor commercial shooting facilities as a Conditional Use in all zones, expect “agricultural resource lands (agricultural lands)”, “industrial use, heavy or resource-based”, or “light-industrial”.
10/17/2018 11
Public Hearing –November 7, 2018
Proposed Planning Commission Public Hearing on November 7, 2018 at 6:00pm.
Tentative location: Chimacum High School Auditorium
Written comment period proposed from October 24 until November 9, 2018.
10/17/2018 12
QUESTIONS?
10/17/2018 13
1 of 10
APPENDIX 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Amending Title 18 JCC
relating to Shooting Facilities
Ordinance No. ______
}
}
}
ORDINANCE NO. __________
WHEREAS, on December 18, 2017, the Board of County Commissioners (BoCC)
adopted Ordinance No. 05-1218-17, an Ordinance Establishing a Moratorium on Commercial
Shooting Facilities in Unincorporated Areas of Jefferson County (the Moratorium); and,
WHEREAS, staff recommended changes to Title 18 JCC relating to shooting facilities and
the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has held a hearing and has received public
comment on the draft ordinance proposed by staff that improves Title 18 JCC and would be
consistent with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, the Planning Commission has forwarded its recommendations to the BoCC
regarding the draft ordinance proposed by staff that improves Title 18 JCC and would be consistent
with the new draft Article III, Chapter 8.50 JCC; and,
WHEREAS, following the Planning Commission’s consideration of the draft ordinance
proposed by staff that improves Title 18 JCC and would be consistent with the new Article III,
Chapter 8.50 JCC, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the proposed ordinance that that improves Title 18 JCC and would be consistent with the new
draft Article III, Chapter 8.50 JCC,
NOW, THEREFORE, be it ordained that:
Section 1. Modification of Title 18 JCC. Title 18 JCC shall be modified as set forth in Appendix
A, including as follows:
a. Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and
would comply with the new commercial shooting facility ordinance, Article III, Chapter
8.50 JCC in all zones, except “agricultural resource lands (agricultural lands),” “industrial
use, heavy or resource-based” or “light industrial.”
2 of 10
b. Agricultural resource lands, industrial use, heavy or resource-based or light industrial zones
should not be included as zones for indoor commercial shooting facilities because these are
uses that are limited by GMA and the JCC provisions that implement GMA. JCC 18.10.10
defines agricultural resource lands (agricultural lands) as: “lands that are primarily devoted
to the commercial production of horticultural, viticultural, floricultural, dairy, apiary,
vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or Christmas trees
not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in
upland hatcheries, or livestock, and that have long-term commercial significance for
agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into
two land use designations, prime (AP-20) and local (AL-20), in the Comprehensive Plan.”
JCC 18.25.020(1)(a) states: “The purpose of the prime agricultural lands district is to
protect and preserve areas of prime agricultural soils for the continued production of
commercial crops, livestock, or other agricultural products requiring relatively large tracts
of agricultural land. It is intended to preserve and protect the land environment, economy
and lifestyle of agriculture in Jefferson County. These lands must be protected as
‘agricultural lands of long-term commercial significance’.” JCC 18.25.020(1)(b) states:
“The purpose of the agricultural lands of local importance district is to protect and preserve
parcels of land which, while not necessarily consisting of prime agriculture soil or
relatively large acreage, are still considered important to the local agricultural economy,
lifestyle and environment. As such they deserve protection as ‘agricultural lands of long-
term commercial significance’.” JCC 18.10.090 defines industrial use, heavy or resource-
based as: “a use engaged in the basic processing and manufacturing of materials or
products predominately from extracted or raw materials or natural resources; a use engaged
in storage of or manufacturing processes using flammable, hazardous or explosive
materials; or manufacturing processes that potentially involve hazardous or commonly
recognized adverse conditions” JCC 18.10.120 defines light industrial as “a use involving:
(1) basic processing and manufacturing of materials or products predominantly from
previously prepared materials; or (2) finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of
such products, but excluding basic processing of raw materials except food products.”
c. Add the following definition to JCC 18.10.090: “‘Indoor facility’ means a commercial
shooting facility’ has the same meaning as ‘indoor facility’ in JCC 8.50.220(34).”facility
within a fully enclosed structure.”
d. Add definitions to Title 18 JCC needed for consistency with the new draft commercial
shooting facility ordinance. For example, a definition of commercial shooting facility that
3 of 10
incorporates the definition in the new commercial shooting facility ordinance shall be
added to Title 18. Specifically:
i. Add the following definition to JCC 18.10.030: “‘Commercial shooting facility’
has the same meaning as in JCC 8.50.220(15).”“Commercial shooting facility”
means an indoor facility or outdoor facility designed and specifically designated
for safe shooting practice with firearms, whether open to the public, open only to
private membership, open to organizational training for law enforcement officers
or organizational training for members of the armed forces, or any combination of
the above. There may be one or more shooting ranges located at a commercial
shooting facility. The term commercial shooting facility does not include:
(a) Shooting facilities that are both owned and operated by any instrumentality of
the United States, the State of Washington, or any political subdivision of the
State of Washington;
(b) Any portion of a privately-owned property used for lawful shooting practice
solely by its owner or the owner’s guests without payment of any compensation
to the owner of the privately owned property or to any other person.
ii. Add the following definition to JCC 18.10.060: “‘Firearms’ has the same meaning
as in JCC 8.50.040.”“Firearm” means a weapon or device from which a projectile
or projectiles may be fired by an explosive such as gunpowder. The definition of
“firearm” includes the terms pistol, rifle, short-barreled rifle, shotgun, short-
barreled shotgun, machine gun, and antique firearm as those terms are defined in
RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building
industries and which would otherwise fall within this definition; or, (b) a
“destructive device” as defined in 18 U.S.C. §921(a)(2).
iii. Add the following definition to JCC 18.10.030: “‘NRA Range Source Book’ has
the same meaning as in JCC 8.50.220(39).”
iv.iii. Add the following definition to JCC 18.10.140: “‘Non-commercial shooting
facility’ means any portion of a privately-owned property used for lawful shooting
practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other person.”
4 of 10
v.iv. Add the following definition to JCC 18.10.140: “‘NRA Range Source Book’
hasBook” means the same meaning as in JCC 8.50.220(39).”most current version
of The NRA Range Source Book published by the National Rifle Association.
vi.v. Add the following definition to JCC 18.10.150: “‘Outdoor commercial shooting
facility’ has the same meaning ‘outdoor facility’ as in JCC 8.50.220(45).”means a
commercial shooting facility that is not an indoor facility.”
vii.vi. Delete the definition of “outdoor shooting range” in JCC 18.10.150.
i. Add the following definition to JCC 18.10.160: “‘Projectile’ has the same meaning
as in JCC 8.50.220(50).”means an object fired from a firearm.”
ii. The definition of “shooting range” in JCC 18.10.190 shall be changed to “‘Shooting
range’ has the same meaning as in JCC 8.50.220(50).”consists of a firing line or
firing points, and an impact area. A commercial shooting facility may include
multiple shooting ranges.”
e. Modify JCC 18.20.350(8) for small-scale recreation and tourist uses and other provisions
of Title 18 JCC that improves it and would to be consistent with the new draft commercial
shooting facility ordinance, while preserving their limitations for uses in effect before
adoption of the new draft commercial shooting facility ordinance. Specifically:
i. Change “outdoor shooting range” in JCC 18.20.350(8), to “non-commercial
outdoor shooting ranges.”
ii. Change “ammunition” in JCC 18.20.350(8)(a) to “projectile.”
iii. Change “NRA Range Manual” in JCC 18.20.350(8)(b) to “NRA Source Book.”
iv. Change “shooting areas” in JCC 18.20.350(8)(d), JCC 18.30.350(8)(f), and JCC
18.20.350(8)(h) to “shooting ranges.”
v. Change “shooting range” in JCC 18.20.350(8)(f) to “non-commercial shooting
facility.”
f. Modify Table 3-1 in Title 18 that improves it and would to be consistent with the new
commercial shooting facility ordinance and the Growth Management Act (GMA), while
preserving their limitations for uses in effect before adoption of this ordinance.
Specifically:
5 of 10
i. Change “outdoor shooting ranges” used in Table 3-1 to “non-commercial shooting
facilities.”
ii. Add “indoor commercial shooting facilities” to Table 3-1 as a conditional use in all
zones, except “agricultural resource lands (agricultural lands),” “industrial use,
heavy or resource-based” or “light industrial.”
iii. Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF,
CF and IF zones only.
Section 2. Findings. The BoCC hereby adopts the above recitals (the “WHEREAS” statements)
as its findings of fact in support of this Ordinance.
Section 3. 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,
then the remainder of this Ordinance or application of its provisions to other persons or
circumstances shall remain valid and unaffected.
Section 4. Repeal and Replace. The changes authorized above are to repeal and replace the
relevant provisions in Title 18 JCC. However, legal nonconforming uses that established prior to
the adoption of this Ordinance shall continue to be bound by the requirements in JCC 18.20.350(8)
as it existed prior to the effective date of this ordinance.
Section 5. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
6 of 10
ADOPTED this _____ day of _________________________ 2018, at ___: ___ a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
______________________________
David Sullivan, Chair
______________________________
Kathleen Kler, Member
ATTEST: ______________________________
Kate Dean, Member
APPROVED AS TO FORM:
______________________________ ______________________________
Carolyn Gallaway, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
7 of 10
APPENDIX A
PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS:
18.10.030 C definitions.
“Commercial shooting facility” has the same meaning as in JCC 8.50.220(15).
(1) “Commercial shooting facility” means an indoor facility or outdoor facility designed and
specifically designated for safe shooting practice with firearms, whether open to the
public, open only to private membership, open to organizational training for law
enforcement officers or organizational training for members of the armed forces, or any
combination of the above. There may be one or more shooting ranges located at a
commercial shooting facility. The term commercial shooting facility does not include:
(a) Shooting facilities that are both owned and operated by any
instrumentality of the United States, the State of Washington, or any
political subdivision of the State of Washington;
(b) Any portion of a privately-owned property used for lawful shooting
practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other
person.
18.10.060 F definitions.
“‘Firearms” has the same meaning as in JCC 8.50.040.
“Firearm” means a weapon or device from which a projectile or projectiles may be fired by an
explosive such as gunpowder. The definition of “firearm” includes the terms pistol, rifle, short-
barreled rifle, shotgun, short-barreled shotgun, machine gun, and antique firearm as those terms
are defined in RCW 9.41.010. The term “firearm” shall not include: (a) devices, including but
not limited to “nail guns,” which are used as tools in the construction or building industries and
which would otherwise fall within this definition; or, (b) a “destructive device” as defined in 18
U.S.C. §921(a)(2)..
18.10.090 I definitions.
8 of 10
“‘“Indoor facility” means a commercial shooting facility” has the same meaning as “indoor
facility” in JCC 8.50.220(34). within a fully enclosed structure.
18.10.140 N definitions.
“Non-commercial shooting facility” means any portion of a privately owned property used for
lawful shooting practice solely by its owner or the owner’s guests without payment of any
compensation to the owner of the privately owned property or to any other person.
“NRA Range Source Book” has the same meaning as in JCC 8.50.220(39).means the most
current version of The NRA Range Source Book published by the National Rifle Association.
18.10.150 O definitions.
Outdoor Shooting Range. (See “Shooting range.”)
“Outdoor commercial shooting facility” has the same meaning “outdoor facility” as in JCC
8.50.220(45).means a commercial shooting facility that is not an indoor facility.
18.10.160 P definitions.
“Projectile” has the same meaning as in JCC 8.50.220(50).means an object fired from a firearm.
18.10.190 S definitions.
“Shooting range” has the same meaning as in JCC 8.50.220(61). meansconsists of a facility
specifically designedfiring line or firing points, and used for safean impact area. A commercial
shooting practice with firearms and/or for archery practice, with individual or group firing
positions for specific weaponryfacility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Outdoor Shooting RangesNon-commercial shooting facilities. Outdoor shooting rangesNon-
commercial shooting facilities are subject to the following standards:
(a) They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of ammunitionprojectiles beyond the boundaries of the parcel where they occur;
(b) The National Rifle Association’s Range ManualSections I and II of the NRA Source Book
shall be consulted and used in the development and operation of ranges; Articles 1, 2, and 3 of
the safety recommendations for outdoor shooting ranges shall be used as minimum guidelines in
the design, and construction and operation of shooting ranges;
9 of 10
(c) Warning and trespass signs advising of the range operation shall be placed on the perimeter
of the property at intervals no greater than 50 feet;
(d) The shooting areasshooting ranges shall be surrounded by an eight-foot-high noise barrier in
the form of an earth berm or wall, or be located in a minimal eight-foot deep depression;
(e) The minimum lot size for an outdoor rifle, trap, skeet, or pistol range used by an organization
shall be 10 acres. For an outdoor archery range used by an organization, minimum lot size shall
be five acres;
(f) No structure or shooting areasshooting ranges associated with a shooting rangenon-
commercial shooting facility shall be located closer than 100 feet to any lot line;
(g) A minimum location of 500 feet is required from any occupied dwelling other than the
dwelling of the owner;
(h) All shooting areasshooting ranges must be completely fenced; and
(i) In the consideration of an application for permit, the approval authority shall take into account
both safety and noise factors, and may prescribe additional conditions with respect thereto.
10 of 10
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses.
Resource Lands Other Zones Types
Agricultural
– Prime and
Local
Forest –
Commercial,
Rural
and
Inholding
Other Zones Where
Only Indoor
Commercial Shooting
Facility Allowed
Other Zones Where No
Shooting Facility Allowed
Specific Land
Use
AG CF/RF/IF Rural Residential – 1
DU/5 Acres (RR 1:5),
Rural Residential – 1
DU/10 Acres (RR
1:10), Rural
Residential – 1 DU/20
Acres (RR 1:20),
Convenience
Crossroad (CC),
Neighborhood/Visitor
Crossroads (NC),
General Crossroad
(GC), and
Recreation, Irondale
and Port Hadlock
Urban Growth Area
(UGA), Parks,
Preserves and
Recreation (PRR)
Resource-based
Industrial, Light
Industrial/Commercial
(LI/C), Light Industrial
(LI), Light
Industrial/Manufacturing
(LI/M), Heavy Industrial
(HI)
Indoor
commercial
shooting facility
No C C No
Outdoor
commercial
shooting facility
No C No No
Outdoor
shooting ranges
No C No No
Non-commercial
shooting facility
No C No No