HomeMy WebLinkAbout112618_ra01JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Patty Charnas, Director of Community Development
Austin Watkins, Planning Manager
Emma Bolin, Planning Supervisor
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: November 26, 2018
RE: Hearing Notice on a proposed Ordinance Harmonizing Title 18 of the Jefferson County
Code with Commercial Shooting Facilities Ordinance No. 12-1102-18
STATEMENT OF ISSUE: The Board of County Commissioners is asked to set a special meeting
and approve a Hearing Notice for conducting a public hearing on Monday, December 10, 2018
at 6:00 P.M. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend,
Washington, for the purpose of taking oral and written testimony regarding a proposed
ordinance harmonizing Title 18 "Unified Development Code" of the Jefferson County Code with
the Commercial Shooting Facilities Ordinance No. 12-1102-18. In addition, written testimony
submitted on or after November 28, 2018 and received by the Board of County Commissioners
up through the end of the hearing on December 10, 2018 will be part of the hearing record.
ANALYSIS: On December 18, 2017, the Board of County Commissioners (BoCC) approved a
one-year moratorium (Ordinance No. 05-1218-17) on new and expansion of existing
commercial shooting facilities in unincorporated Jefferson County. The moratorium was for up
to one year, expiring at the end of December 17, 2018.
Ordinance No. 05-1218-17, as modified by Ordinance 01-0220-18, contained a workplan for
developing an ordinance for the permitting, development and operation of commercial
shooting facilities that: (1) provides for and promotes safety by establishing a permitting
procedure and rules for the siting, design and operation of commercial shooting range facilities
that safeguards participants, spectators, neighboring properties and the public; (2) does not
prohibit or expressly regulate the discharge of firearms; (3) involves measures designed to
make the discharge of firearms safe; (4) protects the environment; (5) ensures compatibility
with neighboring land use; and, (6) promotes the continued availability of shooting facilities for
firearm education, practice in the safe use of firearms, and recreational firearm sports.
On September 10, 2018 the BoCC referred to the Planning Commission and staff the
development of a draft ordinance under Title 18 of the Jefferson County Code ("JCC') otherwise
known as the Unified Development Code ("UDC'). The draft UDC ordinance was described in
an August 23, 2018 staff report. On September 17, 2018 the Planning Commission heard a
presentation describing potential loopholes in the UDC that would be closed by amending the
UDC. A second staff briefing to the Planning Commission took place on October 17, 2018 when
a draft UDC ordinance was proposed.
On November 2, 2018, the BoCC adopted a Commercial Shooting Facilities Ordinance
(Ordinance No. 12-1102-18) amending Chapter 8.50 of the Jefferson County Code, and retitling
it "Shooting in the County."
The Planning Commission held a public hearing on November 7, 2018, accepting verbal and
written testimony on proposed companion amendments to Title 18, the Unified Development
Code. The Planning Commission accepted written comments on the Title 18 amendments from
October 24, 2018 through November 16, 2018.
On November 19, 2018, the Planning Commission deliberated on the hearing record, and voted
to recommend to the BoCC a draft ordinance modifying Title 18 JCC relating to shooting
facilities. The findings and recommendations of the Planning Commission were approved by
unanimous vote of the Planning Commission at that meeting.
The ordinance amending Title 18 recommended by the Planning Commission is now the subject
of a new hearing by the County Commissioners, proposed for December 10, 2018. The Board of
Commissioners must hold its own hearing to be able to consider any changes to the Planning
Commission's proposal.
A proposed Hearing Notice is attached for Board approval.
FISCAL IMPACT: Holding a public hearing at The Commons on December 10, 2018, will cost the
County approximately $2,000, plus staff overtime, the cost of advertising, and other incidental
expenses. Depending on whether or not there will be sufficient under -expenditures in other
line items in the Non -departmental budget, the expense of this hearing and other prior
hearings could require a small fourth quarter supplemental budget appropriation.
RECOMMENDATION: That the BoCC schedule a special meeting and approve the attached
Hearing Notice for a public hearing on December 10, 2018 at 6:00 P.M. to take oral and written
testimony on the Planning Commission's recommended ordinance.
REVIEWED BY:
hilip Morl y, iuntyAdminstratori�____=r Date
2
Please Publish Twice: November 28 and December 5, 2018
Bill: Jefferson County Board of County Commissioners
PO Box 1220
Port Townsend, WA 98368
Non -Departmental #15829
NOTICE OF PUBLIC HEARING
Proposed Ordinance Harmonizing Title 18 of the Jefferson County Code
with Commercial Shooting Facilities Ordinance No. 12-1102-18
NOTICE IS HEREBY GIVEN that a special meeting and public hearing is scheduled by the Jefferson County
Board of Commissioners for Monday, December 10, 2018. at 6:00 p.m. in The Commons at Fort Worden State
Park, 200 Battery Way, Port Townsend, Washington 98368.
The purpose of the public hearing is for taking written and oral testimony regarding a proposed ordinance
harmonizing Title 18 "Unified Development Code" of the Jefferson County Code with the Commercial Shooting
Facilities Ordinance No. 12-1102-18. In addition to the December 10'i' Public Hearing, written testimony may also
be submitted any time starting November 28, addressed to the BoCC at P.O. Box 1220, Port Townsend, WA 98368
or by email at ieffboccg_co.jefferson.wa.us, as long as it is received by the Commissioners by the end of the Public
Hearing.
The proposed ordinance would revise development regulations in Title 18 of Jefferson County Code (JCC) to
harmonize Title 18 with Ordinance No. 12-1102-18 on Commercial Shooting Facilities in Unincorporated Jefferson
County, as follows:
Section 1. of the proposed ordinance, if enacted, would adopt an Appendix A:
• amending, deleting or adding definitions for "armed forces" (JCC 18.10.010), "commercial shooting
facility" (18.10.030), "firearm" (JCC 18.10.060), "indoor facility" (JCC 18.10.090), "non-commercial
shooting facility" and "NRA source book" (JCC 18.10.140), "outdoor shooting range" and "outdoor
commercial shooting facility" (JCC 18.10.150), "paramilitary organization" and "projectile" (JCC
18.10.160), and "shooting range" (JCC 18.10.190);
• amending 18.20.380(8) "Outdoor Shooting Ranges" and retitling it "Non-commercial shooting
facilities"
• adding 18.20.430 "Commercial and Non -Commercial Shooting Facilities;" and
• amending Table 3-1 "Allowable and Permitted Uses" in
Section 2. of the proposed ordinance, if enacted, would adopt findings of fact.
Section 3. of the proposed ordinance, if enacted, would declare the provisions of the ordinance separate and
severable.
Section 4. of the proposed ordinance, if enacted, would repeal and replace relevant provisions in Title 18 JCC,
and bind existing legal nonconforming uses to JCC 18.20.380(8) as it presently exists.
Section 5. of the proposed ordinance, if enacted, would set an effective date.
The public can view the complete text of the proposed ordinance online at www.co.jefferson.wa.us.
Signed this 261 Day of November, 2018.
Jefferson County Board of Commissioners
David Sullivan, Chair
,ON (7� JEFFERSON COUNTY
c� PLANNING COMMISSION
621 Sheridan Street 1 Port Townsend, WA 98368
360-379-4450 1 email: PlanComm@co.jefferson.wa.us
httP://www.co.jefferson.wa.us/580/Planning-Commission
To: Board of County Commissioners
From: Planning Commission
Date: November 19, 2018
Subject: Planning Commission recommendations on proposed amendments to the Unified
Development Code, Title 18 relating to shooting facilities in unincorporated Jefferson
County
Honorable Commissioners Sullivan, Kler, and Dean:
The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners
("BoCC") our recommended draft ordinance modifying Title 18 JCC relating to shooting facilities. The
findings and recommendations presented in this transmittal, were approved with a unanimous vote of the
Planning Commission on November 19, 2018. This report summarizes the process and the work product
related to the proposed ordinance.
Process
On December 18, 2017, the BoCC approved a one-year moratorium on new and the expansion of
existing commercial shooting facilities in unincorporated Jefferson County. The moratorium was passed in
order to protect the public safety and ensure future viability of commercial shooting facilities. The
moratorium prohibits the "submission, acceptance, processing or approval of any Jefferson County permit
application 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."
Jefferson County Ordinance No. 05-1218-17. The moratorium defines a commercial shooting facility as a
"commercial facility have one or more shooting ranges that for use of the facility require a contract,
charge a fee, or require membership."
Ordinance No. 05-1218-17 contained a workplan that required establishment of a review committee to
advise to staff in the development of a commercial shooting facility ordinance ("CSFO"). The workplan
required presentation by staff of a draft CSFO to the BoCC by August 23, 2018. The review committee
established by Ordinance No. 05-1218-17 met 16 times over a number of months for a total of over 40
hours and developed a draft CSFO under Title 8 JCC, the Health and Safety Code, requiring an operating
permit for any new or established commercial shooting facility in unincorporated Jefferson County. The
detailed history of the work of the review committee is at https://co.iefferson.wa,us/1291/Commercial-
Shootinq-Facility-Review-Comm.
The draft CSFO ordinance was transmitted to the BoCC by staff as Appendix 1 to an August 23, 2018
Staff Report, The August 23, 2018 Staff Report described the review committee process and the draft
CSFO ordinance. The BoCC was briefed by staff twice on the staff report and draft CSFO ordinance,
once on August 26, 2018 and again on September 9, 2018.
On September 10, 2018 the BoCC referred to the Planning Commission and staff the development of a
draft ordinance under Title 18 of the Jefferson County Code ("JCC') otherwise known as the Unified
Development Code ("UDC'). The draft UDC ordinance was described in the August 23, 2018 staff report.
The proposed ordinance amending the UDC relating to shooting facilities did not require that the CSFO
be adopted before considering draft UDC ordinance. The draft UDC ordinance clarifies definitions,
clarifies the small-scale tourist and recreation uses, and updates allowable and prohibited uses under the
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
JCC 18.15.40 Table 3-1 "Allowable and Prohibited Uses". The draft UDC ordinance could be considered
independently of the proposed CSFO. However, on November 2, 2018, the BoCC adopted a CSFO in
Ordinance No. 12-1102-18.
On September 17, 2018 staff made a presentation to the Planning Commission describing potential
loopholes in the UDC that would be closed by the draft UDC ordinance. A second staff briefing to the
Planning Commission took place on October 17, 2018 when a proposed draft UDC ordinance was
provided. The Planning Commission accepted written comments from October 24, 2018 until November
16, 2018 regarding the draft UDC ordinance.
Public Hearing
The Planning Commission held a public hearing, accepting verbal and written testimony, on the proposed
draft UDC ordinance on November 7, 2018.
Proposed Amendments to Unified Development Code
1. Summary of Proposal and Amendments
• Selected definitions are updated, improved, and consistent.
• Outdoor commercial shooting facilities become a Conditional Use Permit (Type III) in Commercial
Forest, Rural Forest, and Inholding Forest.
• Non-commercial shooting facilities continue to require a Conditional Use Permit (Type 111) in
Commercial Forest, Rural Forest, and Inholding Forest. This changes JCC 18.15.040, Table 3-1,
Allowable and Prohibited Uses from 'outdoor shooting ranges" to "non-commercial shooting
ranges". This use still requires compliance with the small-scale tourist and recreation use criteria.
• Consistency updates to the small-scale tourist and recreation use criteria, JCC 18.20.350(8).
2. Definitions (underlines are additions and striket"roughs are proposed deletions)
18.10.030 C definitions.
I. "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
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
18.10.060 F definitions.
"Firearm" means a weapon or device from which a Projectile or 2roiectiles may be fired by an explosive
such as gunpowder. The definition of "firearm" includes the terms pistol, rifle, short -barreled rifle, shot -gun,
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. 6921(a)(2)..
18. 10. 090 1 definitions.
"Indoor facility" means a commercial shooting facility 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" means the most current version of The NRA Range Source Book published
by the National Rifle Association.
18. 10. 150 0 definitions.
....... -..=Mll - -ff- I - I!tltlftW
"Outdoor commercial shooting facility" means a commercial shooting facility that is not an indoor facility.
18-10-160 P definitions.
"Projectile" means an object fired from a firearm.
18.10.190 S definitions.
"Shooting range" consists of a firinq line or firing points, and an impact area, A commercial shooting
facility may include multiple shooting ranges,
3. Table 3-1, Allowable and Prohibited Use Table ("Use Table") (underlines are additions and
strikethroughs are proposed deletions)
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
4. Modifications to the small-scale tourist and recreation uses (JCC 18 20 350(8)) (underlines are
additions and strikethreughs are proposed deletions)
(8) 9uWcw Shhe®t+rg-RangesNon-commercial shooting facilities. Outdeer-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
ammunitignproiectiles beyond the boundaries of the parcel where they occur;
(b) The National --14 uatSections I and 11 of the NRA Source Book shall be
consulted and used in the
recommendatior}s-fer' eutdoer-as minimum guidelines in the design, and
construction and operation of shooting ranges;
(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;
Resource Lands
Other Zones Types
Forest -
Other Zones Where
Other Zones Where No
Agricultural
Commercial,
Only Indoor
Shooting Facility Allowed
- Prime and
Rural
Commercial Shooting
Local
and Inholdin
Facilit Allowed
Specific Land
AG
CF/RF/IF
Rural Residential - 1
Resource-based Industrial,
Use
DU/5 Acres (RR 1:5),
Light Industrial/Commercial
Rural Residential - 1
(LI/C), Light Industrial (LI),
DU/10 Acres (RR 1:10),
Light
Rural Residential - 1
Industrial/Manufacturing
DU/20 Acres (RR 1:20),
(LI/M), Heavy Industrial (HI)
Convenience
Crossroad (CC),
Neighborhood/Visitor
Crossroads (NC),
General Crossroad
(GC), and Recreation,
Irondale and Port
Hadlock Urban Growth
Area (UGA), Parks,
Preserves and
Recreation(?RR
Indoor commercial
No
C
C
No
shootingfacili
Outdoor
No
C
No
No
commercial
shooting facility
Outdo—shooting
No
O
No
No
Non-commercial
No
C
No
No
shootinq facility
4. Modifications to the small-scale tourist and recreation uses (JCC 18 20 350(8)) (underlines are
additions and strikethreughs are proposed deletions)
(8) 9uWcw Shhe®t+rg-RangesNon-commercial shooting facilities. Outdeer-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
ammunitignproiectiles beyond the boundaries of the parcel where they occur;
(b) The National --14 uatSections I and 11 of the NRA Source Book shall be
consulted and used in the
recommendatior}s-fer' eutdoer-as minimum guidelines in the design, and
construction and operation of shooting ranges;
(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;
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
(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 shoot+ng-areasshootinq 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.
Required Findings
In support of this recommendation for the Comprehensive Plan and UDC amendments, the Planning
Commission enters the following findings and conclusions:
I. Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii)
(i) Have circumstances related to the proposed amendment and/or the area in which it is
located substantially changed since the adoption of the Jefferson County Comprehensive
Plan?
The Planning Commission finds that the Comprehensive Plan's implementing regulations
(Title 18, Jefferson County Code / Unified Development Code) require updates to ensure
consistency, improve usability, and close loopholes. Circumstances have substantially
changed in the County requiring these updates. On November 2, 2018, the Jefferson
County Board of County Commissioners ("BOCC") passed Ordinance No. 12-1102-18, the
Commercial Shooting Facility Ordinance ("CSFO"), which adopts health and safety
regulations relating to commercial shooting facilities in the County.
(ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no
longer valid; or is new information available which was not considered during the
adoption process or any annual amendments of the Jefferson County Comprehensive
Plan?
The Planning Commission finds that new information relating to shooting facilities is
available, which was not considered in the adopted Comprehensive Plan, nor the draft
Comprehensive Plan periodic review and update. Information includes application of
development regulations and their impacts on the County.
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
(iii) Does the proposed amendment reflect current, widely held values of the residents of
Jefferson County?
The Planning Commission finds the proposal reflects currently widely held values. The
Planning Commission received extensive public comment on this proposal. Unlike the
public comment asserts, this proposal expressly names an potential unnamed use
(commercial shooting facility), limiting the proposed use's location to the rural forest,
commercial forest, and inholding forest zoning classifications as a conditional use permit.
Under the current development regulations, an unnamed use may be located in
substantially more zoning classifications than this proposal. The Planning Commission
finds that the proposal reflects currently widely held values.
11, Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii)
Growth Management Indicators
i} Is growth and development as envisioned in the Comprehensive Plan occurring faster or
slower than anticipated, or is it failing to materialize?
The Planning Commission finds that in part that development is occurring slower than
envisioned in the adopted Comprehensive Plan.
ii) Has the capacity of the county to provide adequate services diminished or increased?
The Planning Commission finds that the capacity of the County to provide adequate
services has not diminished or increased relating to this proposal.
iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need?
The Planning Commission finds there is sufficient urban land as designated and zoned to
meet projected demand and need.
iv) Are any of the assumptions upon which the plan is based no longer found to be valid?
The Planning Commission finds that all assumptions in the Comprehensive Plan are valid.
V) Are there changes in the county -wide attitudes? Do they necessitate amendments to the
goals of the Comprehensive Plan and the basic values embodied within the Comprehensive
Plan Vision Statement?
The Planning Commission finds that the county -wide attitudes have changed since the
last adoption of the Comprehensive Plan. However, major amendments to the
Comprehensive Plan are currently being deliberated by the BoCC, including amendments
to the Comprehensive Plan's Vision Statement. Changes in county -wide attitude
necessitate the proposal.
vi) Are there changes in circumstances which dictate a need for amendment to the
Comprehensive Plan?
The Planning Commission finds that changes in circumstances require the proposal,
which updates the Comprehensive Plan's implementing development regulations. This
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
includes changes in county -wide attitudes relating to commercial shooting facilities, siting
issues, and potential loopholes in the current UDC.
vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the
Comprehensive Plan and the Countywide Planning Policies for Jefferson County?
The Planning Commission finds that there are no inconsistencies between the
Comprehensive Plan, GMA, and County -wide Planning Policies.
III. Additional Findings from JCC 18.45.080(1)(c)(i-vii)
The proposed site-specific amendment meets concurrency requirements for transportation and
does not adversely affect adopted level of service standards for other public facilities and services
(e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental
services);
The Planning Commission finds that this is not applicable to the proposal. The proposal is
not site-specific.
If. The proposed site-specific amendment is consistent with the goals, policies and implementation
strategies of the various elements of the Jefferson County Comprehensive Plan;
The Planning Commission finds that the proposal, while not a site-specific amendment is
consistent with the Jefferson County Comprehensive Plan. The proposal clarifies
definitions, updates references, and expressly allows previously unnamed uses as a
Conditional Use Permit, in limited zoning classifications, under the Allowable and
Prohibited Uses Table. As currently drafted, commercial shooting facilities are an
unnamed use under the Jefferson County Code, which may result in an allowable or
conditional use in all zoning classifications. The proposal requires all site specific
proposals to be processed as Type III Conditional Use Permit, which requires the site
specific proposal to be consistent with the Comprehensive Plan, in its entirety.
111. The proposed site-specific amendment will not result in probable significant adverse impacts to
the county's transportation network, capital facilities, utilities, parks, and environmental features
that cannot be mitigated, and will not place uncompensated burdens upon existing or planned
service capabilities;
The Planning Commission finds that the proposal does not result in probable significant
adverse impact county's transportation network, capital facilities, utilities, parks, and
environmental features. All site specific commercial shooting facilities, will be processed
as a Type III Conditional Use Permit, requiring compliance with the Conditional Use Permit
approval criteria and the State Environmental Policy Act.
IV. In the case of a site-specific amendment to the Land Use Map, that the subject parcels are
physically suitable for the requested land use designation and the anticipated land use
development, including, but not limited to, the following:
a. Access;
b. Provision of utilities; and
c. Compatibility with existing and planning surrounding land uses;
The Planning Commission finds that this criteria is not applicable to the proposal.
V. The proposed site-specific amendment will not create a pressure to change the land use
designation of other properties, unless the change of land use designation for other properties is
in the long-term best interests of the county as a whole;
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
The Planning Commission finds that the proposal will not create pressure to change the
land use designation of other properties. The proposal clarifies definitions, updates
references, and expressly allows previously unnamed uses as a Conditional Use Permit,
in limited zoning classifications, under the Allowable and Prohibited Uses Table. As
currently drafted, commercial shooting facilities are an unnamed use under the Jefferson
County Code, which may result in an allowable or conditional use in all zoning
classifications. The proposal limits potential future pressure to change the land use
designation of other properties.
VI. The proposed site-specific amendment does not materially affect the land use and population
growth projections that are the bases of the Comprehensive Pian;
The Planning Commission finds that the proposal does not materially affect the land use
and population projects that are the bases of the Comprehensive Plan. The proposal
clarifies definitions, updates references, and expressly allows previously unnamed uses
as a Conditional Use Permit, in limited zoning classifications, under the Allowable and
Prohibited Uses Table. As currently drafted, commercial shooting facilities are an
unnamed use under the Jefferson County Code, which may result in an allowable or
conditional use in all zoning classifications.
VII. If within an unincorporated urban growth area ("UGA"), the proposed site-specific amendment
does not materially affect the adequacy or availability of urban facilities and services to the
immediate area and the overall UGA;
The Planning Commission finds that this criteria is not applicable to the proposal.
VIII. The proposed amendment is consistent with the Growth Management Act
(Chapter 36.70A RCW), the County -Wide Planning Policy for Jefferson County, any other
applicable inter -jurisdictional policies or agreements, and any other local, state or federal laws.
The Planning Commission finds that the proposal, while not a site-specific amendment is
consistent with the Jefferson County Comprehensive Pian, GMA, the Jefferson County
county -wide Planning Policies, and other applicable regulations, rules, or statutes. The
proposal clarifies definitions, updates references, and expressly allows previously
unnamed uses as a Conditional Use Permit, in limited zoning classifications, under the
Allowable and Prohibited Uses Table. As currently drafted, commercial shooting facilities
are an unnamed use under the Jefferson County Code, which may result in an allowable or
conditional use in all zoning classifications. The proposal requires all site specific
proposals to be processed as Type III Conditional Use Permit, which requires the site
specific proposal to be consistent with the Comprehensive Plan, in its entirety.
[end of required findings]
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
Recommendations
Based upon formal deliberation concerning these proposed amendments reviewed under MLA18-00098,
the Planning Commission recommendations for consideration by the Board of County Commissioners
include the following:
1. The proposed changes to 18.30.0 definitions are recommended as approved.
2. The proposed changes to 18.60.E definitions are recommended as approved.
3. The proposed changes to 18.90.1 definitions are recommended as approved.
4. The proposed changes to 18.140.N definitions are recommended as approved.
5. The proposed changes to 18.150.0 definitions are recommended as approved.
6. The proposed changes to 18.160.P definitions are recommended as approved.
7. The proposed changes to 18.190.S definitions are recommended as approved.
8. The proposed changes to 18.20.350(8) are recommended as approved, as modified as follows:
a. 18.20.350(8)(d) should be modified to read: The shooting ranges shall be surrounded by a
minimum sixteen -foot high above grade noise barrier in the form of an earth berm, or wall.;
and,
b. 18.20.350(8)(h) should be modified to read: All shooting ranges must be completely fenced
to a minimum height of eight feet.
9. The proposed changes to Table 3-1 Allowable and Prohibited Uses for Outdoor Commercial
Shooting Facilities are recommended as approved.
10. The proposed changes to Table 3-1 Allowable and Prohibited Uses for Indoor Commercial
Shooting Facilities are recommended as approved, except as follows:
a. Rural Residential — 1 DU/5 Acres (RR 1:5), Rural Residential — 1 DUM 0 Acres (RR 1:10),
Rural Residential — 1 DU/20 Acres (RR 1:20) should be listed as "No" in the column for Other
Zones Where Only Indoor Shooting Facility Allowed; and,
b. Resource-based Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light
Industrial/Manufacturing (LI/M), Heavy Industrial (HI) should listed as "C" in the column for
Other Zones Where Only Indoor Commercial Shooting Facility Allowed.
11. Additional requirements should be added to Title 18 JCC as follows:
a. 18.010 A definitions should be amended to add a definition of armed forces as follows:
"'Armed forces' means the armed forces of the United States or of the National Guard or
organized reserves."
b. 18.160 P definitions should be amended to add a definition for paramilitary organization
as follows: "'Paramilitary organization' means a semi -militarized force whose
organizational structure, tactics, training, subculture, and function are similar to those of
the armed forces, but which is not included as part of a the armed forces,
c. A new section "18.20.430 Commercial and Non -Commercial Shooting Facilities" should
be added as follows:
18.20.430 Commercial and Non -Commercial Shooting Facilities
(1) Organizational training for armed forces, law enforcement or paramilitary
organizations is prohibited at any commercial shooting facility or any non-commercial
shooting facility.
(2) All outdoor shooting at a commercial shooting facility must occur only between the
hours of 8 a.m. and 5 p.m.
(3) It is unlawful to land any aircraft at a commercial shooting facility or to discharge
firearms from an aircraft or drone at any commercial shooting facility.
(4) Commercial shooting facilities in Jefferson County must provide a minimum 500 -yard
buffer around any lake greater than 20 acres in size.
A revised proposed ordinance is attached as Appendix 1.
The Planning Commission wishes to thank the Board for the opportunity to work in our communities and
bring forward these recommendations. We look forward to working with the Board on the implementation
projects that follow from the Comprehensive Plan's goals and policies.
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
Transmitted File Location
The transmitted files that accompany these finding and recommendations are located in the Community
Development Laserfiche repository, accessible with the following web link:
,tpaftest.co.. �efferson.tva.-uslwebl iRk€�xternal/o/folt 18980721Row Lash
Sincerely,
Michael Nilssen
Planning Commission Chair
PC Recommendations
Ordinance Modifying Title 18 JCC re Commercial Shooting Facilities
To Board of County Commissioners
APPENDIX 1
11
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Harmonizing Title 18 JCC }
with the Commercial Shooting Facilities } ORDINANCE NO. 12-1102-18
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 in order to harmonize Title 18
JCC with 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 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 that improves Title 18 JCC and would be
consistent with the new Article III, Chapter 8.50 JCC; and,
WHEREAS, following the Planning Commission's consideration of the draft ordinance
proposed by staff that 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
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
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.
b.. Approve the use of indoor commercial shooting facilities that improves Title 18 JCC and
would comply with the new commercial shooting facility ordinance, the following zones
with as a conditional use: Convenience Crossroad (CC). General Crossroad (GC). H
Industrial (HI), Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI , Light
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Industrial/Manufacturing (LI/M)). Irondale and Port Hadlock Urban Growth Area (UGA
NeighborhoodNisitor Crossroads (NC), Parks, Preserves and Recreation (PRR), but, not
allowed in the following zones: 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).
all ZE)OL-S, e3llklSept "agFieultuFal resour-ee lands (agfieultur-al lands)," "industr4al use, heavy
er reset-ee-based" " ' ."
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gib. Add the following definition to JCC 18.10.090: "`Indoor facility' means a commercial
shooting facility within a fully enclosed structure."
Vic. 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
incorporates the definition in the new commercial shooting facility ordinance shall be
added to Title 18. Specifically:
Add the following definition to JCC 18.10.030: "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: "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.92§ 1(a)(2).
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."
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iv. Add the following definition to JCC 18.10.140: "NRA Range Source Book"
means the most current version of The NRA Range Source Book published by the
National Rifle Association.
V. Add the following definition to JCC 18.10.150: "`Outdoor commercial shooting
facility' means a commercial shooting facility that is not an indoor facility."
vi. Delete the definition of "outdoor shooting range" in JCC 18.10.150.
L Add the following definition to JCC 18.10.160: "`Projectile' means an object fired
from a firearm."
ii. The definition of"shooting range" in JCC 18.10.190 shall be changed to "`Shooting
range' consists of a firing line or firing points, and an impact area. A commercial
shooting facility may include multiple shooting ranges."
e d. 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 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) 18.30.350(8)(1) and JCC
18.20.350(8)(h) to "shooting ranges."
V. Change "shooting range" in JCC 18.20.350(8)(fl to "non-commercial shooting
facility."
#:c. Modify Table 3-1 in Title 18 that improves it and would 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:
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Change "outdoor shooting ranges" used in Table 3-1 to "non-commercial shooting
facilities."
i ----Add "indoor commercial shooting facilities" to Table 3-1 in the following zones as
a conditional use: Convenience Crossroad (CC) General Crossroad (GC), Heavy
Industrial (HI) Industrial Light Industrial/Commercial (LI/C) Light Industrial
(LI) Light Industrial/Manufacturing (Li/M)) Irondale and Port Hadlock Urban
Growth Area (UGA), Neighborhood/Visitor Crossroads (NC), Parks, Preserves and
Recreation (PRR) but not allowed in the following_ zones: Rural Residential — 1
DU/5 Acres (RR 1:5) Rural Residential — I DU/10 Acres (RR 1:10), Rural
Residential — 1 DU/20 Acres (RR
r-eseafee based" OF "light ifidtlStfial."
ii. Add outdoor commercial shooting ranges to Table 3-1 as a conditional use in RF,
CF and IF zones only.
f Add the following provisions as recommended by the Jefferson County Planning
Commission on November 19, 2018:
i. The proposed changes to 18.20.350(8) are recommended as approved, as modified
as follows:
O 18.20.350(8)(4) should be modified to read: The shooting ranges shall be
surrounded by a minimum sixteen -foot high above grade noise barrier in the
form of an earth berm, or wall.; and,
(b) 18.20.350(8)(h) should be modified to read: All shooting ranges must be
completely fenced to a minimum height of eight feet.
ii. 18.010 A definitions should be amended to add a definition of armed forces as
follows: "'Armed forces' means the armed forces of the United States or of the
National Guard or organized reserves."
iii. 18.160 P definitions should be amended to add a definition for paramilitary
organization as follows: "'Paramilitary organization' means a semi -militarized
force whose organizational structure, tactics, training, subculture, and function
are similar to those of the armed forces, but which is not included as part of a the
armed forces.
iv. A new section "18.20.4-230 Commercial and Non -Commercial Shooting
Facilities" should be added as follows:
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18.20.43-20 Commercial and Non -Commercial Shooting Facilities
(1) Organizational training for armed forces law enforcement or paramilitary
organizations is prohibited any commercial shooting facility or any non-
commercial shooting facility.
(2) All outdoor shooting �at a commercial shootingfacility acility must occur only
between the hours of 8 a.m. and 5 p.m.
(3) It is unlawful to land any aircraft at a commercial shooting facility or to
discharge firearms from an aircraft or drone at any commercial shooting facility.
(4) Commercial shooting facilities in Jefferson County must provide a 500 -yard
buffer around any lake greater than 20 acres in size.
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 have been
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)
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ADOPTED this day of
SEAL:
ATTEST:
Carolyn Gallaway,
Deputy Clerk of the Board
2018, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
Kate Dean, Member
APPROVED AS TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
PROPOSED ADDITIONS OR DELETIONS TO DEFINITIONS:
18.010 A definitions.
"`Armed forces' means the armed forces of the United States or of the National Guard or
organized reserves."
18.10.030 C definitions.
(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 shootingfacility. acility. The term commercial shootingfacility acility 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.
"Firearm" means a weapon or device from which a projectile or proiectiles 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. 021(a)(2).
8of12
18.10.090 I definitions.
"Indoor facility" means a commercial shootingfacility acility 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" means the most current version of The NRA Range Source Book
published by the National Rifle Association.
18.10.150 O definitions.
Outdoor C`1..,oting Range. icon cccl,..eting mage—."J
"Outdoor commercial shootingfacility" acility" means a commercial shooting facility that is not an
indoor facility.
18.10.160 P definitions.
"'Paramilitary organization' means a semi -militarized force whose organizational structure,
tactics training subculture and function are similar to those of the armed forces, but which is
not included as part of a the armed forces.
"Projectile" means an object fired from a firearm.
18.10.190 S definitions.
"Shooting range" consists of a firing, line or firing points, and an impact area. A commercial
shooting facility may include multiple shooting ranges.
PROPOSED CHANGES TO JCC 18.20.350(8):
(8) Non-commercial shooting facilities. Outdoor- shooting ""Non-
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 ammufl-i—I-e-.1rojectiles beyond the boundaries of the parcel where they occur;
(b) The National Rifl "sseei +'""'" Range ManualSections I and II of the NRA Source Book
shall be consulted and used in the development __a oyer tie of.. hies; A14ieles ' 2and 3 of
the safety feromfoefidations for- eutdoershootingo shall be used as minimum guidelines in
the design., and eonstruction and operation of shooting ranges;
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(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 sheeting ar-easshooting ranges shall be surrounded by an ei&# ixteen-foot-high above
grade noise barrier in the form of an earth berm or wall, be leeated in mal eight feet
de ;
(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 sheeting ereasshootin ranges anges associated with a sheeting r-angenon-
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 shootingar-easshooting ranges must be completely fenced to a minimum height of eight
feet; 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.
18.20.420 Commercial and Non -Commercial Shooting Facilities
(1) Organizational training for armed forces law enforcement or paramilitary organizations is
prohibited any commercial shootingfacility acility or any non-commercial shooting facility.
(2) All outdoor shooting at a commercial shootingfacility acility must occur only between the hours of
8 a.m. and 5 p.m.
(3) It is unlawful to land any aircraft at a commercial shootingfacility acility or to discharge firearms
from an aircraft or drone at any commercial shootingfacility.
acility.
(4) Commercial shooting_ facilities in Jefferson County must provide a 500 -yard buffer around
any lake greater than 20 acres in size.
10 of 12
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses.
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Resource Lands
Other Zones Types
Forest —
Other Zones Where Only
Other Zones Where No
Agricultural
Commercial,
Indoor Commercial
Shooting Facility Allowed
— Prime and
Rural
Shooting Facility Allowed
Local
and
Inholdin
Specific
AG
CF/RF/IF
Convenience Crossroad
Rural Residential —1
Land Use
(CC), General Crossroad
DU/5 Acres (RR 1:5),
(GC), Heavy Industrial
Rural Residential —1
(HI), Industrial, Light
DU/10 Acres (RR 1:10),
Industrial/Commercial
Rural Residential —1
(LI/C), Light Industrial
DU/20 Acres (RR
(LI), Light
1:20
Industrial/Manufacturing
Industrial, glit
(LI/M)), Irondale and
Port Hadlock Urban
Growth Area (UGA),
Neighborhood/Visitor
, Light industr-i
(M), Lig#t
Crossroads (NC), Parks,
,
044)
Preserves and Recreation
PRRlRur-al Residential
. ,
Rural Residential 1
DU40 A er-es (RR 1110),
Rural Residential 1
DU/20 Aer-es (RR I ,
bor-hoodAlisito
/�1CC+,
CNeigh
Ytl ,
General Crossroad f
and 7
and PoFt 14adloek Urban
Growth Area 1
Indoor
No
C
C
No
commercial
shooting
facilit
Outdoor
No
C
No
No
commercial
shooting
facility
11 of 12
9utdeer
sheeting
fanges
NO
E
No
No
Non-
No
C
No
No
commercial
shooting
facility
12 of 12