HomeMy WebLinkAbout CSFHO Hearing @ 6 p.m. Attch 1 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Austin Watkins, Planning Manager
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: December 10,2018
RE: December 10, 2018 Hearing on 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 conduct a duly
noticed hearing on December 10, 2018 on the draft ordinance harmonizing Title 18 "Unified
Development Code" of the Jefferson County Code with the Commercial Shooting Facilities
Ordinance No. 12-1102-18, which is attached as ATTACHMENT 1. The Planning Commission
findings and recommendations are attached as ATTACHMENT 2.
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."
1
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.
On November 26, 2018, the BoCC set a written public comment period and set a hearing for
December 10, 2018 at 6:00 p.m. at the Fort Worden Commons.
On December 3, 2018 staff presented a staff report commenting on the proposed ordinance, and
included recommended changes to the proposed ordinance. The staff report is attached as
ATTACHMENT 3. Also on December 3, 2018, the BoCC received a briefing from staff on the
proposed ordinance and staff's comments contained in the staff report.
Staff has prepared a PowerPoint presentation for the December 10, 2018 hearing that is attached
as ATTACHMENT 4.
FISCAL IMPACT: Holding a public hearing at Fort Worden Commons on December 10,
2018, will cost the County $2,125.50, plus staff overtime 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 could require a small fourth quarter
supplemental budget appropriation.
RECOMMENDATION: That the BoCC hold the public hearing on December 10, 2018 to take
oral and written testimony on the draft ordinance attached as ATTACHMENT 1.
076 �g
c. c
' • 1. - • it•y y • .mmistrator Date
2
ATTACHMENT 1
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Harmonizing Title 18 JCC with the }
Commercial 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 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. 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), Heavy Industrial (HI),
Industrial, Light Industrial/Commercial (LI/C), Light Industrial (LI), Light Industrial/Manufacturing
1 of 10
(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—1 DU/10 Acres(RR 1:10), Rural Residential
—1 DU/20 Acres (RR 1:20).
b. Add the following definition to JCC 18.10.090: "'Indoor facility' means a commercial shooting
facility within a fully enclosed structure."
c. 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. §921(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
2 of 10
owner or the owner's guests without payment of any compensation to the owner of the
privately owned property or to any other person."
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.
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."
d. Modify JCC 18.20.350(81 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:
d.1 Change "outdoor shooting range" in JCC 18.20.350(8), to "non-commercial outdoor
shooting ranges."
d.2 Change "ammunition" in JCC 18.20.350(8)(a)to "projectile."
d.3 Change "NRA Range Manual" in JCC 18.20.350(8)(b)to "NRA Source Book."
d.4 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."
d.5 Change "shooting range" in JCC 18.20.350(8)(f)to "non-commercial shooting facility."
e. 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:
3 of 10
e.1 Change "outdoor shooting ranges" used in Table 3-1 to "non-commercial shooting
facilities."
e.2 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 — 1 DU/10 Acres (RR 1:10), Rural Residential — 1 DU/20 Acres (RR 1:20).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:
f.1 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."
f.2 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.
f.3 A new section "18.20.420 Commercial and Non-Commercial Shooting Facilities" should
be added as follows:
18.20.420 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 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 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.
4 of 10
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)
5 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
6 of 10
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 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.
"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.
"Indoor facility" means a commercial shooting facility within a fully enclosed structure.
7 of 10
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.
Outdoor Shooting Range. (See "Shooting range.")
"Outdoor commercial shooting facility" 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) 9 . _ .. _ ' . : Non-commercial shooting facilities. .9 . ts: .. : _ 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 atninunitienprojectiles 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
• • - . • •• .. .. : . : . . 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;
(d) The she shooting 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;
8 of 10
(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-areasshooting ranges associated with a sheeting-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.
18.20.420 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 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 500-yard buffer around
any lake greater than 20 acres in size.
9 of 10
PROPOSED CHANGES TO THE USE TABLE:
Table 3-1. Allowable and Prohibited Uses.
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 Inholding
Specific Land Use AG CF/RF/IF Convenience Crossroad Rural Residential—1 DU/5
(CC),General Crossroad Acres(RR 1:5),Rural
(GC),Heavy Industrial Residential—1 DU/10 Acres
(HI),Industrial,Light (RR 1:10),Rural Residential—
Industrial/Commercial 1 DU/20 Acres(RR 1:20)
(LI/C), Light Industrial
(LI),Light
Industrial/Manufacturing
(LI/M)),Irondale and
Port Hadlock Urban
Growth Area(UGA),
NeighborhoodNisitor
Crossroads(NC),Parks,
Preserves and Recreation
(PRR)
Indoor commercial No C C No
shooting facility
Outdoor No C No No
commercial
shooting facility
Outdoec-shooting No C No No
ranges
Non-commercial No C No No
shooting facility
10 of 10