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HomeMy WebLinkAbout101419_ca01JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator DATE: October 14, 2019 RE: Hearing Notice re: Expanding the South Coyle Peninsula No Shooting Area; Hearing Scheduled for Monday November 4, 2019 at 10:00 a.m. in the County Commissioners' Chambers, Port Townsend STATEMENT OF ISSUE: Schedule a Public Hearing to accept testimony for or against an ordinance to expand the existing South Coyle Peninsula No Shooting Area. The proposed expansion was initiated by citizen petition. ANALYSIS: On August 30, 2019, a petition was received pursuant to JCC 8.50.050(1)(a) from residents of South Coyle Peninsula, seeking to expand the existing South Coyle Peninsula No Shooting Area to include an area of tracts immediately north of Go-Onna Drive and east of Coyle Road. The County Auditor, upon reviewing the petition, approved a Certificate of Sufficiency as having at least 20 valid signatures from eligible electors within the petition area. Pursuant to state law (RCW 9.41.300) and county code (Chapter 8.50 JCC) the county can restrict the discharge of firearms where there is a reasonable likelihood that humans, domestic animals, or property may be jeopardized. The public hearing is to take public testimony from all interested persons for or against the proposed ordinance for expanding the existing South Coyle Peninsula No Shooting Area. Written public comments will also be accepted any time up through the close of the public hearing, addressed to the BoCC at P.O. Box 1220, Port Townsend, WA 98368, or by e-mail at jeffbocc(c�r�,co.jefferson.wa.us. A copy of a proposed ordinance, including a map and legal description of the proposed expansion of the South Coyle Peninsula No Shooting Area will be available to view online at www.co.jefferson.wa.us. To promote active participation of residents and tribal interests, the hearing notice will be published twice: on October 16 and October 30, 2019. FISCAL IMPACT: None, other than the cost of publishing a hearing notice. RECOMMENDATION: Pass a motion to approve the attached Hearing Notice. , M: Philip • • . m _ 1040�rl'7 Date Publish: Two (2) times, October 16 and October 30, 2019 Bill: Jefferson County Commissioners P.O. Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS ON AN ORDINANCE EXPANDING THE SOUTH COYLE PENINSULA NO SHOOTING AREA NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a public hearing to consider an ordinance to expand an existing No Shooting Area in the vicinity of South Coyle Peninsula in Jefferson County, on Monday, November 4, 2019 at 10:00 a.m. in the County Commissioners' Chambers, 1820 Jefferson St., Port Townsend, WA. Written public comments will also be accepted any time up through the close of the public hearing, addressed to the BoCC at P.O. Box 1220, Port Townsend, WA 98368 or by email at ieffbocckco jefferson.wa.us. The public hearing is to take comments from all interested persons for or against an ordinance enlarging the existing South Coyle Peninsula No Shooting Area, which the County Commissioners are considering for possible adoption. The No Shooting Area expansion was originally submitted as a petition, found to be sufficient by the County Auditor, for an area of smaller lots located immediately north of Go-Onna Drive and east of Coyle Road, and adjacent to the existing South Coyle Peninsula No Shooting Area. . Availability of Information: the proposed ordinance with a map and legal description of the proposed expansion to the South Coyle Peninsula No Shooting Area is available to view online at www.co.iefferson.wa.us. Approved this 14th day of October, 2019. Jefferson County Commissioners Kate Dean, Chair STATE OF WASHINGTON County of Jefferson In the Matter of Expanding the South } Coyle Peninsula No Shooting Area } ORDINANCE NO. WHEREAS, the Jefferson County Board of County Commissioners makes the following Findings of Fact with respect to this particular No Shooting Area petition and review process: 1. On April 16, 2007, Ordinance No. 02-0416-07 was adopted by Jefferson County, codified under the Health and Safety provisions of Jefferson County Code Chapter 8.50, which specifies the process to create or alter no shooting areas in accordance with RCW 9.41.300(2)(a) "where there is a reasonable likelihood that humans, domestic animals, or property maybe jeopardized;" and 2. Jefferson County Code Chapter 8.50 specifies procedures for establishing, altering or dissolving no shooting areas in specifically ,described unincorporated areas of Jefferson County, including initiation by petition filed by at least 20 elector - residents of each voting precinct in the area under consideration, or by a majority vote of the Board of County Commissioners; and 3. On December 16, 2002 the Jefferson County Board of Commissioners adopted Ordinance No. 20-1216-02 establishingthe South Coyle Peninsula No Shooting Area; and on December 8, 2014 the Jefferson County Board of Commissioners adopted Ordinance No. 12-1208-14 expanding the South Coyle Peninsula No Shooting Area; codified in the Jefferson County Code as 8.50.160; and 4. On August 30, 2019, a petition was received pursuant to JCC 8.50.050(1)(a) from residents of South Coyle Peninsula area located in voting Precinct #200, seeking to establish a no shooting area immediately north and adjacent to the South Coyle Peninsula No Shooting Area; and 5. The County Auditor, upon reviewing the petition, determined there were sufficient elector -residents living within the petition area for the purpose of initiating considering establishing or altering a no shooting area; and 6. On October 11, 2019, the County sent letters to all Point No Point and Point Elliott Treaty tribes pursuant to JCC 8.50.050, inviting the tribes to identify their concerns and inviting their participation regarding the potential expansion of the South Coyle Peninsula No Shooting Area; and 7. On October 14, 2019, the Board approved a legal notice, published on October 16 and October 30, announcing a public hearing to be conducted on November 4, 2019; and 8. On November 4, 2019, the Board held the public hearing on the proposed expansion of the South Coyle Peninsula No Shooting Area boundary. Oral and written testimony was received by the Board; and 9. In accordance with RCW 9.41.300(2)(a), the Board finds the location of the expansion to the South Coyle Peninsula No Shooting Area is a region of unincorporated Jefferson County where there is a reasonable likelihood that the health and safety of humans, domestic animals, or property may be jeopardized by the discharge of firearms; and 10. Upon conclusion of the public hearing the Board reviewed the record, deliberated and voted to alter and expand the South Coyle Peninsula no shooting area boundary as proposed herein; and 11. The alteration and expansion of the South Coyle Peninsula no shooting area has been completed in a manner consistent with Ordinance #02-0416-07 and Jefferson County Code Chapter 8.50; NOW, THEREFORE, BE IT ORDAINED as follows: Section One: Jefferson County Code Section 8.50.160 South Coyle Peninsula, in Chapter 8.50 No Shooting Areas is hereby amended as follows: 8.50.160 South Coyle Peninsula. The area described below is hereby established as a "No Shooting" zone as provided in Article I of this chapter. The no shooting area is encompassed by the following description: That portion of Sections 2, 3, 4 -and 5 of Township 25 North, Range 1 West, Willamette Meridian, and Sections 27, 28, 29, 32, 33, 34 and 35 Township 26 North, Range 1 West, Willamette Meridian, described as follows: Beginning at the Southeast corner of Tax 1 as described under Parcel A in Auditor File Number 488422, Section 28 Township 26 North, Range 1 West Willamette Meridian; Thence continuing along the extension of the South line of said Tax 1 to the centerline of said Payne Road and the TRUE POINT OF BEGINNING; Thence Westerly along the extension of the South line and along the South line of said Tax I to the Northeasterly corner of Tax 2 as described under Auditor's File Number 422414; Thence Southerly and Westerly along the Easterly and Southerly boundary of the parcel identified under said Auditor's File Number 422414; Thence continuing Westerly along the extension of the Southerly line of said parcel to the 0.0 low tide mark in Dabob Bay; Thence Southerly along the 0.0 low tide mark of Dabob Bay, and Northerly and Easterly along the 0.0 low tide mark of Hood Canal to the point of intersection of the centerline of East Go-onna Beach Drive extended Easterly from the most 2 Easterly point of said centerline located in the Southwest'/4 of Section 27, Township 26 North, Range 1 West, Willamette Meridian, and said 0.0 low tide mark of Hood Canal; Thence Westerly along said extension to the East line of Go-onna Beach Tracts as per plat recorded in Volume 5 of Plats, pages 24 and 25, records of Jefferson County, Washington. Thence Northerly along the East line and Westerly along the North line of Go-onna Beach Tracts to the Northeast corner of Go-onna Beach Tracts Division 2 as per plat recorded in Volume 5 of Plats, pages 33 and 34, Records of Jefferson County, Washington. Thence Westerly along the North line of Go-onna Beach Tracts Division 2 to the centerline of Coyle Road; Thence Northerly and Easterly along the centerline of Coyle Road to the intersection of said road with the centerline of Payne Road; Thence Westerly and Southerly along the centerline of Payne Road to the TRUE POINT OF BEGINNING; EXCEPTING THEREFROM any portion of the following described parcels that lie within the above described bounds and that do not lie within the Northerly and Easterly 200 foot setback from the centerline of Zelatched Point Road, within the Northerly and Westerly 200 foot setback from the centerline Coyle Road or within the Southerly and Easterly 200 foot setback from the centerline Payne Road: The South one half of the Southeast quarter of Section 28, Township 26 North, Range 1 West, Willamette Meridian, lying Southerly and Easterly of Payne Road; The Northeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Westerly of Coyle Road; The South one half of the Northwest of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road; and The Northwest quarter of the Southeast quarter of Section 33, Township 26 North, Range 1 West, Willamette Meridian, lying Northerly and Easterly of Zelatched Road and Northerly and Westerly of Coyle Road; Situate in Jefferson County, Washington. Section Two: The following map is hereby made part of the Jefferson County Code at Chapter 8.50. See: Attachment A — South Coyle Peninsula No Shooting Area Map. Section Three: Should there be any discrepancy or disagreement between the metes and bounds description found in Section One above and the boundary of the South Coyle Peninsula No Shooting Area as reflected on the map made Attachment A to this Ordinance, then the text of the metes and bounds description shall be deemed controlling. Section Four: This Ordinance shall take effect immediately. APPROVED this day of JEFFERSON COUNTY BOARD of COMMISSIONERS Kate Dean, Chair SEAL: David Sullivan, Member Greg Brotherton, Member ATTEST: Approved as to form only: Carolyn Gallaway Philip Hunsucker, Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 4 V)