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HomeMy WebLinkAbout2019 BoCC Referral to Planning CommissionpF C0 s 4S' w SON c° September 23, 2019 Board of County Commissioners 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3 Michael Nilssen, Chair, Jefferson County Planning Commission Members, Jefferson County Planning Commission 621 Sheridan Street Port Townsend, WA 98368 RE: Referral of County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) And Ordinance No. 15-1214-18 (Title 18 — Land Use Code) To the Jefferson County Planning Commission Dear Chair Nilssen and Planning Commission Members, On September 16, 2019, the Western Washington Growth Management Hearings Board (Growth Board) issued its Final Decision and Order in Case No. 19-02-0003-c, which invalidated Jefferson County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-1214-18 (Title 18 — Land Use Code) under the Growth Management Act (Chapter 36.70A RCW) and remanded them to Jefferson County to achieve compliance as addressed in the Final Decision and Order with compliance due on March 2, 2020. Although the County plans to file a motion for reconsideration with the Growth Board and may appeal the decision in court, the County Commissioners are asking the Planning Commission to begin work immediately, in coordination with County staff, on legislation to revise the two ordinances, as outlined below. The County will be making changes to the ordinances to comply with the Growth Board's decision, and staff is already working on constructive ideas to bring to the Planning Commission for your consideration. Careful analysis of the Growth Board Final Decision and Order will need to continue to be performed by the Planning Commission and County staff, and a determination made as to potential amendments to the ordinances to comply with Growth Board Final Decision and Order, while also being consistent with state and federal law, so the Commissioners' original direction in the 2017 Moratorium Ordinance may be achieved with uniform operating requirements for both existing and new commercial shooting facilities within unincorporated Jefferson County. We anticipate having draft amendment language for the Planning Commission by October 16, prior to the Planning Commission setting a Public Hearing. However, to start the process, we are referring the two existing ordinances to you now. 2. Because the Growth Board decision invalidates the two ordinances, the Commissioners passed a 6 -month moratorium in order to preserve the status quo pending new legislation. The moratorium became effective immediately. 3. Because the Growth Board's order sets a March 2, 2020 deadline for the Board of County Commissioners to take final action to come into compliance, there is only a short time for the Planning Commission to make its recommendations to the County Commissioners, while providing enough time remaining for the Board of County Commissioners to adopt legislation before the March 2 deadline. A potential appeal by the County of the Growth Board decision Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us does not stay the effect of the Growth Board decision during the appeal, so the work on the ordinances needs to be done in time for the County to meet its March 2 deadline, regardless of whether or not an appeal is eventually filed. 4. Accordingly, the Commissioners refer to the County Planning Commission both ordinances for a recommendation on how to prepare regulations that comply both with the Growth Board's decision and the GMA supremacy rule in the Washington Administrative Code (WAC), and to meet the Board of Commissioner's original intent to adopt uniform operating requirements for both existing and new commercial shooting facilities within unincorporated Jefferson County. 5. The Planning Commission's recommendation must be transmitted to the Board of County Commissioners by December 4, 2019. 6. The Planning Commission's recommendations must comply with state and federal law. We recognize the complexity of the work you have before you. WAC 365-196-725 states that comprehensive plans and development regulations adopted under the GMA are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution. 7. We expect staff to provide recommended changes, along with a staff report, to the Planning Commission before the October 16, 2019 regularly scheduled Planning Commission meeting. We also note that the Planning Commission's work on these two ordinances will be done in the limited time window before the Planning Commission once again takes up and then completes work on the Update to the Critical Areas Ordinance (CAO). The Critical Areas Regulatory Reform Task Force is scheduled to issue its recommendations by November 18, 2019, and County staff will prepare a revised Draft Update to the CAO for the Planning Commission to consider starting November 29, 2019. The Planning Commission's recommendations on the CAO Update will be due to the County Commissioners by January 17, to allow the County Commissioners time to adopt an Update to the Critical Areas Ordinance by February 28, 2020. The County faces tight deadlines for both the commercial shooting facility regulations and the Update to the Critical Areas Ordinance. We recognize the deadlines faced by the County also impact the Planning Commission. There is much work now on the Planning Commission's plate to be completed in the coming four months. We sincerely thank each Planning Commission member for your service on both of these projects. We look forward to receiving the Planning Commission's recommendations on the comm cial shooting facility regulations, Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) an Ordinance No. 15- 1214-18 (Title 18 — Land Use Code) on December 4, 2019. Sincerely, Kate'dean, Chair David ullivan, Member Greg Brotherton, ember ATTACHMENTS: - Ordinance No. 12-1102-18 and Ordinance No. 15-1214-18 Western Washington Growth Management Hearings Board Final Decision and Order; Case No. 19-2-0003c, September 16, 2019 2 PA-ii[51/ S Code COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance on Commercial Shooting Facilities } ORDINANCE NO. 12-1102-18 in Unincorporated Areas of Jefferson County } WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries, and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS, RCW 9.41.300(2)(a) provides an exception to RCW 9.41.290 under which a county may, by ordinance, restrict the discharge of firearms in any portion of its jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the Washin@;ton Constitution to bear arms in defense of self or others; and, WHEREAS, local governments have considerable latitude in exercising police powers and a regulation is reasonable if it promotes public safety, health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose being pursued;' and, WHEREAS, due to the amount of land in Jefferson County owned by the federal and state governments, areas of protected shorelines, and limited water and septic capacity in other areas of Jefferson County, there are limited areas where residents can live; and, WHEREAS, Jefferson County has experienced a substantial increase in population density in areas proximate to its established commercial shooting facilities and Jefferson County has an interest in ensuring the compatibility of commercial shooting facilities with their surroundings and in minimizing potential safety hazards created by the operation of commercial shooting facilities; and, WHEREAS, public complaints about lack of safety and land use compatibility issues arising from the operation of commercial shooting facilities in unincorporated Jefferson County have called on the scarce resources of Jefferson County's emergency management system and the Sheriffs Office, which has the effect of diminishing the availability of these resources for emergency services; and, City of Seattle v. Montana, 129 Wash.2d 583,591-92 (1996). 1 of 41 WHEREAS, Jefferson County has rural areas where commercial shooting facilities may be appropriate, but where emergency services are scarce and adopting a commercial shooting ordinance would promote public safety and preserve precious emergency services; and, WHEREAS, commercial shooting facilities benefit Jefferson County by providing its residents and law enforcement the opportunity to learn firearm safety, to practice shooting, and to participate in amateur recreational firearm sports in a safe, controlled setting; and, WHEREAS, the Jefferson County Board of Commissioners (BoCC) finds it is in the public interest to protect and preserve the continued viability of commercial shooting facilities in Jefferson County in the face of increasing population pressure and density of conflicting land uses; and, WHEREAS, the BoCC finds that uniform requirements for the establishment and operation of all commercial shooting facilities in unincorporated Jefferson County would provide assurance of the safe conduct of recreational and educational shooting activities in Jefferson County, provided the regulation: (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; and, WHEREAS, on December 18, 2017, the 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, Ordinance No. 05-1218-17 was amended by Ordinance No. 01-0220-18 to allow noise testing during the Moratorium; and, WHEREAS, the BoCC finds that resident and property owner input and careful analysis of the uniform requirements for commercial shooting facilities should be obtained before legislation imposing uniform requirements on commercial shooting facilities can be adopted by the BoCC; and, WHEREAS, as required by the work plan in Section 6 of the Moratorium and with the assistance of the Review Committee established by the Moratorium staff timely has provided to the BoCC a draft ordinance for consideration; and, WHEREAS, the BoCC has held a hearing and has received public comment on the draft ordinance proposed by staff that was prepared with the assistance of the Review Committee; and, WHEREAS, in response to the public comment and testimony, additional improvements to the draft ordinance have been made, 2 of 41 NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Modification of Chapter 8.50 JCC. a. Chapter 8.50 JCC shall be renamed from "No Shooing Areas" to "Shooting in the County." b. Article I, Chapter 8.50 JCC shall be renamed from "Establishment Procedures" to Establishment Procedures for No Shooting Areas." C. Article II, Chapter 8.50 JCC shall be renamed from "Boundary Descriptions" to "Boundary Descriptions for No Shooting Areas." d. JCC 8.50.020 shall be amended to add a new subsection (5) exception as follows: (5) The operation of an indoor commercial shooting facility which has obtained an operating permit or provisional operating pursuant to Article III of Chapter 8.50 JCC. e. JCC 8.50.020 shall be amended to add a new subsection (6) exception as follows: (6) The operation of a commercial shooting facility sited in accordance with Title 18 JCC that has an operating permit or a provisional operating permit issued pursuant to Article III, of Chapter 8.50 JCC. f. The exception in JCC 8.50.020(5) shall be amended to become JCC 8.50.020(7) and shall then state: (7) The continued operation of legally established private or public gun club facilities that are not commercial shooting facilities as defined in Article III of Chapter 8.50 JCC, and which were established and operating prior to the enactment of the no shooting area ordinance or the development of outdoor ranges constructed in compliance with JCC 18.20.350(8). g. The definition of "firearm" in JCC 8.50.40 shall be changed to: 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). h. Wherever the words "this chapter" appears in Article I or Article II of JCC 8.50 when not preceded by the words "Article I," these words shall be changed to "articles I and II of this 3 of 41 chapter." Without limitation, this change shall be made in JCC 8.50.010, JCC 8.50.030, JCC 8.50.060(1), JCC 8.50.070, and JCC 8.50.080. Consistent with the above, Chapters I and II of Chapter 8.50 JCC shall be amended as shown in Appendix A. j. Article III of Chapter 8.50 JCC shall be added as set forth in Appendix B Section 2. Conflicts with JCC. 18.20.350(8). If any provision of this article conflicts with JCC 18.20.350(8), the provisions of this article shall prevail. Section 3. Effect on the Moratorium. The moratorium is continued pending completion of the Planning Commission consideration of proposed changes to Title 18 JCC and BoCC consideration of changes to Article 2, Chapter 8.50 JCC (No Shooting Areas) and Chapter 8.70 JCC (Noise Control). Section 4. Duration of the Moratorium. Unless subsequently extended by the BoCC pursuant to state law, the moratorium adopted by Ordinance No. 05-1218-17 shall remain in effect not longer than one year from its adoption, consistent with the work plan detailed in Section 6 of Ordinance No. 05-1218-17. Section 5. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 6. 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 7. Establishment of a Fee. The department shall charge a fee base fee of $450 plus actual costs incurred (including consultant work) for processing an application for a commercial shooting facility. This fee shall be added to the Appendix Fee Schedule for the department. Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(13)(c) and WAC 197-11-800(19). Section 9. Effective Date. This ordinance is effective immediately upon adoption. SIGNATURES FOLLOW ON NEXT PAGE) 4 of 41 ADOPTED this 2nd day of November 2018, at 2:S? p.m. Carolyn OhIlaway, Deputy Clerk of the Board 5 of 41 JEFFERSON COUNTY BOARD ; van. F TY COMMISSIONERS David Saul air UthktaA'I,LM Kathleen Kler, Member Voted Against) Kate Dean, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney