HomeMy WebLinkAbout29 FreemanWritten comments to the Planning Commission submitted by:
Scott Freeman
2110 East Quilcene Road
Quilcene, WA 98376
JEFFERSON COUNTY DOD
I. Oral comments delivered at the public hearing on November 5th
My name is Scott Freeman. I'm the President of the Tarboo Ridge Coalition and live in
Quilcene.
I want to start with compliments:
1. To the BoCC and County staff, for proposing to reduce the total area devoted to development
of shooting facilities from 76% of all unincorporated areas to 150 acres, and for proposing
that commercial shooting facilities only be permitted as small-scale, recreational, and tourist
uses. Now the urgent need is to adopt bright -line rules that define what small-scale,
recreational, and tourist mean, so we can avoid litigating those definitions in the future.
To you Planning Commissioners, for your volunteer service and for sticking with this issue,
especially after your recommendations were ignored last year. It's ironic that many of those
recommendations were focused on protecting the environment, and that the Hearings Board
declared the ordinances invalid because they did not undergo sufficient environmental
review. You all got it right the first time, and we hope that you get it right this second time.
I'm submitting detailed written comments that summarize TRC's positions on bright -line
regulations, but here I want to focus on the bigger picture: what's really at stake in this second
opportunity to get the legislation right.
The yellow jersey protests in France, the Brexit vote in the United Kingdom, and the 2016
Presidential election in the US were all about the same thing: people in rural areas expressing
their frustration and anger at decades of neglect and disrespect. In contrast, Jefferson County is a
shining example of how rural areas can thrive in today's economy. Young people are moving in,
not out. We have new businesses being created that support thriving farms, fish, forests, and
families. Something special is happening here. To see what I mean, just tour the Worthington
mansion in Quilcene, or visit the Chimacum Grange, or dance at Dare to be Square in Fort
Flagler this weekend.
In contrast to the positive things going on in our communities, Jefferson County is also
experiencing a crisis of confidence in government. TRC's volunteers have been in the
community a lot over the past four months, and we've heard hundreds of comments echoing
what one of you said in a public meeting last week: There is a "legacy of mistrust" in county
government. People do not understand why the Commissioners are passing such sloppy
legislation, and why existing regulations are not being enforced. The recommendations you make
on December 4`h can be a step toward restoring confidence.
Shooting facilities have a place in our county. TRC is not anti -gun or anti -military, and we honor
the second amendment. We are for small-scale shooting facilities where people who hunt or
participate in shooting sports can learn and practice safely and with minimum damage to the
surrounding environment and neighbors. Indoor facilities accomplish all of these goals.
To support a vision for Jefferson County that will keep our agricultural businesses growing and
keep attracting young families, please urge the Board of County Commissioners to adopt
reasonable and well justified bright -line rules on the design, operation, and siting of shooting
facilities, like those you passed last year, and like the additional ones I detail in these written
comments.
Thank you again for the good work you are doing for the county.
II. Additional written comments submitted November 5, 2019
TRC understands that the 2n1 amendment and the Washington State Constitution take precedence
in county legislation that regulates shooting facilities. But counties and other local jurisdictions
also have a legal right as well as a public duty to regulate gun ranges in a way that safeguards
local residents and the environment.
The most efficient way to do this is to adopt clear, "bright -line" regulations that define—in the
case of Jefferson County's proposed ordinances—what small-scale, tourist and recreational
mean.
• The three Ezell vs. City of Chicago decisions specify that local restrictions on the siting of
gun ranges are constitutional, but need to have a "close fit" to the goals of protecting health,
safety, general welfare, and the natural environment.
• The draft ordinances propose an effective bright line by mandating that a total of 150 acres of
Forest Resource Lands can be developed as commercial shooting facilities.
• Because bright lines are clear, developers, local communities, regulatory bodies, and
enforcement agencies know exactly what is permissible and what is not permissible. Bright
lines reduce conflict—including future litigation—and make society work better.
• The county should step up and make policy that specifies the types of activities that are
encouraged versus not allowed here. The Board of Commissioners should not rely solely on
the Hearing Examiner to make those judgements.
TRC endorses specific bright -line rules on the design, operation, and siting of outdoor shooting
facilities as summarized in the table below. Note that these rules should apply to private non-
commercial and public (e.g. DNR) gun ranges as well as commercial shooting facilities, as the
same safety and environmental protection concerns are relevant.
Bright line rule
Rationale
One conditional use per parcel
This is in the current code, and is important as gun ranges have major
environmental and public safety impacts. They need to be focused operations.
In addition, single -use helps define small-scale, as many uses on one parcel
increase scale.
No military, paramilitary, National
Conflicts with recreational and tourist designation. Larger units would conflict
Guard, Homeland Security or non-
with small scale.
local law enforcement use
Maximum of 5 firing points per
Defines small-scale.
z
parcel.
8am to 5pm use only
Reduces impacts on neighbors (noise and traffic). This also consistent with
recreational and tourist use as these Populations don't shoot at night.
The Hearing Examiner should
This is the only way to ensure that the small-scale, recreational and tourist
evaluate the design, SEPA review,
criteria and the goals of comprehensive plan are met.
and CUP application together.
No shooting from aircraft
Not tourist not recreational.
No drone or helicopter flights
Safety concerns (distraction); also not recreational or tourist in nature.
within theparcel
List disallowed weapons
Machine guns, mortars, rocket launchers etc. are not recreational or tourist. The
count 's intent should be to support hunting and small-scale shooting sorts.
Establish a noise standard at
This supports the small-scale criterion and protects neighboring businesses and
property boundaries of maximum
residences. A named decibel level works in concert with design criteria such as
40db
the 16' noise barrier that the Commission recommended in November 2018,
because noise impacts vary with vegetation and topography. 40db is the hum of
a refrigerator—it's noticeable but does not impede enjoyment or outdoor
activity.
500 -yard setback from shorelines
Prevent lead and copper pollution in waterways; protect integrity of public
(streams and lakes) and
recreation areas for enjoyment by non -shooters; protect wildlife; protect against
wetlands/wetland-buffers
threat of stray bullets.
Finally, it is important to note that TRC strongly endorses indoor gun ranges, as they contain
heavy metal pollution and noise and reduce the danger posed by stray bullets.