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HomeMy WebLinkAboutM120919S - to include Hearing Comment re: Moratorium Ordinance on Commercial Shooting Facilities go ,8„,N,,,,o, MINUTES Jefferson County Board of Commissioners Special Meeting — Monday, December 9, 2019, 1:30 p.m. The Commons, Fort Worden 200 Battery Way, Port Townsend, WA CALL TO ORDER: Chair Kate Dean called the meeting to order in the presence of Commissioner David Sullivan and Commissioner Greg Brotherton. The following County staff were also present: County Administrator Philip Morley, Chief Civil Deputy Prosecuting Attorney Philip Hunsucker, Environmental Health Director Stuart Whitford and Department of Community Development Associate Planner Michelle Farfan. HEARING re: Draft Ordinance Establishing a Moratorium on Commercial Shooting Facilities: County Administrator Philip Morley reviewed the draft ordinance and stated the moratorium would apply to both existing and new commercial shooting facilities. The purpose of the moratorium is to allow the County to apply reasonable regulations that comply with a recent decision by the Western Washington Growth Management Hearings Board which will provide for and promote safety; do not prohibit or expressly regulate the discharge of firearms; protect the environment; ensure compatibility with neighboring land use; and promote the continued availability of commercial shooting facilities in unincorporated Jefferson County. Chair Dean opened the hearing for public testimony. George Yount and John Austin provided testimony. Hearing no further comments, Chair Dean closed the public hearing. Commissioner Sullivan moved to adopt ORDINANCE NO. 14-1209-19 re: Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County. Commissioner Brotherton seconded the motion. After a brief deliberation, Chair Dean called for a vote on the motion. The motion carried by a unanimous vote. NOTICE OF ADJOURNMENT: Chair Dean adjourned the meeting at 1:43 p.m. until the eXt#rFg r ar meeting or special meeting as properly noticed. ''' �` 2., JEFFERSON COUNTY : BOA'.) OF COMMISSIONERS SEAL: ' W r t. C. . .te �e. , C›,,/,%0, / /%/ ATTEST•4,-,,,_ u D - -�' % t ser ('3la �) Carolyn Gallaway, CMC : . I erton, Member Deputy Clerk of the Board Please publish two (2) times: November 27 and December 4, 2019. Bill: Jefferson County Commissioners' Office PO Box 1220 Port Townsend, WA 98368 Account # 15830 NOTICE OF PUBLIC HEARING Moratorium Ordinance on Commercial Shooting Facilities Notice is hereby given that pursuant to RCW 36.70.795, RCW 36.70A.390, a Public Hearing will be held on Monday, December 9, 2019 at 1:30 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend, Washington for the purpose of taking written and oral testimony regarding an Ordinance Establishing a Moratorium Ordinance on Commercial Shooting Facilities. The ordinance establishes in unincorporated Jefferson County a moratorium through March 23, 2020 on the submission, acceptance, processing, or approval of any Jefferson County permit applications for any proposed use, development, proposal or project for the siting, construction or modification of any commercial shooting facility. The moratorium applies to existing and new commercial shooting facilities. The moratorium is to allow the County to develop reasonable regulations that comply with a recent decision by the Western Washington Growth Management Hearings Board and that (a) provide for and promote safety; (b) do not prohibit or expressly regulate the discharge of firearms; (c) protect the environment; (d) ensure compatibility with neighboring land use; and, (e) promote the continued availability of commercial shooting facilities in unincorporated Jefferson County. After taking public testimony and deliberating, the County Commissioners will decide whether or not to adopt the moratorium ordinance, with or without changes. The moratorium ordinance that is the subject of this public hearing contains the following sections: Section 1. Moratorium. Section 2. Definitions. Section 3. Effect of Moratorium. Section 4. Compliance with State and Federal Law. Section 5. Duration. Section 6. Findings. Section 7. Severability. The public can view the complete text of the moratorium ordinance on-line at www.co.jefferson.wa.us or a copy can be obtained by calling 360-385-9100. The public may provide verbal and/or written testimony on the ordinance at the Public Hearing, and may also submit written testimony to the Jefferson County Commissioners, P.O. Box 1220, Port Townsend, WA 98368 or e-mail to jeffbocckco jefferson.wa.us, at any time up through the end of the Public Hearing. Approved this 25th day of November, 2019 JEFFERSON COUNTY BOARD OF COMMISSIONERS /S/Kate Dean, Chair STATE OF WASHINGTON JEFFERSON COUNTY An Ordinance Establishing a Moratorium } on Commercial Shooting Facilities in } ORDINANCE NO. 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)(x) 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 state 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, widely disseminated information exists about uncontrolled incidents at shooting ranges where people's safety has been threatened; and, WHEREAS, commercial shooting facilities are best developed using the best available source information on ensuring minimizing risks from the discharge of firearms and ensuring the greatest level of public safety both on and off these facilities; and, WHEREAS, the National Rifle Association (NRA) 2012 Range Source Book, which is provides the best available guidance to assist in safely planning, designing, constructing and maintaining shooting range facilities, makes clear that following these published best practices minimizes but does not eliminate risks associated with the use of firearms either on or off the range; and, the NRA further publishes that commercial shooting facilities should have an operating plan that is consistent with the 2012 Range Source Book that satisfies the goal of reasonable accommodations for the safety of both those utilizing the range and the general public; and, 1 of 5 WHEREAS, at commercial shooting facilities and their surrounding areas, there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized; and, WHEREAS, Jefferson County experienced a substantial increase in population density in areas proximate to its existing commercial shooting facilities and the 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 Sheriff's Office, which has the effect of diminishing the availability of these resources for emergency services; and, 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 provide for commercial shooting facilities in Jefferson County in the face of increasing population pressure and density of conflicting land uses; and, WHEREAS, on December 18, 2017, the BoCC adopted Ordinance 05-1218-17 establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County (the 2017 Moratorium); and, WHEREAS, the 2017 Moratorium directed Jefferson County staff and a review committee to prepare an ordinance or ordinances for existing and new commercial shooting facilities within unincorporated Jefferson County with uniform requirements 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; and, WHEREAS, the BoCC adopted Ordinance 12-1102-18 (the Title 8 Ordinance) on November 2, 2018 and adopted Ordinance No. 15-1214-18 (the Title 18 Ordinance) on December 14, 2018 which the BoCC determined met the requirements of the 2017 Moratorium; and, 2 of 5 WHEREAS, 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 the Title 8 Ordinance and the Title 18 Ordinance 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; and, WHEREAS, the BoCC finds that careful analysis of the Growth Board Final Decision and Order should be performed and a determination made as to how to prepare regulations to comply with Growth Board Final Decision and Order so the BoCC's original direction in the 2017 Moratorium may be achieved with uniform requirements for existing and new commercial shooting facilities within unincorporated Jefferson County; and, WHEREAS, this moratorium is authorized by RCW, 36.70.795, RCW 36.70A.390 and Article 11, § 11 of the Washington State Constitution, for up to 6 months; and, WHEREAS, notice of a public hearing was published on November 27 and December 4, 2019, and the BoCC conducted a public hearing on the proposed moratorium ordinance on December 9, 2019; and WHEREAS, the BoCC has reviewed the hearing record and deliberated on the proposed moratorium ordinance; NOW, THEREFORE, be it ordained by the BoCC as follows: Section 1. Moratorium. There shall be in unincorporated Jefferson County a moratorium with respect to: The submission, acceptance, processing or approval of any Jefferson County permit applications 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 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. Section 2. Definitions. As used in this Ordinance, the following definitions shall apply in the interpretation and enforcement of this Ordinance: 2.1 "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, or any combination of the above that for the use of the commercial shooting facility requires a contract, charges a fee or other compensation, or requires membership. In addition, where privately owned property is used primarily for lawful shooting practice for guests of the owner, and where the other uses of the property either 3 of 5 facilitate shooting practice or are incidental, intermittent or occasional, it is presumed that the privately -owned property used for lawful shooting practices is 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. 2.2 "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: (1) 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 (2) a "destructive device" as defined in 18 U.S.C. Section 921(a)(2). 2.3 "Shooting range" consists of a firing line or firing points, and an impact area. Section 3. Effect of Moratorium. This moratorium neither impacts any permit applications relating to acceptance, processing, or approval of any Jefferson County permit applications for any proposed use, development, proposal or project for the siting, construction or modification of any commercial shooting facility that have previously been deemed "substantially complete" by Jefferson County, nor alters, amends, repeals or revises any other applicable statute, regulation, or code provision applicable to such substantially complete applications. Section 4. Compliance with State and Federal Law. Consistent with RCW 9.41.300, the ordinance or ordinances being developed required by this Ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the state Constitution to bear arms in defense of self or others or the Second Amendment of the United States Constitution. Section 5. Duration. Unless subsequently extended by the BoCC pursuant to state law, this moratorium adopted by this Ordinance is effective immediately upon adoption and shall remain in effect through March 23, 2020. Section 6. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 7. 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. (SIGNATURES FOLLOW ON THE NEXT PAGE) 4 of 5 ADOPTED this day of December 2019, at a.m. SEAL: ATTEST: Carolyn Gallaway, Deputy Clerk of the Board 5 of 5 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Kate Dean, Chair David Sullivan, Member Greg Brotherton, Member APPROVED AS TO FORM: Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney jeffbocc H E A P N (7 Fr, M From: Virginia Nixon <nixonvirginia@gmail.com> Sent: Monday, November 25, 2019 7:35 PM To: jeffbocc Subject: Plan Commission recommendations CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I was pleased to see that the Plan Commission recommenced new shooting ranges be indoors and in commercial areas. This is an incredibly important issue you face ... in light of what is in the current wishes for the new Tarboo Range. Damage to that area and the county residents for a facility that could become a survivalist sanctuary in a serene wilderness area is incalculable. I urge you to concur with the plan Commission. Virginia Nixon 531 Woodridge Dr Port Ludlow Wa 98365 Sent from my iPhone OCC R FAPIN r From: Jesse Maupin <hydrostudent@gmail.com> Sent: Tuesday, November 26, 2019 12:06 PM To: jeffbocc Subject: Adopt Planning Commission's recommendation regarding new gun ranges CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I am writing to strongly encourage the BoCC to adopt the resolution passed on the November 20th Jefferson County Planning Commission's meeting to require any new firearm shooting ranges be built indoors, and only on commercial and industrial zones. The business owner attempting to build a new paramilitary training site near Tarboo Lake has consistently used bullying and intimidation tactics to achieve his goal, and county residents have expressed their concern regarding the impact of his proposed facility on inhabitants of the county. Thank you, Jesse Maupin effbocc From: Donald Mc Nees Jr <pt9baja@gmail.com> Sent: Tuesday, November 26, 2019 12:39 PM To: jeffbocc HF,ARIh1 pF� CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To the BOCC From Don Mc Nees JCSA I have been attending the Planning Commission meetings and in the Planning Commission Working Document they are proposing 3 new where as clauses that are detrimental to safe shooting in Jefferson County. Instead of shooting being encouraged in a controlled and regulated location such as JCSA provides or a new facilities like JCSA they are encouraging gun owners to go out and use public land and possibly without any training or supervision or safety protocols. It is legal to do this, and there are some guidelines provided by the state and federal agencies for shooting on public land , but there is no one there to check if they are adhered to. One of the main arguments to have shooting facilities like JCSA is to have shooting in an area that has controls, and not on public forest land. The main thrust of the PC's deliberations is to only allow indoor shooting ranges in Jefferson county and they base this on safety, and impact to neighbors. Encouraging unsupervised shooting on public lands is in direct conflict with those ideals. The real reason they want indoor only shooting ranges is to stop any new range being developed and in particular the only proposed new range in Jefferson county. The simple fact is that a new indoor range is not viable in Jefferson county for economic reasons. It does not pencil out. The cost to build, operate and maintain an indoor range with our population base does not work. Thanks, Don McNees VP JCSA NFARIPIr, From: Wendy DiPeso <wdipeso@gmail.com> Sent: Sunday, December 01, 2019 3:58 PM To: jeffbocc Subject: Fort Discovery Inc. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To Commissioners Greg Brotherton, Kate Dean and Dave Sullivan With an eye to retirement, my husband Jim and I bought a wooded lot in Port Ludlow in 2018. Thanks to having friends living in Port Ludlow, the many community events that we have attended, and new friends made, we already feel we are members of the community. We check in on our lot on a regular basis to visit and get to know neighbors and remove invasive plants like English ivy and Himalayan blackberry. Our dream is to build on the lot and make Port Ludlow our home when we retire. We now find ourselves having to rethink our choice and consider retiring elsewhere from Jefferson County out of concern for our safety and that of our children and grandchildren who would come to visit us. We understand there is a military training facility being built without permits. There is anecdotal evidence that significant enviromnental damage has already occurred to a popular fishing lake adjacent to the property. There is anecdotal evidence that AK -47 rifles are being fired on the property, outdoors and near a major highway, placing drivers and their passengers at risk. I quote from a letter sent to the Jefferson County Board of Commissioners' on October 8, 2019 from Tarboo Ridge Coalition. The subject was "Preparations to comply with GMHB Final Decision and Order." Second to the last paragraph says, "The fact that the corporation is continuing its practice of building without permits while the County fails to restrain the illegal construction or issue stop -work orders works an impossible hardship on the public's trust and confidence in the fairness of its government." Indeed, our faith in Jefferson County government has been shaken. On September 16, 2019, the GMHB found two commercial shooting facility ordinances in violation of state law and invalidated them. Yet the Board of County Commissioners, instead of enforcing the law and taking forthright steps to comply with the GMHB ruling, continues to meet in secret with Fort Discovery, Inc. This is alarming. One is tempted, especially in today's divisive environment, to speculate in the absence of facts that the Board is either being threatened by individuals associated with Fort Discovery, or the Board members have something personal to be gained. We hope that such speculations are groundless. Please, enlighten us with facts. Why would you in all good conscience condone the violation of existing law, put average citizens' lives at risk, and allow pollution from lead and other toxic waste that will take decades to clean up long after you are gone? In closing we ask that you: • Abide by the decision of the Growth Management Hearings Board; • Abandon the expense of appealing the GMHB decision to Superior Court; • Request, as necessary, more time to work with the community and the Planning Commission in facilitated community meetings to scope legal and enforceable regulations; Include county -wide citizen involvement in the development process; Develop a new ordinance(s) that conforms with Second Amendment rights; Define clearly what constitutes a commercial shooting facility; • Conform the ordinances to all applicable Washington state and federal laws and include requirements for a full SEPA review; Require an operating permit; • Place clear and concise "bright line" limits on the location, size, intensity, and operating hours of commercial shooting facilities; and Include enforcement provisions and adequate safety measures. In conclusion, we strongly urge you to put the public interest first in resolving this critical issue. Public safety and quality of life are at stake, for us and for the many neighbors in Jefferson County we hope to befriend after our retirement. Sincerely Yours, Wendy and Jim DiPeso From: Amanda Ciliberto <aciliberto@gmail.com> Sent: Friday, November 29, 2019 11:33 AM To: jeffbocc Subject: In support of indoor shooting range recommendation CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. I think the planning commissions recommendation that all new shooting range facilities be built indoors is excellent and comprehensive. I completely support it. Thank you for your hard work on this issue Sincerely, Amanda Christofferson. Port Townsend resident. Sent from my iPhone RFAM, 'effbocc� From: Kep Kepler <kepckepler@gmail.com> Sent: Saturday, November 30, 2019 9:03 AM To: jeffbocc Subject: shooting ranges CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. comments....?? Two federal court cases have ruled that a city/county cannot ban shooting ranges, and also that shooting ranges cannot be banned through prohibitive zoning. See: 2011, Ezell v Chicago, and 2017, Ezell v Chicago / Ezell II. Dean Charles Stanforth: "We seem to have reached the age where life stops giving us things and starts taking them away." General Frank Savage "If you don't do it, you'll wonder what fell on you" General George S. Patton Jr. "It is foolish and wrong to mourn the men who died. Rather, we should thank God that such men lived" Disabled American Veteran USN 73-77 COLD WAR USAF 81-83 eot++ r = c To: Jefferson County Commissioners0 2 201 From: Leslie Aickin Re: Shooting Ranges Date:Nov 28, 2019 Commissioners, I urge you to enact the Planning Commission recommendation to limit all future gun ranges to indoor facilities. I'm not concerned about grandfathering the long-standing existing range on Gun Club Road because the people who bought nearby land were aware that the firing range was within earshot and they chose to live there anyway. I am concerned about the erosion of the peace and quiet for which many of us moved here. Any population will generate noises, but some of those noises are unnecessary, inappropriate, and worthy of regulation by my County Commissioners. I believe that open-air gun ranges are firmly in that category and that only indoor ranges will meet your responsibility to protect the common good. I am not concerned about whether or not an indoor facility is affordable, either in construction or maintenance, for a business person who chooses a firing range as the focus for their income. They have a choice and can make their own determination as to whether or not such a facility meets their business needs. It is NOT the business of my County Commissioners to use land use rules to accommodate every business enterprise that seeks to locate here. Your discretion is appropriate and required. As an aside, if an indoor facility would prove too expensive to serve such a small population of gun range users, that certainly emphasizes the fact that an open-air range serves very, very, very few members of our community and destroys the quality of life for many, many, many citizens. There is a reason why you, yourselves, would likely not choose to live within earshot of an open- air firing range. Again, I urge you to follow the Planning Commission's recommendations in this matter. Respectfully, Leslie Aickin 320 Meadow Road Port Townsend, WA 98368 RFAPAr.„ p, jeffbocc OP? From: lugood99@gmail.com Sent: Tuesday, December 03, 2019 2:34 PM To: jeffbocc Subject: Do the right thing ... CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Commissioners, I am writing to express my support for the recent Planning Board recommendations that any new shooting ranges be built indoors and located in industrial and commercial zones. My husband and I moved to Port Townsend from Bozeman, MT, where we lived 4 blocks from an indoor shooting range. There was absolutely no noise generated from the building, no complaints from neighbors that take time and money to mediate, no environmental clean-up of lead and copper contamination. In addition, it was located at the County Fairgrounds with adequate parking and established traffic flow. Please do the right thing and keep Jefferson County safe and livable by adopting the Planning Commission's recommendation that all new shooting ranges be built indoors and located in industrial and commercial zones. Thank you for your time and service. Lu Goodrum 543 Q Street 344-2946 frit jeffbocc ; {+ , From: Donald Mazzola <dmazz1952@gmail.com> Sent: Tuesday, December 03, 2019 2:48 PM To: jeffbocc Subject: Shooting Range Comments CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello Kate, David and Greg, As you are aware, The Jefferson County Planning Commission voted 7-0 with 1 abstention at their November 20 meeting to recommend to the Board of County Commissioners (BoCC) that any new shooting ranges be built indoors and located in industrial and commercial zones. a) I strongly support these recommendations. b)I suggest that you consider creating a timeline for the study of moving the Sportsman Association's facility to an indoor facility, or building one on site. c) I also support the recommendations submitted to you last November: 1 . No military training 2. No aircraft 3. No night shooting 4. 500-yard setbacks from public lakes and other shorelines 5. Security fencing 6. Sound barriers For years I lived near an indoor shooting range with absolutely no adverse affects caused by the facility. An indoor facility is, to use a popular phrase, a "no-brainer." Also, I am not a member of the Tarboo Ridge Coalition. In fact, I've never even driven up Tarboo Lake Road. I do read their website and support their concerns. For many reasons, the proposal for a para-military shooting facility in this area is, plainly put, insane. It will adversely affect wildife, the watershed and the people who live there. It will make Jefferson County a magnet for those gun advocates who believe violent force is a reasonable course of action. This should be of great concern to you, not just as to it affects the safety of all citizens, but especially the tremendous challenges it may create for our local law enforcement personnel. I suggest that the issue before your Board is much bigger than a locally established outdoor shooting facility or any particular current shooting range development proposal. Your decision to support and enact the Planning Board's recommendations would now and for generations to come protect wildlife, watersheds, quiet& rural lifestyles and the public safety. Thank you. Donald Mazzola 1 543 Q Street Port Townsend, WA 98368 2 Julie ShannonqE4 rk opt) ,. From: Kate Dean Sent: Friday, December 06, 2019 10:29 AM To: Julie Shannon Subject: FW:Win-Win Shooting Range Solution From: Kathleen Waldron Sent: Friday, December 6, 201910:29:15 AM (UTC-o8:oo) Pacific Time(US & Canada) To: Kate Dean; Greg Brotherton; David Sullivan Cc: Philip Morley Subject:Win-Win Shooting Range Solution CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear County Commissioners: » I was ecstatic to read on the front page of the November 27, 2019 Port Townsend Leader that the Jefferson County Planning Commissioners voted unanimously for"No Outdoor Shooting Ranges in Jefferson County"! »This is truly a Win-Win solution because it allows for shooting ranges,while protecting all residents, including wild& domestic animals,from the trauma of"second hand noise". I consider gun noise to be similar to"second hand smoke" because the person smoking has the pleasure of breathing in smoke, but then subjects those around them to their unhealthy exhaled smoke. Gun owners also enjoy the shooting of their guns(& protecting their ears)while subjecting all life around them to their"second hand gun noise". »As a Zoology major& retired counselor, I am very aware of the traumatic impact to both people and animals to loud & repetitive noise.Just look at the PTSD experienced by returning vets when they hear loud noises! »We have already protected ourselves from"second hand smoke".And on December 9,we are relying on you to protect all life in Jefferson County from"second hand gun noise"! I thank you in advance for supporting the unanimous Planning Commission vote to not allow outdoor shooting facilities in our county! >Sincerely, » Kathleen Waldron »5o Beach Drive » Nordland WA 98358 »503-73o-1099 jeffbocc " From: Kathleen Wacker <kathleenwacker@gmail.com> Sent: Friday, December 06, 2019 7:33 PM To: jeffbocc Subject: New Shooting Range Ordinances Attachments: Letter to the Commissioners New Shooting Range Ordinances.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. -Letter to the Commissioners attached 1 To: Board of County Commissioners Jefferson County, Washington jeffbocc@co.jefferson.wa.us From: Kathleen Wacker 267 Skidder Hill Road Quilcene, WA 98376 (360) 765-0081 RE: New Shooting Range Ordinances December 6, 2019 Dear Commissioner Dean, Commissioner Brotherton and Commissioner Sullivan, I am a resident of Jefferson County. I retired here in 2010 and I own, and live full time, on my property in the Community of Snow Creek Ranch, at Crocker Lake, in Quilcene. My home is, as the crow flies, a mile and a half from Tarboo Lake. I am writing to ask you to support the Planning Commissions recommendation that all new Jefferson County shooting ranges be indoor only, and that the Jefferson County Sportsman's Club be grandfathered in as the only outdoor shooting range allowed in the county. Please require all new recreational, private and commercial, shooting ranges to be indoor ranges only - that solves the problem of lead pollution and also contains noise pollution. Surrounding counties have wisely adopted this requirement - we should too. Please require that new recreational, private and commercial, shooting ranges be just that - recreational shooting only. No helipads. No military training. My federal taxes already pay for the government to train our military personnel. They've been doing a fine job and they do not need to train at private weapons training facilities in my neighborhood. Seriously - would you want this, on a steady basis, in close proximity to your property, children, family, pets, livestock and wildlife? Please don't let this happen. Page 1 of 2 Protect Tarboo Lake! And all the other beautiful places we folks, and the tourists who come here, like to visit in Jefferson County. While we all like to think that shooters are following rules and paying attention to where their bullets are flying I know of bullet holes in a house on Crocker Lake that were put there by duck hunters hunting on the Lake and shooting toward the houses! Another reason to require new ranges be indoors only - projectiles will be contained. Lastly, please know that establishing more shooting ranges in the area will not put a stop to the shoot-em-up sites that already take place in the woods in the county. Those folks will not go to a facility where they have to pay a fee to shoot. Those types of shooters are not practicing their skills - they are only out to shoot stuff into oblivion, and to party while they doing it - empty beer cans and liquor bottles litter all the sites. It is a mind-set that no permitted shooting range will ever change. I urge you to keep the gun ranges in Jefferson County small, recreational and indoor. Please consider and adopt the Planning Commission's recommendation. Thank you for taking the time to read my letter, Kathleen Page 2 of 2 qrAI*,,„r„ jeffbocc .. From: Tom Thiersch <tprosys@gmail.com> Sent: Monday, December 09, 2019 10:38 AM To: jeffbocc Subject: Indoor only - what other counties CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. What other WA counties have this restriction? Have they passed legal challenge? 1 jeffbocc iN !I� From: Glenn and Linda Gately <gately@olypen.com> Sent: Monday, December 09, 2019 11:04 AM To: David Sullivan;jeffbocc Subject: Moritorium Attachments: Letter to JCBC re moritorium.doc CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 1 711 Robbins Road Nordland, WA 98358 December 9, 2019 Dear Jefferson County Board of Commissioners; Re: Moratorium on submission, acceptance, processing or approval of permits for any commercial shooting facility I do recommend that a moratorium be established until March 23, 2020 to consider the future priorities for Jefferson County. The Tarboo Lake area has always been a favorite place for our family to get out and enjoy peace in the natural environment. We have many friends who moved to the Coyle and Tarboo area to raise families and preserve the environment. All of us need to consider all sides of what a Commercial Shooting—Training facility will mean for our whole county. I personally compare the noise of blue grass and music to the noise of helicopters and automatic weapons. Please, please approve the moratorium until a thoughtful, clear long term plan is devised to preserve the enjoyment of all residents of Jefferson County in the long term. Sincerely, Linda Gately 4 FA Op jeffboccp ,M From: Sarah McHugh <sarahkmchugh@gmail.com> Sent: Monday, December 09, 2019 11:32 AM To: jeffbocc; Planning Commission Desk Subject: Hearing 12/9/19: Commercial & Membership Gun Range Construction &Ordinance CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Attention: Jefferson County Board of Commissioners I'm writing to submit statement to the Public Hearing on December 9th in discussion the commercial gun ranges in Jefferson County. We are in support of no further construction of any new facility as well as the containment of audible noise from the currently established membership club. We would be remiss to pass up the opportunity to be heard about our living situation and current conversation surrounding commercial gun ranges in Jefferson County. We live within Port Townsend's city limits, close to the new round-about at Discovery Rd & Howard Street. We are 2 miles from the Sportsmen's Association. We have lived here for 30 years. The noise of gunfire that echoes through the densely wooded area daily between the Port Townsend Sportsmen's Association and this up and coming area(Howard/Rainier St. Corridor) is a major disturbance. We can (and have) recorded the gun range on any given day with our cell phones and with sound meter and can very clearly hear the disruptive pops of gunshots and rifles, no matter which way the wind blows. There are several concerns surrounding this noise disturbance; from the personal investment of the place I call home within Jefferson County, the need for affordable housing and acres of land which could potentially facilitate this growth, the Howard Street Corridor for economic development - all of which are within earshot of the Sportsmen's Club and in an area which could be considered a main entryway to the City of Port Townsend. We would be happy to invite you to visit, hear and experience our day to day frustration with this extreme noise. The noise that is produced from the Sportsmen's Club is remarkable. It can be debilitating. We have to leave our home. While indoors, we have to turn our music up to a very high volume our home in an effort to block the noise. When we work from home and have difficulty making calls without the noise causing question to a concerned client. We work, we live, we spend and we play in Jefferson County and in Port Townsend. All that being said, we would find another place to call home to save our sanity. The noise and general environmental pollution is not healthy or suitable to facilitate a growing community. Our county has grown immensely since the Sportsman's Club was established. We now have a Sportsman's Club in the middle of a residential neighborhood. A new facility in a more rural Brinnon could soon be the same, in the middle of a growing residential area with an increase in population over the near future years. Jefferson County is a naturally beautiful place - we welcome tourism, we welcome recreation, we offer high quality craftsmanship, we welcome all walks of life, we are a destination, and Port Townsend is a community that many of us are lucky to call home. 1 Thank you for continuing the conversation in support of not building any new facilities and to install the ordinance to reduce any audible noise from commercial (and membership) gun ranges. We simply cannot live with hearing ongoing and rapid gun shots as a part of our daily life. Thank you for your time and consideration, your ongoing efforts in support of the community and people of Jefferson County are greatly appreciated. Regards, Sarah McHugh & Jeremy Lala Sarah K. McHugh email: sarahkmchugh@gmail.com phone: 404-840-6607 Linkedln: http://www.linkedin.com/in/sarahmchughcmp 2 fl'meJ t-,S�, 12 QFCO 711 Robbins Road Nordland, WA 98358 December 9, 2019 Dear Jefferson County Board of Commissioners; Re: Moratorium on submission, acceptance, processing or approval of permits for any commercial shooting facility I do recommend that a moratorium be established until March 23, 2020 to consider the future priorities for Jefferson County. The Tarboo Lake area has always been a favorite place for our family to get out and enjoy peace in the natural environment. We have many friends who moved to the Coyle and Tarboo area to raise families and preserve the environment. All of us need to consider all sides of what a Commercial Shooting—Training facility will mean for our whole county. I personally compare the noise of blue grass and music to the noise of helicopters and automatic weapons. Please, please approve the moratorium until a thoughtful, clear long term plan is devised to preserve the enjoyment of all residents of Jefferson County in the long term. Sincerely, Linda Gately Rd,tic Co - - I t jCC IZ/q J . ti Good Morning Commissioners, i ^, , up, sk,i!-t, I am here this morning to testify as one of the members of „ Ji i a i 4.. Commission who developed and researched the Title 8 and Title 18 code revisio"ns - €:re, to mmercial shooting ranges that will be presented to you this morning.The Planning o mmission has worked long,late hours toput together the fair and balance proposal that you g find before you.We did so after listening and considering hours of public testimony fin(616 xii9 neighbors,fellow residents of Jefferson County,as well as a few out of town visitors who come use the County's existing outdoor shooting range. Since I only have a few minutes I want to bring your attention to what I believe are the most important points in our proposal. We have chosen to recommend the following changes: that no additional outdoor commercial shooting ranges are needed or desirable in Jefferson County and should not be permitted in any zone due to unacceptable,unmitigatable impacts on surrounding communities and the environment Rather,indoor shooting ranges where noise and lead contamination can be contained within a building,lead exposure can be controlled and lead ammunition can be fully retained and recycled can offer gun owners a year-round alternative to outdoor shooting and should be allowed as discretionary uses in commercial and industrial zones. In making these recommendations,We,as Planning Commissioners,were guided in large part by the Jefferson County Comprehensive Plan both its Vision Statement and adopted policies that state that development in Jefferson County should ensure that the County's (rural) quality of life is preserved,protect open spaces,shorelines,forests,clean air,clean water,wildlife and wildlife habitat,and that lands designated for working forests and working farms should be protected and preserved and should be protected from incompatible uses. n our deliberations we came to the conclusion that outdoor shooting ranges are not compatible with these policies. Multiple studies have shown that outdoor shooting ranges in any zones have off-site noise impacts which cannot be mitigated to a level that will not detrimentally impact the right of surrounding residences and businesses to a peaceful and tranquil rural lifestyle. In addition,lead once it leaves the barrel of a gun,is considered a hazardous waste,a neuro-toxin that is dangerous to the health of humans and animals alike. Lead cannot be fully contained and cleaned up from outdoors shooting ranges where lead rain and lead debris(shrapnel from exploded rounds) can scatter over the landscape.From there,lead quickly leaches into acidic soils like we have here on the Peninsula,with the potential to contaminate surface and groundwater,both on and off site.Across the country,many outdoor gun ranges have defaulted due to high hazardous waste clean-up costs which have devolved onto local governments.Such costs can reach 25 million dollars or more. These recommended changes to Title 18 will not apply to legally-established,existing nonconforming uses.The Jefferson County Sportsmen's Club Range has a valid operating permit through 20'We also found that twenty percent of the land-base in Jefferson County falls under state and federal management where dispersed target shooting is allowed and can be carried out by anyone who has legal possession of a firearm.This form of shooting is far less impactful to rural living and human and animal health than large scale,concentrated repetitive shooting from a developed range,and falls under the jurisdiction of federal and state regulations. Submitted by Lorna Smith,Planning Commissioner,Dist 2 on December 9,2019 E�OCC lfq/( q rvt December 9, 2019 !'IEAR!NG 4111 Public Comment to BoCC DEC Q 9 2019 Good Morning Commissioners, My name is Peter Newland and I'm representing TRC I'm pleased to present these comments in anticipation of your Planning Commission's recommendations to bring the County's shooting facility ordinances into compliance with the Growth Management Act and your comprehensive plan. The Tarboo Ridge Coalition was represented at each of your Planning Commission's meetings and we believe you have every right to be proud of the work they have done. Rather than just tinker with the badly flawed 2018 code revisions,the commission voted unanimously to seriously and carefully consider what a modern, up to date solution might look like. Tangible benefits of their recommendations include: • Greatly simplified environmental review • Reduced staff time for permitting and enforcement • Eliminating Hearing Examiner expenses • Minimized unwanted impacts on people and the environment • Preservation of the economic engines of rural Jefferson County • Guaranteed safe shooting with little, if any,risk to the public. • Despite what some may say,there are well developed business plans for indoor ranges in communities large and small. There is no second amendment issue or case law that impairs your ability to adopt these practical and proven methods to promote public safety and respect for our environment. The planning commission's recommendations are sensible,practical and affordable. We urge you to embrace them. We likely would not be here today if, last year,you had given more weight to the Planning Commission's recommendations. Somehow they just disappeared with no explanation. If you see problems with these recommendations we hope you will hold a hearing and point out your concerns so we might provide you with additional information about the value of an indoor solution. Should you still choose to discard your Planning Commission's work,we hope this time,you will help us understand why. Even if we disagree it is important to hear your reasoning. The public can't make sense out of silence. And because silence fuels public suspicion and distrust we urge you, please don't forfeit the power of community support. Thank you •