HomeMy WebLinkAbout012720_ra03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Michelle Farfan, Associate Planner
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: January 27,2020
RE: 2 HEARING NOTICES for: (1) Ordinance Amending Ordinance No. 12-1102-18 for
Commercial Shooting Facilities under Title 8 JCC; and, (2) Ordinance Repealing and
Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related
to Commercial Shooting Facilities; Hearing on February 10, 2020 at 2:00 p.m. (Title 8),
and 3:00 pm (Title 18), both in The Commons at Fort Worden State Park, 200 Battery
Way, Port Townsend, WA
STATEMENT OF ISSUE: The Board of County Commissioners are requested to approve the
two attached HEARING NOTICES for(1) Ordinance Amending Ordinance No. 12-1102-18 for
Commercial Shooting Facilities under Title 8 JCC Health and Safety; and, (2) Ordinance
Repealing and Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code
related to development regulations on Commercial Shooting Facilities. Both Public Hearings
will take place on February 10, 2020 in The Commons at Fort Worden State Park, 200 Battery
Way, Port Townsend, WA.
The Public Hearing on the proposed Ordinance Amending Ordinance No. 12-1102-18 for
Commercial Shooting Facilities under Title 8 JCC Health and Safety will take place at 2:00 p.m.
A separate Public Hearing on the proposed Ordinance Repealing and Replacing Ordinance 15-
1214-18 and Amending Title 18 Jefferson County Code related to development regulations on
Commercial Shooting Facilities will take place at 3:00 p.m.
ANALYSIS:
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(GMA, 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. On September 23, 2019,
the County Commissioners asked the Planning Commission to begin work immediately, in
coordination with County Staff, on legislation to revise the two ordinances to address the Growth
Board's Final Decision and Order. In the referral to the Planning Commission, the County
Commissioners asked that the Planning Commission's recommendations fully comply with the
Growth Management Act, including the Supremacy Principle in WAC 365-196-725(1), and
Washington Constitution, Article I, Section 24, RCW 9.41.290, and the Second Amendment of
the U.S. Constitution.
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On October 16, 2019, Staff provided the Planning Commission a staff report with proposed
revised Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) and Ordinance No. 15-
1214-18 (Title 18 —Land Use Code) (collectively Staff's revised proposed ordinances). In the
Staff Report, Staff stated they believe the Staff's revised proposed ordinances fully comply with
the Growth Management Act, including the Supremacy Principle in WAC 365-196-725(1), and
Washington Constitution, Article I, Section 24, RCW 9.41.290, and the Second Amendment of
the U.S. Constitution.
Staff briefed the Planning Commission on October 16 and October 25, 2019 on the staff report,
including the Staff's revised proposed ordinances. The Planning Commission discussed the
Staff's revised proposed ordinances on October 28, 2019. A notice of hearing was published for
a Planning Commission hearing on November 5, 2019.
The Planning Commission held a public hearing, accepting verbal and written testimony, on the
Staff's revised proposed ordinances on November 5, 2019. The Planning Commission accepted
written comments from October 23, 2019 until November 8, 2019 regarding Staff's revised
proposed ordinances. The Planning Commission deliberated on Staff's revised proposed
ordinances on November 13, 20, and 25, 2019.
On December 3, 2019, the Planning Commission issued its recommendations on December 3,
2019 and presented them to the County Commissioners on December 9, 2019. The Planning
Commission's December 3, 2019 Recommendations include the October 16, 2019 Staff Report
(Appendix 1) and the proposed revised Title 8 and Title 18 ordinances attached as Appendix A
and Appendix B, respectively. Based upon the November 5, 2019 hearing and comments and
formal deliberations concerning the Staff's proposed revised ordinances, the Planning
Commission recommended for consideration by the Board of County Commissioners the revised
proposed ordinances attached to their December 3, 2019 Recommendations as Appendix 2 (Title
8) and Appendix 3 (Title 18). The December 3, 2019 Planning Commission Recommendations
are on the Department of Community Development's web page at
http://test.co.j efferson.wa.us/WeblinkExternal/0/edoc/2276499/2019%2012%2003%20PC%20R
ecommendations%20-%2OSIGNED.pdf.
In holding separate public hearings on each of the Planning Commission's two recommended
ordinances, the Board of County Commissioners expects to also consider a range of options
discussed in the County's SEPA Checklist in response to Question A.11 in the Checklist,
attached to this Agenda Request. Public testimony is invited on the ordinances and those
options.
FISCAL IMPACT: Holding the two public hearings at The Commons at Fort Worden State
Park on February 10, 2020, will cost the County approximately$2,5000.
RECOMMENDATION: Approve the two attached Hearing Notices.
RE _ WED BY:
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2 of 2
Please publish twice: January 29 and February 5, 2020
Bill: Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend WA 98368
Account: 15830
NOTICE OF PUBLIC HEARING AND PUBLIC TESTIMONY
ON PROPOSED REVISIONS TO
HEALTH AND SAFETY REGULATIONS
CHAPTER 8.50 JCC COMMERCIAL SHOOTING FACILITIES
Notice is hereby given that a Public Hearing will be held on Monday, February 10, 2020 at
2:00 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend,
WA, for the purpose of taking written/oral testimony regarding an Ordinance Amending
Ordinance No. 12-1102-18 for Commercial Shooting Facilities under Title 8 of the Jefferson
County Code, Health and Safety, as recommended by the Jefferson County Planning
Commission in their December 3, 2019 Recommendations, as well as on a range of options
discussed in the County's SEPA Checklist in the County's response to Question A.11.
(A separate hearing on a development regulation ordinance will be held at 3:00 p.m. at the same
date and location.)
At the 2:00 p.m. February 10, 2020 Public Hearing the public is encouraged to provide oral and
written testimony on the proposed ordinance and on the range of options under consideration. In
addition, written testimony is also invited beginning on January 29, 2020 and ending on February
10, 2020 at 4:30 p.m., unless extended by the Board of County Commissioners. Written public
testimony may be submitted by Email to:jeffbocc@cojefferson.wa.us; by Mail to: Jefferson
County Commissioners' Office; PO Box 1220, Port Townsend, WA 98368; or In Person to:
Jefferson County Commissioners' Office, Jefferson County Courthouse, 1820 Jefferson Street,
Port Townsend, WA 98368. Testimony must be received by the Board of County Commissioners
by the end of the public comment period.
The Proposed Ordinance Amending Ordinance No. 12-1102-18, plus the December 3, 2019
Planning Commission Recommendations, and the SEPA Checklist describing the range of
options that may be considered can all be found by clicking on the links on the County's website
at www.co.jefferson.wa.us under"Latest News."
The proposed Ordinance Amending Ordinance No. 12-1102-18 for Commercial Shooting
Facilities under Title 8 JCC contains the following sections:
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
A separate public hearing on an Ordinance Repealing and Replacing Ordinance 15-1214-18 and
Amending Title 18 County Code related to development regulations for Commercial Shooting
Facilities will also be held at the same location, immediately following this hearing.
Signed this 27th day of January 2020
/S/Greg Brotherton, Chairman
Jefferson County Board of Commissioners
Please publish twice: January 29 and February 5, 2020
Bill: Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend WA 98368
Account: 15830
NOTICE OF PUBLIC HEARING AND PUBLIC TESTIMONY
ON PROPOSED REVISIONS TO
DEVELOPMENT REGULATIONS
TITLE 18 JCC ON COMMERCIAL SHOOTING FACILITIES
Notice is hereby given that a Public Hearing will be held on Monday, February 10, 2020 at
3:00 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend,
WA, for the purpose of taking written/oral testimony regarding an Ordinance Repealing and
Replacing Ordinance 15-1214-18 and Amending Title 18 Jefferson County Code related to
Commercial Shooting Facilities development regulations, as recommended by the Jefferson
County Planning Commission in their December 3, 2019 Recommendations, as well as on a
range of options discussed in the County's SEPA Checklist in the County's response to Question
A.11.
(A separate hearing on a health and safety ordinance will be held at 2:00 p.m. at the same date
and location.)
At the 3:00 p.m. February 10, 2020 Public Hearing the public is encouraged to provide oral and
written testimony on the proposed ordinance and on the range of options under consideration. In
addition, written testimony is also invited beginning on January 29, 2020 and ending on February
10, 2020 at 4:30 p.m., unless extended by the Board of County Commissioners. Written public
testimony may be submitted by Email to: jeffbocc@co.jefferson.wa.us; by Mail to: Jefferson
County Commissioners' Office; PO Box 1220, Port Townsend, WA 98368; or In Person to:
Jefferson County Commissioners' Office, Jefferson County Courthouse, 1820 Jefferson Street,
Port Townsend, WA 98368. Testimony must be received by the Board of County Commissioners
by the end of the public comment period.
The Proposed Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title
18, plus the December 3, 2019 Planning Commission Recommendations, and the SEPA
Checklist describing the range of options that may be considered, can all be found by clicking on
the links on the County's website at www.co.jefferson.wa.us under"Latest News."
The proposed Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title
18 JCC contains the following sections:
8.50.210 Purpose.
8.20.220 Definitions.
8.50.230 Operating Permit Required.
8.50.240 Application for a Commercial Shooting Facility Operating Permit.
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director.
8.50.270 Judicial Appeals.
8.50.280 Safe Harbor for Owners and Operators.
8.50.290 Reports of Violations of this Article.
8.50.300 Review Committee.
8.50.310 Limitations on the Applicability of this Article.
8.50.320 Warning and Disclaimer of Liability.
The proposed Ordinance Repealing and Replacing Ordinance 15-1214-18 and Amending Title
18 Jefferson County Code related to Commercial Shooting Facilities modifies or adds the
following sections of Title 18 JCC:
18.10.020 B definitions.
18.10.030 C definitions.
18.10.060 F definitions.
18.10.080 H definitions.
18.10.090 I definitions.
18.10.130 M definitions.
18.10.140 N definitions.
18.10.150 0 definitions.
18.10.160 P definitions.
18.10.170 Q definitions.
18.10.180 R definitions.
18.10.190 S definitions.
18.10.200 T definitions.
18.10.210 U definitions.
18.15.040 Categories of land use.
Table 3-1
Table 3A-1
18.15.045 Unnamed uses.
JCC 18.20.170 Cottage Industry.
JCC 18.20.135 Commercial Shooting Facilities.
JCC 18.20.200 on Permitted Home Businesses.
JCC 18.20.350 Small-scale recreation and tourist uses.
A separate public hearing on an Ordinance Amending Ordinance No. 12-1102-18 for
Commercial Shooting Facilities under Title 8 of the Jefferson County Code related to health and
safety regulations for Commercial Shooting Facilities will also be held at the same location,
immediately preceding this hearing.
Signed this 27th day of January 2020
/S/Greg Brotherton, Chairman
Jefferson County Board of Commissioners
- 4, (t ,
11. Give brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on
this page. (Lead agencies may modify this form to include additional specific information
on project description.)jhelpl
RESPONSE:
a. Not a Proiect Proposal: There is no"project' or"site"for this proposal.
b. Description of Legislation: The legislation is a comprehensive set of health and safety regulations
(Title 8 Ordinance) and development regulations(Title 18 Ordinance)that are designed to uniformly
regulate indoor and outdoor commercial shooting facilities (CSFs) within unincorporated Jefferson
County. The Title 8 Ordinance requires an operating permit for existing and new CSFs. The Title 18
Ordinance contains development regulations relating to zoning, siting, compatibility, shoreline, and
critical area impacts for CSFs that do not qualify as a legal nonconforming use under JCC 18.20.260.
Overview of Title 8 Ordinance:
i. Not a development regulation under Chapter 36.70A RCW(Growth Management Act);
ii. Regulates the operation, but not siting or development, of existing and future CSFs;
iii. Requires an operating permit with an operational environmental health and safety plan with
components for operations and safety for all existing and new CSFs;
iv. Requires compliance with environmental Best Management Practices (BMPs)for operation
of CSFs;
v. Requires consistency with the 2012 National Rifle Association Range Source Book (NRA
Range Source Book) for minimizing noise, increasing safety, and increasing environmental
protection during operations of a CSF;
vi. Operating permit to be reviewed by a qualified shooting range evaluator and approved by
the Jefferson County Environmental Health Division of the Department of Public Health; and,
vii. Provides for administrative review of permit decisions under Jefferson County's Hearing
Examiner Code and Rules of Procedure.
Overview of the Title 18 Ordinance
i. Development regulation under Chapter 36.70A RCW(Growth Management Act);
ii. Regulates siting and development of CSFs that do not qualify for a legal, non-conforming
use under the JCC 18.20.260.
iii. Fixes use loopholes in cottage industry and home business sections clarifying that CSFs
cannot be a cottage industry or home business;
iv. Closes definitional loopholes for Small-Scale Recreation or Tourist Uses standards;
v. Closes an unnamed use loophole by indicating that the text of Table 3-1 and 3A-1 control
and naming shooting facilities as a named use;
vi. Requires for forest resource lands:
A. A Conditional Use Permit (CUP) consistent with Jefferson County's 12 conditional use
approval criteria;
B. Review by a qualified shooting range evaluator; and,
C. Approval of the CUP by the Jefferson County Department of Community Development;
vii. Adds performance and use standards for the siting and development of CSFs:
A. Requires a facility plan;
B. Requires consistency with the NRA Range Source Book for minimizing noise, increasing
safety, and increasing environmental protection;
C. Requires compliance with environmental operational Best Management Practices
(BMPs); and,
Jefferson County's Responses to SEPA January 6,2020 Page 3 of 95
Environmental checklist(WAC 197-11-960)
D. Establishes minimum standards for required security, containment, professional
evaluation, and protection of critical areas and shorelines.
viii. Provides for administrative review of permit decisions under Jefferson County's Hearing
Examiner Code and Rules of Procedure; and,
ix. Five legislation alternatives are under consideration for Title 18 in this proposal. The five
legislation alternatives are compared to a "no action" alternative below:
A. No action alternative: Under the no-action alternative, the Jefferson County Code in
existence before November 2018 will remain in effect.The pre-November 2018 Jefferson
County Code will be much less protective of human health, safety and the environment
than any of the five legislation alternatives because:
(1) There was no uniform, comprehensive regulatory scheme for CSFs.
(2) "Outdoor shooting ranges"could be permitted with a conditional use permit(CUP)
in forest resource lands as "Small-Scale Recreation or Tourist Uses," previously
defined as"'Small-scale recreation or tourist uses'meaning those isolated uses
which are leisure or recreational in nature; are reliant upon a rural setting or
location; do not include any new residential development beyond that allowed
in the underlying land use district, and otherwise meet the performance
standards in JCC 18.20.350 See RCW __(5)(d)(ii)." JCC 18.20.350
(emphasis added). "Small-scale"was defined as"of a size or intensity which has
minimal impacts on the surrounding area and which makes minimal demands on
the existing infrastructure." JCC 18.20.350 (emphasis added).
(3) It would have been difficult, if not impossible,to enforce JCC 18.20.350(8)related
to shooting facilities because of missing terms related to the definitions of"small
scale" and "small-scale recreation or tourist uses:"
(a) "Small-scale" used the terms "isolated uses," "leisure," and "recreational,"
none of which was defined. See respectively JCC Sections 18.10.090,
18.10.120, and 18.10.180.
(b) Small-scale recreation or tourist uses" used the terms"minimal impacts" and
"minimal demands," neither of which was defined. See JCC Section
18.10.130.
(4) JCC 18.20.350(8) contained the only regulations related to "outdoor shooting
ranges." But it would have been difficult, if not impossible, to enforce JCC
18.20.350(8) related to shooting facilities because of missing terms or vague
terms:
(a) "Outdoor shooting ranges" was defined to mean "shooting ranges." JCC
Section 18.10.150. "Shooting range" was defined as "a facility specifically
designed and used for safe shooting practice with firearms and/or for
archery practice, with individual or group firing positions for specific
weaponry." See JCC 18.10.190 (emphasis added).
(b) There was no definition of"firearms" (See JCC 18.10.060), even though that
term is used in the definition of"shooting range" in JCC 18.10.190.
(c) There was no definition of "safe shooting practice" (See JCC 18.10.060),
even though that term is used in the definition of "shooting range" in JCC
18.10.190.
(d) There was no definition of"group firing positions" (See JCC 18.10.070), even
though that term is used in the definition of "shooting range" in JCC
18.10.190.
(e) There was no definition of "specific weaponry" (See JCC 18.10.190), even
though that term is used in the definition of "shooting range" in JCC
18.10.190.
(5) JCC 18.20.350(8)(a) required that shooting ranges be "located, designed,
constructed and operated to prevent the likelihood of discharge of ammunition
beyond the boundaries of the parcel where they occur." (Emphasis added). But
Jefferson County's Responses to SEPA January 6,2020 Page 4 of 95
Environmental checklist(WAC 197-11-960)
"ammunition" was nowhere defined. See JCC 18.10.010. And, firearms shoot
bullets or projectiles, not ammunition.
(6) There was reliance on existing laws that:
(a) Require compliance with critical area, shoreline and wetlands buffers;
(b) Limit nuisance noise;
(c) Limit reckless shooting of firearms (RCW 9.36.050 and RCW 9.41.230);
(d) Limit the discharge of a machine gun as that term is defined in 26 U.S.C.
Section 5845(b) or RCW 9.41.010(17);
(e) Limit the discharge of a short-barreled rifle or a short-barreled shotgun as
those terms are defined in RCW 9.41.010; and,
(f) Prohibit discharge of a destructive device as that term is defined in 25 U.S.C.
Section 5845(f) and any explosive as that term is defined in RCW
70.74.010(5).
(7) Compliance with all 12 conditional use approval criteria listed below:
(1)The county may approve or approve with modifications an application for a
conditional use permit(i.e.,uses listed in Table 3-1 in JCC 18.15.040 as"C(a),""C(d)"
or"C") if all of the following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design,
character, and appearance with the existing or intended character
and quality of development in the vicinity of the subject property and
with the physical characteristics of the subject property;
(b)The conditional use will be served by adequate infrastructure
including roads, fire protection, water, wastewater disposal, and
stormwater control;
(c) The conditional use will not be materially detrimental to uses or
property in the vicinity of the subject parcel;
(d) The conditional use will not introduce noise, smoke, dust, fumes,
vibrations, odors, or other conditions or which unreasonably impact
existing uses in the vicinity of the subject parcel;
(e) The location, size, and height of buildings, structures, walls and
fences, and screening vegetation for the conditional use will not
unreasonably interfere with allowable development or use of
neighboring properties;
(f)The pedestrian and vehicular traffic associated with the conditional
use will not be hazardous to existing and anticipated traffic in the
vicinity of the subject parcel;
(g)The conditional use complies with all other applicable criteria and
standards of this title and any other applicable provisions of the
Jefferson County Code or state law; and more specifically, conforms
to the standards contained in Chapters 18.20 and 18.30 JCC;
(h)The proposed conditional use will not result in the siting of an
incompatible use adjacent to an airport or airfield;
(i) The conditional use will not cause significant adverse impacts on
the human or natural environments that cannot be mitigated through
conditions of approval;
(j)The conditional use has merit and value for the community as a
whole;
(k) The conditional use is consistent with all relevant goals and
policies of the Jefferson County Comprehensive Plan; and
(I) The public interest suffers no substantial detrimental effect.
Consideration shall be given to the cumulative effect of similar actions
in the area.
(2) In instances where all of the above findings cannot be made, the
Jefferson County's Responses to SEPA January 6,2020 Page 5 of 95
Environmental checklist(WAC 197-11.960)
application shall be denied.
JCC 18.40.530 (Exhibit 1) (emphasis added).
(8) If a shooting facility was larger than the vaguely defined Small-Scale Recreation
or Tourist Uses, it could have been classified as an "unnamed use,"which have
been allowed in any zone compliance with the discretionary use criteria listed
below:
(2) Discretionary Uses. Discretionary uses are certain named and all
unnamed uses which may be allowed subject to the applicable
development and performance standards
(Chapters 18.20 and 18.30 JCC) and an administrative review of
potential impacts are designated by a"D" (for"discretionary"). On the
basis of the administrative review, the administrator may classify the
proposed "D" use as either an allowed use, a prohibited use, or a
conditional use in the particular land use district affected.
Discretionary, "D," uses are subject to a Type II administrative review
as specified in Chapter 18.40 JCC. Decisions classifying "D" uses
made under this section may be appealed to the hearing examiner
(see Chapter 18.40 JCC). The administrator may classify the
discretionary use as an allowed "Yes" use in the particular district
affected, only if the proposed development:
(a) Complies with the applicable development standards of
Chapter 18.30 JCC;
(b) Complies with the performance and use-specific standards unique
to the proposed use specified in Chapter 18.20 JCC;
(c) Is appropriate in design, character, and appearance with the goals
and policies for the land use designation and district in which the
proposed use is located;
(d) Is consistent with the goals and policies of the Comprehensive
Plan and the applicable regulations of the Shoreline Master Program
if the application involves property located within the jurisdiction of the
state Shoreline Management Act, but does not require a shoreline
permit;
(e)Will be served by adequate facilities including access, fire
protection, water, and sewer facilities (municipal, community, or on-
site systems);
(f) Does not include any use or activity that would result in the siting
of an incompatible use adjacent to an airport or airfield
(Chapter 36.70 RCW);
(g) Shall not adversely impact the public health, safety and general
welfare of the residents of the county;
(h) Shares characteristics common with but not of significantly greater
intensity, density or that generates more environmental impact than
those uses allowed in the district in which it is to be located; and
(i)Will not result in impacts on the human or natural environments
determined by the administrator to require review as a conditional
use.
If the preceding conditions are not met to the satisfaction of the
administrator, the administrator may either prohibit the use or require
a conditional use permit.
Jefferson County's Responses to SEPA January 6,2020 Page 6 of 95
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JCC 18.15.045 (Exhibit 2).
(9) Shooting ranges could have been permitted as part of a cottage industry in all
zones, except resource-based industrial, heavy industrial, and parks, preserves
and recreation zones, pursuant to JCC 18.20.170 (Exhibit 3) and Table 3-1
(Exhibit 4).
(10)Shooting ranges could have been permitted as part of a home business in all
zones, except resource-based industrial, heavy industrial, and parks, preserves
and recreation zones, pursuant to 18.20.200 and Table 3-1 (Exhibit 4).
(11)Shooting ranges could have been permitted on Forest Resource Lands',
provided there was compliance with the forest resource districts protections, as
follows:
(1) Residential Density. There shall be no subdivision of land
designated commercial forest or rural forest for residential purposes.
However, nothing in this code shall be construed to prevent the owner
of designated commercial or rural forest land from living on his/her
land; provided, that applicable building requirements are met.
(2) Subdivisions and Use Limitations. Subdivision of commercial and
rural forest lands for construction or installation of nonresidential
purposes, as allowed in Table 3-1 in JCC 18.15.040, shall be at least
80 acres in size within the commercial forest designation and 40 acres
in size within the rural forest designation and must meet the following
criteria:
(a) The facility cannot otherwise be suitably located on undesignated
land;
(b) The installation cannot otherwise be accomplished without
subdivision;
(c) The facility is to be located on the lowest feasible grade of forest
land; and
(d) The facility removes as little land as possible from timber
production.
(3)Setback Requirements for Adjacent Development. New structures
proposed to be located on parcels adjacent to designated forest lands
shall:
1 Per Jefferson County Code 18.15.020, "Forest Resource Lands(FOR)"are:
"(a)Commercial Forest(CF-80).The purpose of the commercial forest district is to ensure large tracts of forest lands
of long-term significance are protected from incompatible uses thereby sustaining the ability of forest resource
extraction activities to be maintained as a viable commercial activity.
(b) Rural Forest(RF-40). The purpose of the rural forest district is to ensure forest lands of long-term significance are
protected from incompatible uses thereby sustaining the ability of forest resource extraction activities to be maintained
as a viable commercial activity,while allowing for diversity in the size of forest tracts.
(c) Inholding Forest(IF).This district encompasses parcels at least 20 acres in size that are entirely surrounded by
designated forest resource lands and that are not vested for development under Washington State law."
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(a) Establish and maintain a minimum 250-foot building setback
adjacent to commercial forest lands and 100 feet adjacent to the rural
forest lands designation, which shall serve as a resource protection
area, as measured from the property boundaries of adjacent forest
lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing
legal lot do not allow a setback of 250 feet adjacent to commercial
forest lands and 100 feet adjacent to the rural forest lands
designation, then the new structure shall maintain the maximum
setback possible; or
(ii) If the owner of the land on which the new structure is proposed
and the owner of the adjacent forest land each sign and file for record,
in the manner required by law for covenants running with the land, a
document which establishes an alternative setback for one or both of
the properties, a setback of less than 250 feet adjacent to commercial
forest lands and 100 feet adjacent to rural forest lands may be
maintained;
(b) Provide adequate access for fire vehicles; and
(c) If the proposed structure is located within 250 feet of the boundary
of commercial forest lands or within 100 feet of rural forest lands, in
the area where the setback is to be applied, the property owner shall
survey the property boundaries that abut forest land in the area where
the setback is to be applied, locate the property boundaries on the
ground, and submit a record of survey, or other means deemed
acceptable to the administrator, with a building permit application.
(4) Setback Requirements on Designated Forest Lands. Builders of
new structures proposed to be located on parcels designated
commercial, rural, or inholding forest shall:
(a) Establish and maintain a minimum 250-foot setback, which shall
be a resource protection area, from the property boundaries of
adjacent commercial and rural forest lands except as follows:
(i) If the size, shape, and/or physical site constraints of an existing
legal lot do not allow a setback of 250 feet, the new structure shall
maintain the maximum setback possible.
(5) Establishment of Resource Protection Areas. Subdivisions, short
subdivisions and rural cluster subdivisions of parcels adjacent to
forest land shall establish a resource protection area of a minimum
250-foot width along commercial forest land boundaries and 100-foot
width along rural forest and inholding forest land boundaries.
JCC 18.15.150 (Exhibit 3).
(12) No generally accepted environmental best management practices (BMPs) for
operation of shooting ranges were required.
(13) No generally accepted environmental best management practices (BMPs) for
siting and development of shooting ranges were required.
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(14) No express minimum standards for operation of a CSF were required.
(15) No express minimum standards for siting and design of a CSF were required.
(16) No liability insurance requirements for operation of a CSF were required.
(17) No facilities design plan was required.
(18) No safety plan was required.
(19) No operations plan was required.
(20) No environmental plan was required.
(21) No noise abatement plan was required.
(22) No initial inspection was required.
(23) No annual inspection was required.
(24) No professional review of a permit application by a qualified shooting range
evaluator was required.
(25) No compliance certification under oath by the owner or operator was required.
(26)There were no specified consequences for non-compliance with an issued
permit, including no authority to suspend or cancel a permit.
:. Alternative 1:
(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Allows indoor CSFs with a CUP only in rural/urban growth area (UGA)
commercial and industrial zoning (excluding resource-based industrial zoning),
subject to the 12 CUP approval criteria in JCC 18.40.530.
(3) Continues to rely on existing laws that: (a) Require compliance with critical area,
shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous
shooting of firearms; (d) Limit the types of weapons that can be used; and, (e)
Prohibit the use of any explosive devices.
(4) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(5) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(6) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 1 is legislation passed by the Board of County Commissioners in
2018, namely Ordinance 12-1102-18 adopted on November 2, 2018 (Title 8
Health and Safety Ordinance) (Exhibit 5)and Ordinance No. 15-1214-18(Title 18
Land Use Ordinance) adopted on December 14, 2018 (Exhibit 6). A SEPA
categorical exemption was relied upon for the Title 8 Ordinance.A Determination
of Non-Significance(DNS)(Exhibit 7)for the Title 18 Ordinance was reviewed by
the Department of Commerce in 2018 and was not challenged. The Growth
Management Hearings Board determined that the Title 8 Ordinance was a
development regulation, requiring compliance with public participation and SEPA
requirements for a development regulation and that the Title 18 Ordinance was
closely related to the Title 8 Ordinance that both were invalid under Chapter
36.70A RCW(the Growth Management Act). Jefferson County has appealed the
Growth Management Board's decision on the Title 18 Ordinance under Chapter
34.05 RCW(the Administrative Procedure Act).
. Alternative 2:
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(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Limits outdoor CSFs to only forest resource lands for projects that qualify as
Small-Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses
are limited by JCC 18.20.350(3) (Exhibit 8) as follows:
(1)Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist
uses rely on a rural location and setting and provide opportunities to diversify the
economy of rural Jefferson County by utilizing the county's abundant recreational
opportunities and scenic and natural amenities in an environmentally sensitive
manner consistent with the rural character of the county. Upon approval pursuant
to this code, these types of uses may be conducted in the land use districts
specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale
recreation and tourist (SRT) overlay districts under JCC 18.15.470 and
18.15.572. Agritourism on designated agricultural lands is regulated in JCC
18.20.030, agricultural activities and accessory uses. The following list of uses is
not intended to be exhaustive, but rather is intended to be illustrative of the types
of small-scale recreation or tourist uses:
(a) Small-scale recreation or tourist uses may include limited and
commensurately scaled commercial facilities intended to serve those small-scale
recreational or tourist uses (e.g., a gift shop, delicatessen, convenience store, or
associated retail sales and services); provided, that the applicant can
demonstrate the following to the satisfaction of the approving authority that:
(i)The principal demand for the commercial facilities is derived from the principal
recreational or tourist use and not the existing and projected rural population;
(ii) The associated commercial activities shall be clearly accessory to and
dependent upon the primary recreational or tourist uses;
(iii)The associated commercial activities, in addition to the principal recreational
or tourist use,will not have a measurable detrimental traffic, noise, visual or public
safety impact on adjacent properties;
(iv) The use and associated structure is clearly appropriate and compatible in
scale, size, design, and function with surrounding uses and environment;
(v)The use will not constitute new urban development in a rural area;
(vi) The public facilities and services provided are limited to those necessary to
serve the associated commercial activities and the principal small-scale
recreational or tourist use in a manner that does not permit low-density sprawl;
and
(vii)All other applicable requirements and standards in this UDC are met.
(b) Unless a larger parcel size is specified, minimum lot size shall be five acres,
except that no minimum lot size is required for parcels that include a historic site,
structure or landmark.
(c) Only one small-scale recreational or tourist use shall be allowed per legal lot
of record, with the exception of rural restaurants.
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(d)Only those buildings or areas specifically approved by the county may be used
in the conduct of the business.
(e) Parking shall be contained on-site and provided in conformance with this
code, including JCC 18.30.100 and 18.30.130.
(f) All activities shall, at a minimum, be screened from the view of adjacent
residential uses subject to the landscaping and screening requirements of JCC
18.30.130 and set back a sufficient distance from all rear and side property lines
to protect the character of adjacent and surrounding properties and uses. The
approving authority may authorize variations to the setbacks established in Table
6-1 in JCC 18.30.050 to ensure that any small-scale recreation or tourist use or
structure, when proposed in or adjacent to a rural residential (RR) district, shall
be compatible with and not disruptive to the character of existing and anticipated
future uses in the district.
(g) All small-scale recreation or tourist uses shall utilize local access or minor
collector roads for primary access whenever practicable.Access off state routes,
arterials, or major collector roads may be allowed if access improvements or a
traffic analysis assure mobility is not degraded.
(h)Structures shall comply with the landscape, lighting,site coverage, and design
standards set forth in Chapter 18.30 JCC.
(i) Any small-scale recreational or tourist use development allowed under this
section that proposes to include permanent occupancy on-site residential
development may only be permitted subject to:
i. The underlying rural residential density;
ii. A master planned resort (MPR) district designation subject to a legislative
action to amend the Comprehensive Plan; or
iii. That necessary for on-site management(e.g., a caretaker's residence).
(j) For any small-scale recreation or tourist use, the county shall impose such
reasonable conditions (e.g., location and size restrictions, design standards,
landscape buffers, setbacks, etc.) as are found necessary by the approving
authority to ensure that the activity or use, due to proximity, location or intensity:
i. Is compatible with the rural character of adjacent lands and shorelines,
including forestry, agriculture, and mineral lands of long-term commercial
significance;
ii. Does not disrupt the character of any surrounding permitted uses;
iii. Is adequately served by public facilities and services (including roadway
level of service and minimum fire flow requirements) without the need to
extend those services in a manner that promotes low density sprawl;
iv. Adequately protects critical areas including surface and groundwater
resources; and
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v. Would not cumulatively, in combination with the effects of existing
development (or given the probable development of subsequent projects
with similar effects) in the vicinity(i.e.,within one mile)of the proposed use,
create a development pattern that constitutes low density sprawl; require
the extension of public facilities or expansion of public services in a manner
that promotes low density sprawl, or be otherwise incompatible with or
injurious to the rural character of the area;
vi. For designated agricultural lands, converts as little land with prime
agricultural soils as practicable into nonagricultural use.
(k) If the preceding conditions (in subsection (3)(j) of this section) cannot be met
to the satisfaction of the approving authority, the use shall be denied.
(3) Limits outdoor CSFs in forest resource lands with a quota (approximately 150
acres total in the 328,785 acres of forest resource lands throughout the county).
(4) Allows indoor CSFs with a CUP in rural/urban growth area (UGA) commercial
and industrial zoning (excluding resource-based industrial zoning), subject to the
12 CUP approval criteria in JCC 18.40.530.
(7) Continues to rely on existing laws that: (a) Require compliance with critical area,
shoreline and wetlands buffers; (b) Limit nuisance noise; (c) Limit dangerous
shooting of firearms; (d) Limit the types of weapons that can be used; and, (e)
Prohibit the use of any explosive devices.
(8) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(9) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(10)Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 2 is legislation recommended to the Jefferson County Planning
Commission by Jefferson County Staff on October 16, 2019.
D. Alternative 3:
(1) Allows outdoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(2) Limits outdoor CSFs in forest resource lands for projects that qualify as Small-
Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are
limited by JCC 18.20.350(3) (Exhibit 8).
(3) Requires bright-line rules including (a) a limit of one conditional use per parcel;
(b) Prohibiting use of CSFs by military, paramilitary, National Guard, Homeland
Security or non-local law enforcement; (c) Maximum of 5 firing points per parcel;
(d) No shooting from aircraft; (e) No drone or helicopter flights within the parcel;
(f) No machine guns, mortars, rocket launchers, etc.; (g) Noise standard at
property boundaries of a maximum of 40db; or, (h) 500-yard setback from
shorelines (streams and lakes) and additional wetlands/wetland-buffers.
(4) Does not use a quota to limit outdoor CSFs in forest resource lands.
(5) Allows indoor CSFs with a CUP in rural/ UGA commercial and industrial zoning
(excluding resource-based industrial zoning).
(6) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
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(7) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(8) Adds the protections noted as missing in the no-action alternative items (9) to
(23), including the standards and Best Management Practices described below.
Alternative 3 was proposed by members of the public during the public
participation process with the Jefferson County Planning Commission. Jefferson
County Staff does not recommend this alternative because it may not comply with
constitutional requirements, including under the Second Amendment to the U.S.
Constitution.
E. Alternative 4:
(1) Prohibits outdoor CSFs in all zoning districts.
(2) Indoor CSFs allowed only as a discretionary use (without additional bright-line
rules) in all rural/UGA commercial and industrial zoning (excluding resource-
based industrial zoning).
(3) Defines "Indoor shooting facility" to include "lawful incidental sales of firearms,
ammunition, component parts, and accessories."
(4) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(5) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(6) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
Alternative 4 is the December 3, 2019 recommendation of the Jefferson County
Planning Commission to the Board of County Commissioners, made after
conducting a public hearing as part of the public participation process.
F. Alternative 5:
(1) Prohibits outdoor CSFs.
(2) Allows indoor CSFs allowed as a discretionary use in all rural/UGA commercial
and industrial zoning (excluding resource-based industrial zoning).
(3) Allows indoor CSFs in forest resource lands only with a CUP, subject to the 12
CUP approval criteria in JCC 18.40.530(Exhibit 1)and the forest resource district
protections in JCC 18.15.150 (Exhibit 3) and Table 3-1 (Exhibit 4).
(4) Limits indoor CSFs in forest resource lands for projects that qualify as Small-
Scale Recreation or Tourist Uses. Small-Scale Recreation or Tourist Uses are
limited by JCC 18.20.350(3) (Exhibit 8)
(5) Limits indoor CSFs in forest resource lands with a quota (approximately 150
acres total in the 328,785 acres of forest resource lands throughout the county).
(6) Defines "Indoor shooting facility" to include "lawful incidental sales of firearms,
ammunition, component parts, and accessories."
(7) Fixes the ambiguities identified in the no-action alternative items (2) to (5),
discussed above.
(8) Fixes the loopholes identified in the no-action alternative items (8) to (10),
discussed above.
(9) Adds the protections noted as missing in the no-action alternative items (11) to
(23), including the standards and Best Management Practices described below.
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Alternative 5 is proposed as potentially necessary to ensure compliance with
constitutional requirements, including under the Second Amendment to the U.S.
Constitution.
G. Environmental, Health, Noise and Safety Standards or Best Management
Practices Added:
(1) Operations—Title 8 Ordinance for Alternatives 1 through 5:
(a) Requires a safety and environmental health plan for operations at a CSF;
(b) Requires operations BMPs for the collection and disposal of bullets,
cartridges, and shotgun wadding;
(c) Requires operations BMPs for lead at outdoor CSFs as recommended by
USEPA Region 2 in its 2005 publication entitled Best Management Practices
for Outdoor Shooting Ranges, as it exists now or later is amended;
(d) Requires operations BMPs for lead at indoor CSFs as recommended by the
National Institute for Occupational Safety and Health (NIOSH) in its 2009
publication entitled NIOSH Alert– Preventing Exposures to Lead and Noise
at Indoor Firing Ranges, as it exists now or later is amended;
(e) Requires an operations plan for compliance with requirements under existing
law for the handling and closure of facilities for storage or use of the
hazardous substance or hazardous waste other than lead;
(f) Requires an operations plan for financial assurance consistent with existing
law for addressing any remediation of hazardous substances or hazardous
waste, other than lead resulting from operations at a CSF;
(g) Requires BMPs to maximize sound suppression for operations consistent
with the NRA Range Source Book and Chapter 8.70 JCC (noise control);
(h) Requires that operations not create a public nuisance;
(i) Contains enforcement procedures;
(j) Requires that the owner or operator maintain comprehensive general liability
insurance coverage, with a minimum coverage amount of one million dollars
for each occurrence and combined single limit and two million in the
aggregate during operation of the CSF;
(k) Requires an annual report with a current statement of general liability
insurance and any monitoring data required by an operating permit; and,
(I) Requires pre-operation, annual, and compliance inspections.
(2) Siting and Development—Title 18 Ordinance—All Alternatives:
(a) Limits the zones where a CSF can be located by, among other things,
prohibiting CSFs as part of a home business use, as part of a cottage industry
use, or as an unnamed use.
(b) Requires that all CSFs be designed to be consistent with the NRA Range
Source Book standards for shooting range design;
(c) Requires that all CSFs be designed so that when firearms are operating in
accordance with the new definition of rules and regulations ("with reference
to a CSF means requirements used for the safe operation of a CSF"), all
projectiles are kept from leaving any shooting range or the CSF;
(d) Requires a facilities plan that describes the locations of all hazardous material
storage and use, per a hazardous substance or hazardous waste
management plan, if needed;
(e) Requires that all CSFs comply with every applicable provision of the JCC
related to protection of critical areas and shorelines (and buffers for all such
areas, including but not limited to the buffers required in Chapter 18.22 JCC
(Critical Areas) and Chapter 18.25 JCC(Shoreline Master Program).
(3) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, 3, and 5 (in
addition to those in Item (2)):
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(a) Allows CSFs in forest resource lands with a CUP, subject to the 12 CUP
approval criteria in JCC 18.40.530.
(b) Limits CSFs in forest resource lands to projects that qualify as Small-Scale
Recreation or Tourist Uses.
(4) Siting and Development—Title 18 Ordinance—Alternatives 1, 2, and 5 (in
addition to those in Items (2) and (3):
(a) Limits CSFs in forest resource lands with a quota (approximately 150 acres
total in the 328,785 acres of forest resource lands throughout the county).
(5) Siting and Development—Title 18 Ordinance—Alternatives 4 and 5 only:
(a) Prohibits outdoor CSFs, except for those with that qualify for as a legal
nonconforming use under JCC 18.20.260.
This SEPA Environmental Checklist discusses all of the alternatives listed above. All alternatives or a
combination of them are actively being considered under this proposal. However, Alternative 2 and
Alternative 4 are the drafted versions of the proposal. Alternative 2 is the initial staff recommendation to the
Jefferson County Planning Commission and Alternative 4 is the Jefferson County Planning Commission
recommendation to the Board of County Commissioners. For the purposes of this Environmental Checklist,
all alternatives are considered part of the proposal.
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address if any, and section, township,
and range, if known. If a proposal would occur over a range of area, provide the range or
boundaries of the site(s). Provide a legal description, site plan, vicinity map, and
topographic map, if reasonably available. While you should submit any plans required by
the agency, you are not required to duplicate maps or detailed plans submitted with any
permit applications related to this checklist. Jhelpl
RESPONSE:
A. Not a Project Proposal: There is no "project" or "site" for this proposal. This proposal is a non-
project proposal for legislation that amends the Jefferson County Code.
B. Area of Proposal: The Jefferson County Code applies in all unincorporated areas of Jefferson
County. The only incorporated area in Jefferson County is the City of Port Townsend.
C. SEPA Review and Regulatory Protection Required at the Project Level: Under each of the
alternatives listed in the Brief & Complete Discussion in response to Question A.11, above,
including the no-action alternative, each new CSF project proposal must comply with all
applicable laws and regulations, including SEPA and its implementing regulations, and Chapter
18.40, Article X JCC (SEPA Implementation). Specifically, either Chapter 18.25 JCC (Shoreline
Master Program) or Chapter 18.22 JCC (Critical Areas Ordinance) will provide substantive
development standards that control siting and mitigate impacts. Chapters 18.15, 18.20 and 18.30
JCC for development and performance standards. For all future projects JCC 18.40.530 with the
12 CUP approval criteria (Exhibit 1) or JCC 18.15.045 with the discretionary use criteria (Exhibit
will apply.
D. Additional Protections for CSF Projects in Alternatives 1 through 5: Additional protections for
human health and the environment for Alternatives 1 through 5, compared to the no-action
alternative, in the form of BMPs or standards specific to future CSF projects are described in
detail in the Brief&Complete Discussion in response to Question A.11, above.
B. ENVIRONMENTAL ELEMENTS Jhelpl
1. Earth [helps
a. General description of the site:'help.'
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