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Home My WebLink About021020S Agenda Request for 1:30pm Public Hearing 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: February 10, 2020 RE: PUBLIC HEARING for: Ordinance Amending Ordinance No. 14-1209-19, An Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County; Hearing on February 10, 2020 at 1:30 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend, WA STATEMENT OF ISSUE: The Board of County Commissioners will conduct a Public Hearing to take public testimony on an Ordinance Amending Ordinance No. 14-1209-19, An Ordinance Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County on February 10, 2020 at 1:30 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port Townsend, WA. 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 (FDO), 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 FDO with compliance due on March 2, 2020. In the FDO, the Growth Board set a schedule of reporting by the County, objections by the Petitioner, and a response to the objections, with a telephonic compliance hearing set for April 14, 2020 at 10:00 a.m. The moratorium is intended to preserve the status quo, until the County adopts reasonable regulations that comply with the Final Decision and Order of Washington State Growth Management Hearings Board. However, the moratorium in Ordinance No. 14-1209-19 will expire on March 23, 2020, which is before the Growth Board's hearing. Therefore an extension of the moratorium is needed to preserve the status quo until final compliance with the Growth Board's FDO is achieved. A hearing is required to extend the moratorium up to a maximum of six months or until final compliance with the FDO is achieved, whichever is earlier. The proposed Ordinance to extend the moratorium would also allow for submission, acceptance, processing or approval of permits by the County necessary to perform work funded by any grant issued by the Washington Recreation and Conservation Office for noise abatement to any 1 of 2 existing commercial shooting facility with a legal non-conforming use established as of December 8, 2019. FISCAL IMPACT: The County is already scheduled to hold two other public hearings at The Commons at Fort Worden State Park on February 10, 2020. The cost of adding a third hearing at the same date and location is negligible. RECOMMENDATION: Conduct the hearing, deliberate on the hearing record and the proposed Ordinance, and provide direction to staff to prepare a final Ordinance for Board adoption at a future meeting of the BoCC. RE-VIEWED BY: 7.- --7/2 /7 e4110Z 217(24z22.-c9 maw var minty Administrator Date 1 of 2 bRA STATE OF WASHINGTON JEFFERSON COUNTY An Amendment to Ordinance No. 14-1209- } 19 Establishing a Moratorium on Commercial } ORDINANCE NO. Shooting Facilities in Unincorporated Areas } of Jefferson County } WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county legislative authorities the police power to adopt regulations necessary to protect the health, safety, and well-being of its residents; and, WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, RCW 9.41.290 provides that the State of Washington fully occupies and preempts the entire field of firearms regulations within its boundaries,and counties may only enact ordinances as expressly authorized by RCW 9.41.300; and, WHEREAS,RCW 9.41.300(2)(a)provides an exception to RCW 9.41.290 under which a county may,by ordinance,restrict the discharge of firearms in any portion of its jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized so long as such ordinance shall not abridge the right of the individual guaranteed by Article I, section 24 of the 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,on December 9,2019,the Board of County Commissioners (BoCC)adopted Ordinance No. 14-1209-19 Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County until March 23, 2020; and, 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 (FDO),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 FDO with compliance due on March 2, 2020; and, WHEREAS, in the FDO, the Growth Board set a schedule of reporting by the County, objections by the Petitioner,and a response to the objections,with a telephonic compliance hearing set for April 14, 2020 at 10:00 a.m.; WHEREAS, since the moratorium in Ordinance No. 14-1209-19 will expire on March 23, 2020, which is before the Growth Board's hearing, an extension of the moratorium is needed to preserve the status quo until final compliance with the Growth Board's FDO is achieved; and, 1 of 4 DRAFT WHEREAS, a moratorium may be extended for up to 6 months pursuant to RCW 36.70.795, RCW 36.70A.390 and Article 11, § 11 of the Washington State Constitution; and, WHEREAS, the Jefferson County Sportsmen's Association (JCSO) has received grant funding from the Washington Recreation and Conservation Office (RCO) for noise abatement at its facility located on land owned by Jefferson County; and, WHEREAS, RCO requires progress on work under the RCO grant for noise abatement; and, WHEREAS, the noise abatement upgrades at JCSO will benefit the surrounding neighborhood in increasing public safety and noise abatement; and, NOW, THEREFORE, be it ordained by the BoCC that Ordinance No. 14-1209-19 Establishing a Moratorium on Commercial Shooting Facilities in Unincorporated Areas of Jefferson County is amended as in Section 1, below. Section 1. Amendments to Ordinance No. 14-1209-19. (a) Section 1 of Ordinance No. 14-1209-19 is amended as follows: 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, except for submission, acceptance, processing or approval of permits by the County necessary to perform work funded by any grant issued by the Washington Recreation and Conservation Office for noise abatement to a commercial shooting facility with a legal non-conforming use established as of December 8, 2019. (b) Section 5 of Ordinance No. 14-1209-19 is amended as follows: Unless subsequently extended by the BoCC pursuant to state law,this moratorium adopted by this Ordinance continue shall continue until September 23, 2020 or until compliance with the Washington State Growth Management Hearings Board's Final Decision and Order in Case No. 19-2-0003c is achieved, whichever is earlier. Section 2. No Other Changes to Ordinance No. 14-1209-19. Except as amended in this Ordinance, the provisions of Ordinance No. 14-1209-19 have not been changed. Section 3. Public Hearing. Pursuant to state law, a public hearing regarding the amendment of Ordinance No. 14-1209-19 has been held by the BoCC on February 10, 2020. 2 of 4 DRAFT Section 4. Findings. The BoCC hereby adopts the above recitals (the"WHEREAS" statements) as its findings of fact in support of this Ordinance. Section 5. Effective Date. This Ordinance is effective upon adoption. Section 6. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid, then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. (SIGNATURES FOLLOW ON THE NEXT PAGE) 3 of 4 DRAFT ADOPTED this day of February, 2020, at a.m. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: Greg Brotherton, Chair David Sullivan, Member ATTEST: Kate Dean, Member APPROVED AS TO FORM: Carolyn Gallaway, CMC Philip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 4 of 4