HomeMy WebLinkAbout021020S Agenda Request for 2:00pm 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: HEARING on February 10, 2020 at 2:00 p.m. in The Commons at Fort Worden
State Park, 200 Battery Way, Port Townsend, WA 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.
STATEMENT OF ISSUE: The Board of County Commissioners set a hearing on February 10,
2020 at 2:00 p.m. in The Commons at Fort Worden State Park, 200 Battery Way, Port
Townsend, WA to consider the attached: (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.
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.
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
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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-%20 S IGNED.pdf.
On January 27, 2020, staff briefed the County Commissioners on its analysis of the Planning
December 3, 2019 Commission's Recommendations.
On January 13, 2020 the SEPA responsible official issued a determination of nonsiginficance
(DNS) after reviewing a January 6, 2020 SEPA Checklist (Checklist). Consistent with RCW
43.21C.030(2), WAC 197-11-060, and Washington State Department of Ecology, State
Environmental Policy Act Handbook, 43 (2018), the Checklist analyzed five non-project
alternatives, including the December 3, 2019 recommendation of the Jefferson County Planning
Commission, in addition to the no-action alternative. Five written comments were received
timely on the DNS. None of the written comments were from state or federal agencies or Indian
Tribes. After considering the two written comments, Staff expects that the SEPA responsible
official will issue a final DNS on or about February 10, 2020.
On February 7, 2020, Staff produced a detailed Staff Report on its analysis of the Planning
December 3, 2019 Commission's Recommendations.
The public can view the complete text of the proposed ordinances, the December 3, 2019
Planning Recommendations, the Checklist, Staff's January 27, 2020 presentation, and the
February 7, 2020 Staff Report on-line at www.cojefferson.wa.us.
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FISCAL IMPACT: Holding a public hearing at The Commons at Fort Worden State Park on
February 10, 2020, costs the County approximately $2,500.
RECOMMENDATION: Conduct the hearing and schedule continued deliberations on the
hearing record and the ordinances for future meetings of the BoCC.
REVIEWED BY:
(76672,9
Philip M county Administrator Date
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