HomeMy WebLinkAbout022420_ra1 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 24, 2020
RE: DELIBERATIONS for: Ordinance Amending Ordinance No. 14-1209-19, An
Ordinance Establishing a Moratorium on Commercial Shooting Facilities in
Unincorporated Areas of Jefferson County for February 24, 2020
STATEMENT OF ISSUE: The Board of County Commissioners held a hearing on February
10, 2020 to amend Ordinance No. 14-1209-19, An Ordinance Establishing a Moratorium on
Commercial Shooting Facilities in Unincorporated Areas of Jefferson County. On February 18,
2020 the Board of County Commissioners began deliberations.
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.
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.
Staff recommends that deliberations on the moratorium be held and that the Board of County
Commissioners approve an extension of the moratorium for six months or until compliance with
the FDO is achieved, whichever is earlier. In addition, staff recommends that Ordinance No. 14-
1209-19 be amended to allow owners of commercial shooting facilities who have received grants
from the Washington State Recreation& Conservation office for noise abatement be allowed to
move forward immediately.
FISCAL IMPACT: None, except for staff time involved.
RECOMMENDATION: Deliberate and potentially act to amend Ordinance No. 14-1209-19.
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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
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-the moratorium
adopted by this Ordinance continue-which ends on March 23, 2020 shall continue for an
additional six months (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.
2 of 4
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.
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, except that Section 1.(b) of
this Ordinance amending Section 5. Duration of Ordinance No. 14-1209-19 shall be effective on
March 23, 2020.
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
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, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
4 of 4
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
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,the moratorium adopted
by this Ordinance which ends on March 23, 2020 shall continue for an additional six
months (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.
2 of 4
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.
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, except that Section 1.(b) of
this Ordinance amending Section 5. Duration of Ordinance No. 14-1209-19 shall be effective on
March 23, 2020.
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
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, Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
4 of 4