HomeMy WebLinkAbout2019 09 23 BoCC Letter to PCpF
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September 23, 2019
Board of County Commissioners
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3
Michael Nilssen, Chair, Jefferson County Planning Commission
Members, Jefferson County Planning Commission
621 Sheridan Street
Port Townsend, WA 98368
RE: Referral of County Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) And
Ordinance No. 15-1214-18 (Title 18 — Land Use Code) To the Jefferson County Planning
Commission
Dear Chair Nilssen and Planning Commission Members,
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 (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. Although the County plans to file a motion for reconsideration with the Growth
Board and may appeal the decision in court, the County Commissioners are asking the Planning
Commission to begin work immediately, in coordination with County staff, on legislation to revise the
two ordinances, as outlined below.
The County will be making changes to the ordinances to comply with the Growth Board's
decision, and staff is already working on constructive ideas to bring to the Planning Commission
for your consideration. Careful analysis of the Growth Board Final Decision and Order will need
to continue to be performed by the Planning Commission and County staff, and a determination
made as to potential amendments to the ordinances to comply with Growth Board Final Decision
and Order, while also being consistent with state and federal law, so the Commissioners' original
direction in the 2017 Moratorium Ordinance may be achieved with uniform operating
requirements for both existing and new commercial shooting facilities within unincorporated
Jefferson County. We anticipate having draft amendment language for the Planning Commission
by October 16, prior to the Planning Commission setting a Public Hearing. However, to start the
process, we are referring the two existing ordinances to you now.
2. Because the Growth Board decision invalidates the two ordinances, the Commissioners passed a
6 -month moratorium in order to preserve the status quo pending new legislation. The moratorium
became effective immediately.
3. Because the Growth Board's order sets a March 2, 2020 deadline for the Board of County
Commissioners to take final action to come into compliance, there is only a short time for the
Planning Commission to make its recommendations to the County Commissioners, while
providing enough time remaining for the Board of County Commissioners to adopt legislation
before the March 2 deadline. A potential appeal by the County of the Growth Board decision
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc@co.jefferson.wa.us
does not stay the effect of the Growth Board decision during the appeal, so the work on the
ordinances needs to be done in time for the County to meet its March 2 deadline, regardless of
whether or not an appeal is eventually filed.
4. Accordingly, the Commissioners refer to the County Planning Commission both ordinances for a
recommendation on how to prepare regulations that comply both with the Growth Board's
decision and the GMA supremacy rule in the Washington Administrative Code (WAC), and to
meet the Board of Commissioner's original intent to adopt uniform operating requirements for
both existing and new commercial shooting facilities within unincorporated Jefferson County.
5. The Planning Commission's recommendation must be transmitted to the Board of County
Commissioners by December 4, 2019.
6. The Planning Commission's recommendations must comply with state and federal law. We
recognize the complexity of the work you have before you. WAC 365-196-725 states that
comprehensive plans and development regulations adopted under the GMA are subject to the
supremacy principle of Article VI, United States Constitution and of Article XI, Section 11,
Washington state Constitution.
7. We expect staff to provide recommended changes, along with a staff report, to the Planning
Commission before the October 16, 2019 regularly scheduled Planning Commission meeting.
We also note that the Planning Commission's work on these two ordinances will be done in the limited
time window before the Planning Commission once again takes up and then completes work on the
Update to the Critical Areas Ordinance (CAO). The Critical Areas Regulatory Reform Task Force is
scheduled to issue its recommendations by November 18, 2019, and County staff will prepare a revised
Draft Update to the CAO for the Planning Commission to consider starting November 29, 2019. The
Planning Commission's recommendations on the CAO Update will be due to the County Commissioners
by January 17, to allow the County Commissioners time to adopt an Update to the Critical Areas
Ordinance by February 28, 2020.
The County faces tight deadlines for both the commercial shooting facility regulations and the Update to
the Critical Areas Ordinance. We recognize the deadlines faced by the County also impact the Planning
Commission. There is much work now on the Planning Commission's plate to be completed in the
coming four months.
We sincerely thank each Planning Commission member for your service on both of these projects. We
look forward to receiving the Planning Commission's recommendations on the comm cial shooting
facility regulations, Ordinance No. 12-1102-18 (Title 8 - Health and Safety Code) an Ordinance No. 15-
1214-18 (Title 18 — Land Use Code) on December 4, 2019.
Sincerely,
Kate'dean, Chair David ullivan, Member Greg Brotherton, ember
ATTACHMENTS: - Ordinance No. 12-1102-18 and Ordinance No. 15-1214-18
Western Washington Growth Management Hearings Board Final Decision and
Order; Case No. 19-2-0003c, September 16, 2019
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