HomeMy WebLinkAbout2018 Phillip Hunsucker Staff Presentation to the Planning Commission11/6/2018
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Planning Commission Hearing
November 7, 2018 on:
Ordinance to Close Potential
Loopholes in Title 18 JCC
Presentation
by
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
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Agenda
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Agenda
1.Outlining the Commercial Shooting Facility Ordinance
(CSFO) adopted by the Board of County Commissioners
(BoCC) on November 2, 2018, amending Title 8 JCC.
2.Closing the Potential Loopholes in Title 18 JCC, using the
proposed ordinance referred by the BoCC to the Planning
Commission on September 9, 2018.
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https://www.merriam-webster.com/dictionary/loophole
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Source: https://panethos.wordpress.com/2011/08/03/loophole-land-uses%C2%A0are-coming%C2%A0to-town/, which references
http://www.hedgefundlounge.com/2010/04/loopholes-in-dodds-legislation/.
ADOPTED: 12/18/17 ENDS: 12/17/18
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Background
Ordinance No. 05-1218-17 (Moratorium )
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Background
•12/18/17:
1.Adoption:The BoCC adopted a moratorium on commercial shooting
facilities in unincorporated Jefferson County to allow for the development
of a draft CSFO.
2.Workplan:Moratorium has a work plan that requires development of a
draft CSFO by 8/23/18—with input from a review committee.
3.Ends:Moratorium is for one year—ending on 12/17/18.
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During the Moratorium,Development on CSFs Is Frozen
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Background
•8/23/18:
1.Review Committee:Review committee concludes 40+ hours of work to
develop draft CSFO.
2.Report & Draft CSFO: Staff submits staff report to the BoCC, along with
draft CSFO under Title 8 JCC, the Health and Safety Code.
3.Staff Recommendation:Staff report recommends referring a short
ordinance to the Planning Commission to harmonize Title 18 JCC (the
Uniform Development Code) with the draft CSFO.
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Background
•9/9/18:BoCC refers the Title 18 JCC Ordinance to the Planning
Commission.
•9/19/18:Staff Presentation to the Planning Commission on the development
of the draft CSFO and language in Title 18 JCC that should be modified.
•10/17/18: Planning Commission approves hearing notice for this hearing.
•10/24/18:BoCC holds hearing on draft CSFO.
•10/26/18:Public comment period ends on draft CSFO.
•11/2/18:After public comment and deliberations, BoCC approves CSFO
(with changes).
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What’s the Hurry?
ADOPTED: 12/18/17 ENDS: 12/17/18
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Ordinance No. 05-1218-17 (Moratorium )
What’s the Hurry?
•The County’s position is the vested rights doctrine is limited to completed applications for 3
types of land use decisions in which vested rights are written into the statute, namely to building
permits, a proposed division of land and development agreements. RCW 19.27.095(1), RCW
58.17.033(1), RCW 36.70B.180; Erickson & Assocs., Inc. v. McLerran, 123 Wash. 2d 864, 868,
872 P.2d 1090, 1093 (1994), Abbey Rd. Grp., LLC v. City of Bonney Lake, 167 Wash. 2d 242,
251, 218 P.3d 180, 183 (2009), Town of Woodway v. Snohomish Cty., 180 Wash. 2d 165, 173,
322 P.3d 1219, 1223 (2014).
•However, the Washington Supreme Court limited its holding in a vested rights case in 2017 and
did not reach this issue. Snohomish Cty. v. Pollution Control Hearings Bd., 187 Wash. 2d 346,
359, 386 P.3d 1064, 1070 (2016), as amended (May 2, 2017), reconsideration denied (May 10,
2017).
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Potential for a Completed Application to Vest to Existing Code If Changes
Not Made Before the End of the Moratorium:
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What’s the Hurry? The Moratorium Freeze Will Melt On 12/17/18.
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Ordinance No. 12-1102-
18 (CSFO )
ADOPTED: 11/2/18
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Only Amends Title 8 JCC—
the Health and Safety Code
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Commercial Shooting Facilities Ordinance
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.
(a) Facility Design Plan;
(b) Safety Plan;
(c) Operations Plan;
(d) Environmental Plan;
(e) Noise Abatement Plan;
(f) Professional Evaluation;
(g) Certification; and,
(h) A list of all property owners prepared by a title company within the distance of the safety fan,
but no less than one mile.
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ADOPTED: 11/2/18
Commercial Shooting Facilities Ordinance
8.50.250 Minimum Standards.
8.50.260 Administrative Remedy for Decisions Made by the Director. (Appeal to
Hearing Examiner.)
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 Conflicts with JCC 18.20.350(8) and Limitations on the Applicability of
this Article.
8.50.320 Warning and Disclaimer of Liability.
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ADOPTED: 11/2/18
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Current Title 18 JCC
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Current JCC 18.20.350(8)
Three Points
Current Title 18 JCC Specifically Authorizes “Outdoor Shooting Ranges” in
CF, RF, and IF Zones with a conditional use permit (CUP).
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Point 1
Point 2
Point 2
Current Title 18 JCC for Outdoor Shooting Ranges Has Potential
Loopholes.
A.Just Because Current Title 18 Only Specifically Mentions “Outdoor
Shooting Ranges” in the Context of “Small-Scale Recreation and
Tourist Uses” Does Not Mean that Commercial Shooting Facilities
Could Not Currently Be Allowed.
B.A Person Seeking to Have Approved A Commercial Shooting Facility
Could Use An “Unnamed Use” Under JCC 18.15.045
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Current JCC Authorizes “Outdoor Shooting Ranges
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18.20.350 Small-scale recreation and tourist uses.
(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 18.15.572.
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:
(j)Outdoor shooting and archery ranges;
(n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size;
q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size.
Current Use Table
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Allows Outdoor Shooting
Ranges:
(1) In CF, RF, and IF Zones;
and,
(2) Pursuant to a Conditional
Use Permit.
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“Small Scale”
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Not
Defined
Not
DefinedNot
Defined
Not
Defined
Not
Defined
Current Code On Outdoor Shooting Range: JCC 18.20.350(8)
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Outdoor Shooting Range Definition:
Current Code On Outdoor Shooting Range: JCC 18.20.350(8)
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JCC 18.10.150: Outdoor Shooting Range.
(See “Shooting range.”)
JCC 18.10.190: “Shooting range” means 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.
Not
Defined
Not
Defined
No
Regulation
Deficiencies for Regulating CSFs Include:
Not
Defined
Current Code Has 9 “Standards”: JCC 18.20.350(8)(a)
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(a) They shall be located, designed, constructed and operated to prevent the likelihood of
discharge of ammunition beyond the boundaries of the parcel where they occur;
Not
Defined
No regulation of the types of
weapons or caliber of bullets
Deficiencies for Regulating CSFs Include:
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Current Code Has 9 “Standards”: JCC 18.20.350(8)(b)
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(b) The National Rifle Association’s Range Manual shall be consulted and used in the
development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations
for outdoor shooting ranges shall be used as minimum guidelines in the design and
construction of shooting ranges;
There is no “NRA Range
Manual.” There is a document
called the NRA Source Book.
Which Version?
Deficiencies for Regulating CSFs Include:
Current Code Has 9 “Standards”: JCC 18.20.350(8)(d)
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(d) The shooting areas shall be surrounded by an eight-foot-high noise barrier in the form
of an earth berm or wall, or be located in a minimal eight-foot deep depression;
Deficiencies for Regulating CSFs Include:
Uncertain this requirement alone
would mitigate noise impacts without
and understanding of the types of
weapons or caliber of bullets.
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Current Code Has 9 “Standards”: JCC 18.20.350(8)(i)
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(i) In the consideration of an application for permit, the approval authority shall take into
account both safety and noise factors, and may prescribe additional conditions with respect
thereto.
Lack of specificity makes
regulation difficult.
Deficiencies for Regulating CSFs Include:
18.15.045 Unnamed uses.
This code recognizes that not every conceivable use can be identified and that
new uses may evolve over time.Furthermore, it establishes the administrator’s
authority to review proposed “unnamed” uses for similarity with other uses
listed in this code and to ensure consistency of the proposed use with the
applicable district. When a use is not specifically listed in Table 3-1 (or, if proposed
within the Irondale and Port Hadlock UGA, in Chapter 18.18 JCC), it shall be
reviewed as a discretionary “D” use by the administrator, using a Type II process
specified in Chapter 18.40 JCC. The administrator shall use the criteria contained in
JCC 18.15.040(2) to determine and establish whether the proposed unnamed use
shall be classified as an allowed use, a conditional use, or prohibited within the
applicable district.
Unnamed Uses—JCC 18.15.045
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“Unnamed Uses” Code Is A Potential Loophole that Should Be Closed
•Unnamed Uses Code Is a Potential Loophole.
•How to Close the Potential Loopholes—Recommend Staff’s
Proposed Title 18 JCC Ordinance including:
1.Adding the New Definitions Proposed:
A.Commercial Shooting Facility.
B.Indoor Facility.
2.Adding Commercial Shooting Facility and Indoor Facility to
Table 3-1.
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Draft Title 18 JCC
Ordinance and Proposed
Recommendation to the
BoCC
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Draft Title 18 Ordinance
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Staff Recommendation
1.Fix Title 18:Close the Potential Title 18
Loopholes.
2.Make A Timely Recommendation:
Recommend As Is the Draft Title 18
JCC Parallel Ordinance to the BoCC.
3.Beat the Melt Date:
Give the BoCC enough time to consider
the Planning Commission’s
recommendations and pass a parallel
Title 18 Ordinance before the
moratorium ends on December 17,
2018.
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Remember:
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Source: https://panethos.wordpress.com/2011/08/03/loophole-land-uses%C2%A0are-coming%C2%A0to-town/which references
http://www.hedgefundlounge.com/2010/04/loopholes-in-dodds-legislation/.
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THANK YOU.
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