HomeMy WebLinkAbout034 WagnerPlease see attached
Respectfully,
Justine Wagner
Executive Assistant
Security Services Northwest
Letter to Planning Commissioners
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To:
Cc:
justine@ssnwhq.com
Sat 11/10/2018 12:54 PM
Planning Commission Desk;
Philip Hunsucker;'Joe D'Amico' <joe@ssnwhq.com>;'Greg Overstreet' <greg@ssnwhq.com>;
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Page 1 of 1Letter to Planning Commissioners
11/13/2018https://owa.co.jefferson.wa.us/owa/
FORT DISCOVERY CORP.
250 Center Park Way
Sequim, WA 98382
1-877-876-4750
November 9, 2018
Jefferson County Planning Commission
621 Sheridan Street
Port Townsend, WA 98368
Re: Proposed Amendments to UDC, Title 18 Relating to Shooting Facilities
Dear Planning Commission:
I write these comments for the record on behalf of my client, Fort Discovery Corp.
On November 7, 2018 you heard testimony on the proposed amendments to the Uniform Development Code to
harmonize the UDC with the new Commercial Shooting Facilities Operating Permit Ordinance, No. 12-1102-18.
The comment period closes on November 16, 2018.
My client expects the Planning Commission to make a fair and objective recommendation to the Board of
County Commissioners. The Planning Commission’s recommendation has correctly been described by County
staff as a technical amendment to harmonize the operating permit ordinance, and my client thinks that is what
will happen.
If, however, the Planning Commission is tempted to pass zoning restrictions on my client’s proposed facility –
and there is currently no evidence of that – then my client would like to prevent any surprises and describe to
you the legal consequences of zoning his facility out of existence.
Down zoning a specific parcel of property often violates due process. As the Washington State Supreme Court
held:
Due process requires governments to treat citizens in a fundamentally fair manner. Consequently,
citizens must be protected from the fluctuations of legislative policy so that they can plan their conduct
with reasonable certainty as to the legal consequences. Property development rights constitute “a
valuable property right.” Thus new land use ordinances must satisfy due process standards by meeting a
2-part test: (1) the new regulation must aim at achieving a legitimate public purpose; and (2) the means
used to achieve that purpose must be reasonably necessary and not unduly oppressive upon individuals.
Valley View Indus. Park v. City of Redmond, 107 Wn.2d 621, 636 (1987) (emphasis added) (citations omitted).
My client will file suit to remedy any down zoning of his property.
Respectfully,
Greg Overstreet, General Counsel
Fort Discovery Corp.
greg@ssnwhq.com