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Home My WebLink About073 SullivanPublic Comment for ZON18-00036 Nov. 16, 2018 Please accept this public testimony for the Jefferson County Planning Commission’s debate regarding ZON18-00036. This letter is in support of the “harmonizing” updates to the Unified Development Code as recommended by Jefferson County Chief Civil Deputy Prosecutor Philip Hunsucker. Years ago, County officials told Joe D’Amico to find a more remote place for his company’s shooting range. And so began a search for a suitable parcel zoned as “inholding forest” which means no adjoining residential neighbors and almost no chance of residential encroachment. Jefferson County Central Services Director Mark McCauley, during an early meeting of the Commercial Shooting Facilities Committee (which he chaired) in 2018, held up a County zoning map and said that new commercial shooting ranges would have to be located south of State Route 104 and east of Highway 101 – exactly what Mr. D’Amico had concluded after spending years looking for an inholding parcel. If the County Commissioners mean what is said in the moratorium about wanting to protect the viability of commercial shooting ranges, the parcel near Tarboo Lake meets that goal because it is about as isolated a piece of private property as still exists in East Jefferson. There are no residential neighbors within one mile and comparatively few within two miles. The parcel is surrounded by commercial forestland owned by Pope Resources and forestland owned by the State provides a further buffer to potential residential encroachment. Mr. D’Amico did consider other inholding parcels, but they were closer to populated areas so he opted for the more remote location which happened to be near Tarboo Lake. He obtained the parcel in 2017 from a willing seller at market price. Mr. D’Amico purchased the property specifically because Jefferson County Code indicates that an inholding parcel is most suitable for a shooting range. He filed permit applications with the County in June of 2017 to start the land development process. PJ Sullivan <patrick@ssnwhq.com> Fri 11/16/2018 2:40 PM To:Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>; Cc:'Greg Overstreet' <greg@ssnwhq.com>; 1 attachment 11-16-18 Planning Commission letter.docx; Page 1 of 3Public Comment for ZON18-00036 -Planning Commission Desk 11/16/2018https://owa.co.jefferson.wa.us/owa/ Mr. D’Amico is prepared to seek a Conditional Use Permit and put his proposal before a Hearings Examiner with SEPA review and let the established public process determine the outcome. Jefferson County’s Chief Civil Deputy Prosecutor has said, repeatedly, that the County cannot legally write an ordinance that favors one specific location over another, or one specific project over another. The same standard applies to the Planning Commission. The Planning Commission also knows, through other land use issues, that the NIMBY (not in my backyard) protest defense carries no weight, otherwise nothing would be built anywhere. With more than 66 percent of Jefferson County already under state or federal control, and more land being set aside each year for conservation, there are fewer and fewer opportunities for commercial growth at the same time County leaders talk about budget problems from lack of revenue. Indeed, candidate forums this year included repeated calls from local and state-level candidates to make it easier for businesses and property owners to obtain development permits. The new Commercial Shooting Facility Ordinance has 8 layers of safety and operational rules. It requires a commercial shooting facility to be built to the same health and safety standard no matter who or how many use the facility. Containment of rounds fired is required. All users are subject to restrictions on types and caliber of rifles and handguns. Sound abatement procedures are to be detailed. The ordinance gives the County immediate authority to stop operations if the operating permit is violated. Few businesses are going to be so heavily regulated. In terms of the sound of gunfire, which based on public comment is the most common concern with the location of any commercial shooting facility, the proposed site at Tarboo Lake should not be pre- judged with the sounds that currently come from the Jefferson County Sportsmen Association ranges. The new CSF ordinance, and a variety of other operational factors some of which are to be decided in the Conditional Use Permit process, indicate that the sound of the legal gunfire – a use which is protected under state law – won’t be as widespread as some people claim. Fact Checks: -- Contrary to testimony given at the Nov. 7 Planning Commission meeting, Tarboo Lake is not the headwaters to Tarboo Creek. Browns Lake is where Tarboo Creek originates. The outflow from Tarboo Lake dries up for much of the year. --The Kitsap County ordinance the Tarboo Ridge Coalition touts as the basis for its suggested regulations has not been fully tested in court, particularly the ban on shooting around lakes. Jefferson County’s Chief Civil Deputy Prosecutor has advised the Board of County Commissioners and the Planning Commission against adoption of any boundary or setback rules which would be considered arbitrary and capricious especially when dealing with a Second Amendment right. In closing, please support the “harmonizing” updates to the Unified Development Code as recommended by Jefferson County Chief Civil Deputy Prosecutor Philip Hunsucker. Respectfully, Page 2 of 3Public Comment for ZON18-00036 -Planning Commission Desk 11/16/2018https://owa.co.jefferson.wa.us/owa/ Patrick Sullivan Port Townsend Page 3 of 3Public Comment for ZON18-00036 -Planning Commission Desk 11/16/2018https://owa.co.jefferson.wa.us/owa/ Nov. 16, 2018 Please accept this public testimony for the Jefferson County Planning Commission’s debate regarding ZON18-00036. This letter is in support of the “harmonizing” updates to the Unified Development Code as recommended by Jefferson County Chief Civil Deputy Prosecutor Philip Hunsucker. Years ago, County officials told Joe D’Amico to find a more remote place for his company’s shooting range. And so began a search for a suitable parcel zoned as “inholding forest” which means no adjoining residential neighbors and almost no chance of residential encroachment. Jefferson County Central Services Director Mark McCauley, during an early meeting of the Commercial Shooting Facilities Committee (which he chaired) in 2018, held up a County zoning map and said that new commercial shooting ranges would have to be located south of State Route 104 and east of Highway 101 – exactly what Mr. D’Amico had concluded after spending years looking for an inholding parcel. If the County Commissioners mean what is said in the moratorium about wanting to protect the viability of commercial shooting ranges, the parcel near Tarboo Lake meets that goal because it is about as isolated a piece of private property as still exists in East Jefferson. There are no residential neighbors within one mile and comparatively few within two miles. The parcel is surrounded by commercial forestland owned by Pope Resources and forestland owned by the State provides a further buffer to potential residential encroachment. Mr. D’Amico did consider other inholding parcels, but they were closer to populated areas so he opted for the more remote location which happened to be near Tarboo Lake. He obtained the parcel in 2017 from a willing seller at market price. Mr. D’Amico purchased the property specifically because Jefferson County Code indicates that an inholding parcel is most suitable for a shooting range. He filed permit applications with the County in June of 2017 to start the land development process. Mr. D’Amico is prepared to seek a Conditional Use Permit and put his proposal before a Hearings Examiner with SEPA review and let the established public process determine the outcome. Jefferson County’s Chief Civil Deputy Prosecutor has said, repeatedly, that the County cannot legally write an ordinance that favors one specific location over another, or one specific project over another. The same standard applies to the Planning Commission. The Planning Commission also knows, through other land use issues, that the NIMBY (not in my backyard) protest defense carries no weight, otherwise nothing would be built anywhere. With more than 66 percent of Jefferson County already under state or federal control, and more land being set aside each year for conservation, there are fewer and fewer opportunities for commercial growth at the same time County leaders talk about budget problems from lack of revenue. Indeed, candidate forums this year included repeated calls from local and state -level candidates to make it easier for businesses and property owners to obtain development permits. The new Commercial Shooting Facility Ordinance has 8 layers of safety and operational rules. It requires a commercial shooting facility to be built to the same health and safety standard no matter who or how many use the facility. Containment of rounds fired is required. All users are subject to restrictions on types and caliber of rifles and handguns . Sound abatement procedures are to be detailed. The ordinance gives the County immediate authority to stop operations if the operating permit is violated. Few businesses are going to be so heavily regulated. In terms of the sound of gunfire, which based on public comment is the most common concern with the location of any commercial shooting facility, the proposed site at Tarboo Lake should not be pre-judged with the sounds that currently come from the Jefferson County Sportsmen Association ranges. The new CSF ordinance, and a variety of other operational factors some of which are to be decided in the Conditional Use P ermit process, indicate that the sound of the legal gunfire – a use which is protected under state law – won’t be as widespread as some people claim. Fact Checks: -- Contrary to testimony given at the Nov. 7 Planning Commission meeting, Tarboo Lake is not the headwaters to Tarboo Creek. Browns Lake is where Tarboo Creek originates. The outflow from Tarboo Lake dries up for much of the year. --The Kitsap County ordinance the Tarboo Ridge Coalition touts as the basis for its suggested regulations has not been fully tested in court, particularly the ban on shooting around lakes. Jefferson County’s Chief Civil Deputy Prosecutor has advised the Board of County Commissioners and the Planning Commission against adoption of any boundary or setback rules which would be considered arbitrary and capricious especially when dealing with a Second Amendment right. In closing, please support the “harmonizing” updates to the Unified Development Code as recommended by Jefferson County Chief Civil Deputy Prosecutor Philip Hunsucker. Respectfully, Patrick Sullivan Port Townsend