FRANKLIN COUNTY PLANNING COMMISSION MINUTES April 1, 2008

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1 FRANKLIN COUNTY PLANNING COMMISSION MINUTES April 1, 2008 MEMBERS PRESENT: David Piovesan, Lois Hanses, Bruce Flippo, Burl Booker, and Claude Pierret. MEMBERS ABSENT: Gary Bosch and Flo Sayre. The Franklin County Planning Commission was called to order at 7:00 p.m. by Planning Commission Chairman David Piovesan. A quorum was present. APPROVAL OF MINUTES: Claude Pierret made a motion to approve the March 4, 2008 minutes as written. Lois Hanses seconded the motion. Motion carried APPROVAL OF AGENDA: Claude Pierret made a motion to approve the agenda as written. Bruce Flippo seconded the motion. Motion carried ITEM #1 SUB , an application by Stan Stinson (RGW Enterprises), 3100 George Washington Way, Richland, WA for a preliminary plat subdivision. Said application is to subdivide approximately 20 acres into fourteen (14) single family residential lots. The property is zoned Rural Community 1 (RC 1). The average lot size in the development is approximately 1.2 acres in size and the largest lot is approximately 2.14 acres. The land is located within the City of Pasco s Urban Growth Area Boundary (formerly Rural Shoreline Area) as designated in the Franklin County Comprehensive Plan. The 20 acres of land is located north of the City of Pasco, west of Taylor Flats Road, east of Kohler Road, along the west side of the north south portion of Dent Road (Parcel Number ). APPLICANT: Stan Stinson (RGW Ent.), 3100 George Washington Way, Richland, WA OWNER: RMPK, LLC, West Court Street, Pasco, WA

2 OPEN PUBLIC HEARING/STAFF REPORT: Greg Wendt presented the staff report for the subdivision application (SUB ). APPLICATION DESCRIPTION: The applicant has submitted a preliminary plat, known as Pelican Pointe, to subdivide approximately 20 acres into fourteen (14) single family residential lots. The property is zoned Rural Community 1 (RC 1). The average lot size in the development is approximately 1 acre in size and the largest lot is approximately 2.58 acres in size. The land is located within the City of Pasco s Urban Growth Area. The 20 acres has frontage along the north south portion of Dent Road. The developer is proposing that the development be provided with irrigation water, as well as fire suppression water, and each lot be eligible for septic tanks and single family wells. If approved, Preliminary Approval will allow the applicant 5 years to complete and record the final subdivision plat. PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on March 13, Property Owners within 500 feet were mailed notice during the 1 st week of March The Planning Staff mailed out review packets to Technical Agencies on March 3, APPLICABLE STANDARDS/ORDINANCES: 1. County Development Regulations, Chapter 9, RC 1 Zoning 2. County Subdivision Ordinance # County Comprehensive Plan AGENCY COMMENTS/CRITERIA FOR FINDINGS OF FACT: 1. County Public Works Department: The following are our comments regarding the above referenced subdivision: a. In accordance with Franklin County's Subdivision Ordinance section 6.3(2), the final plat shall be accompanied with closure notes showing the calculations and method of balancing used for error of closure; b. The plat is also missing all of the standard signature blocks, dedications, title blocks, notes, etc., that are normally found on a standard plat of a subdivision. c. The 30 foot and 60 foot of right of ways for Dent Road, Road A, and Road C shall be shown on the plat as dedicated; d. The owner(s) shall construct Road A and Road C shown on the plat, to the current county standards for hard surfaced roads. They (the owners) shall also submit design and construction plans certified and stamped by a licensed professional engineer including drainage notes, calculations or statements on how the drainage will be taken care of. The drawings shall be as built after construction and a Mylar

3 copy submitted to Public Works for their records prior to being accepted into the county road system. e. Permanent control monuments shall be installed at the intersections of Road A and Road B with Dent Road, at the intersection of Road A and Road C and at PC and PT points of curves; f. The developer s contractor shall contact the Franklin County Public Works Department regarding construction schedules, inspection and testing requirements and general construction issues prior to construction beginning on any roads. Add the following notes to the plat: * Approach permits are required for any new approaches onto county roads. * Lot owners shall agree to participate in future L.I.D. / R.I.D. for roads, drainage, curb and gutters, streetlights, storm sewers, water, and/or sanitary sewers. * All access to lots shall be from the interior roads (Road A & Road C). No access will be allowed onto Dent Road. 2. Benton Franklin Health District: Applicant shall meet and comply with the standards of the Benton Franklin Health Department. (See letter dated March 19, 2008). 3. Big Bend Electric Inc.: Applicant shall meet and comply with standards of Big Bend Electric Inc. 4. Assessor/Cartographer: Prior to final review and approval the applicant shall submit a copy of the Final Plat to the Cartographer for review of the Final Plat Survey. The Plat shall be reviewed for legal descriptions, signature blocks, dedications, etc. 5. US Bureau of Reclamation: Applicant shall meet and comply with the requirements of the US Bureau of Reclamation. Please see letter addressed to the Planning Department dated March 12, South Columbia Basin Irrigation District: A private irrigation system has been designed to supply water to all the lots in the proposed subdivision. 7. City of Pasco: The proposed plat is located in the Pasco UGA. As such development of plats within the UGA are to conform to the development standards of the City. County Planning policies (pg 11 of the County Plan) indicate developments within the UGA should be developed so as to avoid substandard conditions that would later burden the public with unnecessary costs to correct. Improvements for the proposed plat necessary to avoid future costs to tax payers are listed as follows: a. Engineering Comments: See memo attachment from Public Works Dept., Engineering Division dated March 10, 2008.

4 Traffic Impacts: Development of the lots within the proposed plat will increase daily traffic on City & County streets. The cumulative impacts of proposed subdivisions within the Pasco UGA are noticeable at major intersections. To accommodate subdivision growth in West Pasco including the unincorporated areas the City has been and will continue to upgrade major intersections with signals and other improvements. All development in the UGA including development in the unincorporated areas is impacting our transportation level of service. To ensure transportation needs are met for all new UGA development, lots in this plat should participate in the standard traffic impact fee of $300 a lot at the time permits are issued. Per County Development Standard Policy 1 (16) (pg 12 of Comp. Plan) approval of the plat should be conditioned with the $300 a lot traffic impact fee. Park Impacts: Development of the lots within the proposed plat will increase demand for park and recreation services. The County no longer maintains Chiawana Park for the benefit of existing and future County residents. Additionally the County currently makes no provisions to ensure additional neighborhood parks are developed to serve the growth that the County is approving. To ensure UGA park needs are met the County should be requiring the dedication of park land or assessing park development fees with approval of all new developments. To ensure park needs are met for all new UGA development lots in this plat should participate in the standard park impact fee of $583 a lot at the time permits are issued. Per County Development Standard Policy 1 (16) (pg 12 of Comp. Plan) approval of the plat should be conditioned with the $583 a lot park impact fee. 8. Fire District #3: The proposed project is located within an area of the County that is in the City of Pasco Urban Growth Area Boundary. The area in question does not have city water readily available to it for providing fire protection and/or potable water. With this in mind, Fire District # 3 and the Franklin County Fire Code Official have determined the following requirement for this subdivision application to help meet the need for fire protection, along with facilitating the future connection of this subdivision to the city municipal water system: The subdivision shall be provided with an 18,000 gallon storage capacity with the capability to produce 500GPM for thirty minutes. Water line and fire hydrant installation shall comply with city standards within the internal portions of the proposed subdivision. Fire protection plans detailing the design, function, and maintenance of the facility and associated lines shall be submitted to the Fire Code Official and Fire District #3 for preliminary review and approval. Improvements shall be completed prior to final plat approval. 9. County Fire Code Official: The developer and/or the property owner(s) shall maintain this subdivision free of any fire hazards, including but not limited to weeds, debris, and/or other nuisances. This area is located in FD #3 of Franklin County State of Washington. The water system for fire suppression is to be the same as Subdivision Hydrants shall be installed to city standards and the water reservoir shall be at least 18,000 gallons of storage capacity.

5 10. County Planning Department: The County Planning Department has determined the following for this application: a. The land to be subdivided is zoned Rural Community 1 (RC 1). b. The land is located within the Pasco Urban Growth Area as designated in the Franklin County Comprehensive Plan. c. The Final Plat shall be developed by a licensed Surveyor. d. Applicant has stated that an approved irrigation source (separate from individual lot owners exempt single family wells) will be provided. With this, the development shall be in accordance with Department of Ecology and Department of Health standards for the use of single family wells with an outside irrigation source. e. Applicant shall provide verification that an approved irrigation source will be provided to the lots. This shall be completed prior to final plat approval. If this verification cannot be provided, re application of the subdivision plat shall occur and compliance with the State Department of Health and Department of Ecology standards for single family wells shall continue to apply. f. The following language shall be put on the face of the plat: 1) All lots within this development are collectively limited to NO more than 5,000 gallons a day of ground water withdrawal from the individual exempt wells; and 2) All lots within this development shall at all times have an outside irrigation source (separate from individual single family wells) provided to them for the life of this development. g. Any structure that is proposed to be placed on a slope that is 15% or greater shall obtain and comply with the requirements of a geo technical engineered report at the time of building permit review. This statement shall be placed on the plat. h. During construction on each property, all construction debris shall be maintained on site and properly disposed of. Dust control measures including an adequate water supply shall be provided. This statement shall be placed on the Plat. i. The land shall be in compliance with the County Fire and Nuisance codes at all times. j. The following shall be complied with for Enhanced 911 Emergency purposes: Address blocks shall be provided for all new lots. Addresses should be gained via the Planning Department in coordination with the County s Enhanced 911 Coordinator. k. The Final Plat shall be developed in accordance with the County Subdivision Ordinance. See Chapter 6 of Ordinance for specifications. Signature blocks and requirements shall be provided for the following: Franklin PUD or Big Bend REA; Chair, Franklin County Planning Commission; Chair, Board of County Commissioners; United States Bureau of Reclamation; South Columbia Basin Irrigation District; Benton Franklin Health Department; County Engineer; County Treasurer; County Assessor; and County Auditor. l. Lots 1 14 are subject to Park Dedication Fees ($ per new lot/expected new dwelling unit). These fees may be paid prior to recording the final subdivision plat or at the time when a building permit is to be issued for the applicable lot(s). If the applicant chooses to not pay the fees prior to recording, then a statement shall be placed on the plat stating that Park Dedication Fees apply to Lots 1 14 and shall be paid prior to building permit issuance for a new home on each applicable lot. m. Preliminary plat approval is valid for a five (5) year period following approval by the Board of County Commissioners.

6 n. After final plat recording, one (1) paper copy and one (1) electronic copy (disk, cd, or e mail pdf) of the recorded plat shall be distributed to the Planning Director and one (1) paper copy to the County Assessor. o. Lots 1 and 6 shall not have access onto Dent Road. Access for Lot 6 shall be from Road C. Access for Lot 1 shall be from Road A. This statement shall be placed on the plat. p. Fencing for Subdivision: In coordination with the applicant, internal subdivision fence requirements are as follows: A 6 high solid estate type fence shall be placed along Dent Road (east side of Lots 1, 6, and Tract A). All fence construction must meet and comply with county standards. Fence placement shall be in compliance with the vision triangle standards. The maintenance of the fence shall be the responsibility of each lot owner. This statement shall be placed on the plat. q. The following language shall be put on the face of the plat: Maintenance and landscaping plans for Tract A shall be reviewed and approved by the County Planning and Building Department. Signage and the fire suppression water reservoir located on Tract A shall be reviewed by the County Planning and Building Department and a building permit may be required. Tract A shall be landscaped and maintained by the developer or the homeowner s association. r. All internal subdivision signage must meet and comply with county sign standards. This statement shall be placed on the plat. RECOMMENDATION: (SUB ) According to Chapter 5 (Preliminary Plats) of the Franklin County Development Regulations (Subdivisions), the Planning Commission shall: 1. Make and enter findings of fact from the record and conclusions thereof. 2. Shall render a recommendation to the Board of Commissioners as to whether the proposal be denied, approved, or approved with modifications and/or conditions. Findings of Fact Criteria by Planning Commission: The planning commission shall make and enter findings from the record and conclusions thereof as to whether or not: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, roads, alleys, or other public ways, water supplies, sanitary wastes, parks, playgrounds and other public needs; 2. The proposed subdivision contributes to the orderly development and land use patterns in the area; 3. The public use and interest will be served by permitting the proposed subdivision; 4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the Board of County Commissioners; 5. The proposed subdivision conforms to the comprehensive plan and zoning requirements; 6. The proposed subdivision conforms to the general purposes of the Subdivision Ordinance. Staff: The Franklin County Planning Department staff recommends that the Planning Commission forward a POSITIVE RECOMMENDATION to the Board of County Commissioners for application, SUB This POSITIVE RECOMMENDATION be forwarded with the following findings of fact/conditions of approval:

7 Findings of Fact: 1. Adequate provisions have been made for the public health, safety and general welfare and for open spaces, drainage ways, roads, alleys, or other public ways, water supplies, sanitary wastes, parks, playgrounds and other public needs; 2. The proposed subdivision does contribute to the orderly development and land use patterns in the area; 3. The public use and interest will be served by permitting the proposed subdivision; 4. The proposed subdivision does conform to the general purposes of any applicable policies or plans which have been adopted by the Board of County Commissioners; 5. The proposed subdivision does conform to the comprehensive plan and zoning requirements; 6. The proposed subdivision does conform to the general purposes of the Subdivision Ordinance. Conditions of Approval: 1. The applicant has submitted a preliminary plat to subdivide approximately 20 acres into fourteen (14) single family residential lots. The property is zoned Rural Community 1 (RC 1). The average lot size in the development is approximately 1 acre in size and the largest lot is approximately 2.58 acres. The land is located within the City of Pasco s Urban Growth Area Boundary. The 20 acres has frontage along the north south portion of Dent Road and the developer is proposing that the development be provided with irrigation water. The lots will be eligible for septic tanks and single family wells, subject to Health approval. The 20 acres of land is located north of the City of Pasco, west of Taylor Flats Road, east of Kohler Road, along the west side of the north south portion of Dent Road ( ). 2. County Public Works Department: The following are our comments regarding the above referenced subdivision: a. In accordance with Franklin County's Subdivision Ordinance section 6.3(2), the final plat shall be accompanied with closure notes showing the calculations and method of balancing used for error of closure; b. The plat is also missing all of the standard signature blocks, dedications, title blocks, notes, etc., that are normally found on a standard plat of a subdivision. c. The 30 foot and 60 foot of right of ways for Dent Road, Road A, and Road C shall be shown on the plat as dedicated; d. The owner(s) shall construct Road A and Road C shown on the plat, to the current county standards for hard surfaced roads. They (the owners) shall also submit design and construction plans certified and stamped by a licensed professional engineer including drainage notes, calculations or statements on how the drainage will be taken care of. The drawings shall be as built after construction and a Mylar copy submitted to Public Works for their records prior to being accepted into the county road system.

8 e. Permanent control monuments shall be installed at the intersections of Road A and Road B with Dent Road, at the intersection of Road A and Road C and at PC and PT points of curves; f. The developer s contractor shall contact the Franklin County Public Works Department regarding construction schedules, inspection and testing requirements and general construction issues prior to construction beginning on any roads. Add the following notes to the plat: * Approach permits are required for any new approaches onto county roads. * Lot owners shall agree to participate in future L.I.D. / R.I.D. for roads, drainage, curb and gutters, streetlights, storm sewers, water, and/or sanitary sewers. * All access to lots shall be from the interior roads (Road A & Road C). No access will be allowed onto Dent Road. 3. Applicant shall meet and comply with the standards of the Benton Franklin Health Department. (See letter dated March 19, 2008). 4. Applicant shall meet and comply with the standards of Big Bend Electric Inc. 5. Prior to final review and approval the applicant shall submit a copy of the Final Plat to the Assessor/Cartographer, for review of the Final Plat Survey. The Plat shall be reviewed for legal descriptions, signature blocks, dedications, etc. 6. Applicant shall meet and comply with the requirements of the US Bureau of Reclamation. Please see letter addressed to the Planning Department dated March 12, Fire District #3 and County Fire Code Official: The proposed project is located within an area of the County that is in the City of Pasco Urban Growth Area Boundary. The area in question does not have city water readily available to it for providing fire protection and/or potable water. With this in mind, Fire District # 3 and the Franklin County Fire Code Official have determined the following requirement for this subdivision application to help meet the need for fire protection, along with facilitating the future connection of this subdivision to the city municipal water system: The subdivision shall be provided with an 18,000 gallon storage capacity with the capability to produce 500GPM for thirty minutes. Water line and fire hydrant installation shall comply with city standards within the internal portions of the proposed subdivision. Fire protection plans detailing the design, function, and maintenance of the facility and associated lines shall be submitted to the Fire Code Official and Fire District #3 for preliminary review and approval. Improvements shall be completed prior to final plat approval. The developer and/or the property owner(s) shall maintain this subdivision free of any fire hazards, including but not limited to weeds, debris, and/or other nuisances.

9 8. The County Planning Department has determined the following for this application: a. The land to be subdivided is zoned Rural Community 1 (RC 1). b. The land is located within the Pasco Urban Growth Area as designated in the Franklin County Comprehensive Plan. c. The Final Plat shall be developed by a licensed Surveyor. d. Applicant has stated that an approved irrigation source (separate from individual lot owners exempt single family wells) will be provided. With this, the development shall be in accordance with Department of Ecology and Department of Health standards for the use of single family wells with an outside irrigation source. e. Applicant shall provide verification that an approved irrigation source will be provided to the lots. This shall be completed prior to final plat approval. If this verification cannot be provided, re application of the subdivision plat shall occur and compliance with the State Department of Health and Department of Ecology standards for single family wells shall continue to apply. f. The following language shall be put on the face of the plat: 1) All lots within this development are collectively limited to NO more than 5,000 gallons a day of ground water withdrawal from the individual exempt wells; and 2) All lots within this development shall at all times have an outside irrigation source (separate from individual single family wells) provided to them for the life of this development. g. Any structure that is proposed to be placed on a slope that is 15% or greater shall obtain and comply with the requirements of a geo technical engineered report at the time of building permit review. This statement shall be placed on the plat. h. During construction on each property, all construction debris shall be maintained on site and properly disposed of. Dust control measures including an adequate water supply shall be provided. This statement shall be placed on the Plat. i. The land shall be in compliance with the County Fire and Nuisance codes at all times. j. The following shall be complied with for Enhanced 911 Emergency purposes: Address blocks shall be provided for all new lots. Addresses should be gained via the Planning Department in coordination with the County s Enhanced 911 Coordinator. k. The Final Plat shall be developed in accordance with the County Subdivision Ordinance. See Chapter 6 of Ordinance for specifications. Signature blocks and requirements shall be provided for the following: Franklin PUD or Big Bend REA; Chair, Franklin County Planning Commission; Chair, Board of County Commissioners; United States Bureau of Reclamation; South Columbia Basin Irrigation District; Benton Franklin Health Department; County Engineer; County Treasurer; County Assessor; and County Auditor. l. Lots 1 14 are subject to Park Dedication Fees ($ per new lot/expected new dwelling unit). These fees may be paid prior to recording the final subdivision plat or at the time when a building permit is to be issued for the applicable lot(s). If the applicant chooses to not pay the fees prior to recording, then a statement shall be placed on the plat stating that Park Dedication Fees apply to Lots 1 14 and shall be paid prior to building permit issuance for a new home on each applicable lot. m. Preliminary plat approval is valid for a five (5) year period following approval by the Board of County Commissioners.

10 n. After final plat recording, one (1) paper copy and one (1) electronic copy (disk, cd, or e mail pdf) of the recorded plat shall be distributed to the Planning Director and one (1) paper copy to the County Assessor. o. Lots 1 and 6 shall not have access onto Dent Road. Access for Lot 6 shall be from Road C. Access for Lot 1 shall be from Road A. This statement shall be placed on the plat. p. Fencing for Subdivision: In coordination with the applicant, internal subdivision fence requirements are as follows: A 6 high solid estate type fence shall be placed along Dent Road (east side of Lots 1, 6, and Tract A). All fence construction must meet and comply with county standards. Fence placement shall be in compliance with the vision triangle standards. The maintenance of the fence shall be the responsibility of each lot owner. This statement shall be placed on the plat. q. The following language shall be put on the face of the plat: Maintenance and landscaping plans for Tract A shall be reviewed and approved by the County Planning and Building Department. Signage and the fire suppression water reservoir located on Tract A shall be reviewed by the County Planning and Building Department and a building permit may be required. Tract A shall be landscaped and maintained by the developer or the homeowner s association. r. All internal subdivision signage must meet and comply with county sign standards. This statement shall be placed on the plat. PROPONENTS: Stan Stinson (RGW Enterprises), 3100 George Washington Way, Richland, WA OPPONENTS: None. CLARIFICATION OF PUBLIC STATEMENTS: Bob Greeno, 1 Carnation Court, Pasco, WA There was clarification amongst the planning commission, staff, the applicant, and members in the audience in regards to the source of water for Tract A, fire suppression, irrigation water, well water back up on Lot # 14, etc. PLANNING COMMISSION DISCUSSION: There was discussion amongst the planning commission, staff, the applicant, and members in the audience in regards to the fence being located on Tract A, fencing description for both developments along Dent Road, will the internal roads eventually go through to the west, flow meters will be required for the wells, 60 right of way and why so much, Tim Fife (Franklin County Public Works Director) will be visiting the Planning Commission for discussion at an upcoming meeting, etc. MOTION:

11 Claude Pierret made a motion for the approval of the subdivision application (SUB ) with the findings of fact and conditions of approval as specified in the staff report, with a modification to conditions of approval # 8 (o) and 8 (p) fencing and road access clarifications. Lois Hanses seconded the motion, including the specified modifications. ROLL CALL: Lois Hanses Yes David Piovesan Yes Flo Sayre Absent Claude Pierret Yes Gary Bosch Absent Bruce Flippo Yes Burl Booker Yes Motion carried (unanimous) for the approval of this application SUB ITEM #2 ZC , an application by David Greeno, Eagle Reach Court, Pasco, WA for a zoning designation change. Said application is to change the zoning classification on approximately 4.97 acres (gross) currently zoned Retail Business Zone (C 1) and Office Zone (O). The rezone involves changing the 4.97 acres from Office and Retail Business to Medium Density Residential (R 2). The total parcel size is approximately 9.42 acres. The rezone is being proposed with the intent to construct site built single family homes on the site. The land is located within the City of Pasco s Urban Growth Area Boundary on land located between Road 52 and Road 54 along the south side of Court Street (Parcel Number ). APPLICANT: David Greeno, Eagle Reach Court, Pasco, WA OWNER: Wayne and Charlotte Steele, West Court Street, Pasco, WA OPEN PUBLIC HEARING/STAFF REPORT: Greg Wendt presented the staff report for the zone change application (ZC ). APPLICATION DESCRIPTION: This application is to change the zoning classification on approximately 4.97 acres (gross) currently zoned Retail Business Zone (C 1) and Office Zone (O). The rezone involves changing the 4.97 acres from Office and Retail Business to Medium Density Residential (R 2) zoning. The Urban Area Comprehensive Plan designates this entire property for Mixed Residential/Commercial, Mixed Residential, and Low Density uses. The total parcel size is approximately 9.42 acres. The rezone is being proposed for the northern portion (approximately 4.97 acres) of the parcel with the intent to construct site built single family homes on the site. The land is located within the City of Pasco s Urban Growth Boundary. Currently, the 9.42 acre parcel is zoned under three (3) different designations: 1. The southern portion of the parcel is zoned Residential Suburban 20,000 (RS 20). 2. The northwestern portion of the parcel is zoned Office Zone (O). 3. The northeastern portion of the parcel is zoned Retail Business Zone (C 1).

12 PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on March 13, Property Owners within 500 feet were mailed notice during the 1 st week of March The Planning Staff mailed out review packets to Technical Agencies on March 3, AGENCY COMMENTS/CRITERIA FOR FINDINGS OF FACT: a. County Planning Department: In reviewing this application, the Planning Department staff has found the following. i. This application is to change the zoning classification on approximately 4.97 acres of land that is currently zoned Office Zone (O) and Retail Business Zone (C 1). The total parcel size is approximately 9.42 acres. The rezone involves changing the northern portion of the parcel from Office Zone (O), and Retail Business Zone (C 1) to Medium Density Residential (R 2) zoning. ii. iii. iv. The land is located within the City of Pasco s Urban Growth Area Boundary. The Urban Area Comprehensive Plan designation for this parcel is Mixed Residential/Commercial, Mixed Residential, and Low Density. A rezone to the county R 2 zoning designation for the 4.97 acres will allow ½ acre lots which is consistent with the Urban Area Comprehensive Plan. As described in Franklin County Ordinance Number , Chapter 17, Medium Density Residential District (R 2) zoning is established to provide Urban Growth Area Boundaries a medium density residential environment. The minimum lot size for newly created parcels in the R 2 Zone is 5,000 S.F. (if city sewer service is available) but since the property is located in the County, where City of Pasco sewer is unavailable, the minimum lot size will need to comply with the Benton Franklin Health Department standards. Traditionally, the smallest lot allowed in this case is approximately ½ acre in size. v. The land is located along the south side of Court Street between Road 54 and Road 56. vi. The general character of the surrounding area is residential in nature. b. City of Pasco: The rezone is consistent with the Comprehensive Plan. See agency comments and City Public Works Department memo dated March 17, 2008 in Planning file for further details. RECOMMENDATION : (Zone Change ). According to Chapter 42 (Amendments and Rezones) of the Franklin County Development Regulations, the Planning Commission shall:

13 1. Render a recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Planning Commission s recommendation, to include its findings and conclusions, shall be forwarded to the Board of Commissioners at a regularly scheduled business meeting thereof. 2. After completion of an open record hearing on a petition for reclassification of property, the Planning Commission shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: (Findings of Fact by Planning Commission) (a) (b) (c) (d) (e) The proposal is in accordance with the goals and policies of the comprehensive plan. The effect of the proposal on the immediate vicinity will be materially detrimental. There is merit and value in the proposal for the community as a whole. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. A concomitant agreement should be entered into between the County and the petitioner, and if so, the terms and conditions of such an agreement. Staff: The Franklin County Planning Department staff recommends that the Planning Commission forward a POSITIVE RECOMMENDATION to the Board of County Commissioners for application, ZC This POSITIVE RECOMMENDATION be forwarded with the following findings of fact/recommendations: Findings of Fact: (1) The application to rezone approximately 4.97 acres of land from Office Zone (O) and Retail Business Zone (C 1) to Medium Density Residential Zone (R 2) IS in accordance with the goals and policies of the Comprehensive Plan. a. This application is to change the zoning classification on approximately 4.97 acres of land that is currently zoned Office Zone (O) and Retail Business Zone (C 1). The total parcel size is approximately 9.42 acres. The rezone involves changing the northern portion of the parcel from Office Zone (O), and Retail Business Zone (C 1) to Medium Density Residential (R 2) zoning. b. The land is located within the City of Pasco s Urban Growth Area Boundary. The Urban Area Comprehensive Plan designation for this parcel is Mixed Residential/Commercial and Mixed Residential/Low Density. A rezone to the county R 2 zoning designation for the 4.97 acres will allow ½ acre lots which is consistent with the Urban Area Comprehensive Plan. c. As described in Franklin County Ordinance Number , Chapter 17, Medium Density Residential District (R 2) zoning is established to provide Urban Growth Area Boundaries a medium density residential environment. d. The minimum lot size for newly created parcels in the R 2 Zone is 5,000 S.F. (if city sewer service is available) but since the property is located in the County, where City of Pasco sewer is unavailable, the minimum lot size will need to comply

14 with the Benton Franklin Health Department standards. Traditionally, the smallest lot allowed in this case is approximately ½ acre in size. e. The land is located along the south side of Court Street between Road 54 and Road 56. f. The general character of the surrounding area is residential in nature. (2) The effect of the proposal on the immediate vicinity WILL NOT be materially detrimental. a. The rezone application will not substantially damage or be harmful to the immediate vicinity. b. The surrounding area is residential in nature. (3) There IS merit and value in the proposal for the community as a whole. a. The rezone will further the implementation of the Comprehensive Plan, allowing for a mixture of lot size choices within the Urban Growth Boundary and City limits, while continuing to encourage development within the designated Urban Growth Area. (4) Conditions ARE required to be imposed in order to mitigate any significant adverse impacts from the proposal. a. All future development at the site shall comply with the County Development Regulations (including Zoning and Subdivision). This will ensure the proposed development complies with local, state, and federal agency standards and ensure appropriate access and health issues are sufficiently addressed. (5) A concomitant agreement between the County and the petitioner IS required for this application. a. Site Built Single Family Dwellings: The R 2 zone allows, as a permitted use, duplexes and apartments, in addition to single family dwellings. Due to the nature of the area, which is predominantly site built single family dwellings, a concomitant agreement, to be recorded in the County Auditor s office, ensuring the use of site built single family dwellings in the R 2 zone is applicable. If any of the described property is part of a short plat or subdivision in the future, this requirement shall still be valid and required. PROPONENTS: Bob Greeno, 1 Carnation Court, Pasco, WA * On behalf of David Greeno (applicant).

15 OPPONENTS: * 13 letters of opposition read into the record (no audience in opposition present). CLARIFICATION OF PUBLIC STATEMENTS: None. PLANNING COMMISSION DISCUSSION: There was discussion amongst the planning commission, staff, the applicant, and members in the audience in regards to fencing not being a part of this rezone application, most of the complaints in the letters of opposition deal with subdivision issues for future platting not zoning issues, where the opposition lives in the area, single family homes dominate the area, comprehensive plan designations, etc. MOTION: Bruce Flippo made a motion for the approval of the zone change application (ZC ) with the findings of fact and recommendations as specified in the staff report. Claude Pierret seconded the motion. ROLL CALL: Lois Hanses Yes David Piovesan Yes Flo Sayre Absent Claude Pierret Yes Gary Bosch Absent Bruce Flippo Yes Burl Booker Yes Motion carried (unanimous) for the approval of this application ZC ITEM #3 Certificate of Compliance, an application by Franklin County, 1016 North 4 th Avenue, Pasco, WA for a Certificate of Compliance. Said application is to certify that the Franklin County Development Regulations (Zoning Ordinance) is consistent with and implements the 2008 Franklin County Comprehensive Growth Management Plan, as amended, and RCW 36.70A (The Growth Management Act) as required by RCW 36.70A.130 (Seven Year Update Requirement). APPLICANT: Franklin County, 1016 North 4 th Avenue, Pasco, WA OWNER: N/A. OPEN PUBLIC HEARING/STAFF REPORT: Greg Wendt presented the staff report for the Certificate of Compliance application (Zoning Ordinance and Comprehensive Plan). APPLICATION DESCRIPTION:

16 BACKGROUND: In February of 2008, Franklin County completed the required Growth Management Act Update to the County Comprehensive Plan. To implement the Plan, the State of Washington and the Growth Management Act (RCW 36.70A) requires that the County s Development Regulations be reviewed, and as necessary, be updated to be consistent with the new 2008 Comprehensive Plan and applicable regulations. APPLICATION: This is a State Growth Management Act required Update to ensure consistency between the Franklin County Development Regulations (Zoning Ordinance) and the 2008 Franklin County Growth Management Comprehensive Plan. In March of 2008, the Franklin County Planning Staff (hereinafter referred to as Staff) prepared an analysis of the Franklin County Development Regulations (Zoning Ordinance) currently in effect in Franklin County, Washington for consistency with the requirements of Chapter 36.70A RCW. Based on this analysis, Staff found the Development Regulations (Zoning Ordinance) currently in effect comply with Chapter 36.70A RCW, and implement the 2008 Franklin Growth Management Comprehensive Plan. Staff forwarded its analysis and findings to the Franklin County Planning Commission for a public hearing to be held on April 1, The Franklin County Planning Commission will review the findings prepared by Staff and hold a public hearing on April 1, 2008 to receive public comments on the findings. Based on its review of the requirements of Chapter 36.70A RCW, the findings prepared by Staff, and the public comments received, the Planning Commission shall send a recommendation to the Franklin County Board of Commissioners. The Franklin County Board of Commissioners are scheduled to hold a public hearing on April 14, 2008 to receive public comments on the recommended findings on review. Based on its review of the requirements of Chapter 36.70A RCW, the findings prepared by Staff, the recommended findings on review forwarded by the Planning Commission, and the public comments received, the Franklin County Board of Commissioners shall determine whether or not the findings have been prepared in conformance with applicable law, including Chapter 36.70A RCW, Chapter 43.21C RCW, and the published public participation program and adoption process section(s) of the Franklin County code. PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on March 13, ANALYSIS: The Planning and Building Department Staff have reviewed each Comprehensive Plan Element for consistency with the Franklin County Development Regulations (Zoning Ordinance).

17 Comprehensive Plan Elements include Historical and Cultural Resources, Economic, Natural, Land Use, Rural Lands, Community Facilities, Public Facilities, Transportation and Capital Facilities. To ensure implementation and consistency with each Comprehensive Plan Element (and its goals, policies, and strategies), each Chapter of the Franklin County Development Regulations (Zoning Ordinance) was fully examined. While each Chapter and Element has been fully examined, the following listings are some brief analysis examples included in this finding/analysis to clearly reveal examples of the consistency and compatibility between the County Development Regulations (Zoning Ordinance) and the adopted 2008 Comprehensive Plan and its Elements, including RCW 36.70A: 1) Land Use Element: a. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) lists the permitted, accessory, and conditional uses allowed in the Zoning District. These uses focus on encouraging agricultural industries in agricultural areas and further the intent and goals of the Land Use Element; b. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) lists the conditional use permit options for farm family and farm labor housing. These standards focus on encouraging safe, sanitary, and affordable housing for farm workers in Franklin County and further the intent and goals of the Housing Section of the Land Use Element; c. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) establishes minimum lot size standards consistent with the Growth Management Act s (RCW 36.70A) provision for Innovative Agricultural Zoning Techniques (density requirements), which furthers the intent and goals of the Land Use Element; d. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance) identifies the permitted and conditional use permit options and standards for mining operations, including sand and gravel extraction, which furthers the intent and goals of the Resource Lands section of the Land Use Element. 2) Rural Lands Element: a. Chapter 9 and Chapter 10, (RC 1 and RC 5, Rural Community Zone of the County Development Regulations Zoning Ordinance) establishes rural residential environment permitting at one and five dwelling units per acre. This type of development furthers the intent and goals of LAMIRD S within the Rural Lands Element.

18 3) Community Facilities Element: a. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance) identifies the permitted and conditional use permit options and standards for non motorized recreational trails and similar facilities, public buildings, emergency services buildings, etc. and furthers the intent and goals of the Community Facilities Element. 4) Public Facilities Element: a. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance and associated uses table) identifies the permitted and conditional use permit options and standards for wireless communication facilities, electrical substations, and other power generating facilities and furthers the intent and goals of the Public Facilities Element. 5) Economic Development Element: a. Chapter 23 (Rural Service Commercial Zone of the County Development Regulations Zoning Ordinance) and Chapter 27 (General Industrial Zone of the County Development Regulations Zoning Ordinance) provides areas for economic development to occur in rural areas of the County. These provisions in the Development Regulations encourage both large and small scale economic development and growth in Franklin County and further the intent and goals of the Economic Development Element. 6) Transportation Element: a. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance) identifies the permitted and conditional use permit options and standards for public and private roads, public and private airports and/or airstrips, railroad activities, port facilities, barging facilities, non motorized recreational trails an similar facilities, and furthers the intent and goals of the Transportation Element. Staff: The Franklin County Planning Department staff recommends that the Planning Commission forward a POSITIVE RECOMMENDATION to the Board of County Commissioners for the Certification of Compliance Application. This POSITIVE RECOMMENDATION be forwarded with the following findings of fact/recommendations: FINDINGS OF FACT 1. This is a State Growth Management Act required Update to ensure consistency between the Franklin County Development Regulations (Zoning Ordinance) and the 2008 Franklin County Growth Management Comprehensive Plan.

19 2. In March of 2008, the Franklin County Planning Staff prepared an analysis of the Franklin County Development Regulations (Zoning Ordinance) currently in effect in Franklin County, Washington for consistency with the 2008 Franklin County Comprehensive Growth Management Plan and the requirements of Chapter 36.70A RCW. Based on this analysis, Staff found the Development Regulations (Zoning Ordinance) currently in effect comply with Chapter 36.70A RCW and implements the 2008 Franklin County Comprehensive Growth Management Plan. a. The Planning and Building Department Staff have reviewed each Comprehensive Plan Element for consistency with the Franklin County Development Regulations (Zoning Ordinance); b. Comprehensive Plan Elements include Historical and Cultural Resources, Economic, Natural, Land Use, Rural Lands, Community Facilities, Public Facilities, Transportation, and Capital Facilities; c. To ensure implementation and consistency with each Element (and its goals, policies, and strategies), each Chapter of the Franklin County Development Regulations (Zoning Ordinance) was fully examined and analyzed; d. While each Chapter and Element has been fully examined, the following listings are some brief analysis examples included in this finding/analysis to clearly reveal examples of the consistency and compatibility between the County Development Regulations (Zoning Ordinance) and the adopted 2008 Comprehensive Plan and its Elements, including RCW 36.70A: i. Land Use Element: 1. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) lists the permitted, accessory, and conditional uses allowed in the Zoning District. These uses focus on encouraging agricultural industries in agricultural areas and further the intent and goals of the Land Use Element; 2. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) lists the conditional use permit options for farm family and farm labor housing. These standards focus on encouraging safe, sanitary, and affordable housing for farm workers in Franklin County and further the intent and goals of the Housing Section of the Land Use Element; 3. Chapter 5 and Chapter 6 (AP 20 and AP 40 Agricultural Production Zone of the County Development Regulations Zoning Ordinance) establishes minimum lot size standards consistent with the Growth Management Act s (RCW 36.70A) provision for

20 Innovative Agricultural Zoning Techniques (density requirements), which furthers the intent and goals of the Land Use Element; 4. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance) identifies the permitted and conditional use permit options and standards for mining operations, including sand and gravel extraction, which furthers the intent and goals of the Resource Lands section of the Land Use Element. ii. Rural Lands Element: 1. Chapter 9 and Chapter 10, (RC 1 and RC 5, Rural Community Zone of the County Development Regulations Zoning Ordinance) establishes rural residential environment permitting at one and five dwelling units per acre. This type of development furthers the intent and goals of LAMIRD S within the Rural Lands Element. iii. Community Facilities Element: 1. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance) identifies the permitted and conditional use permit options and standards for non motorized recreational trails and similar facilities, public buildings, emergency services buildings, etc. and furthers the intent and goals of the Community Facilities Element. iv. Public Facilities Element: 1. Chapter 33 and Chapter 41 (Use Regulations and Special Permits of the County Development Regulations Zoning Ordinance and associated uses table) identifies the permitted and conditional use permit options and standards for wireless communication facilities, electrical substations, and other power generating facilities and further the intent and goals of the Public Facilities Element. v. Economic Development Element: 1. Chapter 23 (Rural Service Commercial Zone of the County Development Regulations Zoning Ordinance) and Chapter 27 (General Industrial Zone of the County Development Regulations Zoning Ordinance) provides areas for economic development to occur in rural areas of the County. These provisions in the Development Regulations encourage both large and small scale economic development and growth in Franklin County and further the intent and goals of the Economic Development Element. vi. Transportation Element: