FRANKLIN COUNTY PLANNING COMMISSION MINUTES February 7, Billie Ross, Flo Sayre, Lois Hanses, Claude Pierret, Burl Booker, and David Piovesan.

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1 FRANKLIN COUNTY PLANNING COMMISSION MINUTES February 7, 2006 MEMBERS PRESENT: Billie Ross, Flo Sayre, Lois Hanses, Claude Pierret, Burl Booker, and David Piovesan. MEMBERS ABSENT: Bruce Flippo. The Franklin County Planning Commission was called to order at 7:30 p.m. by Planning Commission Chairman David Piovesan. A quorum was present. APPROVAL OF MINUTES: Claude Pierret made a motion to approve the January 10, 2006 minutes as written. Flo Sayre seconded the motion. Motion carried APPROVAL OF AGENDA: Burl Booker made a motion to approve the agenda as written. Lois Hanses seconded the motion. Motion carried ITEM # 1: ZC , an application by Randy Mullen and Jacqueline Hanson for a zoning designation change within the County s Rural Shoreline Area as designated in the County Comprehensive Plan. Said application is to change the zoning classification on approximately 25 acres that is currently zoned Agricultural Production 20 (AP-20). The rezone involves changing the land from AP-20 to Rural Community 1 (RC-1), a residential zoning district with a minimum lot size of one acre. Applicant: Randy Mullen, 1611 Richview Drive, Pasco, WA and Jacqueline Hanson, P.O. Box 3456, Pasco, WA Owner: Same.

2 OPEN PUBLIC HEARING/STAFF REPORT: Planning Commission Chairman David Piovesan stated that he would abstain from voting on this application due to a potential conflict of interest, but would still be running the meeting. Mr. Piovesan asked for objections none were received. Greg Wendt presented the staff report for the zone change application (ZC ). APPLICATION DESCRIPTION: This application is to change the zoning classification on approximately 25 acres that is currently zoned Agricultural Production 20 (AP-20). The rezone involves changing the land from AP-20 to Rural Community 1 (RC-1), a residential zoning district with a minimum lot size of 1 acre. The land is located within the County s Rural Shoreline Area as designated in the County Comprehensive Plan. The 25 acres (approximate) is located west of Richview Drive along the north side of Fanning Road (portion of Parcel Number ). PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on January 12, Property Owners within 1 mile were mailed notice during the 2 nd week of January The Planning Staff mailed out review packets to Technical Agencies on January 5, AGENCY COMMENTS/CRITERIA FOR FINDINGS OF FACT: 1. County Planning Department: In reviewing this application, the Planning Department staff has found the following. a. This application is to change the zoning designation on approximately 25 acres of land that is currently zoned Agricultural Production 20 (AP-20). The rezone involves changing the land from AP-20 to Rural Community 1 (RC-1), a residential zoning district with a minimum lot size of 1 acre. The land is located within the County s Rural Shoreline Area as designated in the County Comprehensive Plan. b. The rezone involves changing the land from AP-20 to Rural Community 1 (RC- 1), a residential zoning district with a minimum lot size of 1 acre. c. The land is located within the County s Rural Shoreline Area as designated in the County Comprehensive Plan. d. The rezone is in compliance with the Franklin County Comprehensive Plan.

3 2. South Columbia Basin Irrigation District: See letter dated January 12, 2006 from the District regarding water issues and future development of the land. 3. United States Bureau of Reclamation: See letter dated January 17, 2006 from the USBR regarding project facilitates and water issues related to the property. RECOMMENDATION : (Zone Change ). According to Chapter 42 (Amendments and Rezones) of the Franklin County Development Regulations, the Planning Commission shall: 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) The proposal is in accordance with the goals and policies of the comprehensive plan. (b) The effect of the proposal on the immediate vicinity will be materially detrimental. (c) There is merit and value in the proposal for the community as a whole. (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. (e) 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 25 acres of land from Agricultural Production 20 (AP-20) to Rural Community 1 (RC-1) IS in accordance with the Goals, Policies, and Land Use Map of the Franklin County Comprehensive Plan. a. This application is to change the zoning designation on approximately 25 acres of land that is currently zoned Agricultural Production 20 (AP-20). The rezone involves changing the land from AP-20 to Rural Community 1 (RC-1), a residential zoning district with a minimum lot size of 1 acre. The land is located within the County s Rural Shoreline Area as designated in the County Comprehensive Plan.

4 b. The rezone involves changing the land from AP-20 to Rural Community 1 (RC- 1), a residential zoning district with a minimum lot size of 1 acre. c. The land is located within the County s Rural Shoreline Area as designated in the County Comprehensive Plan. d. The rezone is in compliance with the Franklin County Comprehensive Plan. (2) The effect of the proposal on the immediate vicinity WILL NOT be materially detrimental. (3) There IS merit and value in the proposal for the community as a whole. (4) Conditions ARE NOT required to be imposed in order to mitigate any significant adverse impacts from the proposal. (5) A concomitant agreement between the County and the petitioner IS NOT required for this application. PROPONENTS: Randy Mullen, 1611 Richview Drive, Pasco, WA Sheila Gardner, 7671 Selph Landing Road, Pasco, WA Ralph Shoemaker, 1652 Fanning Road, Pasco, WA OPPONENTS: Mike Brightman, 160 Terrace Drive, Pasco, WA Jeff Krug, 540 McDonald Drive, Pasco, WA CLARIFICATION OF PUBLIC STATEMENTS: Tom Maulden, 811 LaPorte, Pasco, WA Jeff Krug, 540 McDonald Drive, Pasco, WA Mike Brightman, 160 Terrace Drive, Pasco, WA Ralph Shoemaker, 1652 Fanning Road, Pasco, WA Bruce Wilcox, Shannon Lane, Richland, WA There was clarification amongst the planning commission, staff, the applicant, and members in the audience in regards to this being step one of two (rezone and then subdivision), SEPA State Environmental Policy Act, Health Department recommendations, generational farming practice, landowner has been there for 50 plus years, landowner has a hard time with people being upset with his proposal when they live on small lots along the river which is exactly what he wants to do, his thinking is what is good for one is good for all, transportation concerns from neighbors, bridge questions regarding the once proposed North Richland bridge, river front property, environmental concerns, GMA history, current zoning, SEPA exemptions, Road 100 corridor, etc.

5 PLANNING COMMISSION DISCUSSION: There was discussion amongst the planning commission, staff, the applicant, and members in the audience in regards to whether or not he property is within the 200 foot shoreline area, what the last crop was that was on the property in question, circle and solid set irrigation, no native plants on property currently being farmed, comments from agencies, State Department of Health and Ecology well requirements, etc. MOTION: Claude Pierret made a motion for the approval of the zoning change application (ZC ) with the findings of fact and recommendations as specified in the staff report. Burl Booker seconded the motion. ROLL CALL: Lois Hanses Yes David Piovesan Abstain Flo Sayre Yes Claude Pierret Yes Billie Ross Yes Bruce Flippo Absent Burl Booker Yes Motion carried (unanimous) for the approval of this application ZC ITEM # 2: CUP , an application by US Cellular (represented by Dan McKinney) for a conditional use permit. Said application is to construct and install a new 250 high selfsupporting lattice communication tower. The application involves the removal of an existing guyed tower from the site. The property is zoned Agricultural Production 20 (AP-20), and is located near Connell, Washington. Applicant: US Cellular (Dan McKinney), 2 International Way, Longview, WA Owner: Franklin County Cemetery District No. 2, P.O. Box 546, Connell, WA OPEN PUBLIC HEARING/STAFF REPORT: Greg Wendt presented the staff report for the conditional use permit application (CUP ). APPLICATION DESCRIPTION: An application to construct and install a new 250 high self-supporting lattice communication tower. The application involves the removal of an existing guyed tower from the site and the transferring of the tenants to the new facility. The property is zoned Agricultural Production 20 (AP-20) Zoning District.

6 Currently there are 3 towers in the general vicinity. US Cellular currently co-locates on the existing guyed tower that the applicant has proposed for removal. This tower does not meet current industry technology standards and its removal will allow for the construction of the new tower that is in compliance with current industry standards. PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on January 12, Property Owners within 1 mile were mailed notice during the 2 nd week of January The Planning Staff mailed out review packets to Technical Agencies on January 5, APPLICABLE STANDARDS/ORDINANCES: 1. County Zoning--Chapter 5 AP-20 Zone 2. County Zoning Use Regulations Communication towers 3. County Comprehensive Plan RECOMMENDATION : (CUP ) According to Chapter 41 (Special/Conditional Use) of the Franklin County Development Regulations, 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) The proposal is in accordance with the goals, policies, objectives, maps and or narrative text of the comprehensive plan; (2) The proposal will adversely affect public infrastructure; (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; (5) The operation in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; (6) The proposal will endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district. Staff: Planning Staff will assist the Planning Commission with the determination of findings and conditions for CUP

7 RECOMMENDATION: The Franklin County Planning Department recommends that the Planning Commission forward a POSITIVE recommendation to the Franklin County Board of Commissioners for Application #CUP , with the following findings of fact and conditions of approval: Findings of Fact: 1. The construction and operation of a communication tower in the Agricultural Production Zoning District IS in accordance with the goals and policies of the County Development Regulations (Zoning) and the County Comprehensive Plan. 2. The proposal WILL NOT adversely affect public infrastructure. 3. The proposal WILL BE constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity. 4. The location and height of proposed structures and site design WILL NOT discourage the development of permitted uses on property in the general vicinity or impair the value thereof. 5. The operation in connection with the proposal WILL NOT be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district. 6. The proposal WILL NOT endanger the public health, safety, or general welfare if located where proposed. Conditions of Approval: 1. Approval allows for the construction of a Wireless Communication Facility for US Cellular that includes a 250 high communication tower facility that will be located on property owned by the Franklin County Cemetery District #2 that is northwest of Connell in the AP 20 Zoning District. As proposed, the project includes a 250 lattice tower within a 15,000 square ft. leased area that will be designed to accommodate multiple service providers. The application involves the removal of an existing guyed tower from the site. 2. SEPA Review and DNS has been completed for this application. 3. The tower shall be structurally designed and constructed to accommodate multiple service providers (tower shall be constructed to allow a minimum of 3 service providers). US Cellular and the landowner shall diligently negotiate in good faith to facilitate colocation of additional communication facilities by other providers on the applicants structure. 4. The perimeter of the facility shall be enclosed with chain link type fencing.

8 5. Applicant plans to utilize an existing equipment shelter. If additional shelters are required for the facility, a site design shall be submitted to the Planning Department for review. The County Zoning Ordinance, Chapter has design standards for building size etc. 6. If at any point in time the Communication Tower is not in operation (an operational service provider located on the tower) for a continuous period of 12 months the tower shall be considered to be abandoned and shall be removed within 90 days from that date. 7. The existing guyed tower shall be completely removed from the site. This shall occur within 3 ½ months (14 weeks) from the date that a building permit is issued for the construction of the new tower. This allows time for tower construction, transferring of tenants to the new tower, and removal of the existing tower from the site. Failure to comply with the removal of the guyed tower will null and void this CUP approval and also require the removal of the new tower from the site immediately, if constructed. Zoning violations shall be processed via the County Code Enforcement Officer, Chapter 2 of the County Zoning Ordinance, and the County Hearing Examiner if applicable. 8. Comply with the Franklin County Building Division requirements for all proposed structures. This includes obtaining a Franklin County Building Permit for the new structure. A demolition permit may be required for the removal of the existing tower. 9. US Cellular shall obtain a County Business Registration on an annual basis. This shall be completed prior to building permit issuance. The tower contractor for construction shall also obtain a business registration with the County. 10. The facility area shall remain free of any fire hazards, including but limited to weeds and debris. 11. There shall be proper access approval and or a recorded access easement to the show that legal access to the site has been obtained. Access to the site is to be on an approved access lane that is to be developed and built to Franklin County standards. 12. Approach permits are required for any new approaches onto County Roads. Contact Public Works for more information. 13. Strobe Lighting shall be used during daylight hours and Flashing Red Lighting shall be used during non-daylight hours on the tower. Flight markings shall be provided with 50 separations on each leg of the tower. Markings shall be no less than 24 inches in size. Adjustments to the separation standard may occur with Planning Staff approval. Applicant shall coordinate with Planning Staff to comply with the marking requirements. Flight markings shall be directionally visible from 240 degrees and the broadest face of the marking shall be visible. 14. All conditions shall be complied with within 1 year (from the date of Board of Commissioner Approval) of CUP approval or the permit becomes null and void.

9 15. Nothing in this CUP approval shall be construed as excusing the applicant from compliance with any federal, state, or local statutes, ordinances, or regulations applicable to this project. 16. This permit applies to the described lands and shall be for the above named individual and/or his heirs and or assigns. Any transferring of this permit will require that notice be granted to the Franklin County Planning Department or the permit will be cancelled. It cannot be transferred to another site. PROPONENTS: Dan McKinney (US Cellular), 2 International Way, Longview, WA OPPONENTS: None. 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 whether or not the new tower was being proposed at the same height as the old tower, will the new tower be striped, maintenance of tower for strobing and red lights needs to be better from US Cellular one existing US Cellular tower in Franklin County went three weeks with lighting problems, flight balls being round or elliptical, lattice towers, monopole towers, wind drag, build transfer demolish, no down time expected, already at a maximum for co-locaters regarding our requirements, Nextel had a permit for same location but let it expire, vegetative cover for the site, urban vs. rural setting, no water for the facility, etc. MOTION: Flo Sayre made a motion for the approval of the conditional use permit application (CUP ) with the findings of fact/conditions of approval as specified in the staff report. Burl Booker seconded the motion. ROLL CALL: Lois Hanses Yes David Piovesan Yes Flo Sayre Yes Claude Pierret Yes Billie Ross Yes Bruce Flippo Absent Burl Booker Yes Motion carried (unanimous) for the approval of this application CUP

10 OTHER BUSINESS 1. Results from Planning Commission Case Files of January 10, Potential Planning Commission workshop for March 7, Current listing of Planning Commission members/districts/terms. 4. Current Planning Commission Officers. ADJOURN