FRANKLIN COUNTY PLANNING COMMISSION MINUTES May 1, Claude Pierret, Lois Hanses, Bruce Flippo, Flo Sayre, David Piovesan and Burl Booker.

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1 FRANKLIN COUNTY PLANNING COMMISSION MINUTES May 1, 2007 MEMBERS PRESENT: Claude Pierret, Lois Hanses, Bruce Flippo, Flo Sayre, David Piovesan and Burl Booker. MEMBERS ABSENT: Gary Bosch. 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 April 3, 2007 minutes as written. Lois Hanses seconded the motion. Motion carried APPROVAL OF AGENDA: Flo Sayre made a motion to approve the agenda as written. Bruce Flippo seconded the motion. Motion carried ITEM # 1: SUB an application by First Pacific Properties (James O Rourke), 5011 West Lowell Avenue, Suite 110, Spokane, WA for a preliminary plat subdivision. Said application is to subdivide approximately acres into nineteen (19) single family residential lots. The property is zoned Residential Suburban 20,000 (RS 20). Lots range in size from 51,784 square feet to 23,278 square feet. The land is located within the Pasco Urban Growth Area Boundary. The land is located north of Court Street, south of Wernett Road, east of Road 60, along the west side of Road 56. Applicant: First Pacific Properties (James O Rourke), 5011 West Lowell Avenue, Suite 110, Spokane, WA Owner: Same.

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 to subdivide approximately acres into nineteen (19) single family residential lots. The property is zoned Residential Suburban 20,000 (RS 20). The land is located within the Pasco Urban Growth Boundary. As proposed, the project will occur in two (2) phases. The land is located north of Court Street, south of Wernett Road, east of Road 60, along the west side of Road 56 (Parcel Numbers and ) 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 April 12, Property Owners within 500 mile were mailed notice during the 2 nd week of April The Planning Staff mailed out review packets to Technical Agencies on April 2, APPLICABLE STANDARDS/ORDINANCES: 1. County Development Regulations, Chapter 14, RS 20 Zoning 2. County Subdivision Ordinance # County Comprehensive Plan AGENCY COMMENTS/CRITERIA FOR FINDINGS OF FACT: 1. County Public Works Department: 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 60 feet of right of way for both proposed Road A and Road B plus the 30 feet for Road 56 shall be shown and labeled on the plat as dedicated; c. The minimum radius curve for C1 and C2 shall be 25 feet; d. The owner(s) shall construct proposed Road A and Road B to the current county standards for hard surfaced roads. They 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 addressed and taken care of. The engineer shall refer to the Eastern Washington Stormwater Manual

3 for guidance. After construction, the plans shall be as built showing any changes that occurred during construction and a mylar 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 intersection of Road A and Road 56, Road A and Road B intersect and the radius point of the cul de sac; f. The developer's contractor shall contact the public works department regarding construction schedules, inspection and testing requirements and general construction issues prior to and during the construction of the roads; g. Add the following notes to the plat: i. Approach permits are required for any new approaches onto county roads; ii. iii. All access for lots shall be from the interior roads with the exception of Lots 5, 17, 18 and 19. Access for these four lots will be from Road 56; Lot owners shall agree to participate in any future L.I.D./R.I.D.'s for roads, drainage, curb & gutters, streetlights, storm sewers, water and/or sanitary sewers. 2. Benton Franklin Health District: Applicant shall meet and comply with the standards of the Benton Franklin Health Department. (See letter dated April 13, 2007). 3. Franklin PUD: Applicant shall meet and comply with the standards of the Franklin PUD. The PUD has no requested changes to the proposed preliminary plat as submitted. 4. Franklin County Assessor s Dept.: Prior to final review and approval the applicant shall submit a copy of the Final Plat to the Assessor s Office for Cartographer review of the Final Plat Survey. The Plat shall be reviewed for legal descriptions, signature blocks, dedications, etc. 5. Franklin County Irrigation District: The applicant shall comply with the Irrigation District standards. FCID water shall be extended into the development and pipes/valves etc shall be provided by the developer. Developer shall contact the FCID for specific standards and requirements. 6. Fire Code Official and Fire District #3: Three (3) fire hydrants are required to service the development. Hyrdant #1 is to be located at the SE corner of Lot #19, Hydrant #2 is to be located at the NE corner of Lot #5, and Hydrant #3 is to be located at the NE corner of Lot #6. An existing hydrant is located across Road 56 from the proposed development. 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

4 public with unnecessary costs to correct. Improvements for the proposed plat necessary to avoid future costs to tax payers are listed as follows: Water: a. Water will need to be extended from Court Street to the existing 8 line north of the property. This will allow for a complete loop of the system and will provide safety and reliability for the proposed subdivision. A water main construction must comply with the City of Pasco Standards. b. All fire hydrants to be installed per City of Pasco Construction Standards. c. Annexation agreements will be required for all existing & proposed lots. No water service to any lot will be provided until such time as the property owner has signed an annexation agreement with the City of Pasco. No utility construction plans will be approved by the City of Pasco until an annexation agreement has been properly signed and accepted by the City for the property. d. Sanitary Sewer: The City of Pasco is requesting that dry sewer stubs be provided with each house. These stubs should be run from the house to the property line. Minimum depth should be 4 6 deep at the property line abutting the right of way. e. Storm Drainage: All underground storm water devices utilized within this proposed plat will be required to keep adequate separation from the domestic water line, as directed by the City Engineer. f. Curb, Gutter and Sidewalks: May be installed at the option of the developer. g. Applicable Standards: All road and municipal utility construction must comply with the City of Pasco Construction Standards and the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction. h. Water Rights: Water rights are required for this property. No construction plans will be approved until the dedication of water rights for this property have been complied with pursuant to the PMC. i. Irrigation: This property is located in the county. j. Right of Way: The Radii at the intersection of Rd 56 & rd A must be a minimum of 35. k. Easements: 10 utility easements to be located along the front of each lot abutting Right of Way. l. Lighting: Street lights should be installed pursuant to the Franklin County requirements. m. Underground Electical: All electrical services serving lots in this plat must be underground. n. Monuments: All monuments are to be installed as per the WAC & RCW standards. o. 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

5 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. p. 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. County Planning Department: The County Planning Department has determined the following for this application: a. The land to be subdivided is zoned RS 20. b. The land is located within the City of Pasco s Urban Growth Area Boundary. c. As proposed by the applicant this project will occur in two (2) Phases. Phase I will be Lots Phase II will involve Lots 1 5. Applicant will have a choice of proceeding with two (2) Phases or combine Phases I and II and record one (1) final plat. d. If Phase I and II are not combined into one final plat, then the 5 proposed parcels in Phase II shall be shown in the Phase I Final Plat as one (1) parcel of land. e. PHASE II: A final plat process shall be completed for the five (5) parcels in Phase II prior to the creation of the five (5) lots. The Final Plat shall be developed in accordance with the County Subdivision Ordinance. See Chapter 6 of Ordinance for specifications. Phase II preliminary plat approval is valid for a five (5) year period following approval by the Board of County Commissioners. f. PHASE II: Lots in Phase II are being ground water monitored in coordination with the Benton Franklin Health Department and will be evaluated at a future date to determine minimum usable land area. g. Applicant shall contact the City of Pasco Engineering Department for specifications and requirements for city water.

6 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. All lot owners shall provide grass/lawn in the unimproved portion of the right ofway between the property line and the edge of pavement and/or curb. Maintenance of the landscaping is the requirement of each individual lot owner. (This statement shall be placed on the Plat). This applies only to the developments internal roadway and does not apply to Road 56. j. The land shall be in compliance with the County Fire and Nuisance codes at all times. k. The following shall be complied with for Enhanced 911 Emergency purposes: Address blocks shall be provided for all new lots. Addresses and road names should be gained via the Planning Department in coordination with the County s Enhanced 911 Coordinator. l. All lots in the development 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 All lots in the development and shall be paid prior to building permit issuance for a new home on each applicable lot. m. The Vicinity Map needs to be verified for road name accuracy. n. Magnolia Court, adjoining the development to the east, shall be shown on the plat. o. 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; Chair, Franklin County Planning Commission; Chair, Board of County Commissioners; Franklin County Irrigation District; Benton Franklin Health Department; County Engineer; County Treasurer; County Assessor; and County Auditor. p. Final Plat shall be developed by a licensed Surveyor. q. Preliminary plat approval is valid for a five (5) year period following approval by the Board of County Commissioners. r. 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.

7 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: 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;

8 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 acres into nineteen (19) single family residential lots. The property is zoned Residential Suburban 20,000 (RS 20). The land is located within the Pasco Urban Growth Boundary. As proposed, the project will occur in two (2) phases. The land is located north of Court Street, south of Wernett Road, east of Road 60, along the west side of Road 56 (Parcel Numbers and ). 2. Applicant shall comply with the County Public Works requirements including the following: 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 60 feet of right of way for both proposed Road A and Road B plus the 30 feet for Road 56 shall be shown and labeled on the plat as dedicated; c. The minimum radius curve for C1 and C2 shall be 25 feet; d. The owner(s) shall construct proposed Road A and Road B to the current county standards for hard surfaced roads. They 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 addressed and taken care of. The engineer shall refer to the Eastern Washington Stormwater Manual for guidance. After construction, the plans shall be as built showing any changes that occurred during construction and a mylar 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 intersection of Road A and Road 56, Road A and Road B intersect and the radius point of the cul de sac; f. The developer's contractor shall contact the public works department regarding construction schedules, inspection and testing requirements and general construction issues prior to and during the construction of the roads; g. Add the following notes to the plat: 1) Approach permits are required for any new approaches onto county roads; and 2) All access for lots shall be from the interior roads with the exception of Lots 5, 17, 18 and 19. Access for these four lots will be from Road 56; and 3) Lot owners shall agree to participate in any future L.I.D./R.I.D.'s for roads, drainage, curb & gutters, streetlights, storm sewers, water and/or sanitary sewers.

9 3. The applicant shall meet and comply with the standards of the Benton Franklin Health Department. (See letter dated April 13, 2007). 4. Applicant shall meet and comply with the standards of the Franklin PUD. The PUD has no requested changes to the proposed preliminary plat as submitted. 5. Prior to final review and approval the applicant shall submit a copy of the Final Plat to the Assessor s Office for Cartographer review of the Final Plat Survey. The Plat shall be reviewed for legal descriptions, signature blocks, dedications, etc. 6. The applicant shall comply with the Franklin County Irrigation District standards. FCID water shall be extended into the development and pipes/valves etc shall be provided by the developer. Developer shall contact the FCID for specific standards and requirements. 7. Three (3) fire hydrants are required to service the development. Hyrdant #1 is to be located at the SE corner of Lot #19, Hydrant #2 is to be located at the NE corner of Lot #5, and Hydrant #3 is to be located at the NE corner of Lot #6. An existing hydrant is located across Road 56 from the proposed development. 8. City of Pasco: Water will need to be extended through the length of this property. The water will need to be extended from Court Street to the existing 8 line north of the property. This will allow for a complete loop of the system and will provide safety and reliability for the proposed subdivision. Water main construction must comply with the City of Pasco Standards. Annexation agreements will be required for all existing & proposed lots. No water service to any lot will be provided until such time as any existing residence has signed an annexation agreement. 9. The County Planning Department has determined the following for this application: a. The land to be subdivided is zoned RS 20. b. The land is located within the City of Pasco s Urban Growth Area Boundary. c. As proposed by the applicant this project will occur in two (2) Phases. Phase I will be Lots Phase II will involve Lots 1 5. Applicant will have a choice of proceeding with two (2) Phases or combine Phases I and II and record one (1) final plat. d. If Phase I and II are not combined into one final plat, then the 5 proposed parcels in Phase II shall be shown in the Phase I Final Plat as one (1) parcel of land. e. Applicant shall contact the City of Pasco Engineering Department specifications and requirements for city water.

10 f. 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). g. All lot owners shall provide grass/lawn in the unimproved portion of the right ofway between the property line and the edge of pavement and/or curb. Maintenance of the landscaping is the requirement of each individual lot owner. (This statement shall be placed on the Plat). This applies only to the developments internal roadway and does not apply to Road 56. h. The land shall be in compliance with the County Fire and Nuisance codes at all times. i. The following shall be complied with for Enhanced 911 Emergency purposes: Address blocks shall be provided for all new lots. Addresses and road names should be gained via the Planning Department in coordination with the County s Enhanced 911 Coordinator. j. All lots in the development 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 All lots in the development and shall be paid prior to building permit issuance for a new home on each applicable lot. k. Each Final Plat shall be developed in accordance with the County Subdivision Ordinance. See Chapter 6 (Final Plat) of Ordinance , as amended, for specifications. Signature blocks and requirements shall be provided for the following: Franklin PUD; Chair, Franklin County Planning Commission; Chair, Board of County Commissioners; Franklin County Irrigation District; Benton Franklin Health Department; County Engineer; County Treasurer; County Assessor; and County Auditor. l. The Final Plat shall be developed by a licensed Surveyor. m. PHASE II: A final plat process shall be completed for the five (5) parcels in Phase II prior to the creation of the five (5) lots. The Final Plat shall be developed in accordance with the County Subdivision Ordinance. See Chapter 6 of Ordinance for specifications. Phase II preliminary plat approval is valid for a five (5) year period following approval by the Board of County Commissioners. n. PHASE II: Lots in Phase II are being ground water monitored in coordination with the Benton Franklin Health Department and will be evaluated at a future date to determine minimum usable land area. o. The Vicinity Map needs to be verified for road name accuracy.

11 p. Magnolia Court, adjoining the development to the east, shall be shown on the plat. q. Preliminary plat approval for both Phase I and Phase II is valid for a five (5) year period following approval by the Board of County Commissioners. r. 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. PROPONENTS: Jim O Rourke, 5011 W. Lowell Avenue, Suite 110, Spokane, WA Beau Bales, 5416 Magnolia Court, Pasco, WA Butch Bales, 5517 Magnolia Court, Pasco, 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 the centerline location of the proposed new road, access for Lot 16 should be from the new County Road not from Road 56, re wording the City of Pasco s comments for City Water connections and annexation agreements, Phase 2 Floodplain/Floodway Zone A and Zone B, working with financing company s, local Health Department requirements, ground water depth, engineered septic systems, # of lots in Phase 2 might be reduced depending on the outcome of the water level testing, agency comments, Park and Transportation Impact Fees, etc. MOTION: 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 modification to Condition of Approval # 8 City of Pasco requirements. Burl Booker seconded the motion. ROLL CALL: Lois Hanses Yes David Piovesan Yes Flo Sayre Yes Claude Pierret Yes Gary Bosch Absent Bruce Flippo Yes

12 Burl Booker Yes Motion carried (unanimous) for the approval of this application SUB ITEM # 2: CUP , an application by US Cellular (Dan McKinney), 2 International Way, Longview, WA for a Conditional Use Permit. Said application is to construct and install a new 80 high wood utility pole to utilize as a wireless communication facility. The proposal is to use this pole as a repeater site and improve the wireless communication and service in the Mesa area. The property is zoned Agricultural Production 20 (AP 20). The property is located northwest of the City of Mesa, approximately ¾ to 1 mile west of the SR 17 and R 170 intersection along the south side of R 170. Applicant: US Cellular (Dan McKinney), 2 International Way, Longview, WA Owner: Raymond L. Bailie, P.O. Box 267, Mesa, WA OPEN PUBLIC HEARING/STAFF REPORT: * David Piovesan made a disclosure statement with no objections for participation. Greg Wendt presented the staff report for the conditional use permit application (CUP ). APPLICATION DESCRIPTION: A Conditional Use Permit application to construct and install a new 80 high wood utility pole to utilize as a wireless communication facility. The proposal is to use this pole as a repeater site and improve the wireless communication and service (US Cellular) in the Mesa area. The property is located in the Agricultural Production 20 (AP 20) Zoning District. The site is located on leased ground owned by Raymond Bailie and will be directly accessed via R 170. The property is located northwest of the City of Mesa, approximately ¾ to 1 mile west of the SR 17 and R 170 intersection along the south side of R 170 ( ). PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on April 12, Property Owners within 1 mile and 500 feet (UGA) were mailed notice during the 2 nd week of April The Planning Staff mailed out review packets to Technical Agencies on April 2, APPLICABLE STANDARDS/ORDINANCES: 1. County Zoning Chapter 5 AP 20 Zone. 2. County Zoning Chapter 41 Special/Conditional Use. 3. County Zoning Use Regulations Communication towers. 4. County Comprehensive Plan.

13 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 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.

14 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 new 80 high wood utility pole to utilize as a wireless communication facility. The proposal is to use this pole as a repeater site and improve the wireless communication and service (US Cellular) in the Mesa area. The property is located in the Agricultural Production 20 (AP 20) Zoning District. The site is located on leased ground owned by Raymond Bailie and will be directly accessed via R 170. The property is located northwest of the City of Mesa, approximately ¾ to 1 mile west of SR 17 and R 170 intersection along the south side of R 170 ( ). 2. The Planning Department has determined the following for this application: a. An adjacent utility pole, 212 feet in height, is not available for co location per letter from Big Bend REA. The existing cellular tower, known as the Pepiot Tower, along Pepiot Road is also not adequate for use as a co location tower in this application. Space availability is extremely limited on this tower as it is currently used by numerous service providers; b. The cell tower site to the west of Mesa (approx 4 miles), which currently has US Cellular service, is not adequate as a repeater site to service the town of Mesa. Also, placing the repeater facilities on an existing building around Mesa was not found to be a feasible option by the applicant; c. SEPA Review and a MDNS have been completed for this application. Applicant shall ensure the project is in compliance with Ecology standards at all times; d. Applicant has submitted a co location statement explaining US Cellular s desire to negotiate in good faith to facilitate antenna co location at the site. The utility pole has reserve capacity for additional antennas but is not built to the same engineering standard as a typical metal wireless communication tower; e. The pole shall comply with FAA and FCC standards and regulations; f. The pole shall be no higher in height than 80 feet.

15 3. Applicant shall comply with the County Building Division for building permit requirements for the site; 4. A copy of a recorded access easement shall be provided describing the access to the site location. The applicant shall provide a fire apparatus road from R 170 to the pole location. The road shall be a 20 clear area with 12 of gravel as required by the County Design Standards. The property shall be free of fire hazards including but not limited to weeds and debris.; 5. The perimeter of the facility (approximately 20 x 20 ) shall be enclosed with chain link type fencing. 6. If shelter(s) are required for the facility, a site design shall be submitted to the Planning Department for review. The County Zoning Ordinance has design standards for building size, etc. 7. If at any point in time the wooden pole is not in operation (an operational service provider located on the pole) for a continuous period of 12 months the pole and facility shall be considered to be abandoned and shall be removed within 90 days from that date. 8. 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. 9. Approach permits are required for any new approaches onto County Roads. Contact Public Works for more information. 10. 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. 11. 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. 12. 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.

16 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 this being an 80 pole (wood) with no guide wires, engineered installation, will not enhance coverage north on SR 17, only enhance the town of Mesa, closest tower is on Cemetery Road in Connell, coverage is bad near Scootney and SR 17, coverage lacking in many parts of the County, etc. MOTION: Bruce Flippo made a motion for the approval of the conditional use permit application (CUP ) with the findings of fact and conditions of approval as specified in the staff report, with a change to Conditions of Approval # 2 a and 2 b. Flo Sayre seconded the motion. ROLL CALL: Lois Hanses Yes David Piovesan Yes Flo Sayre Yes Claude Pierret Yes Gary Bosch Absent Bruce Flippo Yes Burl Booker Yes Motion carried (unanimous) for the approval of this application CUP ITEM # 3: CUP , an application by John Ossman, 3944 Selph Landing Road, Pasco, WA for a Conditional Use Permit. Said application is to operate a heavy equipment/farm machinery equipment service business, known as Quick and Fair Mobile Service Repair, in the Agricultural Production 20 (AP 20) Zoning District. The property is located north of Pasco, approximately 1 mile west of the Glade North Road and Selph Landing Road intersection along the north side of Selph Landing Road near site address 3944 Selph Landing Road, Pasco, WA Applicant: John Ossman, 3944 Selph Landing Road, Pasco, WA Owner: Same. OPEN PUBLIC HEARING/STAFF REPORT: Greg Wendt presented the staff report for the conditional use permit application (CUP ). APPLICATION DESCRIPTION:

17 The applicant has requested a conditional use permit to operate a farm machinery/heavy machinery service business, known as Quick and Fair Mobile Service Repair, in the Agricultural Production 20 (AP 20) Zoning District. Currently, the applicant is approved as a mobile repair business and is requesting the ability to operate the business from his home site and existing shop building located north of Pasco, approximately 1 mile west of the Glade North Road and Selph Landing Road intersection along the north side of Selph Landing Road at site address 3944 Selph Landing Road, Pasco, WA 99301( ). The County Zoning Ordinance allows the operation of heavy machinery service businesses in the Agricultural Production Zoning District(s) with the approval of a Conditional Use Permit. Typical auto repair service businesses are not a permitted or conditional use in the Agricultural Zones but are allowed in the Rural Service Commercial zoning districts. PUBLIC NOTICE: 1. A Public Notice was published in the Herald and Graphic on April 12, Property Owners within 1 mile were mailed notice during the 2 nd week of April The Planning Staff mailed out review packets to Technical Agencies on April 2, APPLICABLE STANDARDS/ORDINANCES: 1. County Zoning Chapter 5 Agricultural Production 20 (AP 20) Zone. 2. County Zoning Chapter 41 Special Permits County Comprehensive Plan. AGENCY COMMENTS/CRITERIA FOR FINDINGS OF FACT: 1. Planning Department: Staff has determined the following findings for the application request. a. The operation of a heavy equipment/farm machinery equipment service business in the Agricultural Production 20 (AP 20) Zoning District is permitted with the approval of a Conditional Use Permit. b. Applicant is required to apply for and receive a Franklin County Business Registration on an annual basis. c. The property is part of Short Plat which established the legal access to the property. d. The applicant currently has three (3) signs advertising his business. Staff is requesting that the applicant be able to maintain the three (3) signs until such time that the County updates its current sign code. Once the updated code is adopted the applicant shall bring the business and this approved CUP into compliance with the new sign code.

18 e. Applicant shall provide adequate parking spaces for the activities to occur internally at the site. Farm/heavy machinery and equipment shall be parked in a designated area and shall not be parked in the 20 clear access drive to the shop and home. All parking shall be on site. At no time shall parking occur along Selph Landing Road for this business. Equipment to be serviced at the site should be stored in the shop to the greatest extent possible. f. No more than 10 pieces of heavy/farm equipment shall accumulate in the designated parking area at one time so as to not become a nuisance or junkyard. All parking areas for the business operation should, at a minimum, be graveled. g. The County Zoning Ordinance does not allow commercial auto repair and service to occur at the site. Only heavy/farm machinery service. Commercial auto repair is allowed in the C 2 Rural Service Commercial Zoning Districts and not the applied for Agricultural Production (AP 20) Zoning District. h. The South Columbia Irrigation District s Right of Way adjoining the applicants property shall not be used for access as it relates to the activities included in this CUP application and vehicles shall not be parked or stored within this designated ROW without written approval from SCBID or the Bureau of Reclamation. A copy of such approval shall be provided to the Planning Department for the CUP File. 2. Fire Code Official and Fire District #3 are requesting that 1) The property shall remain free of any fire hazards, including but not limited to weeds, debris, accumulation of new or used tires, discarded vehicle parts, hazardous waste, etc.; 2) A 20 access from Selph Landing Road to the applicants shop and parking area shall be maintained and kept clear and passable; 3) one (1) ADA parking space shall be provided adjacent to the shop. This space shall be paved, marked, signage provided and be a minimum of 8 feet in width; 4) Waste oil needs to be on a non flammable support and protected from vehicles or moved out of the traffic area; 5) Fire extinguishers need to be clearly marked and installed. 3. The County Building Official is requesting that 1) A Labor and Industry (L&I) Electrical Final Inspection be completed for the shop; 2) All welding shall be done outside the shop; 3) The steps on the south exterior side of the building are to be uniform see east side of steps. When there are 4 steps or more, a handrail is required in height from front edge of steps and the handrail ends are to be returned to posts. 4. County Public Works Department: Approach permits are required for any new approaches onto County Roads. 5. South Columbia Basin Irrigation District: The referenced easement (right of way) belongs to the Bureau of Reclamation and the District cannot authorize the use of right of way for ingress/egress. 6. Fire District #3: Ensure adequate fire apparatus roads are maintained as per section 503 of the International Fire Codes.

19 7. Benton Franklin Health Department: This office has no objections to the operation of a family run mobile repair business from this residence. Expansion of this business to include employees will require an on site sewage system and an approved public water supply. 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 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 proposal IS in accordance with the goals and policies of the County Development Regulations (Zoning) and the County Comprehensive Plan.

20 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 grants the applicant the ability to operate a farm machinery/heavy equipment service business in the Agricultural Production 20 (AP 20) Zone. As proposed, the applicant is proposing to utilize an existing shop to accommodate the farm machinery and heavy machinery business. A home and shop is currently located on the parcel of land. The property is part of Short Plat 81 24, which established the legal access to the property. 2. The applicant currently has three (3) signs advertising his business. Staff is requesting that the applicant be able to maintain the three (3) signs until such time that the County updates its current sign code. Once the updated code is adopted, the applicant shall bring the business and this approved CUP into compliance with the new sign code. 3. Applicant shall provide adequate parking spaces for the activities to occur internally at the site. Farm/heavy machinery and equipment shall be parked in a designated area and shall not be parked in the 20 clear access drive to the shop and home. All parking shall be on site. At no time shall parking occur along Selph Landing Road for this business. Equipment to be serviced at the site should be stored in the shop to the greatest extent possible. 4. No more than 10 pieces of heavy/farm equipment shall accumulate in the designated parking area at one time so as to not become a nuisance or junkyard. All parking areas for the business operation should, at a minimum, be graveled. 5. Fire Code Official and Fire District #3 are requesting that a) The property shall remain free of any fire hazards, including but not limited to weeds, debris, accumulation of new or used tires, discarded vehicle parts, hazardous waste, etc.; b) A 20 access from Selph Landing Road to the applicants shop and parking area shall be maintained and kept clear and passable; c) one (1) ADA parking space shall be provided adjacent to the shop. This space shall be paved, marked, signage provided and be a minimum of 8 feet in width; d) Waste oil needs to be on a non flammable support and protected from vehicles or moved

21 out of the traffic area; e) Fire extinguishers need to be clearly marked and installed. Applicant shall contact the Planning and Building Department, within 6 months of CUP approval, to arrange a meeting to verify the above items have been adequately addressed at the site. 6. The County Building Official is requesting that 1) A Labor and Industry (L&I) Electrical Final Inspection be completed for the shop. A copy of the approval shall be provided to the Planning Department within 6 months of CUP approval; 2) All welding shall be done outside the shop; 3) The steps on the south exterior side of the building are to be uniform see east side of steps. When there are 4 steps or more, a handrail is required in height from the front edge of steps and the handrail ends are to be returned to posts. Applicant shall contact the Planning and Building Department, within 6 months of CUP approval, to arrange a meeting to verify the above items have been adequately addressed at the site. 7. The South Columbia Irrigation District s Right of Way adjoining the applicants property shall not be used for storage or access as it relates to the activities included in this CUP application and vehicles shall not be parked or stored within this designated ROW without written approval from SCBID or the Bureau of Reclamation. A copy of such approval (access and storage) shall be provided to the Planning Department for the CUP File. 8. The County Zoning Ordinance does not allow traditional commercial auto repair and service to occur at the site. Only heavy/farm machinery service is allowed. Commercial auto repair is allowed in the C 2 Rural Service Commercial Zoning Districts and not the Agricultural Production (AP 20) Zoning District. 9. The Benton Franklin Health Department has no objections to the operation of a family run mobile repair business from this residence. Expansion of this business to include employees will require an on site sewage system and an approved public water supply. 10. Applicant is required to apply for and receive a Franklin County Business Registration on an annual basis. 11. Approach permits are required for any new approaches onto county roads. 12. Any discontinuance or abandonment of the approved use for a period of one (1) year shall null and void this approval. 13. 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. 14. 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.