Planning Commission - Regular Meeting

I'd like to Joel.

Hey Joel. Manny. Good. Nice to meet you. this one or right here. They're assigned until the next meeting when someone puts out those ones in a different order. Okay.

Got to make sure it's not deers. Oh yeah, I got It is 6:00 and I call this February 3rd, 2026 regular meeting of the Franklin County Planning Commission to order. We have one commissioner on the phone or is he's not on the phone. Okay. Will planning staff please call roll and announce whether or not we have a quorum.

Mike Corales here. Mike Vincent here. Here. Mark.

Manny Gutierrez here. Stacy Knifton and Joel Prant. Yes. Here. Uh, chairman, we have a quorum. Thank you. I will now lead us in the pledge of allegiance.

Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Staff would like to add an agenda item before we begin the public hearing portion to address any warned to address and warn citizens on a scam targeting local property owners as it pertains to planning applications. I will entertain a motion to approve the agenda for tonight's meeting. Mr. Chairman, I move that approve the agenda for tonight's meeting.

Second. has been moved by Commissioner Vincent and seconded by Commissioner Daroo. All in favor signify by saying I. I. I. All oppose. Same sign. Motion passes. I will entertain a motion to approve the minutes from the January 6, 2026 meeting. Could we approve the minutes from the January 6? I will second. Second. It's been moved by Commissioner Vincent. Seconded by Commissioner Gutierrez. Uh all in favor signify by saying I. I.

All oppose. Same sign. Motion passes. Will staff in attendance please introduce yourselves. Jim Bellamore, planner two. Sam Albby, planner one. Wes McCart director.

Thank you. It is now time for the public hearing portion of our meeting. Good evening and welcome. Here are the ground rules for tonight's meeting. In-person public testimony will go first. Each person will be called up to speak during their allotted in-person public testimony section. Please state your name for the record. Second, emailed comments received during the public hearing will be read into the records by staff after the person person testimony section of the hearing. Three, all comment shall be addressed to the planning commission and should be relevant to the application. Four, each speaker shall have five minutes to provide testimony and shall speak into the microphone. Five, please avoid repetitive comments. Six, be respectful to each other, avoid attacks or disruptive behavior. Are there any questions regarding the public hearing ground rules? Turning for a moment to our commission members, let us keep in mind that we are prohibited by law from communicating with members of the public on the subject matter of these hearings except in these hearings. We also may not participate in a discussion in which there is appearance of conflict of interest to the average person. So let us take a minute to consider as to the matters which are before us for hearing today. Whether we had any exparte communications, whether we have any ownership interest in the properties, whether we have any business dealings with proponents or opponents of the matters, or whether we have business associates or immediate family who will either benefited or harmed by decisions in these matters. Are there any commissioners who have a declaration regarding any of these items on the agenda? And I do. I will be recusing myself for the last item, item three. Is there anyone in the audience who

would object to any commission member hearing any of the items on this agenda? Does anybody want to declare on Well, that's just me and you now. Yeah.

I'm not going to recuse myself. I'm not either, but just a declaration on my part is that I've been a member of St. Paul's Church for over 30 years. I expect to refuse myself. Okay. Thank you. Okay. The order of the hearing shall be as follows. Planning staff shall provide a staff report. The commission may ask questions of staff. The applicant or applicant's representatives presentation. In-person public testimony. Email public testimony read into the record by staff. Final staff comments if any. Close the public testimony and planning commission discussion, deliberation of the proposed action. Are there any procedural questions before we begin the public hearing? I hope not.

Ju just the ones that would come in uh while the hearing is going. Everything else has been supplied to them in writing. Okay. You want to do the scam announcement?

Um yeah, thank you, Mr. Chairman. Um, just want to make the public aware, but I also want to make all of the folks that have any applications that may come in front of the planning commission aware. Uh, this has been going on since last year in the middle of the year. Uh, and it just recently happened again where one of our um one of our applicants and was received an email and there's a lot of misspellings. They're using my name. They're they've got me down as planning director. Um, they're basically saying that we cannot move the project forward without uh a payment. and they actually send out an invoice. And I'll actually hold this up. I mean, it looks pretty official. And they're asking you to deposit money via wire transfer. Uh we do not accept wire transfers for any projects. It's generally amongst uh anybody who's got a proposal in front of the planning commission. I hope it doesn't expand beyond that. Um, so you know, I just want the public to be aware that we don't if you're if you're coming in front of our department to process something. When you put in an application, we're asked for the money for the appropriate fees at that time. When you get a building permit, when you pick that up, you ask for the appropriate fees at that time. We do not send you emails requesting fees later. And if you ever question the fees over here, please reach out and contact us directly. But please do not ever try and wire transfer any money to us because

it's not coming to us. It is a scam. And I I I just feel really horrible that this is happening. It's continuing to happen. And fortunately, I think we've we've lucked out. We haven't had anybody fall for it. But I I really don't want somebody to fall for it. So, wanted to make sure that that's out there. There's a press release that the commissioner's office put out on our behalf today. Uh, and I'm sure they'll address it again tomorrow in their meeting, but I wanted to address it tonight. Thank you, Mr. Chairman.

Thank you. Item number one is a public hearing for file CUP 2025-12 SEPA 2025-25 Richview View Water System. This proposal is a renewal conditional use permit CUP for an existing group A public water system facility which was previously approved under CUP 2023-3 SEPA 2023-9. The previous cup covered the construction of a driveway and parking area, one booster station, two reservoir tanks, six foot fencing, two separate wells, backup generator, water pipes, and underground irrigation canal. This proposal also includes the expansion of the service area of the system and the installation and construction of piping to serve these areas under the renewal conditional use permit. The number of approved connections is not increasing. I declare the public hearing for CUP 2025-12 SEPA 2025-25 to be open at 609. May we have a st May we have staff present please?

Good evening commissioners. I will present CUP 202512 CPAD 202525 for the Rich View Water System um renewal of their CUP and expansion of their service areas. The Ridge View Water System is located at 2460 Frasier Road, Pasco, Washington 99301. The parcel number is 124300373. The zoning of the parcel where the water system is located is zoned agricultural production 20 acres or AP20. The parcels in which the service areas are located are zoned RC1, RC5, AP20 and PUD depending on the location. Uh the comprehensive plan designation for the richview water system location is agricultural. The comprehensive plan designation for the service areas is rural shoreline development and agricultural. The approximate property size on where the richview water system is located is 3 acres. This proposal as mentioned is a renewal of their previous CUP um for an already existing group A public water system. It was previously approved under CUP 2023 and SEPA 202309. There is no changes in terms of what is already on the facility for the existing rich view water system. Um the service areas uh the service the service connections is not increasing based on this cup but they are expanding their service area. Here is the uh service area map of the richview water system. uh the existing group A water facility. The previous CUP covered the construction of a driveway, parking area, one booster station, two reservoir

tanks, six-foot fencing, two separate wells, backup generator, water pipes, and underground irrigation canal. The previous cup was given a condition of approval that states this CUP will expire in one year. Uh on September 18, 2024, the applicant reached out to the planning department to request an extension under FCC1 1410100. The previous planning director granted the extension via email to extend it for 12 months with a new expiration date of October 25, 2025. Since the Richview water system holds a municipal water right and such water rights are in Kuwait, water rights that don't carry the use it or lose it designation and the public being served by this water system depend upon this delivery for public health and safety. The planning department is not setting an expiration date for this CUP renewal. This cup is being conditioned upon the approval and future approvals of water system plan by the Washington State Department of Health and Department of Ecology. This proposal also includes the expansion of the service area of the system and the installation and construction of piping to serve these areas under this renewal cup. Uh the number of approved connections is not increasing. The new service areas include the Pomona properties, Field and Clifford Farms, uh, Mullen the Plateau, Underwood Estates, and Coler Estates. Here is the service area expansion. As you can see, the red is the Pomona properties, which is the Cherrywood PUD. Um, the blue is the Field and Clifford Farms. The green is the Underwood Estates. This pink one here is part of the Plateau at River Ranch. And then this purple one here is part of the

color estates color PUB. On May 22, 2024, the Department of Ecology Eastern Region Office approved the group A Community S1 source approval pertaining to the Rich View Water System. Per ecologies letter, no issues of concern were identified during the review of the water system plan and/or supplemental documentation that was submitted by the applicant. On May 16, 2025, the Department of Health Eastern Drinking Water Regional Operations approved the water system plan for the Richard View water system. The water system the water water system plan approval will expire on May 16, 2035. On December 18th, 2025, Franklin County issued a Decea determination of non-significance. Comments were due on January 8th, 2026. The Washington State Department of Ecology filed the notice of DNS under SEIPA 2025 05282 on the SEPA register. We received comments from the Department of Ecology on January 7th. their water resources program department mentioned that the water purveyor is responsible for ensuring that the proposed uses are within the limitations of its water rights. Um the water quality program mentioned that routine inspections and maintenance of all erosion and sediment control must follow best management practices during construction. The public works department for Franklin County commented on January 7th, 2026, mentioning that an approach permit is required for access to Franklin County roads. Any utility in extend extension crossing Franklin County roads will be addressed at the time of the application and a current franchise agreement or franchise agreement application shall be required for all utilities within county

rightway. We received one public comment um before this meeting regarding the proposal from Cynthia Muse on January 9th, 2026. Block One residents oppose extending the Richview water system north towards um Sage Moore Pomona because it would push public water service into agricultural lands and could enable PUDS and scattered checkerboard development. The area currently support supports small acreage uses that generally coexist with surrounding farm operations and they believed that the system expansion would undermine long-term agricultural land use goals. There were concerns about groundwater supplies in the southern count county um which are already under study and may be strained by existing and planned growth near the river potentially affecting current wells. Uh the applica the com uh resident believes that we should the planning commission should align decisions with an with ongoing groundwater studies and to prioritize resource protection and sound planning over development pressure or tax revenue arguments. These are the recommended findings of fact. Uh the proposal is in accordance with the goals, policies, objectives, maps and or narrative text of the comprehensive plan. The comprehensive plan designation of the rich water system is agricultural. The comprehensive plan designation of service areas in the rural show is rural shoreline development and agricult agricultural. The zoning of the Richview water system is AP20 agricultural production 20 acres. The parcels in which service areas are located um are zoned RC1, RC5, AP20 and PUD depending on the location. The construction of a proposed group A public water system would be considered a utility facility

under Frank Franklin County code 17.82.02 under unclassified use subsection M. The location of the rich water system facility is in a parcel that is not considered alt text land. This proposal will not adversely affect public infrastructure. The access to the proposed site will be through uh from Frasier Road. The Franklin County Public Works Department has determined that the proposed use will not have a significant impact on the county road system. The proposal will be constructed and maintained and operated to be in harmony with the existing or intended character of the general vicinity. The existing car character of the im immediate area consists of farms, farm staging area, single family homes, and an underground irrigation canal. The existing and intended character of the project area is agricultural as designated by the Franken County comprehensive plan. The site is within an agricultural area as designated by the Franken County comprehensive plan. Uh the construction of group A water system will not impair the ability for residential activities to continue, nor will it have a negative impact on the intended character of the general vicinity. The location and height of the proposed systemsru uh the proposed structures and site design will not discourage the development of permitted uses on the property in the general vicinity or impair the value thereof. All structures will be at or below maximum building height of the AP20 zoning district which is 35 ft. The proposal in connection 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 that would be the operation that would then would be the operation of any

permitted uses within the district. The traffic of employees to the site will be intermittent intermittent and typically only for repairs, emergency maintenance or monitoring purposes. The proposal will not endanger the public health safety if located and developed where proposed or in any way will become a nuisance to the uses permitted in this district. The project is subject to the country the county's right to farm ordinance. The group A water system will not have a negative effect on the public health safety and general welfare. The project is required to comply with the rules and regulations set forth by the Washington State Department of Health and the Office of Drinking Water for a group A water system. These are the recommended conditions. They must comply with the requirements with the Washington Department of Ecology. They must comply with the requirements of the Franklin County Public Works Department. They're required to comply with the requirements of the Franklin County Planning and Economic Development Department in which they are required to use best manage man best management practices to minimize dust during construction. They're required to uh the development shall avoid disturbance of virgin hawk breeding habitat sites where feasible. The project shall implement a storm water pollution prevention plan. An inad an inadvertent discovery plan shall be prepared and implemented for the project through all phases. Any future service expansion of the Richview water system shall be considered a minor change and shall only be subject to administrative approval by the planning director given that it stays within the boundaries of the rural shoreline development lamard. The applicant is required to submit copies of any future approval letters from the Washington State Department of Health and Department of Ecology as it

pertains to the Richview water system plan, supplemental documents, and any amendments to any plans of the water system to the Franken County planning and economic development. The conditional use shall not expire and continue to be in place contingent upon continuing approval of the water system plan from the Washington State Department of Health and Department of Ecology. Before any construction of any structures, a Franklin County building permit application shall be submitted to the planning and economic development. Any movement of soil of more than 50 cubic yards outside of the county road shall require a Franken County grading permit. All structures shall comply with the standards of the current state and currently adopted international building codes. Any deviations from the submitted plans shall be submitted to the Franklin County Planning and Economic Economic Development for review. Outdoor lighting for the group A public water system facility shall be shielded down. Any disc discontinuence or aband abandonment of the approved use for a pre period of one year shall make this conditional use permit approval null and void. Any use of the proposed development per for purposes other than the approved use shall deem this conditional use permit null and void. This the site shall be maintained at all times as not to uh let the land become a fire hazard. They shall comply with the Franken County Fire Code. Uh the applicant shall be aware that this area is in the right to farm and shall comply with the right to farm ordinance of the county. Uh should there be any archaeological materials or human remains during the project, all work in the immediate vicinity shall stop and they are required to report it to the department of archaeology and historic preservation. Uh future expansion and improvements at the site shall comply with the submitted

and approved plans. Any changes shall be deter um which are determined minor or incidental may be administratively approved by the planning director. Major changes are required to be reviewed per current code and a new conditional use permit shall be obtained prior prior to that major change. Nothing in the cup approval shall be construed as excusing the applicant from federal, state, or local statutes, ordinances, or regulations applicable to this project. In accordance with the county code, the board of county commissioners after a public hearing may revoke the conditional use permit if uh the conditions have not been fulfilled. This permit applies to the lands described and shall be for the above mentioned individuals and or his heirs and or assigns. By accepting the permit, the uh this the issuance of this permit, the permit holders agree to accept full responsibility for any and all operations conducted or negligence occurring at this location and any incidents that occur on the surrounding properties caused by operations or negligence at this location. Here is the suggested recommendation or motion. I move to forward CUP 202512 CPA 202525 to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and 15 conditions of approval. Thank you.

Thank you. Does any commissioner have questions of staff? Does the applicant or applicant's representative wish to speak or give a presentation?

Uh, good evening, planning commission. I'll keep it brief this evening. Uh, Peter Harpster, uh, here this evening representing the, uh, owner of the Richview Water System. Uh just want to thank staff for their time in uh getting this here this evening. Um appreciate the efficiencies. The state we had to go through the same process with the state and they took two years. So it's refreshing that I think we only submitted this maybe two months ago or so. Um we don't have any objections or issues with any of the conditions of approval as presented uh or with any of the agency comments that were received. Um, as staff stated, the only change tonight is expanding the service area. And I just want to make that point clear that the number of connections 600 that was previously approved is not expanding. Um, and in fact would take a whole another set of approvals with the state and, uh, whatnot. And so, um, at the time that the initial cup was submitted in 2024, we had a few properties identified that would likely connect to the Richview water system. Now that several months have gone by and a year and a half or so, we've identified more. Those are those properties that were added. Um, one of the points that mentioned that was mentioned in the report is that we could potentially add more properties in the future if they're part of the rural shoreland development, Lambert. And really, those are the only places where you can even do development that would use a group A system like this. Um, other than that, I I don't think I have anything else, but uh, happy to answer any questions if they come up. Thank you. I had a question. As you expand uh the the uh resource there, do you plan on uh going under Columbia River Road? Right.

Yes. Yep. And move towards Pomona development, correct? Does it go any further north than that? Not at this point.

No, the Pomona development will be the furthest north and that's about at the boundary of that Lambert anyways. There's properties to the north, but they're smaller parcels with single family homes on them already. So, that would be the furthest north. And really, the only other property that is already included, but it does not yet have development plans at this time is the field property uh south of the Pomona property north of Columbia River Road. Thanks. Okay. Thank you. Is there any in-person public testimony? There any email public testimony?

No, Mr. Chairman, there's not. Does staff have any final comments? No final comments. I will entertain a motion to close the public comment portion. Move to close public comment. Second. It's been moved by Commissioner Daroo and seconded by Commissioner Vincent. All in favor signify by saying I. I. All opposed.

Motion passes. The public testimony portion of public hearing for CUP 2025-12 SEPA 2025-25 is closed. Is there any discussion from the public from the planning commission members? Seeing none, I will entertain a motion. I move to forward CUP205-12- SEPA 2025-25 to to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and 15 conditions of approval.

I'll second. It has been moved by Commissioner Gutierrez and seconded by Commissioner Daru to move forward CUP 2025-12 SEPA 2025-25 to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and the 15 conditions of approval. Is there any discussion? No discussion. May we have a roll call vote, please? Mike Corales, yes. Mike Vincent, yes. Remy Daru, yes.

Mark Dutder, uh Manny Gutierrez, yes. Stacy Knifton, absent. Joel Brandt, yes. Uh Mr. Chairman, uh the motion has passed. Thank you. I will entertain a motion to close the public hearing on item number one. I move to close the public hearing on item number one. Second. Been moved by Commissioner Vincent, seconded by Commissioner Daroo. All in favor signify by saying I. I.

All oppose. Same sign.

Motion passes. Public hearing is closed. Item two is a public hearing for cup 2025-13 St. Paul the Apostle Catholic Church Colombarium. The request is to allow for the construction of an above ground cemetery consisting of five columbarium units 72 in each and six mausoleum units six crypts each with the entire immediate area to be hardscaped. I declare the public hearing for CUP 2025-13 to be open at 6:31. May we have a staff report, please? Uh good evening commissioners. The uh address of the site is 14181 Glade North Road, Eltopia, Washington 99330. Parcel number 123 010213. The current zoning is agricultural production 20 acres AP20. Uh the comp plan use a comprehensive plan is agricultural. The property size is approximately 5.1 acres. The property is located in the northeast uh quarter of section 1, township 11 north range 29 east Wamtt Meridian, Franklin County, Washington. Uh property is generally located north of Eltopia West Road, east and south of Glade North Road and west of Furrest Road in un incorporated Franklin County. um request uh CUP application is to allow for the construction of an above ground cemetery consisting of five colarium units, 72 niches each and six mausoleum units, six crypts each with the entire immediate area to be hardcaped as you said. Uh this is the vicinity map so you get a better idea of where the property is. Uh the applicant also provided a site plan which shows the location of the

following features. um location of uh the uh columbarium units and the uh crypts in relation to the church. Uh per Franklin County code uh 17.10.040, 040. The following um additional uses may be permitted subject to cons uh securing a uh conditional use permit, cemeteries, crematoriums or mausoleiums. Um alongside the conditional use permit application, the applicant submitted building plans that they will end up using for the proposed above ground cemetery. This proposal is consistent with the overall intent of the AP20 zone and the requirements for cemeteries. The approval of this cemetery on the site is consistent with the built environment and the uh surrounding properties in the neighborhood. Uh proposed use is in accordance with the goals and policies of the Franklin County comprehensive plan. Staff received no public comments during the notice period. uh public works uh department commented on January 7th um that they have concluded the proposed use will not have a significant impact on the county road system. But they have the general uh the following general comments. An approach permit is required for access to Franklin County roads per the county road approach policy uh resolution number 2014123. Requirements include uh required permits, approach construction, minimum design standards, etc. Per Franklin County design standards for the construction of roads and bridges. Resolution 2002 270. Any utility extension crossing Frank Franklin County roads will be addressed at the time of application. Please see accommodation of utilities on county road right ofway. For more information, the Franklin County Planning Economic Development Department uh has the following comments. Uh we have determined the following subjective findings and recommendation uh recommended conditions for the

application request should the plan commission uh move forward with the positive recommendation to the board of county commissioners for the construction of the cemetery. Franklin County building permit application shall be submitted to the Franklin County Planning Economic Development Department. Cemetery shall comply with the standards of the current state uh and 2021 International Building Code. The cemetery shall not be sold separately from the church or other existing structures on the property. Any deviations of the from the submitted site plan or the building plan shall be submitted to the Franklin County Planning and Economic Development Department for review. Here are the following suggested findings of fact. Number one, the proposal is in accordance with the goals and policies of the county development regulations, zoning, and the applicable comprehensive plan. A, the Franklin County Comprehensive Land use designation as agricultural. B, the county zoning code designates the land as agricultural production 20 acres. Uh, C, the construction of a cemetery requires a conditional special use permit. And D, the applicant has applied for a conditional special use permit to allow for the construction of a cemetery on parcel 1230 and 0213. Uh, number two, the proposal will not adversely affect public infrastructure. Uh the Franklin County Public Works Department has determined that the proposal will not have a significant impact on the county road system. Three, the proposal will be constructed, maintained, and operated in harmony with existing or intended character of the general vicinity. A, the existing and intended character of the area is agricultural production 20 acres as defined by Franklin County Comprehensive Plan and FCC uh 17.16. B. The proposed cemetery will not generate excessive traffic, noise, or light and will not interfere with residential or agricultural activities or surrounding properties. C. The proposed cemetery will not have a negative impact on the intended

character of the general vicinity and surrounding properties. Number four, the location and height uh of the proposed structure and site design will not discourage the development of permitted uses on property in the general vicinity or impair the value thereof. A. The proposed cemetery shall not exceed the maximum building height of an accessory building in the AP20 zoning district which has a maximum building height of 35 feet. Number five, the operation in connection with 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. Number six, the proposal will not endanger the public health, safety, or general welfare if located where proposed. A the proposed cemetery will not have a negative impact on public health, safety, and general welfare. The cemetery is required to comply with the health district and public works regarding uh health and access safety standards for the proposed use. And the following are the suggested conditions of approval. Number one, comply with the requirements of the Franklin County Public Works Department. A, an approach permit is required for access to Franklin County roads per county road approach policy. Uh resolution number 2014123 requirements include required permits, approach construction, minimum design standards, etc. per Franklin County design standards for the construction of roads and bridges resolution 200270. B. An utility extension crossing Franklin County roads will be addressed at the time of application. C. Accom accommodation of utilities on county road right ofway. For more information, resolution 20330. Number two, uh, comply with the requirements of the Franklin County Planning and Economic Development Department for construction of the cemetery of Franklin County building permit application shall be submitted to the Franklin County Planning and Economic Development Department. Cemetery shall comply with the standards of the current state and currently

adopted International Building Code. Cemetery shall not be sold separately from the church or other existing structures on the property. Any deviations from the submitted site plan or building plans shall be submitted to the Franklin County Planning and Economic Development Department for review. Number three, outdoor lighting at the proposed cemetery and all existing structure shall be shielded down. This will assist in ensuring that outdoor lighting will not become a nuisance to neighboring properties and will limit light pollution in the rural area. Number four, any discontinuence or abandonment of the approved use cemetery for a period of one year shall make this conditional use permit approval null and void. Number five, any use of the proposed cemetery for purposes other than the approved use shall deem this conditional use permit approval null and void. Number six, the site shall be maintained at all times as to not let the land become a fire hazard or accumulate with debris and weeds. Number seven shall comply with the Franklin County Fire Code as expressed in Franklin County Code Chapter 8 uh section 4. Number eight, right to farm. Uh applicant shall be aware that this facility is located in an area where farming and farm operations exist. Further to assist in preserving the right of farmers to operate utilizing accepted and appropriate practices, the county has adopted a Franklin County right to farm ordinance as amended. At no time shall a farm operation or accessory farm related enterprise such as a crop dusting operation or airirst strip abuse be deemed to be a public or private nuisance as it relates to the activities associated with uh this land approval. Number nine, should archaeological materials um such as bones, shell beads, ceramics, old bottles, hearths, etc. or human remains uh be observed during project activities, all work in the immediate vicinity shall stop. the state department of archaeology and historic preservation and the Franklin County planning and economic development department, the affected tribes and county coroner county coroner if

applicable shall be contacted immediately in order to assess the situation and determine how to preserve the resources. Compliance with all applicable laws pertaining to archaeological resources revised code of Washington uh 27.53 27.44 44 and uh WAC25-48 is required. Uh number 10, future expansions and improvements at the site shall comply with the submitted improved plans to allow for the future flexibility. Changes to the plans which are determined to be minor or incidental may be made administratively by the planning department. Major changes which do not meet with the intent of or seriously realign the approved plans shall be reviewed by the planning commission through a new conditional use permit prior to that change occurring. 11. Nothing in the 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. Number 12. In accordance with the county's zoning code, any special permit may be revoked by the board of county commissioners if after a public hearing it is found that the conditions upon which the special permit was authorized have not been fulfilled or if the use authorized was changed in size, scope, nature, or intensity so as to become a detriment to the surrounding area. The decision of the board is final. Number 13. This permit applies to the lands described and shall be for the abovementioned individual and or his heirs andor assigns. Any transferring of this permit will require that notice be granted to the Franklin County Planning and Economic Development Department or the permit will be cancelled. Once granted, the permit cannot be transferred to another site. Number 14. By accepting this issuance of this permit, the permit holders agree to accept full responsibility for any and all operations conducted or negligence occurring at this location and any in incidents that occur on surrounding properties caused by operations or

negligence at this location. permit holders uh further agrees to indemnify and hold the county harmless and agree that the county is in no way negligent in relation to grant granting this permit or operations or negligence on this property. Permit holder further agrees to accept full responsibilities for any future cleanup needed due to activities conducted that this location uh the impact surrounding properties and obtaining and retaining appropriate insurance coverage. Uh the suggested motion is um I move to forward CUP 2025-13 to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and 14 conditions of approval. Thank you. Uh little correction really quick uh because I can't read. There's five colarium units that are not 72 in. There's 72 niches in each. Does any commissioner have any questions? Does the applicant or applicants representatives wish to speak or give a presentation?

Yeah. I also will be brief. Name and address. Denny Hayden, member of St. Paul's Parish. Thank you. Um, thank you for that presentation, Mr. Albby. I don't have anything to add to that. That's a complete work up on what we're going to do. Uh, the recommendations are reasonable and there's something that we would adhere to and uh, move forward with. So, I just entertain any questions that you guys might have.

I got a question. what it with this planning process, what does it do? And I know that staff mentioned a few things that I may have missed, but what will this process and and this project do to protect the farming resources around? And how will it damage some of the resources around that area? Uh, I don't anticipate any damage to the resources around there. We're just going to rellandscape an area that's already landscaped just that attaches to our church, a lawn area, and we're going to hardscape that and put in the colarium and mausoleum units. Okay.

And they're prefabed. They're solid granite. So um did you say solid granite or concrete? Granite. Granite. So there's no concrete actually being installed in Well, there will be concrete in the hardcape because when I hear hardscape, I I think pavers concrete that's the the floor. This will be concrete and pavers. Okay. And then the units will be a solid prefabbed granite units. Okay.

Thank you. question is does the approach is just relative to the main permit that's required as far as construction of the uh the approach onto Glade Road. Right. There will be no separate approaches. We don't need anything. It's just approaching the church as normal.

I just wondered if that was the requirement as far as construction of an approach coming off the existing uh entry that's been there. Uh that's just kind of a general standard uh public works uh comment regarding approach permits. So that way they ensure that um any uses or uh proposed uh conditional use permits are covered under uh the required approach permits that approaches are up to legal standards. So, so if I might add to that just a little bit, public works uh will generally add that comment in. Um you get old old permits that were done for buildings and stuff and their approaches aren't up to standard. And if you do a new project, they sometimes they do a driveby, they check it, make sure the approach is up to standards. If not, you do need to bring your approach up to the current standard when you do a new construction project. So it will be their call on that whether that's

it. It is it is their call. They they will go out and do an inspection when the building permit comes in. Okay, great. Anything else? Thank you. Is there any more public testimony? Is there any email public testimony? No. Chairman, does staff have any final comments? Uh, no, Mr. Chairman. I will entertain a motion to close the public comment. Move to close public comment. Second. It's been moved by Commissioner Daroo and seconded by Commissioner Vincent. All in favor signify by saying I.

I. All oppose. Same sign.

Motion passes. The public testimony portion of the public hearing for CUP 2025-13 is closed. Is there any discussion amongst the commissioners? Okay, seeing none, I will entertain a motion. move to forward CUP205-13 to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and 14 conditions of approval.

I will second. It has been moved by Commissioner Daru and seconded by Commissioner Gutierrez that we move to forward CUP 2025-13 to the board of county commissioners with a positive recommendation based on the six suggested findings of fact and 14 conditions of approval. Is there any discussion? May we have a roll call vote? Mike Corales? Yes. Mike Vincent? Yes. Remy Daru, yes. Manny Gutierrez, yes. Joel Prantle, yes. Chairman, the motion has passed.

Thank you. Here you go. I'm out of here for the last one.

Thank you, M. Mr. Corales. Okay. Okay. So, I'm going to head up item number three, which is a public hearing for file CUP 2025-10 SEPA 2025-18. Excuse me. White Bluffs Dairy Expansion. The proposed development is for the expansion and reconfiguration of the existing 700 cow milk dairy to accommodate a 9,500 cow herd size. Demolition of the current milking parlor, animal corrals, cow shade, and other miscellaneous outuildings will be part of this project. Approximately 113 acres of feed crop production ground will be converted to dairy production ground. The following structures are proposed in this project. Approximately 57,000 square ft of milk parlor building 12 open lot corral. Six 1,100 ft long concrete lanes for each corral's feed alley. expansion of five existing 6,000 square ft free stall barns, a 12,800 ft² comedy barn with a maintenance shop facilities, two 10,000galon diesel fuel above ground storage tanks, paved driveway/parking area with approximately 20 parking spaces, a liquid manure processing and

storage system, and a manure solids and compost post storage area. I declare the public hearing for CUP 2025-10/PA 2025-8 to be open at 6:51 p.m. May we have staff present the staff report, please?

Good evening, commissioners. I will present cup 202510 sea 202518 for the wife bluffs dairy expansion. The project is located at 6201 North Wuk Road Misa Washington 99343. Parcels there are three parcels involved. Parcel number 121 06 012, parcel number 121 060 013 and parcel number 121 060 075. The county zoning is agricultural production 20 acres AP20. The comprehensive plan designation is agricultural. The total property size is approximately 173.03 03 acres. As mentioned earlier, the proposed development is for the expansion and recon configuration of the existing 700 cow milk dairy to accommodate a 9500 cow herd size. Demolition will be involved in the construction of the new dairy. There will be grading involved um with the approximately 113 acres of feed crop production ground and there will be construction of multiple structures on the proposed site. Here is the location of the site. Uh the existing operations of the dairy their current site operates as a 700 cow head dairy farm and produces feed crops from the agricultural ground. Existing infrastructures include the following. 15300 square foot herring bone milking parlor, 56,000 square ft, freestall barns, nine animal pens, four with shades, five without shades, 1 4,000q ft

commodity barn, one 2.5 milliongal waste storage pond, one500 ft office building, one,200 ft manager's residence. The adjacent 132 acre agricultural field to the west of the existing dairy is currently used to produce feed crops. The proposed project demolition phase uh the current milking parlor animal corrals, cow shades, and some miscellaneous outuildings will be demolished as part of the proposed project. The existing freestyle barns, commodity barn, office building and manager residence will be kept. Regarding the grading and ground prep, approximately 113 acres of foreign land located on parcel 121 060 012 will be converted to dairy production ground. Um excavation will be performed to accommodate underground piping, utilities, footing excavation, collection sumps, waste storage ponds and portions of sight grading. Maximum earth movement is approximately 200,000 to 300,000 cubic yards. Fill material will be determined by a Washington state licensed professional geotechnical engineer. Phil sources are currently not yet determined. However, all important imported fill materials will come from a county approved material material source. Regarding the construction, the following structures will be constructed. an approximately 57,000 square foot milk parlor building containing an 86 stall rotary milk milking parlor capable of milking 8,000 cows per day. Milk cooling and holding areas with three 30,000galon milk storage tanks. A special needs hospital

facility. 12 open corral or pens holding 700 cows each. 20 cow shades. six 1100 ft long concrete lanes serving each corral's feed alley. Expansions of five existing 6,000 square ft freestall barns ranging from 3,680 to 4,480 square ft in size. Uh the expansion will bring the total range uh size range of the freestall barns to around 10,000 to about 11,000 square ft. The barns will be configured to use scrape and vacuum methods for manure collection. A 12,800 square foot commodity barn with maintenance shops facilities and two 10,000galon diesel fuel above ground storage tanks. A paved driveway parking area from Wuk Road with parking space for approximately 20 vehicles. A le liquid manure processing and storage system consisting of a manure reception and collection pit. A manure solids separation system consisting of four screw press separators. Two settling B basins for additional solids precipitation from separated liquid. two synthetically lined 15 million gallon waste storage ponds meeting the Washington Department of Ecology CAFO permit requirements a manure solids and compost storage area consisting of a graded and compacted soil pad here is the proposed layout of the site on which they are proposing their buildings it's also in the packet regarding the water for the proposed project currently two wells supply water to the operating facility, a 6in well

located west of the milking parlor, and a 6-in well located near the manager's residence. Water for the project will be withdrawn from wells for domestic water use. Industrial uses, including non-transient, non-comm community public water system used in stock water purposes. Domestic and industrial uses, will not exceed 5,000 gallons per day. The applicant estimates the stock water withdrawals based on the rough assumption of 25 gallons per day per cow of water consumption. It will be approximately 75 acre feet per day. Regarding the sewage and septic, two septic systems will be present at the project site, the milking parlor system and the manager's residence system. Only human generated domestic waste or black water will be discharged into the parlor system septic tank. Industrial waste and gray gray waters from milking operations are discharged to the waste storage bonds. The size of the parlor system tank is expected to be 1500 gallons. The manager's resident system is expected to be 1,000 gallons in size. Regarding the traffic, a traffic impact analysis was requested by the Franken County Public Works Department as part of the cup sea review process. public works indicated in their comment per review of the TIA that the dairy expansion will have a significant impact on the county roads and are requiring conditions to be met in order to mitigate for the dair's impact on the county road system. Um, regarding the Franken County right to farm ordinance, the Franken County Code 5.12 right to farm is intended to protect lawful agricultural activities on farmland from nuisance lawsuits. Agricultural activities consistent with good agricultural practices are presumed reasonable and are not a nuisance unless

they substantially harm public health and safety. Compliant activities also cannot be restricted by hours or days of operation. Franken County Code 5.12.040 040 defines agricultural activity broadly to include noise odors, dust or fumes, machinery operations, movement of equipment or livestock, andor the construction or maintenance of farm buildings and roads, including new technology. A dairy expansion to approximately 9,500 head would involve these listed activities and therefore falls under the presumption of reasonleness under a substantial public health safety impact unless a substantial public health or safety impact is shown. There is the Franken County odor and fly control guidelines. Franklin County's odor and fly control guidelines under county resolution 2001238 applied to this dairy expansion and uh the guidelines were used in the application review. The guidelines recognize odor management as important but also acknowledges that no livestock operation can be completely odor-free. Zoning should be used to minimize conflicts where possible. The focus is on reducing odor impacts where feasible, frequency, duration, and intensity, and addressing neighbor concerns. For larger dairies over 500 head, a conditional use permit is required, and expansions should evaluate site conditions and manure handling practices to avoid or reduce potential problems, especially especially near neighbors and major roads. uh as part of the planning analysis under um nutrient management plans. Nutrient management plans or NMPPS are required under the Washington's dairy nutrient management act and are approved

or enforced by the Washington State Department of Agriculture. NMP objectives focus on protecting water quality, preventing contaminated wastewater discharges to surface waters, preventing contaminant migration to aquifers, and meeting the Clean Water Act and other legal requirements. Plan requirements help reduce the risk of nitrate and nutrient buildup in soils through proper nutrient application rates and timing. The applicant will submit an NMP to the Franken County Conservation for review per RCW90.64 and provide a copy to the Franken County Planning Department. Under the general discharge or CAFO permit, the the Clean Water Acts National Pollutant Discharge Elimination System or NPDEES program regulates point source d discharges to waters of the US through permits. Large livestock operations are regulated under the NPDES con concentrated animal feeding operation or CAFO permit which is a no discharge permit that generally prohibits discharges except under limited conditions and requires protective management practices and recordkeeping. as a CA cafo permit product uh condition. The applicant must submit a manure pollution prevention plan or MPPP to the Washington State Department of Ecology outlining practices to prevent manure or processed wa wastewater and related pollutants from reaching surface waters. The applicant will provide a the CAFO permit and MPPP to the Franklin County Planning Department. uh regarding the SEIPA environmental review on November 11th, 2025, a SEIPA notice of application optional

determination of non-significance um mitigated was issued by the lead agency which is Franken County. Comments were due on November 28th, 2025. The Washington State of Ecology filed the notice of ODNS Noah M under SEPA 2025 0475A on the SEAR register. On January 26, 2026, a SEPA mitigated determination of non-significance was lead issued by the lead agency. No comments were required for the final determination. The Washington State of Ecology filed the ODNSM under SEPA 202600336 on the SEPA register. These are the agency comments received by the department during the comment periods. Uh the department of ecology commented on November 26, 2025 um under the air quality program that depending on the potential emissions from the diesel fuel storage tanks and composting operation, a notice of construction application may be needed may need to be submitted um per WAC 173400110 and 173460150. the solid waste management program commented that the applicant proposes to demolish existing structures. Um they recommend uh they mentioned that improper waste disposal um including demolition waste can result in environmental health hazards. We encourage the applicant to salvage, reuse and recycle as much of the waste as possible. Recycling demolition debris is typical typically less expensive than disposal. Otherwise, the demolition waste must be disposed of at a permitted solid waste facility. The water quality program mentioned that operators of the

sites that disturb more than one acre or more total area will um have a discharge of storm water to surface water or storm sewer must apply for coverage under the Department of Ecologies construction storm water general permit. If soil or groundwater contamination is known at the site, additional information will be required. Application should be made at least 60 days prior to commencement of construction activities. The Washington State of Ecologies Water Resources Program mentions under RCW 90.484.100 that groundwater permit exemption does not apply if the project meets certain statutory definition tied to municipal water supply. Um it goes on to uh further explain what the municipal water supply purposes are. Um and if a water right is used for municipal purposes, it also covers related municipal uses such as commercial industrial uses, irrigation of parks, open space, institutional landscaping, fireflow, and system maintenance or repair. South Colombia irrigation district commented on November 26, 2025. Um there currently exist multiple exposed manholes for the bur buried drain systems across the project sites. These manholes must be protected from impact by equipment or livestock and also need to be protected from the potential intrusion of waste materials from the dairy operation. These bird buried drain lines are not for waste disposal intentional or unintentional and must be protected. Um they mentioned uh on the SEIPA document they're requesting that the Skibbid um lateral be included in the SEIPA document. Um given the size of the waste ponds and the compost pile and their proximity to the WB10A lateral, Skiid is

very concerned about potential release of effluent and blowing of the composted materials which which could enter the canal. Mitigation measures must be taken to prevent any effluent or solid waste from entering that lateral. Skip needs to understand how the site will be graded and what the plan for potential over topping event of the waste pond is. Um, one action that would reduce our concerns would be for the applicant to pipe the WB10 lateral near the pond and compost pile location to provide mitigation of such concerns. Skibid also mentioned um just wanted to update the SEIPA um section 3 A 3A1 about the WB5W1. Um Skiibid believes that if industry standards and typical mitigating measures are employed in relation to this expansion, the risk of impact should be minimal. There is a however a real risk of detrimental impact to adjust adjacent parcels and the environment if those measures fail and effluent or solid waste is released impacting buried drains or the canal system in the area. The public works department commented on November 20, 2025, January 27, and 2026. And they um submitted a revised comment today um which we um indicated in this uh PowerPoint. Public works has concluded the proposed use will increase the impact on the county road system. Public works has the following general comments. Uh headcount increase will require a traffic impact analysis which we required prior to um putting in the conditions for the conditional use permit. Approach permit are required for all access to Franklin County roads per the county road

approach policy. Um, for the section of North Walluke Road categorized as rural minor collector, the developer has the following options unless another row is proposed for truck traffic. Up up upgrade approximately 3.1 mile section of the north road from Filbert Road to Sage Hill Road to an all-weather standard. Upon completion, this would allow the continued movement during any road restrictions that would be in place for nonall-Weather roads. Abide by all road restrictions in place during freeze thaw conditions on county roads not meeting an all- weather standard and pay a one-time mitigation fee equal to 50% of an engineer's estimate to upgrade an all- weather standard due to due within 5 years of the cup being issued in lie of actually completing all improvements. The developer may provide the county with a bond, cash, or irrevocable line of credit in an amount equal to 125% of an engineer's estimate due within 3 years of the cup being issued. Um, I don't think it was mentioned here, but public works estimates that it's um the cost is $1 million per one mile of road. Um Franken County Public Works Department commented that public works can apply for grant funding for roads categorized as rural minor collector that are on the six-year transportation improvement program. Public works can request that the board of county commissioners add North Wuke Road from Filbert Road to Sage Hill Road to the TIP. Once added, public works can begin seeking funding for that section categorized as a minor rural m minor

collector. We received public comments regarding the cup and sea. Um these comments were uh from Jeffrey and Angie Hawkins on November 28, 2025. Um the full comments can be found in the um packet. Uh we did our best to um summarize the comments. Um Mr. and Mrs. Hawkins mentioned that they operate a sweet cherry orchard and concerned that the dairy expansion will increase bird pressure. Um starings and robins, worsening existing crop losses and potentially causing severe economic harm. Dairies can act as a year-round attractant for birds, which con conflicts with the Washington Department of Fish and Wildlife guidance to reduce food sources to manage manage bird damage. They're also concerned about increased flies and other insects that can be a nuisance and may harm fruit production. Odors and air emissions, including hydrogen sulfide and ammonia, may stress uh the trees and inhibit healthy orchard growth if level in levels increase. For nearby residents, increased odors could reduce the ability to enjoy outdoor spaces and may enter homes depending on wind direction. While we anticipated occasional odors from the existing dairy, we did not anticipate an expansion of this magnitude and proximity which is approximately6 miles. Uh they are concerned about potential 247 noise from animals, machinery and equipment as well as well as increased light pollution associated with a much larger larger operation. A significant increase in herd size and manure handling could worsen fly impacts and create additional concerns about manure tracked onto public roads and into homes or garages. Um, Mr. and Mrs. Hawkins

request that the Franken County and the applicant ensure enforcable mitigation measures are implemented to address these impacts. If impacts cannot be mitigated to maintain current conditions, the expansion should be located elsewhere. Mr. and Mrs. Roberto and Hilda Garcilazo commented on November 28, 2025. We also received an email um yesterday, January uh sorry, February 2nd, 2026, reiterating their comments. Um they have serious concerns that this particular proposals will have a major impact on our existing property and our quality of life, not only for us, but for residents around the area as well. They listed um which they went into more detail in the packet. They listed a list uh number of um concerns that they have regarding this. Um, number one would be air quality impacts involving odors, ammonia emissions, particulate matter or dust, water contamination risks, groundwater pollution, surface water runoff, nutrient loading, soil degragation involving manure overload and chemical runoff. Increased pest attraction of flies and rodents. Noise pollution due to heavy machinery, truck traffic. Light pollution due to the bright facility lights. Increased traffic and road impacts involving semis, tractors and farm equipment, dust from traffic, public health concerns involving bioerosols and um pathogen transmission, visual impacts due to unsightly views and property value decline due to perceived risk and reduced desiraability. Um, Miss April Alexander commented on November 28, 2025 and January 26, 2026.

Um, have um with questions um have the required studies been completed for traffic impacts including construction traffic, cattle movement, employee commuting, and round theclock milk and feed truck trips. Has a hydrogeeologic review been done on groundwater quantity and quality including risk to neighboring wells um nitrates or pathogens, long-term water availability and commulative um commulative draw down from multiple dairy wells? Have drainage and flooding impacts been evaluated given local soil conditions and past flooding sump pump issues, including how storm water and how processed water will be managed on and off site. While assessments address 247 operational impacts such as noise, animals heavy equipment, vehicle movement, light pollution, night lighting, flight control effectiveness, and overall air quality impacts on residents, livestocks, and pollinators, including honeybees. What is the labor and housing tra and housing or traffic plan for an operation of this scale often requiring a large workforce? And how will compliance and site cleanliness be maintained if staffing levels fluctuate? What measures are proposed to prevent off-site impacts such as litter trash leaving the facility? And what enforcable remedies or compensation process exist for neighbors who incur cleanup costs? How will the project affect nearby property values and residential livability? And has any mitigation or buffering plan been analyzed? Where exactly will new facilities be cited near the road versus deeper in the field? And what setbacks, buffers, and circulation routes are proposed?

Uh Mr. Tyler Hawkins commented on November 28, 2025 and January 26, 2026, mentioning that he believes that a dairy of this size or scope is akin to a massive industrial complex, and he'd prefer to not live next to such a massive industrial complex with a 24-hour a day semi-truck traffic, noise from pumps, heavy equipment, and 9,500 cows. Um he assumes that the dairy will also have massive amount of lighting for operations during night and he prefers the quiet living where he lives um with it getting dark at night. A dairy of this size will bring with it an increased amount of unpleasant smell and increased pests like flies, starling birds, and other rodents. This property borders an orchard and I'm sure sure this I'm sure we'll see negative effects of being next to a dairy. There are several other orchards in the neighborhood that could also be negatively affected. Uh Mr. Hawkins mentioned uh concerns about potential for contamination of groundwater and the domestic wells that are currently in the surrounding area. Al also the potential for some of these wells to become depleted when large wells are drilled for this dairy. Has that been taken into consideration? He also asked how the m the manure will be managed. Um he has observed how a dairy manages the manure produced can u make a difference in smell and how much of it ends up on North Walluke Road and Filbert Road. Mr. and Mrs. Um Alan and Cherylyn Hawkins commented on November 28 um 2025, "On a personal basis, my concerns are the smell, house flies, noise, and light at night. Um I don't mind smelling a dairy on an occasion. I have come to

expect it, but uh they mentioned that um I can only assume that with 13 times the cow, there will be 13 times more uh p uh pollution. um and want to know about what steps are taken to manage flies and the smell. Currently, there is already noise from the dairies where I live live next to. I do not find it overly obnoxious. I am concerned with this larger operation that the noise level would be much greater and noticeable. Um for my livelihood, I own and operate a fruit farm. um some or all of the drain of the field drains that run into one of my irrigation sponds begin at the location of this proposed dairy and they are concerned about the water quality. Um another major concern for the business is increased increase of bird pests. Um they already sustain a an abundant amount of damage due to birds. They are concerned that a larger amount of feed uh will inc will worsen the bird population and could affect their current fruit business uh fruit farm. Mr. Brian Hawkins commented on November 28, 2025 um expressing concerns in increased population of birds, flies, and other pests. Um these species cause harm and bring disease to orchards. This will negatively affect the quality and quantity of fruit produced and therefore impact the sales and livelihood of only uh of their family's business. Groundwater contamination um since their farm irrigated irrigates from a field drain that begins at the same location of the proposed expansion. This puts our water source at risk of contamination. They're also concerned about increase in lights, smells, and noise and also the

increase in truck traffic. Mr. Landon R uh Rally um commented on December 2nd, 2025, the irrigation that runs through the parcel come from into our uh come to into our lot. The drain water availability has already been restricted by our neighbors. With this additional expansion that usage may reduce may be reduced again making it harder to water our own orchards. There is a lot of waste from a project like this since it is 13.5 times more. Where is the waste going to go? He is concerned that it would contaminate the water source and what would they uh what and is concerned about what they would do with all the manure and or dead carcasses. Um, there are some current orchards neighboring other dairies and due to the smell, increased pests and flies directly next to the dairy, they've struggled to produce stronger, healthier trees. A larger dairy concerns me that those effects might become more widespread and harder to control. They're also concerned about birds. Um, dairies and feed lots are notorious for having tons of starlings, blackbirds, and other birds. With a larger dairy next to us, these pressures will only increase, making it more difficult to keep the birds out of our orchards and away from cherries, apples, and peaches. Um, Mr. Rowley also mentioned labor. There is fairly evenly balanced labor force in the area. A large dairy will monopolize that force potentially pulling them away from the current businesses. Um, Miss Erica Ramjouer, sorry if I mentioned that wrong, said that wrong. Um, commented on December 5th, 2025 about water availability uses. U Basin City and surrounding areas already faced limited water resources. Um, a large care largecale dairy would require significant water for livestock

cleaning and waste management potentially straining existing supplies. Overuse of groundwater can impact local residents, farms, and long-term sustainability. Their concerns about um odor and air quality, dairy operations produce strong odors from manure storage and h handling. Prevailing winds could carry these smells into neighbor uh nearby neighborhoods, reducing residents quality of life. Airborne emissions, including ammonium and methane, may also contribute to the environmental and health concern. waste management environmental impacts. Large dairies generate substantial manure and waste water. Improper handling could lead to runoff into canals, rivers, or groundwaters, contaminating drinking water and harming ecosystems. U the risk of spills or leaks from lagoons poses a long-term hazard to soil and water quality. Traffic and infrastructure, increased truck traffic for feed deliveries, milk transport, and waste hauling could strain local roads. Noise, dust, and safety concerns for residents and school children should be carefully considered. Community livability. The combination of odor, water strain, and traffic may reduce property values and discourage future growth in basin city. Residents deserve assurance that their health, safety, and environment will not be compromised. These are the recommended findings of fact. The proposal is in accordance with the goals, policies, objectives, maps, and or narrative text of the comprehensive plan. The Franklin County comprehensive land use designation is agricultural. The zoning is AP20 agricultural production 20 acres. Pursuant to FCC 17.10.020 020 B5. The approval of conditional use permit is required for large-scale confined animal feeding operations. The

code further sets out a dairy separation standard stating that no more than two operations that are greater in size um than 1,300 milking cow head count shall be located within an operation's two-mile buffer. The public area shall be a two-mile radius from each operation center or primary animal confinement as defined by the Franken Conservation District. The project complies with this standard. Um, a dairy operation greater in size than 500 headcount requires an approval of a conditional use permit. A feed lot operation greater in size than 1,000 requires the approval of a conditional use permit. The comprehensive plan says that the county will encourage agricultural industries in agricultural areas. It's um in the comprehensive plan pages 94 to 98. The proposal will not adversely affect public infrastructure if mitigated. Access to the proposed site will be from North Wuk Road. There is mitigation required um in order to comply with this finding. Um, the Franklin County Public Works Department has determined that the proposed use will have a significant impact and shall be required to abide by all road restrictions in place during freeze thaw conditions on county roads not meeting on all weather standards. All truck traffic shall be restricted to on all weather road to all weather roads for the conditional use permit. Further conditions are being imposed based on the traffic impact analysis to upgrade roads surrounding the project site into all weather standards. The proposal will be constructed maintained and operated to be in harmony with the existing intended character of the general vicinity. The site location of the animal operation expansion is in

an area zoned AP20. The general area consists of farms and animal operations. The animal operation expansion is in harmony and is compatible with surrounding lands including the existing intended character of the agricultural area. The animal operation and expansion at this site is compatible use under the Franken County comprehensive plan because the land is classified as agricultural with the AP20 zoning district and the surrounding areas. The farm site is not located near a rural sediment area or a designated urban growth boundary, which the Franklin County comprehensive plan indicates that it needs to be a certain distance from rural settlement settlement areas or designated urban growth boundaries. Um, active farms are located near the proposed dairy expansion site. The location and height of the proposed structures and site design will not discourage the development of permitted uses on the property in the general vicinity or impair the value thereof if mitigated. The dairy site is located in an agricultural area that is not densely populated and the dairy site is not located near a rural settlement area or a designated urban growth boundary. Agricultural industry and animal operations are consistent with the uses allowed in the agricultural areas. The area is zoned AP20. The height and of future proposed structures and site design as submitted is in compliance with AP20 development standards. The dairy will not discourage the development of permitted uses in the area. Um part of the mitigation required the implementation of a dairy nutrient management plan will help address potential for buildup of nitrates and nutrients in the soil. 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 oper than would be the operation of any permitted use within this district. If mitigated, the area is zoned AP20, which allows a wide range of agricultural activities and animal agricultural operations to occur. The dairy expansion is in harmony with and is compatible with surrounding lands, including the existing and intended character of the agricultural area. Um, another mitigation required is to further ensure its compatibility with the surrounding agricultural area and reduce potential impacts to neighbors. The dairy operation can implement mitigation measures and comply with the state of Washington dairy nutrient management plan as enforced by the state of Washington. A state of Washington CAFO permit um is required and they are required to comply with an odorfly control plan, develop a manure prevention plan and they are required to shield all lights on the property. The proposal will not endanger the public health or safety if located and developed where proposed in any way and or in any way will become a nuisance to uses permitted in the district if mitigated. Uh mitigation is required um to protect water quality and health related issues. The applicant is required to comply with the dairy nutrient management plan. Um the dairy nutrient management plan from the Washington state of uh department of agriculture has the following water quality quality objectives. Preventing discharge of contaminated waste water to streams, drainage ditches or other surface waters from the facility. Preventing migration of contaminants from facility to underlying aquifers.

using facility nutrients to crop nutrient needs at rates and times tailored to reach realistic yield goals meeting the requirements of the dairy nutrient management plan of 1998 the clean water act. Another mitigation is required um to to um be able to meet this finding completion of an odor and fly control plan for operation. This plan will discuss numerous items including potential sources of odors and flies on the farm, including methods to control and reduce odors and flies at the dairy site. A manure prevention uh manure pollution prevention plan MPPP shall be developed for the dairy operations. Toxic or hazardous chemicals shall be managed, handled, used, and stored in accordance with the federal and state laws. A chemical hazard communication plan shall be developed. A CAFO general permit must be submitted to the Washington Department of Ecology. A spill prevention control and countermeasure plan shall be developed for the dairy operations. An inadvertent discovery plan shall be prepared and implemented to for the project through all phases. Franken County's right to farm ordinance states that an agricultural activity, if consistent with good agricultural practices, is presumed to be reasonable and shall not be found to constitute a nuisance. This proposed operation is being conditioned to develop and comply with multiple plans, permits, and standards consistent with these types of large-scale operations for per federal, state, and local laws and ordinances. These are the recommended conditions based on the SEPA, ODNS, Noah M and ODNSM conditions. Um, best management practices uh are required to minimize dust during construction. The applicant

shall meet and comply with all necessary air and water quality standards required by the Department of Ecology. A storm water pollution prevention plan shall be developed in accordance with the Department of Ecologies storm water management guidelines. Um, a chemical hazard communication plan shall be developed and submitted to the Franklin County Planning Department. A headcount increase will require a traffic impact analysis uh to be completed together with upgrades and or mitigation fees for the county road system. The TIL shall include county roads impacted by the increase. Any infrastructure that will cross buried drains uh those buried drain rightways such as piping, electrical wiring, etc. must be permitted by Skiibbid prior to construction. All application must be approved by the skiid board of directors prior to that work taking place. Skiibbid will not require a permit for grading purposes or other operations over bare drains, but will need to be included in the planning to ensure that they maintain cover over our drains. There are exposed manholes and buried drain systems. These manholes need to be protected from impact by equipment and livestock and also need to be protected from potential intrusion of waste materials from dairy operations. These berry drains are not for waste disposal disposal intentional or unintentional and must be protected. Efforts must be taken to ensure that the waste from the dairy doesn't impact the drain system. The applicant shall work with Skibbid to determine measures to prevent any effluent or solid waste from entering the WB10A lateral. Skibbid recommends piping the lateral near the affluent pond and compost pile locations to address potential impacts. The applicant is required to comply with the state of Washington's requirements for

the nutrient uh management plan. A copy of the approved plan must be submitted to Franklin County Planning Department. A CAFO general permit must be submitted to the Department of Ecology and a copy must be submitted to the planning department. A manure pollution prevention plan shall be developed and submitted to the Franken County Planning Department. A spill prevention control and counter measure plan shall be developed and submitted to the Franken County Planning Department. The applicant shall submit an odor and fly control plan consistent with the Franken County resolution 2001238 to be approved by the Franken Conservation District and submitted to the Franken County Planning Department. An inadvertent discovery plan shall be prepared and implemented for the project through all phases. A Franken County grading permit must be submitted before any grading, filling, or movement of earth greater than 15 cubic yards is done. These are the conditions for the conditional use permit. Number 16, comply with the requirements of the Washington Department of Ecology. Depending on the potential emissions and diesel uh fuel storage tanks and composting operations, a notice of construction application may be may need to be submitted. The applicant is encouraged to salvage, reuse, and recycle as much waste as possible. Operations for the construction sh that disturb more than one acre um will require uh construction storm water general permit. Application should be made at least 60 days prior to commencement of construction activities. They must comply with requirements of Skiibbid um with the manholes and they must uh coordinate with skiibbid on um making sure that exposed manholes does not uh that the project does not affect any of the exposed manholes. Uh Skibbid needs to understand how the site will be

graded. Um and they mentioned uh the action would be to pipe the WB10 lateral near the pond and compost pile locations to provide mitigation of such concerns. Comply with the requirements of Franklin County Public Works Department. An approach permit is required to access Franklin County roads. Any utility in extension crossing Franklin County roads will be addressed at the time of application. The developer is required to upgrade approximately 6 milesi of the north woo road adjacent to the facility that is categorized as rural local access road and not constructed to an all-weather standard unless another route is proposed. For a general estimation, the app the approximate cost is $1 million per mile for that section of North Waloop Road categorized as rural minor collector. The developer has the following options unless another route is proposed. Upgrade approximately 3.1 miles section of the North Waloop Road from Filbert Road to Sage Hill Road to an all- weather standards or abide by all road restrictions in place during freeze thaw conditions on county roads not meeting all weather road standards and pay a one-time mitigation fee equal to 50% of an engineer's estimate to upgrade an all- weather standard due within 5 years of the CUP being issued in lie of actually completing all improvements. ments. The developer may provide the county with a bond, cash, or irrevocable line of credit in an amount to equal to 125% of an engineer's estimate due within 3 years of the CUP being issued. Comply with the requirements of the Franklin County Planning and Economic Development Parcels number 121, 060 012 and 121 060 013 must be consolidated

into a single parcel prior to building permit submissions to avoid construction of any structure on property lines. Outdoor lighting at the facility shall be shielded down. This will assist in ensuring neighbor uh outdoor lighting will not become a nuisance to neighboring properties and will limit light pollution in the rural area. Before construction of any structures, a Franken County building permit shall be submitted to the Franken County Planning and Economic Development. Per Franken County ordinance number 5207 as amended um it prohibits the accumulation of irrigation water on county roads in the Franken County. Compliance with this ordinance is required for this op operation if applicable. All structures shall comply with standards of the currently adopted building codes and state building codes. Any deviations from submitted plans shall be submitted to the Franken County Planning and Economic Development. Any discontinuence of abandonment of the approved use in a period of one year shall make the CUP approval null and void. Any use proposed development for uses other than approved shall deem the CUP null and void. The site shall be maintained at all times to not become a fire hazard or accumulate debris and weeds. They shall comply with Franken County Fire Code. They shall comply with the right to farm ordinance of Franklin County. Um should there be any archaeological materials or human remains, they are required to stop um project activities in the immediate vicinity and contact DAP. Future expansions and improvements shall comply with submitted approved plans. Any minor changes can be approved administratively by the planning director. Any major changes shall be reviewed under the current code and will require a new cup prior to that change occurring. Nothing in the cup shall excuse it from complying with federal, state, or local

statutes, ordinances, or regulations applicable to this project. Under the co um county zoning code, the board of county commissioners after a public hearing may revoke the cup if um conditions are not met. This permit applies to lands described and shall be the abovementioned individual and or his hers um heirs and or assigns by accepting the issuance of this permit. The permit holder agrees to accept full responsibility for any and all operations and negligence conducted on the location and surrounding properties caused by the operation. The recommended motion is I move to forward CUP 202510 CPA 202518 to the board of county commissioners with a positive recommendation based on the six adjusted findings of fact and 30 conditions of approval.

Thank you. Does any commissioner have questions of staff?

Got a question and maybe you can't answer this. Have we had this county road uh improvement condition on any other of these type of projects that we've done? So the last time we had a berry uh an expansion of a dairy like this, we did ask for a transportation improvement analysis to be done and it was done and uh they didn't condition it ahead of time. They did it after the fact, which is kind of not the sequence that should have happened. Um but yes, they they were to meet they're to meet the same standards of updating the road. So um this is to protect your taxpayers uh that are are not benefiting from this project. So the mitigation measures as they're discussed would be from the additional impacts that would be outside of the normal trafficking trafficking that would would occur uh under normal operations. So question why have we not done that with all the additional housing units that we've done? There's obviously been road impacts and there was small impact fees that were paid but not to this level. So um we we have done that to residences. I mean there is an impact fee that's been uh put. This is not an impact fee. This is a mitigation fee there. I just want to make that distinction and it has to do with the level of service and the category of the road. So I can think of one of the ones you did recently uh that was a large development. They did they did analyze uh the increase in traffic and it did not change the level of service. Um this

however with the heavy traffic and the conditions that needed would uh not change the level of service but the condition of the road needs to be upgraded to be able to handle that without deteriorating. Because currently, let's say you were under a thousand head feed lot. We would give emergency use permits to haul feed and other to those facilities and not part of any condition because they didn't need a permit because we're permitted to do that by zoning. Correct. That would that would be correct. Yes. So

any other questions? I have one question and and staff you can answer this I believe. If not this may be a question for the applicant. Staff spoke a lot about submittals on mitigation. I know that the applicant will be required to submit uh to the Washington State Department of Ecology a manure poll pollution prevention plan. How is that mitigated after it's been submitted and how is it regulated going forward to ensure the uh property management procedures are taken place? Is there continuous uh procedural audits that are done? What what does that look like?

I I can answer that. Um they uh there is monitoring that takes place with those plans. Uh particularly on dairies uh manure management, you know, they come out, they do look at the the levels of your legumes. They make sure you're applying it in agronomic rates to to fields. You're required to do soil testing on a regular basis and have those reports available at these inspections. And these inspections can be done depending on your operation. Um, I mean, if you run a really good operation, they might only be once or twice a year. Uh, if you're running an operation that is marginal or they find some errors on there, they can up that inspection rate um to anytime they want to come on your property, you know, with notice. So, there's a great deal of oversight by the by the state agencies on these. And if they fail that, can the county eventually pull this?

So if they if they lose their their permitting from the state, um it it would be a domino effect. They've got some time to make some certain corrections. You know, um if there's an accident that happens on the farm where, you know, they're spreading manure and say a hose blows, uh they're supposed to report that right away. They have to take correction measures. They have to mitigate for it. uh all those are protections are in place and if they're in repeat violation and they lose their permits they'll notify us the state agencies notify us in which case we can move forward to uh remove their conditional use permit

thank you anything else seeing none Uh, does the applicant or applicants representative wish to speak or give a presentation?

Good evening, commissioners. Uh, Director McCart, my name is Kevin Freeman. I am with Inland Earth Sciences and I am the uh, applicant's uh, representative this evening. I've been asked to uh, extend apologies on behalf of uh, Miss Vandermillan, but she had a personal conflict this evening that was unavoidable and could not attend. Um I have been asked to say that uh currently the applicant um or not currently the applicant has takes no issue um and does not disagree with uh the uh presented findings of fact and um accepts and uh agrees with the uh mitigation measures and conclusions as presented this evening. Um at this time I'd be happy to answer any questions that I possibly can answer on this if you have anything. Um, stand ready.

No, I guess that's it. Well, thank you very much and appreciate your time. Thank you. Is there any in-person public testimony? Is that four or against? You have the signin sheet, Mr. Chairman, next to you. Okay. You can either read names or you can just ask them to come up one at a time. Your choice, sir.

Okay. Um, so Mike Hokinson, Jenny Hokinson, Tanner Freeman, Hilda, uh, Garcelazo. On the right, they say whether or not they

Oh, I got you. Okay. Sorry. So, we got Roberto Garcelazo. Okay. Good evening, commissioners. Um, Roberto Garcazo. I purchased the property um that's um on 5841 North Wall Luke. It's the property uh that would be almost surrounded by the proposed area. If we could get that map shown on the Can can you speak into the mic, please, sir?

Yeah, if we could get the map shown on the screen, I'd like to show you uh where my house is. Um during the presentation, I I heard the comment that there wasn't a dairy within two two miles of each other, and I would like the committee to review that assessment. I believe there's a dairy just south of Walluke that from the property line to property line is within two miles of the proposed modifications to the to the dairy. So property line property line from here to the next dairy I believe is less I believe is less than two miles. So I would request that that be revised. Um the the other thing I wanted to bring up is that uh we we purchased the home uh a few years ago 2019 when we purchased the home it was surrounded on one side by an orchard cherry trees. At that time we had no idea that the you know that the there would be a proposed increase in the the animal pens. Um it was it was uh it was questioned whether there would be a an expansion to the current animal pens and there was no there was no um plans to expand those animal pens. And so what I would like to say is is um I would hate to open my back door and the current orchard the of cherry trees is changed from cherry trees or whatever whatever orchard is is in there to animal pens or commodities or a pile of manure or sewage. Uh I think that greatly impacts my family's

uh right to peaceful enjoyment of the the property as we purchased it and also would hurt our ability to resell it if we feel that we cannot continue to live there. I would also ask that you if you guys have not visited the current dairy to visit the current dairy and their current practices. Um you'll you'll you'll see you'll you'll travel by three different dairies and if you if you pass by when you get to the last one, excuse me, if you can acknowledge the current management that that dairy has as far as manure runoff shielding from the current residents that are that are there if there is any. And if if you would want that current management practice to to exist next to your home, um I think it uh is a big impact and would greatly diminish our our quality of life there. And um I am I'm willing to take any questions if you guys have any of me. Can you generalize and maybe elaborate a little bit on what you're specifying as far as management practices

just so I can understand further?

So there's there's a wood picket fence that's in great need of repair. Animals often es escape the manure that's le leeching out onto the driveway onto the road. Uh runoff water. Um it it looks to be filled with mana. I never got off to see if it's alley, but it's green. It looks like it has manure on it. Um, the lack of protection or uh diversion of of the of the smell for the current houses there. There's two residents, I believe, the manager and then there's a rented home on the corner of that. There's maybe some hay bells that prevent, you know, off smells from getting to that. and I I purchased the home and those were already there. But I I would say that this size dairy in uh expansion would would impact and I would hate for it to impact me directly right next to my backyard.

Got it. Thank you. Appreciate it.

Any other questions? Questions? I think that's it. Thank you. Thank you,

Mr. Chair. Um I would like to interject um regarding the discussion u the question earlier. Um it was mentioned by the the comment uh the citizen that um there is a dairy close by to this operation. Um we did a a check and the development regulation is 1300 cowhead on the 2-m buffer. So anything under that is allowed under the code. So if it's it's a dairy of multiple that are close by within the two-m radius as long as it's not over the 1300 cow head count it is not a requirement of the it's not required to have a cup and there is only one dairy that is within the two-mile buffer that is the 1300 cow head and this would be the other one that's over 1300. Thank you.

Thank you. Can I ask a question on that? Are you saying that the other deer in Wall Road is above 1300 cows? Uh, not the one above Woo Road. Um, I believe it was um the one that's a mile away. How many cows is that Dary? That is under um we don't have a current count, but we don't have an active cup for that one that's under Wuk Road. Um I believe you're pertaining to Davidson's and um that one doesn't have uh it's it's under 1300 cowhead.

All righty. Uh so inerson testimony Tyler Hawkins. Good evening. As you know I'm Tyler Hawkins. I live at 5081 North Welluke Road, which is approximately a mile south of this um proposal. So, I'm I guess I'm curious from what you as commissioners have seen, like how do you feel like all the concerns of the residents have been addressed? Do you feel like they've been all addressed?

Well, I think we're getting there. So, Mr. Chairman, public comment is meant to take the comment, not answer questions. Sorry. I just want to make sure you're conducting the hearing appropriately. Okay.

Can I can I answer that in a different way as well? Thank you for that, staff. I appreciate that. And ju for the public just know that we as the the body of the commission um appointed and able to be volunteers up here. We don't have the last approval on this. We make the proper recommendation whether it's submitted or not. There's still they still have to go through tons and tons of loops to be able to make this happen. So we have the right to hear the public and make our own determinations but we also have to follow the comprehensive plan for development and land use and also listen to the citizens. So I appreciate that.

Gotcha. Thank you. Um so just I guess a I guess I wanted to ask a clarifying question maybe to to the developers. So it talked about a you know things they would mitigate or they would have to do to upgrade the road and there was a a image shown in the that the they would go from North Walluke from Sageill Road up north Walluke Road to Filbert Road. That was the approved path. That's why they would have to upgrade that 3.1 uh mile section of road. Um or they could pay I think a fee or they could provide a bond. Um, and I know I guess this isn't a question answer, but my question is if they choose not to update the road and they pay the fee, what happens to that money? Where does it go? And how do we ensure that that's used to then fix that road as as it gets damaged? I know this isn't a question answer, but I guess that's a concern I have of how do the citizens know that if the developer chooses to not upgrade the road and they pay the fee or have the bond or a line of credit, where does that go and how do we know that it's used to maintain that road? So, that's a concern I have. Um, another concern I have is so if they do decide to upgrade the road on that specific path from Sage Hill Road to North Walluke Road and as a resident I begin to see that they're not using that path because I don't think they will. I know truck drivers, they're always going to take the path, the shortest path. They're going to turn on Hollingsworth. They're going to come from the south, turn on Hollingsworth, go up northwick road that didn't get upgraded. what options do I have as a citizen to say, "Hey, you know, you're not following the the prescribed path. You didn't upgrade this section of the road. You know, what what do I do in that case as a citizen?" That's another concern that I have. Um, and then I guess the last concern is just, you know, how is the water quality protected? guess there's the answer is

that they have to follow these mitigation measures, but I'm not sure that I have confidence that that's going to preserve the quality of the of the water. So, those are my my concerns. Thank you. Thank you. Uh, next we have Peter Harbster commented on the previous items. He's not He's gone. He commented on the Okay, gotcha. Uh, all right. That's it. Dennis Hayden page. I was on there. There's a second page. Oh, yeah. Okay.

Uh, I uh Well, let me get to the mic. I've been approached by uh Mr. Robert here. My name is Mario Martinez and I farmed the orchard south of the uh proposed uh development. Um, I affirmed this cherry orchard that Robert was uh mentioning. We have concerns with Make sure you speak into the mic so that people can hear you.

Flies uh on the fruit. That will be a health concern for the fruit being sold and uh when it gets to the packing line, we usually get uh uh things that get sent back and uh with all the slice flying around, we'll I'm sure we'll have issues. Another thing that we they spoke about is drains that run through the orchard and uh nitrates will get into the soil and into those drains and we're going to see the uh health of the trees kind of change a lot. Usually the nitrates get into the trees. The health of the trees just goes downhill. the uh uh fruit quality also changes usually for the worst too many nitrates in the fruit and the quality just goes bad. Uh dust is another issue with pest uh usually our bill goes up from spraying too much controlling the mites on the roads on the trees uh birds pecking the fruit I mean feasting on the fruit. So, uh, the concern these people has are real. The nitrous in the water. Uh, we have a H2A camp in on site of that orchard is 335 acres and, uh, we got to keep this water quality for the H2A workers to be a safe levels and I'm sure the levels will go up. So there's a lot of cost that will be increased uh running this orchard and uh I'm sure that um no one is going to be available to uh help us mitigate this cost and uh uh like I feel for about for these guys that live near the uh farms uh because we have a home of the farm and the uh

farm manager will be suffering with these conditions that will be bad for everybody, especially the workers that usually they're uh working at night around the uh u dairy. They have a feed lot. There'll be dust and all kinds of things. Our spraying crew also will have issues with the u uh spraying conditions trying to stay away from their crews and their cattle. So these are things that probably these people don't consider when they uh spending that big of a operation and uh uh I think uh you people should probably consider us a little bit better before issuing this kind of permits on especially when they're encroaching into uh a farm that are existing and running. Uh Robert, he's right. He's got a beautiful cherry orchard that I farm and now he's going to be gone and he's going to be looking like he said maybe some raw manure or at least big pile of uh dry uh manure. So something to consider. Thank you.

Thank you. My guy was listed on there is wanting to comment. I think you might um I've got a couple names here. What was your name? Jeff Hawkins. Okay, Jeff, come on up. Turn. I just want to make sure I have the opportunity. So, I don't need to go in any order. I just want to make sure I didn't get missed. Well, I got uh Jerome Davidson.

You're next. Hey, I'm I'm Jeremson. Um I uh I am part of that uh dairy farm that's a mile down the road. Uh so I'm the second generation second generation there. And when I heard this uh dairy was going in, my my concern was kind of for the future for us. Uh it's kind of the sad fact of dairies in Washington that you've got to get bigger to survive. Um and uh so having a big dairy go in a mile down the road uh concerned me because I if we can't get bigger to have economy of skies then we won't last very long. Um when I went into the county to check uh I wanted to have a meeting and maybe see if we had to get our own cup to to lock in some growth potential. Um, and what they said was that there were going to be some changes and that there were currently the current standard was uh 1,600 cows within a mile of each other, but that that was going to get revised. And I guess it got revised from what I understand to 1300 cows within two miles of each other. And so when when this big dairy goes in, uh, we're locked at 1300 cows and won't be able to keep growing if we need to. Um our nutrient management plan is set for 1350 cows is what we have with the Washington state um that we can uh for nutrient management wise we can grow to without having to get a new nutrient management plan. Um so that would be my concern is if this dairy goes in we're kind of it's almost like the beginning of the end for our family dairy farm. um with uh you know with our dairy and the dairy that's currently there that's run by Tanner Freement currently we're the two smallest dairies in the Franklin County um and so this big dairy going in would probably put put us out in in over the years so we wouldn't it would be really

challenging uh to be in that big of a size of a dairy in that shadow um dairies the commodities or the the resources that you have they they need to be close and so if they're not uh it because it costs too much to haul in feed. There's a lot of you bringing in a lot of water. It's wet feed. Um so that the a dairy that size would just out compete you for land and resources. And so being unable to grow to compete with them um would be really really destructive for us and for our family farm. And so uh any that's concerning to me because I was hoping I could keep farming here in Washington and have my kids farm. uh my you know my dad and my uncle owned it and and I was looking forward to continuing that that legacy and so that would make it really challenging and um and concerning for for our future.

I don't know if you have any questions or I don't think so. Thank you. Okay, Jeff Hawkins, sorry for not patiently waiting. No, I'm totally confused up here, but go ahead. First, I want to give a compliment to Jim. That was a very impressive display of stamina reading all of that. And, uh, thank you. This is the first meet I've been to. Um, so thank you. I have a greater understanding of what you do as volunteers. So, um, thank you for that. Um, I guess I have one question. Were there any Maybe this is for you. Were Were there any comments in favor of this? Uh, we did not get any comments in favor.

Okay. I I I understand better, thank you, Manny, what what the process is. And now I understand you're not the final say in this that it goes up, but I guess I would ask that you consider those that have written testimony, those that have come tonight, taking into account all the very valid concerns that have been expressed, and there's been no comments in favor. Um I also do want to say Mike and Erica are dear friends and the greatest neighbors and they have been a blessed in our community. any of this opposition is um I hope you know is is no reflection of you that you know you are the greatest you know blessing and best neighbors that we have and so this is this is strictly you know trying to preserve a status quo and and not a personal attack in any way. Um I guess I have I see from the plans that lots of the concerns will be mitigated by the odor and fly plan or by all these plans. I guess I I do share the same concerns that those will be adequate. And my concern is if they're not adequate, what is what's the resolution with a lot of these concerns? There's no such thing as a whoopsie, like sorry, we let all the birds eat your cherries or all these things like there are no takebacks. And so I'd ask that that be heavily considered. Um, you know, I I guess lots of the things that were discussed, you know, whether it's the odor or the flies or or those things, right? There was plans for those. From everything I've heard, there is no plan for birds. That's the major concern that anybody that has an orchard in the area has has brought up, right? I get I I don't trust necessarily odorfly plans, but but there has been no resolution for birds. Again, Fish and Wildlife says their website directs orchard farmers to reduce food supply. This is exactly the opposite. Um, bringing more birds to the area is akin to introducing wolves for cattle ranchers, right? It's it's not welcome. You can spend thousands of dollars

trying to mitigate it. We I mean, we do lots of things to try and mitigate now, but but keep that in your mind like bringing this many birds is like wolves to cattle or sheep ranchers, it it's not a welcome thing. Um, I do appreciate a lot of the the plans and I I wrote down just a bunch of questions so they're not very organized. One concern that I had is the current pond is um 2 and a half million gallons. The cattle or the the head is increasing by 13 and a half times. The wastewater ponds are only increasing by 12 times. So, it doesn't seem to be keeping. What has been recommended isn't like, you know, it's not great now, right? We we smell the dairy occasionally. I knew that when I bought the house, but the increase in herd size and the increase in manure pond is isn't on par, which was alarming to me. I don't know a lot, but but that was alarming. I think that should be looked into. Um, and they even just the magnitude of this size is is pretty amazing. Like, there are no 9,500 cow dairies anywhere in the city, right? you got I mean there's other big dairies you know that but there case for Andrew on the other side of the highway right I mean it's rural but but there's a lot of people around and this is very unprecedented for for this area um in the 2001 task force the odor recommendation they talk a lot about the best practices lagoons versus ponds I'd be interested in learning a lot more about that um if there is future plans for that Um, I guess I I don't know the reason that uh this dairy is leaving the Yakama Valley. I don't know if it's a true expansion or if it's, you know, they're closing and coming here, but it it is a concern to me that rather the unwanted

effects of a Yakama Valley are then moving to to my backyard. And and lastly, you know, like others have said, I mean, I I hope to live here for forever and I hope my kids, you know, buy my house someday and live there. And a change of this magnitude, it doesn't ever go back, you know, that there's no whoopsies like, oh yeah, it does, you know, damage the water and bring birds and smell that I guess as a citizen, I don't know what recourse there is because there's no whoopsies. We just had them spend millions of dollars and it wasn't what it said. So, I would ask that that all of you take into consideration the feedback from the citizens have come tonight and to not recommend a positive recommendation, but to ask there to be all these things taken into account. I I should say that, you know, I don't have control over what anybody else does with their land. You know, that that's not a right that I have. But I would just ask that if it can't be guaranteed that this current status quo be met, that this not be approved, that that would be detrimental to to all of us that live around there. So that's what I'd say. Any questions for me?

Okay. Any questions? No. Thank you. Thank you.

Uh Landon Rally, like I've been stuck in a corner most of the night. Hard to see the screen. Um but uh thank you for the opportunity to come and and just express uh some of our concerns and um yes so I am my name is Landon Rolley. I'm part of Roland Hawkins Fruit Farms which is located at 5121 North Wuk. So within a mile there from where this location is. We grow lots of fruits. We grow peaches, apples, cherries, lots of other things, raspberries, blackberries and try to do anything you can do fruit. We put we have a finger on it there. We grow uh approximately about 600 acres of orchards within the vicinity there within the the mile to two miles from where that those borders are of this location. Um, as mentioned in my uh testimony earlier on through the email, our uh water source comes, one of the water sources we have comes directly from underneath that field and there are field drains there. But by piping it or at least a section of it from the pond to from one of the field drains to the pond or that section, I don't uh feel like that would be sufficient uh corrective action uh for uh for this scope of this project. Um, if you get any type of colafform, if you get any type of nitrates, you get other any type of heavy metals or other harsh chemicals into that water that you're watering your trees with, that goes directly into our product and then makes it not just where you can't sell some of it or you lose part of your orchard. You lose your whole crop and then that could be extremely devastating to to us and to

our business. um and not just the crop for that year but then you also lose reputation and then customers which affects your years to come. So that would be a concern for us. Um the one of the other concerns that we have um as a a company adjacent to where this dairy would be is there's a delicate balance of labor force and uh workers in the area. And I know from experience in and around the Hispanic community that a lot of guys like the dairy community because it's a stable, consistent job and where they get and they can join in a year round location, but we also have year- round employees that work with us uh all year round. We currently have about 30 employees that stay with us year round and during the summer that increases to 300 to more people that come to help pick and ex work with us. My concern is uh when this dairy comes you're going to have 30 40 50 people working there all all all year all day every day. So what's going to happen to my my guys? Are they gonna move to somewhere else where they can get an extra dollar and now that's going to force us to increase? We have minimum wage increase already. That's going to force us to pay more which then increases our costs for our labor and or maybe we might not have enough guys and we might have to resort to which we have been blessed to not have to do this yet but resort to an H2A program where we import uh guys to come help us because it takes it takes people to run a farm that size. Um so part of my concerns were um more directed towards the water quality and the assurance that um that is going to be protected and and as Jeff

mentioned there is no whatifs or oops because that kills the next guy down the road and we are down the road. Um, it's part of my job for Roland Hawkins Fruit Farms. I'm the food safety manager and I have to deal with that a lot and I know there's a lot that goes into that, but I also know it can be very devastating if something does go through. Um, so I would ask you to consider those things as uh you u ponder about this this project and I'd open it up to you guys if you have any questions for me. I don't think so. Thank you. Thank you.

Appreciate the time. Kevin Freeman. Oh, that was me. Oh, that was you. Gotcha. Anybody else? I think that was all we had on the list here. Okay. Um, is there any e public email public testimony? Let me refresh. Uh, no, Mr. Chairman. There is none. Does staff have any final comments? No final comments.

I will entertain a motion to close the public comment. Move to close public comment. Second. Second. So moved by Commissioner Daru and uh seconded by Commissioner new commissioner Joel Prantle. By Commissioner Prantle. Uh so the public testimony portion of the public hearing for CUP 2025-10/PA 2025-8 is closed.

You need a vote on that. You had a motion in a second. Okay. So I uh a general vote you mean? General vote will work. Yes. Okay. So the vote for the yes eyes. I I opposed same sign. Okay. So,

there are some clarifications that I still need to make and I want to make sure that I fully understand some of this. Is this is this a right time for this? Because our portion is not closed. Correct. No, not yet. That's what we're doing right now. So, that would be correct. Um, Commissioner, your portion isn't closed. You get to deliberate. However, before you close, public testimony would be the appropriate time to ask staff uh the questions because uh technically we can ask clarifying questions after you close it, but it's more appropriate during the public uh form in case something comes up that the public would want to further address.

Okay. Am I still able to ask clarifying questions as soon as we close this? As soon as Okay. Well, technically you could ask the chairman if you could do it before public custom was closed since you hadn't taken the final vote and declared what the outcome was yet. So,

Okay. Okay. Good. There's a couple things that I'm not fully clarifying and fully comprehending on my end. Um the two items. One, I also don't see on here a very specific dialed in um mitigated plan on the birds or any kind of pests coming in. I did see some of it. Um so I want maybe staff can point me to the right direction on that. The other thing that I'm not really clear on is the clarification on the two-m radius within the the both dairies 1300 is it 1300 head or is it 1,600? I'm not really clear on that. So um regarding the mitigation um regarding the issue and concerns about the birds, we did reach out to the department of a but I did not receive any comments or any response from them because we that is one of the things that came up during the um notice of application in which we were trying to determine all the mitigation measures for the final MDNS but we did not receive any comments from them during the comment period. we went out of our way to call them and ask them for clarification on what needs to be done and we still did not receive anything after the comment period. So, um we are at a point where we currently do not know the requirements of how to mitigate that. Um I'm not sure how we could address that, Wes.

So, I was hoping you asked you would do the radius one. um the the birds I I don't have anything in code that would specifically address you know how do we mitigate for bird impacts um and we didn't get any comments so you know it's pretty much I have to follow what the code is right

I don't get to just wield my own personal opinion so um I will say that you know it is appropriate if you find something that you want to have mitigated for to recommend that. Um, however, I'm not sure what that would be when it when it pertains to birds and uh I'm sure fish and wildlife might have a comment if you uh try and mitigate the birds from the other direction.

Okay. Well, I think that's a very important factor in this entire um portion of of the decision making on my end. I mean, I don't know about you commissioners, but um I'm I feel I'm not ready to make a decision on this. There is some clarification that I still need to to be able to fully understand, especially understanding the the bird portion, the pest portion on this because not only is it um going to disrupt the the facility, the new facility, but also its surroundings with a facility this size. And if you're telling me there's nothing in code, so what can we do to ensure that there is something changed on there? Can we reach out to to the Fish and Wildlife? I mean, do you need do I need to do it? Who who would do something like that? Commissioner, I'm not aware of any mitigation measures anywhere in the state uh regarding birds and dairies. Um, so I'm not quite sure how to answer your question. Obviously, it is a concern. I I don't want to minimize that.

Um, but having reached out to Department of Egg, I don't know what further we would we would do. I mean, perhaps the applicant's representative has uh, you know, some input on that. Uh I don't know that he that you know the representative dove but you can definitely ask that of him since public comment is still open. Okay. And then you know perhaps before you do that you get we let Jim answer your second question.

Okay. Um, regarding the second question, I want to clarify um the CUP the development regulations under AP20 for CUP requirements for dairy, it is um,300 cow head within a 2-m radius. Okay. Not 1,600. Not 1,600. Okay.

I guess I'm not sure. I thought we took a vote to close public comment, but well, we kind of reopened it a little bit. It was a couple of votes, but maybe it not. You You took a half a vote, sir. So, um, and chairman didn't close it. So, Okay. So, I'll take a vote to close the public uh testimony then. All in favor? I I I opposed. Same sign. Motion passes. Uh public testimony is closed.

So is there any discussion from the planning commission members?

Do we have to make a decision on this now? Commissioner, your choices are you can uh make a decision on this now. Um you can uh you've closed public comment. You can continue this uh to a future date. Uh that's a choice. And you also have the choice to uh add or delete any suggested mitigation measures or findings of fact. We've presented you with the best report we possibly could, but it's in your purview to uh make any changes that you so desire. Since we have closed public comment on this issue, if we do not vote, do we the next meeting, if we schedule for the next meeting, do we have public comment again?

Uh no, Commissioner, you would not. Once you've closed Kabuk comment, it is it is closed. Um, I'm not aware, but I could check with legal counsel if you could open it again, but you are allowed to continue your deliberations to a future date if if you want to so do so. and and the body could could direct the you know us as staff to try and find an answer on any you know specifics that you have concerns you might have you could you could do that you know I know commissioner with your with your bird question I'm not sure I could come back with an answer on that but um

you know we we kind of did what we could so yeah so from your experience in in the pass or with other um dairies and and maybe um any other dairy farmers in here can answer that. How how is that being mitigated um or um managed when it comes to uh pest as such within the surrounding facilities? So since you've closed public comment, I'll answer that. Um

thank you. Appreciate it. So I I know the flies is the biggest piece. You know there is there is pest pest control. There are other measures that can be taken to reduce the pest. Uh obviously you know dairies are looking to try and reduce the flies themselves because their cows do suffer from the same pests. Not exactly the same insects but a lot of the same pests that bother us bother the cows. Um, you know, there are some different pests that will uh invade orchards uh because they go after the fruit, not the cows. Um, you know, I'm not sure that that's an issue related to the dairy or not. But, uh, and as far back to the birds, I'm again, I'm not aware of any measures in my history. I mean, that doesn't mean they don't exist, but I'm not aware of of any measures I've heard anywhere that would uh outside of orchards that have used cannons and multiple other attempts to try and get rid of the birds uh where there's an actual mitigation measure on on any particular uh operation of any type to reduce the birds.

We don't know of any litigation that has been brought in a situation like this either. Uh, Commissioner, I'm not aware of any, but that I'm not a I'm not your attorney, so I sure not really answering that very well.

So, can we recommend to staff? I mean, what are what are your thoughts on moving forward on this? You can make a recommendation to staff. Yeah, that's what you want to do. It's either that or we make a motion. Either approval or denial. Doesn't sound like if we postpone this, we're going to have any more luck on the bird issue. Um, from your experience of trying, well, um, I'm not sure who at Department of A I would even get a hold of.

Uh, you know, honestly, I know the director. I can call the director, but I'm not sure he's going to be able to point me in the right direction either. though

it is my opinion that we by delaying this we're not going to come up with the answers that we want and we have findings we have mitigation for the things that we know um based on that I'm not sure there's a reason to delay a vote okay so I would entertain a motion. Okay. Entertain a motion.

I move to u forward the cup 2025-10 sea 2025-8 to the board of county commissions with a positive recommendation based on six suggestions findings of fact and 30 conditions of approval. Second. I second it. Okay. So, it's been moved by uh Commissioner Daroo and seconded by Commissioner Grant. Grant Brantle. Frantal. I'll get it. I'll get that right. Thank you. Is there any discussion?

So, can I still ask one question within the discussion? Sure. on a non moving forward vote. What happens next staff? Can they come back and appeal? What's the next step on we have we have quorum now, but if this is not approved and move forward, where does it take them? Do they go into litigation? Do they resubmit? What's Mr. Chair, do you want me to answer that question? Yes, please.

Okay. Um so the options from here um regardless of your outcome of your decision other than postponing it uh but if the motion were to pass positive or to be denied negative uh it would move forward with that recommendation to the board of county commissioners within 14 days of today of the decision being made. Anybody either the applicant and or anybody who's stand has standing in the record. So, anybody who's testified orally or in writing has the opportunity to appeal. There is an application for the appeal and there's a fee for the appeal. Um, if I remember correctly, it's

$150

$150 to appeal. And um they have a right to stand in front of the county commissioners and have their appeal heard. uh they will have to tell us what items they're appealing. Um and again that's that's the appeal process to the county commissioners. From there um if the commissioners make a deci when the commissioners make a decision there there is the chance to take it to a loopa appeal to superior court and then of course any court action can be appealed from there. So there are other remedies uh regardless of the outcome of your decision whether it's positive or negative.

Got it. Procedural if we if this motion the positive motion is a tie and we find oursel with a motion to deny and it's a tie then what happens? your director would go back to legal counsel and find out where we go from here. Thank you, staff. Appreciate it. Okay, so we have a motion. Can we have a roll call vote? Mike Vincent, yes. Remy Daru,

yes. Manny Gutierrez, no. Joel Pantle, yes. Mr. Chairman, the motion is passed.

Okay. Thank you. Uh I think that's it. Uh I will entertain basically the public hearing is closed. Thank you very much. So, Mr. Chairman, your last name. Sorry about that, Mr. Chairman. Mr. T.

So, Mr. Chairman, um, you do have a couple other items here. There is no other business. We do have a small administrative update. Okay. Sorry about that. That's okay. And then you have to vote to close the meeting. Yeah. Yeah. So, um just want to give you It's all right to go ahead with the administrative report. Um all right with you.

So, other business we have none the administrative items staff updates. So, um, just real quick, I think at the last meeting I told you we, uh, we did hire a long range planner. Uh, I needed that position desperately in order to, uh, move forward with the with the update that we're doing, uh, mainly the climate element that we're required to do by law. And, uh, that contains two different elements. One is hazards and the other is uh we have to identify things that will will reduce our carbon footprint here in the county. Trying to make this as least painful as we possibly can. Um I will tell you we've already made good progress in that original intent. We we finished uh the first task within two weeks of having that additional personnel. Uh we're we're now putting together a committee that we're required by law to put together. Uh it ends this week. Uh we haven't had a whole lot of of takers for that that committee from the public. However, I do have somebody from public works. Transportation's a big piece. I have somebody from the conservation district and I have somebody from uh emergency management. uh as well as staff myself and and Alex will be will be taking that also.

So are these staff of the county that are taking or they are it'll be myself and my long range planner that'll be on that committee. But the committee you said conservation district was that a board member or a staff person?

It's oh it's a sorry uh that is a staff member. it's the director or her if she can't make it, it'll be heruh assistant. Um, but I just did want to tell you that we're making we're making progress on that. We're uh you're going to see quite a few changes come forward. Uh, and we'll we'll do a more formal presentation when we're when we're ready, hopefully next month. Um, but we did I do want to make you aware of a few things. uh we have a lot of goals that are numbered in each element and under that we have a slew of policies in the comprehensive plan. As you go through them, one it's very confusing because one goal is numbered and then then you have a multiple policies that are numbered and then to get the new gold and then it's got the same numbering system for policies. So when I have to fill out paperwork for the county commissioners, uh it's very confusing as to okay, which policy and which goal am I actually following, right? Um but there's a lot of redundancy. Uh the utility element is is an example where we, you know, we talk about a goal for electricity that's the same goal as we have for water, that's the same goal that we have for natural gas. And so we're going to be realigning those in in the update to bring to you guys for consideration where we're gonna kind of put all the goals together as bullet points and then get the policies underneath there that are a little bit more broad range to cover both water and electricity. I mean, if it's the same thing, why are we doing it 15 times, right? It just makes it confusing. So, I think you're going to find that you'll like the the condensing we've we've done. Uh we've rearranged a few things.

Uh we've further the natural resource lands, the egg lands of long-term commercial significance didn't really have a good overlay map of that. We have that. We're we're making some changes right now in your code. You don't know if it's AP2020 zoned AP20 is it a natural resource lands or is it a rural lands still aggrav there but some are required by law to protect others have a little less stringent ret uh protections on them. So we're going to be proposing a change in the comprehensive plan map that will make that distinction. And in talking with Department of Commerce on this, uh, it was something that I wanted to see happen and Department of Cong commerce actually suggested that we make that change so we have a a little bit better distinction and it will help our liability in the county from from folks that want to challenge us on are we doing what the growth management act actually requires. So I think that's an important distinction that we're going to bring bringing forward. Um there's uh we're doing analysis right now. Alex is doing a crosswalk of what we have to add to the comprehensive plan to fulfill our climate element. And I I think with a few tweaks we can add language here and there to the policies that we're bringing forward and pretty much address most things. will have a few additional policies to go with that. Uh so again, you're going to see a massive amount of changes. Um I believe our consultant is doing this in track change. However, quite frankly, and it'll be up to you

guys how you want to see it. Probably seeing the cleaner version uh to go over is probably going to be easier for you. I I I'm not trying to eliminate a bunch of stuff to try and hide it or nothing. It's all going to be very visible to the public, right? But h how do we best review that uh with you gentlemen is is something I'm thinking of.

My question is, you know, especially the a resource lands, which we briefly talked about before, is how do we get the public aware that we may change the map? Um, and how do we get them involved in that process? Because that might be a hot button issue that they want to they want to be part of because if we do it even though we've asked for public comment and they don't I mean it could could come back.

We we will we will try and do as much public outreach as we possibly can. Um, you know, I I know that uh from previous discussions I've seen in in other counties, um, you know, there's a lot of people that want to make sure that their egg lands stay in egg lands even if they're not designated as as protected. You've got some people that are protected that just as soon get rid of that. Yeah, that's protection. It's a it's a double-edged sword. Goes both ways. It

it does go both ways. And you know, uh, again, does this is this going to change anything other than the way it looks on the map? You may find that instead of, uh, a what is it now? It's the It's AP20.

AP20. So instead of AP20, you're an AR20. I mean, you're still Agg. You're a rural. And all we're doing is recognizing what you've been for decades. Uh but we're doing that both to make it easier for the public to understand how we're doing projects moving forward because there are a lot of restrictions in that AP20 natural resource designation that are put on us by the state that don't necessarily apply to the other one. Uh but again, I mean, you have a deep-seated uh reason to try and maintain a a a huge viability of a here in the county. I don't want to lose that at all. Um

that information be projected out and shown and demonstrated to the public. So, so as we with these changes, yeah, as we do our public meetings, those will come out. you know, we'll do a presentation here. Obviously, YouTube's a, you know, when all these are recorded. They're a great place. Um, you know, we've reached out even for the climate element, we've reached out to the Farm Bureau and others. And as we get a little further along in the process, uh, I have absolutely no qualms of coming and meeting with any group to explain any aspect we're doing. Uh, that's my job. I'm happy to go out and meet with

with individuals or you know groups to to go over that. So it' be interesting to try to develop a list of those egg organizations, potato growers, wheat growers. We have on and on and on. We have that and we have reached out to them uh just on this climate committee.

We we sent that to everybody. We actually started a department Facebook page and we put a a a diddy out on Facebook to try and attract people to join that committee. Uh so we're we're trying very hard. You know, there's a lot of folks that until there's really meat meat on the bone, they just kind of sit back and wait. Well, it's

and so, you know, we're still in the we're still in the process of trying to pull it all together so that it can be presented. I I would assume at that time we'll probably see more people get involved. And quite frankly, we'll probably have a little bit better comments than we're getting. But even tonight, um, just so that you know, you know, there's a few comments made tonight, uh, that I jot down as I go, we're jotting down as staff anywhere we go or we run against problems as we're trying to do these applications. Um, regardless of which side it is, you know, we're writing that down for us to consider as staff and our consultant. And you know, we'll be bringing those proposals forward to to you and the public. Uh

well, as we get closer,

clearly doesn't like this and they want to see zoning changes. There's a process. This will be part of the process. If they going, okay, we're this area. We don't want to see confinement stock operations in this kind of agriculture. Yes, it is a but how do we define that? Commissioner, you are totally right in in what you just said. Um, we see multiple projects where the public gets frustrated and I've had these discussions from regional planners all over the state. Uh, we talk about it quite a little bit. And, you know, it's a little frustrating to us as staff too. You know, I mean, we're doing what the code directs. I don't get to have an opinion

if this is a good project or a bad project. if it meets the code, that's what staff is presenting to you. And you know, this comprehensive plan update, and development regulation update is where the rubber really meets the road. This is where folks really need to give us their comments. You know, there's a few comments made here tonight. Have you thought about this? Have you thought about that? Have you done this? Well, I'm here to tell you that some of the regulations we have now are overregulating. Other ones are woefully inadequate to address the issue. I don't necessarily want to add more regula regulations. It's just it's not clarified very well. And we struggle with that as staff all the time. So, I'm trying to bring as much clarity in the regulations as we can while reducing those that we can get rid of and the ones that were mandated by the state we're going to do, right? Because we're we're told we have to do it. So, that's that's the direction overall big scheme we're trying to do. But um

so overregulating like you're talking about over not requiring you know permitting for certain things. My take on this this deal tonight uh with the dairy was that that you do not need a cup for a dairy if you're what 1300 cows and within a two mile yeah

radius. Right. So that that's the current code. Um, and I'll give you a perfect example. Um, how how many times have we sat here and talked about, you know, uh, detached dwelling units out in the rural area? I know that shoreline one was a little different, but uh, the reality is detached dwelling units, the law changed here a few years ago, and if you're in the urban growth area, you're allowed to have two, period. and it superseded whatever code we had at the time. And you know, the comm county commissioners get a little frustrated at why isn't that just outright permitted? Well, that will be part of the discussion we'll be bringing forward to you and the you and the public in the future. U but there's also currently a CUP, but there's no administrative conditional use permit. So, some of these things um you know, quite frankly, should we be bringing to a hearing examiner? Again, we've talked about moving to a hearing examiner rather than the planning commission. So, you guys' role is is going to change more into you're giving us input on what the policies and regs should be rather than projects, right? Um, but at the end of the day, how much of this really needs to go all the way up the chain? And how much of it do we normally process similar applications in our office every day? There's still an appeals process to that. There's a checks and balances. You know, nobody's trying to pull the wool over anybody's eyes. Uh but we do we really need to take you know some of the cups we bring in front of you. You know by the time we get the application and we get it scheduled and we get a quorum of here and then I wait for the appeals period and then I publish and then I go in front of the county commissioners and then it's 28 days before they can

actually get done because you have to wait for the loopa appeal to expire. By the time they're done it's something they wanted to do this summer and summer is gone. it, you know, it's six months, you know, and quite frankly, even the detached ADU or an accessory dwelling unit, if you're parents are aged and they need medical attention, should it take you six months to get a permit to put a a a dwelling unit, a small dwelling unit in there so you can take care of your mom and dad? Um, you know, again, it's not my decision, but my proposal is no, we should make that much much quicker. And that's the type of stuff we want to bring forward to you gentlemen.

So, you're saying before it was just two were allowed. Is that what you're saying before? No, that that's a law change in in the urban growth areas. So, you know, pretty much I mean, you can think of it a little bit bigger than the city limits, but we've got a lot of donnut holes here. And theu thing seems to be moving right along. You're saying you'd rather be more seamless without having to go through the process that we're doing now. the the process we're doing now. My my recommendation is that we streamline that uh to be a much simpler, quicker process.

Not much different than if you're building the house of state law rec says we can we pass county.

Yeah. So, and and the administrative stuff is meant to be, you know, if if it's a if it's a very complicated big project that should have a lot of input and a lot of conditions put on there, it should go through the full-blown conditional use permit. I if it's something that we're used to processing every day and there might be the standard conditions of it's a right to farm condition and I mean some of the same ones you see every single time we're here there it's not an unusual one. It's not something above and beyond. I mean this this one you just voted on had a lot of mitigation measures. I I would feel a little uncomfortable as staff to say let's make that administrative and be done right there's there's a lot

thing about this deal tonight but is wrapping your head around the sheer size of this thing

you know I mean I don't even know what that that looks like but I mean you go from 1300 without a without a cup to 9500 and I mean you're trying to get a visual on that and then these people are talking about well you know what about the birds what about the smell I it's just such a huge concept well and it's something that I don't think was ever contemplated in our current regulations and the question is should we contemplate it should we not I one I'm going to answer you I believe it should be brought up and thought about whether or not we find a nexus to regulate or we don't want to regulate you know That's discussion down the line, right? But we need to be considering things. Some of the other things we're considering that you guys have never addressed before other than the one project we had almost a year ago was solar farms. We have solar farms. We have wind farms. We have battery storage. We have data centers. All of these things aren't even closely contemplated in our current regulations. And I'm not saying we need to regulate them. I'm saying we need to at least identify where they go in the regulations, whether they're outright permitted, conditional use permit, uh administrative conditional use permit, outright prohibited. That part is is kind of I don't want to say secondary, but it is secondary to the fact we don't even contemplate it right now. And we need to bring our our code up to up to the century that we're actually in.

And that's exactly what I was trying to thought like I couldn't wrap my head around the massness of this thing. I still can't because of the uh proximity and the of this thing and once it's once you stated things have not even broughten up yet those are things that need to be brought up well how do you put the toothpaste back in the tube you know I mean it's like

one of my concerns is it's same as there's this board before I was on it approved a 10,000 head feed lot half a mile from my house it's shoddily run but do I want to be the bad neighbor that has to put his name to a piece of paper to start making complaints because the there was permits given, a cup given, and far as I can tell, I'm not sure that they did anything that they said they were supposed to do,

but there's nobody policing it. and that you know here we have all these mitigations put in which it's great if they do those things because we can all point at a dairy or feed lot that is wellrun and you know it and those are all the same things they're supposed to be doing but when they don't whose responsibility is it department of ecology who who should well somebody should it's complaint driven I'm not sure it's our responsibility but some of it some of it is

um you know some of plans that they have that they're required to get. You know, I I I will tell you that, you know, Jim started just before I did and and all the planning staff that was there is gone, right? You have all new faces to deal with and uh the reality is I asked a whole lot of questions and well, we all asked a whole lot of questions and one of the questions I asked is, well, we give out a cup. How do we know anything's even being done? Agreed.

And so we've talked about internally in our office going, "Wait a minute. Most of these people are coming back to get some other kind of permit. If I don't have all the plans on the CUP that you're required to have, why am I issuing you a permit?" Another permit. Yeah. So, I mean, that's a check. Now whether or not those plans are being implemented appropriately, that's sorry, but that's complaint driven. You know, we don't drive around, we don't we don't have the time, money, or or desire to drive around looking for problems. But but on the other hand, if the plans are in place, I think that's a huge step in the right direction.

Are we li are we liable if something goes drastically wrong? meaning for the county if they didn't do the right thing. I I'm going to say I'm going to say in most cases no but are we being responsible? That's the bigger question and that's the question that that gets posed to the commissioners. What level of of of balance do we want here with what really needs to be put on and what as far as a complaint would it's directed at the planning department that almost has to go to the state but they would respond to it.

Um so we do work with the state when it's a state issue. Um, you know, I had I said I don't want to get into any detail because this is public meeting on specifics, but I did have an issue in a critical area and we have jurisdiction over part of it. Department of Ecology in this particular case had jurisdiction over it and we brought them in to come up with a mitigation plan for that and it worked very well. We see the same thing with critical areas related to like uh habitat. We work with fish and wildlife on these things. So we do reach out to the agencies on these things and people turn in complaints to department of ecology um and they'll backtrack them to the county because it's a county responsibility. we get I think in the time I've been director here I've seen one but I have seen one um and you know so it it does work both directions uh when the need when the need is there sometimes you go out and look at the complaint and there's there's nothing that we can really do about it I know that uh we've got a proposal to kind of look at our code enforcement a little differently and quite frankly just with all the workload we've had between us and legal we haven't finalized that. Um hopefully when we get this new code we can we can also bring that up to date to make it a little more uh palatable across the board. How do we do this when there really is an issue and it's got some teeth to it? Um, you know, obviously our first attempt at any kind of uh item that way is voluntary compliance.

I have every I have every intent and direction from the commissioners I know to try and keep it in voluntary compliance. We don't want to take that next step if we don't have to. But I'm pretty sure the sheriff's department doesn't want to take that next step that they take all the time for things that people shouldn't be doing, right? So, um,

it just seems like with these large animal confinement, it's the environmental, the runoff, the you know, a lot of their concerns is and you would think that our first if someone's going to complain, it's it's they're not following their their confinement permit. I mean, and that wouldn't that be Department of Ecology that would have to go after them? Um I I think I think in that particular case the one you mentioned it's probably a department of a a department of a uh does the confinement uh in conjunction with department of ecology

the capital yeah but different agencies have different different roles. Um, and again, if if we had a complaint that was under someone else's jurisdiction, we have an obligation to pass that on, right? Or direct the the person complaining to file it in the appropriate spot. Um, we we get we get a lot of that. You know, I don't know who to talk to. Um, you know, we we we get health issues that come up and it's like you need to go to the Department of Health. Sorry, staff. Do we have any other procedural questions? Um that's the end of my update. So thank you commissioners. I apologize.

Okay. So the meeting is adjourned at 9:00. Thank you. Thank you. Thank you. You guys have a good night. Good to see you. You too. And sorry I did such a bad job. Is it? And it's February. We don't have to drive home in the snow. Thanks.