EXHIBIT LIST FOR CUP 2020-013 The Pit Bull Pen Hearing

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EXHIBIT LIST FOR CUP 2020-013 The Pit Bull Pen Hearing: September 21, 2020 HEM HEM 1.1 Staff Report September 14, 2020 HEM 1.2 Vicinity Maps HEM 1.3 Application Materials August 13, 2020 HEM 1.3A Description of TPBP activities August 13, 2020 HEM 1.4 Written Determination of Completeness August 14, 2020 HEM 1.5 Agency review request August 14, 2020 HEM 1.6 Comment from Benton PUD August 17, 2020 HEM 1.7 Comment from Benton County Public Works August 17, 2020 HEM 1.8 Comment from Benton County Fire Marshal August 18, 2020 HEM 1.9 Comment from Kennewick Irrigation District Comment from Benton County Building Department August 19, 2020 HEM 1.10 August 21, 2020 HEM 1.11 Comment from Benton-Franklin Health District September 3, 2020 HEM 1.12 Notice of Open Record Hearing September 3, 2020 HEM 1.13 Affidavit of Publication HEM 1.14 HEM 1.15 Exhibits Submitted During Hearing or while record remained o pen HEH HEH 1.1 HEH 1.2 HEH 1.3 HEH 1.4 HEH 1.5 HEH 1.6 HEH 1.7 HEH 1.8 HEH 1.9 HEH 1.10

Transcript of EXHIBIT LIST FOR CUP 2020-013 The Pit Bull Pen Hearing

EXHIBIT LIST FOR CUP 2020-013 The Pit Bull Pen

Hearing: September 21, 2020HEM HEM 1.1 Staff Report September 14, 2020

HEM 1.2 Vicinity MapsHEM 1.3 Application Materials August 13, 2020HEM 1.3A Description of TPBP activities August 13, 2020HEM 1.4 Written Determination of Completeness August 14, 2020HEM 1.5 Agency review request August 14, 2020HEM 1.6 Comment from Benton PUD August 17, 2020HEM 1.7 Comment from Benton County Public Works August 17, 2020HEM 1.8 Comment from Benton County Fire Marshal August 18, 2020HEM 1.9 Comment from Kennewick Irrigation District

Comment from Benton County Building DepartmentAugust 19, 2020

HEM 1.10 August 21, 2020HEM 1.11 Comment from Benton-Franklin Health District September 3, 2020HEM 1.12 Notice of Open Record Hearing September 3, 2020HEM 1.13 Affidavit of PublicationHEM 1.14HEM 1.15

Exhibits Submitted During Hearing or while record remained o penHEH HEH 1.1

HEH 1.2HEH 1.3HEH 1.4HEH 1.5HEH 1.6HEH 1.7HEH 1.8HEH 1.9HEH 1.10

Planning Department(509) 786-5612 P.O. Box 910 Prosser, WA 99350

[email protected]

Prosser Office: 620 Market Street, 1st Floor Kennewick Office: 102206 East Wiser Parkway

FILE NO:

HEARING DATE:

APPLICANT:

LAND OWNER:

LOCATION:

PROPERTY SIZE:

AREA TO BE USED:

LAND USE:

ZONING:COMPREHENSIVE PLAN DESIGNATION:

STAFF REPORT TO THE BENTON COUNTY HEARINGS EXAMINER

Pit Bull Pen: Dog Kennel

HEM 1.1

CUP 2020-013

September 21, 2020

Pit Bull Pen, 22206 E Kennedy Road, Benton City, WA 99320

Nancy Strom, 4209 S. Cascade Street, Kennewick, WA 99337

General Location: The property is located on the north side of Kennedy Road,

which is directly north of Interstate I-82.

Address: 22206 E Kennedy Road, Benton City, WA 99320

Legal: Section 16, Township 9 North, Range 27 E, Quarter SE; Short Plat

#2653, Lot 3.

Parcel Number: 1-1697-301-2653-003.

Approximately 2.50 acres

1800 sq. ft. interior space, in addition to outdoor areas.

Residential

Rural Land 5 Acre

Rural Remote

RECOMMENDATION:

Planning Department recommends approval of the application request, subject to the suggested Findings of Fact and Conditions of Approval outlined in this Staff Report.

APPLICATION DESCRIPTION:

The applicant is requesting a Conditional Use Permit to operate a commercial kennel, known as the Pit Bull Pen, on a parcel with an existing Agricultural building. The kennel is proposed as a conversion of the existing Agricultural building at 22206 E Kennedy Road in Benton County, in addition to associated outdoor improvements necessary for the operation of kennel and facilitation of adoption events.

The property is approximately 2.50 acres in size and is zoned Rural Lands 5 District.

The proposed commercial dog kennel will be accessory to an owner-occupied mobile home on the parcel. The kennel space is proposed to utilize 1800 square feet of interior space, in addition to outdoor training and exercise areas.

Pit Bull Pen, Dog Kennel, CUP 2020-013

The site consists of a single-wide mobile home and a 2304 sq. ft. detached accessory building. The dog kennel is proposed to be within the accessory building, in addition to outdoor areas. Internal to the accessory building, the proposal is for a stick-frame built facility with areas designated for office functions, dog wash­room, kennel bank, meet and greet room, and an expansion area for temporary kennels. Outside areas utilized either are currently fenced, or are proposed to be fenced, with 6’ chain link fencing.

PUBLIC NOTICE:

1. The application for CUP 2020-013 was submitted to the Benton County Planning Department on August 13, 2020.

2. The application was declared complete for processing on August 14, 2020.

3. The application documents were distributed to reviewing agencies on August 14, 2020.

4. The Benton County Hearings Examiner Notice of Open Record Hearing for application CUP 2020-013 was published on September 9, 2020 in the Prosser Record Bulletin.

5. The Notice was mailed to property owners of record within 300 feet of the outer boundaries of the parcel on September 9, 2020.

6. The Open Record Hearing is scheduled for September 21, 2020.

APPLICABLE STANDARDS/ORDINANCES:

1. Revised Code of WashingtonRCW 16.08.010 Liability for injury to stock by dogs:The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action.

RCW 16.08.040 Dog bites - Liability:(1) The owner of any dog which shall bite any person while such person is in or on a public place

or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

RCW 16.08.070 Dangerous dogs and related definitions:Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW

16.08.070 through 16.08.100.

(1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, orto cause injury or otherwise to threaten the safety of humans or domestic animals.

(2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations

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requiring multiple sutures or cosmetic surgery.(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous

dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

(5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

(6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

RCW 16.08.090 Dangerous dogs - Requirement for restraint - Potentially dangerous dogs - Dogsnot declared dangerous:(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper

enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.

(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime

RCW 16.52.310 Limit on the number of dogs - Required conditions - Penalty - Limitation of section- Definitions:(1) A person may not own, possess, control, or otherwise have charge or custody of more than

fifty dogs with intact sexual organs over the age of six months at anytime.(2) Any person who owns, possesses, controls, or otherwise has charge or custody of more than

ten dogs with intact sexual organs over the age of six months and keeps the dogs in an enclosure forthe majority of the day must at a minimum:(a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure must be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position. Each enclosure must be at least three times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade.(b) Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such

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exercise must include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable enclosure specified in (a) of this subsection allowing the dog free mobility for the entire exercise period, but may not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.(c) Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:

(i) Housing facilities and primary enclosures must be kept in a sanitary condition. Housing facilities where dogs are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities must have a means of fire suppression, such as functioning fire extinguishers, on the premises and must have sufficient lighting to allow for observation of the dogs at any time of day or night;(ii) Housing facilities must enable all dogs to remain dry and clean;(iii) Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs;(iv) Housing facilities must provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;(v) A primary enclosure must have floors that are constructed in a manner that protects the dogs' feet and legs from injury;(vi) Primary enclosures must be placed no higher than forty-two inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;(vii) Feces, hair, dirt, debris, and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors; and(viii) All dogs in the same enclosure at the same time must be compatible, as determined by observation. Animals with a vicious or aggressive disposition must never be placed in an enclosure with another animal, except for breeding purposes. Breeding females in heat may not be in the same enclosure at the same time with sexually mature males, except for breeding purposes. Breeding females and their litters may not be in the same enclosure at the same time with other adult dogs. Puppies under twelve weeks may not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam unless under immediate supervision.

(d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be regularly cleaned and sanitized. All enclosures must contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times.(e) Provide veterinary care without delay when necessary. A dog may not be bred if a veterinarian determines that the animal is unfit for breeding purposes. Only dogs between the ages of twelve months and eight years of age may be used for breeding. Animals requiring euthanasia must be euthanized only by a licensed veterinarian.A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor. This section does not apply to the following:(a) A publicly operated animal control facility or animal shelter;(b) A private, charitable not-for-profit humane society or animal adoption organization;(c) A veterinary facility;(d) A retail pet store;(e) A research institution;

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(f) A boarding facility; or(g) A grooming facility.

(5) Subsection (1) of this section does not apply to a commercial dog breeder licensed, before January 1,2010, by the United States department of agriculture pursuant to the federal animal welfare act (Title 7 U.S.C. Sec. 2131 etseq.).

(6) For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:(a) "Dog" means any member of Canis lupus familiaris] and(b) "Retail pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets and is regulated by the United States department of agriculture.

2. Benton County Comprehensive Plan 3.3.2.3 Rural Land Use DesignationsRural Remote is the predominant rural land use in the County. This land is located mostly between the agricultural lands (GMA Agriculture), Rural Transition, and the UGAs. Rural Remote land use is intended to enhance and preserve the County's rural character, which includes: rural open space, low densities, wildlife habitat, public open space for outdoor recreational activities, and rural home sites on which a limited range of agricultural activities may be conducted. Allowable density in Rural Remote land use is 1Du/5acres.

3. Benton County Code, Chapter 11.03 Definitions.11.03.010 DEFINITIONS.

(95) "Kennel, Commercial" means any premises on which more than four (4) dogs, each more than six (6) months old are housed, groomed, bred, boarded, trained, or sold.

4. Benton County Code, Chapter 11.50.040 Conditional Use.11.50.040 (a) CONDITIONAL USE PERMIT- GENERAL STANDARDS. The conditional use permit application process allows the Hearings Examiner to review the location and design of certain proposed uses, the configuration of improvements, and the potential impacts on the surrounding area. The application process also allows the Hearings Examiner to ensure that development in each zoning district protects the integrity of that district. The notice, hearing, decision and enforcement procedures are as set forth herein and in BCC 11.50.050.

Certain uses are classified as conditional uses because of their unusual nature, infrequent occurrence, special requirements, or potentially significant impacts to the environment, public infrastructure or adjacent properties, and/or possible safety hazards and other similar reasons.

Once granted, a conditional use permit may be transferred by a holder thereof after written notice to the Hearings Examiner; provided the use and location must remain the same and the transferee must continue to comply with the conditions of the permit and, if applicable, the requirements set forth in Chapter 11.51 BCC.

11.50.040 (d) CONDITIONAL USE PERMIT- PERMIT GRANTED OR DENIED. A conditional use permit shall be granted only if the Hearings Examiner can make findings of fact based on the evidence presented sufficient to allow the Hearings Examiner to conclude that, as conditioned, the proposed use:

(1) Is compatible with other uses in the surrounding area or is no more incompatible than are any other outright permitted uses in the applicable zoning district;

(2) Will not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with any other permitted uses in

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the applicable zoning district;(3) Would not cause the pedestrian and vehicular traffic associated with the use to conflict

with existing and anticipated traffic in the neighborhood to an extent greater than that associated with any other permitted uses in the applicable zoning district;

(4) Will be supported by adequate service facilities and would not adversely affect public services to the surrounding area; and

(5) Would not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district.

It is the applicant's burden to present sufficient evidence to allow the above conclusions to be made. If such evidence is not presented or all necessary reasonable conditions are not identified by the applicant so as to allow the Hearings Examiner to make the conclusions required above, the conditional use application shall be denied.

AGENCY COMMENTS:

1. The application documents were distributed to the following reviewing agencies on August 14, 2020.

Benton County Public Works DepartmentBenton-Franklin Health District City of Benton CityBenton County Building Department WA Dept of HealthBenton County Fire Marshal Kennewick Irrigation DistrictBenton County Code Enforcement Benton PUDBenton County Rural Water Program Benton County Fire District #4

2. Agency comments were received from:a. Benton PUD (HEM 1.6)b. Benton County Public Works (HEM 1.7)c. Benton County Fire Marshal (HEM 1.8)d. Kennewick Irrigation District (HEM 1.9)e. Benton County Building Department (HEM 1.10)f. Benton-Franklin Health District (HEM 1.11)

3. Benton County Planning Department:The following are general comments and discussion points from the Planning Department:a. The lot is zoned Rural Lands Five Acre (RL-5) District.b. The lot is designated Rural Remote by the Benton County Comprehensive Plan.c. Surrounding Land Uses: Similar in nature to the applicant’s property, the adjoining properties

involve single-family homes with residential accessory uses. Nearby adjacent parcels are zoned Rural Lands Five Acre (RL-5) District.

d. Given the various uses applied for in the past related to this parcel, and efforts to address various conditions have stalled, the existing accessory building meets neither the original Agricultural use, nor the proposed Kennel use. An assessment of the building proposed for use may be required to develop appropriate conditions related to the building construction and associated kennel amenities.

e. Upon completion of a review of BCC Title 15 and the Benton County Critical Area Maps, no designated critical areas have been identified. A critical area report is not required for the processing of a conditional use permit for the proposed activity at this location.

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FINDINGS OF FACT AND CONDITIONS OF APPROVAL:

The following suggested Findings of Fact and Conditions of Approval are based on comments received up to the date of this staff memo. Any comments received after the completion of this staff report or obtained during the advertised public hearing of CUP 2020-013 may be addressed by the Hearings Examiner and added or deleted from this list of conditions. The Hearings Examiner may decide to adopt these findings as their own or amend these findings of fact and listed conditions after the comment period of the open public hearing.

If the Hearings Examiner decides to approve Conditional Use Permit Application CUP 2020-013 based on the information presented at the public hearing and after making such findings that support that decision, the Planning Department provides the following Findings of Fact and Conditions of Approval to be reviewed and considered by the Hearings Examiner:

SUGGESTED FINDINGS OF FACT:

1. The applicant is requesting a Conditional Use Permit to operate a Commercial Kennel on a parcel with an existing Agricultural building. The kennel is proposed as a conversion of the existing agricultural building at 22206 E Kennedy Road in Benton County, in addition to associated outdoor improvements necessary for the operation of kennel and facilitation of adoption events;

2. The applicant is The Pit Bull Pen, a 501(c)(3) registered non-profit, operating out of parcel owned by Nancy Strom whose mailing address is 4209 S Cascade St., Kennewick, WA 99337. The operator of the Pit Bull Pen and resident who resides on the parcel is Ms. Strom’s daughter, Ms. Trish Trickit;

3. The property is located north of Kennedy Road, directly north of Interstate I-82, approximately 1/2 mile east of Benton City at 22206 E Kennedy Road, Benton City, WA 99320 (Parcel #1-1697-301-2653- 003);

4. The property is approximately 2.50 acres in size;

5. The zoning designation for the property is Rural Lands 5 Acre (RL-5) District;

6. Surrounding Land Uses: Similar in nature to the applicant’s property, the adjoining properties involve single-family homes with residential accessory uses. Nearby adjacent parcels are zoned Rural Lands Five Acre (RL-5) District.

7. Upon completion of a review of BCC Title 15 and the Benton County Critical Area Maps, no designated critical areas have been identified. A critical area report is not required for the processing of a conditional use permit for the proposed activity at this location.

8. The proposed Commercial Kennel is allowable by Conditional Use Permit in the Rural Lands 5 (RL-5) Zoning District if approved by the Benton County Hearings Examiner;

9. The application for CUP 2020-013 is consistent with the requirements included in the Benton County Zoning Code;

a. Benton County Code, Chapter 11.03 (95) Definitions, states a commercial kennel means any premises on which more than four (4) dogs, each more than six (6) months old are housed, groomed, bred, boarded, trained, or sold.

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10. The comprehensive plan designation for the property is Rural Remote. Rural Remote is the predominant rural land use in the County. This land is located mostly between the agricultural lands (GMA Agriculture), Rural Transition, and the UGAs. Rural Remote land use is intended to enhance and preserve the County's rural character, which includes: rural open space, low densities, wildlife habitat, public open space for outdoor recreational activities, and rural home sites on which a limited range of agricultural activities may be conducted. Allowable density in Rural Remote land use is 1Du/5acres.

11. The application for CUP 2020-013 is consistent with the goals and policies of the Benton County Comprehensive Plan;

12. The proposed Commercial Dog Kennel will be accessory to a mobile home on the parcel. The kennel space is proposed to utilize 1800 square feet of interior space, in addition to outdoor training and exercise areas;

13. The site consists of a single-wide mobile home and a 2304 sq. ft. detached accessory building. The dog kennel is proposed to be within the accessory building, in addition to outdoor areas. Internal to the accessory building, the proposal is for a stick-frame built facility with areas designated for office functions, dog wash-room, kennel bank, meet and greet room, and an expansion area for temporary kennels. Outside areas utilized either are currently fenced, or are proposed to be fenced, with 6’ chain link fencing;

14. Public notice and application requirements have been completed for the conditional use permit request as follows:

a. The application for CUP 2020-013 was submitted to the Benton County Planning Department on August 13, 2020.

b. The application was declared complete for processing on August 14, 2020.

c. The application documents were distributed to reviewing agencies on August 14, 2020.

d. The Benton County Hearings Examiner Notice of Open Record Hearing for application CUP 2020-013 was published on September 9, 2020 in the Prosser Record Bulletin.

e. The Notice was mailed to property owners of record within 300 feet of the outer boundaries of the parcel on September 9. 2020.

f. The Open Record Hearing is scheduled for September 21,2020.

15. The application is consistent with the requirements in Benton County Code (BCC), Title 11 (Zoning), Chapter 11.50.040 (d) which state the Findings of Fact the Hearings Examiner must make in order to grant the request. Specific to this permit application, the County finds:

a. The proposed Commercial kennel is compatible with other uses in the surrounding area and is no more incompatible than are any other outright permitted uses in the applicable zoning district;

b. The proposed Commercial kennel will not materially endanger the health, safety, and welfare of the surrounding community to an extent greater than that associated with any other permitted uses in the applicable zoning district;

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c. The proposed Commercial kennel’s pedestrian and vehicular traffic will not conflict with existing and anticipated traffic in the neighborhood to an extent greater than that associated with any other permitted uses in the applicable zoning district;

d. The proposed Commercial kennel will be supported by adequate service facilities and would not adversely affect public services to the surrounding area; and

e. The proposed Commercial kennel will not hinder or discourage the development of permitted uses on neighboring properties in the applicable zoning district as a result of the location, size or height of the buildings, structures, walls, or required fences or screening vegetation to a greater extent than other permitted uses in the applicable zoning district.

16. The following agency comments were received for this application:

a. Benton PUD recommends the following:

(i). The customer has power to the front of their lot. No additional comments.

b. Benton County Public Works recommends the following:

(i) Public Works has no comments.

(ii) Applicant has applied for a road approach permit (2020-067) and has been approved for the new access to Kennedy RD.

c. Kennewick Irrigation District recommends the following:

(i) This parcel is within the Kennewick Irrigation District (KID) boundaries and is not considered irrigable lands; therefore, it is not assessed by the Kennewick Irrigation District.

(ii) Please note that permanent structures are not allowed within irrigation easements.

d. Benton County Building Department recommends the following

(i) The Building has completely changed inside from its original permitted use. Applicant will need to file an application for change of use with new plans, etc.

e. Benton-Franklin Health District recommends the following:

(i) The site must be served by an approved public water supply in accordance with WAC.

(ii) The site must be served by an on-site sewage system that is permitted, installed and approved in accordance with Benton-Franklin District Board of Health Rules No. 2.

(iii) A waste management plan must be developed to adequately manage all animal waste generated on the site.

f. No comments from Fire Marshal or Fire District #4.

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SUGGESTED CONDITIONS OF APPROVAL:

1. The commercial kennel is to be located in an existing agricultural building at 22206 E Kennedy Road in Benton County. The applicant is to convert the existing building and construct areas designated for office functions, dog wash-room, kennel bank, meet and greet room, and an expansion area for temporary kennels. Outside areas will be utilized and are either are currently fenced, or are proposed to be fenced, with 6’ chain link fencing. The operation will facilitate kennel and adoption events;

2. All required development permits/approvals shall be obtained prior to issuance of CUP. This includes approval of permits required by the following agencies, as applicable:

a. Benton County Building Department recommends the following

(i) The Building has completely changed inside from its original permitted use. Applicant will need to file an application for change of use with new plans, etc.

b. Benton-Franklin Health District recommends the following:

(i) The site must be served by an approved public water supply in accordance with WAC.

(ii) The site must be served by an on-site sewage system that is permitted, installed and approved in accordance with Benton-Franklin District Board of Health Rules No. 2.

(iii) A waste management plan must be developed to adequately manage all animal waste generated on the site.

3. The activities at the site shall be consistent with Conditional Use Permit application request including, HEM 1.3A which describes the activities of the Pit Bull Pen;

4. No more than 20 dogs are allowed at the site at one time; Only exceptions are short term adoption events or a training event;

5. Facility and building plans are to be consistent with application request. Indoor areas where the dogs are to be kept shall have insulated walls/ceiling and sheetrock interior with concrete flooring for sanitation to minimize noise and keep proper ventilation (heated in winter, air conditioned in summer). The housing of dogs inside a residence is not permitted;

6. All outdoor areas, where dogs are to be kept, are to be fenced. Fencing shall be maintained in good repair for segregation and separation of dogs. Dogs shall be maintained and kept on property and not allowed to run free or access neighboring properties;

7. Compliance with proposed waste disposal plan;

8. One sign, 2’ x 2’ and 5’ tall is will be used to identify the kennel operation;

9. Activities and operations at the site shall be in compliance with RCW 16.08 and RCW 16.52 as it relates to dogs, dangerous dogs, and keeping of dogs;

10. Any violation of the conditions of approval will be processed in accordance with BCC Title 11, Chapter 11.43 Administration and Disposition of Infractions. If the Conditional Use Permit has been issued and

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violations exist, the Hearings Examiner may revoke the permit after an open record hearing with notice as set forth in BCC 11.50.050(b), as amended. This condition does not foreclose the County’s use to other enforcement mechanisms;

11. The applicant/permit holder shall continue to meet all conditions of approval while CUP 2020-013 is in effect;

12. Any conditions imposed by the Hearings Examiner shall be completed prior to the Planning Department issuing the Conditional Use Permit. The applicant shall notify the Benton County Planning Department in writing when the conditions set forth herein have been completed. The Conditional Use Permit shall not become effective until issued by the Planning Department;

13. If the conditions of approval have not been met and the Planning Department does not issue the Conditional Use Permit within one (1) year from the time the Hearings Examiner has conditionally approved the Conditional Use Permit, the Hearings Examiner may declare its approval null and void at a regular Hearings Examiner meeting. Prior to doing so, the applicant shall be notified in writing at the applicant’s last known address at least twelve (12) days in advance of the upcoming Hearings Examiner meeting; and

14. If all conditions of approval are not met within one (1) year of the date of approval, a limit of (4) dogs will be the maximum number of animals approved at the site.’

15. This conditional use permit may not be transferred by a holder. If a new property owner wishes to operate a commercial kennel at this location, a new conditional use permit application must be applied for and approved by the Benton County Hearings Examiner.

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HEM 1.3Planning Department P.O. Box 910 1002 Dudley Avenue Prosser, WA 99350

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CONDITIONAL USE PERMIT APPLICATION

File No. Cup soap-pi?,

APPLICANT INFORMATIONPlease check the box indicating primary contact person for this application

a Appiicant/Aaent: The Pit Bull Pen - 501(c)(3) Mailing Address: 22206 E Kennedy Rd______

RECEIVEDAUG 1 3 2020

Benton Co. Planning Dept.

City. Benton City

State: WA ZIP: 99320 Phone . 509-588-9993 Work:

Email Address: [email protected]

Signature: See .-betQjL Date:. 07/29/2020

□ Property Owner(s) (if different): Nancy Strom

Mailing Address:

WA4209 S Cascade St. City:. Kennewick

State: ZIP: 99337 Phone . 509-586-1261 Work:

Email Address: [email protected] Signature: / ,

Signature:

Date: I LjrX0 J O

Date:*lf there are additional owners please copy this section, sign, and attach to the application

If the property is owned by a corporation, trust, partnership or LLC please complete the entity signature block below showing that the person signing has the authority to sign on behalf of the company.

ENTITY SIGNATURE BLOCKIf the applicant or legal owner of the property is a corporation, partnership, trust or LLC use the following signature block.

Applicant/Legal Owner: The Pit Bull Pen____________________________________________

Officer name: Trish TrickiT_______________________________________

WARRANTS AND REPRESENTS THAT ALL NECESSARY LEGAL AND CORPORATE ACTIONS HAVE BEEN DULY UNDERTAKEN TO

permit Trish TrickiT________________________________(name 0fappiiCant) to submit this application and that the

ABOVE SIGNED OFFICER HAS BEEN DULY AUTHORIZED AND INSTRUCTED TO EXECUTE THIS APPLICATION.

Any information submitted to the Benton County Planning Department is subject to public records disclosure law for the State ofWashington (RCW Chapter 42.17) and all other applicable law that may require the release of the documents to the public.

Revised 2/2019

PARCEL INFORMATION _________ _ . . _ .1. Subject property address: 22206 E Kennedy Rd

City. Benton City State . WA ZIP: 993209__7__ 3__0 2___2 6__5 3__0_0__4_ 3. Acreage: 2-52. Parcel number: _____________ _________ ___________ ____

4. Access: [^(sounty Road | |State Road/Highway □ Private Road

5. Utilities: Power: Renton PUD | [Benton REA

Sewer. Jy^jseptic Tank | [city Sewer: (Provider)

Water: J^jndividual Wells | [One well serving 2-4 lots I bne well serving 5+ lots

| [private System (Provider & Address)__________________________________________

| [pity System (Provider)_______________________________________________________

Gas; |^|no | ^es: (Provider)______________________________________________________

Cable: [y^lo I [/es: (Provider)______________________________________________________

Phone: |^|no | [Yes: (Provider)______________________________________________________

Irrigation: [T^o □> rivate | [district: (Provider).

Residence6. Present use of property:

7. What is the proposed use? Commercial Kennel/Rescue facility able to house up to 20 dogs until they are adopted

or go to a foster home. Areas to provide housing, training, exercise for the dogs. Location for fosters to pick up dogs they

will care for. Ability to facilitate adoptions, intake dogs, have volunteers assist with caring for the dogs.

8. Will only one detached building to be used for the proposed use? [y^Jfes Oo

9. Will the project be conducted entirely inside of a building? | [/es

If no, explain what outdoor activities would occur: Dogs will be outside the building for various activities

10. What is the total area, including storage that will be used? 1800 SC| ft________________

11. Does one of the buslocated? / Yes

ness proprietors own/lease the property where the proposed business isNo

12. Is there a residence on site? [^Ji'es [> _ „a) Does one of the proprietors live in the residence on site? [^Tes Oo

o13. Total number of employees (who do not live on site)?

Any information submitted to the Benton County Planning Department is subject to public records disclosure law for the State ofWashington (RCW Chapter 42.17) and all other applicable law that may require the release of the documents to the public.

Revised 2/2019

14. Proposed days and hours of operation (including employee hours)?

Days: Monday through Sunday Hours12pm-6pm and special events

a) Will the operation be seasonal? Months of operation: No15. Will you have a sign? [^[fes Qio

If yes, please answer the following and attach a drawing of the proposed signage

a) Number of sign(s)? ^wo_____________________________

b) Height of sign(s)? 4' and 15'c) Dimensions of sianfs^? 2' x2’ bV the road and 4' x4' on the building

d) Location of sianfst? Near the entrance and up on the front of the buildinge) Will the sign(s) be illuminated?) (/es &

16. How many vehicles will be labeled to identify the proposed use?

17. How many parking spaces will be provided? Existing: _

15+ Asphalt/gravel

_ Proposed:___ Surface Type:_____________

18. What is the name of the access road to the property? E Konnedy Rd_______________

a) Is the road a:[^j3ounty Road | [state Highway | private Road

b) Is the road constructed out of: [^^avement | gravel

19. Is any outdoor lighting proposed? l^f/es Oo

^ Motion lights around the building, street light type light on front and back of buildinga) Where will it be located?_____ _____________________ ________________________

20. Are you proposing any site screening and/or fencing?\SY SS (If yes, please show on site plan map)\ [No

, , ■„-x, , x .0 Chain link around all areas where dogs will have accessa) What type and where will it be located?___________________________ ______________

o* m *.... . . ■ , _ x- There are large fenced play yards. Indoor kennels21. Additional comments or information:____________~r j *____________________will be either chain link or metal wire type enclosures - All 6' tall, as required.

Please reference Building plan and Site plans provided, for additional detail.

IF FURTHER EXPLANATION IS NEEDED FOR ANY OF THE QUESTIONS PLEASE ATTACH ADDITIONAL PAGES.

(FOR STAFF USE ONLY) Application Complete: Y N

Critical Areas: N Y:_______________ ______ _______ Zoning: _____________ _____

Reviewed by:_______________________ _____________ :________ Date:_________ ;_________________ :.

Any information submitted to the Benton County Planning Department is subject to public records disclosure law for the State ofWashington (RCW Chapter 42.17) and all other applicable law that may require the release of the documents to the public.

The Pit Bull Pen

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Page 1 of 1

ON-SITE SEWAGE DISPOSAL SYSTEM CONSTRUCTION INSPECTION REQUEST

ENVIRONMENTAL HEALTH7102 W. Okanagan PI. Kennewick, WA 99336 (509) 460-4205

310 7'1' Avenue Prosser, WA 99350 (509) 786-1633

DATE OE REQUEST: 6/30/09________ COUNTY:_____ Benton ________ _ CITY/ARKA: Benton Cilv_________

TYPE OT SEWAGE SYSTEM: CONVENTIONAL GRAVITY FLOW X ALTERNATIVE SYSTEM______

TYPE OF PERMIT: NEW X REPAIR______ 2 COMPONENT REPAIR_______ALTERATION/EXPANSION________

TYPE OF STRUCTURE: SINGLE FAMILY HOME _____ (Site Built___ __ Manufactured__ X ) Number of Bedrooms 3

NON-RESJDENTIAL_____TYPE OF BUSINESS______________________________ DESIGN CAPACITY____________oPdBUILDING SEWER CONNECTED TO SEWAGE DISPOSAL SYST EM: YES_____NO X S«lion_l6__ Towmhip__9 Ran6e_27__

PERMITTEE’S NAME: Trisli Tricket___________________BUILDER/CONTRACTOR Psalm24____________________

PARCEL IDENTIFICATION NUMBER: 1-1697-301-2653-004______________________________________________________

PROPERTY ADDRESS (Include nearest County road) 22206 E. Kennedy Road

LEGAL DESCRIPTION OF PROPERTY Short Plat 2653 Lot 4

19880 PERMIT NUMBER

ttPHD-EH-PC t 15 (rev. 64)4)

http://appx/AppXtender/datasources/AX/applications/2/document/16701?lqid=-l&lqrid=%7... 5/2/2017

Page 1 of 1

©NORTH

PROPOSED STRUCTURE:____________________________ INDICATE SCALE! *" g 100'

PARCEL NO.; 1-1697-301-2653-004_____________________________________________

OWNER; Trish TrickiT S Hob Muth;

http://appx/AppXtender/datasources/AX/applications/2/document/l6701 ?lqid— 1 &lqrid-%7... 5/2/2017

HEM 1.3A

The Pit Bull PenWhat we do

The Pit Bull Pen is a 501c3 all volunteer organization focusing on the pit bull breed. The Pit Bull Pen does accept other breeds into our program if we can help the dog and no other rescue group has stepped up. Our dogs come from many sources including animal control agencies, owner surrenders, found dogs, abuse intervention, or born in custody to mention a few.

The Pit Bull Pen does not accept dogs with a history of aggression towards people or behavioral issues that we are not able to address. We have several trainers and many volunteers capable of working with less than perfect dogs. Although we try to screen the dogs before we take them into our program, we cannot always be 100% knowledgeable about their history. Getting the dog into a safe environment, necessary vet care, and a reliable meal is our first concern when we learn about a dog in danger.

The Pit Bull Pen is asking to be able to house up to 20 dogs on the premises. We are foster based and we value the ability our fosters have to provide a much more homelike environment while our dogs decompress and learn how life can be instead of what it has been. Our intention is not to keep 20 dogs on site, but to alleviate the risk of being over our allowed number if we temporarily take extra dogs or have an adoption event, play date, training or other dog involved activity. We get a lot of calls for help when animal control services are closed, during storms, holidays where there are fireworks or other loud commotion and pets get scared and lost. The Pit Bull Pen understands that we are NOT animal control, nor do we want to be, but we can provide temporary help to the animals in need when these services are not available.

Our Process

INTAKE-The Pit Bull Pen receives requests to take dogs from the public, other rescues, animal control (not local), humane societies, networkers trying to save death row dogs. We have received dogs from California, Texas, New Mexico, Oregon, Idaho and all over Washington. Individuals wishing to surrender their dog fill out a surrender application, and then an assessment on the dog is completed. The dog is taken into our program if space or a foster is available, ffif space is not available, the dog is entered into our Responsibull Rehoming program where the dog remains with owners until they get adopted, a space at the site opens, or a foster is able to take them.

Animal control, shelters, other rescues or organizations will transfer dogs to us. A team of individuals, that often including trainers, assesses the dogs physically, mentally and behaviorally. We accept medical cases immediately if necessary and provide the care needed to sustain life while we get a foster established.Dogs housed at The Pit Bull Pen rescue centers are normally those being worked with on

behavioral issues, medical cases, or moms with puppies. Our goal is for no dog to be on site longer than 3 days and for our dogs to be adopted within 30 days, but some dogs need more than can be provided in that timeframe.

Once a dog is evaluated, we vaccinate, microchip, worming, spay/neuter, provide training, and provide them with healthy, good food. ALL our dogs receive these services as well as any temporary strays or found dogs. In addition, if we see any signs of parasites we treat for those as well. Medical supplies are kept on site and provided to our fosters so that minor wounds so minor medical treatment can be provided immediately upon arrival. Any dogs needing more than basic care is taken to one of our local veterinarians. The Pit Bull Pen has worked with Menks Mobile, VCA, Banfield, Paws Claws and Hooves, Animal Hospital of Pasco, Mid-Columbia Medical Emergency Services, Pet Medical Center, and Horse Heaven Urgent Care.

ADOPTION- Adoption applications are processed through our website. 5-7 board members review each application. Background checks are conducted. Interviews are conducted if we have any concerns or need more information. A home check is done through pictures or video with the COVID limitations and will be done in person when allowed. A meet and greet is scheduled and if it is a love match, the dog leaves to go live with his new forever family.

FOLLOW UP- Once a dog is adopted, The Pit Bull Pen requires weekly check ins to ensure the dog is adjusting well to their new home, is being provided for, and is safe, happy, and healthy.IF the dog is not adjusting well to the new environment, we may recommend training or remove the dog so a better suited home can be found for the dog. IF an owner is not providing appropriate care, The Pit Bull Pen will immediately remove the dog from the home and take the dog back into our program.The Pit Bull Pen is in this for the life of the dogs we place into homes. Any of our dogs can be returned at any time for any reason.

Facility

The Pit Bull Pen facility consists of a 2.5-acre parcel of land with a 48x48 building being remodeled to suit rescue needs. This building will allow adequate space for up to 20 5x5 portable kennels if we use the large training room. Details are on the building plan as well as outlined below.

OutdoorsThe Pit Bull Pen has an existing 6' chain link fencing around the areas of the property where the dogs are allowed to exercise and be off leash. We have 5 separate yards with the ability to cross

fence to create more safe areas for future growth. We will complete fencing across the front of the building this summer. We are able to keep dogs from reaching the road or other properties if a dog should escape from a smaller secured area. This has proven effective. More fencing will be added until the entire property has a 6' fence.

The property is about 50% used with more area in the back to allow expansion of play areas.No dogs are to be housed outside in the play areas. Dog houses are located in each area for shade and quiet time, but mostly the dogs sit on top of them for a better view. There are pergolas being fabricated for additional shade as well as plans for agility equipment, interactive toys, and an area for water play.

We have a yard completely separated from any other yard for difficult dogs that can't be near others without proper training or socialization. Once the dog has been properly trained or socialized, the dog will be integrated into larger play groups.

Sod is being placed in the yards with rock around the edges for potty areas that will be cleaned daily as described below.

IndoorsThe Pit Bull Pen building is a stick built 48x48 foot structure with ten foot high ceilings. There will be an approximately 21x24 foot area that is designated for personal use as we are only allowed to use 1800 square feet.We have divided this into the following areas per the floor plan but please keep in mind that our 5x5 foot kennels are portable and can be configured in an unlimited number of ways, but for this purpose I am showing the use of 10 kennels. When we have fewer dogs they can have larger spaces.The 5x5' kennels are a welded wire panel that is more secure than chain link panels. We have found that some chain link is easy for a fat headed pit bull to push through essentially bulldozing his way out. Our outdoor fencing is all heavy duty chain link with a wire at the bottom to prevent them from pushing through and we test them with Trish TickiT's dog Lucky who is a skilled escape artist.We also have 20 smaller kennel units that stack on a wall to create a "kennel bank", and can be used for smaller dogs, puppies, injured dogs, or to quarantine a sick dog. They range in size from approximately 2'x2' up to 2'x6'. Each is a separate unit and they can't be combined like the 5x5' kennels can be. These will be installed on the front wall of the main kennel room.The 14x24 back room will hold 2 kennels, kennel bank in between as well as a sink, bathtub, refrigerator, counter space, supply storage for medical and other supplies.The lobby is 16x24 and will have an intake kennels for dogs coming in and/or going out for adoption or foster. This arrangement keeps everyone safe and in control and will eliminate

inappropriate dog interactions in the lobby area. There will be chairs, counters, merchandise area ,and control access to the kennels and play areas so that nobody can enter without coming through the lobby.Behind the lobby is a large room 25x24' that can be used for training classes, adoption events, kennels if needed temporarily for extra dogs, socializing space, meetings and more.

Emergency Plan

Escaped dogs- First step is to confirm if the dog is still on the property. If the dog is still on the property, all gates will be checked to ensure they are closed so the dog will be contained on the property. Next, calmly locate the dog and contain it inside a play yard or the building depending upon the situation, even inside a car, until the dog can be leashed and returned to its appropriate area.

If the dog has left the property, the first step will be to determine which direction the dog is traveling in. All board members will be contacted to help in the search efforts. In addition, a Facebook post may be made to ask for assistance in helping search for the escaped dog. The Pit Bull Pen has a good network of volunteers who are willing to help search and catch dogs. Last, the dog will be labeled a flight risk and a GPS collar will be placed on it.

Bites- Separate the offending dog from the injured party, secure dog away from others dogs and people until an assessment can be made.Assess injury and determine if medical attention is needed.If medical attention is required take injured person or dog to the medical facility or vet for treatment.If no medical attention is needed then we discuss what happened, why and how to prevent it from happening again.If the bite broke skin, the dog is placed on a 10 day hold, a report is made to the BF Health Department. The Pit Bull Pen then evaluates why the event happened, the risk of the event reoccurring, and what steps can be implanted to stop the reoccurrence of the event.

If the dog is aggressive towards humans and no other remedy is acceptable or the bite is bad enough with no fault to the human, we discuss training options, transferring the dog to another rescue group better suited to handle the behavior issues, or discuss euthanizing the dog.

Natural Disasters- Fire, Flood, Wind storm, etc.

Assess the dogs and secure them first. We have enough portable crates to have one per dog plus more if needed. We also will have small 2x2 kennel banks for smaller dogs and there are

20 of those.Check the grounds for damages, if damages are present then begin repairs to secure everything.Consult with authorities about what to do if it is more than we can manage.If dogs are in danger get them moved to a safe location like Petsmart or a building where dogs can be in crates or kennels. We are already set up with Tammy Falkner for disaster situations to use crates or get supplies during any given situation. She does Red Cross disaster relief and always checks in with us during any event such as a fire.

Volunteers

Our volunteers screened through applications, background checks, and interviews are conducted at the site. Those we do not understand how to appropriately interact with our pit bulls are not allowed to do so without supervision. We have 10 individuals who are relaxed with and capable of handling any dog on sight once introduced properly.

There are many activities needing done that do not involve working directly with the dogs and there are usually puppies or other breeds available for volunteers to work with.We have always offered group training as well as individual sessions with our trainers for fosters, volunteers, and board members. Once our building is complete and depending upon COVID-19 procedures, we hope to be using the training room for volunteer orientations as well as training classes with several different trainers from Petco, Mattox Training and others we have worked with.Volunteer training will be REQUIRED for all volunteers, as we are always learning something new. We are putting together a volunteer packet with information about the rescue as well as policies and procedures manuals so that everyone is as safe as possible while at the site or in the community representing The Pit Bull Pen.

Waste Disposal

Indoor waste is always cleaned up with an appropriate cleaner and rags or paper towels depending upon the volume & viscosity. We use potty pads with dogs who are not potty trained yet. All waste and materials used to clean soiled areas is deposited into a garbage bag or other plastic bag and placed into the trash receptacle provided by waste management then picked up once a week. We currently have 2 large receptacles on sight. This procedure has been cleared by Benton Franklin Flealth Department as well as the Department of Ecology.The septic tank for the home will be moved outside the well radius of 100 feet and is outlined on the site plan. Group B water system approval is conditional upon this modification and has been applied for. Septic modification application will be made as soon as we're set with a contractor and drainage for the sink, tub and washer in the shop will be discussed with BFFID at that time.

Just Some StatisticsMany of our adopters have adopted more than once from us. We have placed dogs in California, Canada, Oregon, Idaho and Washington with about a 2% return rate. In 2019, The Pit Bull Pen placed 150 dogs into their forever homes. Over 500 dogs and a couple cats have passed through our care with 99% of them still in loving homes. Every board member, volunteer and supporter invests emotionally, monetarily and physically in The Pit Bull Pen. Our heart, and mission is to build a safer community for the pit bull dogs that are too often feared, discarded by society, and misrepresented by the media.The Pit Bull Pen is one of the top local rescues and we are quickly approaching 10,000 followers on Facebook, can generate funds for expensive medical cases, and followers send us supplies when we need them. The Pit Bull Pen has arrived!!!Now we need to get this facility up and running, so we continue in our mission to help a greater dog of dogs in need.

Planning Department(509) 786-5612 P.O. Box 910 Prosser, WA 99350

[email protected]. us

Prosser Office: 620 Market Street, 1st Floor Kennewick Office: 102206 East Wiser Parkway

August 14, 2020HEM 1.4

The Pit Bull Pen Via email to [email protected] Kennedy Road Benton City, WA 99320

RE: Written Determination of CompletenessFile Number: CUP 2020-013

Dear Applicant,

This office is in receipt of your project permit application for a Conditional Use Permit to allow the operation of a commercial kennel/rescue operation. The Planning Department has determined that the required materials have been submitted and the application is complete. A file number has been assigned (CUP 2020-013) and the review process will now begin.

Although this office has determined that your application is complete, more clarification or information may be needed from you during the review process. If additional information is required, it will need to be submitted to our office before the item can be heard at the hearing before the Hearings Examiner. Prior to any hearing on your project, you will receive a public hearing notice and a staff memo.

If you have any questions regarding this matter, do not hesitate to contact this office.

Sincerely,

Brian Malley, Associate Planner Benton County Planning Department

Planning Department(509) 786-5612 P.O. Box 910 Prosser, WA 99350

[email protected]. us

Prosser Office: 620 Market Street, 1st Floor Kennewick Office: 102206 East Wiser Parkway

August 14, 2020 HEM 1 -5

^Benton County Public Works Benton County Building Department Benton County Fire Marshal Benton County Code Enforcement Benton County Canine Shelter Benton County Rural Water Program Benton-Franklin Health District Washington State Department of Health Kennewick Irrigation District Benton PUD City of Benton City Fire District #4

RE: Agency review of Conditional Use Permit applicationFile#: CUP 2020-013

Attached is a Conditional Use Permit application from The Pit Bull Pen for your agency’s review. The applicant wishes to operate a commercial dog kennel/dog rescue facility for up to 20 dogs, with associated outdoor improvements necessary for the operation of kennel and facilitation of adoption events.

The site is located at 22206 E. Kennedy Road Benton City, WA 99320 directly north of Interstate 82.

PLEASE SUBMIT YOUR COMMENTS to [email protected] by August 28, 2020. Please reference file number CUP 2020-013 in all correspondence.

If you have any questions or need more time to review the application, please contact the Planning Department at (509)786-5612 or to the email above.

Prior permits have been pursued upon the subject parcel and also by “The Pit Bull Pen”. Currently, no other permits are valid on the subject parcel or for “The Pit Bull Pen” in Benton County. This CUP application does differ slightly from prior applications - please review and provide input based upon the information provided within CUP 2020-013 materials.

Thank you!

Benton County Planning Department

April Brown HEM 1.6From: Shanna Everson <[email protected]>Sent: Monday, August 17, 2020 7:39 AMTo: Planning DepartmentSubject: [EXTERNAL] RE: [E] Agency review of new Conditional Use Permit application (CUP 2020-013)

CAUTION: This email originated from outside of Benton County. Do not click links or open attachments unless you recognize the sender and know the content is safe.

The customer has power to the front of their lot. They are good with BPUD.

Shanna Everson Distribution Design Tech 1 509-585-5367

BENTON

From: Planning Department <[email protected]>Sent: Friday, August 14, 2020 4:53 PMTo: Clark Posey <[email protected]>; Carin Brown <Carin.Brown(5)co.benton.wa.us>; Michelle Cooke <[email protected]>; Benton Franklin Health District - Rick Dawson <[email protected]>; Kennewick Irrigation District - Application and SEPA Review ([email protected]) <[email protected]>; Kennewick Irrigation District - Ben Woodard <[email protected]>; Kennewick Irrigation District - Seth Defoe <[email protected]>; City of Benton City - Mayor Linda Lehman ([email protected]) <[email protected]>; City of Benton City - Stephanie Haug <[email protected]>; [email protected]; Cristina Woods <[email protected]>; Jeff Liner <[email protected]>; Tavis Hatfield <[email protected]>; Jenelle Schadler <[email protected]>; Michelle Johnson <[email protected]>; Rod Worthington <[email protected]>; Steve Brown <[email protected]>; Troy Taylor<[email protected]>; Brenda Webb <[email protected]>; Chad Brooks <[email protected]>; Roxanne Weller <[email protected]>; Shanna Everson <[email protected]>; Tina Glines <[email protected]>; Jeff Vosahlo <[email protected]>; Mike Irving <[email protected]>Subject: [E] Agency review of new Conditional Use Permit application (CUP 2020-013)

Please see the attached.Please have any comments back to our office by August 28, 2020.

Thank you! Have a great weekend!

COUNTY OF

BENT@NWASH !NGTO>:

April Brown, Permit TechnicianBenton County Planning Department PO Box 910 Prosser WA 99350 (509) 786-5612 Website

The Planning Department has TWO OFFICES to serve you! I am usually in the Kennewick office (102206 East Wiser Parkway Kennewick, WA 99338). Our office in Prosser has moved to the First Floor of the Courthouse (620 Market Street, Prosser).

NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this email account may be a public record. Accordingly, this email, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

April BrownHEM 1.7

From:Sent:To:Subject:

Cristina WoodsMonday, August 17, 2020 8:38 AM Planning DepartmentRE: Agency review of new Conditional Use Permit application (CUP 2020-013)

Good morning

Public Works has no comments.They have applied for a road approach permit (2020-067) and have been approved for a new access to Kennedy RD.

Thank you

Cristina I. 'Woods

'Engineering rCzcfi III Benton County TubCic Works 102206 Wiser Tarkway Xennewick WJA.99338 509-786-5611

From: Planning Department <[email protected]>Sent: Friday, August 14, 2020 4:53 PMTo: Clark Posey <[email protected]>; Carin Brown <[email protected]>; Michelle Cooke <[email protected]>; Benton Franklin Health District - Rick Dawson <[email protected]>; Kennewick Irrigation District - Application and SEPA Review ([email protected]) <[email protected]>; Kennewick Irrigation District - Ben Woodard <[email protected]>; Kennewick Irrigation District - Seth Defoe <[email protected]>; City of Benton City - Mayor Linda Lehman ([email protected]) <[email protected]>; City of Benton City - Stephanie Haug <[email protected]>; [email protected]; Cristina Woods <[email protected]>; Jeff Liner <[email protected]>; Tavis Hatfield <[email protected]>; Jenelle Schadler <[email protected]>; Michelle Johnson <[email protected]>; Rod Worthington <[email protected]>; Steve Brown <[email protected]>; Troy Taylor <[email protected]>; Benton PUD - Brenda Webb <[email protected]>; Benton PUD - Chad Brooks <[email protected]>; Benton PUD - Roxanne Weller <[email protected]>; Benton PUD - Shanna Everson <[email protected]>; Benton PUD - Tina Glines ([email protected]) <[email protected]>; Benton PUD Jeff Vosahlo <[email protected]>; Benton PUD-Mike Irving <[email protected]>Subject: Agency review of new Conditional Use Permit application (CUP 2020-013)

Please see the attached.Please have any comments back to our office by August 28, 2020.

Thank you! Have a great weekend!

BENT@NCOUNTY OF

WASHINGTON

April Brown, Permit TechnicianBenton County Planning Department PO Box 910 Prosser WA 99350 (509) 786-5612 Website

April BrownHEM 1.8

From:Sent:To:Subject:

Clark PoseyTuesday, August 18, 2020 1:08 PM Planning DepartmentRE: Agency review of new Conditional Use Permit application (CUP 2020-013)

My only comment is, this all happened without the approval of a Conditional Use Permit.

Not sure why this has drug out so long.

Fire Marshal has no other comment.

Clark

Just Some StatisticsMany of our adopters have adopted more than once from us. We have placed dogs in California, Canada, Oregon, Idaho and Washington with about a 2% return rate. In 2019, The Pit Bull Pen placed 150 dogs into their forever homes. Over 500 dogs and a couple cats have passed through our care with 99% of them still in loving homes. Every board member, volunteer and supporter invests emotionally, monetarily and physically in The Pit Bull Pen. Our heart, and mission is to build a safer community for the pit bull dogs that are too often feared, discarded by society, and misrepresented by the media.The Pit Bull Pen is one of the top local rescues and we are quickly approaching 10,000 followers on Facebook, can generate funds for expensive medical cases, and followers send us supplies when we need them. The Pit Bull Pen has arrived!!!Now we need to get this facility up and running, so we continue in our mission to help a greater dog of dogs in need.

From: Planning Department <[email protected]>Sent: Friday, August 14, 2020 4:53 PMTo: Clark Posey <[email protected]>; Carin Brown <[email protected]>; Michelle Cooke <[email protected]>; Benton Franklin Health District - Rick Dawson <[email protected]>; Kennewick Irrigation District - Application and SEPA Review ([email protected]) <[email protected]>; Kennewick Irrigation District - Ben Woodard <[email protected]>; Kennewick Irrigation District - Seth Defoe <[email protected]>; City of Benton City - Mayor Linda Lehman ([email protected]) <[email protected]>; City of Benton City - Stephanie Haug <[email protected]>; [email protected]; Cristina Woods <[email protected]>; Jeff Liner <[email protected]>; Tavis Hatfield <[email protected]>; Jenelle Schadler <[email protected]>; Michelle Johnson <[email protected]>; Rod Worthington <[email protected]>; Steve Brown <[email protected]>; Troy Taylor <[email protected]>; Benton PUD - Brenda Webb <[email protected]>; Benton PUD - Chad Brooks <[email protected]>; Benton PUD - Roxanne Weller <[email protected]>; Benton PUD-Shanna Everson <[email protected]>; Benton PUD - Tina Glines ([email protected]) <[email protected]>; Benton PUD Jeff

Vosahlo <[email protected]>; Benton PUD-Mike Irving <[email protected]> Subject: Agency review of new Conditional Use Permit application (CUP 2020-013)

Please see the attached.Please have any comments back to our office by August 28, 2020.

Thank you! Have a great weekend!

COUNTY OF

WA 3H5NGTON

April Brown, Permit TechnicianBenton County Planning Department PO Box 910 Prosser WA 99350 (509) 786-5612 Website

The Planning Department has TWO OFFICES to serve you! 1 am usually in the Kennewick office (102206 East Wiser Parkway Kennewick, WA 99338). Our office in Prosser has moved to the First Floor of the Courthouse (620 Market Street, Prosser).

NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this email account may be a public record. Accordingly, this email, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party.

HEM 1.9

Customer Service 509-586-9111

2015 soutn uiy street Kennewick, WA 99337

Business 509-586-6012FAX 509-586-7663

August 19, 2020

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RECEIVEDApril BrownCounty of Benton - Planning Department AUG 2 4 2020P.O. Box 910Prosser, WA 99350 Uentou r,, |

Subject: Review Comments for CUP 2020-013

Dear Ms. Brown:

The Kennewick Irrigation District has received your Conditional Use Permit Application submitted by The Pit Bull Pen, 22206 E. Kennedy Rd, Benton City, WA 99320, to operate a commercial dog kennel/dog rescue facility. This project is located at 22206 E. Kennedy Rd, Benton City, WA 99320.

1. This parcel is within the Kennewick Irrigation District (KID) boundaries and is not considered irrigable lands; therefore, it is not assessed by the Kennewick Irrigation District.

2. Please note that permanent structures are not allowed within irrigation easements.

If you have any questions regarding these comments, please contact me at the address/phone number listed above.

Sincerely,

Blaine Broberg, EIT Staff Engineer

C: LB/correspondence/File: [16-09-27]

HEM 1.10Brian Malley

From: Steve BrownSent: Friday, August 21, 2020 3:27 PMTo: Brian Malley; Greg WendtCc: Rod Worthington; Dale Wilson; Clark Posey; April BrownSubject: RE; [EXTERNAL] Building

The Building has been completely changed inside from its original permitted use. She will need to file an application for a change of use with new plans etc.

Steve BrownBenton County Building Department Manager

From: Brian Malley <[email protected]>Sent: Friday, August 21, 2020 1:29 PMTo: Greg Wendt <[email protected]>Cc: Rod Worthington <[email protected]>; Steve Brown <[email protected]>; Dale Wilson <[email protected]>; Clark Posey <[email protected]>; April Brown <[email protected]>Subject: FW: [EXTERNAL] Building

Greg, Rod, Steve, Clark & Dale -

As you're all aware, Pit Bull Pen (Trickit) is pursuing a CUP for their operation at this time. From the materials submitted, it appears their plans and application are in good order.

Based on our (pre-application) discussions amongst county staff, we understand the building to be only partially complete to conditions that were provided through priori CUP efforts. I had mentioned to both Trickit and our staff when anticipating the CUP application, that it may be necessary to complete on on-site visit to determine the current status of building and any conditions that may be required.

I'm curious if any of the county staff feel the need to schedule a time to visit Pit Bull Pen? I do want to also mention the email (below) received last week. I have responded to Ms. Trickit to hold on her efforts until she hears response from us.

At this time, CUP materials are out for agency review - Comments due 8/28 (next Friday).

Please grab my attention and let me know if you feel a visit is desired, or shoot a "reply all".

Thanks -

Brian

From: The Pit Bull Pen <thepitbullpen(5)gmail.com> Sent: Tuesday, August 18, 2020 9:13 AM

1

Brian Malley

HEM 1.11

From:Sent:To:Cc:Subject:

Rick Dawson <[email protected]>Thursday, September 3, 2020 7:39 AM Brian MalleyJoDee Peyton; Deana Chiodo[EXTERNAL] RE: Agency review of new Conditional Use Permit application (CUP 2020-013)

CAUTION: This email originated from outside of Benton County. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Brian,

Sorry for the delay.

The Benton-Franklin Health District has reviewed the proposal and has the following comments:

• The site must be served by an approved public water supply in accordance with WAC 246-291 and Benton- Franklin District Board of Health Rules No. 7.

• The site must be served by an on-site sewage system that is permitted, installed and approved in accordance with Benton-Franklin District Board of Health Rules No. 2.

• A waste management plan must be developed to adequately manage all animal waste generated on the site.

If you have any questions please feel free to contact me at the number below.

James R.(Rick) DawsonSr. Manager-Surveillance & InvestigationBenton-Franklin Health District7102 W. Okanogan Place,Kennewick, WA 99336 p: 509.460.4313 f: 509.585.1537www.bfhd.wa.qov [email protected]

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From: Brian Malley <[email protected]>Sent: Tuesday, September 1, 2020 8:54 AMTo: Rick Dawson <[email protected]>; [email protected]: Greg Wendt <[email protected]>; Steve Brown <[email protected]>; Rod Worthington

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Planning Department(509) 786-5612 P.O. Box 910 Prosser, WA 99350 Kennewick Office: ^

[email protected]

Prosser Office: 620 Market Street, 1st Floor

HEM 1.12NOTICE OF OPEN RECORD HEARINGS

NOTICE IS HEREBY GIVEN that the following applications have been proposed to the Benton County Hearings Examiner for Benton County, Washington.

CUP 2020-010 Applicants: Eric and Jennifer CorwinThe applicants are in the process of building a new home and when that home is complete, they will be remodeling the existing/current home into an Accessory Dwelling Unit. The site is located 83204 North Harrington Road in West Richland. Section 23, Township 7 North, Range 27 East, W.M.

CUP 2020-011 Applicants: Conrad Russell Excavating & George SchneiderApplicants are proposing a mining operation that is intended to create usable farmland out of rocky scabland. In order to utilize the land for agricultural purposes, the rocky outcroppings will be crushed and either sold and removed from the site or stockpiled for later use. The project will be conducted in phases starting on the southern-most parcel and working north across the site for an undetermined amount of time until the land is clear of outcroppings. The project site consists of 3 parcels: 1-2395-102-0030-003, 1-2395-102­0030-002, and 1-2395-302-0015-000 (aka 80408 W Old Inland Empire Hwy Prosser, WA 99350)

CUP 2020-012 Applicant: James DeGradoThe applicant is requesting to operate a commercial wine production facility within an existing structure on the property. In addition to the 3600 sq ft wine production building, there will be an associated evaporation/infiltration pond (47’ x 70’ with 90 cubic yards of volume) on an adjacent portion of the parcel. The production facility is intended for bottling and shipping needs on a rental basis, with activities expected to be seasonal in both spring and fall. The site is located 34809 North Schumacher PR NE in Benton City. Section 16, Township 9 North, Range 27 East, W.M.

CUP 2020-013 Applicant: The Pit Bull Pen (Trish Trickit)The applicant wishes to operate a commercial dog kennel/dog rescue facility for up to 20 dogs, with associated outdoor improvements necessary for the operation of kennel and facilitation of adoption events. The site is located at 22206 E. Kennedy Road Benton City, WA 99320 directly north of Interstate 82.

NOTICE IS GIVEN that said the Benton County Hearings Examiner will hold an open record public hearing for the above stated applications on Monday, September 21, 2020 at 10:00 am.

Due to the ongoing and unprecedented COVID-19 emergency, participation in this meeting will only be offered virtually. All concerned persons may virtually appear and present any support for or objection to an application or provide written testimony to the Hearings Examiner in care of the Planning Department on or before the date of the hearings. Written testimony may be submitted to: Benton County Planning Department PO Box 910 Prosser, WA 99350. Any information submitted to Benton County is subject to the public records disclosure laws for the State of Washington (RCW Chapter 42.17) and all other laws that may require the release of the documents to the public.

To find information on virtual attendance options, including streaming video, Webex video conferencing and telephone, please visit www.tinvurl.com/BCPublicNotice

If you wish to provide comments on any of the actions before the Hearings Examiner, we ask that you please fill out our online form (found at https://tinvurl.com/testifvform) and submit your request to our office. You must submit a request form to participate for each hearing that you wish to attend. If you prefer to make the request by phone, please call our office at (509) 786-5612 and we can add you to the list for

providing testimony. At the meeting the names of those wishing to testify will be called out and at that time you will be able to present your comments/concerns regarding the specific agenda item. We do ask that participants please limit background noise or mute their line to prevent any unnecessary interruption to the meeting.

If you have questions regarding any of the land use proposals listed or have questions about submitting comments or attending a virtual hearing, please contact the Planning Department at 509-786-5612 or visit our office at 102206 E. Wiser Parkway, Kennewick, WA 99338.

Dated this 3rd day of September 2020

SUSAN E. DRUMMOND Benton County Hearings Examiner

Greg J. Wendt, Planning ManagerBenton County Planning Department

PUBLICATION DATE: September 9, 2020

HEM 1.13 5003

AFFIDAVIT OF PUBLICATIONSTATE OF WASHINGTON j ss County of Benton /

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_______first duly sworn on oath, degAses and says that he is the

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Notary Public in and for the State of Washington, residing at Prosser, Washington

Notice\ NOTICE OF OPEN

RECORD HEARINGS NOTICE IS HEREBY GIVEN that the following applications have been

tare'UneSilng' will unjy uc offered Virtually. All concerned persons m$y virtually appear and present any support for or objection to an application or provide written testimony to the Hearings Examiner in care of the Planning Department on or before the date of the hearings. Written testimony may be 'submitted to: Benton County Planning Department P0 Box 910 Prosser, WA99350. Any---- informationsubmitted to Benton County is subject to the public records disclosure Jaws for tt\e StatK

limit background noise or. mute their line to prevent any unnecessary interruption to the

If you have questions regarding any of the land use proposals listed or have questions about submitting comments _ or attending a virtual hearing, please contact the Wfuimg Department at 509-786-5612 or visit our office at 102206 E. Wiser Parkway, Kennewick, WA99338.Dated this 3rd day of September 2020 STTSAN E. DRUMMOND Benton County Hearings Examiner Prep I. WendtPlanning Manager Benton County Department ■ ,Published: Prosser Record-Bulletin , a omnPublished: September 9,2020

Planning

EWWVVVVVWVWVf- Annette C. Jones

Notary Public State of Washington

appointment Expires 07/10/2021

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NoticeNOTICE OF OPEN

RECORD HEARINGS NOTICE IS HEREBY GIVEN that the following applications have been proposed to the Benton County Hearings Examiner for Benton County, Washington.CUP 2020-010 Applicants: Eric and Jennifer Corwin The applicants are in the process of building a new home and when that home is complete, they will be remodeling theexisting/current home into an Accessory Dwelling Unit. The site is located 83204 North Harrington Road in West Richland. Section 23, Township 7 North, Range 27 East, W.M.CUP 2020-011 Applicants: Conrad Russell Excavating & George Schneider Applicants are proposing a mining operation that is intended to create usable farmland out of rocky scabland. In order to utilize the land for agricultural purposes, the rocky outcroppings will be crashed and either sold and removed from the site or stockpiled for later use. The project will be conducted in phases starting on the southern-most parcel and working north across the site for an undetermined amount of time until the land is clear of outcroppings. The project site consists of 3 parcels: 1-2395­102-0030-003, 1-2395-102­0030-002, and 1-2395-302­0015-000 (aka 80408 W Old Inland Empire ITwy Prosser, WA 99350)CUP 2020-012 Applicant: James DeGradp The applicant is requesting to operate a commercial wine production facility within an existing structure on the property. In addition to the 3600 sq ft wine production building, there will be an associatedevaporation/infiltration pond (47’ x 70’ with 90 cubic yards of volume) on an adjacent portion Of the parcel. The production facility is intended for bottling and shipping needs on a rental basis, with activities expected to be seasonal in both spring and fall. The site is located 34809 North Schumacher PR NE in Benton City. Section 16, Township 9 North, Range 27 East, W.M. CUP 2020-013 Applicant: The Pit Bull Pen (Trish Tricldt)The applicant wishes to operate a commercial dog keimel/dog rescue facility for up to 20 dogs, with associated outdoor improvementsnecessary for the operation of kennel and facilitation of

adoption events. The site is located at 22206 E. Kennedy Road Benton City, WA 99320 directly north of Interstate 82. NOTICE IS GIVEN that said the Benton County Hearings Examiner will hold an open record public hearing for the above stated applications on Monday, September 21, 2020 at 10:00 am.Due to the ongoing and unprecedented COVID-19 emergency, participation in this meeting will only be offered virtually. All concerned persons may virtually appear and present any support for or objection to an application or provide written testimony to the Hearings Examiner in care of the Planning Department on or before the date of the hearings. Written testimony may be submitted to: Benton County Planning Department PO Box 910 Prosser, WA 99350. Any information submitted to Benton County is subject to the public records disclosure laws for the State of Washington (RCW Chapter 42.17) and all other laws that may require the release of the documents to the public,To find information on virtual attendance options, including streaming video, Webex vidieo conferencing and telephone, please visit rvww.tinvurl.com/BCPublicNoticeIf you wish to provide comments on any of the actions before the Hearings Examiner, we ask that you please fill put pur online form (found athttps://tinvurl.com/testifvform) and submit your request to our office. You must submit a request form to participate for each hearing that you wish to attend. If you prefer to make the request by phone, please call our office at (509) 786­5612 and we can add you to the list for providing testimony, At the meeting the names of those wishing to testify Will be called out and at that time you will be able to present your comments/concems regarding the specific agenda item. We do ask that participants please limit background noise or mute their line to prevent any unnecessary interruption to the meeting.If you have questions regarding any of the land use proposals, listed or have questions about submitting comments or attending a virtual hearing, please contact the Planning Department at 509-786-5612 or visit our office at 102206 E. Wiser Parkway, Kennewick, WA 99338.

Dated this 3rd day of September 2020 SUSAN E. DRUMMOND Benton County Hearings Examiner Greg J. Wendt.Planning ManagerBenton County PlanningDepartmentPublished: Prosser Record- BulletinPublished: September 9,2020

Valley Publishing Co. P.O. Box 750 Prosser, WA 99350 (509)786-1711

InvoiceDate Invoice #

9/9/2020 5003BC

Bill To

Benton County Planning Dept. P.O. Box 910 Prosser, WA., 99350

Publishers OfProsser Record-Bulletin / The Grandview Herald

[email protected]

P.O. Number

Quantity Item Code Description Price Each Amount

Prosser Legals Notice of Open Record Hearings, September 21,2020. Published September 9, 2020. NET

355.50 355.50

Thanks for choosing your hometown newspaper!Total $355.50

Balance Due $355.50