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area review in accordance with KCC 17A and found a small wetland on the project <br />site. (Staff Report) <br />13. This proposal is consistent with the Kittitas County Subdivision Code Chapter 16.09 <br />for Performance Based Cluster Platting. (Staff Report) <br />14. All roads are required to meet all Kittitas County Road Standards as outlined in the <br />Marcy 21, 2006 memorandum issued by the Department of Public Works. As <br />conditioned, the proposal is consistent with the provisions of KCC Title 12. (Staff <br />Report) <br />15. The following agencies provided comments during the comment period: Department <br />of Ecology, Kittitas County Department of Public Works and Environmental Health. <br />These comments have been included as conditions of approval to address these <br />agency concerns. (Staff Report) <br />16. Public and agency comments that were received were considered by the Hearing <br />Examiner in rendering this Decision and forming Conditions of Approval. (Hearing <br />Examiner finding based on the record) <br />17. This Application was found to be Technically Complete as required by law. (Hearing <br />Examiner finding based on the record) <br />18. The entire Planning Staff file was admitted into the record at the public hearing. <br />(Public hearing record) <br />19. The Kittitas County Community Development Services recommended approval of <br />this permit, subject to the recommended conditions of approval. (Public hearing <br />record) <br />20. Public hearing after due legal notice was held on July 9, 2009. Appearing and <br />testifying on behalf of the applicant was Chad Bala of Terra Design Group., Mr. Bala <br />testified that he was an agent authorized to appear and testify on behalf of the <br />applicant. Mr. Bala clarified the staff report in that the water supply would be a <br />Group B well and that the septic would be a group septic system. He also stated that <br />a prior boundary dispute litigation had been resolved. He stated that the homeowners <br />association would own and control the open space. He testified that the applicant had <br />no objection to any of the proposed conditions of approval. (Open record public <br />hearing testimony) <br />21. No member of the public testified in favor of the project. (Hearing Examiner finding <br />based on the record) <br />P-06-06 <br />Marion Performance Based Cluster Plat <br />Page 3 of 10 <br />