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22. Admitted into the record were the following exhibits: <br />22.1 Exhibit 1, submitted by staff, is a letter received July 8, 2009, from Randy and <br />Teresa McFadden. <br />22.2 Exhibit 2, admitted into the record, is an aerial photograph with the parcel <br />outlined. <br />22.3 Exhibit 3, admitted into the record, were comments submitted by the <br />applicant. <br />22.4 Exhibit 4, admitted into the record, is an easement agreement dated June 17, <br />2009. <br />22.5 Exhibit 5, which was admitted into the record, were written comments from <br />Roger Olsen and Karen Watland. <br />(Open record public hearing record) <br />23. Testifying in opposition to the project was Roger Olsen. He testified consistent with <br />his written statements which were admitted into the record as Exhibit 5. His concerns <br />related to access roads, the water system, and the use of the open space. He also had <br />concern over cluster points for connectivity. He had questions regarding the project <br />meeting the criteria for "increased" recreation. The property already has existing <br />trails and a riding arena and did not feel that there would be any "increase" of <br />recreation. (Open record public hearing testimony) <br />24. Also testifying in opposition to the project was Larry Schiferl. His main concern was <br />the Kittitas Reclamation District lateral down the west side of the proposed road. It is <br />his understanding that this adjacent property would be developed and that the road <br />would connect with that new project. (Open record public hearing testimony) <br />25. At the end of the public testimony, the Hearing Examiner kept the record open until <br />July 16, 2009, and indicated that he would render his Recommended Decision on or <br />before July 30, 2009. (Open record public hearing) <br />26. On July 16, 2009, the applicant's representative submitted a 4 -page letter in response <br />to the comments contained in Exhibit 1. (Hearing Examiner finding based on the <br />record) <br />27. Performance based cluster plats are awarded density bonuses based upon satisfaction <br />of certain criteria. (Staff Report) <br />28. The project is entitled to 25 points because 25% of the land is placed into open space <br />for perpetuity. (Staff Report) <br />29. The project is entitled to 25 points by developing a Class B water system. (Staff <br />Report) <br />P-06-06 <br />Marion Performance Based Cluster Plat <br />Page 4 of 10 <br />