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30. The project is entitled to 25 points by creating wider easements than are required for <br />multi -modal transportation. (Staff Report) <br />31. The project is entitled to 10 points by developing a community septic system. (Staff <br />Report) <br />32. The applicant is entitled to 10 points by providing active recreation via trail system <br />within the open space in the nature of horse riding facilities. (Staff Report) <br />33. The applicant is entitled to 10 points by providing passive recreation as a result of <br />development within a location on the trail system for picnicking, bird watching and <br />other sightseeing activities within the wooded area within the open space. These <br />facilities will be open for the residents of the development. (Staff Report) <br />34. The applicant is entitled to 105 points resulting in 100% bonus density. (Staff <br />Report) <br />35. The proposal is appropriate in design, character and appearance with the goals and <br />policies for the land use designation in which the proposed use is located. (Hearing <br />Examiner finding based on the record) <br />36. The proposed use will not cause significant adverse impacts on the human or natural <br />environments that cannot be mitigated by conditions of approval. (Hearing Examiner <br />finding based on the record) <br />37. The proposal will be served by adequate facilities including access, fire protection, <br />water, storm water control, and sewage disposal facilities. (Hearing Examiner finding <br />based on the record) <br />38. Any Conclusion of Law that is more correctly a Finding of Fact is hereby <br />incorporated as such by this reference. (Hearing Examiner finding based on the <br />record) <br />II. RECOMMENDED CONCLUSIONS OF LAW <br />The Hearing Examiner has been granted authority to render this recommended <br />decision. <br />2. As conditioned, the development meets the goals, policies and implementation <br />recommendations as set forth in the Kittitas County Comprehensive Plan. <br />P-06-06 <br />Marion Performance Based Cluster Plat <br />Page 5 of 10 <br />