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<br /> <br />3 <br /> <br />file. <br /> <br />VII. RECOMMENDATION <br /> <br />As conditioned below, staff finds that the application is not detrimental to the general public health, safety or <br />welfare and meets the basic intent and criteria associated with Title 12, Title 14.04, Title 17.40, Title 17.60A, & <br />Title 17A of the Kittitas County Code and the Kittitas County Comprehensive Plan. Staff recommends approval <br />of the proposed Development Agreement for final platting, subject to the following findings of fact and <br />conditions: <br /> <br />Staff Findings of Fact <br /> <br /> <br />1. A Development Agreement application was submitted to Kittitas County Community Development <br />Services department on October 6, 2015. After additional information was provided, this application was <br />deemed complete on November 2, 2015.This proposal is to phase an approved preliminary plat into five <br />separate phases which will not affect the total environmental impact of the plat. <br /> <br />2. The Notice of Application for the Development Agreement was issued on March 29, 2016. This notice <br />was published in the official county paper of record and was mailed to jurisdictional government <br />agencies, adjacent property owners and other interested parties. The last day to submit written comments <br />was on April 28, 2016. No comments were received. <br /> <br />3. There are no changes to the plat within the Development Agreement proposal that was proposed and <br />approved in 2008. <br /> <br />4. The site is located adjacent the Ellensburg Urban Growth Boundary which has generated concern from <br />the City officials and employees as indicated in comments received. It is not currently zoned to allow for <br />such development intensity but was approved when the property was zoned to allow for a greater density <br />than is now permitted. <br /> <br />5. The subject property is zoned “Agriculture 5,” which allows single family housing and has no prohibition <br />of Development Agreement activity. <br /> <br />6. Correspondence following the Notice of Application was received during the 30-day comment period for <br />the development agreement application. Four comments were received. Three of the comments relate to <br />the project as originally proposed. One comment received is from Washington State Department of Fish <br />and Wildlife regarding the potential impact of the phasing impact, and request is made that certain <br />conditions of the plat be implemented during the first phase of the plat. <br /> <br />7. Based upon review of the submitted application materials including an environmental checklist prepared <br />for the approved Palomino Fields preliminary plat, and because the phasing proposal does not impact the <br />approved plat, a Determination of Non-significance (DNS) threshold determination was issued on April <br />28, 2016. The appeal period ended on May 12, 2016 at 5:00 p.m. No appeals were filed. <br /> <br />Staff Conclusions: <br /> <br />1. The development agreement does not interfere with achievement of the goals, policies and <br />implementation recommendations as set forth in the Kittitas County Comprehensive Plan and Kittitas <br />County regulations. <br /> <br />2. This proposal is consistent with applicable federal and state laws and regulations.