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<br /> 2 <br />WHEREAS, an open record public hearing was held by the Board of County Commissioners on <br />May 17, 2016 to consider the any public comments and staff recommendation on this matter; <br />and, <br /> <br />WHEREAS, the Kittitas County Board of Commissioners make the following FINDINGS OF FACT <br />and CONCLUSIONS AT LAW concerning said proposed conditional use permit: <br /> <br /> <br />1. The Applicant provided Kittitas County a complete application for the Palomino Fields <br />preliminary plat June 28, 2007. After studies on the impacts of the proposed project <br />were reviewed in conjunction with the environmental checklist, Kittitas County <br />Community Development Services issued a SEPA Mitigated Determination of Non- <br />significance (MDNS) on September 8, 2008. <br /> <br />2. The Kittitas County Hearing Examiner held public hearing on October 9, 2008 and <br />recommended approval for the Palomino Fields preliminary plat with conditions on <br />October 21, 2008. The Kittitas County Board of County Commissioners (BOCC) <br />passed Resolution 2008-160 on November 18, 2008 approving the Palomino Fields plat <br />and adopting the Hearing Examiner’s recommendations. <br /> <br />3. A Development Agreement application proposing to divide the property into five (5) <br />phases for final platting was submitted on October 6, 2015 and deemed complete on <br />November 2, 2015. <br /> <br />4. A Notice of Application was issued and published in the Daily Record newspaper on <br />March 29, 2016 and written comments to be received until April 28, 2016. This notice <br />was mailed to jurisdictional government agencies, adjacent property owners and other <br />interested parties. <br /> <br />5. Comments were received during the comment period from the Department of Ecology, <br />Kittitas County Health, Washington Department of Fish and Wildlife and from a <br />neighboring property owner. All comments were considered and are provided on file <br />for review. Three of the four comments related to the project approved in 2008 and <br />only one, from the Department of Fish and Wildlife, provide comment to the proposed <br />phasing of the approved plat. <br /> <br />6. Based upon review of the submitted application materials and information provided <br />from the approved plat application, a Determination of Non-Significance (DNS) <br />regarding the proposed Development Agreement for phasing of the plat was issued on <br />April 28, 2016. The appeal period on the threshold determination ended on May 12, <br />2016. No appeal was filed. <br /> <br />7. After proper notification, the Board of County Commissioners held an open record <br />public hearing on May 17, 2016 for proposal DA-2016-00001, the Development