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HomeMy WebLinkAboutLPF-26-00001 Parke Creek Landing Exhibit A Hearing Examiner RecommendationEJTTITAS COUNTY LAND USE HEARING EXAMINER IN THE MATTER OF PD-24-00002 and LP-25-000024 Parke Creek Long Plat and PUD RECOMMENDED FINDINGS OF FACT, RECOMMENDED CONCLUSIONS OF LAW, RECOMMENDED DECISION AND RECOMMENDED CONDITIONS OF APPROVAL r on THIS MATTER having come on for hearing in ont of the Kittitas County evidence hereby submitsl earing the followingeRecomornended 24, 2025 the Hearing Examiner having taken Findings of Fact, Recommended Conclusions of Law, Recommended Decision and Recommended Conditions of Approval as follows: I. RECOMMENDED FINDINGS OF FACT i . Frank Ragland, authorized agent for Parke Creek submitted ltiple t it applications for a development. The qSdPeslude a Planned LniDeveloPmen(PUD), SEPA, Checklist and long plat (LP). 2. Location: one parcel, parcel 295134 located off lParke ts WA n Sectionoad oximately .5 miles 34 Township 18 Range 20� in of the intersection of Vantage Hwy, northeast o Kittitas County. 3. Total Property Size: 185.30 acres 4. Number of Lots: portion of one (1), 128.03 acres to be rezoned to a PUD and platted into 25 lots 5. Domestic Water: Proposed Group A Water System 6. Sewage Disposal: individual septic tanks and Portable Toilets. 7. Power/Electricity: Puget Sound Energy 8. Fire Protection: Fire District 2 9. Irrigation District: KRD 10. Site Characteristics: 10.1. North: Mostly sage land 10.2. South: irrigated agricultural lands and scattered home sites 10.3. East: Operating Engineers training facility 10.4. West: Irrigated agricultural lands and scattered home sites 10.5. Access: The site is accessed off Parke Creek Road. 10.6. Densi : current zoning of Rural Recreation lots through a minimum lot size of 5 at w 11 not exceed with 128 acres the property is capable o supporting underlying zoning. 11. ZONING AND DEVELOPMENT STANDARDS LP-25-000024 Parke Creek Long Plat and PUD Page I of 13 ximately .5 miles east of 11.1. The subject property is located off ParkeCreek Road A and s zoned Rural Recreation Per the intersection of Vantage Highway, northeast Kittitas County Code (KCC) 17.30.010, the purpose and intent of the Rural -Recreation zone is s or in to provide areas where residential adevelopment and intent in siting R-R zonesis density o promote recreation residential clusters. A primary go residential development associated with the many natural amenities found within Kittitas County. .010 Pur ose and intent: The applicant seeks os zone zone the PUD Ruralm the 11.2. KCC 17.36to Recreation zone to a PUD. Per Kittitas County 17.36.010, the pure provide for departures from strict �arnpanli nce demonstrate that suthe ch departures ds tlined in other will protect the public sections of this Title for projects interest and accomplish one or more of the following objectives: 11.2.1. To encourage more innovative design than is generally possible under conventional zoning and subdivision regulations; 11.2.2. To encourage more economical and efficient use of land, streets, and public services; amenities superior to conventional 11.2.3. To preserve and create usable open space and other developments; 11.2.4. To preserve important natural features of the land, including topography, natural vegetation, and views; 11.2.5. To encourage development of a variety of housing types and densities; 11.2.6. To encourage energy conservation, including the use of passive solar energy in project design and development to the extent possible; 11.2.7. To encourage development of areas or site characterized by special features of geography, topography, size, shape; and/or 11.2.8. To permit flexibility of design that will create desirable public and private open space; to vary the type, design and layout of buildings; and to utilize the potentials of individual sites and alternative energy services to the extent possible; 11.3. KCC 17.36.15 2 A lieabiii 11.3.1. Outside the Urban Growth Area (UGA) and Rural LAMIRDs: The provisions of this chapter can be used for ro prohibited on Resource sand Rural Lands nty �nexcept) acres in size, Ds are the Rural Working Use Designation. 11.3.2. Staff Res onse s in size, and is outside the ban Growth 11.3.2.1. The subject property is. A 8 acre Areas and Rural LAMIRD proposed, the project is consistent wrth this provision. 11.3.2.2. Uses proposed in the proposal include: 9 acres onal 11.3.2.3. 25 residential lots, may clude and a Offtiple-family lots on -Road Road Vehicle area. on approximately pproximately 613.73 Vehicle storage on 21.11 acres acres. 11.4. KCC 17.36.02 2 Allowed uses LP-25-000024 Parke Creek Long Plat and PUD Page 2 of 13 11.4.1. Under KCC 17.36.020(2), the allowed residential uses outside of an Urban Growth Area include: 11.4.1.1. Accessory dwelling unit; 11.4.1.2. Accessory living quarters; 11.4.1.3. Dwelling, single-family; 11.4.1.4. Dwelling, two-family; 11.4.1.5. Dwelling, multiple -family; 11.4.1.6. Special care dwelling; 11.4.1.7. Parks and playgrounds 11.4.2. Under 17.36.020(2)(b) the following uses are allowed provided they only serve the residential PUD: 11.4.2.1. Community buildings; 11.4.2.2. Indoor recreation facilities including athletic clubs, fitness centers, sports courts, swimming pools, and other similar uses; 11.4.2.3. Outdoor recreation facilities including swimming pools, sports courts or Similar uses; 11.4.2.4. Electrical vehicle infrastructure, pursuant to KCC Chapter 17.66; and 11.4.2.5. Recreation vehicle storage areas. 11.5. KCC 1736.025 2 Allowed Densi 11.5.1. Outside the Urban Growth Area he existing densitylwithlin t�heDbo��ries of thedensity of tproposed underlying zone combined with PUD shall not be exceeded by a PUD. 11.6. KCC 17.36.045 Review criteria 11.6.1. Preliminary development plan: The Hearing Examiner shall evaluate a planned unit development application and other evidence and testimony submitted into the record and shall issue a recommendation based on the following considerations and criteria: 11.6.1.1. Criteria applicable to all PUDs: 11.6.1.1.1. PUD complies with all amendment criteria in KCC Chapter 17.98; 11.6.1.1.2. PUD makes economic and efficient use of land, streets, and public services; 11.6.1.1.3. PUD preserves usable open space, important natural features, and other a amenities; I1.6.1.1.PUD provides site design features that reasonably mitigate off -site impacts; and 11.6.1.1.5. Public benefits of PUD outweigh the effect of the modification of underlying zoning standards. 11.6.1.2. Additional criteria applicable to PUDs on Rural Lands: LP-25-000024 Parke Crcck Long Plat and PUD Page 3 of 13 11.6.1.2.1. PUD is developed in a manner that maintains rural character; appropriate for 11.6.1.2.2. Non-residential uses within PUD are designed at a scale appro p rural area and intended to serve only the residents of the PUD; and 11.6.1.2.3. PUD provides appropriate transitions to surrounding properties and land uses. ards 11.6.1.2.4. All new structures shall ations for Developmentsy with the Forested ed Areas:Fined ire in: (1) "Fire Safety Cons (Northwest Interagency Hazard Severity Rating and Recommended Standards" (N Fire Prevention Group) Washington Department of Natural Resources Severity Type Rating System; (2) standards adopted by Kittitas County Fire Protection Cooperative - "Recommendations For Fire Safety and Prevention of Forest and Range Land in Kittitas County Including Rural, Commercial and Private Developments"; and/or (3) Urban Wildland Interface Code for structures outside a fire district. ard shall 11.6. L2.5. Final development plan: The Director shallevaluate the conand ditions ons posed approve final development plans for the PUD, provided on the preliminary PUD approval, if any, have been satisfied. (Ord. 2013-001, 2013) 11.7. Rea ing Examiner Recommended Findin with all of 17.36.045. A final development plan 1 l .7.I . As conditioned, the proposal is consistent shall be submitted in accordance with KCC 17.36. 11.8. KCC 16.12.010 Lon at review: The planning official shall be vested with the responsibility of processing long plat applications. The county shall review and consider the proposed subdivision regarding: 11.8.1. Its conformance with all county subdivision,and with law g, health and adopted by thse totationt of Washingto n , roads and bridges, and fire and life safety regulations 11.8.2. Its conformance to all standards and improvements required under this title. 11.8.3. Potential hazards created by flood potential, landslides, etc. 11.8.4. Provisions for all improvements and easements (roads, ditches, etc.) required by this title. 11.8.5. Access for all proposed lots or parcels byway of a dedicated road right-of-way or easement. 11.8.6. All other relevant facts which may determine whether the public interest will be served by approval of the proposed subdivision. 5, Adequate 11.8.7. Its compliance with Kittitas County unwith Kett Chapter County3 to develop anater autho Supply Determination or work voluntarily conservation easement, see section 16.08.061. 11 8 8 Hearin Examiner Recommended Finding 11.8.8.1. The proposal; 1) conforms to all county subdivision, zoning, health and sanitation, roads and bridges, and fire and life safety regulations and with laws adopted by the state of Washington, 2) conforms to all standards and improvements required under this title, 3) has no hazards created by flood potential, landslides, etc., 4) makes provisions for all improvements and easements, 5) outlines access for all proposed lots, 6) indicates no hindrance to the public interest, 7)complies with KCC 13.35 to determine adequate 000024 Parke Creek Long Plat and PUD Page 4 of 13 water supply. The Hearing Examiner finds that the proposed plat, as conditioned, is consistent with all applicable Washington State and Kittitas County codes. 12. ADMINISTRATIVE REVIEW 12.1. Notice of Application: ApplicaCommunons for a Planned la elopmelnt Development (CDS) on Decembera3, Plat were submitted to Kittitas County Community ponse to comments on August 21, 2025 2024 with updated application files submicomplete on January 21, 2025 (Index # 2). The (Index #s 1, and 10). The application was d 22,eemed com 2025 (Index # 5). A Notice of Application site was posted with a sign for Notice on January was mailed to all state and local agencies/da artments s located tend withinwith tfive hundred ( 00) feet of any ial interest in the project and required by SEPA, as well as to adjacent lan portion of the boundary of the proposal's tax parcel on January 23, 2025 (Index # 3.) and Notice ace to the Upper Kittitas County Tribud on Hold ne was oated cant the o respond to commenon was tland concerns on February 20, 2025 at the request of thepp raised during the comment period ( Index #8, 9). Notice of SEPAAction and the SEPA MI3NS was issued on September 24, 2025 (Index Al 1,12). A notice of Public Hearing was issued on November 13, 2025 (Index # 13, 14). Project application process and review was performed in conformance with the Kittitas County Project Permit Application Process (Title 15A). 13. COMPREHENSIVE PLAN 13.1. The Kittitas County Comp PA ensive s taloc tend oesignaff Parke Crtes the eek Road approxam tely five unit development with a plat, and a SE checklist miles east of Kittitas, with Rural Recreation acti �aties in d use these arteas. ThesKittitas e goals and policies wee established the following goals and policies to guide support the County Wide developed in response to identified needs within the county, and Planning Policies: 13.2. LU-G4: Maintain a flexible balance of land uses which will protect, preserve, and enhance the rural character, historical forest lands, agricultural industries, mineral lands, and high -quality environment. 13.3. Consistency Statement of the 13.3.1. The long plat will create thirty-six ORV Park will be located in the center of boundary parcel while parcel along the KRD preserving a 200 foot buffer for Parke of the Creek that ty.ws through the parcel, allowing continued open range use of the h are served sewer 13.4. Hpav Identify lands within areas d have otherpublic sery ces provided t themcentralized which are suitable for systems, paved streets, an higher density residential use, including multi -family and single family planned unit developments and clustered housing. 13.5. Consistency Statement 13.5.1. The planned unit development will utilize a residential centralizedgroupA water system and paved streets to support the higher density clustered 13.6. RR-G8: The County should strive to sustain and protect the westerly mountainous, recreational open space, and its easterly non -resource agricultural and rangeland activities. 13.6.1. Consistency Statement LP-25-000024 Parke Creek Long Plat and PUD Page 5of13 mate 13.6.2. The creation of Tract D around the Shrub Steppe and designated sire to protect the the;easterly non - resource 1 from the project promotes the applicants ag and rangeland activities. This measure will allow for he protection and conservation of those acres for open space. 13.6.3. RR G16: Allow for residential opportunity with rural character and a variety of densities outside UGAs without population expecting all urban services. 13.7. Consistency Statement i tots will be 13.7.1. Up to 25 single family and/or multiple -family �e rural character and meet the density on the er dentia 43.19 acres allowing the develop requirements of Title 17.30. 14. ENVIRONMENTAL REVIEW cates a e 2 fish 14.1. A critical area g through th performed middle of the parcel. The G S datGIS data a indicates priority habitat bearing) stream running thro g species on the property as well. The GIS data indicates a Critical Area Aquifer Recharge (CARA) for Group A Wellhead Protection Areas. SEPA Checklist was submitted with the application and an 1MNS was issued on September 24, 2025 15_ AGENCY AND PUBLIC COMMENTS 15.1. Applicable agencies, adjacent property owners, and interested parties have been given the opportunity to review this proposal. he f agencies and individuals commented on the application. All comments were included n 15.2. Kittitas Reclamation District 15.3. The proposal lies within the KRD service area, and a portion of the land does have KRD water rights assigned to hem. Park Creek will need to follows KBD's guidelines. 15.3.1. Applicant's response: Applicant will comply with requirements of KRD. 15.3.1.1. County Response: Staff the find provided the comments to the applicant and will review that KRD is a signature o plat. 15.4. Bonneville Power Administration 15.4.1. The proposal will not directly impact BPA facilities. BPA does not have any objections to the approval of this request at this time. 15.4.1.1. Applicant's response: Understood. 15.4.2. County Response: Staff provided the comments to the applicant. 15.5. Wasliin on De artment of Archeol and Historic Preservation 15.5.1. "Our statewide predictive model indicates that there is a moderate to high robabof he ility f encountering cultural resources within the proposed project area. Further, he scaleproposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because to the inadvertent discoveries often result in costly construction delays and damage resource. Therefore, we recommend a professional archaeological survey of the project area be conducted and a report rbe�� duced prior to ground for Cultural Resource Reporting activities. This report should meet DAHP's S LP-25-000024 Parke Creek Long Plat and PUD Page 6of13 15.5.2. Applicant Response: The applicant has a cultural resource study that was published by the previous owner of this property and has included it within the comments response package. ion has been conditioned to include an IDP and a 15.5.3. County Response: The SEPA Determinat cultural resource study 15.6. State of Washin Bon De t of Children. Youth. and Families 15.6.1. "We appreciate the opportunity to feedback �ldevelopment proposal. O ur facility focuses on delivering therapeutic andprovide care in an enironmenhat supports young peoples growth and rehabilitation. The addition of 37 homes aligns well with the mission, as positive interactions are essential for our youths successful reintegration into their communities across the state. ementS and impacts to wildlife. concernsme we have would be increased traffic, wastewatermanagement, 15.6.2, Applicant response: See applicant response to comments 15.6.3. County Response: Applicant has coordinated with DCYF to adjust the proposal for limited impacts to the facility and reduced the proposal to not include any of the shrub step environment. 15.7. Washiu on De artment of Health — office of Drinldn Water 15.7.1. "The development is envisioned for at least 37 homes, this meets the definition of both a project and a group A water system for this development. As a Group A public water, DOW ODW is the exclusive administrative authority. 15.7.2. Applicant Response: The applicant plans to construct a Group A water system for this development and will abide by DOHODW standards. 15.7.3. County Response: Staff provided the comments to the applicant. 15.8. Yakima Nation 15.8.1. "Yakama Nation requests a cultural resources for the full proposed project area in preparation for future residential or other construction, which should include a sub -surface testing component as ground breaking for when new construction is expected. and that during implementation that there be an inadvertent discovery plan or (IDP) in place to ensure compliance with all Section 106 and relevant cultural resource laws both federally and to the state of Washington." 15,8.2. Applicant Response: We have included a copy of the cultural resource survey previously conducted on the property by previous owners. 15.8.3. County Response: The SEPA Determination has been conditioned to include an IDP and a cultural resource study. 15.9. Kittitas Coun Fire Marshal 15.9.1. "Building construction occurring subsequent to this application shall be in accordance with the provisions of the county's building and fire codes. Additional specific requirements may be made at the time of building construction as a result of the permit review and approval process, 15.9.2. Fire apparatus access is required for this application. Provide fire apparatus access roads unobstructed vertical clearance of with an unobstructed width of not less than 20 feet, an riot less than 13.5 feet, with an all-weather driving surface and capable of supporting P he 00024 Parke Creek bong Plat and PUD Page 7 of 13 unposed loads of fire apparatus. Roads constructed in grades steeper than fifteen percent (15%) shall be constructed with Portland cement concrete with grooved surfacing. 15.9.3. This application is sited in the designated high fire hazard Wildland - Urban Interface zone. Additional setback, building construction, access, fire flow and addressing requirements will be applied at the time of building permit application. 15.9.4. No gate may be installed across a required fire department access road or driveway without first obtaining a permit from the fire marshal's office. Inspection and testing of the gate will be required." 15.9.5. Applicant Response: Understood. 15.9.6. County Response: Staff provided the comments to the applicant. 15.10. Kittitas County Public Works 15.10.1.Access: De artment of 15.10.1.1. Approved access permits shall be required from the Kittitas County p Public Works prior to creating any new driveway access or altering an existing access. 15.10.1.2. Crossing permits are required to cross Parke Creek prior to issuance of the access permit. 15.10.1.3. Maintenance of driveway approaches shall be the responsibility of the owner whose property they serve. The County will not maintain accesses. 15.10.1.4. Road easement may be required. 15.10.1.5. Road certification and road naming will be required. 15.10.1.6. Second access for nd north greysdevelgreys may be required with lot count exceeding 30 lots in 15.10.1.7. Any further subdivision See Kittitas County Road Standards,access may result in further access requirements. 15.10.1.8. In addition to the above -mentioned conditions, all applicable Kittitas County Road Standards apply to this proposal. Access is not guaranteed to any existing or created parcel on this application. 15. l 0.2.Engineering: 15.10.2.1. Except as exempted in KCC 14.05.060, no grading or filling upon a site involving more than one hundred (100) cubic yards shall be performed without grading permit from the County Engineer or Public Works designee An application for grading in excess of five hundred (500) cubic yards shall be accompanied by an engineered grading plan (KCC 14.05.080). 15.10.2.2. All road construction within the public or private right-of-way shall be designed by or under the direct supervision of a civil engineer, licensed to practice in the State of Washington. Please submit road plan and profile drawings along with any associated drainage reports for a formal Civil Review to Kittitas County Public Works. (KCC 12.04.020). 15.10.3.Survey LP-25-000024 Parke Creels Long Plat and PUD Page 8 of 13 15.10.3.1. All Plans prepared by a Lice s d Engineer Or Surveyor showing elevation elements must meet the requirements 15.10.4.Transportation Concurreney 15.10.4.1. A concurrency evaluation and determination shall be required for all development applications in which the proposed development is projected to have an impact upon the transportation corridor or intersection. Developments generating 41 or fewer daily trips are exempt from TIA and concurrency evaluation requirements. (KCC 12.04.02.020) 15.10.5.Flood 15.10.5.1. FEMA is in the process of conducting a floodplain study for Park Creek that includes this property. Preliminary modeling results are expected in the near future, as soon as 1-2 months. Public Works will provide preliminary data to the applicant as the information becomes available. The preliminary maps will be considered the best available information for all future development- 15.10.6.Water Mitigation/Metering 15.10.6.1. The following comments outline the requirements for legal availability of water and metering for the proposed new use: 15.10.6.2. The applicant must provide legal water availability for all new uses on the proposed lots of this project, which can be provided through a letter from a water purveyor stating that the purveyor has adequate water rights and will provide the necessary water for the new use. Prior to final plat approval and recording, the following conditions shall be met: 15.10.6.3. In accordance with KCC final plat 5.027, the applicant shall provide one of before the following documents P 15.10.6.4. A letter from a water purveyor waterstating for the new u purveyor has adequate water rights and will provide the necessary 15.10.6.5. An adequate water right for the proposed new use; or 15.10.6.6. A certificate of water budget neutrality from the Department of Ecology or other adequate interest in water rights from a water bank. 15.10.6.7. All applicants for land divisions shall also submit information on "proximate parcels" held in "common ownership" as those terms are defined in WAC 173-539A- 030 and otherwise demonstrate how the proposed new use will not violate RCW 90.44.050 as currently existing or hereafter amended. Failure to obtain mitigation before commencement of an activity requiring mitigation shall be a code violation subject to enforcement under Title 18 KCC. 15.10.7.Final Plat Notes: 15.10.7.1. The following notes shall be placed on the face of the plat: 15.10.7.2. Metering is required for all new uses of domestic water for residential well connections and usage must be recorded in a manner consistent with Kittitas County Code Chapter 13.35.027 and Ecology regulations." LP-25-000024 Parke Creek Long Plat and PUD Page 9 of 13 ion of land provides no ntee t use of water under 15.10.7.3. The approval of this divisRCW 90.44.050) for this Platt Or anyaportion thereof will the ground water exemption not be subject to curtailment by the Department of Ecology or a court of law." 15.10.8.Applicant Response: Understood. 15.10.9.County Response: The SEPA Determination has been conditioned to meet the requirements of Kittitas County Public Works. 15.11. Public Comments ived included cs 15.11.1.Public comments are shown Exonoaisrece concerns: traffic, ofroad vehicle usage on roadspollution and encroachments into wildlife areas. 16. In review of this proposal, it is important to �dent wed environmental concerns andsals and policies of the comprehensive tate applicable county code, public and agency comments, ny and federal requirements. Identified below is the Hearing Examiner's analysis and consistency review for the subject application. 17. Consistent with the Com rehensive Plan: 17.1. The proposal is consistent with the goals and policies of the Kittitas County Comprehensive Plan. As referenced above in Section V of this staff report, the following Comprehensive Plan policies apply to this proposal: LU-G4, RR-G8, RR-G16. 17.2, Consistent with the rovisions of KCC 17A Critical Areas: 17.2.1. A critical area review was performed by staff, and GIS data indicates a Type 2 (fish bearing) stream running through the middle of the parcel. The GIS data indicates priority habitat species on the property as well. The GIS data indicates a Critical Area Aquifer Recharge (CARA) for Group A Wellhead Protection Areas. SEPA Checklist was submitted with the application and an NMNS was issued on September 24, 2025 17.3. Consistency with the rovisions of KCC 16.12.010 Prelimina r Plat Review: 17.3.1. This proposal, as conditioned, is consistent with the Kittitas County gat Review requirements. The proposal; 1) conforms to all county subdivision, zoning, health and sanitation, roads and bridges, and fire and life safety regulations and with laws adopted by ) the state of Washington, 2 conforms to all standards and improvements required under this title, 3) has no hazards created by flood potential, landslides, etc., 4) makes provisions for all improvements and easements, 5) outlines access for both proposed lots, 6) indicates no hindrance to the public interest, and 7) complies with KCC 13.35 to determine adequate water supply. 17.4. Consistency with the provisions of KCC Title 12. Roads and Bridges. 17.4.1. As conditioned, the proposal must be consistent with the provisions of KCC Title 12. 17.5. Consistent with the rovisions of KCC Title 14. Buildin s and Construction: 17.5.1. As conditioned, the proposal must be consistent with the provisions of KCC Title 14. 17.6. Consistency with the rovisions of KCC Title 8 Health Welfare and Sanitation: 17.6.1. As conditioned, the proposal must be consistent with the provisions of KCC Title S. 17.7. Consistency with the provisions of KCC Title 13. Water and Sewers: LP-25-000024 Parke Creels Long Plat and PUD Page 10 of 13 17.7.1. As conditioned, the proposal must be consistent with the provisions of KCC Title 13. 17.8. Consistency with the rovisions of KCC 17.30 R R — Rural Recreation Zone: 17.8.1. This proposal is consistent with the Kittitas County Zoning Code for the R-R — Rural Receation Zoning designation. 17.9. Consistent • with the rovisio is of KCC 17 Zonin 17.9.1. The proposal is consistent with KCC Title 17. The entirety of the revised proposal falls within the current Rural Recreation Zoning District. The Rural Recreation zoning district requires a 5-acre minimum lot size (KCC 17.30.040). The proposed development includes smaller lot sizes but does not exceed the overall allowable density for the property. KCC 17.36 allows limited departures from underlying minimum lot sizes upon successful application for a rezone to a PUD, provided that the underlying zoning density is respected. The proposal calls for 25 single family and/or multi -family lots, on 83 acres in the lower portion of the development. ons of KCC 17.35 Planned Unit Development 17.10. Consistency with rovisi 17.10.1.This proposal is consistent with the Kittitas County Zoning Code for the Planned Unit Development Zoning designation. 18. An open record public hearing was held, after legal notice, on November 24, 2025. le testifie 19. Appearing and testifying on behalf of the and speaicant was Laura k owner Appl c ant t She thashe was an agent authorized to appear Peakon behalf of the property testified that she had reviewed and had no objection to either the representations in the staff report or proposed conditions of approval. She offered further testimony consistent with the application materials. In response to a Hearing Examiner question, she stated that the off -road recreational vehicle park would be open from 8:00am to 8:OOpm seven days a week. She stated that when the park was closed, access to the park would be prohibited by fences, gates and security cameras. She indicated that lighting is also onsite that is motion activated. 20. Testifying from the public was Cheri Byers. 20.1. Ms. Byers testified that she lives directly south of the project area. She had concerns about traffic impacts on the county roads indicating that the road is not striped for two lanes and has no shoulders. She stated that it is used by bikers and walkers. 21. In response, Ms. Hinkle indicated that if approved, they would perform a traffic concurrency study and submit that to the county. 22. The following exhibits were admitted into the record: 22.1. Ex 1 PD-24-00002 Parke Creek - Application 22.2. Ex 2 Deemed Complete 223. Ex 3 Notice of Application 22.4. -Ex 4 Legal Notice 22.5. Ex 5 Affidavit of Posting 22.6. Ex 6 Transmittal of Comments 22.7. Ex 7 Comments 22.8. Ex 8 Request to Place Application on Hold 22.9. Ex 9 Application on Hold 22.10. Ex 10 Response to Comments and Revised Application 22.11. Ex 11 Notice of SEPA Action LP-25-000024 Parke Creek Long Plat and PUD Page 11 of 13 22.12. Ex 12 Mitigated Determination of Non -significance 22.13. Ex 13 Legal Notice of Hearing 22.14. Ex 14 Notice of Public Hearing 22.15. Ex 15 Staff Report 23. The Kittitas County Hearing Examiner considered all evidence within the record in rendering this decision. ctly a Finding of Fact is hereby incorporated as such by this 24. Any Conclusion of Law that is more corre reference. H. RECOMMENDED CONCLUSIONS OF LAW 1. The Kittitas County Hearing Examiner has been granted the authority to render this decision. 2. As conditioned, the planned development rezone is consistent with the Kittitas County Comprehensive Plan and Zoning Code. 3. As conditioned, the Long Plat is consistent with the Kittitas County Comprehensive Plan and Zoning Code. 4. As conditioned, this proposal is consistent with applicable federal and state laws and regulations. 5. Public use and interest will be served by approval of this proposal. 6. As conditioned, the proposal is code 15 Environmental, Title 12 Roads and Bridges, and Title 20 Fire sistent with Kittitas county Code Title 16 Subdivision, Title 17 Zoning, Title 17A Critical Areas, Ti & Life Safety. 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Findings of Fact and Conclusions 'he foliowfig ConditionsPD-24- of 02 and Approv iP-25-00004, is hereby recommended to be APPROVED subject IV. RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant shall submit to Kittitas County a final PUD development plan in accordance with KCC 17.36. 2. All development shall conform substantially to the application and accompanying materials submitted on August 21, 2025. 3. Applicant shall comply with the mitigation measures outlined in SEPA Determination SE-24-0001 issued on September 24, 2025. 4. Applicant shall meet all state and federal regulations. THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK LP-25-000024 Parke Creek Long Plat and PUD Page 12 of 13 Dated this day of December, 2025 KITTITAS COUNTY HEARING EXAMINER Andr Kottkamp This Decision is subject to appeal pursuant to the Kittitas County Code and the Revised Code of Washington. LP-25-000024 Parke Creek Long Plat and PUD Page 13 of 13