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HomeMy WebLinkAbout10/06/2026 08.A. Closed record public hearing and Resolution - Hearing Examiner's recommendation re the preliminary plat of"The Orchards" r 'V ii _�ii •• i i t, gin.;—* _1a _- '^ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.A. For Meeting of: October 6, 2026 ITEM TITLE: Closed record public hearing and Resolution to consider the Hearing Examiner's recommendation regarding the preliminary plat of"The Orchards," located at 2206 S. 96th Ave. & 9905 Occidental Rd. SUBMITTED BY: Trevor Martin, Planning Manager *Eric Crowell, Senior Planner SUMMARY EXPLANATION: This is a preliminary long plat submitted by HLA Engineering and Land Surveying, Inc. to subdivide approximately 33.99 acres located at 2206 S. 96th Ave. and 9905 Occidental Rd. into 135 single-family residential lots over 5 phases. The site is located in the Single-Family Residential (R-1) zoning district. The City of Yakima Hearing Examiner held an open record public hearing on July 9 and July 16, 2026, and issued his recommendation on July 30, 2026. The complete record was distributed to City Council in the agenda packet on September 15, 2026, and can be found online at: www.yakimawa.gov/council/agendas-and-minutes/ ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_preliminary plat of The Orchards_PLP#002-26 Exhibit A- Hearing Examiner Recommendation PresentationCC_100626_PLP-002-26.pptx 225 RESOLUTION NO. R-2026- A RESOLUTION approving the Preliminary Long Plat of The Orchards, a 135-lot subdivision, located at 2206 S. 96th Ave. and 9905 Occidental Rd. WHEREAS, on July 9, 2026 and continued to July 16, 2026, the City of Yakima Hearing Examiner("Hearing Examiner") held an open-record public hearing to consider the application for a Preliminary Long Plat known as "The Orchards," submitted by HLA Engineering and Land Surveying, Inc. (PLP#002-26); and WHEREAS, on July 30, 2026, the Hearing Examiner issued his Written Recommendation for approval of the proposed plat, subject to conditions; and WHEREAS, the proposed application conforms to the City of Yakima Zoning Ordinance, Subdivision Ordinance, Development Standards Ordinance, Traffic Concurrency Ordinance, and other applicable land use regulations; and WHEREAS, at a Closed Record Public Hearing on October 6, 2026, after notice duly given according to the requirements of the Yakima Municipal Code, the Yakima City Council adopted the Hearing Examiner's Recommendation; and WHEREAS, the City of Yakima has complied with the substantive, procedural, and notice requirements associated with SEPA, the Growth Management Act, and the Yakima Municipal Code for the purpose of reviewing the application; and WHEREAS, the Yakima City Council finds that it is in the best interest of the City of Yakima to pass the following; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Incorporation of Recitals. The above recitals are hereby incorporated into this resolution. Section 2. Incorporation of the Hearing Examiner's Recommendation and Conditions of Approval. The Hearing Examiner's Recommendation is hereby adopted and ratified by the Yakima City Council as its conditional decision and approval of the Application herein. A copy of the Recommendation is attached hereto as Exhibit "A" and fully incorporated herein by this reference. Section 3. Findings. The Yakima City Council adopts the findings of the Hearing Examiner as its own findings herein, and further finds that the requirements of RCW§ 58.17.110 have been met. Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 226 ADOPTED BY THE CITY COUNCIL this 6th day of October, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 227 Exhibit A .,,ii p0% Y COMMUNITY DEVELOPMENT DEPARTMENT i"i{ ^--1,4rIlkT 'a,+ Bill Preston,P.E.,Director ,,, • ` Trevor Martin,AICP,Manager LJ �' Planning Division 129 North Second Street,2nd Floor Yakima, Washington 98901 'fi",,°'°°,,,,,,,,� t Phone(509)575-6183 • Fax(509)575-6105 • Email:ask.planning@yakimawa.gov NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: August 3, 2026 TO: Applicant, Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Hearing Examiner's Recommendation FILE #(S): PLP#002-26, SEPA#004-26 APPLICANT: HLA Engineering & Land Surveying on behalf of Apple Tree Construction Company LLC PROJECT LOCATION: 2206 S. 96th Ave. & 9905 Occidental Rd. On July 30, 2026, the City of Yakima Hearing Examiner issued their recommendation for PLP#002-26, and SEPA#004-26, a preliminary long plat to subdivide two parcels and create 135 single-family lots, to be developed over 5 phases with approximately 27 lots developed per phase in the R-1 zoning district. This application was reviewed during an open record public hearing held on July 9, 2026, and continued to July 16, 2026. Enclosed is a copy of the Hearing Examiner's Recommendation. The recommendation will be considered by the Yakima City Council at a public hearing, which will be scheduled at a later date. The City Clerk's Office will notify you of the date, time, and location of the hearing. If you have any questions or need further assistance, please contact the assigned planner, Eric Crowell, Senior Planner, at (509) 576-6736, or e-mail to c•rice.crowcllo,yakiwawa.guv. % Eva Rivera Planning Technician Date of Mailing: August 3, 2026 Enclosures: Hearing Examiner's Recommendation Yakima n4 2015 1994 229 CITY OF YAKIMA, WASHINGTON HEARING EXAMINER'S RECOMMENDATION July 30, 2026 In the Matter of an Application of: ) ) Apple Tree Construction Company, LLC ) PLP#002-26 ) SEPA#004-26 For a 135-Lot Single-Family Residential ) Preliminary Plat on 33.99 Acres at 2206 ) South 96th Avenue & 9905 Occidental ) Road in the R-1 Zoning District to be ) Known as the "Plat of the Orchards" ) A. Introduction. The preliminary findings relative to the hearing process for this matter are as follows: (1) The hearing Examiner conducted an open record public hearing for this preliminary plat application which began on July 9, 2026. (2) The Planning Division staff report which recommended approval of this preliminary plat subject to enumerated conditions was presented by Senior Planner Eric Crowell. (3) The applicant's representative for this matter, Mike Heit of HLA Engineering and Land Surveying, Inc., presented testimony in favor of approval of the preliminary plat. (4) Written comments were submitted prior to the hearing and testimony was presented during the hearing by residents living in the area who mainly detailed concerns about existing traffic on Coolidge and Occidental Roads and about potential future traffic impacts of the proposal on those roads. Due to those concerns and the fact that Mr. Heit objected to the recommended condition requiring the applicant to submit a Traffic Impact Analysis (TIA) prior to the issuance of a Transportation Concurrency Apple Tree Construction Company, LLC 1 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL r 0 2026 CITY OF YAYt NIA PLANNING DIV, 230 Ordinance (TCO) determination by Engineering and due to the lack of that determination in the present record, the Hearing Examiner continued the hearing for one week for submission of a report or other evidence as to whether Engineering still requires a TIA to be submitted prior to issuance of the TCO required by the City's Transportation Capacity Management Ordinance set forth in YMC Chapter 12.08. (5) At the continued hearing on July 16, 2026, Mr. Crowell read into the record an agreement between the City Engineer and the applicant regarding the TCO and TIA issues which was also explained in greater detail by Mr. Heit and City Engineer Robert Washabaugh, P.E. during the hearing. Additional testimony was presented by residents of the area who asked questions that were answered by Mr. Heit and Mr. Washabaugh before the hearing and the record were closed. (6) This Recommendation has been issued and delivered to the Planning Division within 10 business days of the public hearing. B. Summary of Recommendation. The Hearing Examiner recommends approval of this proposed 135-lot preliminary plat to be known as "Plat of the Orchards" subject to conditions. C. Basis for Recommendation. Based on a view of the site and surrounding area with no one else present on July 3, 2026; the staff report, the exhibits including the written comments, and the testimony presented at the open record public hearing beginning on July 9, 2026, and concluding on July 16, 2026; and a consideration of the development standards, subdivision ordinance requirements, zoning ordinance require- ments and consistency criteria; the Hearing Examiner makes the following: FINDINGS I. Applicant, Property Owner and Representative. The applicant/property owner is Apple Tree Construction Company, LLC, 2550 Borton Road, Yakima, WA 98903. Apple Tree Construction Company, LLC 2 "Plat of the Orchards" Preliminary Plat ���,�� 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CITY LIF YAKIMA 231 PLANNING DIV. The representative for the applicant/property owner who testified at the public hearing is Mike Heit of HLA Engineering and Land Surveying, Inc., 2803 River Road, Yakima, WA 98902. II. Location. The location of the proposed preliminary plat is on the north side of Occidental Road at 9905 Occidental Road and west of South 96th Avenue at 2206 South 96th Avenue. The Yakima County Assessor's Parcel Numbers for the 33.99 acres in the proposed preliminary plat are 171336-44411 and 171336-44402. III. Application. This application for a 135-lot preliminary plat on 33.99 acres for construction of 135 single-family dwellings in the Single-Family Residential (R-1) zoning district to be developed in five phases of approximately 27 lots each was received on April 2, 2026, and deemed complete for processing on April 30, 2026. The preliminary plat application and the related State Environmental Policy Act application are being processed under Yakima Municipal Code (YMC) Chapter 14.20 for Subdivisions and Chapter 6.88 for SEPA Review. IV. Jurisdiction. YMC §1.43.080 and §14.20.100 provide that the Hearing Examiner shall hold a public hearing and submit a recommendation to the City Council regarding preliminary plats which shall include findings and conclusions based on the record relative to the subdivision criteria that are set forth in YMC §14.20.100(A) and in RCW Chapter 58.17. V. Notices. Notice of the public hearing for this preliminary plat application (PLP#002-26) and this State Environmental Policy Act application (SEPA#004-26) was Apple Tree Construction Company, LLC 3 "Plat of the Orchards"Preliminary Plat RECEIVED 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CITY OF YAKIM PLANNING DIV. 232 provided by posting a Land Use Action Sign on the property on May 1, 2026; by publishing said Notice in the Yakima Herald-Republic on June 16, 2026; and by mailing said Notice to the applicant, SEPA agencies and adjoining property owners within 300 feet of the property also on June 16, 2026. VI. Comprehensive Plan. The proposed preliminary plat is located within the Low Density Residential Comprehensive Plan designation which primarily provides areas for single-family residences. Comprehensive Plan Policy 2.3.1 is to provide for a wide variety of housing types within the city to meet the full range of housing needs for Yakima's evolving population. VII. Zoning and Land Use. The proposed preliminary plat is located within the Single-Family Residential (R-1) zoning district and on property that is currently vacant except for one residential structure that will be removed. All of the surrounding property is also in the R-1 zoning district. Single-family residential uses are adjacent to the east. There are both agricultural and residential uses in all other directions. The main purpose of the R-1 zoning district set forth in YMC §15.03.020(B) is to establish and preserve residential neighborhoods for detached single-family dwellings. VIII. Environmental Review. This preliminary plat application is subject to review under the State Environmental Policy Act (SEPA) which resulted in the issuance of a SEPA Determination of Nonsignificance (DNS) by the City's SEPA Responsible Official on June 16, 2026, which was not appealed. Apple Tree Construction Company, LLC 4 RECEIVED "Plat of the Orchards"Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. JUL 3 0 2026 PLP#002-26 and SEPA#004-26 CITY OF YAKIMA PLANNING D V 233 IX. Transportation Concurrency Ordinance. The applicant applied for Transportation Concurrency Ordinance review on April 2, 2026. In addition to the interior streets and half-street frontage improvements along Occidental Road that will comply with all City requirements, the City Engineer has determined, with the applicant's agreement, (i) that the applicant will remove the turn lane on South 96th Avenue north of the entrance to the subdivision and replace it with a centerline stripe; (ii) that the applicant will submit a Traffic Memo outlining existing traffic volumes and turning movements for review by Engineering prior to approval of Phase 1 construction plans which will be the basis for determining whether a Traffic Impact Analysis (TIA) will be required to be submitted for review prior to approval of Phase 2 construction plans; and (iii) that any improvements required as a result of the Traffic Memo or TIA will be additional conditions of the preliminary plat. X. Development Services Team. The following comments were submitted as a result of the Development Services Team technical review on May 5, 2026: (1) Code Administration: The following addresses shall be utilized for the created lots: Lot 1 2621 S. 101st Ave. Lot 72 2324 S. 98th Ave./ Lot 2 2623 S. 101st Ave./ 3213 Bourse Ln. l 3223 Bourse Ln. Lot 73 2322 S. 98th Ave. Lot 3 2123 S. 97th Ave. Lot 74 2320 S. 98th Ave. Lot 4 3204 Bourse Ln. Lot 75 2318 S. 98th Ave. Lot 5 3206 Bourse Ln. Lot 76 2316 S. 98th Ave. Lot 6 3208 Bourse Ln. Lot 77 2314 S. 98th Ave. Lot 7 3210 Bourse Ln. Lot 78 2312 S. 98th Ave. Lot 8 3212 Bourse Ln. Lot 79 2310 S. 98th Ave. Lot 9 3214 Bourse Ln. Lot 80 2308 S. 98th Ave. Lot 10 3216 Bourse Ln. Lot 81 2306 S. 98th Ave. Lot 11 3218 Bourse Ln. Lot 82 C 2304 S. 98th Ave./ Apple Tree Construction Company, LLC 5 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. &9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 gin - CITY Ut YAllh W PLANNING DM 234 Lot 12 3220 Bourse Ln, 1 3108 Anchor Root Rd. Lot 13 3222 Bourse Ln._ Lot 83 2403 S. 99th Ave./ Lot 14 3224 Bourse Ln. 3110 Anchor Root Rd. Lot 15 3226 Bourse Ln. Lot 84 2405 S. 99th Ave. Lot 16 2624 S. 101st Ave. Lot 85 2407 S. 99th Ave. Lot 17 2622 S. 101st Ave. Lot 86 2409 S. 99th Ave. Lot 18 2620 S. 101st Ave. Lot 87 2411 S. 99th Ave. Lot 19 2618 S. 101st Ave. Lot 88 2413 S. 99th Ave. Lot 20 2616 S. 101st Ave. Lot 89 2415 S. 99th Ave. Lot 21 2614 S. 101st Ave. Lot 90 2417 S. 99th Ave. Lot 22 2612 S. l0lst Ave. Lot 91 2419 S. 99th Ave. Lot 23 2610 S. 101st Ave. Lot 92 2421 S. 99th Ave, I Lot 24 2608 S. 101 st Ave. Lot 93 2423 S. 99th Ave./ Lot 25 2606 S. 101st Ave. _ 3215 Bourse Ln. Lot 26 2604 S. 101st Ave./ Lot 94 2424 S.99th Ave./ 3122 Anchor Root Rd. _ 3217 Bourse Ln. Lot 27 3123 Anchor Root Rd. Lot 95 2422 S. 99th Ave, Lot 28 3121 Anchor Root Rd. Lot 96 2420 S. 99th Ave. Lot 29 3119 Anchor Root Rd. Lot 97 2418 S. 99th Ave. Lot 30 3117 Anchor Root Rd. Lot 98 __2416 S. 99th Ave. Lot 31 3115 Anchor Root Rd. Lot 99 2414 S. 99th Ave. Lot 32 3113 Anchor Root Rd. Lot 100 2412 S. 99th Ave. Lot 33 3111 Anchor Root Rd. Lot 101 2410 S. 99th Ave. Lot 34 3109 Anchor Root Rd. Lot 102 2408 S. 99th Ave. _ Lot 35 3107 Anchor Root Rd. Lot 103 2406 S. 99th Ave. Lot 36 3105 Anchor Root Rd. Lot 104 2404 S. 99th Ave./ Lot 37 3103 Anchor Root Rd. [ 3112 Anchor Root Rd. Lot 38 3101 Anchor Root Rd. Lot 105 2503 S. 100th Ave./ Lot 39 2201 S. 97th Ave. 3114 Anchor Root Rd. Lot 40 2203 S. 97th Ave. Lot 106 2505 S. 100th Ave. Lot 41 2205 S. 97th Ave. Lot 107 2507 S. 100th Ave. Lot 42 2207 S. 97th Ave. Lot 108 2509 S. 100th Ave. Lot 43 2209 S. 97th Ave. Lot 109 2511 S. 100th Ave. Lot 44 2211 S. 97th Ave. Lot 110 2513 S. 100th Ave. Lot 45 2213 S. 97th Ave. Lot 111 2515 S. 100th Ave. Lot 46 _ 2215 S. 97th Ave. Lot 112 2517 S. 100th Ave. Lot 47 2217 S. 97th Ave. Lot 113 2519 S. 100th Ave. Lot 48 2219 S. 97th Ave. Lot 114 2521 S. 100th Ave. Apple Tree Construction Company, LLC 6 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. JUL 3 0 2026 PLP#002-26 and SEPA#004-26 CITY LW YAKIMAA PLANNING DIV. 235 1 Lot 49 2221 S. 97th Ave. Lot 115 2523 S. 100th Ave./ Lot 50 2224 S. 97th Ave./ 3219 Bourse Ln. 3207 Bourse Ln. Lot 116 2524 S. 100th Ave./ Lot 51 2222 S. 97th Ave. 3221 Bourse Ln. Lot 52 2220 S. 97th Ave. Lot 117 2522 S. 100th Ave. Lot 53 2218 S. 97th Ave. Lot 118 2520 S. 100th Ave. Lot 54 2216 S. 97th Ave. Lot 119 2518 S. 100th Ave. Lot 55 2214 S. 97th Ave. Lot 120 2516 S. 100th Ave. Lot 56 2212 S. 97th Ave. Lot 121 2514 S. 100th Ave. Lot 57 2210 S. 97th Ave. Lot 122 2512 S. 100th Ave. Lot 58 2208 S. 97th Ave. Lot 123 2510 S. 100th Ave. Lot 59 2206 S. 97th Ave. Lot 124 2508 S. 100th Ave. Lot 60 2204 S. 97th Ave./ Lot 125 2506 S. 100th Ave. 3104 Anchor Root Rd. Lot 126 2504 S. 100th Ave./ Lot 61 2303 S. 98th Ave./ 3116 Anchor Root Rd. 3106 Anchor Root Rd. Lot 127 2603 S. 101st Ave./ - Lot 62 2305 S. 98th Ave. 3118 Anchor Root Rd. Lot 63 2307 S. 98th Ave. Lot 128 2605 S. 101st Ave. Lot 64 2309 S. 98th Ave. Lot 129 2607 S. 101st Ave. I Lot 65 2311 S. 98th Ave. _ Lot 130 2609 S. 101st Ave, Lot 66 2313 S. 98th Ave. Lot 131 2611 S. 101st Ave. Lot 67 2315 S. 98th Ave. Lot 132 _ 2613 S. 101st Ave. Lot 68 2317 S. 98th Ave. Lot 133 2615 S. 101st Ave. _Lot 69 2319 S. 98th Ave. Lot 134 2617 S. 101st Ave. Lot 70 2321 S. 98th Ave. Lot 135 2619 S. l0lst Ave. Lot 71 2323 S 98th Ave./ 3209 Bourse Ln. (2) Engineering: This project proposes to subdivide two parcels and create 135 single-family lots, to be developed over 5 phases with approximately 27 lots on the property. The existing two parcels currently have an existing residential building, with no existing sidewalk along Occidental Rd. and has multiple driveway approaches. Right-of-way at this property on Occidental Rd. is about 70 feet, 10 feet above the City requirement of 60 feet for Collector Arterial roadways. The proposed development will cause increased pedestrian and vehicle traffic without adequate safety precautions for pedestrians and inadequate safe ingress and egress for vehicles. Current frontage infrastructure is not adequate enough to handle the proposed change in use to a new 135 Apple Tree Construction Company, LLC 7 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96t'' Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 ilk $3 0 2UL6 1.1iYUhYwKivli1 PLANNING DIV., 236 single-family lot subdivision. In order to alleviate the resulting impacts from the change in use proposal, the City is requiring the following improvements: (a) YMC 8.64 and 12.05 — New curb, gutter, ADA ramps and 7-foot sidewalks shall be constructed along Occidental Road per standard detail R5. New curb, gutter, ADA ramps and 5-foot sidewalks shall be constructed on all internal roadways inside development per standard detail R5. Street improvements shall conform to standard detail R3. Any existing curb, gutter and/or sidewalk along S. 96th Ave. frontage that is unfit or unsafe shall also be repaired/replaced. (b) YMC 8.64 and 15.06.065 — Residential driveway approaches are required which meets the requirements of this chapter and standard detail R4. Driveway width shall be a maximum of 20 feet. (c) YMC 8.64.070 (d) — Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway approach with a standard curb, gutter and sidewalk, to be constructed according to the city's general specifications. (d) YMC 15.06.065 (c) —No driveway access to an Arterial Street shall be located within 75 feet (measured along the Arterial) of any other such Arterial Street access on the same side of the street. (e) YMC 12.02 —Easements shall be established per this chapter. (f) YMC 12.06.080 — Street lighting — Street lights shall be installed per this chapter. (g) YMC 15.05.040 — Clear vision triangle shall be established and maintained per this chapter. (h) YMC 12.06.020 — Right-of-way - Occidental Rd. is classified as a Collector Arterial roadway, requiring a total of 60 feet of right-of-way (30 feet half width). Applicant shall determine adequate dedication of right of way for all new/proposed roads. (i) YMC 8.72 — An excavation and street break permit shall be obtained for all work within the public right-of-way. (j) An ENG permit is required for all civil work to be performed on site. Professional engineered civil plans with PE stamp shall be submitted for review Apple Tree Construction Company, LLC 8 nECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96t''Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL. 3 0 Z02b CI7 Y YAKIMA PLANNING DIV. 237 and approval. All improvements and shall be completed prior to Certificate of Occupancy. (3) Surface Water: For the long plat I have no comments. However, if any utility or infrastructure work is done then the applicant shall be required to get a Large Project Stormwater Permit, which includes a stormwater drainage report, stormwater pollution prevention plan, and a stormwater maintenance agreement if the streets are private (this is not required if the streets are public). (4) Traffic Engineering: Per the pre-DST meeting held on 12/16/2025, it was made known that a TIA (Traffic Impact Analysis) would be required of the proposed project. In order to provide a decision on TCO#001-26, Engineering will need the required TIA. (5) Wastewater: Sewer facilities shall be installed per YMC Titles 7 and 12 to facilitate public sewer services for each lot created. (6) Nob Hill Water Association: Sufficient domestic water facilities are in the area to serve this development. Water main extension and improvements are to be done by Nob I-Till Water, at the developer's expense. Standard Nob I-Iill Water development policies apply. Please contact Nob Hill Water for more information. (7) Washington State Department of Archaeology and Historic Preser- vation: Thank you for contacting the Washington State Historic Preservation Officer (SHPO) and Department of Archaeology and Historic Preservation (DAHP) and providing documentation regarding the above referenced project. As a result of our review, our professional opinion is that the project area has the potential to contain archaeological resources. The project is in an area determined to be at High- risk of containing archaeology according to the DAHP risk assessment model. The scale of the proposed ground disturbing actions would destroy any archaeological resources present. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we recommend a professional archaeological survey with testing of the project area be conducted prior to ground disturbing activities. We also recommend continuing consultation with the Affected Tribes' cultural committees and staff regarding cultural resource issues. These comments are based on the information available at the time of this review and on behalf of the SHPO in conformance with Washington State law. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey-report. The survey report should be uploaded directly Apple Tree Construction Company, LLC 9 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. • PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CITY Of YAKIMA PLANNING DIV. 238 into the DAHP Online WISAARD system by the cultural resource consultant to expedite DAHP review. Please ensure that the DAHP Project Number (a.k.a. Project Tracking Code) is shared with any hired cultural resource consultants and is attached to any communications or submitted reports. Should you have any questions, please feel free to contact me. The applicant submitted the following written response to this public agency written comment: We appreciate DAHP's responsibility to protect Washington's archaeological resources and have carefully considered the recommendation that a professional archaeological survey with subsurface testing be completed prior to construction. The recommendation appears to be based primarily on the DAHP archaeological predictive model, which identifies the area as having a high potential for archaeological resources. While the predictive model is a valuable planning tool, it is regional in nature and does not account for extensive historical disturbance at individual sites. The project site has been in continuous commercial apple production for more than fifty (50) years. During that time, the property has been repeatedly subjected to intensive agricultural practices including orchard establishment, deep ripping, planting, tree removal and replacement, cultivation, irrigation System installation and maintenance, grading, and other routine farming operations. These activities have resulted in extensive and repeated disturbance of the upper soil profile across the project area. Because the site has functioned as an actively managed orchard for decades, it is unlikely that intact archaeological deposits remain within the depth of the proposed construction activities. The agricultural disturbance is substantially greater than would typically occur on undeveloped or previously undisturbed land and distinguishes this site from the generalized conditions represented by the predictive risk model. Importantly, DAHP's recommendation does not identify any recorded archaeo- logical sites, documented cultural resources, or previous discoveries within the project limits. Rather, the recommendation is based on the modeled potential for archaeological resources. While predictive modeling appropriately identifies areas for consideration, it does not by itself require archaeological investigations where documented site conditions demonstrate extensive historical ground disturbance. The developer remains committed to protecting cultural resources, and the construction contract will include an inadvertent discovery plan requiring immediate cessation of work, protection of the discovery area, and notification of DAHP, the appropriate Tribes, and other agencies if archaeological materials or human remains are encountered during construction. Given the extensive agricultural disturbance Apple Tree Construction Company, LLC 10 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. J 21�2� PLP#002-26 and SEPA#004-26 i;I1 Y UI- YAKiiViA PLANNING DIVG 239 associated with more than five decades of continuous orchard operations, the absence of known archaeological resources within the project area, and the implementation of inadvertent discovery procedures, we respectfully request that DAHP's recommended archaeological survey is not warranted for this project. (8) Washington State Department of Ecology: Historical aerial photos indicate your property was occupied by former orchard lands during the period when lead arsenate was applied as a pesticide, often resulting in shallow soil contamination from lead and/or arsenic. Ecology requires soil sampling due to an increased risk of exposure. Ecology can provide sampling services at no cost. If sampling shows lead and/or arsenic levels above state cleanup standards, Ecology requires cleanup. Additional information, including precautions you can take to reduce exposure, is available at Ecology's Dirt Alert website. Please contact Hector Casique, Project Manager, at 509-208-1288 or email Hector.Casiquega ecy.wa.gov for further information or to schedule your initial sampling. The applicant submitted the following written response to this public agency written comment: The applicant acknowledges Ecology's comments. The property has historically been utilized as orchard land. The applicant will continue to coordinate with Ecology regarding any recommended sampling, testing, or additional environmental review necessary to address potential historic orchard-related soil conditions. They will follow Ecology's Model Remedies for Cleanup of Former Orchard Properties in Central and Eastern Washington to address and mitigate any environmental concerns. XI. Written Comments from Members of the Public. Members of the public submitted the following written comments prior to the hearing: (1) Terry and Laurel Liebrecht: We are writing as concerned citizens living on Coolidge Road to submit our formal public comments regarding the proposed preliminary long plat for "Plat of The Orchards" (File Numbers: PLP#002-26, SEPA#004-26), Apple Tree Construction Company LLC. While we understand the property is located in an R-1 zoning district, we have serious concerns regarding localized traffic impacts, on-street parking constraints, and neighborhood safety that must be addressed under the State Environmental Policy Act (SEPA) review. Specifically, we urge the Planning Division to thoroughly evaluate the following elements before issuing a final SEPA determination: Apple Tree Construction Company, LLC 11 IECE,VED "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 ,JUL 3 0 alai CITY PLANNING DIV. 240 Inadequate Ingress/Egress: Local roadways, specifically Coolidge Road, S. 96th Ave. and Occidental are inadequately designed to handle added traffic influx from an additional 135 single-family lots. This will overtax the local grid creating safety hazards for daily traffic flow and emergency vehicle access. In reference to the plat map, phase one shows 27 lots having only street access to S 96th Ave. We would like to know what the current and the proposed traffic count is, and the current roadways capacity to handle that much new volume and what the plan is to address it. In phase two, it provides access to Occidental Rd in addition to S 96th Ave. That means at least 50 more vehicles traveling on inadequate roadways for that much traffic and it will continue to grow as each additional phase is added. Existing On-Street Parking Obstructions: Currently, many residents living on both Coolidge Road and S. 96th Ave. utilize the street for vehicle parking. When vehicles are parked on both sides of the street, the roadway is partially blocked causing traffic to cross over the center line and weave past the parked vehicles and the oncoming traffic. Currently, residents are not utilizing their driveway capacity and cars are parking on the street. South 96th Ave is a two lane road with a continuous center turn lane. Coolidge Rd from S 96th to S 88th Ave is a two lane. We have attached photographic evidence to this correspondence demonstrating the current on-street parking conditions on S. 96th Ave. on any given day. These photos clearly illustrate how narrow the available right-of-way becomes under normal daily conditions, proving that the street grid cannot safely absorb heavy construction vehicles or hundreds of additional daily commuter trips. Requested Mitigation Measures: Pursuant to WAC § 197-11-310 and the city's authority to require mitigation, we ask that the city address the impact this project will have on the existing affected roadways, namely S. 96th Ave and Coolidge Rd. Under Phase 2, 3, 4 and 5, we want to know the long term impacts of traffic flow onto Occidental Rd, specifically addressing traffic safety and roadway design. Intersection Traffic Control: The increase in volume of traffic created by this project will require the City to address traffic safety concerns at the following intersections: Intersection of S. 96th and Occidental, and the Intersection created by phase 2 of Occidental Rd. (2) John Rivard (first written comment): I have lived at [Apple Tree] since 2005. I have watched this area grow through the years with gated and [pocket] communities and building a great overall community. We have pool areas along with a playground for all the young kids. We also have pickleball courts for our community. Kids go between their homes and these community areas freely. Apple Tree Construction Company, LLC 12 "Plat of the Orchards"Preliminary Plat 1IVn 2206 S. 96t'' Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL3 0 2026 UUlY OF YAKIMA PLANNING DIV, 241 1 This new development is stuffing 135 homes into this area with no community areas like a play ground for the kids or a pool for this new area. My real concern is the added traffic to this area, we have only two roads to get out here....Have any of you driven down Occidental? This road is a narrow two lane road with no shoulders and traffic goes way too fast. The other option is Coolidge Coolidge is a small two lane road that has in some areas no shoulder. The intersection at 80th and Coolidge is an accident waiting to happen. My wife and I ride bikes up Coolidge and many times cars will pass us at the intersection of 80th and Coolidge with 80th being a blind 90 degree corner. Cars from 80th come around the corner and find cars in the oncoming lane as these cars are passing us on bikes. This is not safe for drivers but especially for bikers. We have seen at least 12 occasions where cars almost crash. We have complained to the city about this intersection with no action taken and now the plan is to stuff 135 more homes out here with ZERO improvements to the roads. The Apple Tree development has had to add speed bumps along Coolidge to slow the traffic down since the speed limit is 20 mph! Adding 135 homes will increase traffic considerably and this will have a negative impact on all the homes on Coolidge with young kids walking, biking and walking their dogs. We have also complained to the YPD about cars running the stop sign at 88th and Coolidge! And, don't forget about all the golfcarts in the area! Coolidge is not a good option for drivers to access this new 135 home development. In closing, in our opinion there needs to be major improvements on Occidental before this development gets started! (3) John Rivard (second written comment): I sent an email earlier today but I just wanted to add one other concern we all have. I think to keep with the similar pocket communities out here at Apple Tree the number of homes needs to be reduced in this development. The current homeowners have spent top dollar to live out here. The plan for this new development, to cram as many homes as possible, does not conform to the existing homes and residents who have supported the Apple Tree community. It feels like a big money grab and does nothing for our wonderful community. None of us here at Apple Tree bought into this type of development. The residents here at Apple Tree have received NOTHING as far as communication about the direction the Apple Tree developers are taking in developing their properties. It's not a wonder that we have received no information about this change "cram as many homes as possible into this development." Apple Tree Construction Company,LLC 13 if ED "Plat of the Orchards" Preliminary Plat ' ' FIl 2206 S. 96t''Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL. 3 0 Z06 CITY Of YNKUV1A PLANNING DIV. 242 • When I saw the sign go up about the new development my first thought was wow, another gated community just like what they have been developing, wonderful. Once I saw the plat map I was very disappointed. Please don't get me wrong everyone deserves a place to live but this development doesn't fit with what is being developed out here at Apple Tree. (4) John Rivard (third written comment): I am writing to formally express my serious concerns regarding the proposed addition of 135 homes to the Apple Tree project. Adding this many residences will introduce at least 250 additional vehicles to a road infrastructure that is already hazardous. Earlier today, my wife and I were riding our tandem bicycle on Coolidge approaching 80th Avenue. A vehicle attempted to pass us at the blind corner just as an oncoming car appeared. To avoid a head-on collision, the passing vehicle forced us off the road and into a ditch. This is not the first time we have faced such a dangerous situation. The roads leading to Apple Tree, specifically the intersection at 80th and Coolidge and the stretch of Occidental between 72nd and 86th, are in terrible condition. These roads are narrow, lack shoulders, and contain dangerous blind corners. Despite rising property taxes and previous reports to the city and the YPD, these safety issues remain unaddressed. I urge you to personally inspect the road conditions between 76th and 80th on Coolidge and along Occidental before approving further development. Increasing traffic without first improving the infrastructure and fixing these intersections is a significant safety risk. Please use our tax dollars to provide safe roads for both motorists and cyclists before a fatal accident occurs. I look forward to seeing constructive action taken to resolve these long-standing safety concerns. XII. The Applicant's Written Responses to the Written Comments from Members of the Public. The applicant submitted the following written responses to the written comments from members of the public prior to the hearing: (1) Applicant's written response to the comments of Terry and Laurel Liebrecht: Inadequate Ingress/Egress — The commenters express concern that the proposed subdivision will increase traffic volumes on Occidental Road and S. 96th Avenue and that the existing roadway network may not provide adequate ingress and Apple Tree Construction Company, LLC 14 "Plat of the Orchards"Preliminary Plat 2206 S. 96t1' Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL y 0 ?026 Y OF YAK MA PLANNING DIV. 243 egress for residents and emergency vehicles. The applicant acknowledges the concern regarding ingress and egress. The proposed subdivision has been designed with access to both S. 96th Avenue and Occidental Road. Transportation impacts associated with the development are being evaluated through the City's review process. As part of the project, frontage improvements are proposed along Occidental Road and the subdivision will be required to comply with all applicable City standards for roadway design, access, circulation, and emergency vehicle access. The applicant will construct any roadway or frontage improvements required by the City as a condition of approval. Existing On-Street Parking Obstructions — The commenters express concern that vehicles currently parked along S. 96th Avenue reduce roadway width, obstruct visibility, and contribute to existing traffic and safety concerns. The applicant acknowledges the concern regarding existing parking conditions along S. 96th Avenue. The conditions described in the comment letter reflect existing activities occurring within the public right-of-way and are not associated with the proposed subdivision. The project does not propose modifications to existing parking regulations, roadway operations or striping configurations, or enforcement practices along S. 96th Avenue. The proposed subdivision has been designed to provide off-street parking on individual residential lots consistent with applicable City development standards. Existing parking conditions within the public right-of-way are separate from the preliminary plat application and are regulated by the City through its traffic and parking regulations. Requested Mitigation Measures — The commenters request roadway and traffic- related improvements to address existing and anticipated transportation concerns. The applicant acknowledges the requested mitigation measures. The need for transportation improvements associated with the proposed subdivision will be evaluated by the City through the preliminary plat, engineering, and transportation review processes. The applicant will comply with all applicable City requirements and will construct any frontage, roadway, traffic control, or transportation improvements determined by the City to be necessary to serve the development and ensure compliance with applicable municipal standards. Intersection and Traffic Control — The commenters express concern regarding traffic operations and safety at nearby intersections and request additional traffic control measures. The applicant acknowledges the concern regarding intersection operations and traffic control. The proposed subdivision's transportation impacts, access points, and roadway connections will be reviewed by the City as part of the development review process. Decisions regarding traffic control devices, roadway operations, signage, striping, speed limits, and other traffic management measures are made by the Apple Tree Construction Company, LLC 15 RFeErtfpI, "Plat of the Orchards" Preliminary Plat 2206 S. 96'Ave. & 9905 Occidental Rd. 1{if >`i 7fl? PLP#002-26 and SEPA#004-26 Ci i Y U1- YHsNIsrs.- PLANNING t111! 244 City and applicable transportation agencies based on adopted engineering and traffic standards. The applicant will comply with any intersection or traffic control improvements required as part of the subdivision approval process. (2) Applicant's written response to the written comments of John Rivard: Lack of Recreational Activities — Mr. Rivard expressed concern that the proposed subdivision does not include recreational amenities such as a pool, playground, or other community gathering areas similar to those found in portions of the Apple Tree area. The applicant acknowledges the comment. The proposed subdivision has been designed in accordance with the applicable requirements of the Yakima Municipal Code. Private recreational amenities such as pools, clubhouses, playgrounds, and similar facilities are not required elements of a residential subdivision under the applicable zoning and subdivision regulations. Traffic and Roadway Conditions — Mr. Rivard expressed concern regarding existing traffic conditions on Occidental Road and Coolidge Road, including roadway width, bicycle safety, traffic speeds, and the ability of surrounding roads to accommodate additional traffic associated with the subdivision. The applicant acknowledges the concern regarding traffic and roadway conditions. The proposed subdivision will access directly to S. 96th Avenue and Occidental Road. Transportation impacts associated with the project will be evaluated through the City's development review process and applicable transportation standards. Existing traffic conditions, roadway operations, speeding concerns, and traffic enforcement matters occurring on surrounding roadways are separate from the proposed subdivision and are not controlled by the applicant. The applicant will comply with any transportation improvements required by the City as part of the subdivision approval process. Density and Neighborhood Character — Mr. Rivard expressed concern that the proposed subdivision contains too many homes and does not reflect the character of surrounding Apple Tree neighborhoods. The applicant acknowledges the concern regarding density and neighborhood character. The proposed subdivision consists of 135 single-family residential lots within the R-1 zoning district. Lot sizes range from approximately 7,920 square feet to 9,833 square feet, which exceed the minimum lot size required within the R-1 zone. The proposed density is consistent with the property's zoning and Comprehensive Plan designation and reflects a conventional single-family residential neighborhood pattern. The subdivision has been designed in accordance with the applicable requirements of YMC Titles 14 and 15, including standards for lot layout, transportation facilities, utilities, public infrastructure, and residential development. Apple Tree Construction Company, LLC 16 RECEIVED "Plat of the Orchards"Preliminary Plat 2206 S. 96t'Ave. & 9905 Occidental Rd. JUL 3 0 2026 PLP#002-26 and SEPA#004-26 CITY Y Of YAltttv'i PLANNING DIV. 245 Consistency with Apple Tree Development — Mr. Rivard expressed concern that the proposed subdivision does not reflect the development pattern, amenities, and character of nearby Apple Tree neighborhoods. The applicant acknowledges the comment. While the property is located in proximity to the Apple Tree area, the Orchards is a separate development proposal being reviewed under the applicable provisions of the Yakima Municipal Code. The subdivision has been designed to comply with the applicable zoning, subdivision, utility, transportation, and infra- structure requirements of the City of Yakima. The project is still being evaluated as to what access, if any, this development will have to the private amenities. Any access to Apple Tree amenities will be consistent with existing Apple Tree homeowners covenants. XIII. Summary of the Testimony Presented at the Open Record Public Hearing. The testimony presented at the open record public hearing on July 9, 2026, may be summarized as follows: (1) Senior Planner Eric Crowell summarized the Planning Division staff report which is in the record as Doc. Index #A-1. (2) The applicant's representative for this matter who testified at the hearing, Mike Heit of HLA Engineering and Land Surveying, Inc., indicated that there is a big concern regarding the staff report's recommended condition A that would require a Traffic Impact Analysis (TIA) be submitted to the Engineering Division prior to the issuance of the Engineering Division's Transportation Concurrency Ordinance (TCO) decision required by YMC Chapter 12.08. He cited several reasons for that concern that are set forth in his written letter to Mr. Crowell of July 8, 2026, which was submitted prior to the hearing and is in the record as Doc. Index #G-8. (3) Doug Warren who lives on the west side of South 96th Street indicated that he and his wife are not per se opposed to the development that will be on the west side of their fence because they knew when they purchased the lot that development was a possibility. But they do have concerns about the traffic impact of 135 additional homes in their community and he thinks that a Traffic Impact Analysis is an appropriate measure for the residents, especially the ones that share Apple Tree Construction Company, LLC 17 "Plat of the Orchards"Preliminary Plat 117,FIV 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL0202- al Y OF YAKIM PLANNING DIV. 246 a fence with this development. He asked if the extension of South 96th Avenue to the north between Coolidge Road and the high school on Zier Road is part of this proposal and would appreciate the adjustment of the lot lines next to the people that share a fence just to be neighborly which he feels the Apple Tree community has been for the most part to this point. (4) Jerry McDonald who lives at 9805 Coolidge Road in the second house east of the intersection of South 96th Avenue and Coolidge Road indicated that most of the traffic from this site would end up on Coolidge Road rather than Occidental Road. If anybody in this site was going to go to north Yakima, central Yakima, south Yakima, or head to Costco or the shopping district in Union Gap, they are going to use Coolidge Road which is already busy before any new construction. A good part of Coolidge Road has no shoulder. Occidental has no shoulder. Both roads for these 300 additional cars are totally inadequate. His concern is the traffic. There will be hundreds of cars a day turning on the intersection where he lives and he probably won't be able to back out of his driveway. He would like the impact on Coolidge Road to be considered. Since there would probably be eight years of construction for the five phases with large vehicles like roofing trucks, dump trucks and cement trucks going through the neighborhood constantly and because that would be inconvenient for the existing homeowners, he would recommend that all construction traffic enter the site from the west off of Occidental by way of Dazet Road or whatever to keep them out of his neighborhood. (5) Dennis Bohanon who lives at 2111 South 88th Avenue has lived in the Apple Tree community for 20 years. He has no complaints about Apple Tree developments and thinks they are a pretty good developer. He currently uses Coolidge from 88th and uses Occidental and turns on 86th to get down to Ahtanum. Taking Occidental Road to 64th is terrible and rough and almost impassible. You cannot use 86' without swerving around potholes. His issue is not with the developer, but with the fact that the City cannot maintain the roads even with the existing traffic. And this will put more traffic there. Let's fix the roads first for the people who live there. It doesn't make sense that it should be on the back of the developer to improve Occidental Road from 64th to 80th. That is something that the City should have already done. They are calling it single family housing, but having worked in Moxee for 21 years, what they have done Apple Tree Construction Company, LLC 18 "Plat of the Orchards" Preliminary Plat 2206 S. 96`1'Ave. & 9905 Occidental Rd. 'RECEIVED PLP#002-26 and SEPA#004-26 JUL 3 0 2UZ l.;l I Y tW YAKIMA 247 PLANNING DIV. out there is coming to this neighborhood. There will be more than two cars per home. Multigenerational housing is what it should be called, not single family housing. The demographics of where we live are known, and the proposal is just lowering the price point and building houses that will acquire multigenerational people. So any traffic study projection should probably be doubled because there will be four cars rather than two cars in the driveway. In the Aho development in Moxee, cars are parked out on the street and sideways and in the yard and everywhere like that. Mr. Bohanon stated that that is what we are going to have; that these aren't the houses that we all live in and that I have lived in for 20 years; that these are lower income smaller lot houses; and that with that you have a whole demographic of people showing up that are going to have way more cars and way more people. (6) Laura Liebrecht has lived at 9625 Coolidge Road to the north of this property for 251/2 years. Back then there were no houses and the roads were dirt roads and orchard roads. Dazet Road is not a viable alternative for the traffic from this development to use. There is a lot of traffic and cars parked on the side of the road already on 96th and on Coolidge Road. The proposal is for a lot of house- holds with one, two or three cars possibly. The access for the first phase is on 96th and people going north are going to go down 96th to Coolidge and there is no stop sign or anything at that corner. The proposal will put more traffic there and high school kids will start driving there which is a concern. Mrs. Liebrecht asked if a northerly extension of 96th is part of this proposal and if the workers building the row of houses west of the intersection of 96th and Coolidge will use the existing orchard access road there currently used all the time by four wheelers and side by sides. She indicated that it is also hazardous to turn right or left onto Occidental from 96th Avenue because there are trees and bushes that block the view so you have to inch out and there will be accidents. There is a lot of traffic already in this area. Occidental is not a great place for school buses and children who ride their bikes up and down already. Something needs to be done to Occidental Road, not just the frontage, to accommodate school buses that will be going in and out of the development. (7) Tia Thornton who lives at 2100 South 96th Avenue on the corner of 96' and Coolidge will be very much affected by this. She will lose her orchard and her view, and traffic will be an absolute nightmare. She will definitely want some Apple Tree Construction Company, LLC 19 "Plat of the Orchards"Preliminary Plat gFcEivED 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 ilk 3 6 2.121✓ CITY ( YAK1iv11 PLANNING DIV. 248 speed bumps on 96th going forward. The plat map looks like a Hayden Homes development. She lives in a resort community and this looks like trash. This is going to devalue her property. There is not one cul-de-sac. She asked if some green space, a pool and/or a pickle ball court can be added because this is the Apple Tree community. She came to her first ever hearing because she is astounded. (8) Ray Fauth who lives at 9304 Coolidge Road agrees with requiring a Traffic Impact Analysis because he has trouble backing out of his driveway the way it is. With all the new subdivisions, school buses come by and people race through Coolidge. They aren't going to use Occidental because they use Coolidge right now. The other problem is with all of this extra traffic, three or four years ago the City approved a subdivision across the street north of Coolidge and east of 96th and they have already built two new 30-lot subdivisions across the street from him. They have taken the whole orchard out clear down to the creek toward the high school and there are 135 more lots platted right there. He asked how are you going to put 135 homes there and another 135 homes in this proposal and not have an impact on the streets and resources? That is what really concerns him, not just this one, but the combination of both of them. It is ridiculous since he cannot back out of his driveway, and it is not just local traffic. They are not using Occidental, they are using Coolidge and they are going to continue using Coolidge. Since he has lived there for 11 years, every year the traffic gets worse and worse and worse on Coolidge. That is why the City was approached to have speed bumps installed which has helped some. But people constantly run the stop sign at 88th and Coolidge. Police officers could ticket three or four or five people an hour running that stop sign. He is not totally against this subdivision except for the quality of the development and the access and lack of amenities. But his main concern is the traffic that will come from this development and the development across the street. (9) Debra Fauth who also lives 9304 Coolidge Road is also concerned about the traffic. Apple Tree is a golf community and in order to play a round of golf at Apple Tree, you have to cross Occidental in your golf cart which creates a safety problem. And 23 school buses go down there every day together with all of the agricultural trucks and construction trucks. There is already a safety hazard there, but adding another 200 to 300 cars will be impossible for the golfers to get Apple Tree Construction Company, LLC 20 "Plat of the Orchards" Preliminary Plat t F(+CINF 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 lUL302026 CITY OF YAKIMA PLANNING DIV. 249 across. Her friends and family are out there every day and she is concerned about their safety. She is also concerned that since there will not be any green space in the subdivision, the children there will use Apple Tree's green space. (10) Mr. Heit addressed Mrs. Liebrecht's question about use of the orchard road north of the proposal by indicating that there is a City of Yakima public right-of-way along the north side of the proposal that the applicant is widening to give the City 30 feet of right-of-way which would be sufficient for a half street so that a road could be built in the future if the property to the north also were to dedicate 30 feet of right-of-way. But this proposal does not involve any road improvements there and the new lots would only use the interior streets for access. In response to Mrs. Fauth's question as to whether lots will be dedicated for open space, Mr. Heit indicated that this is independent of any other subdivision and will have lot sizes that far exceed the minimum lot size requirement which will provide sufficient open space for the residents without setting aside additional area and that the proposal complies with the City requirements in this regard. In response to Mrs. Liebrecht's question as to whether the extension of South 96th Avenue to the north is part of this proposal, Mr. Heit indicated that it is not part of this proposal and that any extension of that street to the north would be development-driven to only occur if the property owners to the north decide to develop their property at some time in the future. Mr. Heit concluded by restating the reasons for his objection to the staff report's recommended condition A relative to requiring a Traffic Impact Analysis (TIA) prior to the issuance of the requisite Transportation Concurrency Ordinance (TCO) determination. The Hearing Examiner then continued the hearing for one week for a report from Engineering as to whether it still needs a TIA at this time in order for the TCO for this proposal to be issued. The testimony presented at the continued open record public hearing on July 16, 2026, may be summarized as follows: (1) Senior Planner Eric Crowell read the following written report of City Engineer Robert Washabaugh, P.E. into the record which is designated as Doc. Index #9: Apple Tree Construction Company, LLC 21 RECEIVED "Plat of the Orchards" Preliminary Plat 2206 S. 96dh Ave. & 9905 Occidental Rd. JUL 2117I; PLP#002-26 and SEPA#004-26 Ui- PLANNING CITY Ui- �d �®di'vovi DIV. 250 "This long plat subdivision with 135 single family lots was first brought in front of the city on December 16, 2025, by the applicants at a pre-DST meeting. At that meeting, I communicated my desire for a traffic impact analysis (TIA) to be done. A DST meeting was held on May 5, 2026, where the long plat application was reviewed for this development. At that meeting, I again communicated my desire for a TIA to be done. Neither of those meetings are official notifications. Engineering has been without a traffic engineer for the last year and the official request for the TIA to be included in the MDNS did not get documented. That is why HLA did not get the request until just prior to the hearing. The plan for this subdivision really only has one main point of ingress and egress, which is onto Occidental Rd, as it is unlikely a lot of traffic will exit onto 96th Ave based on the current layout. Because of the number of lots that will generate 135 pm peak hour trips, and the one main access, I would like a TIA to be done to see if turn lanes may be needed off and on to Occidental Rd. This was the earliest possible stage for me to communicate my TIA requirement. In the past I have requested TIAs for other developments similar in size to this one. The Champions Park development off Ahtanum Rd and 52nd Ave. is of similar size where I requested a TIA to be done. After last week's hearing, I spoke with Mike Heit with HLA and we have come to the following agreement: A. The applicant shall revise the striping on 96th Avenue removing the turn lane north of the subdivision entrance and adding a centerline stripe [in] accor- dance with a design approved by the City. Prior to insurance [issuance] of the TCO decision and approval of Phase 1 construction plans, the applicant shall submit a Traffic Memo outlining existing traffic volumes and turning movements for review. Engineering Division shall determine if an additional Traffic Impact Analysis (TIA) is required for the analysis of the traffic entering and exiting the subdivision at S. 96th Avenue and Occidental Road. The TIA, if required, shall be submitted for review prior to approval of Phase 2 construction plans, and any improvements as a result of the Traffic Memo or TIA shall be in addition to the conditions of the recommendation. Robert Washabaugh, P.E. City Engineer City of Yakima 129 N. 2nd Street Yakima, WA 98901 (509) 576-6601 Cell (509) 571-4181" Apple Tree Construction Company, LLC 22 RFCFIvrzn "Plat of the Orchards"Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CITY Of )(Mimi, KANN= DIV 251 (2) The applicant's representative for this matter who also testified at the continued hearing, Mike Heit of HLA Engineering and Land Surveying, Inc., indicated that he had the opportunity to meet with the City Engineer and discuss his concerns and agree to the decision he came up with in regard to a Traffic Memo for Phase 1 and ultimately if he determines an additional traffic study is needed, the applicant agrees to get that completed prior to Phase 2. The applicant has no objection to the revised condition that was read into the record. (3) Micheal Benson who lives at 9204 Coolidge Road asked whether, in anticipation of the added traffic that these houses and the additional cut-through traffic from Occidental would add, this would be a good time for the City to consider adding further traffic calming measures to Coolidge Road and 96th Avenue in addition to the speed humps and the reduction of the speed limit to 20 miles per hour which occurred in 2019. (4) Ray Fauth who lives at 9304 Coolidge Road indicated that Coolidge is so busy because people use Coolidge and not Occidental. When they were putting the roundabout in at Washington and 72"d, traffic down Coolidge was hardly anything because they couldn't go that way. A lot of people had to use Occidental down to 62"d or whatever it is. Now that everything is back to normal, everybody comes into town from Coolidge. They come through town on Washington to 72"d down Coolidge as far as they can go before they hit Occidental. And it's just a mess out there. With this added traffic, unless they can get more calming measures or something done, it is going to add speeding traffic up there more and more all of the time. He is really concerned about the number of people that use Coolidge. People that use Occidental live way out past Apple Tree. A lot of people run the stop sign at 88th. Something needs to be done to keep people from using Coolidge. (5) Tia Thornton who lives at 2100 South 96" Avenue questions why an entrance is being put off of 96th Avenue and thinks it is about 60 yards from the one off of Occidental. The entrance off of 96th Avenue will just increase the traffic on Coolidge. 96t" will just be a mess and four neighbors asked her to please bring this up. Making the only entrances off of Occidental Road would help keep the traffic out of the resort. Mr. Heit answered this question by indicating that the South 96" Avenue entrance is already designed as part of the previous development. The entrance is there and mirrors Phase 1 of Apple Tree Resort so that both entrances are aligned which is good engineering practice. Further a certain distance of separation is needed between entrances to comply Apple Tree Construction Company, LLC 23 ' `r"q"+ 1V "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL P 0 2026 GUY OF YAK MA PL AsV6'Wd`aG ON. 252 with the Fire Code. And there is a turn lane on 96th for this entrance and for the entrance for Apple Tree 1 across the street which align with each other. Since existing City traffic counts show about four times more traffic on Occidental than Coolidge, the turn lane south of the entrance to this subdivision would probably remain for traffic entering Occidental from the subdivision or coming off of Occidental to enter the subdivision. (6) Aaron Guerra who moved to 2212 South 96th Avenue about a year ago which is right on the corner where this development is going to go indicated that he uses Coolidge Road to get to his house because Occidental is a horrible road where people speed that is super dangerous. A traffic study or traffic calming measures are needed. He sees people running the stop sign at 88' and Coolidge all day long and almost got hit at intersections while on a walk a couple of times. His biggest concern is that the road cannot handle the amount of traffic that will be added. Two or three cars for 135 homes is going to drive so much traffic through the area that it will disrupt the neighborhood. (7) Laurel Liebrecht who lives at 9625 Coolidge Road is in favor of a traffic study that should be done at the peak time of the year in the fall when school buses and agricultural workers are using the roads. People speed on Occidental. It is already a hazard to turn off of 96th onto Occidental and the intersection should be made safer. There is no signage at the intersection of Coolidge and 96' and people fly through there around the corner without even looking. Either a stop sign or additional speed humps should be added due to the additional traffic that will pass through that intersection. (8) Jerry McDonald who lives at 9508 Coolidge Road asked for assurance that there is no intent to extend Coolidge Road west of 96th Avenue. The people that live on 96" Avenue use Coolidge Road rather than Occidental Road which is a horrible road. Both roads lack shoulders in some places with the asphalt crumbling on the edges. Improvement of those roads really need to be considered even aside from this development. (9) City Engineer Robert Washabough, P.E. is acting as the Traffic Engineer at this time, but the City has recently hired a person to serve as its Traffic Engineer in the future. As to whether additional traffic calming measures can be added to Coolidge Road, the residents who live there can sign a petition to make that request and the Engineering Division will go out there to collect data to see if the problem with people speeding there will meet the criteria to add more than the three existing speed humps on Coolidge Road. Once this subdivision is developed, there would be a need to collect new data because the traffic conditions will have changed. In order to satisfy the criteria for physical additions to a street such as speed humps, at least 85% of the traffic must be Apple Tree Construction Company, LLC 24 "Plat of the Orchards"Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 300 (12E CITY OF •, F�' ►f�diJli:u" :�.� 253 going at least ten miles per hour over the speed limit. The City has radar units that it can use to collect data 24 hours a day for two weeks. Sometimes lesser measures such as speed feedback signs can be utilized instead of additional speed humps. The new speed feedback signs also can collect the volumes and speeds of the traffic. The petition for additional traffic calming can be obtained at the City Engineer's office on the second floor of City Hall or online. The decision relative to additional speed humps on a street, which are larger features than speed bumps typically used on private areas such as parking lots, is made by the Traffic Engineer subject to getting approval of all of the residents and approval of the City Council for the addition of those types of physical features to a street. Here the current data probably will not change much until there is additional traffic to measure. As to the suggestion to eliminate the entrance to the subdivision on 96th Avenue, Mr. Heit already explained that that entrance was already put in to align with the one across the street which is good engineering practice. The left turn lane north of the entrance to the proposed subdivision is not needed because people are just turning into their homes, and the turn lane makes it more difficult to pass by vehicles that are parked on the street. It makes more sense to replace the left turn lane north of the entrance to the subdivision with centerline striping. Existing traffic counts typically are not collected during the summer, but rather are collected during peak times of the year when school is in session in the fall or spring. As to considering whether additional signage or other traffic measures can be requested, residents can request that Engineering consider adding signage. As to whether the City has any plans to develop Coolidge Road further to the west, that is not on the City's 6-Year Transportation Improvement Plan (TIP) and the City has no plans to do that. Engineering would consider the Traffic Memo data and analysis as part of this development to see if there is something that is going to cause a safety issue and what can be done as standard practice to make it better. Mr. Washabaugh is open to learning about and addressing people's concerns regarding the traffic in their area. Residents may call him to find out more about the ways to seek assistance than he has explained at this hearing. (10) Gene DeLuca who lives at 9000 Whatcom Avenue in Coolidge Heights asked whether there are City plans to extend 96th Avenue north to Zier Road and indicated that very few people in the development will be taking Occidental Road and will instead be going down 96th and using Coolidge. That is because Occidental is a mess, hazardous and risky. When they did the roundabout on 72"d and Washington, his neighbor had a serious head-on collision on Occidental down close to the intersection with 64th. Occidental is bumpy even at 35 mph and is not desirable. Dazet also is not desirable. People will be going 96th to Coolidge. Apple Tree Construction Company, LLC 25 "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CO OF YAYLA PLANNING DiV 254 (11) Mike Heit of HLA indicated that existing traffic data will be used for the Phase 1 Traffic Memo to establish the proposed splits for the Traffic Engineer to look at and if he wants tweaks to the splits HLA would go out and obtain new current data as to the traffic as it exists today during peak times when school is in session in areas that have schools nearby. As to the question whether roads will be extended, he indicated that the City in general does not build new roads. They are all development-driven. If Coolidge or 96th are ever extended, it will be because the owners of property adjacent to an extension of those roads develop their property. For example, 20 feet of City right- of-way exists now along the north side of this development and the applicant as a requirement of the City is giving an additional 10 feet of right-of-way width. The applicant does not own the land north of that. So if whoever owns the land north of that decides they want to sell that land or develop it themselves, then Coolidge could get extended. The same is true of 96th. It is development-driven. (12) Michael Benson who lives at 9204 Coolidge Road indicated that despite what was said to Cathy Coffee at the City some time ago and despite all of the haggling about regulations and traffic flow etc., with over 125 petitions signed by residents of Apple Tree in 2019, they have seen very little action. They finally said the number of taxpayers and registered voters in our development deserve further consideration regarding traffic safety. And in particular we have seen as people have commented before me the traffic flow on Coolidge east of the Borton development, east of 88th, is terrible. When Crown Heights, I believe, was developed, no improvements were made. We have seen no improvements on Occidental over the years, as many people have commented. What they would like to expect besides the good faith effort of the Traffic Engineer is someone to work on improving Occidental and the remaining short section between 72nd and Coolidge as well as more traffic calming for the residents of Apple Tree. We need a safe community: With the additional housing development, that will provide more money, more revenue, more voters and more taxation that should go toward increasing safety and creating a harmonious safe community for the residents. XIV. Some of the Ordinance Standards and Requirements Applicable to the Proposed Preliminary Plat. The following ordinance provisions are some of the YMC Title 12 development standards, YMC Title 14 subdivision requirements and YMC Title 15 zoning requirements applicable to the proposed preliminary plat: Apple Tree Construction Company, LLC 26 rin "Plat of the Orchards" Preliminary Plat , ;FIVE 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 L0ZIi CITY OF YAK MA. PLANNEG DIV 255 (1) YMC §12.02.020: Easement location and width: Eight-foot-wide utility easements shall be dedicated along the front of each lot in subdivisions and short subdivisions. Easements for new and/or future utility lines shall be a minimum of eight feet in width, or twice the buried depth of the utility, whichever is greater. (2) YMC 12.03.0 l 0: Sewer service required: All new lots and development shall be served by a sanitary sewer line located adjacent to the lot or development site. (3) YMC §12.03.070: Side sewer service: Each building containing sanitary facilities shall be served by a separate private side sewer line from a public main. Branched side sewers serving multiple buildings and properties shall not be permitted. Single side sewers serving multi-unit buildings are permitted. (4) YMC §12.04.010: Water service required: All new lots and development shall be served by a public water supply line maintained by the city of Yakima, Nob Hill Water Company or other water purveyor, and located adjacent to the lot or development site. The water line shall be capable of providing sufficient flow and pressure to satisfy the fire flow and domestic service requirements of the proposed lots and development as approved by the city engineer in cooperation with the code administration manager and water irrigation division manager. (5) YMC §12.04.020: Water line extension required: Water lines shall be extended to the point where the adjoining property owner's responsibility for further extension begins. This typically requires extension across the street or easement frontage of the developing property. In some cases it will require dedication of an easement and a line extension across the property or extension along two or more sides of the developing property. Extensions will be consistent with and implement the city's adopted water comprehensive plan. (6) YMC §12.05,010: Sidewalk installation required: Sidewalks shall be in- stalled along both sides of all new, improved, and reconstructed streets. Projects which repair small portions of or maintain existing street shall not be considered "improvement" for the purpose of this section and shall not trigger the requirements of this section. Sidewalks shall also be installed across the frontage of all newly developed or redeveloped lots where feasible. (7) YMC §12.06.030: Design standards, adjustment of standards: Final design of street improvements is subject to approval by the city engineer. The city engineer, at his discretion, is authorized to adjust these standards as necessary to facilitate the construction of new streets and improvement of existing streets. Projects which repair Apple Tree Construction Company, LLC 27 ;' E P q,, Er "Plat of the Orchards"Preliminary Plat 3 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 iU�- 2G26 0iiv of PL ,NN;;tiG. Di 256 small portions of or maintain existing streets shall not be considered "improvements" for the purposes of this section. (8) YMC §12.06.080: Street lighting: A street light shall be installed at each street intersection and at mid block if the block exceeds five hundred feet in length. Street lights shall meet the design and placement standards of the city engineer. Lighting improvements shall become the property of the city of Yakima upon installation and will thereafter be maintained by the city. (9) YMC §14.10.020: Subdivision: "Subdivision" means the division or re- division of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the present or future except as expressly exempted by this title. (10) YMC §14.25.040(13): Lot Design: All lots within a subdivision shall have direct access to and frontage upon a dedicated public street or be accessed by an easement. Access easements cannot serve more than one lot. Minimum street frontage and/or access easement width shall be at least twenty feet. Lots intended for residential use should not access a principal or minor arterial. (11) YMC §14.25.050: Block Design: YMC §14.25.050 states: "Blocks shall not be less than two hundred fifty feet nor more than one thousand feet in length as measured along their greatest dimension. Any block over six hundred sixty feet in length may be required to provide for a pedestrian way connecting opposite sides of the block. The pedestrian way shall be dedicated to public use and shall be located as near as possible to the center of the block." This provision states that a pedestrian way "may be required" in such a situation, and the applicant has not proposed specific mitigation for the interior "island" blocks more than 600 feet long. If a cross street or pedestrian way is not added to reduce this length, the City may allow traffic calming or traffic control measures as part of the engineering permit, including but not limited to speed bumps, radar speed signs, traffic control signs, etc. (12) YMC §14.05.200(B): Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat: In cases of subdivision or short subdivision, the request for bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final plat by the administrator. The decision to approve or deny the request for the bond or other method of securing actual construction of required improvements by the city engineer and city attorney cannot be appealed. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred fifteen percent of the estimated actual Apple Tree Construction Company, LLC 28 FMC VF "Plat of the Orchards" Preliminary Plat 2206 S. 96111 Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 `JUI' r 2026 CITY OF YAKIMR PLANNING DIV 257 cost of the improvements based upon the approved civil engineering design of the required improvements. (13) YMC §14.20.230: Final Plat—Recording: All final plats approved by the administrator shall be filed for record immediately, or as soon as possible, by the subdivision applicant in the Yakima County auditor's office. The subdivision applicant shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. A copy of the recorded plat shall be provided to the city prior to the issuance of any additional residential building permits. (14) R.CW 58.I7.280: Naming and numbering of short subdivisions, sub- divisions, streets, lots and blocks: Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. (15) YMC §15,03.020(B): R-1 Zoning District Defined: YMC §15.03.020(B) provides that the Single-Family Residential District is intended to: (a) Establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district, which may include duplexes and zero lot lines if established during the subdivision process; (b) Preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; and (c) Locate moderate-density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. Detached single-family dwellings are the primary use in this district. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one- and two-story structures. The density in the district is generally seven dwelling units per net residential acre or less. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. Nonresidential uses within these zones are not allowed; except for public or quasi-public uses, which will be required to undergo extensive public review and will have all necessary performance or design standards assigned to them as Apple Tree Construction Company, LLC 29 RECN Fri "Plat of the Orchards" Preliminary Plat 2206 S. 96t''Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 YAK,.,,. . PLANNIWG 258 necessary to mitigate potential impacts to adjacent residences. Duplex and multifamily development up to seven dwelling units per net residential acre may be allowed in accordance with Table 4-1. (16) YMC §15.05.020(11): Access Required: All new development shall have a minimum of twenty feet of lot frontage upon a public road or be served by an access easement at least twenty feet in width. The purpose of this standard is to provide for vehicular access to all new development; provided, the construction of single-family and two-family dwellings on existing legally established lots is exempt from the requirements of this section. (17) YMC § 15.05.050: Street Right-of-Way Dedication: All new development shall dedicate, where necessary, street right-of-way in conformance with the standards in the county/city subdivision ordinance and the arterial street plan adopted in the Yakima urban area comprehensive plan, except that for application under the jurisdiction of the city of Yakima, YMC Title 12 shall prevail over the provisions of this section to the extent of any conflict between such provisions. (18) YMC §15.05.055: New development improvement standards: Fire appara- tus access roads for multiple-family residential developments and one- or two-family residential developments shall be subject to the provisions of Sections D106 and D107, respectively, of Appendix D of the International Fire Code (2009 Edition). Additionally, such residential developments shall be subject to the requirements of Section D105 of Appendix D, International Fire Code (2009 Edition), pertaining to aerial fire apparatus roads, as applicable. All provisions of the International Fire Code referenced above are hereby adopted and incorporated herein by this reference, as now existing or as hereafter amended and adopted by the city. Minimum requirements for the primary and secondary access will be at least twenty feet wide, unobstructed, paved lanes. In order to promote safety for emergency access and circulation within and between new developments, cul-de-sac streets (public or private) shall not exceed 600 feet. XV. Findings Relative to the Preliminary Plat Standards and Criteria. YMC §14.20.100(A) provides that the Hearing Examiner shall consider a proposed preliminary plat during an open record public hearing in order to inquire into and determine whether the following standards and criteria are satisfied: Apple Tree Construction Company, LLC 30"Plat of the Orchards" Preliminary Plat .EC ��..i :, 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CITY P1Al IUG DIV 259 (1) Subsection 14.20.100(A)(1) — Consistency with the City's Urban Area Zoning Ordinance Intent, Design, Improvement and Development Provisions Applicable to the R-1 Zoning District. A determination of consistency with the City's Urban Area Zoning Ordinance intent, design, improvement and development provisions applicable to the R-1 zoning district involves a consideration of the following provisions of Title 15 and Title 12 of the Yakima Municipal Code (YMC): (a) Consistency with the Intent of the Single-Family Residential (R-11 Zoning District: YMC §15.03.020(B) indicates that the intent of the R-1 zoning district is mainly to establish and preserve residential neighborhoods for detached single-family dwellings, duplexes and other uses that are compatible with the intent of the district. The proposed preliminary plat would subdivide two parcels into 135 lots of record that would range in size from approximately 7,920 square feet to 9,833 square feet to be used for single-family residences that would be consistent with the intent of the R-1 zoning district. (b) Consistency with Design, Improvement and Development Provisions Applicable to the Single-Family Residential (R-l) Zoning District: YMC Chapter 15.05 establishes certain basic development requirements. These are the mini- mum criteria that must be met to assure land use compatibility and promote the public health, safety and welfare. The proposed residential development would meet the requirements applicable in the R-1 zoning district as follows: (i) Minimum Lot Size: The lots ranging in size from approximately 7,920 square feet to 9,833 square feet will be considerably larger than the minimum 6,000-square-foot lot size required for single-family residences located within the R-1 zoning district. (ii) Minimum Lot Width: The lots will all meet or exceed the mini- mum lot width of 50 feet which is prescribed for the R-1 zoning district by Table 5-2 of YMC Chapter 15.05. (iii) Maximum Lot Coverage: The maximum lot coverage is the percentage of net land area of a site that can be covered with structures and other impervious surfaces. In the R-1 zoning district, the maximum lot coverage is 60%. All lots within the proposed preliminary plat have sufficient lot area to comply with this development standard. (iv) Structure Setbacks: In the residential zoning districts, structure setbacks are intended to provide light, air and emergency access. All lots in the proposed preliminary plat have sufficient area to meet the setback Apple Tree Construction Company, LLC 31 n, r., r "Plat of the Orchards" Preliminary Plat 2206 S. 96`''Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 202E .1 I Y 61 ",i, ..[;3 DIV. 260 requirements specified for the R-1 zoning district by YMC Table 5-1 in YMC Chapter 15.05 which are as follows: Location From Centerline From Property Line of Right-of-Way Front 45 feet 20 feet Rear (property line) N/A 15 feet Rear(Occidental Rd.) _ 60 feet 15 feet Side (interior) N/A 5 feet Side (street) 40 feet 10 feet (v) Maximum Building Height: The maximum building height in the R-1 zoning district is 35 feet (YMC Chapter 15.05, Table 5-1). (vi) Access: All lots will have at least 20 feet of frontage upon a public street or be accessed by a minimum 20-foot-wide access easement in accordance with YMC §15.05.020(H). (vii) Sidewalk: Sidewalk is required along the Occidental Road frontage of the subject property as required by YMC §15.05.020(J) and along both sides of the interior streets as required by YMC §12.05.010. (viii) Density: Net residential density excluding streets for this proposal is calculated per YMC §15.05.030 as 135 dwelling units / 25.28 net residential acres = 5.34 dwelling units per net residential acre in a zoning district which generally has a density of 7 dwelling units per net residential acre. (ix) Frontage Improvements: Pursuant to YCC Chapter 8.72, an excavation and street break permit shall be obtained for all work within the public right-of-way. Roads less than five years old can be cut, but will cost 150 percent of the restoration fee with no PCI discount. (x) Wastewater: All lots within the subject plat shall be served by a separate side sewer line from a public main in accordance with YMC §12.03.070. Sewer is to be installed per the Yakima Municipal Code. (xi) Water: City of Yakima water services are installed and ready to serve all of the proposed lots of the plat in accordance with YMC §12.04.010. Apple Tree Construction Company, LLC 32 "Plat of the Orchards"Preliminary Plat 2206 S. 96t' Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL : 0 2026 CITY OF Y/kcIr.1., (xii) Easements: Easements are to be established in accordance with YMC §12.02.010 and YMC §12.02.020. (2) Subsection 14.20.100(A)(2) — Consistency with the provisions of the Comprehensive Plan. The Future Land Use Map 1II-3 of the 2040 Yakima Urban Area Comprehensive Plan designates the property within the proposed preliminary plat as suitable for Low Density Residential development that provides property for single- family residences which are the proposed use for this preliminary plat. With a density of 5.34 dwelling units per net residential acre, the proposed preliminary plat is consistent with the City's Comprehensive Plan Low Density Residential designation for the property. It is also consistent with the Comprehensive Plan policy to provide for a wide variety of housing types within the City to meet the full range of housing needs for Yakima's evolving population. (3) Subsection 14.20.100(A)(3) — Consistency with the provisions of this title, Title 14 entitled "Subdivision Ordinance." As proposed and with the recommended conditions, this preliminary plat will meet all the design requirements in the City's Title 14 subdivision provisions, as well as the City's Title 12 development standards and the City's Title 15 zoning requirements. (4) Subsection 14.20.100(A)(4) — Appropriate provisions for enumerated features. As proposed and with the recommended conditions, this 135-lot preliminary plat to be known as the "Plat of the Orchards" would make appropriate provisions for the following features required by YMC §14.20.100(A)(4) and RCW 58.17.110: (a) Public health, safety, welfare: The construction of new single-family dwellings will promote the public health, safety and general welfare insofar as there is a need in this community for additional housing and insofar as this proposed preliminary plat will be required to comply with all applicable City development standards, subdivision requirements, zoning requirements and conditions of approval that will be specified by the City Council. (b) Open spaces: This is a separate development located west of the Apple Tree resort community that is not required to include the type of open space and amenities that were voluntarily included within the Apple Tree resort areas. The proposed lots are considerably larger than the minimum lot size required in the R-1 zoning district for single-family dwellings. The lot coverage limitation of not more than 60% in the R-1 zoning district will provide adequate light and air for Apple Tree Construction Company, LLC 33 VE� "Plat of the Orchards" Preliminary Plat 2206 S. 96t'' Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 !11'i 6 '1..02Ei i+Y j�qt}}sQQr��'(�rrN����ryry�'tf/Ilii PLANNING DIV. 262 future residents•in accordance with the standards in the zoning ordinance without additional open spaces. (c) Drainage systems: Drainage system facilities will be provided in accordance with state and local regulations, including the City of Yakima Municipal Code and the Eastern Washington Storm Water Manual. (d) Streets, alleys, and other public ways: The new lots will have frontage on interior streets that have curb, gutter and sidewalk installed along both sides which will comply with the City's design requirements. Curb, gutter and sidewalk frontage improvements will also be installed along Occidental Road. The Code Administration and the Engineering Division will determine the location of fire hydrants and street lights for the streets. The lots will have access to and from both Occidental Road and South 96th Avenue. The turn lane on South 96th Avenue north of the entrance to the subdivision will be removed and replaced by the applicant with a centerline stripe that is approved by the City. The applicant will submit a Traffic Memo outlining existing traffic volumes and turning movements for review by Engineering prior to approval of Phase 1 construction plans: The Engineering Division will determine if an additional Traffic Impact Analysis (TIA) is required to be submitted prior to the approval of Phase 2 construction plans for the analysis of the traffic 'entering and exiting the subdivision at South 96th Avenue and Occidental Road. Any improvements as a result of the Traffic Memo or TIA will be additional preliminary plat conditions. Some sort of grant funding may be required in the future to adequately address some of the-traffic concerns expressed by the residents in this area, but many of their suggestions may be implemented without grant funding. Other than those type of suggestions, future development-driven frontage improvements may take time and will not .improve the areas that have already been developed in the County prior to annexation. The responsibility of any one developer for offsite street improvements is limited by constitutional nexus and proportionality principals. Grant funding for improvements typically requires estimates' of the cost of needed improvements and prioritization of needed projects by listing them on the City's 6-Year Transportation Improvement Plan (TIP) which necessarily requires difficult decisions on the part of the City's traffic experts and the City Council, Absent the ability to address some of the traffic concerns of the residents who testified by undertaking major grant funded projects, here the agreement between the City Engineer and the applicant which requires specific street improvements by the applicant and also requires specific additional Apple Tree Construction Company, LLC 34 "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL )(17 OR it, ;'rie�s .., • PLEN!'";yw nnf. 263 information from the applicant that may result in the imposition of additional street improvement requirements of the applicant prior to the approval of either Phase 1 or Phase 2 construction plans is under the circumstances in the Hearing Examiner's view an effective and commendable way of determining both the traffic impacts that will result from this subdivision and the applicant's responsibilities to mitigate them as effectively as possible at an early stage of the development. (e) Water supplies: Public water is required to be used for domestic and fire flow purposes. Nob Hill Water Association water services are located in the vicinity of this proposed preliminary plat and are capable of being extended to serve the development in accordance with YMC Title 12 development standards. (f) Sanitary waste disposal: City of Yakima public sewer services are also located in the vicinity of this proposed preliminary plat and are capable of being extended to serve the development in accordance with YMC Title 12 develop- ment standards. (g) Parks, recreation and playgrounds: A park and playgrounds are located about 3.2 of a mile away from this subdivision at West Valley Community Park. The lot sizes and the lot coverage limitation also provide open space on the lots for recreation and play areas. (h) Sites for schools: Cottonwood Elementary School is located about 2.5 miles from this proposed subdivision, West Valley Middle Level Campus is also located about 2.5 miles away and West Valley High School is located about 1.9 miles away. (i) Sidewalks: Sidewalks will be installed along the Occidental Road frontage of the subject property and along both sides of the interior streets. (j) Public Transit: Yakima Transit Routes 2 and 5 are located about 1.5 miles from the subdivision. (k) Serves the public use and interest: This proposed residential subdivision will help satisfy the need for additional housing within the City. (1) Time Limitation: Upon preliminary plat approval, the applicant has five years from the date of preliminary plat approval by the City Council to submit the final plat. If more time is needed, at least 30 days prior to the expiration of preliminary approval, the applicant must submit to the City Council a written request to extend the approval period for a maximum period of one additional Apple Tree Construction Company, LLC 35 "Plat of the Orchards" Preliminary Platf� � 'r 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 AIL 1 L ?O CITY (Jr Yr.:�..... PLATM.i�k2 L:V 264 year (YMC §14.20.160). Before the final plat can be recorded, all required infra- structure must either be engineered, completed and inspected or be engineered and financially secured, and approval of the final plat must be obtained from the City of Yakima Community Development Department. XVI. Consistency Analysis Conducted Pursuant to Subsection 16.06.020(B) of the Yakima Municipal Code. During project review it has been determined that this preliminary plat application is in compliance with YMC §16.06.020(B) for the following reasons: (1) The type of land use contemplated by the proposal (a single-family residential development) is permitted on this site so long as it complies with the conditions imposed by the Yakima City Council, as well as the development standards, the subdivision ordinance requirements, the zoning ordinance requirements and the other applicable regulations. The proposed single-family dwellings are Class (1) permitted uses in the R-1 zoning district. (2) The level of development with the maximum lot coverage density of 60% and with lots that are considerably larger than the 6,000-square-foot minimum lot size requirement will not exceed the allowable level of development within the Single- Family Residential (R-1) zoning district. (3) The availability and adequacy of infrastructure and public facilities is satisfied because the infrastructure either already exists or will be provided at the applicant's expense to ensure that adequate infrastructure and public facilities are available for the proposed preliminary plat. (4) The character of the proposal, such as the proposal's consistency with applicable development standards of the City's Urban Area Zoning Ordinance, primarily involves consideration of specific development standards relating to lot size, access, potable water, sewage disposal and other features of the proposed preliminary plat which have been discussed in detail above. With the recommended conditions, the proposed preliminary plat to be known as the "The Plat of the Orchards" will be consistent with all of the applicable development standards of City ordinances. • Apple Tree Construction Company, LLC 36 "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 202& 265 CONCLUSIONS Based on the foregoing Findings, the Hearing Examiner reaches the following conclusions: (1) The Hearing Examiner has jurisdiction to recommend to the Yakima City Council the approval of the proposed preliminary plat to be known as the "Plat of the Orchards" pursuant to YMC §1.43.080 and YMC §14.20.100. (2) A SEPA Determination of Nonsignificance (DNS) was issued for this proposed preliminary plat on June 16, 2026, which became final without any appeal. (3) Notices for the public hearing were given in accordance with applicable ordinance requirements. (4) The proposed preliminary plat to be known as the "Plat of the Orchards" which will be subject to conditions detailed below will comply with the applicable provisions of the City's 2040 Comprehensive Plan, development standards, subdivision ordinance requirements and zoning ordinance requirements; will make appropriate provisions for the public health, safety and general welfare and for open spaces, drainage ways, streets, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds and sidewalks; and, according to the weight of the evidence presented at the hearing, will not require specific provisions to be made for the other requisite plat considerations such as additional schools, additional schoolgrounds or additional planning features that assure safe walking conditions for students who walk to and from school; and said plat will serve the public use and interest. (5) This proposed preliminary plat to be known as the "Plat of the Orchards" will be in compliance with all of the consistency requirements of Subsection 16.06.020(B) of the Yakima Municipal Code. RECOMMENDATION The hearing Examiner recommends to the Yakima City Council that the proposed 135-lot preliminary plat to be developed in five phases and to be known as the "Plat of the Orchards" to be located on Assessor's Parcel Nos. 171336-44411 and Apple Tree Construction Company, LLC 37 van "Plat of the Orchards"Preliminary Plat 2206 S. 96`h'Ave. & 9905 Occidental Rd. MI.. 3 0 ZU26 PLP#002-26 and SEPA#004-26 (TIN MC YAKftw)A 1Y:..ti. 4• V;'V 266 171336-44402 which is described in the application, the staff report, the written comments, the testimony, this Recommendation and the other related documents assigned file numbers PLP#002-26 and SEPA#004-26 be APPROVED, subject to compliance with the following conditions: (A) The turn lane on South 96th Avenue north of the entrance to the subdivision shall be removed and replaced by the applicant with a centerline stripe that is approved by the City. The applicant shall submit to the Engineering Division a Traffic Memo outlining existing traffic volumes and turning movements for review prior to approval of Phase 1 construction plans. The Engineering Division will determine if an additional Traffic Impact Analysis (TIA) is required to be submitted prior to the approval of Phase 2 construction plans for the analysis of the traffic entering and exiting the subdivision at South 96th Avenue and Occidental Road. Any improvements as a result of the Traffic Memo or TIA shall be additional preliminary plat conditions; (B) The applicant shall comply with the block design requirements of YMC §14.25.050 for the design of blocks exceeding 1,000 feet in length by adding either a cross street, a pedestrian way connecting the opposite sides of the blocks, traffic calming measures or traffic control enhancements including but not limited to radar speed signs, traffic read signs, speed humps, traffic control signs, etc. which are approved by the City; . (C) Right-of-way shall be dedicated as displayed on the preliminary plat; (D) Curb, gutter, and sidewalk shall be installed on' both sides of the interior streets, along with street lighting; (E) Fire hydrants shall be placed at locations specified by Code Administration and the Yakima Fire Department. All lots must be provided with adequate fire flow; (F) Streetlights shall be installed per the direction of the.Engineering Division; (G) A Large Project Stormwater Permit shall be obtained; (H) The developer shall maintain an inadvertent discovery plan to be utilized if archaeological materials or human remains are revealed during construction; (I) Soil sampling shall be conducted with the Department of Ecology; • Apple Tree Construction Company, LLC 38 ,' 7,'(1 r7:'r1A„ ;j fi=ls "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 3 0 2026 CilY Ux- 1ia� °► Cal; 3 Di 267 (J) Prior to approval of the final plat, all required improvements shall be constructed or financially secured according to the standards and requirements of the City Engineer and YMC Title 12; (K) All lots shall be served with public water from the Nob Hill Water Association and public sewer from the City of Yakima. Prior to final plat approval, written verification must be submitted to the Planning Division indicating that all water and sewer extensions have been completed and inspected or financially secured; (L) An eight-foot-wide utility easement shall be dedicated along the front of each lot; (M) An excavation and street break permit shall be obtained for all work within the public right-of-way. Roads less than five years old can be cut, but will cost 150 percent of the restoration fee with no PCI discount; • (N) All frontage improvements shall be completed or bonded for prior to final plat approval. Civil engineering plans for public improvements shall be approved prior to bonding for public improvements; (0) At the discretion of the City Engineer, the owner may bond for required frontage improvements or enter into a deferral agreement for future participation in the cost of any frontage and/or roadway improvement of a Local Improvement District (LID) which is constructed abutting the owner's property. The bond or deferral agree- ment shall be executed and recorded prior to or as part of approval of the plat; (P) This plat shall be subject to the following notes, which must be placed on the face of the plat: 1. The addresses shown on this plat are accurate as of the date of recording, but may be subject to change. The City of Yakima Building Codes Division is responsible for the confirmation or reassignment of addresses at the time of building permit issuance. 2. The owners shown hereon, their grantees and assignees in interest hereby covenant and agree to retain all surface water generated within the plat on-site; (Q) Irrigation approval is required, and shall be shown on the face of the final plat; (R) A current title report covering the subject property must accompany the final plat; Apple Tree Construction Company, LLC 39 "`7"'71Wri "Plat of the Orchards" Preliminary Plat 2206 S. 96th Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 JUL 202f 268 • (S) Upon preliminary plat approval, the applicant has five years to submit the final plat. If more time is needed, 30 days prior to the expiration of said approval the applicant must submit to the City Council a written request asking to extend the approval period for a maximum period of one year; (T) The City shall not issue any building permits until a copy of the recorded final plat is submitted; and (U) All other requirements of the zoning and subdivision ordinance, although not specifically set forth herein, shall be complied with in their entirety. DATED this 30th day of July, 2026. I►1_ Gary M. Cu Tier, Hearing Examiner Apple Tree Construction Company, LLC 40 "Plat of the Orchards" Preliminary Plat 2206 S. 96''Ave. & 9905 Occidental Rd. PLP#002-26 and SEPA#004-26 269 PLAT OF THE ORCHARDS N [A PORTION OF THE 9OUTHE.ST IN.'.rC T 17N TE —/`1 ` TOT MHENIP T3 WJ�ITH.RHM7E T7 EART.T M 1 ra 1 •PIPET ?ice Tp s.s' I ' TI g y I gig wk. . SITE ,t..Cearxrm i I . - - I j'f / j N vlclN Tr MAP TQ. 1 / /7/ 1 ..////,?//',..' ; 10746 EN APRO22025 7.- MY OF'Mum., FLAMING ON. c-- En tall. f . +AS L 44 _'j Ir'- I+ a"""} I I ENGINEEWSJRVEVOR DEVELOPER Vi or %1 HLA E NGEYEB0 IG ILWI) MM.TREE CONSITRUCHOH.1.6 b R - .,. sI.IR'Fzr7Ns INCQ7 . C x66u RTGM ROAD d .•:::... .0 ta.Imso6123 N[Gwr+cen Iona. 20E4 WEER ROAD YAJEML WA NE} J Y Mr Y M. E.In 1 IW04 SIt6.PW 1 ]1,.L[S YN{M0.N OMI JOIN BORTON{IEf10.54.1PS w �m1� TM FRIIT.PE 9U.NE ROOERB WO)EUIW4 UM.R1 II r..1..oPo Ms mw0 m.o.uPm�ur o�ru'.wea ICI FRIES. E E J9N KAi0.II9TB]WainOt CITY OF YAKIMA-LOCAL ACCESS(RESIDENTIAL} i....... ai.' a V OIL r II.a m mo,Jz.Tuo Cl. 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