BEFORE THE PLANNING COMMISSION OF YACHATS, OREGON Request for 14-Lot Subdivision Order #1-S-PC-05 Applicant: Jonathon Monschke, Tomas C. Rodovsky, and Larry D. Spencer FINDINGS AND CONCLUSION Nature of the Application The applicant proposes to develop a 14 lot single family subdivision with common area known as Black Stone II Subdivision. Ten (10) lots are proposed to be accessed from Horizon Hill Road from the Black Stone I Subdivision to the south. Four (4) lots are proposed to be accessed off the planned Elk Mountain Road. A new local access road is planned that would connect the extended Horizon Hill Road to Gimlet Lane in the Black Stone I Subdivision. Relevant Facts The following is a summary of the facts and testimony found to be relevant to this decision. A. The subject property is located east of King Street and further identified on Lincoln County Assessors Map #14-12-26BB as tax lots 1200, 1300, 1501 and 1601. B. The property is zoned R-1 Residential with a Comprehensive Plan Map designation of Residential. C. The land area of the proposed Black Stone II Subdivision totals 7.85 acres or 341,897 square feet. 112,530 sq. ft. (33%) is proposed as park land; 39,788 sq. ft. (12%) as public right-ofway; and 189,581 sq. ft. (55%) in total lot area. D. There are no existing structures on the subject property. E. Surrounding land is primarily undeveloped with some single family residential uses located west of the subject property. The 30-lot Black Stone (I) Subdivision is located adjacent to the south and the approved 17-lot Sunset Heights Subdivision is located adjacent to the west. F. Existing access to the four westerly lots is proposed to be from Elk Mountain Road which is accessed from the Black Stone (I) Subdivision to the south and from the Sunset Heights Subdivision to the north. The 10 lots on the upper easterly portion of the subject property are proposed to be accessed via an extended Horizon Hill Road from the Black Stone (I) subdivision to the south. An new local access road is proposed to connect the extended Horizon Hill Road to Gimlet Lane in the Black Stone (I) Subdivision. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 1 of 1 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion G. Water and sewer services are proposed to be extended from the proposed subdivision to recently approved water and sewer systems in the Black Stone I and Sunset Heights Subdivisions. Water, sewer, and storm drainage design and facilities for the proposed development will need to be coordinated and approved by both Yachats Public Works and the Yachats Rural Fire Protection District. H. The City’s Natural Hazard map identifies the far eastern portion of the site as having a slope ranging between 12% and 30% with a large portion of the site having slopes exceeding 30%. I. The applicant submitted the subdivision application form, fee, preliminary plan, narrative addressing application requirements, and a topographic map for the western portion of the property, which is herein incorporated as part of the Findings and Conclusion. J. A public meeting was held before the Yachats Planning Commission on August 16, 2005 at 7:00 p.m. in order to consider the applicant’s request. Due notice of the meeting was given and all interested parties were given an opportunity to present testimony. K. Written and oral testimony was provided. Testimony primarily addressed concerns about additional traffic on King Street and drainage resulting from the proposed development. The written testimony and minutes of the public hearing held before the Yachats Planning Commission on August 16, 2005 are hereby incorporated into the findings for City of Yachats, Case File #1-S-PC-05. Public Agency Comments A. Yachats Public Works – More detail is needed in regards to water and sewer, i.e. water pump station or stations; where from and need for larger reservoirs for sustained fire flow, etc. Sewer generated by potential home sites impact existing capacity in downstream system. This needs to be addressed. B. Yachats Rural Fire Protection District (YRFPD)YRFPD stated that the extended Gimlet Lane needs to be an all-weather surface, i.e. chipseal, asphalt, etc., for the entire length in order to accommodate emergency vehicles and to accommodate motorists who have to use Gimlet Lane in case of an emergency. YRFPD is requesting that two streets be renamed. 1) that Gimlet Lane possibly be changed to Horizon Hill Road and; 2) that Elk Mtn. Road be changed to Elk Park Road or another name because there is an existing Elk Mtn. Road that does not connect to this proposed road. Relevant Yachats Municipal Code Criteria A. Chapter 9.12. R-1 Residential Zone (applicable criteria) 9.12.020 Permitted uses: One single family dwelling per tax lot. 9.12.040 Standards: 1. The minimum lot area shall be 7,500 square feet when the lot is served by both a public water supply and public sewage system. 2. The minimum lot width at the front building line shall be 60 feet for an interior lot and 65 feet for a corner lot when the lot is served by both a public water supply and public sewage system. 3. The minimum lot depth shall be 80 feet. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 2 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion B. Chapter 9.52 Supplementary Use and Design Regulations 9.52.050 Hazard Areas. A. Responsibility shall fall on the developer to ensure proper safeguards are taken when developing in any hazard zone whether earthquake, fault lines, landslide, erosion or flood hazard areas. The city accepts no liability. Prior to development the following shall be required: 1. On slopes of zero to eleven (11) percent: development is allowed without special review. 2. Prior to any development of areas identified on the natural hazards map as having slopes of twelve (12) percent to thirty (30) percent, or thirty (30) percent and over the planning commission or its designated representative shall be provided an affidavit from a state of Oregon registered land surveyor showing the site specific slope conditions on the property prior to any excavation, grading or other changes in site topography. If the affidavit indicates that the slopes on the property are zero to eleven (11) percent, development may be allowed without special review. 3. On slopes of twelve (12) percent and greater: gross excavation or fill of greater than forty (40) cubic yards, removal of more than two thousand five hundred (2,500) square feet of vegetative cover (as measured along the slope), road construction and/or building which entails any fill or excavation on a site shall be subject to conditions, restrictions and recommendations outlined by a site analysis report. This report shall be completed by a state of Oregon registered professional geologist or geotechnical engineer. In addition, the planning commission or its designee may also require that the development adhere to additional standards as provided in writing by the Yachats department of public works. At the completion of the project, the developer shall provide certification from the geological consultant and the Yachats department of public works, stating that the conditions and recommendations of the report and public works have been met. B. Developers of property having a slope of twelve (12) percent or within five hundred (500) feet of a landslide or fault area (as shown on the Hazard Map - Environmental Hazard Inventory, RNKR Associates, 1978; copies of which are on file at City Hall) shall also be subject to the following requirements: 1. A performance bond or other type of acceptable financial instrument shall be posted with the city to ensure short and long term maintenance of site stability and prevention of landslides as a result of the development. The performance bond shall be an amount sufficient to secure completion of site preparation, excavation, fill, grading, drainage, planting, revegetation or site stabilization plans. The amount of such security will be determined after receipt of all information pertinent to the development and prior to final approval of project. 2. The site must be replanted and stabilized in accordance with the recommendations outlined in the geotechnical report. This vegetation must be maintained to ensure the continuous stability of the area. 3. All construction materials shall be stored in such a manner as recommended by the geotechnical report. 4. The geotechnical engineer must be certified that all work has been completed as stated in the report. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 3 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion C. Chapter 9.56 Subdivisions and Partitions Section 9.56.040 Approval of Subdivisions 1. No plat or replat of a subdivision of land in Yachats shall be recorded or have any validity unless and until it has the approval of the Planning Commission or is appealed and subsequently approved by the City Council or by court action. 2. No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision which requires approval per City Code including Chapter 9.56.040.A. or by an ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained from the City and the plat of that subdivision recorded. 3. No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision by reference to or exhibition or other use of a plat (or plan) of such subdivision before the plat for such subdivision has been so recorded. D. Section 9.56.050 General Requirements The following are the minimum requirements and standards to which subdivisions must conform before approval: 1. Conformity to the Comprehensive Plan. All subdivisions shall conform with all adopted portions of the comprehensive plan, zoning ordinance and all other adopted plans. Major streets, parkways, parks and recreation areas, community and neighborhood facilities should be placed in approximately the same locations designated by the Comprehensive Plan. 2. Access. The subdividing of land shall provide each lot or parcel, by means of a public or private road or street, satisfactory vehicular access to an existing street. 3. Relation to Adjoining Street System. A subdivision shall provide for the continuation of the major and secondary streets existing in the adjoining subdivisions and for their proper projection when the adjoining property is not subdivided. If the Planning Commission adopts a plan for a neighborhood of which the subdivision is a part, the subdivision shall conform to such adopted neighborhood or area plan. If, in the opinion of the Planning Commission, topographic conditions make such continuation or conformity impractical, exceptions may be made. When a tract is subdivided into lots of an acre or more, the Planning Commission may require an arrangement of lots and streets such as to permit a later resubdivision in conformance with the street requirements and other requirements contained in these regulations. 4. Private Streets. a) Private streets shall provide access only to abutting lots. No street providing access to other streets or to areas not abutting such streets shall be approved as a private street. b) At such time as a preliminary plan is proposed which includes private streets, all adjacent property owners shall be notified of such proposal and the time and place of the Planning Commission meeting. c) Yard setbacks shall be determined from the road right-of-way or access easement line in instances where private roads are considered. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 4 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion 5. Easements. a) Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of the rear line or side line for necessary utility lines, wires, conduits, storm and sanitary sewers, gas and water. Easements of the same or greater widths may be required along boundary lines or across lots or parcels where necessary for the extension of utility lines, waterways and walkways, and to provide necessary drainage ways or channels. b) A private easement established without full compliance with these regulations may be approved by the Planning Commission provided it is the only reasonable method by which the rear portion of an unusually deep lot or parcel may be provided vehicular access. 6. Blocks. No block shall be longer than one thousand two hundred (1,200) feet between street lines. 7. Public Access Ways. When necessary for public convenience and safety, the Planning Commission may require the land divider to dedicate to the public access ways ten to twenty (20) feet in width to connect to cul-de-sacs, to pass through oddly shaped or unusually long blocks, to provide for a network of public paths according to adopted plans or to provide access to schools, parks, beaches or other public areas, of such design and location as reasonably required to facilitate public use. 8. Lots and Parcels. a) Every lot and parcel shall abut on a street and the frontage of each shall not be less than twenty-five (25) feet, unless the Planning Commission grants otherwise. b) Each side line shall be as close to perpendicular to the adjacent street line or radial to a curved street line as possible. c) Lots or parcels with double frontage shall not be permitted unless, in the opinion of the Planning Commission, an odd shaped tract or existing topography makes such lot or parcel unavoidable. d) Lot and parcel sizes and dimensions shall conform to the requirements for lot size and area of the zoning classification in which the subdivision is located. e) Lots and parcels under twenty-five thousand (25,000) square feet in area must not exceed a depth to width ratio of two and one-half to one. Lots and parcels over twenty-five thousand (25,000) square feet in area must not exceed a depth to width ratio of three and one-half to one. 9. Parks and Open Space. The Planning Commission may require the subdivider to provide up to five percent of the subdivision area for park and recreation purposes. These areas shall be of a design and location acceptable to the Planning Commission, based on the suitability of the area for park and recreation purposes. 10. Partial Development. If a proposed subdivision area includes only part of the tract owned by the subdivider, the Planning Commission may require a sketch of the tentative layout of streets in the remainder of that tract. 11. Duplication of Names. The name of a tentative plan must not duplicate the name used in any other legally recorded subdivision in Lincoln County, except for the words "town," "city," "place," "court," "addition" or similar words, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 5 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion the party files and records the consent of the party that platted the subdivision bearing that name. All plats must continue the block numbers of the plat of the same name last filed. 12. Water. All lots in subdivisions shall be served by a public water system. No plat of a subdivision shall be approved unless the city has received and accepted: a) A certification by the city water superintendent that water will be available from the nearest point of supply; or b) A performance agreement, bond contract or other assurance that a water supply system will be installed by or on behalf of the subdivider to every lot or parcel depicted in the proposed subdivision or partition. 13. Sewer. No plat of a subdivision shall be approved unless the city has received and accepted: a) A certification by the city sewer superintendent that sewage service will be available at the nearest point of collection; or b) A performance agreement, bond, contract or other assurance that sewage disposal lines will be installed by or on behalf of the subdivider to the boundary line of each and every lot or parcel depicted in the proposed subdivision or partition; c) Where no sewerage service is available, the Department of Environmental Quality or county health department shall approve the proposed method of sewage disposal adequate to support the proposed use of the land for the subdivision. A statement that no sewerage service is available and that the proposed method of sewage has been approved will be provided to the purchaser of each lot or parcel in the proposed subdivision. A copy of any such statement signed by the subdivider and endorsed by the Planning Commission chair shall be filed by the subdivider with the real estate commissioner. 14. Performance Agreement. If all improvements required by the Planning Commission and this title are not completed according to specifications as required herein prior to the time the plat is duly submitted for consideration and approval, the Planning Commission may accept in lieu of the completion of improvements a performance agreement or bond executed by the subdivider and his or her surety company with the City Council conditioned upon faithful performance and completion of all such improvements within a period of time stated in such performance agreement and approved by the Planning Commission. 15. Pedestrian Ways. Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic. Findings The following is a summary of the Planning Commission findings: 1. R-1 Standards. The following table identifies required and proposed lot area, width, depth, and street frontage requirements. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 6 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion Standard Lot Area Lot Width Corner Lot Width Lot Depth Street Frontage Code Requirement Lots 1-10 (Easterly Lots) Lots 11-14 (Westerly Lots) 7,500 sq. ft. 8,740 – 20,460 sq. ft. 60 ft. 65 ft. 80 ft. 25 ft. unless approved by Planning Commission Min. 100 ft. Min. 100 ft. Min. 85 ft. Min. 100 ft. 11,968 – 18,862 sq. ft. Min. 100 ft. NA Min. 100 ft. Min. 100 ft. 2. Hazard Areas. The subject properties are identified on the City’s Natural Hazards Map as having slopes exceeding 12%. Prior to development a geotechnical engineer shall provide a site analysis report in accordance with Yachats Municipal Code Section 9.52.050. 3. Subdivisions and Partitions – General Requirements. a. Conformity with the Comprehensive Plan. The transportation component is a primary element of the Comprehensive Plan. The Yachats Village Circulation is the transportation component of the Comprehensive Plan. The Village Circulation Plan identifies the future development of the East Side Trail through the subject property. The East Side Trail is proposed to eventually extend east from the Highway 101/Elk Mountain Road intersection near the north end of the city, then south to the Highway 101/Prospect Street intersection. The pathway through the subject properties needs to be located to ensure that future trail extensions both north and south of the subject properties are feasible. The Comprehensive Plan identifies the need for protection from natural hazards and disasters. The subject property is in an area identified on the City’s natural hazards map as having steep slopes. Development on steep slopes requires an evaluation and recommendations of a geotechnical engineer. The Comprehensive Plan identifies the provision of adequate public services, i.e. water, sewer, storm drainage, streets, and pedestrian ways. Final approval of any subdivision shall include final engineering plans that are reviewed and approved by the Yachats Public Works Department and Yachats Rural Fire Protection District. b. Access. The subdividing of land shall provide each lot or parcel, by means of a public or private road or street, satisfactory vehicular access to an existing street. The preliminary subdivision plan shows adequate street frontage to each lot. c. Relation to Adjoining Street System. A subdivision shall provide for the continuation of the major and secondary streets existing in the adjoining subdivisions and for their proper projection when the adjoining property is not subdivided. (1) Horizon Hill Road Extension. There have been concerns in the past regarding the lack of a secondary access to homes on Horizon Hill Road. There has also been a concern about the condition of the existing Horizon Hill Road. The proposed plan provides a secondary access to Horizon Hill Road. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 7 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion The proposed development provides future potential for Horizon Hill Road to extend to the north and connect to the existing or planned road system in the northeast section of the city. Approval of this proposed subdivision should include a provision that the right-of-way of Horizon Hill Road shall extend to the north property line to allow for this future potential road extension. (2) Gimlet Lane. Gimlet Lane will be a steep road due to topographic conditions. There is a question whether or not this Gimlet Lane can be constructed with slopes that will allow for regular local traffic, or if it would only accommodate emergency vehicles. Every effort should be made to make this connecting road accessible to local traffic. The ability to accommodate local traffic would alleviate increased traffic on the existing portion of Horizon Hill Road. Yachats street design standards allow for a road to have a maximum slope of 20% however, a reduced slope is preferred. YRFPD has requested that Gimlet Lane have an all-weather surface and Yachats Public Works has requested an asphalt surface. The ‘Gimlet Lane’ name needs to be approved by the Yachats Rural Fire Protection District. (3) Elk Mountain Road. The proposed Elk Mountain Road identified on the applicant’s site plan will provide a continuous roadway from Hanley Drive to the planned Wind Song Street in the Sunset Heights Subdivision. Approval of the Black Stone II Subdivision shall be conditioned to include final engineering plans and construction of Elk Mountain Road connecting to both the Black Stone (I) Subdivision adjacent to the south and the Sunset Heights Subdivision adjacent to the north. The ‘Elk Mountain Road’ name needs to be approved by the City and Yachats Rural Fire Protection District. YRFPD has expressed concern that Yachats has an existing road named Elk Mountain Road. d. Easements. Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of the rear line or side line for necessary utility lines, wires, conduits, storm and sanitary sewers, gas and water. Easements of the same or greater widths may be required along boundary lines or across lots or parcels where necessary for the extension of utility lines, waterways and walkways, and to provide necessary drainage ways or channels. Easements shall be provided on the rear and sides of properties. Additional easements, e.g. for pathways and utilities, may be required and should be identified on the final subdivision plat. e. Public Access Ways and Pedestrian Ways. The Planning Commission may require the land divider to dedicate to the public access ways ten to twenty (20) feet in width to connect to cul-de-sacs, to pass through oddly shaped or unusually long blocks, to provide for a network of public paths according to adopted plans. Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic. The Comprehensive Plan/Village Circulation Plan identifies a public access way (East Side Trail) through the subject property. The Black Stone II plan identifies a public nature trail through the proposed Elk Park Addition. Approval of the subdivision shall include a condition to construct the public nature trail. The pathway shall be safe, well- APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 8 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion marked, not conflict with vehicular traffic, and connect to the trail system to the north and south. f. Lots and Parcels. Each lot has a minimum 25 feet of street frontage with side lines generally perpendicular to the adjacent street. No lots are proposed to have double frontage. Each lot satisfies the minimum R-1 7,500 square foot area requirement. Each lot is proposed to satisfy the 60 foot interior lot width, 65 foot corner lot width, and 80 foot depth. Each proposed lot satisfies the maximum lot depth-to-width ratios. g. Parks and Open Space. The Planning Commission may require the subdivider to provide up to five percent of the subdivision area for park and recreation purposes. These areas shall be of a design and location acceptable to the Planning Commission, based on the suitability of the area for park and recreation purposes. The preliminary subdivision plan identifies the 112,530 square foot ‘Addition to Elk Mountain Park’ which connects to the existing Elk Park within the Black Stone (I) Subdivision and the planned open space in the Creekside Planned Development to the north. h. Water. All lots shall be served by the City’s public water system. No plat of a subdivision shall be approved unless the city has received and accepted either a 1) A certification by the city water superintendent that water will be available from the nearest point of supply; or 2) A performance agreement, bond contract or other assurance that a water supply system will be installed by or on behalf of the subdivider to every lot or parcel depicted in the proposed subdivision or partition. Final engineering plans for water services, prepared by the applicant, shall be reviewed and approved by the Yachats Public Works Department and Yachats Rural Fire Protection District (YRFPD). The applicant/developer shall be responsible for any costs the City incurs to have an engineer, acting on behalf of the City, review the final engineering plans. i. Sewer. No plat of a subdivision shall be approved unless the city has received and accepted either 1) A certification by the city sewer superintendent that sewage service will be available at the nearest point of collection; or 2) A performance agreement, bond, contract or other assurance that sewage disposal lines will be installed by or on behalf of the subdivider to the boundary line of each and every lot or parcel depicted in the proposed subdivision or partition; Final engineering plans for sewer services, prepared by the applicant, shall be reviewed and approved by the Yachats Public Works. The applicant/developer shall be responsible for any costs the City incurs to have an engineer, acting on behalf of the City, review the final engineering plans. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 9 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion Conclusions Based on the above facts and findings, the Yachats Planning Commission finds: A. The site under consideration is suitable for the proposed fourteen (14) lot subdivision considering the conceptual design and location. B. The proposed use and site plan are compatible with existing and projected uses on surrounding lands. C. The use does not create a public nuisance or an unreasonable hazard to health or property because of excessive noise, smoke, odor or dust, and does not constitute an unusual fire, explosion or other physical hazard. D. This application and conceptual plan satisfy the provisions of the Yachats Municipal Code and Comprehensive Plan. Order It is ORDERED by the Yachats Planning Commission that Case File #1-S-PC-05 for the requested fourteen (14) lot Black Stone II Subdivision be and is hereby approved. Said approval is subject to the following conditions: 1. Subdivision Plat. Within two years after the approval of the preliminary plan becomes effective, a subdivision plat and one exact copy shall be submitted to the Planning Commission. The subdivision plat shall conform to surveying requirements in ORS 92.050 through 92.080 and the Lincoln County surveyor's plat standards. The plat shall be recorded with the Lincoln County Surveyors Office. In addition to the information as required on the preliminary plan, and the information required by ORS 92, the following information shall be provided with the plat: a. A copy of all covenants and protective deed restrictions; b. The certification, performance agreement or statement regarding the availability of water and sewerage services as provided in Section 9.56.050; c. Copies of legal documents relied upon by the Planning Commission for dedication of public facilities or for the creation of a nonprofit homeowners association; d. An affidavit with the seal of and signed by the registered surveyor responsible for the land survey and final plat, as required by ORS 92.070; e. Such additional information as the Planning Commission deems necessary for conformance with conditions of preliminary plan approval. 2. Horizon Hill Road. Horizon Hill Road shall have a 50 foot right-of-way with a minimum 20 foot pavement width and approval from Yachats Public Works and the Yachats Rural Fire Protection District (YRFRPD). Horizon Hill Road does not need to be stubbed at the north property line, but land extending to the north property line shall be dedicated as public rightof-way and reserved for possible extension in the future. 3. Gimlet Lane. Gimlet Lane shall have a minimum 40 foot right-of-way with a minimum 16 foot wide asphalt road and public walk surface, and maximum 20% slope. The street name shall be approved by YRFPD and the City. APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Page 10 of 11 Case File #1-S-05 Black Stone II Subdivision Findings and Conclusion 4. Elk Mountain Road. Development shall include final engineering plans and construction of Elk Mountain Road from the north end of the Black Stone I subdivision to the south end of the Sunset Heights Subdivision. Elk Mountain Road shall have a 50 right-of-way and minimum 20 foot pavement width and approval from Yachats Public Works and the Yachats Rural Fire Protection District (YRFRPD). The street name shall be approved by YRFPD and the City. 5. Pathway. A north-south oriented public nature trail shall be constructed through the Elk Park Addition and connect to the planned pathway at the north end of the Black Stone I subdivision and the south end of the Sunset Heights Subdivision. The pedestrian pathway shall be a minimum six feet wide and ADA accessible unless topographic constraints prevent handicapped access. The pathway shall be safe, well-marked, and not conflict with vehicular traffic. 6. Geotechnical Report. Final constructions plans for streets, pathways, water, sewer, storm drainage, and other infrastructure shall be in accordance with recommendations of a geotechnical report. Prior to construction, the geotechnical engineer shall provide a certification to the City of Yachats certifying that the subdivision plans are in accordance with the recommendations of the geotechnical report. 7. Final Construction Plans. Prior to construction, final construction plans for adequate public services including water, sewer, storm drainage, streets, and pedestrian ways shall be submitted to the City and the Yachats Rural Fire Protection District for review and approval. The applicant/developer shall be responsible for any costs the City incurs to have an engineer, acting on behalf of the City, review the final engineering plans. 8. Five-foot easements shall be provided on the rear and sides of properties. Additional easements, e.g. for pedestrian access, utilities, or emergency vehicle access, shall be identified on the final subdivision plat. 9. All lots and parcels shall satisfy minimum R-1 lot area, width and depth requirements. 10. Common areas, as to be shown on the preliminary and final subdivision shall be dedicated as open space/common area. 11. Prior to construction, the applicant shall provide a performance agreement, bond, contract or other assurance that water service and sewage disposal lines shall be installed by or on behalf of the subdivider to the boundary line of each and every lot or parcel depicted in the proposed subdivision. This ORDER was presented to and approved by the Yachats Planning Commission on September 20, 2005. Lawrence Musial, Yachats Planning Commission Chair APPS SUBDIVISIONS/#1-S-PC-05 BLACK STONE II/FINDINGS & CONCLUSION Date Page 11 of 11