BEFORE THE PLANNING COMMISSION
OF
YACHATS, OREGON
Request for 15-Lot Subdivision
Order #1-S-PC-04
Applicant: Tomas C. Rodovsky & Larry D. Spencer, dba: Pacific 101 Development, LLC
FINDINGS AND CONCLUSION
Nature of the Application
The request is for a fifteen (15) lot subdivision. The proposed 15 lot subdivision includes a new
east-west oriented street (Wind Song Street) that connects to King Street. Twelve (12) 8,500
square foot lots are proposed to front the new Wind Song Street. At the eastern terminus of
Wind Song Street is a new north-south Elk Mountain Road that is proposed to be part of a future
north-south road that extends both north and south of the subject property. Three lots are
proposed east of Elk Mountain Road. Two lots are proposed to be 13,000 square feet each. The
eastern-most lot totals 149,003 square feet lot and is identified as a possible Phase 2
development.
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 at 1302 and 1364 King Street (east side of King Street) and
further identified on Lincoln County Assessors Map #14-12-26BB as tax lots 1200 and 1300.
B. The property is zoned R-1 Residential with a Comprehensive Plan Map designation of
Residential.
C. The two lots total 6.88 acres. Tax lot 1200 totals 3.42 acres and tax lot 1300 totals 3.46
acres.
D. There are no existing structures on the subject property.
E. Single family dwellings are located north, south, and west of the subject property along the
King Street frontage. Land east of the single family dwellings along King Street is
undeveloped. The recently approved 30-lot Black Stone Subdivision is located two
properties south of the proposed 15-lot subdivision.
F. Existing access to the subject property is from the King Street frontage.
G. Existing water and sewer services are available within the adjacent King Street right-of-way.
Water service is proposed to be provided by the planned Black Stone Subdivision water tank.
Sanitary sewer service is proposed to connect to the existing King Street sewer line. Water
and sewer services for the proposed development will need to be coordinated and approved
by both Yachats Public Works and the Yachats Rural Fire Protection District.
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H. The City’s Natural Hazard map identifies the western and far eastern portions 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 November 16, 2004
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 November 16, 2004 are hereby incorporated into the findings for City of
Yachats, Case File #1-S-PC-04.
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)1. YRFPD needs to be assured that adequate clearance (width) for emergency vehicle access
is provided on Wind Song Street. More detail is needed, i.e. sidewalk width, on-street
parking, and travel lane widths.
2. On street parking restrictions are needed near the street intersections.
C. Oregon Department of Transportation (ODOT) – ODOT has no concerns with this
proposal. The proposed development should not have any effect on Highway 101.
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.
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
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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.
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.
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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.
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.
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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
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:
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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.
Standard
Lot Area
Lot Width
Corner Lot Width
Lot Depth
Street Frontage
Code Requirement
Lots 1-12
Lots 13-14
Lot 15
7,500 sq. ft.
60 ft.
65 ft.
80 ft.
25 ft. unless approved by
Planning Commission
8,500 sq. ft.
100 ft.
100 ft.
85 ft.
100 ft.
13,000 sq. ft.
100 ft.
NA
130 ft.
100 ft.
149,003 sq. ft.
200 ft.
NA
742 ft. avg.
20 ft.
easement
One standard discussed by the Planning Commission was the proposed 20 foot easement for
access to Lot #15. A 25 foot street frontage is required unless the Commission approves a
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reduced width. The Planning Commission determined that the proposed 20 foot easement to
Lot #15 is adequate.
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. This location may, or may not, be within the Elk Mountain Road right-ofway.
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
should 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.
(1) King Street will be the primary access to the newly created lots. King Street
connects to Highway 101 north of the subject properties and south of the subject
properties via 9th Street. King Street has an approximate paved width of 12 feet
which is an inadequate width for two vehicles. The exception to this 12 foot width is
from Highway 101 east to where it turns south where the existing pavement width is
20 feet (along the south side of the cemetery).
It is city staff’s understanding that several years ago the City agreed not to widen
King Street, largely due to the neighboring property owners’ requests to keep the
narrow width so traffic speeds would be reduced. Staff identifies three possible
options regarding King Street and development of the Sunset Heights Subdivision:
(a) Do not require the developer to make any immediate or future off-site
improvements to King Street;
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(b) Require the developer to widen King Street to a 20 foot width for approximately
500 lineal feet from the subject site north to where King Street currently has a 20
foot width (where it turns west towards Highway 101);
(c) Have the developer enter into an agreement not to remonstrate against the future
formation of a Local Improvement District to widen King Street. The Planning
Commission determined that this options shall be made a condition of the
subdivision approval.
(2) Wind Song Street is proposed to have a 30 foot right-of-way with a 22 foot paved
street. The Planning Commission determined that this right-of-way width and
pavement width are adequate pending final approval by the Yachats Rural Fire
Protection District.
On-street parallel parking may be allowed on one side of the street with the above
described street section however, YRFPD will need to approve this, ensuring that
adequate emergency vehicle access is maintained.
(3) Elk Mountain Road. 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.
The proposed Elk Mountain Road identified on the applicant’s site plan is a critical
link in providing a new north-south road that will serve properties north of 10th Street.
This proposed subdivision development, in combination with the recently approved
Black Stone Subdivision (Case File #1-S-PC-03) and the recently approved Pruett
Partitions (Case Files #2-PAR-04 and #3-PAR-04), provide the opportunity for the
new Elk Mountain Road to be constructed from the north end of Hanley Drive to the
new Wind Song Street which connects to King Street. Elk Mountain Road shall be
stubbed to the northern property line of the Sunset Heights Subdivision for future
connection to the north. Due to topographic challenges, the exact location of Elk
Mountain Road has not been determined. Approval of the Sunset Heights
Subdivision should be conditioned to include final engineering plans and construction
of Elk Mountain Road from the north end of Hanley Drive north through the Black
Stone Subdivision, Pruett Properties, and Sunset Heights Subdivision. The City is not
responsible for the design or construction of Elk Mountain Road. It should be the
responsibility of the Sunset Heights developer to collaborate with the other property
owners for the design and construction of Elk Mountain Road. This includes
collaboration with the property owner of land north of Sunset Heights Subdivision as
well as the property owners/developers of the Black Stone Subdivision and Pruett
properties.
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 front, 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.
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e. Blocks. No block shall be longer than one thousand two hundred (1,200) feet between
street lines. Proposed Wind Song Street is approximately 600 lineal feet.
f. 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 final subdivision plan should include the
East Side Trail connection through the subject property. The pathway should be safe,
well-marked, and not conflict with vehicular traffic.
g. Lots and Parcels. Each lot has a minimum 25 feet of street frontage with side lines
perpendicular to the adjacent street with the exception of proposed Lot #15 which has a
20 foot easement through Lots #13 and #14. A 25 foot street frontage is required unless
the Planning Commission grants otherwise. The Planning Commission determined that a
20 foot easement is adequate for access to Lot #15.
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.
h. 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 does not designate any land for park and recreation
purposes. However, the applicant has stated the following in the application narrative:
 the steepest grade may be dedicated for future public use in Phase 2;
 an easement may be recorded in Phase 2, giving access to Elk Mountain Park;
 future Phase 2 development may include a natural trail for Elk Mountain Park;
 Phase 2 may include a large strip of land which is the steepest by grade, and may be
dedicated for public use. This project would be called Elk Mountain Park, and may
be coordinated with the adjacent Black Stone project.
Phase 2 refers to the large remaining Lot #15.
The Planning Commission requires the applicant to submit a plan for Phase 2
development including identification of Elk Mountain Park and pedestrian trails prior to
or at the time a subdivision plat is submitted for review and approval by the City. As
stated by the applicant, the Elk Mountain Park project may be coordinated with the Black
Stone project. Coordination with the Black Stone project and Pruett properties could
result in a contiguous Elk Mountain Park project that includes connected pedestrian trails.
i. 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. As stated in the application, Lot #15 is
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identified for future Phase 2 development. A sketch identifying streets and access, lots,
Elk Mountain Park, and pedestrian trails shall be required prior to or at the time a
subdivision plat is submitted for review and approval by the City.
j. 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, will need to 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.
k. 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, will need to 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.
Conclusions
Based on the above facts and findings, the Yachats Planning Commission finds:
A. The site under consideration is suitable for the proposed fifteen (15) 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.
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Order
It is ORDERED by the Yachats Planning Commission that Case File #1-S-PC-04 for the
requested fifteen (15) lot 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. Phase 2. Prior to or at the time a subdivision plat is submitted to the Planning Commission,
the developer shall provide a sketch of Phase 2 (Lot #15) identifying streets and access, lots,
Elk Mountain Park, and pedestrian trails.
3. King Street. The developer shall enter into an agreement with the City not to remonstrate
against the future formation of a Local Improvement District to widen King Street. This
agreement applies to the entire Sunset Heights Subdivision and will be described in a deed
for each lot.
4. Wind Song Street. Wind Song Street shall have a minimum 30 foot right-of-way with a 22
foot wide paved surface with parking only allowed on one side of the street as approved by
the Yachats Rural Fire Protection District.
5. Elk Mountain Road. Development shall include final engineering plans and construction of
Elk Mountain Road from the north end of Hanley Drive north through the Black Stone
Subdivision, Pruett Properties, and Sunset Heights Subdivision. Elk Mountain Road shall be
stubbed to the north property line of the subdivision for future extension.
It is the responsibility of the Sunset Heights developer to collaborate with the other property
owners for the design and construction of Elk Mountain Road. This includes collaboration
with the property owners/developers of the Black Stone Subdivision and Pruett properties to
the south, and with the property owner/developer of land adjacent to the north of Sunset
Heights Subdivision. At the time the final subdivision plat is submitted to the Planning
Commission, the developer shall provide a site plan showing the proposed Elk Mountain
Road alignment and topography (slope), and a description of responsibility for construction
of Elk Mountain Road from the Blackstone Subdivision north to the Sunset Heights
Subdivision.
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Case File #1-S-04 Sunset Heights Subdivision
Findings and Conclusion
6. Pathway. A north-south oriented public pathway shall be constructed along Elk Mountain
Road or nearby vicinity through the subject properties with stub out allowing future
extension to the north. 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.
7. 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.
8. 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.
9. Five-foot easements shall be provided on the front, 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.
10. All lots and parcels shall satisfy minimum R-1 lot area, width and depth requirements.
11. Common areas, as to be shown on the final subdivision plan to be reviewed and approved
by the Planning Commission, shall be dedicated as open space/common area.
12. 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.
13. All utilities shall be placed underground by the developer, i.e. electric and telephone
facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar
facilities.
This ORDER was presented to and approved by the Yachats Planning Commission on January
18, 2005.
Lawrence Musial, Yachats Planning Commission Chair
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Date
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