City of Yachats Land Use Information Sheet Index Yachats Municipal Code

PLANNED UNIT DEVELOPMENT INFORMATION

The purpose of the P.U.D. is to permit the application of the new technology and greater freedom in design in land development than may be possible under a strict interpretation of the provisions of the current planning and zoning code. The use of these provisions is dependent upon the submission of an acceptable plan and satisfactory assurance it will be carried out. Such plan should accomplish substantially the same objectives as are proposed by the comprehensive plan for the area.

In the case of a Planned Unit Development the regulations contained in the zoning code may, if necessary, be modified as they apply to streets, blocks and lots when adequate access to major thoroughfares, adequate light and air circulation, recreational areas, open space and lot area per dwelling are provided.

A PUD requires a public hearing. The public hearing will be held within 45 days after the meeting at which the preliminary plan is first reviewed by the Planning Commission.

A Planned Unit Development may be established in any zone.

A Planned Unit Development may include any uses permitted outright or conditionally in the zone in which it occurs.

Requirements pertaining to area, density, yards, or similar dimensional standards shall be guided by the standards of the zone in which the Planned Unit Development is proposed.

No building shall exceed a height of 30 feet except:

• That the height increase can be justified on the basis of unique lot characteristics, topographical conditions or other natural features, and/or,
• That the height increase can be justified on the basis of amenities provided or concessions made by the developer for which some bonus incentive is warranted.

A Planned Unit Development shall have a minimum of three (3) contiguous acres for R-1 & R-2 residential with the exception of R-3, R-4 and C-1 which can have one (1) acre for commercial.

The average residential lot size in the subdivision (building site areas plus common areas, divided by the number of dwelling units) must be equal to or greater than the minimum lot area of the zone in which it is located.

At least forty (40) percent of the land area will dedicated or reserved as usable common "outdoor living" and " open space" land in residential, recreational, or combination residential-commercial development, exclusive of required streets.

In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring, conduits and similar facilities shall be placed underground by the developer unless waived by the Planning Commission.

The Planning Commission or City Council may require easements necessary for orderly extension of public utilities to future adjacent developments.

Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests must be subject to an association of owners of tenants created to form a non-profit corporation under the laws of the State of Oregon. Said association shall be formed and continued for the purpose of maintaining such common areas and structures.

Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic.

Application Procedure:

Prior to preparing a preliminary plan of partition or subdivision the owner should discuss the proposed division with the City Planner. The developer and the Planner should discuss the implication of the zoning; availability of water and sewer service; street construction requirements; topography of site; and all other factors affecting the division of the property.

Once the code standards and requirements have been reviewed and the preliminary plan prepared, the plan, together with a completed application and fee are submitted to the City Recorder. Please make sure the application and all supporting information is complete. An incomplete application will not be accepted.

Once the application is submitted, copies are distributed to appropriate agencies and City departments for review, comments, and recommendations. The City Planner reviews the plan and application, along with any responses from the agencies, and prepares a staff report for use by the Planning Commission.

Review Procedure:

The application is placed on the Planning Commission meeting agenda. The applicant will be notified of the date and time of the meeting so they may be present.

Within 5 days after the P.U.D. application is submitted and prior to consideration of the preliminary plan by the Planning Commission the City Recorder shall distribute copies of the preliminary plan to the City department of Public Works, the Yachats Rural Fire Protection District, the Oregon State Highway Department (if within one thousand (1,000) feet of a state highway, and to any other appropriate federal, state, or local agencies. Officials of these agencies shall be given at least 10 days to review the plan, suggest revisions, and return the plans to the planning Commission.

When all comments and recommendations from appropriate agencies or departments have been received or within 45 days after receiving the application as provided for in the current code, whichever date shall occur first, the city staff shall place the preliminary plan on the agenda of the next scheduled meeting of the Planning Commission and notify the applicant of the meeting date and time. Following consideration of the preliminary plan, the replies from the other agencies and departments and such other testimony offered, the Planning Commission shall schedule a hearing within 45 days. At the conclusion of the hearing, the Planning Commission shall approve, conditionally approve, disapprove for cause or, when further information is required, postpone a decision on the preliminary plan. Unless appealed, the decision of the Planning Commission shall become effective on the 31^st day after rendered. The approval or conditional approval is valid for two years from the effective date of that approval.

If the preliminary plan for the Planned unit Development is approved, the Planning Commission (or City Council in the case of appeal) may attach conditions it finds necessary to carryout the purpose of the current planning and zoning code.

Submitting the Map:

Within one year after the approval of the preliminary plan, a map of the P.U.D. may be submitted to the Planning Commission for approval. The map shall be a survey of the P.U.D. or a photographic copy thereof. Maps shall be in substantial conformity to the approved preliminary plan and conditions of approval.

In addition to the information as required on the preliminary plan the following information shall be provided:

• Accurate legal description of all parcels and roads.
• The deed dedicating to the public all common improvements, including but not limited to streets and roads, the donation of which was made a condition approval of the preliminary plan for the streets and roads, the donation of which was made a condition of approval of the preliminary plan for the P.U.D.
• A copy of all protective deed restrictions.
• Street and drainage construction plans.
• The certification, performance agreement or statement regarding the availability of water and sewerage services as provided in the code.
• The location of the approved site for the septic system if applicable.

Map Approval:

Within 10 days of the receipt of a P.U.D. map as provide in the current planning and zoning code the city staff shall refer the map to the map to the Planning Commission for decision. The applicant shall be notified in writing of the time and place of the Planning Commission meeting. Unless appealed, the decision shall become effective on the 31^st day after rendered. When the approval becomes effective, the City recorder shall endorse his/her approval on the map. The map shall then be recorded in the offices of the County Clerk, with a copy of the certified map retained by the city. Approval if the submitted map shall be considered as final when properly endorsed and recorded.

Performance Agreement:

If all improvements required by the Planning Commission and the current planning and zoning code are not completed according to specifications as required herein prior to the time the plat or map is duly submitted for consideration and approval, the Planning Commission may accept in lieu of said completion of improvements a performance agreement or bond executed by the developer and his 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.

Development of a PUD:

Building Permits:

Building permits for all or any of a Planned Unit Development shall be issued on the basis of the approved plan. An application for a building permit shall be preceded or accompanied by submission of any required bonds or deeds for public dedication or contractual agreements for development of public facilities.

If no building permits have been issued within two (2) years of the date of final approval of the Planned Unit Development, the P.U.D. shall be terminated automatically unless a request to extend the time limit is approved by the City Council.

Abandonment:

Upon abandonment of a particular development authorized under this section, or if the development has not been substantially completed within five (5) years from the date of its final approval, the City Council may determine that the granting of approval shall be nullified.

Parks and Open Spaces:

The Planning Commission may require the developer to provide up to five percent of the P.U.D. area for park and recreation purposes. These areas shall be of design and location acceptable to the Planning Commission, based on the suitability of the area for park and recreation purposes.

Partial Development:

If a proposed P.U.D. area includes only part of a tract owned by the subdivider, the Planning Commission may require a sketch of the tentative layout of streets in the remainder of that tract.

Duplication of Names:

The name of a tentative plan must not duplicate the name used in any other legally recorded P.U.D. 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 P.U.D. bearing that name, or unless the party files and records the consent of the part that platted the P.U.D. bearing that name. All plats must continue the block numbers of the plat of the same name last filed.

Water:

All lots in the P.U.D. shall be served by the a public water system. No plat or map of a P.U.D. shall be approved unless the city has received and accepted:

• A certification by the City Water Superintendent that water will be available from the nearest point of supply; or
• A performance agreement, bond, contract or other assurance that a water supply system will be installed by or on behalf of the developer to the boundary line of each and every lot or parcel in the P.U.D.

Sewer:

No plat or map of a P.U.D. shall be approved unless the city has received and accepted:

• A certification by the City Sewer Superintendent that sewage service will be available from the nearest point of collection; or
• A performance agreement, bond, contract or other assurance that sewage disposal lines will be installed by or on behalf of the developer to the boundary line of each and every lot or parcel depicted in the proposed P.U.D..

Where sewerage service is not available, the Department of Environmental Quality or County Health Department shall approve the proposed use of the land for the P.U.D.. A statement that public sewerage service is not available, and that the proposed method of sewage disposal has been approved will be provided to the purchaser of each lot or parcel in the proposed P.U.D.. A copy of any such statement signed by the developer and endorsed by the Planning Commission Chairman shall be filed by the developer with the Real Estate Commissioner.

To review the Code see Section 9.60

Planned Unit Development Application Form

City of Yachats Land Use Information Sheet Index Yachats Municipal Code