Planning commission approves Harbor Lights final plat for 30‑lot subdivision, with conditions

Depoe Bay — The Depoe Bay Planning Commission on April 23 approved the final plat for Harbor Lights, a 30‑lot townhome subdivision on an approximately 2.4‑acre site north of City Hall on Shell Avenue, subject to conditions including a performance bond and an executed development agreement.

The commission’s decision follows a staff recommendation that the final plat conforms to the preliminary plat approvals and relevant Depoe Bay zoning standards, provided the city receives a bond guaranteeing public improvements and the applicant incorporates language in the covenants, conditions and restrictions (CC&Rs) alerting owners to the city’s standards for tourist‑accommodation dwellings.

Zach Bell, contract city planner with the City of Depoe Bay, told the commission the applicant is using the townhome subdivision rules to create 30 lots and is proposing to secure required public improvements with a performance guarantee rather than completing them up front. "Staff has reviewed the applicant’s submittal … and has concluded that the application satisfies those relevant criteria and recommends that the planning commission approve the final plat with the conditions in the staff report and the 2 supplemental conditions that I just laid out," Bell said.

Neighbors who testified opposed the plat primarily on tree‑retention and density grounds. Debbie Poland, a resident of South 40 Lane adjacent to the site, said the neighborhood and many residents favor retaining more trees and protecting the town’s “relaxing, spacious coastal atmosphere.” “This is about the trees,” Poland said.

An applicant representative noted the development meets the code’s open‑space requirement. "We do have 35% open space cap on the property, and we did keep, basically, the largest slopes on the property with all the trees on those remaining," the representative said.

The commission’s approval lists five conditions: (1) no staff signoff on final map until the final bond is in hand, (2) required DEQ 1200CN permit (state erosion/erosion‑control review) prior to issuance of grading permits for the site, (3) geologic‑hazard review for building permits on lots that exceed 20% grade, (4) execution of a development agreement satisfactory to the city attorney prior to final plat signature, and (5) modification of the CC&Rs to notify property owners about Depoe Bay rules applicable to tourist‑accommodation dwellings (signage, parking, other standards). Bell said the city engineer has reviewed construction plans and accepted an estimate that will set the bond amount, but some plan details remain to be finalized before the bond is issued.

Commissioners made and seconded a motion to approve the final plat with the staff‑recommended and supplemental conditions. A roll call recorded affirmative votes and the motion passed.

The commission’s approval does not authorize recordation of the plat; staff will withhold final map signatures until the conditions — notably the executed development agreement and the final bond — are satisfied. The applicant may proceed with the building‑permit process after those conditions are met and in conformance with the city’s building‑permit reviews, including geologic and public‑improvement checks.

Other items discussed during the hearing included potential short‑term‑rental uses: staff and commissioners noted that the CC&R language will make buyers aware of standards that apply if lots are used as tourist accommodations, and that subsequent building permit reviews will evaluate compliance with height and parking standards.

The public hearing record was closed before the commission’s deliberations and decision.