Chapter 19.31 PLANNED RESIDENTIAL DEVELOPMENTS

The planned residential development (“PRD”) regulations offer applicants regulatory flexibility in return for higher quality site and architectural design with the intent of encouraging the design of more complete and sustainable neighborhood environments consistent with Oak Harbor’s comprehensive plan. The PRD regulations allow and promote design flexibility, pedestrian-oriented development, interconnectivity among uses, sensitivity to the natural environment and natural features, and the coordination of development with adequacy of public facilities. (Ord. 1567 § 2, 2010).

19.31.020 Applicability of PRD standards.

(1) An application for PRD may be submitted for any residentially zoned (R-1, R-2, R-3 and/or R-4) parcel(s) of land within Oak Harbor. The decision of whether to submit the PRD is the applicant’s choice.

(2) The director may determine that a PRD may be submitted for a subdivision or short subdivision of land if the proposed development cannot meet the standards in this title and/or OHMC Title 21. (Ord. 1567 § 2, 2010).

19.31.030 Definitions.

Words used in the present tense shall include the future tense; the future tense shall include the present tense. The singular shall include the plural, the plural shall include the singular. The words “may” and “should” are permissive; “shall” is mandatory.

(1) “Secondary use” means a nonresidential use located within a PRD.

(2) “Town center” means a consolidated area within a PRD which contains secondary uses (commercial, office, and/or mixed uses), primarily intended to serve the residents of the PRD.

(3) “Gross area” means the total area contained within the boundaries of a proposed PRD. (Ord. 1567 § 2, 2010).

19.31.040 Permissive variations in requirements.

(1) In considering a proposed planned residential development project, the approval thereof may involve variation in the regulations, requirements and standards of the zone in which the project is located including the general design standards and residential design standards of OHMC Title 21. Variations from the standards and requirements of this chapter are not permitted.

(2) The applicant shall bear the burden of supporting any change in requirements by demonstrating compliance with the review criteria contained in OHMC 19.31.170.

(3) The city may increase any requirement necessary to make the project conform to the purpose and intent of this code; provided, that a connection has been made between the impact of the development and the required mitigation.

(4) Other than the specific standards which are requested to be varied from, PRD applications shall otherwise comply with all relevant standards of the Oak Harbor Municipal Code, including those in this title and OHMC Title 21 (Subdivisions). (Ord. 1567 § 2, 2010).

19.31.050 Sale of lots.

Lots in a platted PRD may be sold to separate owners and according to the separate lots as shown in the plat filed and approved in connection therewith. No sale shall be permitted which subdivides a lot in such a manner as will create a new lot line, except as provided in OHMC Title 21. (Ord. 1567 § 2, 2010).

19.31.060 Planned residential development conformity.

As of the date of adoption of this chapter, all existing, legally established planned residential developments (PRDs) shall be deemed conforming uses under this chapter. (Ord. 1567 § 2, 2010).

19.31.070 Permitted uses in PRDs.

The following uses are permitted by right in PRDs:

(1) Those uses permitted as of right in the underlying zone;

(2) As a secondary use, and subject to the limitations of the Oak Harbor Municipal Code:

(a) Grocery stores;

(b) Drug stores;

(d) Restaurants;

(e) Uses generally considered accessory to the primary residential use of the PRD, such as club houses, parking areas, open spaces, utilities and public facilities;

(f) Motor vehicle or boat storage for residents of the PRD;

(g) Conditional uses as provided in the underlying zoning;

(h) Home occupations as provided in the underlying zoning; and

(i) Other, unlisted, similar or related uses, provided the planning commission makes a recommendation and the city council determines that:

(i) The use does not conflict with the intent of this chapter or policies of the comprehensive plan;

(ii) The use is appropriate to the size and scale of the residential development and primarily serves the residents of the PRD. Secondary uses which have a regional or city-wide customer base are not appropriate for PRDs.

(iii) Traffic impacts from the proposed secondary use will not have a negative impact on surrounding residential neighborhoods in terms of quantity of traffic and circulation patterns. (Ord. 1567 § 2, 2010).

19.31.080 Secondary use limitations.

To ensure they are compatible with primary residential uses, secondary uses shall conform to this section in addition to the standards in OHMC 19.31.070. Secondary uses are also subject to site plan review procedures contained in Chapter 19.48 OHMC and shall be integrated in the PRD application as it was recommended by the planning commission and approved by the city council and are subject to the following additional standards:

(1) The gross floor area of all proposed secondary uses shall not exceed 10 percent of the gross floor area of the development.

(2) All secondary uses shall be architecturally compatible with residential uses in the PRD in terms of mass, scale, height, and exterior materials.

(3) Secondary uses shall be located in a “town center” apart from the residential uses, but easily accessible to the residential uses.

(4) Building permits or occupancy permits for such uses shall not be issued until one-half of the total project is completed unless otherwise approved by the city council. (Ord. 1567 § 2, 2010).

19.31.090 Density.

Density in a PRD is regulated by the density standards of the underlying zone. Density bonuses may be permitted under the provisions laid out in this section:

(1) Increases in density as defined for each of the following may be permitted, up to a maximum of 30 percent over that permitted in the underlying zone. Bonus densities are intended to provide the incentive to encourage the development of affordable housing, provide additional public amenities or preserve valuable natural or cultural resources and features. The satisfaction of any of the bonus density criteria specified is considered to be in the public interest and worthy of a bonus density:

(a) Additional Open Space. One percent increase in density for each one percent increase in open space over the minimum required under OHMC 19.31.100. Open space design must conform to the requirements of OHMC 19.31.110 and 19.31.120.

(b) Provision of qualified affordable housing units as defined in OHMC 19.08.695, or lots dedicated for use in affordable housing projects.

For every one unit of affordable housing provided, applicants are allowed five additional units of market-rate housing. For purposes of density bonuses pursuant to this section, the total of market-rate and affordable units may not exceed 30 percent of the density otherwise allowed in the zone. The continued affordability of the units must be secured through registration of restrictive covenants on title, or other permanent measure.

(i) A project which is five acres in size and is zoned R-1 (maximum of six units per gross acre) is allowed a total of 30 units under the R-1 zone;

(ii) This same project proposes that six of the 30 units are affordable units with the remaining 24 being market-rate units;

(iii) Density bonus for affordable housing equals number of affordable units multiplied by five, or six affordable units times five, which equals 30 additional market-rate units, except that the total density bonus cannot exceed 30 percent of the maximum base density, or nine additional units;

(iv) Total units allowed with density bonus equals maximum density allowed by zone (30 units) plus density bonus (nine additional market-rate units), which equals 39 units.

(d) Preservation of a scenic vista corridor within and off the site – up to 10 percent increase.

(e) Public access to common open space or natural water bodies – up to 20 percent increase.

(2) Density increase may be granted if the applicant satisfactorily demonstrates the following standards have been met:

(a) All applicable PRD and subdivision design standards have been met, exempting those that have been modified through the PRD process;

(b) Building design and site layout with the proposed density increase does not significantly change the characteristics of the neighborhood streetscapes from what would be the case if the bonus was not granted.

(3) For any PRD located in more than one zone, the residential density allowed shall be determined by totaling the number of dwelling units allowed within each of the separate zones according to the density regulations of that zone.

(a) The total residential density shall apply to the entire area of the proposal.

(b) For any PRD located in more than one zone, the permitted percentage of coverage by buildings and structures allowed shall be determined by calculating the percentage of coverage allowed upon the area for each separate zone and averaging it across the entire project. (Ord. 1784 § 57, 2016; Ord. 1567 § 2, 2010).

19.31.100 Open space – General requirements.

Common open space shall be provided for use as a recreational, park or environmental amenity for the collective enjoyment by occupants of the PRD project, and designed as follows:

(1) Common open space shall comprise at least 10 percent of the gross area of the PRD;

(2) Common open space shall not include public or private streets, driveways, buffers, screens, perimeter landscaping, parking areas or the required or provided yards for buildings or structures;

(3) Common open space shall meet the requirements of OHMC 19.31.110 and 19.31.120. (Ord. 1567 § 2, 2010).

19.31.110 Open space – Active areas.

The following standards apply to the provision and design of active open spaces in PRDs:

(1) A minimum of 50 percent of all required open space in a PRD shall be “active” open space. Active open space provides opportunities for physical activity to residents of the PRD. Active open space must meet the following requirements:

(a) Be a minimum of 5,000 square feet in size to be counted toward the minimum 10 percent common open space requirement;

(b) The space must also have a minimum width of 50 feet and depth of 90 feet;

(2) Shall contain such accessory or complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the project and shall include at a minimum:

(a) Pedestrian-oriented lighting;

(b) Seating;

(d) Trash can(s); and

(e) An activity center such as children’s play structure, tennis court(s), basketball court(s), walking/bicycling path(s) or a trail-head kiosk at the entrance of a trail system. There are other types of activity centers other than those listed here which can be proposed by applicants. All proposed activity centers shall provide exercise opportunities for residents of the PRD. Unimproved grass fields do not count as activity centers.

(3) Active open spaces must be visible and accessible to users and not hidden behind residential lots.

(4) Active open spaces must have pedestrian connections to both sides of a residential block on which they are located.

(5) All active open spaces shall be privately owned and maintained by the homeowners’ association in accordance with the requirements of OHMC 19.31.130.

(6) Trails can count as active open space, provided they meet minimum design requirements specified in the parks, recreation and open space plan.

(7) Fifty percent of stormwater ponds may count as open space within the PRD. However, no more than 25 percent of the required 10 percent common open space in a PRD may be stormwater pond. Ponds which are counted toward open space requirements must meet a high level of design and be an amenity to residents and must have all of the following characteristics:

(a) Be a wet pond, not a dry pond.

(b) Be surrounded by a trail or be located adjacent to another active open space.

(d) The pond must be curvilinear in shape, not rectangular.

(e) Only 30 percent of the circumference of the pond may contain berming.

(f) The inside slope of the pond shall be three to one or flatter.

(g) Gravel and asphalt shall not be used for pond access.

(h) No fencing shall be provided around the pond.

(i) The applicant shall place appropriate signage near the pond which says, “This pond is for stormwater detention and/or treatment purposes. Swimming or fishing or other recreational activities are prohibited.” (Ord. 1567 § 2, 2010).

19.31.120 Open space – Passive areas.

Passive open space is nonactive open space which preserves natural areas and native vegetation and provides scenic amenities to a PRD. Passive open space shall meet the following minimum requirements:

(1) Passive open space may be no more than 50 percent of the total required open space in PRDs.

(2) Preserved natural areas, such as wetlands, streams, and woodlands, may count as passive open space.

(3) Passive open space may include open fields and landscaped areas which are held in common by the homeowners’ association, but which do not contain any other improvements.

(4) Passive open spaces shall be maintained in conformance with OHMC 19.31.130. (Ord. 1784 § 58, 2016; Ord. 1567 § 2, 2010).

19.31.130 Dedication and maintenance of common facilities.

Whenever private open space, including private parks, playgrounds, or commonly held stormwater facilities/BMPs is to be provided, the city council shall require that an association of owners or tenants of the PRD, or other parties responsible for maintenance as approved by the city, be organized under the laws of the state of Washington, which shall adopt such articles of incorporation and bylaws and adopt, impose and record such declaration of covenants and restrictions on such open space and/or common areas that are acceptable to the city.

Said association shall be formed and continued for the purpose of maintaining such open space. Such an association, if required, may undertake other functions. It shall be created in such a manner that owners of property shall automatically be members and shall be subject to assessments levied to adequately maintain said open space for the purposes intended. The period of existence of such association shall be not less than 20 years and it shall continue thereafter and until the members terminate it. Provisions shall be made by the association for the maintenance or disposition of such open space upon any termination of the arrangement hereinabove provided for. If the association of homeowners subsequently disbands, the property owners within the boundaries of the originally approved PRD are responsible for maintenance of all common facilities. (Ord. 1784 § 59, 2016; Ord. 1567 § 2, 2010).

19.31.140 PRD perimeter.

The perimeter of the PRD shall be designed so as to minimize architectural or land use incompatibility of the PRD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PRD. A building setback of 20 feet shall apply to all exterior boundary lines of the project. (Ord. 1567 § 2, 2010).

19.31.150 Application required.

An application for approval of a proposed PRD shall be made to the director upon forms furnished by the city. Application shall be made by the owner or owners of the parcel or parcels intended to be developed as a unit or their duly authorized agent or agents. Authorization from all owners within the PRD project boundaries is required. (Ord. 1567 § 2, 2010).

19.31.160 Combined applications.

The approval of a subdivision shall be required of all projects which involve or contemplate the subdivision of land in a PRD and the procedures set forth in OHMC Title 21 shall be followed concurrently. (Ord. 1567 § 2, 2010).

19.31.170 PRD review criteria.

The city shall base its review of the proposed PRD upon the following criteria:

(1) Aside from the specific regulations, requirements or standards proposed to be varied, the project otherwise meets the requirements of the Oak Harbor Municipal Code.

(2) Critical areas should be preserved and incorporated into the open space of the PRD. Buffer averaging and buffer enhancements shall qualify as preservation if such is recommended in an approved critical areas report.

(3) If smaller lot sizes and dimensions or decreased setbacks are proposed from what is required by the underlying zoning, buildings on these lots must meet requirements (3)(a) through (c) of this section or requirement (3)(d) or requirement (3)(e) of this section:

(a) Garage walls facing the street must be no closer than the wall containing the main entrance, or to the edge of a covered porch or deck if provided.

(b) A garage door wall which faces the street must not be more than one-half of the facade width.

(d) No two adjacent buildings on the same side of the street may have the same front setback. Setbacks must alternate from building to building. Minimum front setback variation must be two feet or greater.

(e) Residential buildings are accessed from an alley at the rear of the lots.

(4) If nonresidential uses are included in the PRD, such uses shall be easily accessible to pedestrians, meaning that primary building entrances are oriented to the street and set back no more than 10 feet from the property line or a six-foot-wide pedestrian path is included connecting the nearest public sidewalk to the primary entrance of the secondary use.

(5) Ten percent common open space is provided which complies with OHMC 19.31.110 through 19.31.130.

(6) The PRD shall comply with all of the following adopted standards:

(a) The requirements of OHMC Title 21, Subdivisions. Variations from the requirements in OHMC Title 21 may be requested and reviewed as part of the PRD application. Other than the specific standards being varied from, PRDs must meet all applicable standards of OHMC Title 21, including the general design standards (Chapter 21.50 OHMC) and the residential design standards (Chapter 21.60 OHMC).

(b) The standards and requirements of this chapter. If there is a conflict between the standards of this chapter and the standards in OHMC Title 21, the standards in this chapter shall take precedence.

(d) The design guidelines and regulations, if applicable.

(e) All other standards adopted by the city of Oak Harbor, including engineering details and drawings.

(7) Applicants must meet either subsection (7)(a) or (b) of this section:

(a) Enhanced design which includes one or more of the following on each building within the development:

(i) A variety of exterior building materials such as brick, stucco, stone, and wood used as primary siding or as accent materials on front facades; or

(ii) Building articulation (offsetting walls, inclusion of windows, changes in material types) on side and rear walls of buildings; or

(iii) Side- or rear-loaded garages; or

(iv) Other applicant-proposed building design enhancements.

(b) Optional site design elements which include one or more of the following:

(i) Ten percent or more of units within the development are qualified affordable housing as defined by OHMC 19.08.695.

(ii) Inclusion of a mix of residential and nonresidential uses within the development.

(iii) Fifteen percent or more of the gross area is open space.

(iv) The project will not only preserve but enhance or rehabilitate the functions and values of a critical area of the site, such as significant woodlands, wildlife habitats, streams or wetlands, subject to the recommendations in an approved critical areas report. (Ord. 1904 § 3, 2020; Ord. 1784 § 60, 2016; Ord. 1567 § 2, 2010).

19.31.180 PRD development plan – Filing requirements.

The applicant shall file with the director a PRD development plan. If an application for subdivision is submitted concurrently, the plat document required as part of subdivision shall be a separate plan sheet from the PRD development plan and shall include the requirements in OHMC Title 21. The PRD development plan shall include the following:

(1) A legal description of the site and plot plan indicating location of all existing and proposed adjacent streets, private rights-of-way and easements;

(2) Ten copies of the proposed site plan and/or drawings. Additional copies of the application may be required at the time the PRD development plan is routed to planning commission or city council for review. The PRD development plan shall include the following information:

(a) Individual trees over 12 inches in trunk diameter measured four feet above the base of the trunk in areas to be developed or otherwise disturbed;

(b) Proposed finished grades of the property with all drainage features;

(c) Location of all proposed structures together with the usage to be contained therein and approximate location of all entrances thereto and heights, and gross floor area thereof;

(d) Code-required side, rear and front building setbacks;

(e) The building envelope for each lot, which is the portion of the lot excluding the building setbacks;

(f) Location and nature of vehicular, pedestrian and bicycle circulation features within the site and adjacent streets and alleys;

(g) The extent, location, arrangement, and proposed improvements of all off-street parking and loading facilities;

(h) The extent, location, arrangement and proposed improvements of all open space, landscaping, fences and walls;

(i) Architectural elevation drawings of all building types (single-family, multifamily, rowhouses, etc.) and all subtypes (single-family model 1, single-family model 2, etc.) and sketches demonstrating the planning and character of the proposed development;

(j) Number of units proposed by type;

(k) Proposed lot, tract and easement boundaries;

(l) Open space calculations for all areas which are proposed to meet the 10 percent common open space requirement. Calculations shall be divided between active and passive open space. Open spaces which are proposed to be included in the open space calculations must be denoted on the plan;

(m) Low impact development site analysis requirements including:

(i) A soils report prepared by a licensed geotechnical engineer or geologist;

(ii) Preliminary stormwater site plan consistent with the threshold requirements found in OHMC 12.30.500;

(n) Density calculations for the property including any bonuses requested by the applicant; and

(o) All other calculations or information as applicable based on the PRD review criteria;

(3) Proposed conditions, covenants and restrictions including continuous maintenance provisions for the project; and

(4) A text describing conditions or features which cannot be adequately displayed on maps or drawings. (Ord. 1784 § 61, 2016; Ord. 1567 § 2, 2010).

19.31.190 PRD development plan – Phased developments.

Development of the project may be phased, in which case each complete phase may be processed separately. A map showing all property owned or controlled by the proponent which is contiguous to the development site or which is within the area determined by the director to be relevant for comprehensive planning and environmental assessment purposes, together with a conceptual plan of said properties, shall be submitted with the application for the first phase. The conceptual plan shall conform to the purposes of this title and shall be used by the city to review all phases of the development. (Ord. 1567 § 2, 2010).

19.31.200 PRD development plan – Staff recommendation.

After receiving the PRD development plan, the director shall route the same to all appropriate city departments, and each department shall submit comments and recommendations to the director. After receiving such information from the city departments, the director shall present recommendations and conclusions before the hearing examiner at the public hearing for the PRD development plan. (Ord. 1904 § 4, 2020; Ord. 1567 § 2, 2010).

19.31.210 PRD development plan – Hearing examiner review and decision.

(1) The PRD development plan shall be considered at a public hearing before the hearing examiner.

(2) Upon receipt of the PRD development plan, the hearing examiner shall examine such plan and determine whether it conforms to all applicable criteria and standards.

(3) In the event the hearing examiner determines that the development plan does not conform to these criteria and standards, he/she may require such changes in the proposed project or impose such conditions of approval as are, in his/her judgment, necessary to ensure conformity.

(4) The hearing examiner shall review the project to determine if it is consistent with the criteria in OHMC 19.31.170.

(5) The hearing examiner shall make one of the following decisions: approval as submitted, approval with conditions or denial. Hearing examiner’s decisions on PRD permits shall be final unless appealed to the Island County superior court in accordance with Chapter 36.70C RCW. (Ord. 1904 § 5, 2020; Ord. 1567 § 2, 2010).

19.31.240 Mitigation agreement.

The applicant shall provide for methods to mitigate development impacts as set forth in OHMC Title 20. Any fees voluntarily proposed or required as mitigation to such development impacts shall be made prior to the issuance of any development permits. (Ord. 1567 § 2, 2010).

19.31.250 Compliance with approved PRD development plan.

(1) All lots or other divisions of a subdivided PRD shall remain subject to compliance with the PRD development plan regardless of the fact of subdivision under OHMC Title 21 or subsequent conveyance of such individual lots or divisions, unless a minor or major modification has been approved.

(2) The building official shall only issue building permits and certificates of occupancy for buildings and structures which conform with the approved PRD development plan for the PRD and with all other applicable city ordinances, regulations, rezone, annexation and development agreements.

(3) The construction and development of all the open spaces and recreation facilities of each project phase must be completed or bonded before any certificate of occupancy will be issued for a unit or building within that phase. (Ord. 1567 § 2, 2010).

19.31.260 Mapping.

Whenever a PRD permit has been granted, the boundary of the PRD shall be indicated on the zoning map of the city of Oak Harbor as “subdistrict PRD.” (Ord. 1567 § 2, 2010).

19.31.270 Revocation.

In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the phased development schedule, city council may, after notice and hearing, revoke the PRD permit. (Ord. 1567 § 2, 2010).

19.31.280 Modifications.

Requests for modifications of previously approved PRD development plans shall be made in writing and shall be submitted to the development services department in the manner and form prescribed by the director. Minor modifications may be approved by the director.

(1) Modifications shall be deemed minor if the proposal does not change any of the following:

(a) Land use;

(b) Density, number of dwelling units or lots;

(d) The general design characteristics (location, size, elements contained within) of open space areas. In no case shall the amount of open space be less than 10 percent of the gross site area. However, the director shall not approve less open space under a minor modification if such open space has been provided for density bonuses in accordance with OHMC 19.31.090;

(e) The amount of required or conditionally approved parking;

(f) The general height of structures. However, height of one structure may be modified through a minor modification, provided the height does not exceed 35 feet;

(g) The total lineal feet and dimensions of pedestrian/bicycle facilities by more than 10 percent. Locations of pedestrian/bicycle facilities may be considered a minor modification.

(2) Major modifications are any changes to the approved PRD development plan which do not qualify as minor changes as defined in this section. Major modifications to the PRD development plan shall be reviewed by the hearing examiner under the same process as outlined under OHMC 19.31.200 and 19.31.210. (Ord. 1904 § 8, 2020; Ord. 1567 § 2, 2010).

19.31.290 Termination of a PRD.

Construction shall be started within five years following hearing examiner approval of the PRD development plan. If a preliminary plat has been reviewed and approved concurrently with the PRD development plan, then the two documents shall terminate at the same time and all permits and approvals issued pursuant to such authorization shall expire and be null and void; termination for a concurrently approved PRD development plan and associated preliminary plat shall be five years from the date of hearing examiner approval. If construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in OHMC 19.31.300, the authorization granted for the PRD project shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void. (Ord. 1904 § 9, 2020; Ord. 1567 § 2, 2010).

19.31.300 Extension of time for construction.

(1) For good cause shown, the hearing examiner, in its discretion, may grant an extension of time for a maximum of one year for commencement or continuation of construction subsequent to approval of the preliminary plat which accompanies the PRD development plan.

(2) Application for extension must be made in writing to the city at least 60 days prior to the termination of the approved PRD plan. (Ord. 1904 § 10, 2020; Ord. 1567 § 2, 2010).

19.31.310 Limitation on resubmission.

Whenever an application for a PRD permit has been denied, no application using the same area or any portion thereof shall be filed by the same applicant within one year after the date of denial unless there is a change to the PRD development plan which more closely meets the provisions of the Oak Harbor Municipal Code. (Ord. 1567 § 2, 2010).

19.31.320 Judicial review.

Any legal action to review a decision of the hearing examiner under this title shall be filed in Island County superior court within 21 days of the decision, notwithstanding the effective date of any ordinance passed or proposed to effectuate said decision. (Ord. 1904 § 11, 2020; Ord. 1567 § 2, 2010).