Draft Code: Easement Access for Plats

The following proposed Code language will allow lots to be developed without frontage on streets. This change to the current requirements is intended to allow for more flexibility within short plats, and areas where providing street frontage is particularly difficult.

This new Code language will be part of Chapter 21.50 Improvement Standards. The concept of access easements was initially brought up as part of the Short Plat discussion. This Code language is proposed so that the benefits can be extended to all plats as applicable, not just short plats.

Short plat Section 21.60.070 Design Standards and Required Improvements may need to be revised accordingly.

XXX.XX.XX1 Alternative Access Exception. The City may, at the request of the applicant and as permitted by the Oak Harbor zoning code, allow access to residential lots created through land division by alternative means, in the form of shared drives and private streets when in the opinion of the Development Services Director and City Engineer:
(a) The improvement of a public street is not necessary to accommodate public utilities.
(b) the improvement of a public street is not necessary to provide safe and efficient traffic flow.
(c) The improvement of a public street is not necessary to provide access to future developable area;
(d) The improvement of a public street is not necessary to protect the public health, safety and welfare of the residents and general public and,
(e) A site contains natural constraints, such as topography or environmentally sensitive areas, and the provision of an easement would reduce impacts to those areas

XXX.XX.XX2 Shared Drives. Shared drives may be created which access a limited number of units as follows:
(a) four (4) single-family lots or,
(b) eight (8) multifamily units.

XXX.XX.XX3 Private Streets. Private streets may be created which access a limited number of units as follows:
(a) Nine (9) single-family lots or,
(b) 18 multifamily units

XXX.XX.XX4 Design Standards. Shared drives and private streets shall be constructed to City standards as required. The City Engineer may require a turnaround to City standards on any easement access drive. The following standards outline the required elements and dimensions of shared access drives and private streets:

Table X. Required Elements and Dimensions for Private Streets (to be added to OHMC)

XXX.XX.XX5 Development Standards for Easement Access Lots. All lots or residential units that abut or are adjacent to an easement access drive are required to take access off the easement, unless it is determined by the Development Services Director or City Engineer that:
(a) it is impractical or impossible due to:
(i) existing site conditions;
(ii) existing structures; and, or
(iii) topography or environmental constraints of the site.

XXX.XX.XX6 Services. A maximum of two lots can be served by private utility side services within an easement, unless the City Engineer determines that a public utility main is necessary for adequate area service. Three or more lots served within an easement will require public utilities.

Short Plats

The inflexible standards associated with access/street requirements is the next item on the Planning Commission's agenda.

The following suggested Code “rules” are intended to provide options for lot access and street requirements:

• allow access to lots by way of access easement, provided: the number of lots is limited to 4; there is no need for a public street to facilitate sewer & utilities, provide street connectivity, or provide on-street parking; the specific dimensions are clearly defined and based on engineering
• allow lots that have frontage on an access easement (not requiring street frontage for all lots)s

February Planning Commission Meeting

The Planning Commission meeting for the month of February was intended to complete two major tasks:

1) Review points identifying the suggested new “rules” that will be written into the Code, relating to:

• Buffer Corridor Design
  
• Street Trees
  
• Standards for Stormwater Facilities
  
• Short Plat Design
  
• Low Impact Development (LID)
  

and, 

2) Discuss policy issues/questions associated with the suggested new “rules”.

Short Plat Rules to Support Infill

Short plats (those subdivisions with nine or less lots) can assist with infill development to meet the requirements of the GMA for example in terms of density; reduced sprawl; and housing options.

However, the existing Code requirements (such as building streets and lot configuration, etcetera) are difficult to meet in these smaller developments, and therefore discourage this kind of infill.

Staff will be amending the Code to remove the obstacles, while still maintaining regulations that provide for fitting infill development patterns.

Planning Commission Meeting April 22

The Planning Commission meeting on April 22 is designed to provide staff and the Commission with an opportunity to discuss, and provide direction on two aspects of this project, specifically:

A. an outline of the analysis I have completed on past subdivisions, and how their characteristics influence the livability of our neighborhoods; and,

B. an introduction of issues associated with short plat requirements and how they impact opportunities for infill development.

Staff Technical Meeting Update

This week staff began exploring the regulations associated with short plats (subdivisions of 9 lots or less). Generally, we are looking at the relationship between these plats and infill development. We began by examining right-of-way requirements and flog lot restrictions.

As this part of the project progresses, we intend to refine the existing regulations so that future short plats provide infill opportunities that are fitting with Oak Harbor's neighborhood and development contexts.

Staff Technical Meeting

Much of the work on this project has been the analysis of current conditions and community outreach. This Monday, staff begin the first major discussion specifically about the subdivision regulations. The topic will be short plats; small subdivisions of land into nine or less lots.

These plats in the city, can provide opportunities for infill that has little effect on the character of neighborhoods; and reduces sprawl and associated environmental impacts by using land more efficiently.

There are parts of the rules for short plats that have made them rather difficult to complete; which is limiting the ability to use short plats as a way of creating residential lots. In this Monday’s meeting staff will explore options to make the rules more effective.