Hearing examiner reviews Oak Heights plat for 219 homes; record left open for revised plans and traffic comments

The City of Oak Harbor hearing examiner on March 27, 2025, took public testimony and heard staff and applicant presentations on the Oak Heights preliminary plat, a 36.7-acre proposal to build 219 homes, including 153 single-family lots and 66 lot-line duplex lots, and left the record open for limited comments on revised plans and a traffic report.

The proposal was presented by planning staffer Colin Lindbergh, who told the hearing that the application includes a preliminary plat, building elevations, a landscape plan and a planned residential development (PRD) request that would allow reduced dimensional standards for the duplex portion of the site. Lindbergh said staff found the submittal met the applicable plat and comprehensive-plan criteria and recommended approval with conditions; he also said the project has an annexation agreement that requires extending Southwest Eagle Vista Drive to the western edge of the property, downstream stormwater improvements, and dedication of parkland and a multi-use trail at final plat.

The PRD would allow reduced setbacks and smaller lots for part of the site. The applicant proposes 5-foot side-yard setbacks generally and a 5-foot/0-foot arrangement on the duplex demising walls, and has proposed additional landscaping and more open space than the PRD minimum. Lindbergh said the PRD must otherwise comply with Title 19 (R-1 standards) and Title 21 (subdivision standards) of the Oak Harbor Municipal Code (OHMC).

Engineering and traffic were a central topic. Jonathan Pollock, an engineering technician in the city public works department, addressed questions about the State Route 20 corridor, including existing congestion near Southwest Swan Town Avenue and the city’s interaction with the Washington State Department of Transportation (WSDOT). Pollock said SR 20 intersections are expected to operate at a higher level-of-service standard than the city’s interior grid and that the city will coordinate with WSDOT on corridor improvements. He said the city and applicant are proposing design changes adjacent to the property and that final mitigation and any change to posted speed limits would require WSDOT’s approval.

Kathy Oney, identified as the project manager for D.R. Horton, said the team has re-entitled a project that previously expired under a different developer and emphasized that the current design is intended to increase housing variety and produce more attainable units. Oney said the team is working with Transpo (traffic consultant), DHI Engineering (civil), and JMMK Law (applicant counsel) to resolve technical items and WSDOT coordination. She also told the examiner she would provide documentation showing two bus stops would be located inside the development to address school safe-walk conditions; the examiner entered that material in the record as Exhibit 9.

Staff and the applicant said they had submitted revised plans and a revised traffic impact analysis in November 2024; the hearing examiner agreed to admit those documents as exhibits (labelled in the hearing record as Exhibits 7 and 8). Lindbergh proposed updating Condition 1 to reference the November 2024 plans. Oney requested two specific edits to conditions that would allow an early grading permit (a change to Condition 24) and allow the PRD approval to inform certain street/utility standards during civil review (a change to Condition 25); city staff reported no objection and agreed to provide written revisions.

No formal vote or final decision was issued at the hearing. The examiner left the record open only for limited comment on the revised plans and traffic report: the public may file comments on those documents through April 1, 2025, and staff and the applicant may file responses by April 3, 2025, at 5 p.m. After the record closes and any supplemental filings are considered, the hearing examiner will issue a written decision consistent with the record and applicable criteria.

Public participation at the hearing was small; one member of the public in chambers asked for a copy of the revised traffic report and staff arranged to provide it and to allow time for review and comment. Staff noted the project had filed a SEPA checklist and a revised MDNS (mitigated determination of non-significance); Lindbergh said the city had not received any appeals as of March 26, 2025, at 4:30 p.m.

If approved after the examiner issues a decision, the applicant may proceed to civil plan submittal and must obtain the city engineer’s written approval before beginning construction. Several items — final SR 20 mitigation, any speed limit changes, and specific roadway design — remain dependent on WSDOT concurrence during civil plan review.