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Cedar Park subdivision appeal

In January, we reported on the appeal of the decision to approve Cedar Park, a 56-lot subdivision in Cedar Mill, north of Cornell between NW 119th Ave. and NW 113th Ave. The main issues in the appeal were the Hardship Relief Variance (HRV) allowing a very narrow extension of NW Melody Lane, and concerns about building on steep slopes and natural areas.

The Hearings Officer released his final decision on February 20. The full document can be found here.

The hearings officer agreed with the appellants’ argument that a Type II HRV cannot be used to narrow the required width of an access street, and denied the HRV for Phase II. He denied the remainder of the issues raised by the Friends of Maple Hill Lane, and upheld the county's decision approving the application. The Hearings Officer's decision includes a new condition—that the developers obtain an Exemption for Critical Services, through a type III hearing, before Phase II is started. As of press time, the public notification of a Type III hearing has not been announced.

Appellant Colin Carver says, “What I have learned through this process is that in unincorporated Washington County, it is largely up to the public to ensure that County Land Use and Transportation is applying all the standards in the Community Development Code. The HRV issue is written plainly in the code, and county staff didn't seem interested in enforcing it. My only worry is that they will continue to fail to enforce this issue even after it was reversed on appeal.”

The release of the final decision from Washington County started a 21-day window in which the developer or the appellants can appeal any part of the decision to the state Land Use Board of Appeals (LUBA). It is likely this issue is not yet settled.

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