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Cedar Park appeals continue

Last November, Washington County Department of Land Use and Transportation (LUT) approved an application for a 56-lot subdivision in Cedar Mill, north of Cornell between NW 119th Ave. and NW 113th Ave. The subdivision, called “Cedar Park,” was proposed by Westwood Homes LLC. The subdivision consists of two segments, separated by a branch of Cedar Mill Creek and its steep and wooded banks. The western segment, Phase 1, would be built first.

Cedar Park proposed subdivision

The eastern portion of the subdivision, which would be built as Phase 2, would be accessed from NW 113th via an extension of Melody Lane. The current western end of that road is a narrow gravel drive that leads to the existing homes.

The application included a request for a Hardship Relief Variance (HRV) to allow developers to reduce the usual requirement of a 22-foot-wide paved road, connecting the subdivided parcels to NW 113th, to an 18-foot-wide paved surface. The existing easement is only 20 feet wide, and the adjoining property owners do not want to sell a large portion of their front yards to make room for a standard-width road.

In early December, an appeal was filed by the Friends of Maple Hill Lane, a group of residents of the area, on the grounds that a HRV, processed as a Type II* HRV, is inappropriate for this type of request. The appeals Hearing was held in the Washington County Public Services Building Auditorium on January 16, and the record was held open for an additional three weeks to allow for the entry of additional arguments into the record.

The Hearings Officer released his final decision on February 20. The full document can be found here: http://washims.co.washington.or.us/casedocs/13/00296/13-296.pdf

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. The hearings officer 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. Westwood Homes requested a miscellaneous Type III hearing for an Exception to the Critical Service Standards to allow the narrow section of NW Melody Lane. The hearing was held on May 16. The decision of the Hearings Officer is due out on June 20.

Meanwhile, local resident Colin Carver filed a brief with the Oregon Land Use Board of Appeals (LUBA) appealing the decisions of the Hearings officer that were denied in the original appeal to Washington County. The LUBA appeal details several issues related to protecting the Significant Natural Resource Areas and wetlands; whether it is proper to build a road as a dead-end, private street; and a few minor issues. The date for the oral arguments for the appeal is not yet set. Generally LUBA will either affirm a county decision or remand a decision back to the county for reconsideration with assignments of error.

*Type II actions are presumed to be appropriate for the land use district in which they are located. Review criteria are reasonably objective, and limited discretion is required. Conditions of approval may be imposed to mitigate some impacts of the development. Examples include: subdivisions, partitions, and commercial and industrial buildings.

Type III actions are generally more complex. They may require considerable discretion and may need extensive conditions of approval to mitigate their impact and/or to ensure compliance with the Code/Community Plan. Because interpretation is involved, opportunities for public input are maximized. Examples include: special use permits, such as for golf courses, schools, public buildings, rock quarries and non-farm dwellings.

This information is from “The Land Development Process:Part One,” a publication of LUT. More information on the county’s planning process may be found on the LUT website.

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