Cedar23 appeal filed
Fall City Sustainable Growth has filed an appeal to King County for the preliminary plat approval of Cedar23. The appeal argues that the hearing examiner should not have approved the preliminary plat design based on two items:
The hearing examiner found the urban design and density of the plat inconsistent with Rural Character, as is specifically protected in Fall City in the county comprehensive plan. But then the hearing examiner claims to not have the authority to deny a permit when it is not aligned with the intent of King County’s comprehensive plan (CP). FCSG cites both state and county law that grants a hearing examiner the authority to deny an application when it is inconsistent with the policies of a CP.
Since the plat design depends on the approval of a large onsite septic (LOSS) design from the State, the plat should not be approved until after the applicant has completed their LOSS design and is approved to move engineering. By granting preliminary approval before the LOSS is approved, Taylor Developments can start clearing and grading the more than 100 significant trees on the property. In the case that the LOSS design is not possible, or the drain field needs to be relocated, the plat design is no longer valid.
Read the entire appeal here.
An excerpt:
The urban-style design of Cedar 23, like Arrington Court and Fall City II before it, is entirely out of place in Fall City. The historic larger lots throughout Fall City are the result of the need to accommodate a sanitary drain field on each lot. Ex. P9-002. That feature provided the impetus for the existing large lot development prevalent throughout the town.
In contrast, Cedar Investment proposes a shared septic system (LOSS). This non-traditional feature allows the developer to propose lots much smaller than traditional lots in Fall City. The result would be garish: small, tightly packed subdivisions with large houses densely clustered with almost no setback interspersed among Fall City’s historic rural tradition of homes on large lots with sizable setbacks.
The typical lot size in Fall City is well above 9,000 square feet, but Cedar 23’s lot sizes would be about half that size. Ex. D1-002. The homes for these tiny lots are designed for maximum lot coverage, to be built nearly to the edge of the lot. See, e.g., ex D3-001; ex. P9-001 (“there is barely anything left after the footprint of the house”).
The following images show the degree to which Cedar 13’s exploitive development strategies are removing the “rural” from rural towns like Fall City:
We will update you when we learn more about next steps in the appeal process. A successful appeal on rural character has broad implications for all of these plats.
It’s through community donations that FCSG is able to advocate for Fall City and partner with our legal team for these appeals. Please consider a donation as we work to keep urban growth inside of the urban growth boundary.
