Children’s Alliance v. City of Bellevue, Wash.

No. 95-3-0011 (Wash. Cent. Puget Sound Growth Planning Hearings Bd. July 26, 1995) ; Clearinghouse Number: 50708

Description

State Hearings Board Finds That City Ordinance Restricting Group Homes for Children Violates State Planning Act

Abstract

The Central Puget Sound Growth Management Hearings Board has held that respondent City of Bellevue’s group home ordinance violates the state planning act. The ordinance, among other things, (1) outlaws group homes for children from all residential zones; (2) imposes low occupancy maximums; (3) requires group homes for children to be at least 1,000 feet away from any other group home; and (4) requires group homes and families with foster children to register with the city. Petitioners, a minor child and three child welfare and housing development organizations, alleged that the ordinance violated state law. In a unanimous decision, the board held that the ordinance violated a state law prohibiting counties or cities from enacting an ordinance that “treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individual.” The ordinance also violates a state law that prohibits the adoption of a comprehensive plan or development regulation that precludes the siting of essential public facilities. Group homes for children are essential public facilities and that their restriction to commercial zones made their siting anywhere in Bellevue impracticable. Finally, the ordinance violates state law requiring counties and cities to adopt a comprehensive plan and development regulations that are consistent with and implement that plan. The ordinance conflicts with provisions of Bellevue’s comprehensive plan, including ones stating that “special needs housing should be dispersed throughout the community and integrated into the neighborhoods.” The board ordered the city to repeal or amend the offending parts of the ordinance. Counsel notes that the city intends to seek judicial review of the board’s decision. In addition, a federal suit challenging the ordinance, Children’s Alliance v. City of Bellevue, Wash., No. C95-0905 (W.D. Wash. filed June 15, 1995) (Clearinghouse No. 50,707), continues.

Additional Information

Attorney Information
Plaintiff represented by Michael Mirra, Steve Fredrickson, Evergreen Legal Services, 401 Second Ave. South, Suite 401, Seattle, WA 98104, (206) 464-1422.
Docket Date
1995-07-26 00:00:00+00:00