City of Bellevue v. Community Council

983 P.2d 602
CourtWashington Supreme Court
DecidedSeptember 9, 1999
Docket67157-5
StatusPublished
Cited by26 cases

This text of 983 P.2d 602 (City of Bellevue v. Community Council) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Bellevue v. Community Council, 983 P.2d 602 (Wash. 1999).

Opinion

983 P.2d 602 (1999)
138 Wash.2d 937

The CITY OF BELLEVUE, a Washington municipal corporation, Respondent,
v.
EAST BELLEVUE COMMUNITY COUNCIL, a Washington municipal corporation, et al., Petitioner.

No. 67157-5.

Supreme Court of Washington, En Banc.

Argued May 20, 1999.
Decided September 9, 1999.

*603 Carol A. Morris, Kenyon Law Firm, Issaquan, for Petitioner.

Lori M. Riordan, Bellevue City Asst. Attorney, Bellevue, for Respondent.

MADSEN, J.

A community council has authority under RCW 35.14.040 to approve or disapprove comprehensive plans and zoning ordinances enacted by a city to the extent they apply to property within the community council's jurisdiction. Here, the East Bellevue Community Council had approved amendments to the comprehensive plan which eliminated open use designations, but then disapproved an ordinance enacted by the City of Bellevue to bring zoning for land formerly subject to the open use designation into conformance with the amended plan. At issue is whether a community council has authority under RCW 35.14.040 to disapprove a rezoning ordinance setting particular densities for parcels of land within a range of densities allowed under an amended comprehensive plan previously approved by the community council. We hold that a community council has such authority, and reverse the Court of Appeals.

Facts

In 1987, the City of Bellevue (City) decided to eliminate its long-standing "open use" zoning designation because the environmentally sensitive areas generally assigned the open use designation would be governed by the City's sensitive areas ordinance. When the Growth Management Act (GMA), chapter 36.70A RCW, was passed in 1990, the City believed elimination of the open use designation was also important because it would serve to accomplish one of the purposes of the GMA — promotion of uniformity and certainty *604 in land use regulation. The open use designation had allowed a broad range of densities. Accordingly, during the period between 1989 and 1993, the City's comprehensive plan was amended to eliminate the open use designation. More specific land use designations were created, some of which included a range of possible residential densities in specified areas.

One subarea of Bellevue affected by the amendments is the Crossroads subarea. This subarea is within the jurisdiction of the East Bellevue Community Council (Community Council), which governs a community municipal corporation created under the authority of RCW 35.14. RCW 35.14.010. Pursuant to RCW 35.14.040, a community council has authority to approve or disapprove comprehensive plan amendments and rezone ordinances, along with other land use ordinances passed by the city and affecting land within the territory of the community municipal corporation. The Community Council approved the comprehensive plan amendments in January 1994, but expressed concerns "about the Transportation Element and traffic congestion...." Community Council Resolution 348; Clerk's Papers (CP) at 20.

The City then began rezoning parcels and applying new designations to bring the zoning into conformity with the amended comprehensive plan. The City also recognized that this process was needed to satisfy the GMA's requirement that there be consistency between the comprehensive plan and zoning designations. See RCW 36.70A.040(3)(d); RCW 36.70A.130(1); RCW 36.70A.030(7).

At issue here is the Crossroads Subarea Rezone. In 1995 the City initiated nine rezone applications, all but one of which affected land within the Crossroads subarea. On December 4, 1995, the Bellevue City Council followed the recommendation of the hearing examiner and approved the nine rezones. Ordinance 4828; CP at 24-30. With regard to four of the eight areas within the Crossroads, areas 2, 3, 5, and 8, the City approved rezones to the highest density allowed under density ranges designated in the comprehensive plan for the areas, despite the Community Council's expressed concern that lower densities would be more appropriate. The comprehensive plan classified area 2 as single family medium density, allowing a zoning designation of R-2.5 or R-3.5. The area was rezoned at R-3.5. Area 5 was classified as single family low density, allowing either R-1 or R-1.8. It was rezoned at R-1.8. Areas 3 and 8 were classified as single family high density, allowing either R-4 or R-5. They were rezoned at R-5. (For each of these properties, the former open use designation allowed a potential maximum of five residential units per acre through the PUD (planned unit development) process.)

The nine rezones affect approximately 50 acres, with areas 1-5 consisting largely of wetlands, floodplains, a riparian corridor and associated setbacks. Area 2 and part of 5 are owned by the City and used as wetlands for drainage. Area 3 has an existing 32-unit apartment building (a legal nonconforming use) and a single residence. Area 8 consists of eight existing single family residences.

The Community Council held a public hearing and adopted Resolution 372-A, disapproving Ordinance 4828's rezones of areas 2, 3, 5, and 8. The Community Council determined that there was insufficient evidence to show that the Bellevue Land Use Code rezone criteria had been followed, and also determined that the rezones were inconsistent with the City's comprehensive plan policies applicable to the Crossroads subarea regarding traffic congestion and environmentally sensitive areas. Resolution 372-A explains that the comprehensive plan designates the level of service on roadways in the Crossroads areas as "D-" (with "F" as the worst). City of Bellevue's Resp. Br., App. I. The comprehensive plan shows future improvements at an intersection adjacent to the rezone areas, but at the same time acknowledges that the roadway improvements may create negative impacts, such as higher traffic volumes, speed and noise. Crossroads subarea policies S-CR-2, S-CR-3 and S-CR-4 provide that existing single family neighborhoods should be protected from encroachment by more intense uses, that land use density should be encouraged which will not intensify vehicular congestion, and that development of vacant land in the Crossroads *605 should be compatible with surrounding areas. Policy S-CR-30 states that restrictions should be considered on land development and density as a viable means of controlling unacceptable traffic congestion.

The Community Council recognized, however, that the density designations in Ordinance 4828 conformed to the comprehensive plan density ranges.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hood Canal Sand And Gravel v. Peter Goldmark
381 P.3d 95 (Court of Appeals of Washington, 2016)
1000 Friends of Washington v. McFarland
149 P.3d 616 (Washington Supreme Court, 2006)
1000 Friends v. McFarland
159 Wash. 2d 165 (Washington Supreme Court, 2006)
In Re Martin
118 P.3d 387 (Court of Appeals of Washington, 2005)
In re the Personal Restraint of Martin
129 Wash. App. 135 (Court of Appeals of Washington, 2005)
State v. Creegan
99 P.3d 897 (Court of Appeals of Washington, 2004)
State v. Rizor
91 P.3d 133 (Court of Appeals of Washington, 2004)
City of Bellevue v. EAST BELLEVUE COM. MUN. CORP.
81 P.3d 148 (Court of Appeals of Washington, 2003)
City of Bellevue v. East Bellevue Community Municipal Corp.
81 P.3d 148 (Court of Appeals of Washington, 2003)
In Re Parentage of JH
49 P.3d 154 (Court of Appeals of Washington, 2002)
Gossage v. State
49 P.3d 927 (Court of Appeals of Washington, 2002)
Hazen v. Robinson
49 P.3d 154 (Court of Appeals of Washington, 2002)
SAMMAMISH COUNCIL v. City of Bellevue
29 P.3d 728 (Court of Appeals of Washington, 2001)
Sammamish Community Council v. City of Bellevue
108 Wash. App. 46 (Court of Appeals of Washington, 2001)
Sammamish Community Municipal Corp. v. City of Bellevue
27 P.3d 684 (Court of Appeals of Washington, 2001)
Sammamish Community Mun. Corp. v. City of Bellevue
27 P.3d 684 (Court of Appeals of Washington, 2001)
SUBCONTRACTORS & SUPPLIERS v. McConnachie
24 P.3d 1112 (Court of Appeals of Washington, 2001)
Subcontractors & Suppliers Collection Services v. McConnachie
106 Wash. App. 738 (Court of Appeals of Washington, 2001)
In re the Personal Restraint of Dyer
143 Wash. 2d 384 (Washington Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
983 P.2d 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-bellevue-v-community-council-wash-1999.