Developer says zoning rules too restrictive, sues Bothell

When the Bothell City Council last month finally approved a zoning change to allow dense development up the street from the University of Washington's Bothell branch campus, it appeared to have put to rest a decade of uncertainty over the land's future.

But in what promises to drag out the issue for at least several more months, a development company that owns some of the property has sued the city, contending that the new zoning rules are illegal and "render development of the property infeasible."

The company, Gateway Office, is arguing in King County Superior Court that the city's restrictions on the property — such as a rule requiring half of the development to be used for retail shops and restaurants — are arbitrary and violate the company's constitutional rights.

The company also contends that Bothell Mayor Patrick Ewing has a conflict of interest in the zoning decision because he lives near the site and was president of his local homeowners association before becoming mayor.

Last fall, the city's Planning Commission recommended dense commercial-residential zoning for much of the neighborhood bounded by Ross Road, Beardslee Boulevard, 108th Avenue Northeast and 112th Avenue Northeast.

But several members of the City Council, including Ewing, worried that traffic from a large, high-density development on the site would overwhelm local streets.

So, early last month, the council approved, in principle, a compromise plan that cut the high-density area approximately in half but still allowed for a project that could have included as many as 200 residences.

Then, over the next three weeks, the council added more restrictions, including the 50-percent retail requirement. Gateway then decided to sue.

In similarly zoned areas in downtown Bothell, a 10 percent retail-space requirement is typical, a Gateway spokesman said.

In mixed-use developments, residential units often subsidize the retail space required by city zoning.

Over the 10 years of zoning uncertainty in the neighborhood across from UW-Bothell, developers, anticipating future construction opportunities, have bought houses, and many residents have moved away. Now part of the site is a sort of suburban slum, with boarded-up houses.

Bothell city officials, including City Attorney Michael Weight, declined comment on the suit.

But in the past, city leaders have pointed out that city councils generally have wide latitude in regulating development as long as the rules are constitutional and adhere to the state Growth Management Act.

Councilman Mark Lamb noted recently that the council could have zoned the area all retail.

Still, zoning has been a perennial source of conflict in Bothell.

Over the years, land-use appeals by Bothell residents to the state Growth Management Hearings Board have ended up setting statewide development policy, said Bill Wiselogle, the city's community-development director.

Richard Hill, attorney for Gateway Office, said a court is unlikely to hear the case for at least five months. In the meantime, the city's development restrictions for the site are in effect.