EVERETT — A lawsuit from neighbors could stop the city’s plans to shelter women and children in undeveloped land near the Phil Johnson Ballfields in south Everett.
The city has earmarked $3 million of American Rescue Plan Act funding to build temporary housing. Since, Everett has built the 40-unit Pallet shelter managed by the Everett Gospel Mission on Smith Avenue and the Faith Family Village next to Faith Lutheran Church on Cady Road.
Volunteers of America Western Washington would manage a third, 20-unit community on city-owned land at 200 Sievers Duecy Boulevard temporarily.
However, a nonprofit, Friends of Phil Johnson Ballpark Phase II, appealed the city planning director’s approval of the shelter project with the hearing examiner. In June, the hearing examiner denied the group’s appeal.
After the denial, the nonprofit filed another appeal late last month, this time in Snohomish County Superior Court.
The nonprofit argues Everett’s comprehensive plan bars the city from using the land for temporary shelter. The lawsuit also casts doubt on whether the shelter will be temporary.
Everett spokesperson Simone Tarver said the lawsuit would have consequences.
“It’s incredibly unfortunate that this project is being delayed,” Tarver wrote in an email last week, “delaying the availability of these Pallet Shelters for unsheltered women and children that could truly benefit from this.”
The nonprofit’s lawyer, John Cooke, did not respond to requests for comment. Volunteers of America said in a statement it was looking forward to working with the city.
Plans for the shelter call for 23 parking spaces, 20 100-square-foot tiny houses, four bathrooms, two administrative buildings and a laundry building.
The site would span more than 2 acres. Three full-time and two part-time employees from Volunteers of America would be on site from 8 a.m. to 8 p.m. five days a week. They would make sure there is no on-site drug or alcohol use.
Residents would need pre-approval to leave the property after hours.
Residents could stay up to a year.
In the lawsuit, petitioner and local developer Marty Robinett, who formed the nonprofit, cited the development agreement from when the city took ownership of the property. The agreement allows the city to develop recreation, ballfields and accessory or complementary, including open spaces, parking, utilities and slope support on the land.
Jim Langus, former chief administrative assistant to two Everett mayors, testified at the hearing examiner’s public hearing that the Pallet shelters are not consistent with this development agreement.
The city pushed back, arguing the parks director interprets whether use is consistent with the development agreement.
Because it is a small project, the remaining 67 park acres satisfy open space obligations, the city said.
Robinett was also concerned with a temporary shelter solution becoming a permanent one.
The shelter’s permit grants use for one year. After that, the planning director may grant extensions.
A hearing hadn’t been set for the case in Superior Court, as of Friday.
Aina de Lapparent Alvarez: 425-339-3449; aina.alvarez@heraldnet.com; Twitter: @Ainadla.
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