EVERETT — The legal challenge is over.
Everett Community College has dropped a court fight to try to stop a private developer from building a student housing project on North Broadway.
College officials filed litigation against the city of Everett and Koz Development last fall.
Following a June ruling by a Snohomish County Superior Court judge, that allowed the project to move forward, EvCC ended its challenge.
“The college has decided to not appeal the Koz decision, as it is in the best interest of our students, faculty, staff and community,” Daria Willis, EvCC president said in a statement.
EvCC had argued the building should not be considered student housing because the project had no connection to the college and did not offer services associated with college lodging, such as support services, supervision or planned activities, according to court documents.
Officials also said the amount of parking proposed was inadequate and worried the building will siphon residents from the college’s two dormitories.
Koz hopes to break ground on the building in September with the apartments opening in January 2021, according to Cathy Reines, a founder and owner of Koz. The five-story building would go on a triangle-shaped piece of land at 1020 N. Broadway where Lilly’s Garden restaurant once stood.
The project has been scaled down from the original proposal — eliminating the retail space and reducing the height. It also shrinks the apartment unit count by 16 to 124 units. Updated plans call for 104 studio, 20 one-bedrooms on four floors above one level of parking with 62 spaces.
The redesign was done as a compromise with EvCC, Reines has said.
The city of Everett is requiring Koz to rent 75% of the units to college students and the developer also cannot lease to a student with a car unless a parking stall is available.