PICNIC POINT — Snohomish County officials acted correctly when they approved plans for the 112-home Frognal Estates subdivision near Mukilteo, a King County Superior Court judge ruled Monday.
The decision buoys plans that the developer touts as well-researched and appropriate for an urban-growth area. It dealt a setback to the neighborhood group and homeowners association that appealed building a new neighborhood on one of the last, large undeveloped land parcels in southwest Snohomish County.
“We’re obviously disappointed, but glad that we had the opportunity to continue to fight this and see what time brings of it,” said Emily Mydynski, president of the Picnic Point Preservation Committee.
The group has not yet decided whether to pursue further legal action, but it does expect to challenge aspects of the plan during the permitting process, Mydynski said. Its members hope officials will hold the project to stricter stormwater rules that took effect in 2015.
The proposed development off of 60th Avenue W takes its name from the Frognal section of north London. It’s been in the works since 2005, when permit applications were filed under the name Horseman’s Trail.
Developer John Lakhani, the CEO of Everett-based Integral Northwest, has said he expected to develop the project earlier, but has had to spend years and hundreds of thousands of dollars to perform environmental studies of the site. Lakhani also built Regatta Estates, the neighborhood that joined Picnic Point Preservation Committee in appealing his current project.
Snohomish County issued a final environmental impact statement for Frognal in 2015. The neighbors appealed to the hearing examiner, who decided in the developer’s favor. A 3-2 majority of the County Council upheld the decision.
Neighbors soon filed a lawsuit in King County Superior Court. The case focused narrowly on Snohomish County’s decision to allow the developer to alter a restrictive covenant for a lot where 32 of the Frognal homes would be built.
The neighbors contend that the covenant should remain in place to protect wildlife habitat and that it cannot be changed without the consent of homeowners. The hearing examiner disagreed, saying it was OK to remove the restriction.
The case did not touch upon the neighbors’ other concerns about stormwater runoff and traffic near Picnic Point Elementary School. Much of the 22-acre site is steep and wooded.
Noah Haglund: 425-339-3465; nhaglund@heraldnet.com. Twitter: @NWhaglund.
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