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Snohomish County Council pauses Stillwater Preserve appeal, asks for alternate to sidewalk mandate
Summary
The council agreed 4-0 to continue the closed-record appeal for the Stillwater Preserve subdivision to May 29, seeking feasibility information on replacing a required off-site pedestrian path to a school bus stop with a bus-stop-ready internal roadway and turnaround.
Martin Robinette, managing member of Robinette Investment Company LLC and the applicant for the Stillwater Preserve 14‑lot rural cluster subdivision, told the Snohomish County Council on May 26 that the Hearing Examiner's requirement to build an off-site pedestrian path to the assigned school bus stop (condition 44) was unlawful and would be costly. "This will cost over $320,000 for the 14 lots in the plat," Robinette said, adding that the amount would raise the price of each new home by "over $23,000." He argued the record did not show a factual need for the path and asserted state law (RCW 58.17.110) authorizes pedestrian paths only for students who walk to school, not for walkways to school bus stops.
Deb Eavis, council staff, summarized the appeal and the administrative timeline for the council, saying the hearing examiner's March 24, 2026 decision approved the preliminary subdivision with conditions including condition 44. Eavis noted the council's closed-record review authority under Snohomish County Code chapter 30.72 and that the final written decision must be issued by the council within statutory timeframes.
After oral argument and a brief rebuttal, the council recessed to an executive session to deliberate on the quasi‑judicial appeal. Upon returning, a council member moved to continue the closed‑record appeal hearing to Friday, May 29, 2026, at 9:30 a.m. The motion directed staff to explore a revised condition that would require construction of the new public road (52nd Street SE) to accommodate a school bus stop and a turnaround at the development site. The council requested feasibility information from the appellant, Planning and Development Services (PDS), and Public Works, to be submitted to the council clerk, Lisa Hickey, by Thursday, May 28 at 12:00 p.m.
The motion was seconded and passed by a 4-0 vote. The council recorded the continuance rather than issuing a final decision on the Hearing Examiner's order; the written decision remains pending. The council also reminded members to avoid ex parte communications on the matter while the appeal remains under consideration.
The next procedural step is the continued closed‑record hearing set for May 29, when council members will receive the requested feasibility analyses before further deliberation or a final written decision.
