The grassroots group People for an Environmentally Responsible Kenmore (PERK) has filed a court challenge to the city of Brier’s approval of a 13.7-acre residential development in that city.

At the same time, a Kenmore city official has made public a potential administrative move against the project, namely a city filing with the Puget Sound Growth Management Hearings Board.

Kenmore Mayor David Baker made clear the city’s intentions in a letter sent late last month to his counterpart, Brier Mayor Bob Colinas. A copy of the letter was made public more recently by Kenmore Councilman John Hendrickson, who believes the city may be moving too fast to challenge Brier.

Known as Sunbrook, the project in question would place 29 residential lots along South Brier Road in Brier. PERK and other critics contend the construction will cause flooding downstream in Kenmore, as well as hurt local wildlife, particularly fish.

Kenmore City Manager Frederick Stouder said the growth management board has state-granted jurisdiction over issues such as Sunbrook and any alleged violations of state growth regulations. He said the board can receive filings over such complaints and conduct hearings to help resolve any issues.

Stouder added the city has not gone forward with its plans to formally file with the Puget Sound board. He declined any further comment for the record, citing that the matter is an ongoing legal issue.

In his letter to Brier Mayor Colinas, Kenmore’s Baker stated that the city’s primary concern is that Brier officials approved Sunbrook using allegedly outdated critical areas regulations.

Baker implied Brier’s lack of action in updating those regulations violates the state Growth Management Act. He expressed a hope Brier would act to improve its ordinances.

Still, in the meantime, Baker stated an intention by Kenmore officials to bring Brier’s alleged lack of compliance to the attention of the local growth management board.

Baker did not return a phone call by the Reporter’s early holiday deadlines for this issue. In the past, he has publicly criticized Brier for not having the most up-to-date rules.

Baker added Kenmore spent a great deal of time and a good deal of money reviewing and rewriting its critical areas ordinance. Such ordinances govern how cities deal with environmentally sensitive areas such as wetlands or watersheds. Baker has charged that Brier has not updated its rules since 1991.

For his part, in materials sent to the Reporter, Kenmore’s Hendrickson said Brier’s overall environmental rules actually may be stricter than Kenmore’s. For example, he said Brier allows developments to use impervious surfaces in only 45 percent of developments, while Kenmore allows such surfaces to cover up to 70 percent of new construction.

Such surfaces do not allow water to penetrate, thus increasing run-off. Hendrickson added that while Brier has adopted what he called a much-improved 2005 state water manual, Kenmore uses 1998 King County guidelines.

According to Hendrickson, the decision to possibly take the Sunbrook issue to the Puget Sound growth board was made “administratively” by Baker and Stouder without the input of the rest of Kenmore City Council.

“I do not support this action and believe we need to work together in coordinating our environmental zoning protections,” Hendrickson said in a letter sent to Brier City Council.

Though he declined to give details, Baker has said the Sunbrook issue was discussed by Kenmore City Council in executive session.

The PERK appeal was filed with Snohomish County Superior Court under the state’s Land Use Petition Act. The filing basically asks the court to reverse Brier’s decisions, among other measures, forcing developer Phoenix Development Inc., to complete an environmental impact study regarding the development.

Brier has ruled the construction environmentally insignificant.

“It’s a really big issue for the whole watershed,” contends PERK President Elizabeth Mooney.

PERK’s filing alleges Brier officials committed a number of errors in approving the development, including violating its own code by not allowing PERK and other opponents the chance to present legal arguments against the Sunbrook development.

According to Mooney, the next step in the court challenge is a preliminary appearance by both sides, which should happen next month. Mooney held out hope that Brier and Sunbrook developer Phoenix Development Inc., will allow for some sort of compromise over plans for the residential construction, thus avoiding a legal fight.

Including Colinas, Brier officials have not returned requests for comment. Phoenix Development could not be reached.