Chairman Lavoie called the Brier Planning Commission meeting to order at 7:05 PM.

ROLL CALL:

Present: Commissioners Michael Lavoie, Gene Funk, Sue Wahlgren, David Marley, and Allyn Chrisman.

Absent:                        Commissioners Brandon Brock, and Jim Hodgen.

APPROVAL OF MINUTES:

Chairman Lavoie opened for consideration approval of the September 17, 2003 Planning Commission minutes. Commissioner Wahlgren moved and Commissioner Funk seconded to approve the September 17, 2003 Planning Commission minutes as written. Motion Carried with Allyn Chrisman and Michael Lavoie abstaining.

COMMITTEE REPORTS: None.

OLD BUSINESS – PUBLIC HEARING – CONTINUED:

CONDITIONAL USE APPLICATION #CU03-004 BY AT&T WIRELESS LOCATED AT 4006 236^TH ST SW, BRIER

Chairman Lavoie moved and Commissioner Marley seconded to continue Conditional Use Application #CU03-004 by AT&T wireless, located at 4006 236^th ST SW to the next Planning Commission meeting. Motion Carried.

NEW BUSINESS – PUBLIC HEARINGS:

PUBLIC HEARINGS ON ORDINANCES 25.I, 251.B, 282.B, 294.A AND 307.

Chairman Lavoie opened the Public Hearing for Ordinance 25.I at 7:12 PM.

Ed Walker - 21206 Poplar Way – Mr. Walker stated the problem with 25.I is the transition from the old Ordinance to the new Ordinance. He stated that you can never clarify it out of being the old Ordinance. Mr. Walker said the language from the heart of the old Ordinance talks about one half of the two year storm run off, the ten-year storm runoff, and the 100 year storm runoff. He stated the calculation of stormwater is only from the old Ordinance and not from the new method. He stated that the peak flow standard would be in conflict with the duration flow standard, and pointed out several areas where he thought there would be conflict.

Peggy Dare – 22320 Hickory Way. Ms. Dare stated she would change 16.16.150 A 5 to read as follows:  The  stormwater detention system shall be designed to meet the above requirements and comply (adding), “at a minimum”, with those guidelines of the “most current publication of the DOE Stormwater Management Manual for Western Washington” that do not meet ……  She stated that she would also add “Additional provisions may be required by the City to accomplish goals in the Brier Comprehensive Plan”. stated that she encourages the update of the DOE Stormwater Management Manual for the Puget Sound Basin to the Stormwater Management Manual for Western Washington.

Chairman Lavoie closed the Public Hearing on Ordinance 25.I at 7:19 PM.

Chairman Lavoie opened the Public Hearing on Ordinance 251.B at 7:20 PM.

Ed Walker – 21206 Poplar Way – Mr. Walker stated he had a few errors in the Ordinance to point out. Mr. Walker stated that on

      Page 10 under I (1) “Normal maintenance and repair”…. Allowed activities….Mr. Walker stated that there are a lot of existing homes within wetland buffers and what this Ordinance says is that before they can do any maintenance, like pressure wash, general maintenance, paint etc., they need to contact the City.  Mr. Walker stated this should be moved into allowed activities in buffers only, so they would not have to inform the City that they are doing minor maintenance to their homes.

      Page 12, under exemptions (9) the same thing is stated again, and he stated it should be noted as an exemption that does not need to give the City notice of general maintenance.

Page 19,  under streams (2) – Mr. Walker stated that what it is asking for is a 40 foot setback and he suggested that for that area a 25-foot setback is probably adequate.

Peggy Dare – 22320 Hickory Way . Ms. Dare stated  Section B under Findings is not complete unless you say something about protecting animal species outside of wetland areas. Under Purpose (2), Ms. Dare suggested adding, “and reductions of soil permeability, natural vegetation, and purifying organisms.”, and (8) add “temperature changes”. On page 5, B, Ms. Dare stated this is open to challenge when the City wants to regulate something. Section 18.12.090 Lands to which this chapter applies (2) she stated she does not feel comfortable with the fact that someone from Public works can determine a sensitive area. She suggested that a consultant could be used for this and paid by the applicant. Section B, it is important to have a correct map on hand, and to add “a sensitive areas map of the City exists in accordance with the 1986 draft Comprehensive Plan and shall be improved upon with actual site analysis and development investigations. Under exemptions, stormwater management facilities are listed and she objects to this. Section 8.12.140 define the word near, how close is near. Under 18.12.150 Submittal requirements (1) c change 5 feet to 2 feet. Page 16, (6) d define wet season, dry season. Ms. Dare stated that on Page 17 the wetland buffer requirements seem to conflict with the wetland buffers on Page 18, and the set backs. She suggested, on Page 19  B (1) b the word “reasonable” need a definition. Ms. Dare addressed 18.12.240 on Page 20 and stated she has not found in the Ordinance where it shows how the City will preserve the wildlife habitat. On page 22 under Lot potential mitigation Ms. Dare asked to add a little more flexibility to protect critical areas in building set backs.

Chairman Lavoie closed the Public Hearing on Ordinance 251.B at 7:26 PM.

Chairman Lavoie opened the Public Hearing on Ordinance 282.B at 7:27 PM.

Ed Walker – 21206 Poplar Way – stated he supported the Ordinance, and that it was not unreasonable to get a permit for 50 yards or more of fill.

Peggy Dare – 22320 Hickory Way.  Ms. Dare stated she would like more in this Ordinance to protect the cutting of trees, and wildlife. Ms. Dare suggested that contours be required under Application requirements, In section D, Exemptions, (1) needs more discussion.

In Section E, she stated that this is similar but not the same as what is in the sensitive areas Ordinance and it would be clearer if it referred to the Sensitive Areas Ordinance.

Ms. Dare suggested that in 18.16.050 C, in order to get a good plan before the review, contour lines should be required, also the land use that is adjacent to the property that is going to be cleared should be shown

Ms. Dare suggested that in 18.16.070, Development standards A, the word unnecessary removal leads to good arguments and opinions. She stated that there should be valid definition as to what is unnecessary. She suggested that in F, to be more definite to a date or season, and in G replace the word “may” with “shall”.

Chairman Lavoie closed the Public Hearing on Ordinance 282.B at 7:28 PM.

Chairman Lavoie opened the Public Hearing on Ordinance 294 at 7:29 PM.

Peggy Dare – 22320 Hickory Way, - stated that the Planning Commission meeting was posted as beginning at 7:30 PM. She asked if she would be able to make comments. Chairman Lavoie asked the Planning Commission if they would like to allow Ms. Dare to speak on the previous Ordinances. The Planning Commissioners did not object.

 Ms. Dare spoke on Ordinance 294 and stated her ideas and concerns with Ordinance 294 and said that it should address fairness and would like to add “whereas all property developments do not create runoff impacts equally with some creating excessive or unnecessary amounts of runoff/pollution with some creating less than average amounts”.  

Chairman Lavoie closed the Public Hearing on Ordinance 294 at 7:35 PM.

Chairman Lavoie opened the Public Hearing on Ordinance 307 at 7:36 PM.

Wayne Kaske – 24024 Brier Way – stated that Ordinance 307 is required by the Growth Management Act, and this is a new Ordinance for the City. Mr. Kaske gave a brief explanation of the Ordinance.

Peggy Dare – 22320 Hickory Way, -  said that the Ordinance should state what stream is being referred to.

Ed Walker – 21204 Poplar Way – stated that Ordinance 307 needs a definition section. Mr. Walker stated the Ordinance should have definitions for Streams of the State, Shorelines of the State and definitions for the criteria which is the flow rate. He suggested that it should also identify the areas it pertains to in Brier.

Peggy Dare – 22320 Hickory Way stated she would like the Ordinance in the section of the “Whereas” to have a positive statement rather than just stating the Growth Management Act requires this to be done.

Chairman Lavoie closed the Public Hearing on Ordinance 307 at 7:49 PM

MISCELLANEOUS BUSINESS:

TITLE 17 REVIEW

There was discussion on Title 17.

Chairman Lavoie moved and Commissioner Wahlgren seconded to recommend approval to Brier City Council that the accessory canopy structure includes the language for canopy structures of any material, (which includes plastic, cloth, metal, etc) and (1) be secured to the foundation per manufacture or engineers specifications, (2) have one per lot, (3) no hazardous materials stored in it, and (4) be under 200 square feet or if over 200 square feet be temporary 14 days maximum, subject to provisions1 through 4, and a permit with the fee to be set by the City Council and limited to $25.00 or less, and to include the canopies into the definition 17.04.040 of accessory buildings.

Motion Carried with Commissioner Marley abstaining.

Chairman Lavoie moved and Commissioner Wahlgren seconded to recommend approval to Brier City Council to change BMC 17.24.010 B (2) to be reworded to change 10% to 12.5 % and add a maximum of three accessory buildings and structures per standard building lots. Motion Carried with Commissioner Funk voting no.

Chairman Lavoie recessed for a 4 minute break at 9:00 PM.

Chairman Lavoie reconvened the Planning Commission at 9:04 PM.

Chairman Lavoie moved and Commissioner Wahlgren seconded to recommend approval to change BMC 17.30.060 (6) to change 10:00 PM to 11:00 PM. Motion Carried, with Commissioner Marley and Chrisman abstaining.

Chairman Lavoie moved and Commissioner Wahlgren seconded to recommend approval to remove the following words from BMC 17.30.020 (6) “for outside of”. Motion carried, with Commissioner Marley and Chrisman abstaining.

Chairman Lavoie moved and Commissioner Wahlgren seconded to amend a motion made on May 21, 2003 by the Planning Commission to BMC17.24.010 (C-1) to read as, “A secondary dwelling unit as defined by this division may be permitted as a Conditional Use on a standard building lot and all other zoning requirements are met, providing the owner of the property or a family member must reside in the primary dwelling or the secondary dwelling unit, and that no more than 4 persons reside in the other. The Secondary Dwelling Units are to be limited to 1200 sq. ft. or less of living space and have at least two (2) off street parking spaces.” Motion Carried. Councilmember Marley abstained.

There was discussion on 17.36.050 (E-5) appeal notice.

ADJOURNMENT:

Commissioner Lavoie moved and Commissioner Marley seconded to adjourn. Meeting adjourned at 9:29 P.M.