Planning Commission Agendas and Minutes - The City of Brier, Washington 98036

CITY OF BRIER

PLANNING COMMISSION MINUTES

JUNE 15, 2005

7:00 PM

Chairman ProTem Wahlgren called the Brier Planning Commission meeting to order at 7:02 PM .

ROLL CALL:

Present: Commissioners Robert Nelson, Scott Warner, Gene Funk, Sue Wahlgren, David Marley, and Allyn Chrisman.

Absent: Commissioner Michael Lavoie.

APPROVAL OF MINUTES:

Chairman ProTem Wahlgren opened for consideration approval of the May 18, 2005 Planning Commission minutes. Commissioner Nelson moved and Commissioner Chrisman seconded to approve the May 18, 2005 Planning Commission minutes as written. Motion Carried. Commissioner Marley abstained.

COMMITTEE REPORTS:

Councilmember Doolittle gave a brief report of the City Council meeting issues.

Paul Sweum, Public Works Community Development and Planning Director, gave a brief review of the Public Works projects.

PUBLIC REQUESTS & ORAL COMMUNICATIONS

Peggy Dare - 22320 Hickory Way asked the Planning Commissioners if they had received a certain handout that she had submitted on Cottage housing Ordinances. Asked if they had received her summary of her comments on the Storm Drainage Ordinance changes that the Planning Commission had a Public Hearing on in January and the Planning Commission commented that they had received it.

Kerin Steel - 22000 Vine Road spoke about an article in the Seattle Times regarding the City of Shoreline on Cottage housing.

Commissioner Marley moved and Commissioner Chrisman moved to rearrange the Agenda and move New Business to just before Old Business. Motion Carried.

NEW BUSINESS:

Chairman Protem Wahlgren opened for consideration Ordinance No. 319 amending Brier Municipal Code provisions regarding drainage; adopting the State of Washington Department of Ecology Storm Water Manual for this region; amending identified miscellaneous provisions of the drainage code.

Jorge Garcia, City Engineer from Hammond Collier Wade Livingston explained to the Commissioners that they had done a tremendous amount of work on this Ordinance of which they had sent comment on to the City Council which they will be reviewing.

Mr. Garcia explained that the Planning Commission is being asked to review the proposed Ordinance and see if there are any modifications they wish to make to their previous recommendations. The Planning Commissioners decided not to rehash the Ordinance and let stand what they had sent on to the City Council at a prior time.

Chairman Protem Wahlgren opened for consideration to Review Ordinance No. 320 amending lot potential mitigation, excluding roads from buffers.

Jorge Garcia explained that the intent of Administrations is not to allow any type of construction within any sensitive areas or buffers. The Ordinance is to clarify that point. There was discussion.

Commissioner Marley moved and Commissioner Warner seconded to recommend to the Brier City Council to revise Ordinance 320 to include option B in lieu of the text under section 1. Motion Carried.

OLD BUSINESS – PUBLIC HEARING – CONTINUED:

Chairman Pro-Tem Wahlgren opened for consideration the continued Public Hearing from May 26, 2005 on the Comprehensive Plan. She explained the ground rules to keep comments clear, concise and quick.

*Paul Sweum – Public Works Community Development Director, gave a brief history and explanation of what has been happening and what has brought the City to this point in the Comprehensive Plan update. He explained that there are two workshops for citizen input planned as well as another Public Hearing. Mr. Sweum went on to explain the purpose of the workshops and how they will be set up. Mr. Sweum informed the citizens that there is a comment box at the front counter that is available for comments in writing.

*Rob Ruprecht - 21754 Russet Lane asked what kind of resources will be available to the citizens. He asked if he will know exact revenue dollars and percentages so that he can apply them to budget figures. He asked what kind of consequences we may have by not complying with GMA. Mr. Ruprecht asked if the minutes or notes from prior committee meetings would be available. Mr. Ruprecht asked how they can express their opinion on more than one topic.

Mr. Sweum stated that as to the potential consequences that information will be part of the workshop, but that there will be no way the finances will be exact, they are potentials. Mr. Sweum listed off some of the resources that will be provided.

*Melissa Dahl - 2809 241 st Pl SW – informed the Commissioners that what is being talked about is a public comment period and stated that this is a legal matter. She stated that the comments have to be legally available to the public. She stated that the comments have to be part of the Comprehensive Plan.

*Keith Maw - 2925 232 nd ST SW – asked how the meetings are publicized. Mr. Maw asked if Paul has attempted or been successful in getting a representative from CTED or the County to provide more structured information about GMA in general and in particular the Countywide policies and the whole process by which population has been allocated and where affordable housing has been set by the County.

Paul Sweum – answered that a flyer will be sent out, and that Dave Anderson from CTED will be attending the workshop and the Public Hearing on the 27 th of July.

*Kerin Steel – 22000 Vine Road – stated that there are misstatements coming out about what is required by the Growth Boards and the Growth Management act. She stated that there is no requirement to rezone an entire community to 1 quarter acre parcels. She is concerned that people will come and feel that is what they must do.

Commissioner Wahlgren answered Ms. Steel what she heard was said by City Staff and explained some of the misunderstanding of what has been said.

Commissioner Marley and Wahlgren explained some of the reasoning as to why the public was confused with the process of the Comprehensive Plan.

Mr. Paul Sweum talked about the Public Notice that will be going out in the mail. There was discussion.

*Peggy Dare – stated that the City should withdraw the SEPA determination, and Ms. Dare stated that she felt that the completion of the comprehensive plan was schedule driven and that forces a deadline.

*Keith Maw recommended that a step-by-step timetable of what goes on between those meetings and the final adoption plan by Council and be a two month plan.

*Ed Walker – 21206 Poplar Way – stated that he distributed the flyer along with others and was involved with composing it. Mr. Walker listed some of the concerns he had with the Comprehensive Plan. One was where the Comprehensive Plan states it is mandatory to have 4 lots per acre. He commented that the public would like to keep the zoning as it is now. Mr. Walker stated that he felt the workshops would be a waste of time. Mr. Walker spoke about the SEPA determination and the process. He encouraged the Planning Commission to request a text form of the Draft Comprehensive Plan. Mr. Walker gave his opinion as to what would be the better form of collecting information for the Comprehensive Plan.

Commissioner Chrisman stated that he will be leaving the meeting at 10:00 PM

Chairman Protem Wahlgren opened the Public Hearing at 8:22 PM .

*Ed Walker - 21206 Poplar Way – stated he would like the Planning Commission to ask the Administration for a text copy of the new draft Comprehensive Plan. He stated he is against the workshops and that there is no way of being productive. Mr. Walker stated that he likes the Public Hearing with recording for on record purposes and does not trust the process of a workshop.

*Fred Steel - 22000 Vine Road – wants to know if the people here felt that the planned workshops were in the best interest for the City.

*Rod Ruprecht - 21754 Russet Lane – thanked the Planning Commission for the opportunity to offer his opinion and to give input to the Comprehensive Plan. Mr. Ruprecht stated that he opposes the Plan, first because of how it came about and how it goes about addressing the GMA requirements. Mr Ruprecht felt the Plan came about with very little input from the Public and he stated the Plan does benefit a few of the larger land owners and that may be driving the Plan. Mr. Ruprecht stated that was his opinion and only his opinion. Mr. Ruprecht stated that the approach does not really explore the alternative approach such as the SIA’s or the transferring of the GMA obligation to other jurisdictions. He feels these should be looked into more. Mr. Ruprecht stated the Plan is not specific as to what the results will be as a result of decreasing a lot size. He stated that he is concerned with the Cottage/Village aspects because they do not give a specific size or area that will be allowed for this. It is just a concept and it is open ended. He stated his concern with the assisted living centers. Mr. Ruprecht stated the Draft has many errors and exclusions in it and this concerns him. Mr. Ruprecht gave a hand out to the Planning Commission.

*Daniel Zatz –2809 241 Pl. SW – gave encouragement and support to the Planning Commission and encouraged the keeping of the larger lot size of 12,500 S.F.

*Kerin Steel – 22000 Vine Road – stated that she realizes that the City is trying to make up for lost opportunity with public participation. She read RCW 30.78.140 – Comprehensive Plans insure public participation. She stated that the fact that the City had no Public participation is shocking. Ms. Steel talked about the flyer that the City of Seattle sent to the citizens giving a 2 year public comment period. Ms. Steel urged the Planning Commission to take their time in considering the Draft Comprehensive Plan. Ms. Steel commented on the fact that the City has provision for horses and animals and that if the City rezoned it would take this provision away from Brier. Ms. Steel pointed out in a letter all the inaccuracies with the SEPA determination.

*Keith Maw – 2925 232 nd Pl SW - Mr. Maw spoke regarding the importance of getting a legal opinion of where the City sits and where the risks are. Mr. Maw stated that the confusion regarding SEPA has to be resolved, he stated that the SEPA document was poor, it was missing the non project attachment, there was no description of what potential impacts were, there were no descriptions of any rational or mitigation for those impacts. He stated he was surprised that the SEPA official was not in attendance at either meetings and he cannot understand why the process can go on with any legitimacy without correcting those faults. Mr. Maw stated that he mentioned equestrian communities and brought a hand out for the Planning Commission. Mr. Maw spoke of a case in Bremerton regarding the establishing of 4 dwelling units per acre. He read some of the language from the documents, and spoke of Bellevue which included a concept that they call an equestrian overlay area.

*Ed Walker - 21206 Poplar Way – stated he read the SEPA determination and he had received the non project attachment.

Planning Commission took a 4 minute break at 8:43 PM

Chairman Wahlgren reconvened the meeting at 8:47 PM .

*Peggy Dare – 22320 Hickory Way – stated that the equestrian community in Snohomish County is unique, Brier is the only City in Snohomish County that has special mention of a an equestrian community. Brier also has the only public horse arena in Snohomish County . This is a character that is worth preserving. Ms. Dare stated that she would like the Comprehensive Plan to include stronger language for accommodating the equestrian community. Ms. Dare commented that the SEPA is substandard work. Ms. Dare asked the Planning Commission to write a letter to CTED asking them to not waste their time reviewing it because there is a more complete document on its way.

*Melissa Dahl - 2809 241 st Pl. SW – thanked those in the community that are knowledgeable in the community and who have taken their time to look into the Comprehensive Plan. She urged the Planning Commission to work even harder and stated that she felt there was no need to hurry and encouraged them to do the right thing and address the particular needs of Brier. Ms. Dahl described the community and the uniqueness of it and what it means to her. She stated what her concerns were with the developments that are going on, the water runoff in the City, her concerns with the consultant, making the process more open and working with the community.

*Daniel Farmer - 2341 217 th PL SW – stated that he lives in Brierwood and described his neighborhood. Mr. Farmer stated that he does not want Brier crowded together and liked being a bedroom community.

*Fred Steel – 22000 Vine Road – stated that he moved here because of the nature of Brie and agrees with the comments that have been made and wants to have the City maintain what is here already.

*Melissa Dahl 2809 241 st Pl SW – stated that part of the whole Growth Management Act is to save wildlife and since Brier has already has wildlife here why can’t this be part of our Growth Management Act?

*Daniel Farmer – 2341 217 th Pl SW – talked about the lifestyle in Montana and wanted that for Brier.

Commissioner Wahlgren stated that submitting the Comprehensive Plan that was submitted last time is not in Brier’s best interest. She stated that what is submitted now reflects as much of the spirit of Brier as possibly can be done and stay in compliance. She stated that no one wants to rezone Brier for 9600 SF lots and it is no one’s intention. She stated that we must work within the Growth Management Act to be in compliance.

*Paul Schroeder – 3226 238 th St SW has lived in Brier for over 25 years stated he purchased his property for an investment and stated he eventually will want his investment back and is interested in cottage housing. He asked the Planning Commission to consider the other side as well.

Commissioner Warner stated that is an important point to consider the property owners dilemma, to try to preserve the way things are and how do you come up with a plan or ordinances to allow property owners to develop.

*Peggy Dare 22320 Hickory Way - stated the real threat to Brier is the Real Estate industry. She talked about open space and tax revenues brought in. Ms. Dare handed in exhibits regarding equestrian overlays.

*Keith Maw –2925 232 nd Pl SW – stated that the last two speakers brought up the current way that the two workshops will turn into gripe sessions rather than looking at what it is we do want to do, what it is the law says we have to comply with and how do we develop strategies to do the best that we can to defend the style of life here and do it in a way that respects the property rights of the people who live here. He stated that these kinds of suggestions will not come out of workshop sessions.

*Daniel Zatz - 2809 241 st Pl SW – asked about the Park Board and taking suggestions from them and asked if there was a functioning Park Board.

Commissioner Wahlgren stated that at the May 26, 2005 City Council meeting the Park Board had resigned.

*Kerin Steel – 22000 Vine Road – Ms. Steel stated that Mountlake Terrace announced they were having Public Hearings on their Comprehensive Plan and asked if anyone on the Planning Commission had gotten information from those meetings.

Commissioner Wahlgren stated she had attended one of their meetings and was going to go to another meeting. There was discussion.

*Ed Walker – 21206 Poplar Way - apologized for his actions earlier and stated that this meeting is a perfect example of what works and would like to see more of these meetings rather than the planned workshops.

*Rod Ruprecht - 21754 Russet Lane – stated that the Comprehensive Plan is laborious to read through and asked how the Transportation section did not mate up with the Capitol Expenditures. He asked if there are resources available to match these things up.

*Melissa Dahl – 2809 241 st Pl SW – commented that it is evident that the expertise is not there to put the Comprehensive Plan together with the errors corrected. She stated that is Mr. Maw’s suggestion of soliciting legal counsel and a consultant to put something together sounds like a good idea. She urged the Planning Commission to take advantage of the classes that the State offers in how to put together a Comprehensive Plan.

*Keith Maw – 2925 232 nd Pl SW stated that CTED would come to Brier to give a presentation.

The Planning Commission requested a copy of the Draft Comprehensive Plan in text file.

*Fred Steel - 22000 Vine Road – complimented the Planning Commission and Chairman for staying on point tonight.

*Peggy Dare – 22320 Hickory Way – spoke about some of the key issues that are missing from the existing Comprehensive Plan in the Transportation Section.

*Ed walker 21206 Poplar Way – if the city can stall 6 more years from changing the zoning the property will develop out and there will not be an issue.

There was discussion with the Planning Commissioners.

*Peggy Dare – 22320 Hickory Way stated that she would like to see down zoning to 20,000 SF.

Commissioner Marley moved and Commissioner Warner seconded to continue the Public Hearing of the Draft Comprehensive Plan to July 27 th at 7:00 PM. Motion Carried.

ADJOURNMENT:

Commissioner Marley moved and Commissioner Nelson seconded to adjourn. Meeting adjourned at 9:58 P.M.