Chairman Marley called the Brier Planning Commission meeting to order at 7:00 PM.

ROLL CALL:

Present: Commissioners Marley, Rosman, DeMorret, Hanson and Councilmember Gallagher.

Absent: Commissioners Weston, Jonart and Kolden.

Staff: City Planner Flathman, City Attorney Dawn Reitan, Deputy Fire Marshall Karl Fitterer, City Engineer John Forba.

APPROVAL OF MINUTES:

Chairman Marley opened for consideration approval of the August 21, 2019 Planning Commission minutes. Motion: Approve the August 21, 2019 Planning Commission minutes, Moved by Commissioner Rosman, Seconded by Commissioner DeMorret. Motion Carried.

COMMITTEE REPORTS:

Councilmember Gallagher discussed recent City Council activity.

PUBLIC REQUESTS & ORAL COMMUNICATIONS: None.

PUBLIC HEARINGS:

1. Chairman Marley continued the August 21, 2019 Public Hearing at 7:02 PM for Conditional Use Permit No. CU19-05 for Restoration Associates NW, Neighborhood Business Zone Application at 23711 Brier Road.

Ramona Wijayratne of Brier, would like to see the Commissioners and Council honor the intent of the BMC. Do not allow this business, it will open up the door for other businesses that do not fit in or belong in the City of Brier.

Ken Davis of Brier, is concerned by the nature of this business, it would bring down the property value of surrounding homes.

Eberlin Schwinn of Brier, is concerned that this business is more commercial and industrial then what is currently in Brier and does not belong here.

Adam Torcaso of Brier, currently lives next door to the applicant, he wanted to let the public know that the concerns about noise in the middle of the night has never been an issue for him. No chemical smells come from the property, he fully supports keeping this business in Brier.

Craig Harris of Brier, lives across the street from the applicant, he has never heard noise in the middle of the night, the outside of the house is kept very clean, the business is very professional and should stay in the City of Brier.

Larry Hinrichs of Brier, owns Brier Realty, explained that the building that houses Brier Realty is rarely used anymore, most of his employees work from home. He is in favor of this business application.

John Dennon of Brier, feels the applicant was misleading in the responses to the City criteria on the application. He feels this business cannot be considered a professional office.

Britt Dennon of Brier, is concerned by the chemicals to be stored at this business.

Suzanne Marlowe of Brier, lives next door to the proposed business location, she provided photos of the proposed business from her backyard view. She is concerned about vehicle washing and it getting into the storm system and hearing noise from vehicles coming and going in the middle of the night. Would like a fence installed to give her screening and privacy on her property.

Melissa Stuker of Brier, feels that 3-6 months more is needed to review this business. She will file with the State if this business is approved any sooner. Who is going to monitor and inspect the business and who pays for the inspections.

Laurie Wyant of Brier, lives a few houses from the applicant, she is in favor of this business application. She never hears or smells anything coming from his property.

Miroslaw Skrzypkowski of Brier, does not want to see the neighborhood changed to allow this business. Is concerned about noise and chemicals coming from this business.

Bob Jordan the applicant, spoke and said that the vans do not have back up beepers and they do not mix chemicals on site, they are not industrial chemicals, they are EPA approved. He stated that they are certified in restoration.

Marilyn Joplin of Brier, feels that the BMC should be reworked, it shows that the code does not reflect what the citizens want.

Kenny Short of Brier, lives across the street from the applicant and is in favor of this business. He has never seen or smelled any chemicals.

Bob Jordan the applicant, said that should they be allowed at this new site they will have an open house to allow the community to come see how the business operates. They have already been conducting this business in Brier for 2 ½ years with no issues to his neighbors.

Magdalena Skrzypkowski of Brier, would like to know if the City is planning to change the zoning in the City to not just be residential.

Commissioner DeMorret asked the Deputy Fire Marshall Fitterer about the chemicals to be stored at this site, he said the fire department would conduct an annual inspection of the location if it were located in the neighborhood business district, if it continues to run as a Home Occupation, the fire department does not inspect those. He has inspected the proposed location and has made recommendations for storage of the chemicals.

City attorney Reitan spoke on how to interpret “professional office”.

Chairman Marley asked the Deputy Fire Marshall does the annual inspection cover the entire property including storage sheds. The Fire Marshall confirmed, yes it does.

The Public Hearing closed at 7:58 PM.

There was Commissioner discussion.

Motion: Recommend denial to City Council of Conditional Use Permit No. CU19-05 for Restoration Associates NW, Neighborhood Business Zone Application at 23711 Brier Road, for it does not meet the intent of the code in the neighborhood business zone, Moved by Commissioner Rosman, Seconded by Commissioner Hanson. The Motion was withdrawn.

Motion: Recommend denial to City Council of Conditional Use Permit No. CU19-05 for Restoration Associates NW, Neighborhood Business Zone Application at 23711 Brier Road, for not meeting the requirements of BMC 17.30.030, Moved by Commissioner Rosman, Seconded by Commissioner DeMorret. In favor, Commissioners Rosman and DeMorret. Against, Commissioners Marley and Hanson.

Motion: Recommend denial to City Council of Conditional Use Permit No. CU19-05 for Restoration Associates NW, Neighborhood Business Zone Application at 23711 Brier Road, for not meeting the purpose of BMC 17.30.010, Moved by Commissioner Hanson, None seconded. Motion died.

Chairman Marley continued the meeting to a date certain of October 16, 2019.

Chairman Marley called a 5-minute recess at 8:34 PM.

Chairman Marley resumed the meeting at 8:42 PM.

2. Commissioner DeMorret advised she lives within 300 feet of the 22610 Brier Road. Chairman Marley asked if anyone had an objection to any Commissioners participating in the Public Hearing, there were no objections.

Chairman Marley opened the Public Hearing at 8:44 PM for Preliminary Approval of the Brier Landing Subdivision No. SUB18-03, and variance from the requirement to provide a 10 foot Utility Easement, Variance No. V19-01, located at 22610 Brier Road. City Planner Flathman gave an overview of the project with a recommendation to approve and forward to City Council.

Lee Michaelis with Puget Sound Planning is representing the applicant, he further explained the reason for the variance of the utility easement. They will comply with the tree replacement code.

Maryann Renfro of Brier, is concerned with the amount of trees to be removed and has seen wildlife on site that should be protected.

John Szalda of Brier, is concerned about water runoff on the southwest side of the property and how it will be contained.

Suzanne Harney of Brier, is concerned with the number trees to be removed, what will happen to the trees on her property.
She has seen eagles on this property. She feels a variance should not be given to the applicant.

Steve Glasoe of Brier, asked how many trees are on the lot, and why should so many be taken down. He too has seen eagles on this site. He is also concerned about water runoff.

Tracey Kelly of Brier, is concerned about how many trees are being removed and the wildlife.

Dan Kessler of Brier, is concerned about the trees to be removed and how the trees left on surrounding lots will survive.

Tom Barringer of Brier, is concerned about the trees being removed, he asked to have three more of the trees removed due to leaning toward a neighboring house.

Mellisa Stoker of Brier, wanted to clarify why they are asking for a utility variance. She would like to see the City do a better job of informing the community about public hearings.

Lee Michaelis addressed the reason for the variance and the tree removal.

Scott Spooner with Wetlands and Wildlife accessed the property for wildlife habitats.

Ghulam Abbas explained how there will be a stormwater vault on site.

Commissioner Hanson feels the arborist report is inadequate and lacking information, it was incorrect listing some species of trees, also saying some trees are unhealthy but really are healthy trees. He recommends removing all the trees except the trees on Brier Road.

Commissioner DeMorret asked if any research was done to see if an underground spring in on this site.

Chairman Marley asked what is the purpose of the tree protection fencing if they are/should be removed.

The Public Hearing closed at 9:30 PM.

Motion: Recommend approval to City Council for Preliminary Approval of the Brier Landing Subdivision No. SUB18-03, and variance from the requirement to provide a 10 foot Utility Easement, Variance No. V19-01 and the draft resolution, located at 22610 Brier Road, Moved by Commissioner DeMorret, Seconded by Commissioner Rosman. Motion Carried.

ADJOURNMENT:

Motion: Adjourn, Moved by Commissioner Rosman, Seconded by Commissioner Hanson. Motion Carried. Meeting adjourned at 9:33 PM.