Ordinances 11-072 & 11-073 Repealing Title 27 and amending Title 16, 17.02 & 17.29

posted Jun 26, 2011, 3:48 AM by Tim Swezey   [ updated Jun 26, 2011, 4:37 AM ]

eMail from MSB  Planning department


June 20, 2011

 

 

To Whom It May Concern,

 

 

The Borough Assembly has referred two ordinances to the Planning Commission and Platting Board for 66 days.  Ordinance 11-072 would repeal Title 27 Subdivisions and adopt an amended Title 16 Subdivisions.   Ordinance 11-073 would amend the Mandatory Land Use Permit (17.02) and the standards for Flood Hazard Reduction (17.29).  The Planning Commission and Platting Board recommendations and comments need to be submitted to the Clerk’s Office by 8/12/11.

 

This letter is being sent out to individuals and groups that have participated in prior amendments to these ordinances and those parties who interact with them on regular bases. Your attendance at meetings, comments, and question related to this topic are encouraged.  Both the Planning Commission and Platting Board will be holding work sessions. During these work sessions citizens will be allowed to engage in dialogue with the board and commission, unlike a regular meeting.  Written comments on the draft ordinances must be received by the Planning Department no latter than July 1st.  The meeting dates are as follows:

 

Ordinance 11-072 (Title 27/16)

Ordinance 11-073 (17.02&17.29)

6/16/11  Platting Board meeting and work session

6/20/11 *Planning Commission meeting & work session

6/27/11  Joint Work Session (Planning/Platting)

7/7/11  Platting Board meeting and work session

7/11/11 Planning Commission meeting & work session

7/14/11  Platting Board meeting and work session

7/18/11 Planning Commission meeting & work session

7/25/11  Joint Work Session (Planning/Platting)

7/28/11  Platting Board meeting and work session

8/1/11  Planning Commission Public Hearing

Meeting Details

Location: Planning Commission and Platting Board meetings are held in the Assembly Chamber located in the Dorothy Swanda Jones Building in Palmer. The address is 350 E. Dahlia Ave., Palmer, AK 99645

Times: Platting Board – 8:30am, Planning Commission – 4:00pm* & 6:00pm, Joint Work sessions – 6:00pm, Public Hearing – 6:00pm 

 


Attached to this letter you will find a copy of the Ordinances being proposed. Amendments are highlighted in each document. For your convenience, text explaining the notations can be seen at bottom of each page in the draft ordinance.  Amendments are shown by the following

    • Additions: underlined, boldfasced, and highlighted in yellow
    • [DELETIONS: CAPATILIZED, BRACKETED, AND HIGHLIGHTED IN TURQOISE]

 

Written comment may be sent to: ( due 7/1/11)

Planning Department, Attn: Planning Commission

350 E Dahlia Ave., Palmer, AK 99645

Or

E-mail: planning@matsugov.us Subject: Planning Commission

 

 

For more information visit, http://www.matsugov.us/planning/prd or contact,

Judy Thompson, Planning Clerk at 745-9851, judy.thompson@matsugov.us

 

 

Thank you,

 

 

 

Judy Thompson

Planning Commission Clerk

 


My impressions of ordinances 11-072 & 11-073

Ordinances 11-072 & 11-073

Two ordinances are being submitted to the Planning Commission and Platting Board that will make the following changes:

  • Ordinance 11-072
    • Repeal Title 27 Subdivisions:
    • Adopt Title 16:
      • Amend Title 16 Subdivisions by:
        • Deleting elements of Title 16:
        • Inserting code from Title 27:
        • Words are changed, for example the s is deleted from Rules to make Rule
        • Words are replaced such as bond replaced by boned
        • The number 5 (five) is inserted at random into the center of words
        • Punctuation changed
  • Ordinance 11-073
    • Amend the following ordinances
      • Mandatory Land Use Permit 17.02
        • Deleting code
        • Inserting code
        • Punctuation changed
      • Flood Hazard Reduction 17.29
        • Deleting code
        • Inserting code
        • Punctuation changed


Written comments need to be submitted on or before July 1, 2011 to:

  • Planning Department
  • Attn: Planning Commission
  • 350 E Dahlia Ave.
  • Palmer, AK 99645


The Meadow Lakes Community Council was made aware to ordinances 11-072 and 11-073 by District Chief Bill Gamble at our June 8th meeting. Chief Gamble’s concern is that the repeal of Title 27 Subdivisions will make it more difficult for the West Lakes Fire Department to protect the community from the dangers of fire.


There are a number of issues with the proposed ordinances including Chief Gamble’s.

  1. The public doesn’t have an appropriate time to respond.
    1. We first heard of the ordinances at our June 8th meeting. I requested a copy of the ordinances which I received on June 13th. The planning department emailed me a version of both ordnances that show what code has been deleted and code that has been added on June 21st.

      That means that community council has ten days to respond and the public on my mailing list will have just five days to respond.

      Title 16 was enacted in 1975 and rewritten in 1988 until it was replaced by Title 27. Title 27 had three (3) years of public comment before it was enacted.

  2. The impact of repealing Title 27 and replacing it with an amended Title 16 on the West Lakes Fire Department.

    I wanted to do a side-by-side comparison of ordinance 11-072 to Title 27 and send it to Chief Gamble for feedback. 

    However there isn’t enough time before public comments are due. I will need at least three months to create the comparison and receive feedback from Chief Gamble.

  3. Ordinance 11-072 will have an unknown effect on the cost of building subdivisions.

    Ordinance 11-072 makes the following statements

    WHEREAS, Title 16, Subdivisions was in effect for over 20 years and served the Borough well until it was repealed in 2006 and replaced with Title 27.

    I live in a subdivision created under Title 16 and it is a train wreck. The hill at the entrance is too steep, the road too narrow and utilities weren’t placed according to code. The result is that the land owner is having a lot of trouble developing the rest of the subdivision.

    Emergency vehicles and residents can’t access the subdivision without chains when the hill gets too icy. My understanding is that the subdivision where I live isn’t unique and that’s what prompted the creation of Title 27. 

    There should be supporting documentation showing that Title 27 is more detrimental to subdivision development in comparison to Title 16.

    WHEREAS, The adoption of Title 27 has resulted in less local economic activity and subdivision development due to additional regulations and increased costs to Borough Residents to subdivide their property;

    There is no supporting documentation to show that Title 27 has resulted in less economic activity that is not the result of the downturn in the economy.

    Also because Title 16 is heavily amended with numerous deletions and insertions of code the economic effect of ordinance 11-072 is unknown.

    WHEREAS, Reform of Title 27 will provide new jobs through additional economic activity, yet maintain the health and welfare of Borough residents and lands within the Borough.

    Because of the numerous deletions and insertions of code the impact of ordinance 11-072 is unknown. 
    Both ordinance 11-072 and 11-073 have numerous deletion and insertion of code that change the legal intent of Title 16 Subdivisions, Title 17.02 Mandatory Land Use Permit and Title 17.29 Flood Hazard Reduction.

    1. Ordinance 11-072 (These are just a few examples, you can use the link to view the document for yourself.)
      1. Item numbers are deleted and replaced by a(*). The meaning of words are modified, for example deleting the (s) from RULES or replacing a word that changes the entire meaning of a sentence.

      2. Example 1 16.15.035 VACATIONS:
        (A) All applications and actions for vacations shall conform to A.S. 29.40.120 through A.S. 29.40.160.

        Has been changed to:
        (A) All applicants and actions for vacations shall conform to A.S. 29.40.120 through A.S. 29.40.160.

      3. Example 2 Section 16.15.045 PLAT APPROVAL (A.1.d)
        (d) the location of water bodies and drainage courses, including the location of flood hazard areas and known wetland areas;

        Has been changed to:
        (d) the location of water bodies and drainage courses, including the location of floor hazard areas and know wetland areas;

        Example 3 Section 16.55.055 DEFAULT (A):
        In the case of a performance bond, deposits in escrow, or letter of credit, the borough may demand immediate payment of a portion of all sums obligated for the payment of costs and fees or for the construction or warranty of any improvements. 

        Has been changed to:
        In the case of a performance boned, deposits in escrow, or letter of credit, the borough may demand immediate payment of a portion of all sums obligated for the payment of costs and fees or for the construction or warranty of any improvements. 
  1. Ordinance 11-073 [NOTE: Subsection 1-4 have been deleted and (5) & (6) are incorrectly numbered and should be numbered (1) & (2)]
    1. This addition to Title 17.02 looks like it could increase cost over the original intent of the code. (There isn’t enough time to write the borough and get an estimate of cost pre 11-073 and post 11-073)

      17.02.030 Procedure
      (B) A complete land use permit application will contain the following attachments:

      (5) Proof that a survey of the subject property by a licensed professional surveyor has been performed and all the property lines have been marked; or 
      (6) submission of a certified site plan, prepared and sealed by an architect, professional engineer, or a land surveyor and that the building(s) or structure(s) will be staked by a licensed professional surveyor prior to construction.
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Tim Swezey,
Jun 26, 2011, 4:16 AM
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Tim Swezey,
Jun 26, 2011, 4:16 AM
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Tim Swezey,
Jun 26, 2011, 4:15 AM
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