Cedar Park subdivision possibly delayed

PALMER — The Palmer City Council approved a variance request from Cedar Park LLC in June to allow for a curb and gutter variance for the proposed 83 lot subdivision north of Palmer. Cedar Park Properties LLC CEO Connie Yoshimura presented to the Council in May, promising that with the passage of the variances she would be able to begin construction this year.

The council approved one variance and City Manager John Moosey approved three other variances from city code, but the council voted 4-3 not to approve a variance request to street lighting. Among the 22 members of the public who spoke at the meeting on Tuesday, three were specifically concerned with a subdivision agreement that staff argued prevents Cedar Park from beginning their work on the subdivision.

“At 5 :11 p.m last evening I received the subdivision agreement reviewed by city attorney Michael Gatti which no developer would ever sign. It is in direct conflict to what I was led to believe was an example of the subdivision agreement was sent to my engineer on July 21, 2021 by Public Works Director Chris Nall indicating that with the variances that had been approved and individual septics, the agreement for this project will read a little differently in some areas. The changes required in Cedar Park go beyond the variances and have not been applied to any other subdivision made by the city in the past 11 years because we have gone back and we have looked at every subdivision agreement that the city has approved over the last 11 years,” said Yoshimura. “They changed out owner in this agreement and put in developer which makes me responsible for the next 100 years for a septic system that fails unless I put in water and sewer which was the variance that I received from the city.”

Yoshimura has developed properties in Alaska for 35 years and listed other issues with the subdivision agreement she received on Monday night.

“I will not be able to build this subdivision this year unless the matters that are here that are in conflict with the variances and that are egregious and I would like not to think malicious or prejudicial in some way, if this subdivision agreement cannot be brought up to a legally acceptable standard which reflects the subdivision agreement standards that was in the code that we were referred to to develop this agreement by the close of business on Friday, I will not be able to proceed with this subdivision as I promised this council that I would be able to do in May,” said Yoshimura.

Cedar Park engineer Steve Panone of Panone Engineering also testified in shock at the subdivision agreement. Panone said that state of Alaska approval is not required for septic systems under 2,500 gallons per day even though the subdivision agreement calls for state approval.

“My last 30 years I’ve been specializing in well and septic system design, testing and development. This requirement in here specifically says that if the septic system fails, a single septic system, that the house has to be abandoned and has to be connected to city water and sewer. First off, that’s just complete, it’s craziness,” said Panone.

At every meeting that Cedar Park presented and at many others where they were not present, Eric Anderson had spoken in opposition to the variances, arguing that the city Manager had no authority for approval. Anderson then filed an official appeal, which he has since removed.

“I’ve been clear I want the development to go through more than anybody because I’m adjacent to it. I’ve been warning you guys since March, since I found out about the application for variances that the process was flawed,” said Anderson. “I think we owe the developer an apology for one for the city not following the laws.”