Development question unsettled, again

By ANDREW WELLNER

Frontiersman.com

PALMER — It seems to be a question that just will not go away — how many housing units can someone build on a parcel before they need a permit?

The Mat-Su Borough Assembly spent multiple meetings hammering out the particulars of what is referred to as its “multi-family housing” regulations. The whole effort started with rumblings in October 2012 and seemed settled by March of this year. When that effort ended the rule was six units. A tweak earlier this month clarified that’s six per lot, not six per acre.

But Assemblyman Jim Colver wanted another change. What’s to stop someone from subdividing 40 acres into 40 one-acre lots and plopping down 240 units without any public notice or comment?

He tried to pass that rule earlier this month but failed. So last week he asked Assemblyman Vern Halter to open up the debate again and he tried a second time. The rule — any group of contiguous lots with the same owner that total five acres or less would need a permit for more than six units.

“It shouldn’t be considered on what’s on one lot but on the combined impact of the entire development,” Colver said.

Assemblyman Steve Colligan asked for more input.

“My big heartburn on this is the public’s never seen this or commented on this again throughout the process,” he said, advocating for the change to be sent back to the borough’s planning commission.

Halter said the ordinance had been amended in just this way previously and there was no reason they couldn’t do it again. He also sided with Colver, saying this isn’t stopping development, just requiring a permit.

“It’s not stopping something, it’s just saying lets go through the public process and get a permit,” he said.

But Assemblyman Darcie Salmon, who has opposed the changes most vociferously on the assembly, disagreed.

“It’s creating an enemy that doesn’t exist, trying to circumvent a problem that doesn’t exist, and show one property owner that you respect the rights of his property and deny the rights of this other property owner,” Salmon said. “This is just wrong. It’s inherently wrong. The restriction of private property rights.”

And developers had already met to come up with a way around the rules and would find it.

Eventually, though, Colver won the debate. His change passed 4-3 with Salmon, Colligan and Ron Arvin voting in the minority.

But any relief at having finally settled the matter was short-lived.

“Please be noticed that I am vetoing the amendment that was made to the multi-family ordinance,” read an e-mail sent Friday from Mat-Su Borough Mayor Larry DeVilbiss. “Our tinkering on this ordinance has been going on for over a year and I sincerely desire a new year for us that does not include rehashing old business that has long since taken care of the original concerns.”

As is standard procedure, Mat-Su Borough Clerk Lonnie McKechnie said she was placing the veto on the assembly’s Jan. 7 meeting agenda. A two-thirds vote could override DeVilbiss.

Colver wasn’t happy. He said the loophole was big enough to essentially make the permit requirement for large housing developments meaningless.

“There basically is no multi-family ordinance,” he said. “The public should be outraged.”

Contact Andrew Wellner at 352-2270 or andrew.wellner@frontiersman.com.