Ordinance call expected

MAT-SU -- Valley residents anxious to find out whether industrial and commercial development will be regulated in the core area can hold their breath just a little longer -- a decision is expected at the Mat-Su Borough Assembly meeting tonight.

The regularly scheduled meeting will be held at 6 p.m. at the Mat-Su Borough Building in Palmer. The proposed conditional use permit ordinance is listed as unfinished business, where it was placed after last Tuesday's public hearing on the matter adjourned.

At that meeting, more than 60 people testified, with approximately 40 percent of the crowd generally in favor of proceeding with the ordinance and about 60 percent against. Many of those against said the ordinance was an infringement on personal property rights.

"You ought to be able to do what you want to do with your land," David Conover told the assembly. "If people don't like it, don't move in next door."

Several people who spoke said it was time to institute restrictions as a means to protection.

"After a personal experience with land use problems and incompatible land uses, and having to move because of it, " Bob Hamblin said, "If you don't do something about sensible land use, people are going to look back on you in shame."

There was one thing the majority of both parties agreed upon -- that the ordinance needs more work. Several instances of confusion or seemingly overbearing restrictions were mentioned -- problems that are likely to be brought up around the assembly table this evening.

Some business owners, such as Tony Gumley, the owner of Valley Rental Center, said the noise-related portion of the ordinance could hinder their business. He operates diesel-engine trucks, he said, which generate approximately 90 decibels if measured 50 feet from the vehicle. That level of noise, according to the ordinance, must stay below the maximum of 85 decibels if generated on commercial property adjacent to other commercial property. The allowed noise level decreases if residential property is nearby.

"I, at Valley Rental Center, couldn't even run my own trucks on my own lot," Gumley said.

Others said the ordinance needed more clear definitions. Borough resident Jean Woods said she searched several reference texts to find a satisfactory explanation of what, exactly, a foot-candle is. The term is used numerous times throughout a section in the ordinance pertaining to exterior lighting.

Along similar lines, several suggested cleaning up what they called a cumbersome, difficult to understand ordinance. One man said he presented the ordinance to friends at an Anchorage design firm and was confronted with the question, "Was this actually intended to be implemented in the Valley?" The ordinance, he said, needed several detail-oriented revisions.

Several people commented on the new hazardous materials portion the ordinance includes, saying it was too restrictive to allow for their personal use. Heating fuel and several other types of fuels are allowed without the need for a permit, but the outside storage of several fluids, such as diesel, are limited. Although one man said it was confusing that outside storage of heating fuel was allowed while private property owners could not keep the same amount of the same fuel for use in vehicles, another speaker provided one reason why.

Ken Slauson, a member of the Local Emergency Planning Commission, said the need for planning in times of disaster warrants added restrictions on stored fuel. If his commission can provide information on stored fuel to disaster responders, some of the potential threat can be quelled.

"There is a limit to the amount of rabid free expression we can have," Slauson said.

The assembly will sift through the recommendations that the ordinance be shelved, shredded, revised or adopted this evening. Those wishing to obtain a copy can do so from the borough's planning department or by visiting the borough Web site on line at www.co.mat-su.ak.us.