Palmer annexation approved

PALMER -- The State of Alaska Local Boundary Commission approved most -- but not all -- of Palmer's 921-acre annexation petition. In a move that surprised city officials, the five-member commission voted four-to-one to leave part of the Bailey Hill neighborhood out of city limits.

"Emotions overran common sense on [Bailey Hill] … It got wrapped around the axle on sewer and water and fire service," Mayor Jim Cooper said the next day. "That's OK though. We got 90-plus percent of our annexation approved and we did well."

City leaders have said the annexation plan is a comprehensive approach designed to eliminate existing enclaves within city limits. The Boundary Commission has frowned on such enclaves in the past and told the city as much in past decisions.

But some parts of the annexation were mostly about people who wanted city water and the city's desire to provide that -- as well as planning, zoning and police patrols. To avoid creating new enclaves, the city petitioned to annex their neighbor's land as well, some against their will.

"It seems like you're kind of shoving it down our throats," property owner John Nolin said. "Has anybody ever thought of having a vote of the people who are affected by this? I thought that was how democracy was supposed to work."

Nolin also told the LBC that even though his property tax mil rate would fall after annexation, Palmer's zoning codes would cause the property's value to go up meaning higher taxes. Nolin operates a storage business on one property. He also owns vacant land in and around Palmer city limits and has sold land to developers in the past.

If Nolin's testimony was typical of Valley anti-zoning sentiment, then the testimony of city councilman John Combs might be described as typical of pro-zoning. Combs told the commissioners that the city was trying to continue its tradition of planned development -- a tradition that Combs contrasted with the rapid, unregulated development in other parts of the Mat-Su Borough.

"Commercial and industrial concerns in areas with little or no zoning have frequently demonstrated a lack of concern for their impact on adjacent neighborhoods," Combs said in a pre-written statement. He then said the strip development between Wasilla and Houston along the Parks Highway was "no better than a permanent flea market."

Palmer's annexation plan zones all of the incoming areas as single-family residential zones and then requires the city planning commission to review the zoning designation within six months. The LBC members asked several questions about this. After Nolin spoke commissioner Myrna Gardner asked Palmer council member Tony Pippel about the zoning codes.

"[Is Nolin] being annexed against his will and he has six months to petition for a change to his zoning?" Gardner asked.

Pippel told Gardner he could not recite all of the zoning procedures and deferred the question to city manager Healy. Healy explained that the code says the zoning commission "shall review" the zoning categories of the newly annexed property.

"Our intention is not to run anyone over," Pippel said.

Some property owners were worried about being allowed to keep large animals on their land. Healy told the commissioners that properties over one acre are allowed large animals with some limitations and there were set backs required for pasture land for health and safety reasons. Healy also said that in the case of properties smaller than one acre the city would follow a "use by right" policy. Use by right is a legal concept commonly referred to as grandfather rights.

"If it's smaller than one acre, that would be a situation where it would be a non-conforming use and the use by right approach would be followed," Healy said.

Glenn Jacob said his family was in favor of annexation and that they had to replace plumbing in their house due to hard water that destroyed their pipes. The family hauls their drinking water.

"We've learned to live that lifestyle, but it would be nice to be able to live the way the majority of the people live," Jacob said. The Jacob's house is south and west of downtown in a subdivision accessed off the Glenn Highway. Water there varies in quality, according to Jacob.

"We have neighbors who have a river of fantastic water and people across the street who have bad water," Jacob said.

Janet Jacob told the commission that even though her primary concern was a reliable water supply, she also saw a need for annexation with logical boundaries.

"We are three miles from the city center and I think keeping Palmer square is a good idea," she said.

The annexation will become official pending approval by the state legislature. The LBC ordinarily offers a package of boundary changes, incorporations and other actions to the legislature each year. Under state law, the legislature will have 45 days after the LBC's submission of the annexation to take action. The Alaska legislature can reject the plan through a simple majority vote in both the state House of Representative and the Senate.

If the legislature does nothing, the Palmer plan will pass subject to a U.S. Department of Justice approval. DOJ does a routine investigation into potential for violations of the Voting Rights Act of 1965. The investigation's intent is to determine if individual voting rights are compromised as a result of the boundary change.