LMCC SpUD Rescission Resolution

Proposed:        November 11, 2010

Approved:        February 10, 2011

Whereas the Lazy Mountain Community Council area has been involved in a zoning effort referred to as a “SpUD” for a couple of years, and

Whereas this process was initiated and propelled by a very small percentage of the community, and

Whereas at  one public meeting  at least, in the comprehensive planning process, the  majority  voted to NOT have the comprehensive plan become a zoning law, and

Whereas every effort to date to amend the LMCC SpUD has not satisfied the concerns of members or even made an effort to answer written testimony and positive suggestions, and

Whereas all indications are that the broader the community is involved the greater the opposition to engaging any more zoning than is already in place Borough wide, and

Whereas our annual meeting in October was attended by 164 people. The vote on the LMCC  SpUD and absentee voters brought the total vote to 261 people with a final count of 99 members voting in support of the SpUD and 162 against, and

Whereas perhaps there has been some merit to vetting this issue in the community and most would at least credit the effort as well intentioned, but

Whereas at this point in time the longer this process goes on the more divisive it becomes,

Now therefore be it resolved that the Lazy Mountain Community Council hereby requests by a vote of the membership that the LMCC Board  notify the Borough Assembly and request that the LMCC  SpUD process be rescinded and the  LMCC SpUD Planning Team be disbanded.

We the undersigned testify that this resolution was approved by the Lazy Mountain Community Council with a vote of 71 in favor to 4 opposed.

___________________________________                                ________________________________________

Gerald Devilbiss, LMCC Board President                                Jay Van Diest, LMCC Board Secretary

Christine Nelson, Planning DirectorEileen Probasco, Chief of PlanningMark Masteller, Planning Commission ChairWarren Keogh, District 1 Assembly MemberMatanuska Susitna Borough350 E DahliaPalmer, AK  99645
RE:  Lazy Mountain Community Council SpUD Next Steps
The Lazy Mountain community has been involved in the SpUD process for the past two years. At the Lazy Mountain Community Council (LMCC) annual meeting on October 14, 2010, voting occurred on the SpUD draft by 261 residents. The vote was 99 in favor and 162 opposed to the SpUD. The purpose of this letter is: 1.   Informing you of an upcoming January meeting where the LMCC may request rescission of the SpUD process, and2.   Requesting that the MSB Planning Commission and Assembly not take any unilateral action that would advance the SpUD process for the Lazy Mountain Community Council area.
Since publication of the first SpUD draft last spring, residents have expressed concerns that are not curable with tweaks to the SpUD document. Chief among the concerns expressed by residents is the idea that residents do not want to increase land use restrictions on their personal farm/residential property through the enactment of a SpUD. Additionally, other concerns were expressed that included problems with a SpUD start-up process that was launched by few individuals; as well as substantial trepidation with land permit fees and the bureaucracy regarding ‘grandfathering’ existing land uses and obtaining future conditional use permits for activities that either are currently allowed, or activities that may be added to a ‘land use restrictions’ list in the future.  These stated issues and specific provisions contained within the draft SpUD, brought out vocal, substantial, and persistent opposition to the idea of a SpUD on Lazy Mountain. It is important to understand that many of those residents opposed to the SpUD thought their vote of no would stop the SpUD process and not just the current draft of the LMCC SpUD.
On November 11, 2010 (a LMCC meeting), one of the members of the Lazy Mountain community brought forward a strongly worded resolution requesting the rescission of the LMCC SpUD process. This resolution will be acted on at the next LMCC meeting in January 2011. The LMCC bylaws (Article 5.Section F) requires prior notice for consideration of any motion that has the effect of changing or nullifying previous action of the community council.
Because of the action the LMCC will be taking at the January meeting, the assurances we received from borough planning staff that the borough would not impose a SpUD on an unwilling community, and the opposition of the community to the idea of a SpUD on Lazy Mountain, we respectfully request that the MSB Planning Commission, the MSB Planning Department, and the MSB Assembly not impose any further action regarding the LMCC SpUD. The residents of Lazy Mountain would like the opportunity to decide the next steps of the LMCC SpUD. The residents of Lazy Mountain would like the opportunity to discuss and decide our formal request to the borough regarding the future of the LMCC SpUD process.
Thank you for your forbearance and understanding.
Respectfully,

Gerald Devilbiss, David Devilbiss Lorri Van Diest2011 LMCC President 2011 LMCC Vice-President 2010 LMCC President
Cced: Planning Commission Members – John Anderson, Dick Zobel, William Bruu, Patrick Johnson, David Cheezum, Gary Foster; Borough Assembly Members – Noel Woods, Ronald Arvin, Mark Ewing, Cindy Bettine, Jim Colver, Vern Halter

Absentee ballots may be requested by submitting a written request to Jay Van Diest, LMCC Board Secretary. The requestor’s signature must accompany the request.

Either submit an email (with scanned signature) to jay@valleymarket.com or mail the request to:

Jay Van Diest
16801 E T&T Lane
Palmer, AK 99645.

(Jay can be reached at 232-4852.)

All absentee ballots must be postmarked by 6:30 PM October 14, 2010 to be considered valid. All completed absentee ballots must be mailed to:

Lazy Mountain Community Council
16005A E. Shawn Dr.
Palmer, AK 99645.

Call Lorri Van Diest, LMCC Board President, with questions about the absentee balloting process.

Normally the meetings are held at the Lazy Mountain Bible Church, but it was unavailable this time. The meeting will be held in the conference room right next to the Borough Assembly room; simply walk into the building, go to the lower level, and take a left.

As always, the meeting is open to the public, and everyone is encouraged to attend!

You can click on Written Comments received on the draft SpUD.

Bags and gloves will be provided to help volunteer clean trash off the side of the roads.

Where: At the Fire Station on Clark Rd.

When: 10:00 am to pick up bags and select spots on the roads to clean, 12:00 for Barbeque and Potluck.

Feel free to bring anything you would like to contribute to the potluck. The following volunteers have generously agreed to donate the following initial items for the barbeque:

Hotdogs & Hamburgers – Boys Center, Brad Oh

Hamburger buns – Karen Lopez

Hotdog buns – Chris Whittington-Evans

Grill – Jake Anders

Drinks – Lorri Van Diest

Condiments – Ken Klunder

Plates & utensils – David DeVilbiss

Cups – Lorene Lynn

Napkins – Jim Sykes

Dessert of some sort – Margaret Adsit

planning@matsugov.us

Or send via USPS:

Matanuska Susitna Borough
Planning and Land Use Department
Planning Division
350 East Dahlia Avenue,
Palmer, AK, 99645

Or Fax to:

(907) 745-9876

Make sure to do it no later than 5:00 PM on Thursday, May 6th, because that’s when the Borough will stop accepting comments. This will not be your last chance to either comment on the plan, or have input, but it would be very helpful if you would consider submitting them nonetheless, to aid in the process of improving the SPuD.

Directions: Enter main doors of building, go to right down the stairs. Next to the assembly chambers is the conference room. The meeting is open to the public, and everyone is encouraged to attend!