MUNICIPALITY OF ANCHORAGE

Transcription

1 MUNICIPALITY OF ANCHORAGE PARKS & RECREATION DEPARTMENT MEMORANDUM PRC DATE: December 13, 2007 TO: FROM: ` SUBJECT: Parks and Recreation Commission Tom Korosei, Park Planner Proposed Development Affecting Tony Knowles Coastal Trail Easement, Vicinity of Lyn Ary Park The owner of property adjacent to a section of the Tony Knowles Coastal Trail is applying for permits to build a house, including work that, as proposed, would affect a trail easement area. The application for a fill and grading permit for work affecting the easement was submitted to the Municipal Right-of-Way Division, which requested comments from the Parks and Recreation Department. The Department s comments are attached. Staff s comments reflect a proposed compromise which attempts to balance the public interest in the trail easement for present and future needs, with the property rights of the landowner. The easement document (copy attached) suggests that such a balance between these interests is appropriate. Although the staff believes that under the terms of the easement document the entire easement area is to be treated the same, other legal issues that may relate to interpretation of the easement are left to others to decide. The applicant proposed removal of certain vegetation within the easement, construction of a fence, and some earthwork for structural support for the dwelling. (Proposed site plan attached.) Staff proposes some Municipal review procedures for work in the easement area, as well as limitations on removal of vegetation, placement of the fence, and recommendations on filling and grading. In addition, there would be a time limit for completing the work, and the permit would be revocable. Staff would not prohibit activities in the easement entirely. With some exceptions related to the existence of the easement, such as apparent public benefit and restricting access to portions of the easement area by the fence, the staff believes that criteria for review of encroachments have been substantially addressed. The Encroachment Policy Committee met and considered staff s comments and, with some suggested changes, and subject to further comments from the Commission, is generally comfortable with proposed response. Staff requests the Parks and Recreation Commission consider the attached memorandum and provide any comments. Cc: Mark Pfeffer Turnagain Community Council Lori Schanche, MOA Non-Motorized Transportation Coordinator Robert Owens, Assistant Municipal Attorney PRC TKCT esmt encr.doc

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7 DATE: December 5, 2007 MUNICIPALITY OF ANCHORAGE PARKS & RECREATION DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: Lynn M. McGee, Sr. Plan Reviewer Tom Korosei, Park Planner 2nd Review revised, Turnagain Northeast Subd., Lot 1A-1-A, Grid 1426, Fill and Grade Pmt. # As noted, the work proposed under the subject permit application would affect an easement for the Tony Knowles Coastal Trail. Based on our understanding of the easement for trail and access purposes, the Parks and Recreation Department generally opposes private construction, including site work, within that easement that would result in permanent facilities not related or beneficial to the trail and appurtenances. We believe that the private development within the easement could adversely affect future use of this area for trail reconstruction, maintenance, or similar needs. Parks and Recreation generally recommends that any disturbance within the easement area be minimal in size and duration, and that the disturbed area be restored with native earth and plant material as nearly as possible to its prior condition. Non-native material used to replace native material must be free of deleterious material; must not diminish potential of the easement area for trail, landscaping, or related public use; and related site work must otherwise meet municipal standards and be approved by the Parks and Recreation Dept. With written approval based upon submittal of a suitable landscaping plan for planting or removal of vegetation, and field verification by municipal staff, the MOA Parks and Recreation Department would not object to removal or trimming of certain trees other than spruce, birch, aspen, or other specific species within the easement area, unless determined by the Parks and Recreation Department to be a hazard to trail users or to property. The Parks and Recreation Department may further agree to the removal of shrubs and other plant species or removal of those portions of such species above a height four (4) feet above the supporting grade, provided such removal would not significantly diminish the integrity or appearance of the trail and easement area. All removal of vegetation must follow recommendations of and be supervised by a Certified Arborist, and all related work must be completed at the developer s expense. It should be noted that the MOA may plant or authorize planting of spruce, birch, aspen, or other specific plant species to help prevent erosion and otherwise stabilize the easement area, and to visually or otherwise enhance the easement area. The Parks and Recreation Department would not object to erection of a fence not less than 20 feet from the edge of trail pavement within the easement provided the design is approved by the Parks and Recreation Department, the design and installation meet or exceed MOA standards, the owner indemnifies the Municipality for any loss or injury related to the fence including construction and maintenance, and the Municipality may remove or request removal of the fence, at the owner s expense, upon reasonable notice if deemed in the interest of the MOA. The Parks and Recreation Department recommends that approval of work within the easement be valid for 18 months to allow completion of proposed modifications. Work not completed within that period would require a new permit. Finally, the Department recommends that the permit be formally recorded so the terms remain readily available in the future. Staff anticipates that the proposed fence (design and location) would be reviewed by the Parks and Recreation Commission prior to staff approval. These recommendations are made subject to review by the Parks and Recreation Commission at its December 13, 2007, meeting and public hearing, and may change based on public input and Commission action.

8 Lynn M. McGee December 5, 2007 Page 2 As before, it appears possible to design the house, including foundation, in such a way as to avoid any permanent impact on the easement area. However, if the applicant wishes to pursue plans that would result in such permanent changes other than as described above, we believe the proposal would require further review and approval of the Parks and Recreation Commission, and may raise legal issues that would need to be resolved. Please let us know if we may answer any questions. Thank you for the opportunity to comment. Cc: R. J. Dillon, Director, Parks and Recreation Robert P. Owens, Assistant Municipal Attorney Parks and Recreation Commission