MUNICIPALITY OF ANCHORAGE

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1 MUNICIPALITY OF ANCHORAGE ASSEMBLY MEMORANDUM No. AM - Meeting Date: August, 0 FROM: MAYOR SUBJECT: AN ORDINANCE ADOPTING THE CHUGACH STATE PARK ACCESS PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN, AND AMENDING ANCHORAGE MUNICIPAL CODE TITLE, LAND USE PLANNING (OLD CODE EXPIRES DECEMBER, ), SECTION.0.0F., AND AMENDING ANCHORAGE MUNICIPAL CODE TITLE, LAND USE PLANNING (NEW CODE EFFECTIVE JANUARY, ), SECTION.0.00B., TABLE.0-. Background and Plan Summary The 0 Chugach Access Plan was a joint plan development effort between the State of Alaska, Department of Natural Resources (ADNR), and the Municipality of Anchorage (MOA). The Plan identifies potential future access points, provides an inventory of existing secured access areas, and presents guidelines and methods for securing future access to the park. Note that one of the Planning and Zoning Commission s (PZC) recommendations is to rename the Plan the Chugach State Park Access Plan. This is how the Plan is referenced in this Assembly Memorandum, as well as the Assembly Ordinance. Anchorage Anchorage Bowl Comprehensive Plan (Anchorage ) and the 0 Anchorage Bowl Park, Natural Resource, and Recreation Facility Plan (Parks Plan) stressed the public value and importance of maintaining existing and establishing new connections to Chugach State Park across the MOA Park interface. The following policies and elements from these plans highlight the public s sentiment and the MOA s goals for Chugach State Park. Anchorage, Chapter, Policy #: Promote and encourage the identification and conservation of open spaces, including access to greenbelts, Chugach State Park, Anchorage Coastal Refuge, and Far North Bicentennial Park. Parks Plan, Chapter, Park Strategy : Work with the Alaska Division of Parks and Chugach State Park to preserve and protect public access points through Title

2 AM supporting Adoption of the Chugach State Park Access Plan Page of Amendments to Anchorage Municipal Code Title 0 0 dedication and the platting process. [The 0 Chugach State Park Access Inventory is the most current (as of 0) guide for preserving new state park access and should be used to determine appropriate access points.] In addition, the municipal Hillside District Plan (HDP) provides significant reference to Chugach State Park access with the following: HDP Policy 0-A: Identify proposed trails and trailheads to improve the system of trails within the Hillside District and access to Chugach State Park. HDP Policy 0-B: Provide a range of trailheads and parking areas to Chugach State Park, including neighborhood and auto-access trailheads. The HDP identifies implementation elements to be considered when improving access to Chugach State Park. Improved Access Points: Identify, reserve, and improve multiple pedestrian and small trailhead parking access points to Chugach State Park to diffuse and spread uses and to reduce crowding at any one location; Alpine Access Priority Trailhead Improvements: Provide one or more, larger-capacity trailheads at points that can handle crowds and more traffic without adverse effects on adjoining neighborhoods; this may require new land acquisitions and/or Heritage Land Bank land trades; and Improved Funding and Management: Develop significantly improved new ways to pay for capital improvements and operations and maintenance. This must include law enforcement, collection of park access fees, and trail (and road) maintenance. The adopted Title Revision codifies this relationship between the Municipality and Chugach State Park access with the following reference in the code section governing Dedications. Anchorage Municipal Code (New Code) section.0.00d. codified the use of and reference to the Chugach State Park Access Plan in anticipation of Assembly adoption:. Access to Chugach State Park, Community Use Areas, and Natural Resource Use Areas a. The platting authority shall require the dedication of public pedestrian access for a trail designated on adopted municipal plans, for connectivity with a trail or access point to a large Community Use Area or Natural Resource Use Area (as

3 AM supporting Adoption of the Chugach State Park Access Plan Page of Amendments to Anchorage Municipal Code Title 0 0 defined in the Anchorage Bowl Park, Natural Resource, and Recreation Facility Plan or the Chugiak-Eagle River Comprehensive Plan), and for connectivity with a trail or access point identified in the most current Chugach State Park Access Plan. The platting authority may modify the alignment, width, and scope of trail access routes as necessary to integrate trail and subdivision designs, so long as the resulting trails are of comparable gradient, directness, and utility, and reflect the general locations and patterns of existing or planned public access routes, Acceptable pedestrian access shall be platted in accordance with relevant provisions of this title and be at least feet wide, centered on an existing, recognized, new, or relocated trail. b. The platting authority shall require the dedication of a vehicular right-of-way for public access to trails, parks, and other public lands as defined in subsection D.. above, that are identified in an adopted municipal plan or the Chugach State Park Access Plan. Acceptable vehicular right-of-way shall be a public street that is platted and dedicated in accordance with relevant provisions of this code. In light of this approach to state park access, the Department requested and received from the Legal Department a legal opinion on how best to implement municipal policies and address the Chugach State Park Access Plan in future land use decisions. Because this Plan will function in a municipal capacity similar to the Areawide Trails Plan and the MOA Parks Plan, the Legal Department issued a legal opinion that the Plan be adopted as a comprehensive plan element in the Parks, Greenbelts and Recreational Facilities section (AMC (New Code).0.00 and AMC (Old Code).0.0). Public Participation Summary The Chugach State Park Access Plan s planning effort and public involvement program began in 0 and included: scoping meetings in Eagle River, Anchorage and Indian; stakeholder meetings; four open-house sessions; and meetings with municipal staff, community councils, and the Chugach State Park Citizen Advisory Board. Based on that input, a review draft was released for comment in January 0. The State received over comments from community councils, homeowners associations, Eklutna, Inc., the USDA Forest Service, municipal agencies, environmental and user groups, the Chugach State Park Advisory Board, and individuals. For the initial PZC review of September, the Plan was posted on the Planning Division s website and distributed to community councils, review agencies, and other parties. The public hearing schedules were announced on the municipal Public Notices web page. In addition, both the municipal Parks and

4 AM supporting Adoption of the Chugach State Park Access Plan Page of Amendments to Anchorage Municipal Code Title 0 0 Recreation Advisory and the Watershed & Natural Resources Advisory Commissions reviewed the draft Plan that also afforded the public opportunities to comment. The Department received comments (Exhibit D) from members of the public who live near and/or recreate in the State Park, from municipal agencies, the Alaska Department of Transportation & Public Facilities (ADOT&PF), the Chugach State Park Advisory Board, the Alaska Department of Fish and Game (ADF&G), two area homeowners associations, and one community council. Staff drafted an issue-response summary table for the Commission s reference. Role of the Chugach State Park Access Plan Section.0 of the Anchorage Municipal Charter requires the comprehensive plan and states that the assembly, by ordinance, shall adopt and implement, and from time to time modify, a comprehensive plan setting forth goals, objectives and policies governing the future development of the Municipality. Comprehensive plans obligate the Municipality to plan for parks, public access, and trails within its boundaries, which includes Chugach State Park. Following references from other comprehensive plan elements to Chugach State Park public access, the MOA Legal Department s direction was for the Plan to serve in a formal municipal capacity, as a comprehensive plan element. In this capacity, the Plan will serve as the legal foundation to guide subdivision actions, coordinated parks and trails planning and development, Capital Improvement Program (CIP) planning, and similar actions. Comprehensive plan elements serve as policies for growth and development including parks, roads, utility, and trail infrastructure. Chiefly, per AMC (New Code).0.00D. and.0.0c..k., the Plan will guide roadway, trail, and pedestrian access dedications during future subdivision actions at the interface area with Chugach State Park from Eklutna to Girdwood. Where appropriate, the Chugach State Park Access Plan will supersede, amend, or clarify specific access recommendations listed in other plans, including the Areawide Trails Plan, the Parks Plan, and the Hillside District Plan. Because this is a map-based planning document, public comment included concerns that adoption of this Plan might serve as a takings of private land. As with other municipal plans, the document serves primarily as a policy tool that includes locations of potential, suitable sites for future access points. It becomes a reference for planning purposes purpose, in this case public and safety access points to Chugach State Park. The Plan identifies categories of access on page, which focus on potential pedestrian and vehicular entry points. Future access points at these locations will primarily be accomplished via dedications in subdivision actions or via new trail sections built by the Municipality. Most of the larger new trailhead and parking sites are located within the state park boundary. If other larger access sites have been mapped on private land, they are considered an area of opportunity. The State intends to pursue the areas of

5 AM supporting Adoption of the Chugach State Park Access Plan Page of Amendments to Anchorage Municipal Code Title 0 0 opportunity via fee-simple acquisitions, land trades, or other transactions. Since the park boundary is established by State statute, ADNR cannot simply add new land to the park outside of this legislated boundary. In cases where a new subdivision is proposed adjacent to the park, the Plan and the platting process shall determine whether pedestrian or vehicular access is required. Where pedestrian access is required, this will be via dedication of rightsof-way, public use easements, or tracting out access parcels, all in accordance with Title. Where vehicular access is to be provided, a right-of-way will be dedicated. The specific location of the access will be determined by the Platting Board with input from the State and from a suitability analysis made during the subdivision process. Municipal adoption of the Chugach State Park Access Plan as a comprehensive plan element in no way obligates the Municipality to acquire or develop private land for the Chugach State Park. The Plan is to be used by the Municipality solely as an aid and foundation for consideration and where appropriate and applicable, requirement for public access easements in subdivision actions. In that sense, this Plan serves a similar function to the Long-Range Transportation Plan, the Areawide Trails Plan, etc., which enable the Municipality to extend roads, trails, utilities, parks, etc. during subdivision reviews, new trail development, and/or municipal park dedications and upgrades. Planning and Zoning Commission (PZC) Findings and Recommendations This Plan benefited from two formal public review processes, the State s and the Planning and Zoning Commission s. Exhibit A, the January 0 Draft Plan, reflects input and changes from the State s initial review process. Exhibit B includes the PZC s approved resolution, which includes their proposed amendments for consideration by the Assembly. The Public Hearing Draft (PZC Case No. -0) underwent public hearings before the Commission on September,, and April,. During this time, the Commission convened several work sessions, which resulted in amendments to the January 0 Draft Plan. These amendments are summarized in the Issue-Response Tables in Exhibit E (specifically, the Staff Packet for August, ). The amendments were incorporated into Attachment A of the Planning and Zoning Commission Resolution No. -0. The Assembly is being asked to approve the January 0 version of the Chugach State Park Access Plan (Exhibit A), along with the suite of amendments recommended and approved by the Planning and Zoning Commission as presented in Attachment A of Resolution No. -0 (Exhibit B).

6 AM supporting Adoption of the Chugach State Park Access Plan Page of Amendments to Anchorage Municipal Code Title 0 In addition, the Assembly is being asked to consider and approve a staff plan amendment (Exhibit C) to one item the Planning and Zoning Commission amended. Specifically, the MOA Community Development Department and the Alaska Division of Parks and Outdoor Recreation recommend that item # on page of Attachment A of Planning and Zoning Commission Resolution No. -0 be rewritten and shortened to the following:. Page, modify the third sentence and add the following new sentence in the first paragraph with the following: The Alaska Division of Parks and Outdoor Recreation and the MOA will coordinate periodic reviews of this plan to make plan modifications and to determine if access areas need to be added or removed. These reviews should occur every five years and would include a public process. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE CHUGACH STATE PARK ACCESS PLAN. Prepared by: Thede Tobish, Senior Planner Approved by: Jerry T. Weaver, Jr., Director Community Development Department Concur: Dennis A. Wheeler, Municipal Attorney Concur: George J. Vakalis, Municipal Manager Respectfully submitted: Daniel A. Sullivan, Mayor Exhibits: A Chugach State Park Access Plan Public Hearing Draft Document B Planning and Zoning Commission Resolution No. -0 C Staff Amendment to PZC Amendment # Regarding Language for Periodic Review of Access Areas D Planning and Zoning Commission Comments Received E Planning and Zoning Commission Staff Packet Information F Planning and Zoning Commission Meeting Minutes