Consideration and Adoption of Ordinance No. 2026-16:  An ordinance of the City Council of the City of Flagstaff, approving amended and restated easements on Observatory Mesa with the Hidden Bluff Homeowners Association; providing for delegation of authority, severability, and establishing an effective date
 

Prior to the City purchasing the Observatory Mesa lands from the Arizona State Lands, a Right of Way ("ROW") between the State Land and a private property owner was granted for the purpose of access to privately owned parcels. Due to topography, the ROW as defined is not practicable or possible to develop to engineering standards to allow for development on the privately owned parcels. The owners of the ROW approached the City to amend the ROW legal description. The City purchased the Observatory Mesa lands through a grant of a conservation easement on the property from Arizona State Parks and the City must ensure that an amended ROW does not conflict with the conservation easement. In order to comply with the conservation easement, and in order to minimize impacts to Observatory mesa and ensure fire code safety, the Open Spaces Commission worked for several years to recommend the following conditions to amend the ROW to council, which council approved in 2024:

• Require the creation of an HOA to provide a legal entity responsible for maintaining the conditions--the HOA was created as an entity on April 10, 2026 and will be the party to the amended easement.
• Require a performance bond for the adjustment of the dirt road to ensure that the work will be completed and to warranty the work for three years to ensure proper construction.
• Require all construction on Observatory Mesa Natural Area Observatory Mesa Natural Area property to go through the Arizona State Parks and Trails Conservation Easement review requirements, which include but are not limited to an archeological survey, Arizona State Parks and Trails review, and State Historic Preservation Office review before construction can begin.
• During the road construction, require a revegetation specialist (i.e., ecologist, botanist, vegetation specialist) who is experienced in restoration ecology and local native plant communities be included in the project team to assist with project planning, direction, construction observation, monitoring, to document any impacts to the Natural Area, and provide prior notification to the open space Section impacts and planned mitigation efforts.
• All sections of the existing roadway that are not utilized in the proposed alignment must be decommissioned and restored to open space standards cited in the Restoration Guidelines.
• Require the road to be constructed on the private property where the ROW easement currently parallels the Observatory Mesa Natural Area property on the east boundary.
• Require the parcel owners to revegetate the road’s cut and fill locations and abandoned alignments to open space standards cited in the Restoration Guidelines.
• Require ongoing road (driveway) maintenance.
• Require all future utilities to be placed underground in the ROW so as not to interfere with the view sheds on Observatory Mesa Natural Area.
• Require Dark Skies Compliant Lighting on all light sources within the parcels.

The easement under consideration amends the existing ROW and incorporates the conditions previously approved by council and is now ready for council consideration and approval. If approved, the holders of the ROW will take the construction plans to the Arizona State Parks and Trails and the State Historic Preservation Office for further approval. A final version of the easement will be attached to the staff summary.

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• Council considered the conditions to amend the ROW on September 17, 2024
• Council discussed the item on June 25, 2024
• Letters and postcards sent to Hidden Hollow residents.
• Open Space Section sent out an email notification to their list.
• HOA notification for neighborhoods abutting the Observatory Mesa Natural Area.
• Informative flyers were posted at the Observatory Mesa Natural Area's main entry points and on notification boards throughout the community.
• Community calendar notifications.
• PROSE Facebook event was created.
• Open Space Commission public participation (12/11/2023, 01/22/2024, 03/25/2024, 04/22/2024).

Do not approve the amendment to the easement.

Background:

• In 1986, the ROW was purchased from the Arizona State Land Department for the development of “a public roadway.” It has not been developed and remains a primitive dirt road approximately 10 - 15 feet wide. It provides legal access to a series of private properties.
• In 2014, the City accepted a $6 million grant (Grant 231303 - Observatory Mesa: Observatory Mesa Growing Smarter) award from Arizona State Parks for a Deed of Conservation Easement to protect and preserve the Observatory Mesa Natural Area. Because the ROW was created prior to the Deed of Conservation Easement, Arizona State Parks recognizes the rights of the holders of the ROW to access private properties. The ROW allows for the construction of a public roadway on property protected by the Deed of Conservation Easement.
• The City has been informed that certain individuals seek to develop currently undeveloped private properties that use the ROW for access. The landowners of seven parcels totaling 114 acres abutting Observatory Mesa Natural Area (Parcel Numbers 11105002C,11105002E, 11105002F, 11105002H, 11105002J, 11105002K, 11105002L) are seeking improved access to their properties to construct a driveway, which is required before building permits can be granted. The proposed driveway would extend from Hidden Hollow Road approximately one mile through the Observatory Mesa Natural Area.
• According to information shared with the City by the engineering consultant working with the private property owners, the construction of the driveway within the boundaries of the existing ROW would be difficult due to topography constraints.

Fire Access Driveway Design Criteria requires:

• All weather surface certified by an engineering testing lab to withstand a minimum weight of 80,000 GVW. Engineer certification required.
• Minimum width of 20 feet.
• Access turning radius shall accommodate a 47-foot fire truck.
• Minimum overhead (vertical) clearance of 13’6”.
• Grades not to exceed 10% longitudinal, 5% lateral.
• Minimum 45’ on center turning radius (35’ inside and 55’ outside).  These are the minimum dimensions permitted to allow turning and maneuvering through the site.

Area impacted:

• The legal description for the current ROW alignment encompasses 3.52 acres. The proposed revised ROW alignment for the 20-foot wide driveway would encompass 2.7 acres. However, the total estimated area to be impacted during the construction of the driveway is 3.75 acres. The additional 1.05-acre area impacted by construction would be rehabilitated by the private property owners as a condition of the amended ROW easement.
• If the ROW was revised, it would permit a 20-foot wide driveway plus the area needed for engineering the driveway, such as slope cuts and fill. The slope cuts and fill could be revegetated as a condition of the amended ROW easement but would impact the condition of the Natural Area.
• Approximately 48 acres are located to the East of the current ROW easement. A well-traveled driveway could have impacts on wildlife use of that acreage.
• Staff are working with the community to develop a trail plan for the Observatory Mesa Natural Area. The implementation of this trail plan could include new trails, parking, and signage. A well-traveled driveway could have impacts on recreation. 

State of Arizona Involvement:

• AZ State Parks and Trails has asked the City of Flagstaff to review the request and determine its decision on the request to revise the ROW.
• Following City of Flagstaff general approval, the amended ROW and construction plans must also be approved by Arizona State Parks and the State Historic Preservation Office. This application process is administered by State entities and not the City.

Deed of Conservation Easement Parameters for the Observatory Mesa Natural Area

• Given the acquisition process, Arizona State Parks holds a deed of conservation easement over the entirety of Observatory Mesa Natural Area. This deed of conservation easement dictates what types of improvement projects are allowed within the Natural Area. This is a legal mechanism to protect the natural resources and baseline documentation conditions of the property (condition of the property at the time of acquisition). According to the deed of conservation easement, Arizona State Parks is required to approve all improvements and development on the property in writing. Arizona State Parks has 60 days to review these written requests and provide a response. If a response is not received, it is considered a denial. Additionally, the City is allowed to improve up to 20 acres of the Natural Area with trails, trailheads, parking areas, signs, etc.
• Observatory Mesa Natural Area is deemed to be used for a) protection of wildlife habitat; b) preservation of rare native plant communities; c) environmental education; d) scientific research; and e) provision of controlled public access for passive recreation such as wildlife viewing and non-motorized use of trails as well as continuation of traditional uses including hunting.
• Facility development will consist of low-impact trails, interpretive facilities, and the most basic visitor amenities such as a parking area and restrooms. In the long-term, an educational facility may be developed to support education and research activities on Observatory Mesa.  In accordance with the conservation easement held by Arizona State Parks, no more than 10% of the acquired land, up to a limit of 20 acres total, may be eligible for alteration or development, and no changes may be made to the parcel that would seriously or negatively affect its conservation and open space values.

Effective governance

There is no connection to the Regional Plan

There is no connection to the Carbon Neutrality Plan

There is no connection to the 10-year Housing Plan