Review and discuss private property owners' request to revise the right-of-way easement through Observatory Mesa Natural Area. Staff will ask for a recommendation for the City Council’s consideration from the Open Space Commission at a future meeting.
Open Space Commission’s role (OSC Authority): It shall be the Commission’s duty to advise the City Council on acquisition, preservation, and alternatives for open space land management.

This summary describes the status of an easement leading from Hidden Hollow Road, across Observatory Mesa Natural Area, to a series of privately owned parcels; Right-of-Way 16-88092 (“the ROW”). The ROW is within the boundaries of the City of Flagstaff.  The purpose of this agenda item is to review private property owners' request to revise the right-of-way easement through Observatory Mesa Natural Area. Private property owners are asking to modify the existing ROW to allow construction of a twenty-foot-wide driveway to provide better access to their private properties so they can be developed. Following this review, the Open Space Commission can consider a recommendation for City Council consideration.
 

1. 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.
2. In 2014, the City accepted a $6 million-dollar grant (Grant 231303 - Observatory Mesa: Observatory Mesa Growing Smarter) award from Arizona State Parks for a Conservation Easement to protect and preserve the Observatory Mesa Natural Area. Because the ROW was created prior to the 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 Conservation Easement.
3. 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.
4. According to information shared with the City by the engineering consultant working with the private property owners, construction of the driveway cannot be accomplished within the boundaries of the existing ROW due to topography constraints.
5. City staff have met with the private property owners on multiple occasions and provided recommended changes to their construction plans to reduce the impact to the Observatory Mesa Natural Area, and those changes are reflected in the attached plan set.
6. Fire Access Driveway Design Criteria
   1. All weather surface certified by an engineering testing lab to withstand a minimum weight of 80,000 GVW. Engineer certification required.
   2. Minimum width of 20 feet.
   3. Access turning radius shall accommodate a 47-foot fire truck.
   4. Minimum overhead (vertical) clearance of 13’6”.
   5. Grades not to exceed 10% longitudinal, 5% lateral.
   6. Minimum 45’ on center turning radius (35’ inside and 55’ outside).  This is the minimum dimensions permitted to allow turning and maneuvering through the site.

 

7. Area impacted:
   1. The legal description for the current ROW alignment encompasses 3.52 acres. The proposed revised ROW alignment for the 20-foot driveway would encompass 2.7 acres. However, the total estimated area to be impacted during 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.
   2. If the ROW is revised, it would permit a 20-foot driveway plus the area needed for engineering the driveway, such as slope cuts and fill. The slope cuts and fill will be revegetated as a condition of the amended ROW easement.
8. AZ State Parks has asked the City of Flagstaff to review the request and determine its decision on the request to revise the ROW.
9. Following City of Flagstaff approval, the amended ROW and construction plans must also be approved by Arizona State Parks, the State Historic Preservation Office, and possibly the Arizona State Land Department. The application process is administered by State entities and not the City.
10. Conservation Easement Parameters
    1. Given the acquisition process, Arizona State Parks holds a conservation easement over the entirety of Observatory Mesa Natural Area, which dictates what types of improvement projects are allowed within the Natural Area. This is a legal mechanism to protect the natural resources and baseline conditions of the property (condition of the property at the time of acquisition). According to the 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.
    2. Observatory Mesa will 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.
    3. 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.
11. Northern Goshawk Habitat

1. Northern goshawk nest areas have been identified within the Natural Area. A post fledgling area (PFA) was identified by the Forest Service in 1993 and spans across City, Forest Service, and Lowell Observatory properties. Additionally, in 2016, the Forest Service located two northern goshawk nest trees in Section 6 of the Natural Area. A PFA has not been formally identified, but the drainage area was deferred from the mechanical cutting area to protect the sensitive species.
2. The northern goshawk is protected under the Migratory Bird Treaty Act and is currently listed as a “Species of Concern.” The post-fledging area (PFA) is an area used by young goshawks until they are no longer dependent upon adult goshawks for food. A PFA is typically 600 acres in size, close to a goshawk nest, and functions to provide cover for young goshawks from predators.
3. In Arizona, it was found that high levels of noise often caused failure of nesting during the incubation stage, and all nesting attempts that were occurring within 50 to 100 m (160 to 330 ft) of active logging failed. Other noisy activities, such as camping, have also caused nests to failure.

12. If the City Council approves the proposed revisions to the ROW, staff recommends that the following conditions be added to the revised ROW:

1. Required maintenance, snow operations, weed control, etc. for the easement area.
2. Any future impacts to adjacent city property would need to be mitigated by the easement holder and rehabilitated to specified standards.
3. Creation of HOA to provide legal entity responsible for conditions.
4. Observatory Mesa Natural Area trail access for public pedestrian users.
5. Gated entry to prevent non-resident motorized vehicle entry into the Observatory Mesa Natural Area, but still allow walking/biking access to the Natural Area trail system.
6. Limitation on future lot splits and subdividing of the private parcels that could negatively affect the conservation purpose of the Observatory Mesa Natural Area.

13. General Considerations

1. What are the primary City staff concerns associated with this situation?
   1. Respecting the legal rights outlined in the existing easement.
   2. Ensuring the Deed of Conservation Easement for Observatory Mesa Natural Area is not violated.
   3. Minimizing any impacts to the conservation values and ecological resources of Observatory Mesa Natural Area.
   4. Ensuring any new construction meets access requirements outlined in the Fire Code and Flagstaff Zoning Code.        
2. How did the City become involved in this situation?

1. The ROW easement was in place when the City acquired Observatory Mesa Natural Area from the Arizona State Land Department. The City of Flagstaff inherited the ROW easement as part of the acquisition process and is now responsible for administering the easement.    

3. What is the acreage of the privately owned parcels?

1. 120 acres.

4. What is the process for Arizona State Parks to approve this project within the Natural Area?

1. The private landowners must submit a proposal to Mickey Rogers at Arizona State Parks for consideration. This written proposal and request must include engineered drawings of the roadway and outline the acreage associated with the new alignment of the roadway. Specifically,  Arizona State Parks is interested in any acreage that will be impacted within the Natural Area if construction requires the private property owners to construct outside of the legal description of their existing easement. Per the terms of the conservation easement, Arizona State Parks has 60 days to review the request and provide a written response. If a response is not received, it is considered a denial of the request.

5. What does Arizona State Parks mean when it says that the road easement can be re-routed as long as there is a net-zero impact to the Natural Area?

1. Based on conversations with Arizona State Parks, it is our understanding that they would be willing to approve the required improvements to the roadway as long as the net impact to the Natural Area as part of the construction process is zero acres. This means that any disturbance associated with constructing outside of the legal description of the road’s easement (as described in the Arizona State Land Department easement) will require an equal amount of acreage of the abandoned roadway to be naturalized (e.g., seeded, planted).

6. Is the Open Space Program interested in keeping the easement open for public use?

1. Yes - the Open Space Section is interested in keeping the easement open for pedestrian public use given the limited opportunities for pedestrian access to Observatory Mesa Natural Area. However, the City of Flagstaff and the Open Space Section is not interested in assuming maintenance responsibilities associated with the roadway.

7. Is the Open Space Program interested in constructing a public trailhead along the road?

1. No.

8. What is the maximum number of units on the parcels that could be accessed by only one route for ingress/egress?

1. No application has been received for any of the private parcels. This question can only be accurately answered once the City receives an application as different standards apply based on the proposed use.

1. Do these city parcels have any other existing legal options for utilities and ingress/egress?

1. Unknown; we require the applicant to provide this information.

10. Would the City of Flagstaff be compelled to provide utilities to the parcels and, if not, would they permit septic?

1. The developer would be required to provide utilities. The City allows septic systems for rural properties, subject to ADEQ approval.

11. If the City of Flagstaff allows only one ingress/egress, how many splits could occur given that the current zoning is RR 5?

1. The current zoning is RR-Rural Residential. State statute allows two splits to create three parcels; however, it is unknown exactly how many parcel splits have already occurred. Any additional splits would be required to follow the City subdivision rules (please reference Title 11 of the City Code, and International Fire Code 2012).

• What is the maximum density of RR zoning and what is the process for re-zoning the parcels?

1. The maximum density is 1 unit per acre with paved road and City potable water; otherwise, 1 unit per 5 acres.

13.  What is the City of Flagstaff maximum slope allowable for emergency vehicle ingress/egress?

1. Current standards require a 10% slope.

• What is the process for the City of Flagstaff to approve the project and amend the easement?

2. The private landowners submit a proposal to Community Development to initiate that process.
3. The Open Spaces Commission will review the request and make a recommendation to City Council, either supporting or denying the request.
4. City Council will review the request to amend the ROW easement.
5. Arizona State Parks, the State Historic Preservation Office, and possibly Arizona State Land Department will review the request.

14. Attachments for Review

1. Right-of-Way 16-88092.
2. Proposed amended ROW concept plan.