Review and discuss private property owners' request to revise the right-of-way easement through Observatory Mesa Natural Area and consider a motion to move this topic on to City Council consideration.

This item is a request from private property owners to amend right-of-way easement 16-88092 (ROW) for the construction of a driveway from Hidden Hollow Road through Observatory Mesa Natural Area to properties on the eastern side of Section 6. 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 and to formulate a possible recommendation for Flagstaff City Council considerations.
 
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.
 
At the Open Space Commission meeting on March 25, 2024, the commission discussed possible motions and conditions for inclusion in a recommendation for the Flagstaff City Council consideration. Those motions and conditions included, but may not be limited to, the following: 
 
Possible motions may include:

1. Option A: The Open Spaces Commission recommends that private property owners confine travel and future improvements within the current ROW Easement #16-88092.
2. Option B: The Open Spaces Commission recommends that the Request to Amend the ROW Easement #16-88092 be considered without additional conditions.
3. Option C: The Open Spaces Commission recommends that the Request to Amend the ROW Easement #16-88092 be considered with the following conditions:
4. Option D: The Open Spaces Commission feels that they cannot make a recommendation at this time because of the lack of information related to the Conservation Easement that protects the property and is held by the Arizona State Parks and Trails. If the Flagstaff City Council decides to consider the amendment request for the ROW Easement #16-88092, the commission suggests that the following conditions be included in the amendment.

 
Conditions:

1. Require the creation of an HOA to provide a legal entity responsible for maintaining the conditions.
2. 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.
3. Require all construction on OMNA 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.
4. 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.
5. 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.
6. Require the road to be constructed on the private property where the ROW easement currently parallels the OMNA property on the east boundary.
7. Require the entry to be gated at the OMNA boundary to prevent non-resident motorized vehicle use into the OMNA but allow for pedestrian, bicycle, and equestrian access.
8. Submit an as-built certified survey to the City within 60 days of completion.
9. 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.
10. Require ongoing road maintenance.
11. Require all future utilities to be placed underground in the ROW so as not to interfere with the viewsheds on OMNA.
12. Prohibit future lot splits and subdividing of the parcels.
13. Prohibit (or limit) Accessory Dwelling Units on all parcels.
14. Require Dark Skies Compliant Lighting on all light sources within the parcels.
15. Require parcel holder to monitor for future impacts to adjacent city property caused by road use or maintenance and report impacts to the Open Space Section to gain approval to perform mitigation by the easement holder and rehabilitate to specified standards.