Initiative Text

Initiative Descriptive Summary

This initiative will preserve approximately 253 acres of city-owned real property, commonly known as “McMillan Mesa,” and approximately 47 acres of city-owned real property south of Buffalo and McPherson Parks, as public open space for a passive park. It will prevent the City from using or transferring the land for any other purpose, and requires the City of Flagstaff to leave the land in its current natural state. The initiative permits the City to use up to ten (10) acres of the property for the construction of a veterans’ services facility.

Initiative Full Text

ORDINANCE NO. _____

AN ORDINANCE SETTING ASIDE, PRESERVING, AND DESIGNATING APPROXIMATELY 253 ACRES OF SPECIFIC CITY-OWNED REAL PROPERTY COMMONLY KNOWN AS “MCMILLAN MESA,” AND APPROXIMATELY 47 ACRES OF SPECIFIC CITY-OWNED REAL PROPERTY LYING SOUTH OF BUFFALO AND MCPHERSON PARKS AND NORTH OF EAST FOREST AVENUE, TO BE USED AS OPEN SPACE FOR PASSIVE PARK PURPOSES AND PROVIDING FOR EXCEPTIONS, SEVERABILITY, AUTHORITY FOR CLERICAL CORRECTIONS.

WHEREAS, the acquisition, provision, and development of parks, trails, and open space are goals set forth in Chapter V of the Flagstaff Regional Plan; and

WHEREAS, preservation of real property as passive park is considered a form of open space in the 1998 Flagstaff Area Open Spaces and Greenway Plan; and

WHEREAS, open space for passive park purposes makes a significant contribution to the well-being of the citizens of the City of Flagstaff; and

WHEREAS, the City maintains an interest in enhancing the beauty and recreational elements within the community, and open space for passive parks purposes contribute to those efforts;

ENACTMENTS:

NOW THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF FLAGSTAFF AS FOLLOWS:

Section 1: Dedication.

The portion of real property owned by the City of Flagstaff as described in the attached “Exhibit A” (the “Property”) and incorporated by this reference is hereby set aside, preserved, and designated as open space for passive park purposes.

Section 2: Exceptions.

The City Council shall have, in its discretion, the option to except up to ten (10) acres within the Property described in the attached Exhibit A to allow the construction and operation thereon of a facility to serve veterans, provided that it has a reasonable similarity to the facility and use contemplated by Flagstaff City Council Resolution No. 2015-16. The remainder of the Property not covered by this exclusion shall remain subject to the provisions of this Ordinance.

If the City Council exercises its authority to except property under this section, and such property is not put to the use described in this Section, the excepted land shall become open space for passive park purposes and subject to the same restrictions as the remainder of the Property described in Exhibit A.

Any ordinance or other act of the City Council attempting to transfer any interest in the Property described in Exhibit A for any purpose other than open space is contrary to the purpose of this initiative ordinance and the intention of the voters. The City Council may, however, transfer an interest in the excepted property to the State of Arizona, a political subdivision of the State, the Federal Government, or a non-profit corporation or public-service corporation, so long as the interest granted is subject to the restrictions described in this section.

Section 3: Limited Uses and Improvements.

The City shall use the Property described in Exhibit A in a manner consistent with the “Neighborwoods” category of Open Space as outlined in the 1998 Flagstaff Area Open Spaces and Greenways Plan. Any other use is inconsistent with the purposes of this Ordinance and the intent of the voters. Further, the City shall not construct, nor permit construction of, any new buildings, roads, motor-vehicle trails, or other improvements on the Property except as necessary for the limited use permitted by Section 2.

Section 4: Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

Section 5: Clerical Corrections.

The City Clerk is hereby authorized to correct typographical and grammatical errors, errors in punctuation, and errors in word choice to this ordinance. Further, City Staff is hereby authorized to make any necessary clerical corrections to the physical description of the property to properly identify the Property as described in the attached Exhibit A and intended to be the object of this Ordinance.

EXHIBIT A

Summary

Consisting of 253 Acres, more or less, of specific City of Flagstaff owned real property lying East of East Forest Avenue and South of East Cedar Avenue and commonly known as “McMillan Mesa” (APN 107-01-001B, 101-28-007C, and a portion of 109-02-001N) and 47 Acres, more or less of specific City of Flagstaff owned real property lying North of East Forest Avenue, East of Turquoise Drive and South of Buffalo and McPherson Parks (a portion of 110-08-001G) more particularly described as follows and demonstrated on the attached not-to-scale map:

  1. 107-01-001B

All of the City of Flagstaff owned real property located in the Northwest Quarter   of Section 14, Township 21 North, Range 7 East G&SRM, Coconino County,           Arizona lying Southeasterly of North Gemini Drive and West of Izabel Street.

  1. 101-28-007C

All of the City of Flagstaff owned real property located in the South Half of the Northeast Quarter of Section 15 and the North Half of the Southeast Quarter of Section 15, Township 21 North, Range 7 East G&SRM, Coconino County, Arizona as described in Docket 1507, Page 264 Coconino County, lying North of Switzer Mesa Unit 2, Case 2, Map 344 Coconino County and North and East of Switzer Mesa Unit 3, Case 3, Map 111 Coconino County and North of that property described in Instrument No. 3725664 and South and East of McMillan Mesa Village, Instrument No. 3488287 Coconino County.

  1. Portion of 109-02-001N

All of the City of Flagstaff owned real property located in the West Half of Section 11, Township 21 North, Range 7 East G&SRM, Coconino County, Arizona lying East of East Forest Avenue and South of East Cedar Avenue, North and East of North Gemini Drive, South and West of Coconino High School and less that City of Flagstaff owned real property designated by the City of Flagstaff as the location of the Hal Jansen Recreation Center (formerly known as the Flagstaff Recreation Center).

  1. Portion of 110-08-001G

All of the City of Flagstaff owned real property located in the Southeast Quarter of Section 10, Township 21 North, Range 7 East G&SRM, Coconino County, Arizona lying North of East Forest Avenue, South of Buffalo and McPherson Parks, South of the FUTS trail formerly the location of Cedar Avenue, east of Turquoise Avenue and West of North Gemini Drive less 34 Acres, more or less, lying North and West of East Forest Avenue, and South and West of North Gemini Drive, comprising Committed Facilities on City of Flagstaff land including but not limited to the U.S. Geological Survey and Northern Arizona Center for Entrepreneurship and Technology facilities.