Neighbors Do Have Options To Stop Crazy Crazy Cat Development

Contrary to what the El Paso Times reported, neighbors opposing the Crazy Cat Mountain development known as Kern View Estates No. 2 do have options to stop the development. Finally reporting on the matter 5 days after the meeting, the EP Times would have us believe that there is nothing in a strong property rights state such as Texas that can be done to prevent development of any private property. (One wonders about the slant of their story - but that is another posting for sure.)

Among those invited to attend was Charlie Wakeem whose expertise on development and open space has been built on many years of involvement with open space, stormwater and open space master plans, and arroyo and zoning issues.

According to Mr. Wakeem there are four ways to preserve open space on privately held land: regulation, acquisition, incentives and conservation.

There is a fine line between a City's right to regulate development for purposes of public health, safety and welfare and illegally taking land. Nevertheless, the City can restrict growth through ordinances regulating grading, sub-division and zoning. In the instance of Kern View, the steep slope of the land may be a critical issue of safety.

Land can be acquired through an outright purchase as in the case of Resler Canyon; or it can be swapped. Also, a Public Improvement District can be created if homeowners agree to pay an additional fee over a period of time. Thunder Canyon at the end of Mesa Hills was preserved by the creation of a PID. Neighbors agreed to pay several thousand dollars more each amortized over 15 years.

Incentives can be used to prevent development on privately held land. These may be density transfers and park land credits (granting 50% park credits for leaving arroyos natural for example).

Finally and probably the least likely option to prevent further decimation of Crazy Cat Mountain, the land owner could put a conservation easement on the land in return for tax credits. The federal government gives large credits to do just that.

Of the four ways, Mr. Wakeem recommended that the Kern Place and Mission Hills Associations take a look at regulation first. The steep slope of the area is definitely problematic. A PID would be the last resort.

Wakeem advised that the group select a spokesperson who will be Bob Halter with the help of others. Neighbors were told that numbers of people involved is very important especially regarding the media. Pictures, Power Point presentations - all help build the case. Elpasonaturally will certainly help post any visual materials for the Associations.

Already some have asked whether the new Open Space Board can't make the proposed Kern View Estates No. 2 an agenda item.

The City's Plan Commission will hold a public hearing on Kern View Estates this Thursday, July 16, at 1:30 p.m. in the 10th Floor Large Conference Room at the City Hall Building. You can view the City Plan Commission Staff Report here. The hearing is item #8 on the agenda.