El Paso City Council Will Consider Natural Open Space Zoning Ordinance

If it is important to you to protect wildlife in El Paso's three major wildlife preserves (Keystone Heritage Park, Feather Lake Wildlife Refuge, and the Rio Bosque Wetlands Park), make plans now to attend the March 16th City Council meeting. Open Space Advisory Board's proposed Natural Open Space (NOS) zoning ordinance will probably be on that agenda for discussion and action. (Council agendas are posted here. The agenda for an upcoming Tuesday meeting is usually posted by the Friday before.)

As usual, some key members of City staff oppose portions of the ordinance. To read the proposed ordinance, just go here. The paragraphs staff is contesting are highlighted. What is at issue is who pays for the landscape buffer should an industry move next door to the protected habitat.

Staff did agree with the Open Space Advisory Board (OSAB) that the landscape buffer, setbacks, and rock wall are necessary to protect the wildlife. However, they are recommending that the wildlife preserves pay for the improvements rather than the high impact industrial or commercial property owners on the adjacent property. These stricter regulations do not apply to most zoning districts, such as residential, offices or low impact commercial.

The City Plan Commission (CPC) voted 4 to 2 agreeing with staff. Most of the CPC is composed of members of the development community.

The real issue is how serious the City of El Paso is about protecting wildlife in its three major wildlife preserves: Keystone, Feather Lake, and Rio Bosque. Is it the fault of these preserves a high impact land use would move next door to them? Who should be responsible for the buffers, walls and setbacks? Open Space Advisory Board Chairman, Charlie Wakeem, says that there may be some room for compromise such as reducing the height of the rock wall from 10' to 8' and perhaps allowing for a less expensive material than rock. The 10' landscape buffer and setbacks are very important in order to protect the wildlife, particularly migratory birds and their breeding.

If the wildlife preserves are to be responsible for the strict protection restrictions as recommended by staff and the CPC and there are now only three wildlife preserves in El Paso and all three are owned by the City of El Paso, then shouldn't the City of El Paso pony up for those wildlife protections? It will be interesting to see how City Council members feel about doling out your tax money when industrial businesses encroach on your wildlife preserves.

Members of the original Open Space Committee tried to get the NOS zoning ordinance passed since the Open Space Plan was approved in March 2007. It was stalled and pigeonholed until OSAB became a board over 6 months ago. The Open Space Master Plan recommended implementation of this zoning ordinance within 6 to 12 months of the plan's approval (March 17, 2007). Here it is - three years later.