PRESERVING GREEN SPACE: A CONSERVATION STRATEGY

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Overview

Past Actions Work Efforts Open Space Designations Conservation Options Recommended Strategy Next Steps PSB Action Needed

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Past Actions

March 5 PSB recommends Scenario 1 as preferred development scenario for PSB Northwest Properties PSB authorizes EPWU staff to present recommended conservation strategy to City staff for vetting - Code amendments - Conservation Covenant March 20 City Council selects Scenario 1 as preferred development scenario for PSB Northwest Properties & authorizes SmartCode rezoning application & development of conservation strategy First EPWU/City staff meeting held to discuss recommended conservation strategy

March 27

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Work Efforts

EPWU/City Staff Committee formed:
Mathew McElroy, Director, City Development Department Carlos Gallinar, Comprehensive Plan Manager, Long Range Planning David Coronado, Lead Planner, Long Range Planning Elizabeth Gibson, Senior Planner, Long Range Planning Lupe Cuellar, Asst. City Attorney Patricia D. Adauto, EPWU Consultant Risher Gilbert, EPWU Outside Legal Counsel

Weekly meetings held Due diligence research assigned, conducted & shared Alternatives identified, evaluated & vetted Invitation to impacted parties for Committee briefings Deliberative process & consensus reached

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Work Efforts

Specific Tasks:

SmartCode Regulating Plan Dover Kohl & Partners in third draft development Survey of Properties (developable & open space designations) Evaluation of Environmentally Sensitive Infrastructure & Low Impact Development Standards
Code Amendments Drafted Inclusion of Stormwater Open Space designation in Titles 19, 20, & 21 Inclusion of Utility Green Space designation in Titles 19, 20 & 21 Pertinent definitions and standards Designation of areas within SmartCode Regulating Plan Conservation Strategy Four primary options identified Strengths, limiting factors & outstanding issues developed Conservation Covenant finalized (if applicable)
06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Open Space Designations

Corrected boundaries
Required transect data & diagram development Survey of developable sites Survey of open space areas

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A CONSERVATION STRATEGY Open Space Designations

CONSENSUS APPROACH:
Major arroyo areas in path of or adjoining development must be treated differently to manage stormwater management Development will impact water flow into the arroyos and will need to be modified to provide flood control
increased peak flow increased runoff volume Increased pollutant loads

Not all arroyos can be preserved in their natural state and utilized as is for stormwater drainage
Improvement of portions of the arroyos will be necessary to handle volume and velocity of water in the development and adjoining areas

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Open Space Designations

CONSENSUS APPROACH:
When improvements are necessary, all tools to preserve as much of the arroyos should be incorporated (hybrid channels with environmentally sensitive infrastructure) Adjoining development shall utilize Low Impact Development design approach to minimize disturbance of arroyos and to better manage stormwater flows LID goals:

Non-structural controls first through better site design, conservation of natural areas, watershed planning, etc. Implement stormwater measures that harvest, infiltrate & evapotranspirate stormwater to reduce volumes Reduce impervious surfaces where possible Treat stormwater as resource, not waste

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Open Space Designations

Open Space Designations: Stormwater Open Space

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Open Space Designations

STORMWATER OPEN SPACE:
A natural open area to be used to help manage stormwater, reduce flooding risk and improve water quality as its primary purposes, while still permitting passive recreational use of the open space as secondary purposes to the area. Water, wastewater and stormwater utility systems within areas designated for stormwater open space shall be designed with environmentally sensitive infrastructure and constructed with a low impact development approach. Any area designation shall:

- require approval of the Floodplain Administrator

- conform to the Master Stormwater Management Plan - conform to the Open Space Master Plan - be shown within the boundaries of any platting or zoning document required by the City

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A CONSERVATION STRATEGY Open Space Designations

Open Space Designations: Stormwater Open Space Utility Green Space (conserved lands)

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Open Space Designations

UTILITY GREEN SPACE: An area of protected or conserved land where development is limited or controlled to preserve large areas of undisturbed open space as its primary purpose, while still permitting passive recreational uses and necessary water, wastewater and stormwater utility systems as secondary purposes to the area. Any area designation shall be shown within the boundaries of any platting or zoning document required by the City.
Conservation covenant may be required to provide further protection of the area Uses allowed and prohibited are enumerated, and may be further restricted in a conservation covenant Property shall be subject to development standards of the City Code Defines water, wastewater and stormwater utility systems

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY Conservation Options

FACTORS APPLICABLE TO ALL OPTIONS AS RECOMMENDED BY EPWU/CITY STAFF: SmartCode rezoning application for entire site (Scenario 1) Designation of open space areas as presented Utility Green Space areas only are subject to conservation protection

All options will allow water, wastewater & stormwater utility systems that may be necessary to serve future development

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A CONSERVATION STRATEGY Conservation Options

Requirements/Conditions in Deed of Conveyance Special Zoning Designations

PROTECT OPEN SPACE

Conservation Easements

Restrictive Conservation Covenants

A CONSERVATION STRATEGY Conservation Options

1 Deed to State
(Inclusion into Franklin Mountains State Park)

2 Dedicate as City Park

3 Record Conservation Covenant

4 Record Conservation Easement

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A CONSERVATION STRATEGY Conservation Options Conservation Easement

STRENGTHS LIMITING FACTORS

Perpetual Protection Amendable with agreement of owner and third party Landowner retains fee simple title Flexibility in easement structure Legal enforcement is applicable if breach occurs Difficult to remove easement Supported by local environmental groups Provision for a management plan Non-profit or government agency can be holder of the easement

Operation and maintenance unfunded Limited inspection of lands by land trust Mostly used on private lands for tax incentive purposes Third party must demonstrate financial staying power Practice of flipping easements among land trusts Greater municipal funding partnerships may be necessary

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A CONSERVATION STRATEGY Conservation Options Conservation Covenant

STRENGTHS LIMITING FACTORS

Perpetual Protection Amendable pursuant to its terms Landowner retains fee simple title Flexibility in covenant structure Legal enforcement is applicable if breach occurs Difficult to remove covenant Same legal effect as easement Provision for a management plan Covenanting program used by national trusts

Oversight of covenant Determination of covenantee to manage land Operation, maintenance & inspection unfunded Limited local experience

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A CONSERVATION STRATEGY Conservation Options City Park

STRENGTHS LIMITING FACTORS

Perpetual Protection (requires referendum vote to remove) Adds to open space amenities State regulations impose limiting restrictions on park and open space usage

Operation, maintenance & inspection unfunded Burdens current maintenance levels of active park space Maintenance crews not attune to requirements for environmentally sensitive lands

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A CONSERVATION STRATEGY Conservation Options Deed to State

STRENGTHS LIMITING FACTORS

Perpetual Protection Links trail-head access points Adds to open space amenities Can tailor terms of land transfer to protect values & goals Land reverts to City if conditions of deed are not met Past partnership success with State On-site park rangers to monitor use & maintenance Adds to the largest urban park in the country Proven record of stewardship, $1.7 million facelift to park grounds Active park management plan Hold expertise in sensitive lands
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Burdens current operations/maintenance budget for 26,000+ acre state park Requires Legislative authorization for park inclusion Conditions of land transfer to be agreed upon by state Public cost for entry into the park

A CONSERVATION STRATEGY Recommended Option

UNANIMOUS EPWU/CITY STAFF RECOMMENDATION:

Deed to State for Inclusion into the Franklin Mountains State Park
(with language that reverts land back as a City Park)

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A CONSERVATION STRATEGY Next Steps

PSB Endorsement of Recommended EPWU/City Staff Conservation Strategy
City Council Approval of EPWU/City Staff Conservation Strategy Finalize & Adopt:
Municipal Code Amendments (Titles 19, 20 & 21) SmartCode regulating plan, surveys & LID standards

Add Land Transfer to 2013 State Legislative Agendas at City and EPWU/PSB Coordinate with Texas Parks & Wildlife Department on all aspects of land transfer Prepare Deed for land transaction Secure 2013 State Legislative approval & execute Deed

06/13/12 PSB Meeting Item #11

A CONSERVATION STRATEGY PSB Action Needed

Endorse Recommended EPWU/City Staff Conservation Strategy presented Recommend EPWU/City Staff Conservation Strategy be imposed on Utility Green Space within SmartCode regulating plan, Scenario 1 Authorize President/CEO to forward PSB recommendation to the El Paso City Council (July 17)

06/13/12 PSB Meeting Item #11