§ 21.10.040 — Process

21.10.040 - Process.

A. Any property to be developed under this title must be part of an approved new community plan or an infill community plan as defined and set forth in Chapter 21.30 or Chapter 21.40 of this title respectively. B. Any property to be developed under this title must be first zoned "SmartCode Zone". The rezoning application shall include the following: 1. A site plan drawn to scale in black and white, and not less than eight and one-half inches by eleven inches and not more than twenty-four inches by thirty-six inches, showing the boundaries of the property proposed for rezoning, names of streets immediately adjacent to the property proposed for rezoning, the north point, the legal description of the property proposed for rezoning and the amount of land included. When over eight and one-half inches by eleven inches, the drawing shall be on paper suitable for reproduction; 2. A proposed regulating plan for the land being rezoned that complies with this title, consisting of one or more maps showing the following: a. For new community plans, regulating plans designate the precise location of (1) transect zones (Section 21.30.040); (2) Civic Zones, including civic spaces and Civic Buildings (Section 21.30.050); (3) Special Districts, if any (Section 21.30.060); (4) Thoroughfare network and block layout (Section 21.30.070); (5) Special requirements, if any (Section 21.30.090). b. For infill community plans, regulating plans designate the precise location of: (1) transect zones (Section 21.40.030); (2) Civic Zones, including civic spaces and Civic Buildings (Section 21.40.040); (3) Special Districts, if any (Section 21.40.050); (4) thoroughfare network, existing or planned (Table 3A, Table 3B); (5) Special Requirements, if any (Section 21.40.070). 3. Submittals of new community plans and infill community plans shall also include additional information required by this title, such as: a. Identification of pedestrian sheds and community types; b. Requests for warrants or variances, if any (Section 21.10.050); c. Proof of notice of proposed application to any recognized neighborhood association required to receive notice pursuant to Chapter 2.102 of the City Code. 4. The process and procedure once an application is submitted shall be in accordance with the provisions of Article VI of Title 20, Zoning, Chapter 20.04, of the City Code, except that the application requirements specified in Section 21.10.040 B. shall supersede the application requirements stated in Article VI of Section 20.04.380, Zoning. C. Once the property is rezoned to SmartCode Zone (SCZ), the property owner is authorized to proceed under Chapters 21.30 and 21.40, whichever is applicable, and Chapter 21.50 under this title. El Paso City Council, hereby creates a Consolidated Review Committee (CRC) comprised of a designated member or designated alternate member from each city department or other agency represented by the development coordinating committee. The CRC shall be responsible for approving adjustments to new community plans as defined in Chapter 21.30 or infill community plans as defined in Chapter 21.40 of this title and approving building scale plans as defined in Chapter 21.50 of this title. Building scale plans shall not be approved unless a new community plan or an infill community plan for the property has been approved. No building scale plan shall be required where the development is for apartments or mixed-use residential development that meet all minimum requirements set forth in Chapter 21 (SmartCode) and 20.10.363. An owner may appeal a decision of the CRC to the city council. D. Once the property owner receives approval of a preliminary building scale plan from the CRC (see Section 21.50.010), except that no building scale plan shall be required where the development is for apartments or mixed-use residential development that meet all minimum requirements set forth in Chapter 21 (SmartCode) and 20.10.363, the property owner must comply with the provisions of Title 19 (Subdivisions) to receive plat approval, provided that any provisions concerning platting requirements that are specifically addressed in this title, shall take precedence over similar requirements in Title 19. Prior to the submission of any plat, the property to be developed under this title must be part of an approved preliminary building scale plan. When reviewing a plat submitted in compliance with the provisions of this title, to include approval of the building scale plan, the city plan commission shall determine whether the preliminary building scale plans were approved by the CRC and whether the plat provisions contained in Title 19 which are not addressed in this title have been complied with. The city plan commission shall have no authority over the building scale plans other than to determine whether such preliminary plans comply with both Title 21 and Title 19, provided that where Title 19 conflicts with a specific provision under this title, addressing the same issue, the standard or requirement of this title shall prevail. 1. Applications for plat approval under this title may request to reduce the scope of, or eliminate, the Traffic Impact Analysis requirement of Title 19. The city manager or designee, upon review of such request, may modify this requirement if the applicant can adequately demonstrate that the new community plan or infill community plan will not necessitate street infrastructure improvements to the adjacent street network or neighborhoods. E. An interim plat may be approved without reflecting the regulating plan provided that the plat contains the following plat note: "This land is zoned SmartCode and a regulating plan has been approved. Prior to the issuance of any city permits, a plat reflecting the regulating plan must be approved and recorded. F. Should a violation of an approved new community regulating plan, infill regulating plan or building scale plan occur during construction, or should any construction, site work, or development be commenced without such an approved plan, the city engineer or designee shall require the owner to stop, remove, and/or mitigate the violation.

(Ord. 16945 § 2 (part), 2008) (Ord. No. 17542, § 4, 4-26-2011; Ord. No. 17903, § 1, 11-6-2012; Ord. No. 019816, § 1, 11-18-2025)