ALTERNATIVE SUBDIVISION/SMART CODE DESIGNS

El Paso City Code tit. 19, art. 2, ch. 19.26

in effect

El Paso City Code § 19.26.010 Purpose.

19.26.010 - Purpose. Purpose. It is the purpose of this title to provide for the consideration of alternative subdivision designs, smart growth and form based subdivisions, infill developments, mixed-use districts and alternative improvement designs and engineering which differ from the conventional design standards as outlined within this article of this title, but which are based upon sound engineering, planning and urban design practice. Infill development provisions would encourage the development of smaller, isolated tracts of land in the inner city or the area surrounding it that have been passed over by development and have remained vacant for years, and may include platted or unplatted land. "Alternative subdivision improvements" means alternative designs for physical improvements such as streets, water and wastewater, as well as any other infrastructure element of a proposed development. Smart code subdivisions are those adopted in accordance with the Smart Code provisions of the City of El Paso. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

El Paso City Code § 19.26.020 Infill development.

19.26.020 - Infill development. A. Intent and Purpose. The following guidelines are designed to meet the intent and purpose of the infill sections, requirements and references in Title 20, the zoning ordinance to reinvigorate existing communities and neighborhoods and support new compact, single or mixed-use development. This chapter is intended to reduce barriers to infill development, and to provide incentives such the use of flag lots and private drives, reduced drainage standards on smaller parcels, reduced fees and participation in or reduced requirements for infrastructure. B. Application. An application for an infill development procedure shall be submitted at the time of preliminary plat application. The infill development subdivision design will be reviewed under the provisions outlined in the zoning ordinance under the alternative subdivision design provisions for infill development, as well as in Chapter 19.03, Preliminary Plat, of this title, as amended and provisions outlined in this title. The infill subdivision improvement plans and applicable incentives must be submitted, requested, reviewed and approved prior to final plat approval of an infill development and recordation. All applications shall be submitted on a form supplied by the planning division with the required information as stated on the application form and meeting the administrative submission requirements available in the planning division. C. Designated Areas. The provisions of this chapter shall apply to areas designated for infill development in Title 20, the zoning ordinance. D. Zoning Districts and Related Single-Family Lot Sizes. The applicable zoning districts in which the infill development procedure may be used and the infill development standards that may be permitted for single-family uses through the use of the procedure shall be as allowed by the infill development provisions of the zoning ordinance. E. Incentives. In addition to the incentive of smaller lots and higher density in accordance with the zoning ordinance, the following incentives are available in developments meeting the requirements of this chapter: 1. Reduced Fees. The city manager or designee shall waive the development fees associated with the subdivision review and approval process for qualified projects. The El Paso Water Utility may waive one or more fees associated with water and wastewater service, including hookup fees, for qualified projects; 2. Replat Fees and Approval. While replatting laws of the State of Texas must be observed, replats with less than four lots may be administratively approved in accordance with this chapter without a public hearing and the fees may be waived as described above; 3. Infrastructure Cost Participation. The city council may choose to pay for additional participation in public infrastructure beyond what is required by this chapter for a qualified infill development. The determination by the city council shall be made prior to the approval of the final plat and may include but is not limited to: a. Construction, repair or replacement of public streets, curbs and gutters or alleys, b. Construction, repair or replacement of sidewalks, streetlighting or other pedestrian improvements, c. Construction, repair or replacement of storm drainage facilities; 4. Water and Wastewater. The El Paso Public Water Utility may choose to pay for additional participation in public infrastructure by this title for a qualified infill development; 5. Stormwater and erosion control. Infill projects that create less than ten thousand square feet of new impervious surface are exempt from the stormwater requirements, excluding stormwater utility fees. 6. Park fees for residential infill development occurring within the area identified in Appendix 112 shall be reduced by the reduction identified in Appendix 112. 7. Park dedication or fees are reduced by 50 percent for a non-residential subdivision up to five acres in size that satisfies the location criteria below for infill development, but that has not been designated by special permit overlay as infill development. At least two of the following factors must be present: a. the property is wholly or partially located within a designated tax increment financing district; b. the property is wholly or partially located within a designated state or federal enterprise zone; c. the property is wholly or partially located within an empowerment zone; d. the property is wholly or partially located within a designated redevelopment area pursuant to Chapter 20.14 of Title 20; e. the property is located within a designated historic district; f. the property is within an older neighborhood of the city, which is defined as a legally recorded and developed subdivision for at least thirty years. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 2, 27, 11-10-2009; Ord. No. 17396, § 20, 8-24-2010; Ord. No. 17576, § 2, 6-7-2011; Ord. No. 18191, § 1, 6-17-2014)

El Paso City Code § 19.26.030 Reduced roadway and lot frontage requirements.

19.26.030 - Reduced roadway and lot frontage requirements. A. Flag Lots and Reduced Roadway and Lot Frontage Requirements. Public streets serving single-family residential lots may be replaced by private roadways (access lanes) twenty feet wide within a minimum thirty-foot easement used to serve up to eight lots. B. Such roadways and access lanes shall be shown in an easement dedicated to the property owners and public agencies that is designated by a note on the recorded plat as a "perpetual reciprocal easement." C. Such private access lane may be allowed with designation as an infill development or in other single-family residential zoning districts if the CPC finds: 1. Physical conditions preclude development of the street, such conditions may include, but are not limited to, topography or likely impact to natural resource areas such as Arroyos, wetlands, ponds, streams, channels, rivers, lakes or upland wildlife habitat area or are source on the National Wetland Inventory or under protection by state or federal law; 2. Buildings or other existing development on adjacent lands including previously subdivided but vacant lots or parcels physically preclude a public street now or in the future considering the potential for redevelopment; 3. If the applicant can demonstrate that a future street cannot be made to serve the property, then the application for plat approval shall be processed subject to subdivision standards; 4. For lots or parcels that do not extend from one street to another, the following diagram indicates how up to four lots may be platted fronting on a twenty foot wide access lane that extends up to two hundred feet in depth. Lanes in excess of two hundred feet must be twenty-four feet wide with an additional four feet of easement and be designated as a fire lane; [image omitted; see the official code] 5. For lots or parcels that do extend from one street to another, the following diagram indicates how up to eight lots may be platted fronting on a twenty foot wide access lane that extends up to four hundred feet in depth; [image omitted; see the official code] 6. The following diagram indicates how two separately owned adjoining parcels or lots may provide or be sequenced to provide thirty feet of easement and twenty feet of access lane; [image omitted; see the official code] 7. The following diagram indicates how lots will front on the access lane and where the front yard and parking setbacks are measured from. (Numbers are for example purposes only. The zoning ordinance has the actual dimension requirements.) [image omitted; see the official code] (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.26.040 Alternative subdivision improvement design.

19.26.040 - Alternative subdivision improvement design. A. Intent. This chapter contains the regulations for the alternative subdivision improvement design procedure. These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this title, which are incorporated as part of this chapter by reference. It is in the intent of the alternative subdivision improvement design procedure to allow one or more alternative improvement designs to those required in this title and the SDM to be utilized in a comprehensive manner throughout a proposed development, provided the improvements meet the intent and have the same or higher level of service or adequacy of the original required improvement. It is not the intent of the alternative subdivision improvement design procedure to allow an inferior improvement to the original one required by this title for the purpose of reducing costs. B. Application. An application for the alternative subdivision improvement design procedure shall be submitted at the time of preliminary plat application, along with a subdivision improvement plan showing the proposed changes. Subdivision improvement plans in accordance with this title with the proposed alternative subdivision improvement design clearly designated shall be provided in order for the designated staff to make an evaluation of the proposal. Engineering or other studies should be provided to establish that the proposal meets the intent of this title and provides the same level or greater of protection, service or adequacy of the original requirement. The alternative subdivision improvement design will be reviewed under the provisions outlined in Chapter 19.03, Preliminary Plats, of Section 19.08.010, subdivision improvement plans, as amended, as well as provisions outlined in this chapter. All applications shall be submitted on a form supplied by the planning official with the required information as stated on the application form and meeting the administrative submission requirements available in the office of the planning official. C. Based on Engineering. Decisions regarding the design of various physical improvements in a subdivision should be based on engineering or other studies. Thus, while this code provides standards for design, the regulations are not a substitute for sound engineering judgment. Therefore, a licensed engineer may submit alternative designs to be reviewed and considered by the city manager or designee. D. Relationship to Standards in Chapter 19.15, Roadways. If the proposed alternative design is approved by the city manager or designee, then the applicable provisions of Chapter 19.15 shall be deemed to have been met. If the proposed alternative design standards are not approved by the city manager or designee, then the standards contained within Chapter 19.15 shall apply. E. Relationship to All Other Improvement Standards. If the proposed alternative subdivision improvement design is determined to meet or exceed the standard for such improvement contained in this title and the SDM and approved by the CPC upon recommendation of city manager or designee, then the applicable provisions of this title shall be deemed to have been met. If the proposed alternative design standards are determined not to be the equivalent of the standard contained in this title and not approved by the city manager or designee, then the standards contained within this chapter shall apply. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 2, 11-10-2009; Ord. No. 17396, § 21, 8-24-2010; Ord. No. 17811, § 7, 6-5-2012, eff. 6-11-2012; Ord. No. 19327, § 42, 4-26-2022)

El Paso City Code § 19.26.050 Form based/smart code subdivisions.

19.26.050 - Form based/smart code subdivisions. A. Standards. In cases where the applicant for subdivision approval is currently zoned in a smart code district as set forth in Title 21 of the city code, the applicant must comply with the standards set forth in Section 19.26.050, the Street Design Manual (SDM) of Title 19 and the standards set forth in Title 21, smart code. Where the standards conflict, the standards set forth in the smart code provisions prevail. Applicants whose property is zoned in a smart code district are required to utilize the following standards contained in Title 21, Smart Code, Tables: Table 3A — Vehicular Lane Dimensions; 3B—Vehicular Lane and Parking Assemblies Table 4A — Public Frontages—General Table 4C — Thoroughfare Assemblies Table 17 — Turning Radius Table 13 — Civic Spaces B. Applicability of Form Based and Smart Code Provision. 1. Subdivision with Smart Code Zoning In Place. In cases where the applicant for subdivision approval is currently zoned in a smart code district as set forth in Title 21 of the city code, then where such provisions conflict with provisions contained in Section 19.26.050 and the Street Design Manual, the smart code provisions shall prevail, otherwise, the standards set forth in Section 19.26.050 and the Street Design Manual shall apply. 2. Properties Seeking Zoning Approval. In unplatted properties in which the applicant is seeking zoning approval for districts set forth in the form based/smart code section of Title 21 of the city code, and is proposing to use form based code/smart code standards in their plat and subdivision improvement drawings, then the applicant shall utilize the form based code/smart code standards set forth in Title 21, Smart Code, Section 19.26.010, and the Street Design Manual (SDM). (Ord. 16882 § 2(part), 2008) (Ord. No. 17236, § 14, 11-10-2009; Ord. No. 19327, § 43, 4-26-2022)

El Paso City Code § 19.26.060 Approval.

19.26.060 - Approval. A. Infill Development. The city plan commission, as part of the preliminary plat approval, may approve, approve with conditions or deny the proposed infill development, provided it meets all the requirements in this chapter. Since the applicant is assured of approval of a preliminary plat that meets the requirements of this title, the CPC is not obligated to approve an infill development. It is the applicant's obligation to document to the CPC that the infill development meets the intent of this chapter and is a better quality development than would otherwise be developed. Replats of existing lots shall meet the requirements of Texas State Statute. If the proposed infill development plat is approved, or approved with conditions by the city plan commission, upon recommendation by the manager or designee, then the applicable provisions of this title shall be deemed to have been met. If the proposed infill development is not approved by the city plan commission, then the standards contained within this title shall apply. B. Alternative Subdivision Improvement Design. 1. Alternative subdivision improvement designs that either alter the road standards and applicable provisions in Chapter 19.15 or the various other physical improvement standards contained in this title or in the SDM, may be approved by the CPC upon recommendation of the city manager or designee as part of the preliminary and/or final plat approval, if the CPC and the city manager or designee agree with the engineering studies provided as part of the submission showing that the proposal meets the intent of the ordinance codified in this title and provides the same level or greater of protection, service or adequacy of the original requirement. 2. Since there are already acceptable standards for subdivision improvements and the applicant is assured of approval of a preliminary plat that meets the requirements of this title, the CPC is not obligated to approve an alternative subdivision improvement design. It is the applicant's obligation to document to the CPC that the alternative subdivision improvement design meets the intent of this chapter and is a better quality development than would otherwise be developed. 3. The city plan commission may approve alternative subdivision improvement designs as part of a land study if the land study contains sufficient detail and information, to include any necessary engineering studies, showing that the proposal meets the intent of this title and provides the same level or greater of protection, service or adequacy of the original requirement. 4. If the proposed alternative subdivision improvement design is approved, or approved with conditions by the city plan commission, upon recommendation by the manager or designee, then the applicable provisions of this title shall be deemed to have been met. If the proposed alternative subdivision improvement design is not approved by the city plan commission, then the standards contained within this title shall apply. C. Form Based or Smart Code Subdivisions. The city plan commission, as part of the preliminary plat approval, may approve, approve with conditions or deny the proposed form based or smart code subdivision. If the form based or smart codes subdivision meets the requirements of El Paso code of ordinances for form based or smart codes, this title and the Street Design Manual, then the CPC shall approve the plat. D. Misrepresentation of facts of any kind shall result in the denial or revocation of the approval or conditional approval of the preliminary plat and/or final plat. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 19327, § 44, 4-26-2022)

Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT19SUDEPL_ART2SUST_CH19.26ALSUSMCODEFetched: 10/28/2026