LAND STUDIES

El Paso City Code tit. 19, art. 1, ch. 19.02

in effect

El Paso City Code § 19.02.010 Purpose, applicability and effect.

19.02.010 - Purpose, applicability and effect. A. Purpose and Intent. The purpose of a land study shall be to delineate the sequence and timing of development within a proposed subdivision, where the tract to be developed is part of a larger parcel of land owned or controlled by the applicant, in order to determine compliance with the city's comprehensive plan and the availability and capacity of public improvements needed for the subdivision and the larger parcel. The purpose of the land study shall also be: 1. To elicit comment from the subdivider and the city technical staff regarding the proposed design of the land for the purpose of expediting subdivision application(s); 2. To reduce subdivision design and development costs when a subdivider proposes to phase the development or to develop various land uses; 3. To review and approve a general plan for the development of property including the layout of arterial streets, open areas, sites for public facilities, and utilities; 4. To determine the availability of existing services to the area, including street improvements, drainage, sewerage, fire protection, schools, parks and other such facilities within one mile abutting the proposed study area. B. Applicability. 1. When Required. Prior to submission or concurrently with any subdivision application, the subdivider shall file an application for approval of a land study with the city manager, or designee. A land study application shall include all contiguous holdings of the subdivider, including land in common ownership, which is proposed to be developed or subdivided within the meaning of this title. For purposes of this title, a land study shall be required in all instances unless the city manager or designee finds that: a. An approved detailed site development plan or generalized site plan incorporating the proposed development area provides sufficient information for the purposes outlined and the preparation of a plat; b. A preliminary plat is submitted for the entire proposed development area, allowing review of the phasing for the whole property; c. A finding made under this subsection shall be based on a determination by the city manager, or designee that the alternate plan or plat satisfies the purpose and intent of a land study submittal, and that the alternate plan or plat fully contains the information required for submission of a land study application. Where changes are made to an approved detailed site development plan, generalized site plan or preliminary plat that is used as a basis for a finding made by the city manager, or designee, the subdivider shall be required to submit a revised drawing of such approved plan or plat to the city manager or designee for proper recordkeeping. Failure to provide a revised drawing shall require that any subsequent subdivision application fully conform to the approved detailed site development plan, generalized site plan or preliminary plat on file; or d. A referral by the city manager or their designee made to the city plan commission to determine the applicability of a land study submittal, or to appeal a negative finding pursuant to this subsection. The city plan commission shall review all reports and recommendations presented by the city manager or designee and shall make a determination as needed on the applicability provisions, or the appeal as necessary. An action taken by the city plan commission shall be binding on all parties. 2. A land study shall be required for any division of land where proposed development of the tract is to occur in phases and is not covered by a preliminary plat or other document listed in subsections (B)(1)(b), (B)(1)(c) and (B)(1)(d) above. Phasing for the land study shall not exceed a time period of five years plus 2 two-year extensions. Provided however, any extension of a land study beyond this period by the CPC shall automatically extend the phasing period as well. The applicant shall submit a schedule showing the proposed phasing of development that shall be approved along with the land study. If the land subject to the land study is part of a larger parcel, the remaining land shall be shown as a remainder tract, but shall not be included within the land study. C. Effect. 1. Approval of a land study authorizes the subdivider to submit a preliminary plat application for each phase of development shown on the land study, subject to the phasing plan of development approved for the land. 2. Once a land study has been approved, all plats approved thereafter for the same land shall be consistent with the land study for so long as the land study remains in effect. Minor variations between the land study and the subsequent plat application(s) shall be permitted; in accordance with Section 19.02.070. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009)

El Paso City Code § 19.02.020 Application and procedures.

19.02.020 - Application and procedures. A. Responsible Official. The city manager or designee shall be the responsible official for a land study. B. Submittal. All applications shall be submitted electronically or on a form supplied by the planning division with the required information as stated on the application form. C. Prior Approved Applications. An application for a land study shall not be approved unless all zoning amendments, including a request for a zoning change or a comprehensive plan, thoroughfare plan or other adopted plan amendment, which are necessary to authorize the uses or layout proposed on the land study have been approved and remain in effect for the land included in the land study. An application may be conditionally approved subject to the other required zoning and plan amendment approvals being approved. D. Accompanying Applications. 1. An application for a land study may be accompanied by an application for rezoning approval provided that the rezoning application shall be decided first. 2. An application for a land study may be accompanied by an application for approval of a preliminary plat for the first phase of the project, provided that the application for land study shall be decided first. The applicant may request simultaneous review. However, the applicant assumes all responsibility for any problems or issues created by simultaneous submission. E. General Requirements. The subdivider shall submit the land study in accordance with the application form, requirements and checklist as adopted by the city. The land study shall be accompanied by a processing fee established by the city council. The land study must be prepared by an engineer and must provide all of the following information: 1. General arrangement of existing and proposed land uses, including, but not limited to, park and school sites, other public facilities, open space areas, floodplains and drainage ways. The land uses regulated by zoning must comply with both the location and layout as prescribed by the official adopted zoning map and zoning ordinance of the City of El Paso, unless a rezoning is proposed as part of the combined application; 2. The proposed density expressed in units per acre and population by land use. The proposed densities shown may not exceed those prescribed by the official adopted zoning map and zoning ordinance of the City of El Paso unless a rezoning is proposed as part of the combined application; 3. Proposed phasing of platting; 4. The proposed traffic circulation, layout, and width of all collector streets and arterial street classifications. The proposed street layout must comply with the adopted thoroughfare plan for the City of El Paso as to location and size of roadways, unless an amendment to such plans is proposed as part of the combined application; 5. Traffic impact/capacity study to determine the capacity need, if any, for additional traffic lanes (e.g., acceleration, deceleration, or turning), signalization and other roadway or traffic mitigation improvements. The traffic impact/capacity study shall be prepared in accordance with standards provided by the city; 6. Conceptual drainage plan indicating existing and proposed major stormwater sewer facilities. The drainage plans shall indicate the phasing plans and approximate location of temporary and permanent easements and rights-of-way that will be needed to accommodate the phasing plan and to carry the storm drainage to its ultimate destination; 7. Layout and relationship of the proposed subdivision(s) to surrounding development, including the location, width, and names of all existing and platted streets, subdivisions, public ways, drainage channels, and other relevant features; 8. Existing and/or proposed zoning of the property and adjoining land; 9. Dimensions of the land study boundaries; 10. Existing contours of the tract in intervals appropriate to the topography as determined by the city manager, or designee, in accordance with the DSC and based on National Geodetic Vertical Datum (year to be specified on land study); 11. Existing major water and sanitary sewer facilities. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17396, § 3, 8-24-2010; Ord. No. 18971, § 2, 9-3-2019; Ord. No. 19243, §§ 5, 6, 10-12-2021)

El Paso City Code § 19.02.030 Decision.

19.02.030 - Decision. A. The city plan commission shall decide whether to approve, approve with conditions, or deny the land study application. B. Prior to the decision, the city plan commission shall be provided with a full copy of the land study and all related documents that are needed to make a decision as to compliance with this title. C. Where the city plan commission conditionally approves or disapproves a land study application, the city plan commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval. Each condition or reason specified in the written statement must: 1. Be directly related to the requirements in Title 19 and specifications contained in the City of El Paso Street Design Manual (SDM); and 2. Include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval; and 3. May not be arbitrary. D. After the conditional approval or disapproval of the land study, the applicant may resubmit the land study along with a written response that clearly articulates how each condition for conditional approval or each reason for disapproval has been remedied. E. The city plan commission shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved land study within fifteen days of receipt of resubmission and written response. F. It shall be the responsibility of the subdivider to ensure that the land study satisfies all the requirements of the city code, the SDM and any other regulatory requirement. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18971, § 3, 9-3-2019; Ord. No. 19327, § 3, 4-26-2022)

El Paso City Code § 19.02.040 Criteria for approval.

19.02.040 - Criteria for approval. A. Factors. The following criteria shall be used to determine whether an application for a land study shall be approved, approved with conditions, or denied: 1. The land study is consistent with all zoning requirements for the property, and any approved development agreement; 2. The proposed provision and configuration of arterial and collector roads, water, wastewater, drainage and park and open space facilities are adequate to serve each phase of the subdivision and generally meet the standards of this title, the SDM and any other applicable standards or requirements of the city; 3. The schedule of development assures that the proposed development will progress to completion within the schedule proposed; 4. The proposed land study conforms to the district and is consistent with the incorporated concept plan, if any; 5. The location, size and sequence of the phases of development proposed assures orderly development of the land subject to the plat; 6. Where the proposed development is located in whole or in part in the extraterritorial jurisdiction of the city in El Paso County, the proposed land study meets any County of El Paso standards; and 7. The land study is consistent with the adopted comprehensive plan, except where application of the plan conflicts with state law. B. Conditions. In addition to any other conditions required to conform the land study to the standards of this title, the city plan commission may condition approval on exclusion of land from the land study or adjustments in the proposed sequence or timing in the proposed phases of the development. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 18056, § 3, 8-6-2013; Ord. No. 19327, § 4, 4-26-2022)

El Paso City Code § 19.02.050 Expiration and extension.

19.02.050 - Expiration and extension. A. Time of Expiration. 1. Expiration of the land study shall be five years. Two extensions may be approved for a period of two years each by the CPC from the date a complete application is officially approved, unless otherwise governed by the schedule of development approved by the city plan commission. A land study for property of one thousand acres or more may be granted additional two-year extensions provided that a finding is made by the CPC that from the date that the prior two-year extension was granted, substantial progress has been made toward the completion of the development. 2. Expiration of a preliminary plat or final plat for any phase of the land study which has expired shall not change the approved phasing plan and all subsequent plats meet the approved plan unless otherwise approved by the CPC. B. Extension. The expiration date for any phase of the development may be extended by the city plan commission under Chapter 19.41. Extension of the expiration date for the phase extends the expiration date for the land study for a like period. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.02.060 Remainder tracts.

19.02.060 - Remainder tracts. A. Definition. A remainder tract is that portion of a larger parcel that is not included within the boundaries of a land study or any type of plat. Remainder tracts shall not be considered lots or tracts of the subdivision. Approval of a plat shall not constitute approval of development on a remainder tract. B. Information. Information accompanying a plat application for remainder tracts shall be deemed to be an aid to the city plan commission in taking action on the plat application and may be used to determine whether development of the land subject to the plat will be adequately served by public facilities and services and is otherwise in compliance with this title, taking into account the development of the property as a whole. Information concerning remainder tracts, including topography, drainage, and existing and planned public improvements, may be considered in formulating conditions to approve the plat application. Based upon such information, the city plan commission may require that additional or less land be included in the plat in order to satisfy the standards applicable to the plat application. C. Approval. Approval of such remainder tract is conditioned on such remainder tract being suitable for development in the future and not making any other tracts undevelopable under current City of El Paso ordinances. (Ord. 16882 § 2 (part), 2008)

El Paso City Code § 19.02.070 Revisions following approval of a land study.

19.02.070 - Revisions following approval of a land study. A. Minor changes. The city manager or designee may deem a revision to be minor and may authorize the amendment administratively. An amendment shall be considered minor if the city manager or designee determines that it does not alter any of the following by more than ten percent: the arrangement of land use, acreage designated to land uses, density, open space areas, to include changes to any arroyos, relocate major circulation elements or alter the concept of the development. B. Amendments. 1. At any time after approval of a land study and before submission of a final plat for any portion of the area contained within the approved land study, the subdivider may request that an amendment be made in the approval or approval with conditions of the land study. 2. An amendment not deemed minor by the city manager, or designee shall be reviewed and either approved, approved subject to conditions or disapproved by the city plan commission, following a staff recommendation, pursuant to the general procedures outlined in this chapter. a. An amendment that alters the arrangement of land use, acreage designated to land uses, density, or open space areas, to include changes to any arroyos, by twenty-five percent or more is considered a new application. b. An amendment that alters the arrangement of land use, acreage designated to land uses, density, or open space areas, to include changes to any arroyos, by more than ten percent but less than twenty-five percent is considered an amended application and has a reduced fee as determined by city council. 3. The amendment to the land study shall be submitted with the approved application form, required information and checklists and fees. It shall be processed in the same timeframe and manner as if it were a new land study application. 4. If a request for amendment to an approved land study occurs after submission of a final plat, the subdivider shall be required to file a new land study application for the entire area contained within the formerly approved land study. Amendments deemed minor by the city manager or designee, as defined in subsection A of this section, may be authorized administratively. 5. The revised land study application shall be subject to the subdivision regulations in effect at the time of resubmission, subject to the vesting provisions of Title 1, Section 1.04.070 of the City Code. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17251, § 2, 12-15-2009; Ord. No. 18056, § 4, 8-6-2013)

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_ART1PLPR_CH19.02LASTFetched: 10/28/2026