PRELIMINARY PLATS

El Paso City Code tit. 19, art. 1, ch. 19.03

in effect

El Paso City Code § 19.03.010 Purpose, exceptions and effect.

19.03.010 - Purpose, exceptions and effect. A. Purpose. The purpose of a preliminary plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development and the overall compliance of the land division with applicable requirements of this title. The city will not require non-engineering related significant changes in the final subdivision improvement plans or final plat approval that contradict the preliminary plat approval, except it reserves the right to address life safety or other significant issues that the design engineer should have addressed in the preliminary plat. B. Exceptions. A final plat in accordance with Chapter 19.04, along with final subdivision improvement plans in accordance with Chapter 19.08, may be submitted in lieu of a preliminary plat. The applicant, however, assumes all liability for costs and time delays created by the applicant not submitting a preliminary plat. C. Effect. Approval of a preliminary plat shall authorize the subdivider to submit subdivision improvement plans for approval by the city manager, or designee under Chapter 19.08 and, upon approval of such plans, to construct public improvements to serve the subdivision in accordance therewith. Approval of a preliminary plat also shall authorize the subdivider to seek approval of a final plat for the land subject to the preliminary plat. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 17251, § 3, 12-15-2009)

El Paso City Code § 19.03.020 Application and procedures.

19.03.020 - Application and procedures. A. Responsible Official and Initial Review. The city manager, or designee shall be the responsible official for a preliminary plat, and the staff shall be the initial reviewing body for a preliminary plat application. B. Pre-Application Conference. Refer to Section 19.37.050 of Chapter 19.37. C. Application Contents. 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 and the administrative submission requirements available in the planning division. D. Preliminary engineering information in accordance with the SDM checklists meeting the submission requirements must also be submitted with the preliminary plat application. E. Accompanying Applications. An application for a preliminary plat may be accompanied by an application for rezoning approval, including a request for a planned development district, or a land study application. The rezoning application and land study application shall be decided first, or the preliminary plat shall be approved subject to their approvals. Action in accordance with this title will be taken on the preliminary plat within thirty days. F. Staff Review. The staff shall review each preliminary plat application to be placed on the agenda of the forthcoming meeting of the city plan commission. The staff shall recommend either: 1. Approval of the preliminary plat; 2. Denial of the preliminary plat; 3. Approval of the preliminary plat with conditions; or 4. Approval of the preliminary plat with recommendations regarding any exceptions provided for in this title. G. Resubmittal Following Staff Review. 1. The applicant shall retain in his possession a copy of the original preliminary plat that was submitted for review by the staff. 2. At least eight days prior to the meeting of the city plan commission during which the preliminary plat is scheduled for action, the applicant shall provide to the city manager or designee copies of the preliminary plat meeting the submission requirements. The city manager or designee shall then review the preliminary plat for compliance with staff recommendations. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §§ 2, 8, 11-10-2009; Ord. No. 17396, § 4, 8-24-2010; Ord. No. 18971, § 4, 9-3-2019; Ord. No. 19243, § 7, 10-12-2021; Ord. No. 19327, § 5, 4-26-2022)

El Paso City Code § 19.03.030 Decision.

19.03.030 - Decision. A. Review and Determination. The city plan commission shall review all preliminary plat applications, findings of the staff, findings of the city manager, or designee regarding compliance with staff recommendations, and any other information available. From all such information, the commission shall determine whether the preliminary plat as shown on the application meets the standards of this title. B. Approval or Denial. The city plan commission shall decide whether to approve, approve with conditions, or deny the preliminary plat application within thirty days from determination that the application is complete in accordance with Section 19.37.020. The action of the commission shall be entered in the minutes of the commission and the applicant shall be notified of the results. 1. All changes or conditions required by the city plan commission as part of the preliminary plat approval shall be made a part of the record and any final plat or final subdivision improvement plans shall meet those required changes or conditions. 2. On a preliminary plat with significant changes, the city plan commission may at the time a preliminary plat is approved subject to conditions, require a revised preliminary plat to be resubmitted. 3. Where the city plan commission conditionally approves or disapproves a preliminary plat 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: a. Be directly related to the requirements in Title 19 and specifications contained in the City of El Paso Street Design Manual (SDM); and b. Include a citation to the law, including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval; and c. May not be arbitrary. 4. After the conditional approval or disapproval of the preliminary plat application, the applicant may resubmit the preliminary plat along with a written response that clearly articulates how each condition for conditional approval or each reason for disapproval has been remedied. 5. The city plan commission shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved preliminary plat within fifteen days of receipt of resubmission and written response. 6. It shall be the responsibility of the subdivider to ensure that the preliminary plat satisfies all the requirements of the city code, the SDM and any other regulatory requirement. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, § 27, 11-10-2009; Ord. No. 18971, § 5, 9-3-2019; Ord. No. 19327, § 6, 4-26-2022)

El Paso City Code § 19.03.040 Criteria for approval.

19.03.040 - Criteria for approval. The following criteria shall be used to determine whether the application for a preliminary plat shall be approved, approved with conditions or denied: A. The preliminary plat is consistent with any zoning requirements for the property, and any approved development agreement, or is approved subject to any proposed zoning submitted concurrently; B. The preliminary plat conforms to the general layout of the approved land study (with minor variations as described in Chapter 19.02), including any phasing plan approved therein; C. The proposed provision and configuration of roads, drainage and other facilities generally conform to the city's adopted master plans for those facilities, including without limitation, transportation, drainage, and any other municipal plans, but are not required to exceed the development's proportional share; D. The proposed provision and configuration of roads, drainage, park and open space facilities, easements, and rights-of-way are adequate to serve the subdivision and meet applicable standards of this chapter; E. The preliminary plat meets any County of El Paso standards in accordance with Chapter 19.11, when the proposed development is located in whole or in part in the extraterritorial jurisdiction of the city and in the county; F. The preliminary plat has been duly reviewed by applicable city staff, including the city manager or designee; G. The preliminary plat conforms to the design requirements and construction standards as set forth in the City of El Paso Street Design Manual (SDM); H. The preliminary plat is consistent with the adopted comprehensive plan, except where application of the plan conflicts with state law (e.g., land use); and I. The preliminary plat is consistent with the parks and open space plan and the proposed provision of parks and open space and/or fees in lieu of dedication is in conformance to this and all other ordinances. J. The preliminary plat complies with any exceptions approved by the CPC or any exceptions approved by the city council involving creating a future expenditure of money by the city. K. An interim plat may be approved for property zoned SmartCode 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." (Ord. 16882 § 2 (part), 2008) (Ord. No. 17905, § 1, 11-6-2012; Ord. No. 19327, § 7, 4-26-2022)

El Paso City Code § 19.03.050 Effect of approval of a preliminary plat.

19.03.050 - Effect of approval of a preliminary plat. A. Right to proceed. The approval of a preliminary plat application shall allow the applicant to proceed with the development and platting process by submitting subdivision improvement plans and a final plat. The city will not require non-engineering related significant changes in the final subdivision improvement plans or final plat approval that contradict the preliminary plat approval, reserving the right to address life safety or other significant issues that the city, the design engineer or other consultants working on behalf of the developer should have addressed in the preliminary plat. B. Installation of subdivision improvements. 1. Approval of the preliminary plat by the city plan commission shall be deemed an approval of the layout illustrated on the preliminary plat as a guide to the installation of streets, water, wastewater, parks, open space, drainage infrastructure and other improvements that are planned or required within the proposed subdivision. 2. Approval of the preliminary plat shall not constitute approval of the proposed subdivision, nor shall approval of the preliminary plat be construed to mean acceptance by the public of the dedication of any roads, utilities, parks, open space, drainage ways, or other such land and improvements. 3. Construction of all subdivision improvements shall be based upon approved subdivision improvement plans, and shall occur either: a. Prior to final plat approval and recordation but after the preliminary plat and all subdivision improvement plans for public improvements have been approved; b. Following final plat and subdivision improvement plan approval but prior to recordation. If improvements are delayed beyond three years of the date of final plat approval, the developer must file security required in Section 19.08.040; or c. Following final plat approval and recordation and the release of building permits for up to fifty percent of the residential lots, provided that: 1) the lots have water and sanitary sewer service and a letter of Conditional Acceptance issued by the El Paso Water Utilities; and, 2) the lots are contiguous and form a complete block face or block faces within the subdivision; and, 3) no Certificate of Occupancy shall be issued until a letter of Final Acceptance has been issued by the El Paso Water Utilities. Prior to the issuance of permits for more than fifty percent of the residential lots or prior to a request for a certificate of occupancy, the developer must submit required security in lieu of completing construction, in accordance with Section 19.08.040 of this title. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18056, § 5, 8-6-2013)

El Paso City Code § 19.03.060 Expiration and extension.

19.03.060 - Expiration and extension. The approval of a preliminary plat application shall remain in effect for a period of three years from the date of approval by the city plan commission, during which period the applicant shall submit and receive approval for subdivision improvement plans and a final plat for the land subject to the preliminary plat. If subdivision improvement plans and a final plat application have not been approved within the three-year period, the preliminary plat application, unless extended in accordance with Chapter 19.41, shall expire and the preliminary plat shall be null and void. (Ord. 16882 § 2 (part), 2008) (Ord. No. 18056, § 6, 8-6-2013)

El Paso City Code § 19.03.070 Revisions following approval of preliminary plat.

19.03.070 - Revisions following approval of preliminary plat. A. Submission allowed. Following the approval of a preliminary plat application, the applicant may resubmit a revised preliminary plat along with a resubmission fee in accordance with the adopted fee schedule. B. Minor changes. Minor changes in the design of the subdivision subject to a preliminary plat may be incorporated in an application for approval of a final plat without the necessity for submittal of a new application for approval of a preliminary plat. Minor changes may include minor adjustments in street or alley alignments, lengths, and paving details; addition or exception of utility easements; adjustment of lot lines and similar minor changes that do not result in creation of additional lots, provided that such changes are consistent with any approved prior applications. C. Amendments. All other proposed changes to the design of the subdivision subject to an approved preliminary plat shall be deemed major amendments that require submittal and approval of a new application for approval of a preliminary plat before approval of a combination or final plat. Approval of major revisions to an approved preliminary plat shall occur prior to the date any approved land study would have expired for the same land. D. Determination. The city manager or designee shall make a determination of whether changes are deemed to be minor within ten days or shall require new submittal of a preliminary plat. (Ord. 16882 § 2 (part), 2008)

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_CH19.03PRPLFetched: 10/28/2026