§ 19.20.030. Parkland calculation.

A.

Rate.

1.

Where a residential subdivision application is filed, the amount of parkland required to be deeded to the city shall be as follows:

a.

Single-Family and Two-Family Units. One acre of parkland for every one hundred dwelling units calculated as follows:

"x" = "y"/100

Where:

"x" is the amount of acres of parkland required to be deeded, and

"y" is the number of dwelling units in the subdivision.

b.

Multifamily. One acre of parkland for every two hundred dwelling units calculated as follows:

"x"=;frac;"y" × "z";200

Where:

"x" is the amount of acres of parkland required to be dedicated;

"y" is the gross acres of the proposed multifamily subdivision; and

"z" is the density of the proposed multifamily subdivision.

c.

Density Calculated. In calculating the parkland requirement for residential subdivision applications where more than one unit per lot may be allowed, density shall be determined by using the gross density permitted by the zoning classification on the property (Title 20).

d.

The city manager or designee may waive the gross density used in the parkland calculation rate for subsection (A)(1)c. above when the subdivider verifies by means of deed restrictions or other legal instrument that the density permitted within the subdivision is less than the gross density required by subsection (A)(1)a. or (A)(1)b. of this section. The evidence shall be provided to the city manager or designee with the filing of the final plat, and shall be reviewed by the city attorney prior to city plan commission action on the final plat. Failure of the subdivider to provide this information with the filing of the final plat shall result in the gross density rates of this chapter being applied to the parkland calculation.

e.

Mixed-Use Developments. Subdivisions that provide a mixture of residential and nonresidential components shall meet the requirements of this chapter in the following fashion.

i.

Horizontal Mixed-Use Developments. For mixed-use developments where residential and nonresidential components occur in separate buildings within the same development, the residential components will meet the requirements established in Section 19.20.030 above. Nonresidential components will meet the requirements of Section 19.20.110, fees for nonresidential subdivisions.

ii.

Vertical Mixed-Use Developments. For mixed-use developments, where residential developments occur above or beside nonresidential development within the same building, the following requirements shall apply.

(A)

If the nonresidential component equals or exceeds twenty percent of the gross square footage of the development, parkland fees for the entire development shall be based on the nonresidential fee requirements of Section 19.20.110.

(B)

If the nonresidential component is less than twenty percent of the entire square footage of the development, parkland fees for the entire development shall be based on the number of residential units as per the requirements of subsection (A)(1)(b) above.

B.

Types of parkland that may be dedicated. The following park configurations of land may be proposed by the subdivider to meet the dedication requirements of this chapter. The lands to be dedicated and the type of dedication to be provided shall be based on the affirmative recommendation of the director of parks and recreation and the approval of the city plan commission.

If the parks director does not provide an affirmative recommendation, the developer may appeal the parks director's decision. The parks director shall provide to the developer, in writing, the reasons for the denial. The appeal will require the developer to file with the planning director an appeal within fifteen business days from receiving the parks director's decision. The appeal shall be accompanied by the following:

(a)

A thirty-day waiver of the thirty-day statutory requirement for approval of the subdivision plat.

(b)

The reasons for the appeal. Upon receipt of the appeal, the planning director shall place the appeal on the next available city plan commission meeting. The city plan commission may overturn the parks director's decision by a super majority, which shall be three fourths of the city plan commission present and voting. In determining whether to overturn the parks director's decision, the city plan commission shall consider any evidence presented by the developer and parks director. In no instance can the city plan commission modify or vary any City Code requirements.

An alternative type of dedication may be recommended by the director of parks and recreation, based on the specific nature of the subject property. Any dedication that is proposed shall meet the requirements of Section 19.20.050, Standards, except as noted in this chapter.

1.

Neighborhood parks. Lands for parks that serve a neighborhood shall be of the quantity determined by the density of the residential subdivision submitted pursuant to Section 19.20.030. The developer may satisfy Section 19.20.030 by providing multiple park sites that comply with Section 19.20.050, for a residential subdivision application.

2.

Dual park-pond. Parks and drainage retention or detention ponds may be placed side by side or combined to provide for larger and more efficient park and open space lands for neighborhoods.

Conceptual cross-sections for park-pond areas are included in the subdivision standards. These conceptual drawings are intended to serve as a guideline to the designer, and modifications that meet or exceed the intent of this chapter are encouraged. All park-pond designs shall be approved by the director of parks and recreation and the city engineer or city floodplain administrator.

a.

Park-ponds requirements. For purposes of this subsection, the ponding area proposed for use as a park-pond shall require an affirmative approval for park usage by the director of the parks and recreation department, subject to the provisions below being met. Where acceptable, the pond portion of the park may count towards the required parkland dedication amount at ratio of one acre of park-pond for every one acre of required parkland dedication, subject to the following requirements being met.

i.

To be considered as a park-pond, the proposed facility must be located no further than one-half mile from all residences that it is intended to serve. The street frontage for the park-pond shall be continuous along one complete side of the park or thirty-five percent of the park perimeter whichever is greater.

ii.

Flat perimeter areas on the rim of the ponding basin shall be provided. These shall be a minimum of ten feet in width from the edge of the pond slope to the nearest property line to allow for a trail, landscaping and pond maintenance requirements. If abutting a seven-foot sidewalk or trail the flat perimeter area shall be a minimum of five feet. Wider and variable width areas are preferred to create a more parklike appearance.

iii.

A park-pond shall have a flat contiguous park area adjacent to the detention/retention basin that is not subject to periodic inundation (ten-year storm frequency). This area shall be a minimum of one-half acre in size or larger, including the area of the one closest adjacent perimeter flat zone. This area shall meet the minimum improvements requirements set forth in Section 19.20.050 B. as may be found to be warranted and applicable to a park-pond by the director of parks and recreation. For park-ponds where the pond portion is over two and one-half acres in size, the size of the upper area shall be at least twenty percent of the area of the pond. This area shall be shaped to accommodate the placement of permanent park structures such as play features, multi-purpose courts and shade pavilions.

iv.

Side slopes in park-ponds shall not exceed a maximum three to one horizontal to vertical slope. Flatter side slopes are recommended.

v.

If a two tier park-pond is designed, then the lower tier flat area shall not be less than twenty percent of the upper tier flat area.

vi.

The maximum depth of the pond portion of a park-pond shall not exceed ten feet for a two tier park-pond and six feet for a one tier park-pond.

vii.

Perimeter areas around the pond shall be planted to create an attractive buffer zone around the park-pond. Plant materials and required irrigation system(s) must be installed and operational at the time the city accepts the facility. All irrigation and planting shall meet the park facilities standards referenced in Section 19.20.050.

viii.

Signs shall be provided to inform the public of the dual park-pond purpose and to notify them of the potential safety hazard from stormwater detention/retention.

ix.

Percolation tests at the bottom of the park-pond basin shall be performed according to ASTM 5126. Stormwater shall percolate within seventy-two hours or as may be approved by the city engineer or other designee of the city manager.

x.

A fully accessible route that meets Americans with Disabilities Act (ADA) standards to the lower park area in the basin of the pond shall be provided.

xi.

Grading, irrigation and turf in accordance with Section 19.20.050 B.3.d.

xii.

Credit may be provided for that portion of the park-pond that exceeds the amount of parkland required to be deeded to the city pursuant to this title if the credit to be derived is within the same park zone and upon the affirmative recommendation of the director of parks and recreation.

b.

Other ponds not serving as park ponds. Shall meet minimum placement, setback and landscaping requirements as established by the City of El Paso Stormwater Drainage Manual.

3.

Linear park corridors and trail development. Trail corridors may be dedicated and constructed by the subdivider, and may serve as credit against required parkland, subject to the following conditions being met:

a.

Where adjacent to private property lines on either side of the corridor, the trail corridor shall be a minimum of thirty feet in width;

b.

Where the trail corridor is adjacent to a permanently preserved corridor such as a drainage channel or natural open space, the additional trail corridor width may be reduced to fifteen feet. A minimum of ten feet from the nearest edge of the trail adjacent to a private property line shall be maintained except where separated from such private property by a wall;

c.

If the trail corridor is located adjacent to a street right-of-way, the trial corridor shall be a minimum of fifteen feet in width as measured from the adjacent back of curb. The additional portion of the corridor that is outside of the street right-of-way and that is a minimum of five feet in width shall be credited as lands meeting the parkland dedication requirements of Section 19.20.030.

d.

Trails shall be a minimum of eight feet in width. Narrower trails will not count as credit towards parkland requirements. Trail surface material shall follow the requirements of the City of El Paso Park Development Standards. The City of El Paso may elect to contribute to the cost of the trail if a width wider than eight feet is deemed appropriate for that specific location;

e.

Public access points to the corridor shall be provided at regular intervals. The linear areas adjacent to the corridor shall have open space, street ROW, or other opportunities for immediate and safe ingress/egress along at least seventy-five percent of the corridor length on one side or the other;

f.

A zone that is a minimum of five feet wide along each side of the trail shall be improved with a natural non-irrigated landscape treatment, following guidelines contained in the parks facility standards referenced in Section 19.20.050.

g.

Trails may be built on power line or other utility corridors, but in cases with corridor lands whose ownership is not fully transferable to the City of El Paso, only the lands under built trails and those improved areas meeting the requirements of this subsection will count towards the parkland dedication requirements of this chapter. In such cases, the easement holder or right-of-way owner must provide legal acceptance allowing the trail to be built with free public access provided in perpetuity;

h.

Trail standards in this title and in the DSC may be modified by the city plan commission based upon the recommendation of the director of parks and recreation;

i.

Trail corridor lighting shall not be required where earthen trails are provided nor where corridors are located in public right-of-way and street lighting is provided. Otherwise lighting may be required by the director of parks and recreation or designee in accordance with the parks facilities standards, the DSC and the provisions of the Dark Skies section of Title 18.

4.

Open space lands and arroyos - types of land that are noted as areas that should be preserved in the El Paso Open Space Master Plan, such as natural Arroyos, may be used to meet the land dedication requirements of this chapter:

a.

For purposes of this subsection, the area open space to be used in applying the reduction shall be the acreage that is deemed acceptable for preservation by the director of the parks and recreation department and approved by the city plan commission;

b.

Open space lands will not be required to meet the minimum development standards of Section 19.20.050.

c.

One acre of open space dedication will count as one-half of an acre of required parkland dedication;

d.

Other open space lands, such as Arroyos, that exceed the parkland requirements of this chapter, may be accepted by the City of El Paso. The City of El Paso will assume maintenance of these areas.

(Ord. 16882 § 2 (part), 2008)

(Ord. No. 17236, §§ 4, 27, 11-10-2009; Ord. No. 17251, § 11, 12-15-2009; Ord. No. 17528, § 1, 4-12-2011; Ord. No. 17811, § 6, 6-5-2012, eff. 6-11-2012; Ord. No. 18153, § 1, 4-1-2014)