§ 20.10.550. Restricted residential mixed-use development.

A.

Purpose. The purpose of a restricted residential mixed-use development is to create a unique environment for a hub of activity and a focal point for a given area, reflecting the identity of the area by providing a variety of land uses that coexist in a multi-use residential setting. The mix of land uses are functionally connected to create a cohesive development which facilitates new development, but also provides for the retention and integration of existing residential types and intensities. The mixed-use area shall provide for a group of land uses that meet the daily needs of the area.

B.

Designation.

1.

An application for a residential mixed-use development may be initiated by a property owner or group of property owners of land within the area of request, by the city plan commission, or by the El Paso City Council.

2.

The area of request shall be designated for mixed-use within the city's projected land use element of the adopted comprehensive plan, "The Plan for El Paso."

3.

The area of request shall be wholly included in a city adopted specific study area plan for the area, which sets the written and graphic description of the concerns, objectives, guidelines, and design standards for guiding the development of the area.

The area of request shall be wholly designated as a neighborhood conservancy overlay as provided in Section 20.10.400 of this title.

There shall be no minimum site requirement for a restricted residential mixed-use development, provided, however, that it is the intent of these regulations that an area of sufficient size be developed or redeveloped symbiotically with adjacent land. Extensions to a restricted residential mixed-use development from a common boundary may be considered and shall not require a minimum site area.

C.

Use Regulations. In addition to the uses permitted by the underlying zoning district, buildings, structures, or premises may be used, erected, altered or enlarged for the following uses. A special permit granted by the city should specifically enumerate which of the following uses are permitted as part of the restricted residential mixed-use development.

1.

Residential dwellings, including detached single-family, two-family, attached single-family and multi-family;

2.

Business and professional offices, including doctor's offices, clinics and other medical practitioners;

3.

Studio for professional work or teaching of any form of commercial or fine arts;

4.

Bakery;

5.

Drugstore;

6.

Ice cream parlor;

7.

Restaurant or cafe, excluding drive-in types;

8.

Grocery or convenience store;

9.

Variety store;

10.

Barber or beauty shop;

11.

Dry-cleaning shop or laundromat;

12.

Health or fitness studio;

13.

Travel agency;

14.

Specialty retail uses such as an antique store, art gallery, bookstore, florist, gift shop, or hobby store;

15.

Community buildings and recreational facilities (publicly or privately owned);

16.

Bed and breakfast establishment;

17.

Boardinghouse (rooming or lodging house);

18.

Commercial day care center or nursery;

19.

Accessory uses customarily found in connection with any of the enumerated permitted uses.

D.

Property Development Standards. Where permitted in a district, a restricted residential mixed-use development shall comply with the development standards of the underlying zoning district and as otherwise provided in this title, except as herein modified. These provisions shall apply to and be enforceable upon any new construction, reconstruction or renovation of buildings, structures, or premises made to accommodate uses permitted as part of a restricted residential mixed-use development.

1.

Residential dwellings physically integrated with offices and commercial establishments within a site are permitted, and are deemed most in keeping with the objectives of this section for the development of a balanced community.

2.

All permanent storage and display operations shall be conducted within a completely enclosed building or structure.

3.

Off-street parking requirements contained in Chapter 20.14 (Off-Street Parking and Loading Requirements) of this title shall not be required of uses permitted in a restricted residential mixed-use development; provided, however, that where adequate area within a site is available to accommodate required off-street parking (whether wholly or partially) within a rear area of a site, such off-street parking may be provided.

4.

On-premises advertising for strictly nonresidential uses within a restricted residential mixed-use development shall be restricted to wall or monument signs. One sign not exceeding thirty square feet in size shall be permitted per street frontage. The height of a monument sign shall not exceed six feet in height. Signs shall be pedestrian-oriented and shall not detract from the character of the area. On-premises advertising for a residential mixed-use development consisting of residential uses physically integrated with office and commercial uses, whether wholly or partially, shall be restricted in the same manner as described above except that the maximum sign area permitted per street frontage shall be twenty square feet.

5.

No building shall exceed the height limitations of the underlying zoning district, except where it can be demonstrated that the additional height will not have a detrimental effect on the surrounding land uses or the visual pattern of the area.

6.

Existing or proposed multi-story buildings that are intended for retail sales or variety stores shall be designed to allow for commercial usage on the ground floor level only, and a mix of residential types and intensities on the upper floors.

7.

Uses shall be innovatively designed by means of emphasizing pedestrian orientation.

8.

In addition to the landscape requirements contained in Title 18 (Buildings and Construction) of this Code, any part of the total site area not required for buildings, structures, loading and vehicular access ways, parking and utility areas, pedestrian walks, and hard surfaced activity areas shall be landscaped.

9.

A minimum of one-fourth of the total site area shall be provided as open space to provide visual continuity within the area, and a variety of spaces in the streetscape. Of the open space area, no more than one-half of the area may be used for non-permeable surfaces such as parking areas or driveways.

10.

The residential appearance of any portion of an existing residential building or structure within the site that is converted wholly or partially to a permitted mixed-use shall be maintained.

E.

Additional requirements. In approving a restricted residential mixed-use development, the city plan commission may recommend and the city council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community. In the event that the design standards of the applicable study area plan are more restrictive or impose higher (or different) standards than the requirements of this title, the design standards of the applicable study area plan shall govern. Copies of adopted study area plans are on file in the office of the planning official.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17442, § 28, 10-26-2010)