Plan commission approves sidewalk waiver along US 54 after debate over safety, drainage and TxDOT timeline

The El Paso City Plan Commission on May 7 approved a reconsideration request to waive the construction of a 5-foot sidewalk along Patriot Boulevard (US 54) for Vista Del Norte Estates Unit 5, concluding that the application meets the Title 19 criteria staff uses to evaluate such exceptions. Staff told commissioners the waiver pertains only to the US 54 frontage and that interior roadways in the subdivision will include required sidewalks.

Connor Conde, representing the applicant Conde Incorporated, said the applicant concurs with staff but urged approval for safety reasons tied to existing conditions. "They notified us that the main lanes on US 54... there's not gonna be any improvements in this area for the minimum next 20 years," Conde said, arguing that TxDOT’s long timeline and a large downstream drainage structure make constructing a conventional sidewalk unsafe or disproportionate because pedestrians would face wide spillways and surface-flow drainage that would require substantial pedestrian structures to cross.

Staff and multiple commissioners debated whether permitting a sidewalk waiver now would set a precedent or be inconsistent with long-term connectivity goals. One commissioner, pressing for sidewalks in new areas, argued that sidewalks should be provided at the time of development so future residents are not left without safe pedestrian access. Chair Lauren Hanson said she was troubled by the exemption because people will walk regardless of encouragement and that not having a sidewalk could be more dangerous in some places.

Staff said the waiver request meets Title 19 criteria and therefore is eligible for the commission’s consideration, but also acknowledged the safety trade-offs and the need for TxDOT coordination on a state highway corridor. Kevin Smith (planning staff) said staff would follow up with TxDOT and arrange for them to present at a future meeting so commissioners can better evaluate where sidewalks are appropriate on US 54.

After discussion the commission moved to approve the waiver and conducted a roll call; the chair announced the motion carries. The transcript records multiple ayes and nays in roll call and the chair’s announcement that the motion passed.

The vote clears the way for the preliminary plat to proceed with the waiver along US 54; staff and the applicant agreed to pursue follow-up coordination with TxDOT regarding the highway’s future improvements and the large off-site drainage structures that affect pedestrian design. The meeting then continued with a staff training on the history of planning and new urbanism.

Next steps: staff to invite TxDOT to a future meeting for technical presentation; applicant to proceed under the terms of the tentative plat and staff report.