City plans to amend zoning ordinance to allow planned unit development districts

The Sulfur Springs Planning and Zoning Commission, in its first meeting in months, gave the city the green light to consider amending a city ordinance, allowing planned unit development. The matter is now brought before the municipal council. If approved, it would allow the city to consider proposals for mixed-use developments.

Sulfur Springs Deputy City Manager Tory Niewiadomski said the city has been working for several months to change the rezoning process. One area that was not included in the zoning amendment was for a planned unit development, which would allow a developer to apply for mixed-use development – for example, a developer could propose a development that would include housing developments commercial, recreational and family. According to Niewiadomski, this would not correspond to standard zoning, but would allow for more innovative land use.

“This type of tool will support coordinated developments such as ‘planned communities’ that can define the character of a development with intended outcomes specified in a stand-alone ordinance,” Niewiadomski noted.

The proposed amendment ordinance allowing PUDs is the result of a negotiation between the city and a developer for the use of a portion of the former Thermo Coal Mine property owned by the city of Sulfur Springs.

The City Council has already authorized a 380 agreement with a developer to build a destination village-style development on the Thermo Mine property. The developer is studying the feasibility of creating a mixed-use development on part of the land that was donated to the city in 2019. In order to meet demand, however, the city must adopt a PUD ordinance that allows for more great flexibility in zoning to accommodate these types of developments, Niewiadomski said in his report to the P&Z commission at the group’s June 17 meeting.

As proposed, the PUD development ordinance includes special provisions and restrictions designed to guard against misuse of the option.

Section 29.100 as proposed states that “Overall, PUDs shall be designed to create more vibrant and livable communities with a high quality of life in a well-planned and integrated environment.” PUDs typically include specific design and development standards that guide the layout, appearance, and functionality of the community. These standards may include, but are not limited to, architectural guidelines, landscaping requirements and infrastructure specifications. »

PUDs can be used as part of a master plan and to achieve the objectives of a comprehensive plan, the city, special public-private partnership projects and/or areas of strategic interest of the city council. The PUD may be a mixed-use, transit-oriented or traditional neighborhood development with a variety of uses and housing types, or to preserve natural features, open space and other topographical features of the land .

As proposed, any use specified in the ordinance granting a PUD district is authorized, however, the city may specify the size, location, appearance and mode of operation to ensure compliance with the purpose of the prescription. Unless otherwise specified in the amending ordinance granting the district, however, all buildings and uses shall conform to all planning requirements of the City.

Any modified development requirements such as zoning, subdivision, and other requirements set by the Planning and Zoning Commission would be specified in the ordinance granting the PUD district.

When applying for a PUD, applications must list all of the different standards requested, presented in a comparison table listing all of the standards in effect and the corresponding proposed standard for the PUD. This must be accompanied by a written justification for the request and the PUD standards, including a statement of the impact on public health, safety, and welfare.

As proposed, applicants may apply for one of two types of PUDs: Uses in an overlay PUD district would conform to the standards and regulations of a base zoning district or a stand-alone PUD district. For a stand-alone PUD, all uses and standards must be described in the granting ordinance and the PUD must remain consistent with the purpose and intent of the comprehensive plan, public/private partnership special projects, and/or the City Council’s strategic focus areas. The base zoning district would be assigned and identified in the ordinance, and would be used when no specific regulations are listed in the granting ordinance.

If additional documents or information are required with the application, the City will notify the developer within 14 days of the application being filed. PUD district applications expire 45 days after filing if the applicant fails to submit the remaining completed documents or information required to complete the application. PUD district applicants are also encouraged to hold a neighborhood meeting with property owners in the neighborhood near the application prior to appearing before the Planning and Zoning Commission, and to notify the appropriate City representative of any scheduled neighborhood meetings at least seven days prior to the meeting.

A map of the PUD district, which includes all land in the proposed PUD district and adjacent properties, must be submitted. The city representative will establish all dimensional requirements for the cards.

A development schedule can and likely will be requested by the City Personnel P&Z Commission or the City Council at any time during the application process.

The minimum net acreage requirement to apply for a PUD district is 2 acres, “unless the City Council specifically determines that the creation of the district is necessary to implement the comprehensive plan, a strategic focus area, a special project, or for any other purpose.”

A zoning exhibit shall include the zoning standards proposed on a zoning exhibit, and if different standards are applied to different parcels within the PUD, separate regulations for each parcel shall be specified.

Another zoning piece must be submitted to “facilitate understanding of the application during the review and public hearing process, and will serve as a guide for future development within the PUD district,” the proposed ordinance notes. This must show an overlay of the entire development.

If the PUD is non-residential or mixed-use, this exposure shall include, but not be limited to, building dimensions, structure height, uses, parking specifications, floor area ratio and lot coverage, open space specifications, drainage features, landscaping and trees, floodplain/riparian details, and architectural style or elevations for illustrative purposes.

The PU process includes a public hearing and notice.

Niewiadomski said infrastructure will play a big role in PUD districts, which could enable high-quality developments, or at least create a process by which developers could apply for a PUD.

P&Z member Twila Gill said Heath and Frisco already have similar uses. She said the option “seems encouraging, provided it doesn’t take money the city is investing in downtown.”

Organization

Additionally, Niewiadomski administered the oath of office to Sergio Ramirez, new member of the Planning and Zoning Commission. Ramirez replaces Chuck Sickles, who has held this seat since 2011.

Matthew Mattison was elected president and Gill vice president of the P&Z.

Mattison was appointed to the P&Z in January 2020 to replace Kelly Grimes. He had initially planned to resign, as he anticipated having to miss about three meetings, if held monthly, due to prior commitments over the next year.

However, the two other P&Z commissioners present at the June meeting asked him to stay on and named him president. Mattison agreed, with the understanding that Gill would fill in for him if he was unable to attend if a P&Z meeting was called in a month where he had prior commitments.

Gill has served on the commission since June 2022, when she was appointed to complete the term of Tommy Harrison, who was elected to the 4th spot on the City Council.

New member Mark Beggs, whose appointment was approved by the city council, was unable to attend the June 17 meeting.

Beggs will replace Craig English on the P&Z Commission. English has served on the P&Z Commission since June 2017.

The P&Z Commission also includes Garrett Glass, appointed last summer to replace Pat Chase.