City to consider amending zoning ordinance to allow planned unit development districts

Sulphur Springs Planning and Zoning Commission, in the first meeting in months, gave the go-ahead for the city to consider amending a city ordinance, allowing for planned unit development. The matter is now headed to the City Council. If approved, it would allow the city to consider proposals for mixed use developments.

Sulphur Springs Assistant City Manager Tory Niewiadomski explained that the city has been working for several months worked to modify 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 request a mixed-use development — for instance, a developer could propose a development that would include commercial, recreational and family housing developments. That, Niewiadomski noted would not fit standard zoning, but would allow for a more innovative land use.

“This type of tool will accommodate coordinated developments such as 'Master Planned Communities' that can define the character of a development with intended outcomes specified as a standalone ordinance,” Niewiadomski noted.

The proposed amendment ordinance allowing for PUDs comes about as a result of negotiation between the city and a developer for use of a portion of the old Thermo coal mine property owned by the City of Sulphur Springs.

City Council has already authorized a 380 agreement with a developer to construct a destination village-type development at the Thermo Mine property. The developer is performing the feasibility of creating a mixed-use development on part of the land that was donated to the City in 2019. In order to accommodate the request, however, the city needs to adopt a PUD ordinance that allows for greater flexibility in zoning to accommodate these types of developments, Niewiadomski stated in his report to the P&Z Commission during the group’s June 17 meeting.

As proposed, the PUD development ordinance does include stipulations and special restrictions designed to guard against misuse of option.

Article 29.100 as proposed states that, “Overall, PUDs should be designed to create more vibrant, livable communities with a high quality of life within 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 can include but not be limited to architectural guidelines, landscaping requirements, and infrastructure specifications.”

PUDs may be used in master planning and to carry out the goals of a comprehensive plan, the city, public and private partnered special projects and/ or City Council strategic focus areas. The PUD could be a development of mixed use, transit-oriented or traditional neighborhoods with a variety of uses and housing types, or to preserve natural features, open space and other topographical features of land.

As proposed, any use specified in the ordinance granting a PUD district is permitted, however, the city may specify size, location, appearance and method of operation to ensure compliance with the purpose of the ordinance. Unless otherwise specified in the amending ordinance granting the district, however, all buildings and uses must comply with all city development requirements.

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

As proposed, applicants can request one of two types of PUD: an overlay PUD district’s uses would conform to the standards and regulations of a base zoning district or a freestanding PUD district. For a freestanding PUD, all uses and standards must be outlined within the granting ordinance and the PUD must remain in conformance with the purpose and intent of the comprehensive plan, public/private partnered special projects and/or City Council strategic focus areas. The base zoning district would be assigned and stated in the ordinance, and would be used when any specific regulations are not listed in the granting ordinance.

If any additional documents or information is needed with the application, the city will let the developer know within 14 days of the application being filed. PUD district applications expire 45 days after they are filed, if the applicant fails to submit any remaining completed documents or information needed to complete the application. PUD District applicants are also encouraged to conduct a neighborhood meeting with area homeowners within the vicinity of the request before coming before the Planning & Zoning Commission, and let the appropriate city represenative know about any scheduled neighborhood meetings at least seven days before the meeting occurs.

A PUD District map, which includes all land within the proposed PUD District and adjacent properties, should be submitted. The city representative will establish all dimensional requirements for the maps.

A development schedule may and will likely be requested by the city staff P&Z Commission or City Council, at any time during the request process.

The minimum net acreage required to apply for a PUD district is 2 acres, “unless a specific finding is made by the city council that the establishment of the district is required to implement the Comprehensive Plan, a strategic focus area, a special project, or any other purpose.”

A zoning exhibit must include proposed zoning standards on a zoning exhibit, and if different standards are applied to difference tracts within the PUD, separated regulations for each tract must be specified.

Another zoning exhibit must be submitted to “facilitate understanding of the request 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 nonresidential or mixed use, that exhibit must 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 allow for high quality developments, or at least create a process by which developers could apply for a PUD.

P&Z member Twila Gill said noted Heath and Frisco already have similar uses. She said the option “looks encouraging, as long as it doesn’t take from the money the city puts into downtown.

Organization

In other business, Niewiadomski issued the oath of office to Sergio Ramirez, new member to the Planning and Zoning Commission. Ramirez replaces Chuck Sickles, who has served in the seat since 2011.

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

Mattison was appointed to the P&Z in January 2020 to replace Kelly Grimes. He had initially planned to hand in his resignation, because he anticipated potentially having to miss three or so meetings, if they are 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 and nominated him to serve as chair. Mattison agreed, with the understanding that Gill would fill in when he is unable to attend should a P&Z meeting be called in a month he has prior commitments.

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

New member Mark Beggs, approved for the appointment 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 since June 2017.

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