MINUTES  HEATH PLANNING & ZONING COMMISSION TUESDAY, MAY 7, 2024 at 6:30 PM James Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Harry Heinkele Mike Rask Joe Ruszkiewicz Bob Shaw  ATTENDING:  Chairman James Tunnell called the meeting to order at 6:30 p.m.  2. Public Comment  No one signed in to speak at the open forum  3.a Receive Report Regarding the April 23, 2024 City Council Meetings and discussion of Chairman Tunnell acknowledged receipt of the April 23, 2024 Council Meeting regarding P&Z 3.b Discussion and Action Regarding the Minutes oft the. April 2, 2024 Regular meeting.  same.  items covered ati the. April 2, 2024 Planning and Zoning meeting.  MOTION: APPROVE MINUTES TO. APRIL: 2, 2024 MEETING.  MOTION MADE: SECONDED: APPROVED:  GORDON RUSZKIEWICZ PASSED UNANIMOUSLY  3.d Case No. CUP-2024-01: Conduct a Public Hearing and act on a request for a Conditional Use Permit as required by Heath Code of Ordinances, S 159.21(B)(4)to allow a detached residential garage and a Variance to $159.21(B)04)) to allow a maximum size of 1,200 square footage on property zoned (SF-43) Single Family Residential District, addressed 483 Terry Lane, and further described as Abstract City Manager Kevin Lasher stated that on March 5, the P&ZC Commission considered the request and recommended denial without prejudice by a unanimous vote. The Commission suggested the applicant reduce thes sizeofthebuilding: andreviset the designi to: match the architecture ofthel home. On March 26, the City Council denied the request with a unanimous vote and agreed with the suggestions oft the Planning and Zoning Commission. Following the denial in March, the applicant reduced the size of the structure from 1,600 SF to 1,200 SF and revised the elevations to provide horizontal siding similar to the siding accents on the main residence. The revised submittal also includes roofe eaves, a covered porch with rough cedar posts, aj painted brick wainscot to match the main residence, and landscape amendments. A second Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to neighbors within 500 feet on April 27, 2024 and no: new responses were received. Detached garages int the SF-43 District require a CUP. The requested garage does not conform to $159.21(B)4)), which limits the maximum size of an accessory structure to 900 SF. The applicant requests a Variance to allow an additional 300 SF. The request conforms to all other accessory structure requirements in $159.21 demonstrated in the attached compliance matrix and complies with the Comprehensive Plan Future Land Use Map. Jevon Lau, 418 TerryLane, stated that he added a wing wall, changed the roofpitch and added eves to match thel house, added a covered porch and a door and: more windows toi the back, will add landscape and screen all along Candelite. The property is a long and narrow  157, HJ McKenzie Survey, Tract 3. (Rockwall CAD No. 11847).  acrel lot and the applicant is trying to: make use ofthel back side.  Planning & Zoning Minutes - May 7. 2024  Page 10 of3    HEARING to receive comments regarding the request. publicl hearing and' Tunnell closed the public hearing at 6:41 p.m. Discussion and action regarding the request.  Chairman James Tunnell opened the public hearing at 6:41 p.m. No one signed up to speak at the Discussion continued and a consensus wast thati thel lov/propenrtylsjutifablyr unique because ofthis long andi narrows size. This uniqueness was enough to consider the CUP. Commissioner Rask stated that he was not in favor oft the variance because oft the additional size. Commissioner Bishop noted that all the returned neighborhood notices were all ini favor and that carried weight onl his decision. MOTION TO APPROVE CONDITIONAL USE PERMIT TO ALLOW A DETACHED RESIDENTIAL GARAGE. AND. A VARIANCETO. ALLOW. A MAXIMUM SIZE OF: 1,200 SQUARE FEET. AS PRESENTED BASED ONTHE UNIQUECONFIGURATIONOFTHE  PROPERTY BEING LONG. AND NARROW.  MOTION: MADE: SECONDED: APPROVED: For: Against:  RUSZKIEWICZ BISHOP PASSED SIXTOONE RASK  BISHOP, GORDON, HEINKELE, RUSZKIEWICZ, SHAW, TUNNELL  3.c Casel No. ZTA-2024-01: Conduct: al Public Hearing and act on an amendment tot the City ofHeath, Texas, Code of Ordinances, Chapter: 159 "Zoning" to amend Section 159.42 "Definitions," Section 159.43 "Conditional Use Permits; Permit Requirements,". and City Manager Kevin Lasher stated that a lot of work and time has been put into this proposed ordinance since August 2023. It began with a Joint Committee Meeting with the City Council, Planning and Zoning Commission, Board of Adjustment, Architectural Review Board and the Heath Economic Development Corp. This partnership has led to the review of two drafts of the proposed ordinance, with a shared goal of ensuring that home-based businesses would not be a detriment to the character and livability of the surrounding neighborhood. To comply with regulations, an accessoryhome-based business must remainsubordinate to the residential use, the site must maintain a residential appearance, and the level of business activity must not be high enough toimpact thei residential characterofthe: neighborhood. Therei is nospecific ban on running al business from] home at the state. level. The Committee expressed some concerns about thei impact of the new SB 929 and the City Attorney's office thoroughly reviewed this issue and there is no impact on the proposed ordinance. SB 929 is designed toj prevent cities from making changes that cause a loss of any existing legally nonconforming use status without first sending more specific notice to property owners and outlining options for compensation for those losses. The proposed ordinance does not aim to ease or facilitate qualification for home-based business status, and it does not specifically address or purport to remove any existing nonconforming use status.. As a precautionarymeasure, the cityattorney did: remove service" from the definition section.. Al home- based business is allowed if no goods are sold on-premises, with minimal restrictions on service- based businesses. Provisions removed by the Committee include the following: A proposed secondary use requirement and floor area restrictions were removed by the Committee from the initial draft. The number of allowed on-site patrons was increased from one to four. Restrictions were added to prohibit on-site sales for artists, milliners, and food preparers and to prohibit on- site sales for all home occupations. The number of pupils for tutors or schools and the number of parishioners for clergy also increased from one to four; and the provision prohibiting vehicle and tool rentals includes a prohibition on the sale of those items as well. The Committee determined that home-based businesses would not need tol be registered. It feels that having new standards in place will facilitate more consistencyi ini the enforcement oft these types ofland uses. Notice of Public Hearing was published in the Dallas Morning News and posted on the City of Heath website on April 19, 2024. Lasher stated that we are going from a very vague ordinance that can be easily challenged to a new definition with supporting standards that willl help with any citations issued to hold up better in court.  add a new: Section 159.53 Home-Based Business Regulations."  Planning & Zoning Minutes- - May 7. 2024  Page 2of3    HEARING to receive comments regarding the request. thei request and' Tunnell closed the public hearing at 7:151 p.m. Discussion and action regarding the request.  Chairman. James Tunnell opened the publicl hearing at 7:15 p.m. No one: signed upt to speak regarding City Attorney. Marie Johnson confirmed that "service" was removed to allow services to be sold on MOTION TO RECOMMEND APPROVAL REGARDING AN AMENDMENT TO THE HEATH CODE OF ORDINANCES, CHAPTER 159 ZONING" TO AMEND SECTION 159.42 DEFINITIONS, SECTION 159.43 "CONDITIONAL USE PERMITS; PERMIT REQUIREMENIS, AND ADD A NEW SECTION 159-53 HOME-BASED BUSINESS  premises.  REGULATIONS". MOTION. MADE: SECONDED: APPROVED:  RUSKIEWICZ GORDON PASSED UNANIMOUSLY  Chairman James' Tunnell adjourned the meeting at 7:18 p.m.  APPROVED:  ATTES?:  59  YAMNuN NORMA DUNCAN CITY SECRETARY  danekanal JAMESTUNNELL CHAIRMAN  )  3  Planning & Zoning Minutes- - May 7.. 2024  Page 30f3