MINUTES  HEATH PLANNING & ZONING COMMISSION TUESDAY, MARCH 5, 2024 at 6:30 PM  ATTENDING:  James' Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Harry Heinkele Mike Rask Bob Shaw Joe Ruszkiewicz  ABSENT:  Chairman James Tunnell called the meeting to order at 6:30 p.m.  2. Public Comment  Noones signed in to speak at the open forum  3.a Receive Report Regarding thel February: 27, 2024 City Councill Meetings and discussion Chairman Tunnell acknowledged receipt oft the February 27, 2024 Council Meeting regarding P&Z 3.b Discussion and Action Regarding thel Minutes ofthe February 6, 2024 Regular Meeting.  ofsame.  itéms covered at the February 6, 2024 Planning and Zoning meeting.  MOTION: APPROVE MINUTES OFI FEBRUARY 6, 2024 MEETING.  MOTION MADE: SECONDED: APPROVED: ABSENT:  GORDON BISHOP  PASSED UNANIMOUSLY BY THOSE PRESENT HEINKELE, RASK, RUSZKIEWICZ  (Commissioner Heinkele joined ther meeting at 6:351 p.m and Commissioner Raskj joined the meeting at 6:37p.m.) 3.C Case No. CUP-2024-01: Conduct a Public Hearing and make a recommendation on a request for a Conditional Use Permit as required by Heath Code of Ordinances, $159.21(B)(14) to allow a detached residential garage and a Variance to 1592108)04X@toallowamaximum size of1,600 squaref footage on propertyzoned (SF-43) Single Family Residential District, addressed 483 Terry Lane, and further described as. Abstract 157, HJ McKenzie Survey, Tract 3. (Rockwall CAD] No. 11847). DirectorofCommuniy, Development. Aaron. Adel stated that the applicant requests a CUPand square footage variance to construct a detached garage of1,600 SF on a: 1.00-acre lot. The request complies with the Comprehensive Plan Future Land Use Map. The requested garage does not conform to $159.21(B)d4)d) that limits the maximum size of an accessory structure to 900 SF. The applicant requests a Variance to allow an additional 700 SF. The request conforms to all other accessory structure requirements in S 159.21 demonstratedi in the Ordinance Compliance Matrix. $159.21(B)(2) allows a CUP to allow accessory buildings that do not conform to the requirements specified in division (B)(14). According to S 159.43(D), the City Council may permit a conditional use after review and recommendation by the Planningand: Zoning Commission subject to appropriate conditionsand safeguards when the Council finds: That the proposed use meets all the minimum standards established in this subchapter and other applicable ordinances; That the proposed use meets the intent of the district in which it is located, and is in accordance with the comprehensive plan; and That the proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to the neighboring property. Notice of Public Hearing was published and mailed to neighbors within 500 feet of the property on Feb 16, 2024. Six responses were returned in favor and none in opposition. Applicant  Planning & Zoning Minutes - March 6. 2024  Page lofs    and property owner Jevon Lau was present and stated that the added garage is for the storage of  vehicles and recreational vehicles.  HEARING to receive comments regarding the request. Chairman James Tunnell opened the public hearing at 6:40 p.m.  David Vera, neighbor, 501 Terry Lane - stated that he wasi in support oft the request and agreed that Mr. Lau does have al lot of toys and it would be great to store them away from view.  Tunnell closed the public hearing at 6:41 p.m. Discussion and action regarding the request.  The Commission continued discussion and the consensus was that although the purpose of the request was good, the size of the garage is too large. Conditional Use Permits should be granted if therei is a unique need. Theordinances were passed in accordance with the Comprehensive Plan and once we. start exceeding or granting CUPS for various reasons, we: set aj precedent. MOTION: DENY THE CONDITIONAL USE PERMIT AS PRESENTED WITHOUT PREJUDICE. AND WAIVETHE RE-APPLICATION FEE: FOR ONE YEAR.  MOTION MADE: SECONDED: APPROVED: ABSENT:  GORDON BISHOP RUSZKIEWICZ  PASSED UNANIMOUSLY BY' THOSE PRESENT  Adel confirmed that this case would go toi the City Council fori their consideration on March 26th, 3.d Case No. FP-2024-03: Consider and make ai recommendation on the Final Plat ofCain Middle School. Addition containing one lot on 52.451 acres ini the (A) Agriculture District located at the intersection ofFM 549 and Horizon Road. (Rockwall CADI No. 12653) Director of Community Development Aaron Adel stated that Rockwall ISD requests this finalj plat to facilitate building permits for renovations, additions, and paving to re-route some ingress, egress, and internal circulation for the Cain Middle School to accommodate adding a grade level to the middle school. TXDOT, Rockwall County, and the City of Rockwall are working on plans to widen FM; 3097i ini the vicinity of the campus as part ofthe 2021 Bond program. Funding fort thej project has not been allocated at this time. Iti is possible more right-of-way will be needed from the school site and the City of Heath may need a wider utility easement to relocate our water line running parallel tol Horizon Road ROW. With recent changes in state legislation, the City of Heath may not require additional ROW: at thist time since project funding] has not been allocated by" TXDOT. There could be ai financial impact toi the City ofH Heath when' TXDOTI requirest the waterl line relocation and additional ROW for the widening project. The final plat conforms to the Future Land Use Plan designation of Publie/Semi-Public use and conforms to the (A) Agricultural District zoning regulations and the Subdivision Regulations. Per state law, the plat review is a ministerial function. When the recorded copyofthei filed plati is returned to cityhall, the applicant can begin thel building permit process. Per $158.07 (G), the approved final plat expires 365 days after approval ifiti is not filed with the County.  MOTION: APPROVETHE FINAL PLAT. AS PRESENTED.  MOTION MADE: SECONDED: APPROVED: ABSENT:  GORDON SHAW RUSZKIEWICZ  PASSED UNANIMOUSLY BYTHOSE PRESENT  Adel confirmed that this case would go toi the City Council for their consideration on March 26th. 3.e Case No. FP-2024-04: Consider and make a recommendation on the Final Plat of Paradise Ranch. Addition located at 1025 Laurence Drive and further described as. E Teal Survey A-207 containing one. lot on 12.08 acres zoned (A). Agricultural District.  (Rockwall CAD: No. 12738) Planning & Zoning Minutes March 6.. 2024  Page. 2of5    Director of Community Development Aaron Adel stated that this request is for a Final Plat of the Paradise Ranch Addition containing one lot on 12.08 acres. Access is from Laurence Drive and the Treescape Plan will be reviewed with building permit. The property is already served with City of Heath water and OSSF and grading and drainage plans will be reviewed with the building permit. Thep plat conforms tot the (A)Agricultural: Districtzoning regulations andi the Subdivision Regulations and also conforms to the Future Land Use Plan designation of Rural Estates. Per state law, plat review is a ministerial function. When the recorded copy oft the filed plati is returned to city hall, the applicant can begin thel building permit process. Per $158.07(G), the approved final plat expires 365 days after approval if not filed with the County. The ordinance provides for extensions.  MOTION: APPROVE: FINALI PLAT AS PRESENTED.  MOTION MADE: SECONDED: APPROVED: ABSENT:  GORDON BISHOP RUSZKIEWICZ  PASSED UNANIMOUSLY BY' THOSE PRESENT  3.f Case No. FP-2024-05: Consider and make a recommendation on the Final Plat of Fielding Addition containing one. lot on 13.998 acres in the (A) Agricultural District located at the intersection of Rabbit Ridge and Lowe Road and further described as Director of Community Development Aaron Adel stated that this request is for a Final Plat of the Fielding Addition of one lot on 13.998 acres located at the intersection ofLowe Road and Rabbit Ridge. The applicant requests thej plat to facilitate construction ofas single-family residence Planned Development for (SF-43) Single Family Uses by Ordinance 190723B. When the PD was approved inz 2019, Lowe Road was originally intended to connect with Providence Addition in 2017, but the connection did not happen at that time due to concerns about increased traffic from adjacent landowners. In 2017, the previous owners oft the property negotiated a ROW arrangement with the owners on the other side of Lowe Road to dedicate the 50' ROW to making a 27 concrete public street connection withl Rabbit Ridge and extending approximately: 200' intot thej propertyf fromLowe Road. Thej property wasi never] platted and the ROW dedication didn'toccur. Access toi thej property comes from Rabbit Ridge via a drive that provides access to the adjacent properties to the west. A Treescape Plan will be reviewed with the building permit application. The property will be served by OSSFand is served by the City Heath waters system. Grading and drainage plans will bei reviewed with the building permit application. The final plat conforms to the Future Land Use Plan designation of Rural Estates. On February 15, 2024 the staff provided DRC comments to the applicant. To date, the applicant has not provided a revised plat addressing the following comments: Therefore, the application is deemed incomplete until the following comments are satisfactorily addresses: 1. Ensure all dedications and signature blocks match the plat dedications and signature blocks; 2. The PD Ordinance No. 190723B, Exhibit B, requires a 50' right-of-way width for the fully developed public portion of Lowe Road as it extends off Rabbit Ridge Road as shown in Exhibit A oft the same ordinance; and the Ordinance requiresa: 25' right ofway reserve: for the future extension of Lowe Road shall be established on the final plat as a separate lot as shown in Exhibit A of the same ordinance. Adel provided an Ordinance Compliance Matrix for a comparison oft the subject final plat to city requirements. The matrix highlights deficiencies where the platdoes not conform to ordinances including the (SF-43): requirement of a minimum lot width of 100 feet. The plat provides 74.16 feet and requires a subdivision Variance. Per state law, plat review is a ministerial function. The Motion should refer that to complete the application, the applicant must provide a revised plat correcting all comments included in the February 15 DRC comments to conform with the requirements in PD Ordinance 190723B and the City Council must approve a Subdivision Variance to allow a minimum lot width of74.16 feet rather than the: 100'lot  A0231, A. Rodriquez Survey, Tract 12. (Rockwall CAD No. 12919)  width required in $159.21(E)(4). Planning & Zoning Minutes - March 6. 2024  Page 3 of5    MOTION: DENY THE PLAT FOR THE FOLLOWING REASONS: THE APPLICANT HASNOTADDRESSEDTHEFEBRUARY 15-DRCCOMMENISANDTHEPLATDOES NOT COMPLYWITHTHE REQUIREMENIS OFPDORDINANCE190723BANDTHE CITY COUNCIL MUST APPROVE A SUBDIVISION VARIANCE TO ALLOW A MINIMUM: LOTWIDTHOF 74.16FEETRATHERTHANTHEIOOFOOTLOTWIDTH  REQUIRED IN SECTION 159.21(E)(4).  MOTION: MADE: SECONDED: APPROVED: ABSENT:  RASK HEINKELE RUSZKIEWICZ  PASSED UNANIMOUSLY BY THOSE PRESENT  3-8 Case No. FP-2024-06: Consider and make a recommendation on the Final Plat of Estes Addition containing three (3) lots on 15-533 acres in the (SF-43) Single Family Residential District and the (A) Agricultural District and generally addressed 1216 Smirl Drive and further described as ETeal Survey, Abstract No. 207, CityofHeath, Director of Community Development Aaron Adel stated that the Commission recommended approval of the Preliminary plat and zoning request and were approved by the City Council in January 2024. This request is for the Final Plat of Estes Addition for three lots. The zoning is (A) Agricultural District & (SF-43) Single Family Residential, Access to each lot in the subdivision is from Smirl Drive. The Treescape Plan was approved with the Preliminary Plat. The property will be served by OSSF, the Subdivision will connect to the city water system via an existing 8" line along Smirl Drive and drainage plans approved by the City Engineer. There is ai 15' Trail Easement along the Smirl frontage of all lots. The Final Plat conforms to the area requirements of the (SF-43) and (A)districts andi the Subdivision Regulations and conforms tot the Futurel Land Use Plan designation of Rural Estates. When the recorded copy oft the filed plat is returned to city hall, the applicant can begin the building permit process. Per $158.07 (G), the approved final plat expires 365 days after approval if not filed with the County. The ordinance provides for extensions. Per state law, plat reviewisa ai ministerial function and staff does not identify any conditions for the motion. MOTION: APPROVE FINAL PLAT OF ESTES ADDITION ADDRESSED AT 1216  Rockwall County, Texas. (Rockwall CAD No. 12687 and 110295)  SMIRL DRIVE. AS PRESENTED.  MOTION MADE: SECONDED:  GORDON SHAW  Commissioner Rask stated that the drainage was a major concern oft the neighbors and asked what was being done to alleviate these concerns. Applicant and property owner, Chad Estes stated that he added a drainage easement that would direct the water flow towards the easement on Carriage  Hill and confirmed that this would resolve the issue.  APPROVED: ABSENT:  PASSED UNANIMOUSLY BY THOSE PRESENT  RUSZKIEWICZ  Adel confirmed that this case would go to City Council for their consideration on March 26th, 3.h Case No. ZTA-2024-02: Conduct a public. hearing and make a recommendation on an amendment to the City of Heath, Texas, Code of Ordinances for the purpose of establishing a new chapter Chapter 99: Landscaping, Screening and Irrigation Ordinance," and implementing related amendments to Chapter 159.44: "Landscaping and Buffering," Chapter 158.45: "Qualified Tree List," and to Chapter Assistant City Manager Kevin Lasher thanked all who have been involved with helping put together this ordinance. Att the request of the City Council, staffs set up a special work session with P&ZChair James Tunnell, Commissioner Harry Heinkele, Commissioner Joe Ruszkiewicz, and City Council  159.40: "Site Plan Approvals."  Planning &. Zoning Minutes - Marche 6. 2024  Page 4of5    too imposing for those residential owners who came to Heath seeking a rural, picturesque, and "green" environment. It was suggested that thei impositonofrockand, gravel elementsinto: an estate- type design may be resisted by some residents. Lasher stated that he has spoken with the Executive Director oft the North Texas Municipal Water District in charge of water conservation regarding the ordinance and their response was very favorable to the draft ordinance. Lasher addressed the complex issues oft the residential requirements, the upgraded standards sofirrigation, usingra rainwater harvesting and greywater practices and alsoa proposed a plant material list. Staffhas contracted lwith an AMI system that will identify all users SO we can address the heaviest users. Citizens will have access to their own usage through their mobile device. The Commission continued discussion regarding modifications including impervious areas on an acre lot and irrigation coverage area. Lasher recommended adopting an ordinance that includes irrigation and a plant list. The ordinance would apply to new plat development only. Commissioners Bishop and Shaw opposed the draft stating it was too restrictive and recommended more education and communication with the citizens regarding irrigation. Notice was published ini the January 20, 2024 Dallas Morning News.  HEARING to receive comments regarding the request. Chairman James' Tunnell continued the public hearing at 8:46 p.m.  Tom Perry, Heath property owner = not a resident of Heath, his father built the Buffalo Creek Golf Course over thirty years ago and the course is irrigated using a greywater system that is operated by the City of Rockwall. Hei is currently looking for good and professional developers for this property to develop one: acre lots and it would be great if wel had more: information to give the developers beforet theyt tryt to convincet the end buyertoinvest: millions ofdollars. Perry  isi in support oft the additional time needed to modify the ordinance.  Tunnell closed the public hearing at 8:51 p.m.  MOTION: ACCEPT ORDINANCE WTH THE EXCEPTION OF SECTIONS 99.05 AND 99.06 AND WITH MODIFICATION TO THE DEFINITIONS TO ELIMINATE THOSE  ASSOCIATED WITH SECTIONS 99.05 AND9 99.06.  MOTION MADE: SECONDED: APPROVED: For: Against: ABSENT:  HEINKELE GORDON PASSED FOUR" TOTWO BISHOP, SHAW RUSZKIEWICZ  GORDON, HEINKELE, RASK, TUNNELL  Chairman James Tunnell adjourned the meeting at 8:55 p.m.  APPROVED:  ATTEST: TonAu NORMA DUNCAN CITY SECRETARY  Jama5/sonell  WML  JAMESTUNNELL CHAIRMAN  OFHE /  59   TE OF  Planning & Zoning Minutes - March 6. 2024  Page. 5ofs