MINUTES  HEATHPLANNING & ZONING COMMISSION THUASDAKJANUARY4, 2024 at 6:30 PM  ATTENDING:  James Tunnell, Chairman Thomas Bishop Mike Rask Joe Ruszkiewicz Bob Shaw Wayne Gordon, Vice-Chairman Harry Heinkele  ABSENT:  Chairman James Tunnell called the meeting to order at 6:30 p.m.  Public Comment  Noone signed up tos speak at the open forum  3a. Receive Report Regarding the December 12, 2023 City Council Meetings and Chairman Tunnell acknowledged receipt of the December 12th Council Meeting regarding P&Z 3b. Discussion and Action Regarding the Minutes of the December 5, 2023 Regular  discussion of same.  items covered at the December 5, 2023 Planning and Zoning meeting.  Meeting. MOTION MADE: SECONDED: APPROVED: ABSENT:  MOTION: APPROVEMINUTES OFI DECEMBER 5, 2024 MEETING.  BISHOP SHAW  PASSED UNANIMOUSLY BYTHOSE: PRESENT  GORDON, HEINKELE  3.c Case No. ZA-2023-01R: Conduct a Public Hearing and act on an application to change the zoning classification from (A) Agricultural District to (SF-43) Single Family Residential District on two tracts of land in the City of Heath, Rockwall County, Texas. One tract is addressed as 1216 Smirl Drive and described as Abstract 207, E. Teal Survey, Tract 38-02, containing 1.193 acres. The other tract is located approximately100: feet south of1216 Smirl Drive further described as 3.001 acres of land adjacent to Smirl Drive that is a portion of Abstract 207 E. Teal Survey, Tract Director of Planning Aaron Adel began with reacquainting the Commission with the Development Process explaining the different steps involved in the development process. This item is an application to change the zoning classification from Agricultural District to Single Family Residential District on two tracts located generally at 1216 Smirl Drive containing a total of 4.194 acres. Notice was published and mailed to neighbors within 500' of the property and three notices were received in opposition and none received in favor. The applicant requests the zoning change to facilitate the creation of a residential subdivision to contain two single-family residential lots and one. lot remaining in the Agricultural District. This zoning application was on the P&Z agenda for Dec 51 but could not bel heard due to a deficiency: in the public notice. Thei following companion case Preliminary Plat depends on this zoning change for the plat to be approved as submitted. The previous application for rezoning with a companion Preliminary Plat to create six lots: five to be zoned (SF-43) and one remaining in the (A) District were recommended for denial without prejudice at the May 2nd P&Z meeting. On Jul 11, City Council accepted the applicant's request to withdraw the application. This application includes Park Fees that are to be collected before the plat is signed. The feels include Fee-In-Lieu of Land Dedication: $2,246.94 per Dwelling Unit, Park  38-01. (Rockwall CAD No.1 110295 and a portion of12687)  Planning & Zoning Minutes January 4, 2024  Page 1of4    Development Fee: $1,293.19 per Dwelling Unit, Total Park Fees: $3,540.13 per Dwelling Unit, Total Park Fees for 2 Dwelling Units/New Construction: $7,080.26. Impact Fees are assessed with building permit: Water Impact Fee (3/4" meter): $2,087.00; for 2 dwellings = $4,174.00, Road Impact Fee: $2, 419.07; for 2 dwellings = $4,838.14, Sewer Impact Fee (3/4" water meter): $3,940.00; for 2 dwellings = $7,880.00, Total Impact Fees: $16,892.14. Total Park & Impact Fees: $23,972.40. The Commission continued discussion and Commissioner Ruszkiewicz asked if there  would be an option to approve Lot3 as SF-E3 with an exception. HEARING to receive comments regarding the request. Chairman James' Tunnell opened the public hearing at 7:04 p.m.  Chad Estes, 6 Kensington Court -] property owner stated that his request to rezone. lot 1and lot 3.1 Lot 1 was sold and lot 3 remains unplatted. Lot 2 will remain agricultural zoning and he would build is primary home on this lot. The: rezoning conforms with the comprehensive plan. He enlarged one tank and built another onei that has helped decrease flooding off thep property. Hope Hart, 218 Carriage Hill - adjacent property owner to lot 3, stated that she has lived here over 20 years and has not had problems with drainage until Chad started working on his property. Water is spilling over into our property because the dirt brought in is too high and has Malcomb Gable, 206 Carriage Hill - neighbor, he is not against the development but is concerned that there are no checks and balances, the City has ordinances for this. The Estes started working on this property over six months ago and continues to do sO without approval. Ty Smith, 12 Hillview - stated that was in support of this and the drainage has improved since Estes has done a lot of improvements. The real issue was eight months ago when the church on the northside cut a culvert that moved the drainage down the property and was not permitted. Steve McKimmey, 217 Carriage Hill = neighbor, stated that he was not affected by the drainage but was opposed as presented. His concern was with lot 3 that it could be further subdivided. The new lots should have city sewage in order to comply with SF-43. Wei need aj plan to bring in Carol Estes, 1212 Smirl - stated that TECQ conducted an investigation and everything was in compliance and there were no' TECQ violations. Smirl Drive is a state highway and per state law there is not enough room for Lot 3 for an additional road if the property were tol be subdivided. City ordinances would disqualify it from ever being subdivided. There are checks and balances  changed the course over the hill and down on us.  al lift stations and city sewage.  here and is tired because this is a waste oft time for everyone.  Tunnell closed the public hearing at 7:24 p.m. Discussion and action regarding the request.  The Commissioners continued discussion. Chair Tunnell recommended zoning Lot 2 SF-43 and rest of the property to remain agricultural. Este stated that TxDot will allow him to move the driveway and Adel clarified that CIP Manager Mike Shook met with TxDot regarding relocating the driveway approximately 125 feet to the north property line and line it up with street to accommodate the property owner. TxDot responded that if the city was good with this relocation, then TxDot would approve. The city would be fine with relocating the driveway. Chair Tunnell recommended approving lot 2, denying lot 1 because there are too questions t we cannot answer MOTION TO ACCEPT ZONING CHANGE ON LOT 1 TO (SF43) SINGLE-FAMILY DISTRICTZONING, LOTS 2&3 TO REMAIN( (A)AGRICULTURE DISTRICTZONING.  and keeping lot 3 ini the agricultural district.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  TUNNELL BISHOP  PASSED UNANIMOUSLY BY THOSE. PRESENT  GORDON, HEINKELE  (meeting recessed at 7:36 p.m. and reconvened at 7:41 p.m.)  Planning & Zoning Minutes - January 4, 2024  Page2of4    3.d Case No. PP-2023-01R: Consider and act on the Preliminary Plat of Estes Addition, containing three (3) residential lots on 15-533 acres of land situated in the E. Teal Survey, Abstract 207, City of] Heath, Rockwall County, Texas, zoned (A). Agricultural District, and located approximately; 300 feet north ofthe intersection of Smirl Drive and Carriage Hill Lane on the east side of Smirl Drive. (Rockwall CADIDI No. 110295 and 12687).. A portion ofthe propertyi is the subject ofa zoning change application to be considered on the same meeting agenda to rezone two (2) of the lots from (A) Director of Planning Aaron Adel stated that this item as presented, does not conform to the approved zoning therefore, the compliance recommendation would be denial. To comply with the Texas Local Government Code, Chapter 212, and the City of Heath Subdivision Regulations, the Commission's motion to deny must include the following condition: In accordance with Subdivision Regulation, $158.06(D)(8) and $158.06(D)(18), the companion rezoning case must be MOTION TO DENY IN ACCORDANCE WITH SUBDIVISION REGULATION $158.06(D)(8) AND $158.06(D)018), THE COMPANION REZONING CASE MUST BE  Agricultural District to (SF-43) Single Family Residential District.  approved by the City Council.  APPROVED BYTHE CITYCOUNCIL.  MOTION, MADE: SECONDED: APPROVED: For: Against: ABSENT:  BISHOP RASK  PASSED FOUR' TO ONE BISHOP, RASK, SHAW,TUNNELL RUSZKIEWICZ GORDON, HEINKELE  3.e Case No. SP-2023-05: Consider and act on a Site Plan for Rockwall Independent School District's Cain Middle School on property described as Tract 14, Abstract 207, E. Teal Survey, containing 52.451 acres, and zoned as (A) Agricultural District. The Site Plan proposes an additional 42,751 square feet of building space and Director of Planning Aaron Adel stated that this item is for a Site Plan by Rockwall ISD for the expansion of Cain Middle School. Currently sixth grade classes are moving from elementary to middle school. RISD is building a new middle school and renovating existing middle school campuses to increase student capacity. The existing building is 105,697 SF and will be expanded by40% or 42,750 SF. The campus has two modular classrooms enclosed by a fence with a Fence Variance granted last year. These portable classrooms and the fence will be removed when the renovation of the building is complete. The total building SF after renovation: 188,330 SF. This Site Plan was considered by ARB on Dec 18th and recommended for approval with the following conditions: provide lighting cut sheets for proposed fixtures and % of the existing building being remodeled, depicting an existing firel hydrant, add a fire hydrant within 100 feet oft the FDC, move an existing Knox Box, and add two boxes, and if the dumpster area needs to be enlarged, provide a revised site plan showing the larger enclosure with dimensions. The key elements of the Site Plan are 24 bicycle parking spots, 1.51 parking spaces per classroom for 55 classrooms = 83 spaces required, 263 parking spaces provided, surplus parking for school events and extracurricular activities, landscape plan adds 12 trees & 89 shrubs, cutsheets indicate all new fixtures comply with the lighting ordinance. Following the ARB meeting, all conditions have been resolved. The site plan complies with all requirements of the (A) Agricultural District and other site plan requirements listed in 159.40(C) as shown in the Ordinance Compliance Matrix. Director of Project Planning and Construction for RISD, Tim Lyssy was present to clarify any questions. The Commission's concerns were that there was not sufficient parking to accommodate the additional students. Commissioner Shaw requested a traffic pattern study to clarify how much traffic would be anticipated with the additions. We cannot see the alleviation of the traffic issues without a traffic study. We would like to see a future demonstration on what is going to reduce the traffic  associated site improvements. (Rockwall CADID. 12653).  impact and recommended tabling the item until a traffic study can bej provided.  Planning & Zoning Minutes - January 4, 2024  Page. 3of4    MOTION TO TABLE TO THE FEBRUARY 6, 2024 MEETING BASED ON THE RECOMMENDATION THAT THE TRAFFIC MITIGATION SOLUTIONS BE  PRESENTED ATTHEMEETING.  MOTION. MADE: SECONDED: APPROVED: ABSENT:  RASK BISHOP  PASSED UNANIMOUSLY BYTHOSE: PRESENT  GORDON, HEINKELE  Chairman James Tunnell adjourned the meeting at 8:32 p.m.  APPROVED:  ATTT:  OF E  Yune Nmar NORMA DUNCAN CITYSECRETARY  Mametunnel  JAMESTUNNELL CHAIRMAN  ECT TEH  Planning & Zoning Minutes - January 4, 2024  Page 4of4