*  HEATI.  NOTICE, AND. AGENDA OF REGULAR CALLED MEETING 200 LAURENCE DRIVE-] HEATH, TX' 75032 TUESDAY, NOVEMBER 14, 2023 at 6:30 PM  HEATH CITY COUNCIL  1. Call to Order - Regular Meeting, Invocation and Pledge of Allegiance  2. Public Comment  This is an opportunity. for the public to address the Council on any matter, except public hearings included on the agenda. Comments related toj public hearings will be heard when the specific hearing begins. Public comments are limited to three (3) minutes per speaker, unless the speaker requires the assistance ofa translator, in which case the speaker is limited to six (6) minutes, in accordance with applicable law. To address the Council, please sign in prior to the start of the Council Meeting. Each spekershallapproach the podium ands state his/hername ands street address Deporespalmg.Spakers shall address the governing body with civility that is conducive to appropriate public discussion. Speakers can address only the governing body and noti individual city officials or employees. The public cannot: speak from the gallery but onlyJ from the podium. The Council is not permitted to take action on or discuss any item not listed on the agenda. The Council may: (1) make a statement offact regarding the item; (2) make a statement concerning the policy regarding the item; or (3) propose the item be  placed on afuture agenda. (Tex. Gout Code $551.042).  3. Consent Agenda Consent. Items.  These items consist of non-controversia or "housekeeping" items required by law. Items may be considered: individually by any Council member making such request prior to a motion and vote on the  3.a Action Regarding the Minutes oft the October 24, 2023 Regular Meeting.  3.b Action Regarding the Approval ofa a Purchase Order for al Pierce Custom Enforcer: 105' Aerial  Ladder Truck. (ChiefSeery)  4. Executive Session  In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will 4.a Section 551.071: Consultation with Attorney on aj matter: in which the duty oft the attorney tot the governmental body under the Texas Disciplinary Rules of Professional Conduct oft the State Bar of Texas clearly conflicts with this chapter, regarding: (i) moratorium on property development under Chapter 212, Subchapter Eofthe' Texas Local Government Code.  recess in Executive Session (closed meeting) to discuss the following:  5. Reconvene into Open Session  In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, ifany, on matters discussed inl Executive Session.  Heath City Hallz willy provide reasonable accommodations. for persons attending meetings. Please contact the Citys Secretary atg 972-77A-6228 nol later than 481 hours! prior toan meetingi ifyour requires special assistance. Wi-Fiavailablei in City Council Chambers Password:. Heathi23  1    6. Items for Individual Consideration  6.a Conductasecond: reading and act on an Ordinance enactingar moratorium on1 the acceptance, authorization, and approvals necessary for residential and commercial property development, consisting ofthes subdivision,replating: construction, reconstruction, orother alteration or improvement of residential and commercial buildings, for all properties currently receiving City of Heath water service and all properties located within the City of Heath'scertificatedicateofconvenience and necessity, in accordancev with Chapter212, ,Subchapter 6.b Case No. CUP-2023-06: Conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to $ 159.21 (B)(14)(c) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of 4,500 square feet to permit a Combined Floor Area of 4,538 square feet on 5.03 acres ofland described as Lot: 1, Block 1, Pittman Addition and addressed as 210. Rush Creek Drive. (Rockwall CAD: No. 54305). (A. Adel) 6.c Case No. ZA-2023-05: Conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 SF FM 549 and: further described as Tract 15, A. Rodriguez Survey, Abstract 231, CityofHeath, Rockwall County, Texas, and aj portion of property addressed as 200 Bevan Circle and further described as portion ofTract37-01, A. Rodriguez Survey, Abstract 230, City of Heath, Rockwall County, Texas from (A) Agricultural Districtto( (PD-SF) Planned Development: for(SF-43): Single Family Residential Uses and create the Hall Estates Residential Planned Development containing sixteen (16) single-famlyresidential lots oni 19.32 acres ofland. (Rockwall CADNo.1 12922 and al Portion 6.d Discussion and Action on a. Resolution of the City Council of the City of Heath, authorizing the City Manager to execute a Professional Services Agreement with Halff Associates to perform Professional Geographic Information System (GIS) services in the amount of 6.e Discussion and Action Regarding the. Award of Contract for Design of Public Works Building 6.f Discussion and. Action Regarding a Bidi for 300 HP Motor and Pump for Pump Station No.1 6.g Discussion Regarding the City's Firefighting System and Related Capital Improvement  Eofthe' Texas Local Government Code. (City.Attorney)  of12972).(A.Adel)  $50,000.00. (K. Lasher)  and infrastructure improvement. (M.Shook)  in] Rockwall. (R.. Dormier) Project. (R.Dormier)  7. Council/City Manager Comments  Regarding Items of Community Interest Pursuant to Texas Government Code Section 551.0415 The Mayor, Council and City Manager May Report on the Following Items: (1) Expression of Thanks, Congratulations or Condolences; (2). Information Regarding Holiday Schedules; (3)F Reogntonofindividuals; (Remindersabout: Upcoming City Council Events; (5) Information Regarding Community Events; (6) Announcements Involving Imminent  Threat to. Public Health and Safety.  Heath City Hallz will provider reasonable accommodations) for persons attending meetings. Please contact the City Secretary at 972-771-6228 nol later than 481 hours priort toar meeting ifyour requires special assistance. Wi-Fia availablei in City Council Chambers- Password: Heath123  2  2    8. Executive Session  Ina accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will 8.a Section 551.071: Consultation with Attorney on ar matteri in which the dutyoft the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, regarding: Consultation with Attorney on ai matteri in which the duty oft the attorneyt to the governmental bodyunder the Texas Disciplinary Rules of Professional Conduct oft the State Bar ofTexas clearly conflicts with this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and Trilogy final plat; (ii) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; (ii) legality of Senate Bill 2038 oft the 88th Regular Legislative Session, and Petitions for Release from the Extraterritorial Jurisdiction (ETJ); 8.b Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer regarding: (i) CityofHeath V. Melendon-Chisholm, Cause No. 1-22-1204; (i) MCTrilogy' Texas, LLCV. City of Heath, et al., Cause No. 3:22-CV-02154-D; and (ii) Cityo of Grand Prairie VS. State ofTexas, Case No. D-1-GN-23-007785.  recess in Executive Session (closed meeting) to discuss the following:  and (iv) TxDOT widening ofl FM 3097.  9. Reconvene into Open Session  Ina accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, ifa any, on matters discussed in] Executive Session.  10. Adjourn  NOTE: The City Councilr reservest ther rightt to1 meeti in Executive! Session closedt tot thej public ata anyt timei int the course ofthisr meeting to discuss matters listed on the agenda, as authorized byt the Texas Open Meetings Act, Texas Government Code, Chapter 551, including $551.071 (private consultation with the attorney for the City); $551.072 (discussing: purchase, exchange, lease or value ofr real property); $551.074 (discussing personnel ort tol hear complaints against personnel); and $551.087 (discussing eçonomic development negotiations). Any decision held on such matters willl bet taken or  conducted in Open Session followingt thec conclusion ofthe! Executive! Session.  Agenda Posted this gth day ofNovember, 2023 at 5:00 p.m.  Yhme Dcnl Norma Duncan, City Secretary  Heath City! Hall: will provider reasonable accommodations, for persons attending meetings. Please contact the City Secretary atg 972-771-6228 nol later than 481 hours priort toar meeting ifyour requires special assistance. Wi-Fiavailable: in City Council Chambers-, Password:. Heath123  3  3    MINUTES REGULAR MEETING HEATH CITY COUNCIL  TUESDAY, OCTOBER 24, 2023 at 6:30. PM  ATTENDING: KELSON ELAM, MAYOR  PAUL: RUFFO, MAYORI PROTEM SHARON CALDWELL JIM CHESTER RICH KRAUSE DONNA ROLATER BRENT WEAVER  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilman Jim Chester delivered  the Invocation and led the Pledge of Allegiance.  2. Public Comment  Phyllis Salverson, 626 Sorita Circle, Heath, TX- was present to express her concerns regarding the fire that occurred last Sunday night at 628 Sorita Circle particularly regarding the faulty fire hydrants inl Darr Estates. Mayor Elamstatedthat: the Council is awareofthe issue and wouldi further  discuss this during the Council/City Manager Comments.  3. Consent Agenda  3.a Action Regarding the Minutes oft the October 10 Regular Meeting. MOTION: APPROVE CONSENT AGENDA, ITEMS 3.a REGARDING MINUTES.  MOTION MADE: SECONDED: APPROVED: ABSTAINED:  CHESTER RUFFO  PASSED FIVETOTWO. (two abstained) ROLATER, WEAVER (absent at the Oct 10, 2023 meeting)  4.a Case No. ZA-2023-04R: Conduct a Public Hearing for an application to change the zoning on 2.463 acres ofl land from' Towne Center Overlay District with a base zoning classification ofLocal retail (LR) District to a Planned Development (PD) for Towne Center Overlay District, wthspecileusesbelng excluded,for "bank office uses only." Thesubject property: is land descrbedasTractl, Antonio RodriguezSurvey, Abstract No. 231, and is zoned (LR) Local Retail District within the Towne Center Overlay District. Thej property is located at the intersection of] FM 550 and FM 549. (Rockwall CAD ID No. 13000) A related Conditional Use Permit and Site Plan cases have been Assistant City Manager Kevin Lasher stated that he would present the following three items as one package but recommended that the Council make three separate motions. Case No. ZA-2023-04R: To change the: zoning on 2.463 acres ofl land from'l Towne Center Overlay District with al base zoning classification ofLocal retail (LR) District to al Planned Development (PD) for Towne Center Overlay District, with: specific uses being excluded. Land Area: 2.463 acres. Location: At the intersection of FM 740 and FM 549. 1st public hearing; Case No: SP-2023-01R - Site Plan One-story, 7,857.94 square foot bank and office building; and Case No. CUP-2023-03R: a Conditional Use Permit fora a four-lane drive-through bank teller facility, 2nd public hearing. The applicant is American National Bank and the current zoningi is' Towne Center Overlay District withan underlying base classification ofLocal Retail (LR) District. Thirteen neighborhood notices were mailed out, one received ini favor Lasher provided history stating that this resubmitted site plan was denied without prejudice by the City Council on June 27th. The original submittal had two Conditional Use Permit requests for approval ofatwo-storyl buildingi in the' Towne Center Overlay Districtand drive-through. ATM/teller lanes. There were eight variances. A companion: zoning case was also submitted that would exclude  submitted under case files CUP-2023-03R and SP-2023-01R.  and none received in opposition of the request.  City Council Minutes - October. 24, 2023  Page lof7  4    specifici retail and commercial uses andi reduce thei required parkingratio1 toreduce impervious: area. The P&Z Commission reviewed the original submittal on May 2a and the Commission determined there were too many variances and recommended denial without prejudice by a unanimous vote. On April 27, 2023, the Architectural Review Board reviewed the plans and voted five to one vote to recommend approval as presented. The revised plans show: the eight variances removed; the parking reduction to 42 spaces; the new Conditional Use Permit application deals with the ATM/teller lane requirement; the new building is one-story inl height and contains 7,857.94 square feet as opposed to 19,781.88 square feet. The news submittal package includes only one CUP request for the ATM/Teller lanes and two variances: 1. Variance to the 600-foot block width provision established by the Overlay District. The subject property is: slightly over 800'long and is defined by TxDOT roadway boundaries, and 2. Variance to allow footcandle readings just outside the ATM/teller lane area to exceed the 5-footcandle maximum. The applicant is invoking the Texas Finance Code. S5 59.307 Standards forl Lighting allows financial institutions tol have higher intensity lighting within a 50-foot radius of the main teller window and the most remote ATM machine. But the lighting plan shows 10.3 to 11.7 FC indicatorsjust outside of these two 50' radiuses within the ATM/tellerarea. Insummary, the CUPrgustshaiebenrdwediomiotoom: and the variance The lighting requirements: will not exceed 65,000 lumens per net acre; Provided illumination for property calculated at 30,645, or 23,756 lumens per developed acre (1.29 acres); An average of 1.5 FCi in areas of parking, pedestrian ways, and fire lanes; No more than 5 FC maximum at any point. The property line average is 0.1. The building site average is 0.70. Open space south oft the building is 0.18, and FC readings of 10.3 to 11.7 are shown outside of the two 50' radiuses within the ATM/teller area. Per the' Texas Finance, section 59.307 Standards for Lighting, the lighting must be at least: I. 10 candlefoot power at the face of the unmanned teller machine and extending in an unobstructed direction outward five feet; II. two candlefoot power within 50 feet from any unobstructed direction from the face of the machine, except as provided by Subdivision (3); III. if the machine isl located within 10 feet ofthe comer ofal building and is generally accessible from the adjacent side, two candlefoot power along the first 40 unobstructed feet oft the adjacent side oft the building; IV. two candlefoot power in the part of the defined parking area within 60 feet of the unmanned teller machine, and' V.I However, FCreadings sof1 10.3to11.7: ares shown outside of the two On September 28, the Architectural Review Board recommended approval of the Site Plan by a unanimous vote and requested the following conditions: 1. Recommended approval of the minimum 600-foot block width waiver as presented. 2. Recommended approval of the excess foot candle readings above 5 FC outside of the 50-foot radius established by the Texas Finance Code. S 59.307, Standards for Lighting. 3. Recommended approval of the CUP request for the teller/ATM lanes as presented. 4. Recommend the applicant undertake an additional revision to reduce the parapet wall height above the teller/ATM lane canopy sO that the parapet wall cap will match the height of thel horizontal cast-stone: string course element ont the main office building. (The applicant agreed to undertake this variance: and forward it tothel P&Zand City Council. The ARBI recommends approval of thisl height reduction.) 5. Recommend the window mullions bej painted (or anodized) in a "Champagne" color in lieu of the grey tone. 6. That two flag poles, maximum 20 feet in height, adorn the circular plaza area at the corner entrance with LED downlights mounted at the top of poles as specified by the City's! Night Sky Ordinance, and 7. Utilize the "saw-tooth" parapet molding depicted at the corner entrance walls for all parapet walls, including thel lowered parapet wall above the teller/ATM lanes described in condition No. 4 above. Although not made part of their recommended conditions, ARB also suggested the following issues communicated to the P&Z and Council. That TxDOT consider adding a left-turn lane for the drive approach off of FM 550; That the architect reconsider the location oft thel bike racks at the circular plaza sO that more: room can be accommodated for the potted tree and shrub planters; and Add more masonry articulation at the On October 2, 2023, the P&Z Commission, by a vote of 5 two 2, recommended approval of the Site Plan for American National Bank with the following conditions: 1. Recommended approval of the  requests decreased from eight to two.  50' radiuses within the ATM/teller area.  corner entrance walls toj provide more. surface articulation and embellishment.  City Council Minutes - October 24, 2023  Page 2of7  5    minimum 600-foot block width waiver as presented; 2. Recommended the excess foot candle readings above 51 FC outside oft the 50-foot radius established by the' Texas Finance Code. $59.307, "Standards forl Lighting,"t to be further reduced to bring these readings into closer compliance with the city'sNight Sky Ordinance while still maintaining the minimum standards specified by the: state code; 3. Recommended that a row of trees be planted at the southern end of the teller/ATM areas to mitigate light trespass. This modification is shown on revised plans; 4. Recommended approval of the CUP request for the teller/ATM per recommendations b. And C. Above; 5. Recommend approval of the additional variance recommended by the ARB to reduce the parapet wall height abovet the teller/ATM. lane canopy: sot that thej parapet wall cap will match the height ofthel horizontal cast-stone string course element on the main office building. (The applicant agreed to undertake this variance and forward it to the P&Z and City Council.) This modification is shown on revised plans; 6. Recommend the window mullions bej painted (or anodized) in a "Champagne" colori inl lieu ofthe greyt tone. This modification is shown on revised plans; and 7.That two flag poles, a maximum of20f feet inl height, adorn the circular plaza area at the corner entrance. This modification is shown  oni revised plans.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:19 p.m.  Scott Clanton, MG Architects - addressed the City Council and Commission concerns regarding lighting, specifically at the ATM. Weaver clarified that Texas ATM lighting Code requires minimums of 10-foot candles for a5 5-foot radius and 2-foot candles to a 50/60-foot radius from the face of the ATM. The City's requirement is less than 5-foot candles at any point. Therefore, within the 5-foot radius, the' Texas ATMI Lighting Code takes precedent, thereby allowing 10-foot candles within the 5-foot radius. Anywhere beyond the 5-foot radius, you can be: as low at 2-foot candles out to the! 50-foot radius per State Code, but this proposed lightingl plan far exceeds these State levels and is significantly over-lighted. Weaver recommended the applicant revise the design to comply with both City and State requirements. Staff and Council agreed these 31 related  agenda items should be considered together as a group. Mayor Elam closed the public hearing at 7:43 p.m. MOTIONTOTABLEITEM 4a. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM ROLATER PASSED UNANIMOUSLY  4.b Case No: SP-2023-01R - Consider and act on a Site Plan for the American National Bank, aj proposed one-story, 7,857.94 square foot bank and office building on 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231. The site is zoned (LR) Local Retail District within the' Towne Center Overlay District. The property is located at the intersection of FM 740 and FM 549. (Rockwall CADIDNo. 13000) A related Zoning Change and Conditional Use Permit cases have been Assistant City Manager Kevin Lasher stated that regarding the Site Plan, Councilman Weaver provided an email with five items he would be addressing: 1. Over-lighted area around ATMs. They exceed the' TX ATM: Lighting Code by up to 51 times; 2. Reduce the size/scale oft the screen wall. It's as big as, and is actually longer than the main building; 3. Reduce the monotony of the long runs of continuous-height cast stone base along the west and south elevations and portions of the east elevation by extending thel bottom oft the windows down al bit to create: some vertical modulation to break up the monotony; 4. Possibly change west utility door to a glass door SO that it doesn'tlook soi industrial and utilitarian given that this door isi in direct view of customer parking; and 5. Add larger-scale detailed dental brickwork, commonly seen on historic main-street buildings, along the cornice of the raised parapet walls, especially at the main entrance tower. While the small saw- tooth cornice detail added aroundt thel buildingisn nice, the diminutive. scale ofthis detail: is toosmall and not stately enoughi for a 25-foot-tall building. See ai few attached examples of arched or square  submitted under case files ZA-2023-04R and CUP-2023-03R.  City Council Minutes - October. 24, 2023  Page. 3of7  6    cornice brickwork. This type of cornice brickwork is a hallmark of historic Texas main-street architecture and something we've been asking for from the start. Weaver also stated that this building will be located in the most prominent, visible, and significant intersection in our entire city. Wearel looking for classic architectural integrity to make it truly look likel historic Texas main-  street architecture. MOTIONTOTABLEI ITEM 4b. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CALDWELL PASSED UNANIMOUSLY  4.c Case No. CUP-2023-03R: Conduct a Public Hearing for an application for a Conditional Use Permit, as required by Section 159.27 O(1) oft the Local Retail (LR) District as established in the Code of Ordinances, City of Heath, for a five (5) lane drive-through bank teller facility for a 7,857.94 square foot bank and office building on 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231. The site is zoned (LR) Local Retail District within the Towne Center Overlay District. The property is located at the intersection of FM 550 and FM 549. (Rockwall CADID! No. 13000) Arelatedz Zoning Change and Site Plan cases have been submitted Mayor Elam opened the public hearing at 8:19 p.m. and no one present to speak regarding this Councilman Weaver asked for confirmation that the packet listed a 5-lane ATM but it is actuallya 4-lane ATM. The applicant confirmed and indicated the four lanes consist of one lane is double- stack commercial lane, two ITM (Interactive Teller Machine) lanes, one ATM (Automatic Teller  under case files ZA-2023-04R: and SP-2023-01R. HEARING to receive comments regarding the request. request, Mayor Elam closed the public hearing at 8:20 p.m. Discussion and action regarding thei request.  Machine). MOTIONTOTABLEITEM 4c. MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  4.d Discussion and Action Regarding Review of Heath TX: Fines andi Fees Agreement. Director of Finance Jay Ayers stated that this item is regarding a Resolution approving and authorizing executionofacontingent fee agreement for legal services int theraletipnordelinguent court fines and fees. Under Texas Code ofCriminal Procedure Article 103.0031, it is permitted for ac county or al municipality to enteri intoat third-party collectioncontract to recover money owned on certain items in criminal cases. The City of Heath staff explored this as another mechanism to recover delinquent fines and fees. Linebarger Goggan Blair & Sampson LLP has been selected as the third-party collection agency for these fees. Delinquent amount are account receivable and debts that are: more than 60 days past due. Each delinquent amount willl be referred to collections. Linebarger will assess an aMtaoXesadles amount tol bej paid byt the debtor. Once amounts are received by Linebarger, Linebarger will send the city's portion to the City of Heath. Linebarger has over four decades of experience in collecting delinquent accounts receivable for government clients, have customizable collection programs, are technologically adept, have exceptional customer service and have a successful track record of collecting delinquent accounts receivable for government clients. Staff recommends approval. Jeff Jordan, Area Manager at MOTION: APPROVERESOLUTION NO. 231024B REGARDING CONTINGUENT FEE AGREEMENT FOR LEGAL SERVICES IN THE COLLECTION OF DELINQUENT  Linebarger Goggan Bair & Sampson was) present.  COURT! FINES AND FEES. City Council Minutes - October 24, 2023  Page4of7  7    MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM CHESTER PASSED UNANIMOUSLY  4.e Discussion and Action Regarding Resolution No. 231024A approving the purchase of 6.5 acres of land being part of WM Peters Survey, tracts 35.02 and 35.04, Property ID's 187223 and 51223, City of Kaufman, Texas ("Property") by the Kaufman Central Appraisal District pursuant to purchase and sale agreement between Kaufman Central Appraisal District and the Kaufman Independent School District and the construction of and related financing of a building pursuant to a lease purchase agreement as required by Texas' Tax Code $6.051(b); Ordering: a copyofthisresolution Director of Finance Jay Ayers stated that Kaufman Central Appraisal District (KCAD) is seeking entity approval toi move forward with the construction of a newi facility tol house their operations. The current facility is overcapacity. KCAD must gain approval from a finite number of taxing entities within its jurisdiction before they can proceed with the construction; process forar new facility. Kaufman County is one of thei fastest growing counties in the nation; current facility is not adequate for growth and demand; new facility will cost approximately $12-15 million annually; Looking at a 20-25 year loan to finance the construction of this new facility. City of Heath's s contribution to this facility would approximately $4,036 total cost of the project or $202/annually. All financial-related impact questions can be answered by Coy Johnson, Deputy Chief Appraiser of the Kaufman Central Appraisal District. Staff recommends approving Resolution No. 231024A allowing Kaufman Central Appraisal District to move forward with the construction of a newi facility. MOTION: APPROVE RESOLUTION NO. 231024A REGARDING LEASE PURCHASE AGREEMENTWITHKAUFMAN CENTRAL. APPRAISAL DISTRICT.  be provided to the ChiefAppraiser; and providing an effective date.  MOTION MADE: SECONDED: APPROVED:  MAYOR ELAM ROLATER  Councilman Weaver clarified to our residents that this is approving a new building inl Kaufman County and we are: not approving a new building in Rockwall County or in Heath.  PASSED UNANIMOUSLY  Council/City Manager Comments  City Manager Aretha Adams stated al home was lost toi fire on October 22 and would address thei issue with the fire hydrants. Adams provided history stating that Darr Estates, Antigua Bay, Cove Ridge and other areas along Rabbit Ridge have never had firel hydrantst that provided firefghtingcapability. These areas were owned and operated by water supply companies that were not the City of Heath. When the City of Heath took over the infrastructure, upgrades to the water lines and fire hydrants were prioritized. Antigua Bay and Cove Ridge were priorities because their water lines were very small and the density was higher. Rabbit Ridge was updated because it was a companion project to aroad project SO their was bond funding available. Darr Estates remains the last project. One oft the six fire hydrants inl Darr Estates is operable. When the fire occurred, fire fighters trucked in water from the closest working firel hydrants and at no point was there not adequate water to fight the fire. A home was loss and that is al big deal. Moving forward, the Council will review the funding options and action willl bel brought to an upcoming meeting. Mayor Elamstated that when we bought Forney Lake Water Supply, it was not made clear that there was any regulation that we. had toi remediate fire  hydrants. We will definitely prioritize this project and move forward.  Executive Session  At 9:05 p.m., Mayor Elam recessed the meeting to Executive Session (closed meeting) stating that ina accordance with' Texas Government Code Chapter 551, Subchapter D, the City Council recessed into Executive Session (closed meeting) to discuss the following: Section 551.071: Consultation with. Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conducto oft the: State. Bar ofTexas clearly conflictswitht this chapter, regarding: (i) zoning and platting standards, Local Government Code shot clock, and  City Council Minutes - October. 24, 2023  Page 5of7  8    Trilogy final plat; (ii) Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; (iii) moratorium on property development under Chapter 212, Subchapter E of the Texas Local Government Code; (iv) city's firefighting system and related capital improvement project; (v) City Manager Agreement; and (vi) discussion regarding Senate Bill 2038 of the 88th Regular Legislative Session, and Petitions for Release from the Extraterritorial. Jurisdiction (ETJ), including those received from the following petitioners on the following dates: (1) H. Michael Gibson and Terrie L. Gibson received on October 13, 2023 (Kaufman CAD ID 13297 and 3730) ; and (2) Herbert M. Gibson received on October 18, 2023 (Kaufman CAD ID 56920); Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offerregarding: (i) Cityo ofHeathv. Mclendon-Chisholm, Cause No. 1-22-1204;and (ii) MCTrilogy Texas, LLC V. City of Heath, et al., Cause No. 3:22-Cy-02154-D; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of public officer or employee, regarding: (i) City Manager annual performance evaluation; and (ii) At 11:02 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session MOTION TO APPROVE CITY MANAGER CONTRACT PER DISCUSSION IN  City Manager Agreement.  stating that no action was taken ini the Executive: Session.  EXECUTIV SESSION. MOTION MADE: SECONDED: For: Against: APPROVED:  MAYOR ELAM ROLATER KRAUSE PASSED: SIXTOONE  CALDWELL, CHESTER, ELAM, ROLATER, RUFFO, WEAVER  8.a Discuss, Consider, and Possibly Take Action on Petition for Release from the City of Heath's Extraterritorial. Jurisdiction, pursuant to Texas Senate Bill 2038, received on October 13, 2023, from Petitioners H. Michael Gibson and Terrie L. Gibson for IMOVE THAT H. MICHAEL GIBSON AND TERRIE L. GIBSON'S PETITION TO REMOVE PROPERTY FROM THE CITY'S EXTRATERRITORIAL JURISDICTION BE DENIED BECAUSE: 1. THE PETITION IS INCOMPLETE BECAUSE IT DOES NOT COMPLYWITHTEE REQUIREMENIS ESTABLISHED BYSENATEI BILL2038; AND2. SENATE BILL 2038, LOCAL GOVERNMENT CODE SECTIONS 42.104 & 42.105 ARE UNCONSTITUTIONAL. DELEGATION OFI LEGISLATIVE AUTHORITY AND CONFLICT WITH LOCAL GOVERNMENT CODE SECTION 42.023. THE CITY DOES NOT  Kaufman CADID 13297 and 3730.  CONSENTTOREMOVAL OF PROPERTY FROMITSETJ.  MOTION MADE: SECONDED: APPROVED:  WEAVER CHESTER PASSED UNANIMOUSLY  8.b Discuss, Consider, and Possibly Take Action on Petition for Release from the City of Heath's atatertonallurkacton pursuant to Texas Senate Bill 2038, received on October 13, 2023, from Petitioner Herbert M. Gibson for Kaufman CADID. 56920. IMOVE THAT HERBERT M. GIBSON'S PETITION TO REMOVE PROPERTY FROM THE CITY'S EXTRATERRITORIAL JURISDICTION BE DENIED BECAUSE: 1. THE PETITION IS INCOMPLETE BECAUSE IT DOES NOT COMPLY WITH THE REQUIREMENTS ESTABLISHED BY SENATE BILL 2038; AND: 2. SENATE BILL2038, LOCAL GOVERNMENT CODE SECTIONS 42.104 & 42.105 ARE UNCONSTTUTIONAL DELEGATION OF LEGISLATIVE AUTHORITY AND CONFLICT WITH LOCAL GOVERNMENT CODE SECTION 42.023. THE CITY DOES NOT CONSENT TO  REMOVAL OF PROPERTY FROMI ITS ETJ.  City Council Minutes - October 24, 2023  Page 6of7  9    MOTION MADE: SECONDED: APPROVED:  CHESTER RUFFO  PASSED UNANIMOUSLY  Mayor Elam adjourned the meeting at 11:05] p.m.  APPROVED:  ATTEST:  KELSON ELAM MAYOR  NORMA DUNCAN CITY SECRETARY  City Council Minutes - October 24, 2023  Page 7of7  10    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 3.b  Item:  Action Regarding the Approval ofal Purchase Order for a Pierce Custom Enforcer: 105 Aerial Ladder  Truck. (Chiefs Seery) Background:  The Department of Public Safety is requesting the approval ofaj purchase order fora a Pierce Custom In: 2023, the City contracted Emergency Services Consulting International to conduct al DPS facility feasibility study. The study recommended increased staffing and a consideration to purchase an aerial unit. Thei recommendation was made based upon the largel homes and commercial buildings within the response area. The tallest ladder that is carried on HDPS apparatus is 24-foot which ati the proper climbing angle will: reach approximately 181 feet inl height. Therefore, this hinders firefighters access to victims on second floors when the structure is higher than 18 feet. It also impacts the ability to perform The purchase oft this equipment also allows the City to achieve more points on the Insurance Services Office (ISO) evaluation which can potentially lower the Public Protection Classification grade. Fifty percent of a community'so overall gradei isl based upon the fire department's structure fire suppression system. A staffed ladder company can increase points for both equipment and personnel. The current ISO credit forl ladder service is 0.98 of4 4 available points. The current ISO credit for company personnelis This apparatus is al long-term investment inj public safety fori the City. Once received, this apparatus is  Enforcer1 105' Aerial which was approved ini the FY: 2024-2025 budget.  vertical ventilation duet to structure height and roof pitch.  9.50of1 151 points available.  expected to serve the citizens for the next twenty years.  Financial Impact:  The City is part of thel Houston-Galveston Purchasing Cooperative (HGAC BUY) and DPS will utilize this organization to complete the purchase using theirl bidding agreement with Siddons-Martin Emergency Group. The purchase oft this unit will take advantage of approximately 15% in savings and a 49 month wait time duet to anotherjurisdiction cancelling their order. DPSi is estimated tot take delivery of the unit  inJuly2025.  11    Purchase Price $1,698,000.00 HGAC Fee $2,000.00  Total Budgeted Purchase Price-$1.700,00000  Legal Impact: N/A N/A  Comprehensive Plan Impact: StalfRecommendation:  Recommend approval oft the purchase ofa a Pierce 105ft. Aerial.  Attachments: HGAC: Signture Form.pdf  Proposal - Single and Multiple Trucks 02.40311.19838973041  12    HEATH.  10/31/2023  Houston-Galveston Area Council (H-GAC) RE: HGAC Contract FS12-19 Purchase  Attn: Shantra Wilson  City Of Heath has contracted with Siddons-Martin Emergency Group to purchase the  fire apparatus listed below on HGAC contract FS12-19:  (1) Pierce 105ft Aerial  The purchase includes published and/or unpublished options as shown in the HGAC  worksheet totaling the following contractual amount:  Purchase Price HGAC Fee Total Purchase Price Sincerely,  $1,698,000.00 2,000.00 $1,700,000.00  Brandon Seery Fire Chief City of Heath  13    HEATH.  Signature  Date  14    Siddons Martin Emergency Group, LLC  3500 Shelby Lane Denton, TX76207 GDN P115891 TXDOT MVD No. A115890 October 31, 2023 Brandon Seery, Chief HEATH FIRE DEPARTMENT 200 LAURENCE DR HEATH, TX 75032  EM CPierce    CLLET BI  Proposal For: 2023 Heath Ladder  Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to HEATH FIRE DEPARTMENT. Unit will comply with all specifications attached and made a part oft this proposal. Total price includes delivery FOB HEATH FIRE  DEPARTMENT and training on operation and use oft the apparatus.  Description  Amount  Qty. 1-1 1105 - Pierce-Custom Enforcer Aerial- 105' (Unit Price - $1,698,000.00) Delivery within 21-22 months of order date QUOTE # - SMEG-0006543-1  Vehicle Price $1,698,000.00 1105- UNIT TOTAL $1,698,000.00  SUB TOTAL $1,698,000.00 TOTAL $1,700,000.00  HGAC FS12-19 (FIRE)  $2,000.00  Price guaranteed until 10/31/2023  Additional: 'Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made Persistent Inflationary Environment Notification: If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] (the "PPI) has increased at a compounded annual growth rate greater than 5.0% from the date of acceptance of this proposal letter (the "Order Month") and 14 months prior to the anticipated Ready for Pickup Date (the Evaluation Month"), then the proposal price may bei increased by an amount equal to any increase exceeding 5.0% for the time period between the Order Month and the Evaluation Month. Siddons Martin and Pierce will provide documentation of such increase and the updated price fori the customersapproval before proceeding with completion oft the order along with  available, and ai final firm delivery date will be provided as soon as possible.  an option to cancel the order.'  Proposal 2023 Heath Ladder  Page 1 of2  October 31, 2023  15    Taxes: Taxi is noti included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, iti is the duty oft the purchasing organization to pay any and all taxes due. Balance ofs sale price is due upon acceptance of the apparatus at the factory. Late Fee: A late fee of. .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is duei for thei first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost Cancellation: Ini the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge  oft the apparatus.  schedule based on costs incurred may be applied:  (A) 10% oft the Purchase Price after order is accepted and entered by Manufacturer (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition.  The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale ofs such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to another purchaser, plus Acceptance: In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in  any costs incurred by Siddons-Martin to conduct such sale.  writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC.  Sincerely,  Brandon Cotten  the authorized representative of HEATH FIRE DEPARTMENT, agree to purchase the proposed  and agree to the terms of this proposal and the specifications attached hereto.  Signature & Date  Proposal 2023 Heath Ladder  Page 2of2  October 31, 2023  16    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.a  Item:  Conduct a second reading and act on an Ordinance enacting ai moratorium on the acceptance, authorization, and approvals necessary for residential and commercial property development, consisting oft the subdivision, replatting, construction, reconstruction, or other alteration or improvement of residential and commercial buildings, for all properties currently receiving City of] Heath water service and all properties located within the City of Heath's certificate of convenience. and necessity, in accordance with Chapter 212, Subchapter E oft the Texas Local Government Code. (City Attorney)  Financial Impact: Legal Impact:  Comprehensive Plan Impact:  Attachments:  DRAFT Ordinance 231114A Moratorium for Residential and Commercial Property Development.pdt:  2023-2024 Moratorium Submittal Calendar Final.pdf Moratorium Exemption Application Form.pdf Moratorium Waiver. Application Form.pdf 11.3.23 P&Z1 PH Newspaper Notice.pdf 11.4.23 CCPH Newspaper Notice.pdf  17    CITYOFHEATH, TEXAS ORDINANCE NO. 231114A  AN ORDINANCE OF THE CITY OF HEATH, TEXAS, ("CITY") ENACTING A MORATORIUM ON THE APPROVALS NECESSARY FOR RESIDENTIAL AND CONSISTING OFTHESUEDIVISION, REPLATTING, CONSTRUCTION, RECONSTRUCTION, OR OTHER RESIDENTIAL AND COMMERCIAL BUILDINGS, FOR ALL PROPERTIES CURRENTLY RECEIVING CITY WATER SERVICE AND ALL PROPERTIES LOCATED WITHIN THE CITY'S CERTIFICATE OF CONVENIENCE AND NECESSITY,INACCORDANCE WITH CHAPTER 212, SUBCHAPTER E OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR WRITTEN FINDINGS OF FACT, DEFINITIONS, EXEMPTIONS AND WAIVERS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING CONFLICT AND SEVERABILITY CLAUSES; AND  ACCEPTANCE, COMMERCIAL ALTERATION  AUTHORIZATION, PROPERTY OR  AND  DEVELOPMENT,  IMPROVEMENT  OF  APPLICABILITY,  EXPIRATION,  EXTENSION,  PROVIDING AN EFFECTIVE DATE.  WHEREAS, the City of Heath, Texas ("City") is a home rule municipality operating pursuant to the laws of the State of Texas and its Charter, by and through its  duly elected City Council ("City Counci/)members; and  WHEREAS, the City Council of the City of Heath as a duly elected legislative body, finds that it is facing significant water supply capacity issues coupled with historic drought and extreme. heat that existing Cityordinances werei not designed to address; and WHEREAS, the City purchases water from the City of Rockwall to serve customers within the City's water service area located in the city limits and within the  City's certificate of convenience and necessity ("CCN"); and  WHEREAS, as required by section 13.250 of the Texas Water Code, the City is required toi render continuous and adequate water service to all properties located within its certified area as set by the City's CCN; additionally, the Cityis also required to continue water servicei to customers currently receiving City water and residing outside oft the City's  CCN; and  WHEREAS, oni mulipleocasionsthet City's water usage has exceeded its current allocation of six million gallons per day, causing the City of Rockwall toi temporarily shut  Page 1 of13  18    off water supplyt tot the City, leaving the Cityt to solelyrely on water contained: in its storage  tanks; and  WHEREAS, the City's ability to provide sufficient water to current water customers and to properties within its service area will be drastically impacted if continued growth and development should occur under the City's existing Code of Ordinances and Comprehensive Plan, whichi I molongeradpuateyndres concerns about  the City's a ability to serve water within its water service area; and  WHEREAS, the City has hired Freeman-Millican, Inc. to conduct a study evaluating all possible options toj purchase additional domestic water and lake water for  irrigation purposes, which will be completed in December 2023; and  WHEREAS, the City Council finds that iti isin thel best interest oft the City and its citizens to adopt and enact a moratorium under Local Government Code Chapter 212, Subchapter E, in order to temporarily suspend the acceptance, authorization, and approvals necessary for thes subdivision, replatting, construction, reconstruction, or other alteration or improvement of residential and commercial real property for properties currently receiving water service from the City and all property located within the City's  CCN; and  WHEREAS, Texas Local Government Code Section 51.001 provides the City general authority to adopt an ordinance, rule, or police regulations that is for the good government, peace ororderofthe Cityandi is necessaryorproperfoperforcarryingout: aj power  granted by lawi to the City; and  WHEREAS, Texas Local Government Code Chapters 211, 212, 213, 214, and 217 grant the City certain regulation authority concerning construction, land use, nuisances,  structures, and evelopment-related activities; and  WHEREAS, the City seeks to ensure that impending and future development is WHEREAS, as codified in Texas Local Government Code Chapter 552, Subchapter A, the Legislature of the State of Texas granted municipalities the authority to own and operate "utility systems," which include water systems designed to provide  conducted in a water efficient, conscious, and responsible manner; and  domestic consumption of water; and  WHEREAS, Texas Local Government Code Section 552.017 grants home rule municipalities the authority toj provide for municipal water supply systems; and WHEREAS, the City Council has determined that it is necessary to the health, safety, and welfare of the people within its jurisdiction to encourage and promote the development and use of the City's water utility and supply systems to serve the water provision needsofthecitizens withinitsjurisdiction: land to] prevent falureofwatersupply  within the system; and  Page 2 of13  19    WHEREAS, the City'sengineer conducted an analysis to determine the adequacy of the City's current water supply, facilities, and the need beyond the estimated capacity that is expected to result from properties currently in development, as set forth in  Attachment "A,"attached hereto and incorporated herein; and  WHEREAS, based on historical water usage and an analysis of the City's water customers' use during peak and non-peak times, the City has determined that periods of high water demands are caused Mianyyhmaegpncimgian coupled with extreme  weather events such as drought and record heat; and  WHEREAS, with regard to the inadequate water supply to existing essential public facilities that is expected to result from new residential and commercial property development, in accordance with Section 212.135 of the Texas Local Government Code,  the City Council finds:  1. Asd demonstrated by the City Engineer in Attachment "A":  a. the City'swater systemi is currentlyo operating at and beyond capacity during peak season when water demand exceeds available water supply; and b. new residential and commercial property development will furtherincrease demand on the City's already strained water supply capacity, placing the City in peril of running out of water during peak season; 2. The City's Fiscal Year 2023-2024 budget, approved on September 26, 2023, allocates $250,400.001 in wateri impact fees to address the facility need; 3. This moratorium is reasonably limited to property located in the City's water service area, as this area: is where a shortage of essential public facilities would 4. This moratorium is also reasonably limited to property that has not been approved for development because of the insufficiency of existing public WHEREAS, the City Council finds that certain essential public water supply to the City is inadequate and insufficient to adequately serve new residential and  otherwise occur ift the moratorium was not enacted; and  facilities.  commercial development; and  WHEREAS, until actions can be taken toi increase the water supply of the City of Heath, the City Council finds that allowing for additional water service connections from new residential and commercial development to the Heath water service area will only  exacerbate the situation; and  WHEREAS, the City Council finds that a moratorium on the acceptance, authorization, and approvals necessary for residential and commercial development comistingofle-sbdivison, replatting, construction, reconstruction, orotheralteration or improvement of residential or commercial buildings) is reasonable and necessary to prevent the water supply capacityissues: from becoming worse, will allow the City time to address the measures needed to remedy the shortage of water supply capacity, and to  secure: funds to pay: for such remedial measures; and  Page 3 of13  20    WHEREAS, the City Council finds that further evaluation of the existing infrastructure and development is needed before additional growth and development within the City in order to protect the health, safety, environment, quality of life, and  general welfare ofits residents; and  WHEREAS, the City Council desires to study and evaluate thei impact of further development, the availability of alternate and redundant water supply sources, the need for additional water facilities and infrastructure, the need for ordinances addressing the water supply capacityc concerns, and issues that will affect future growth and development  of the area within itsj jurisdiction; and  WHEREAS, the City Council finds this evaluation process may require WHEREAS, in order for the City to have adequate and reasonablet timet toi review, evaluate, and revise the City's ordinances and Comprehensive Plan, and to consider the impact ofthe ordinances upon future growth, public health and safety, development, and the natural environment within the City's jurisdiction, the City Council wishes to maintain the status quo by implementing a moratorium, during which certain applications for residential and commercial development permits and/or approvals will  community input and will take a reasonable amount oft time to complete; and  bes suspended; and  WHEREAS, in recognition of the importance of development permits and/or approvals toi the community, the City Council desires toimplement this moratorium fora stated and fixed time period, and to include a waiver provision in accordance with Local  Government Code Chapter 212, Subchapter E; and  WHEREAS, all notices and hearings, including a hearing by the Planning and Zoning Commission and City Council, have been published and held in accordance with  applicable statutes, laws, and regulations; and  WHEREAS, based on thei findings contained herein, information provided by the City's engineer and staff, and the evidence submitted atj public hearings, the City Council has determined that existing ordinances and regulations and other applicable laws are inadequate to prevent existing essential public facilities related to water supply capacity from exceeding capacity, thereby being detrimental to the public health, safety, and  welfare oft the residents of Heath; and  WHEREAS, the City Council finds that the enactment of this Ordinance is directly related toi the immediate preservation of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SECTION1. FINDINGS OFI FACT: Thei foregoing recitals arei incorporatedi into this Ordinance by reference as legislative findings of fact as ife expressly set forth herein.  THECITYOF HEATH, TEXAST THAT:  Page 4 of13  21    SECTION 2. DEFINITIONS: As used in this Ordinance, these terms shall be defined as follows. Terms appearing in this Ordinance but not defined herein shall have ther meanings provided ini the Clty/sCodeofOndimances, orifnot defined by the City, then  the common meanings in accordance with ordinary usage.  A. Essential Public Facilities: means water supply facilities provided by the B. Permit: means a license, certificate, approval, registration, consent, permit, contract or other agreement for construction related to, or provision of, service from a water or wastewater utility owned, operated, or controlled by a regulatory agency, or other form of: authorization required by law, rule, regulation, order, or ordinance that a person must obtain to perform an action or initiate, continue, or complete a project for which the permit is sought. Permits subject to the moratorium are listed in Attachment "B" of this Ordinance, attached and C. Project: means an endeavor over which a regulatory agency exerts its jurisdiction and for which one or more permits are required to initiate, continue, D. Property Development: means the construction, reconstruction, or other alteration or improvement of residential or commercial buildings or the subdivision or replatting ofas subdivision of residential or commercial property. E. Residential Property: means propertyzoned for oro otherwise: authorized for single-family or multi-family use, which includes all zoning use districts set forth in Chapter 159 ofthe City's Code of Ordinances, except for local retail (LR). F. Commercial Property: means property zoned for or otherwise authorized SECTION 3. APPLICABIEITY: The City of Heath hereby enacts a moratorium on the acceptance and processing of applications for Permits and other forms of municipal authorizations related to Property Development of Residential Property and Commercial Property, as set forth in Attachment "B". Thismoratorium applies to: 1) all Residential Property and Commercial Property currently receiving water service from the City that may reside outside ofthe City's certificate of convenience and necessity, and 2) all Residential Property and Commercial Property located within the City's certificate of convenience and necessity regardless ofwhether the property is currently receiving water service from the City, unless the Permit or Project is issued an exemption or waiver by the City (as provided below). Additionally, the moratorium does not apply to Projects or Permits associated with religious usage or K-12 schools. The applicability of the moratorium to any Permit not listed in Attachment "B" shall be determined based on the purpose of the moratorium and may be added to the. Attachment "B" list by the City Manager.  City, as defined in Local Government Code, section 212.131(1).  incorporated herein.  or complete the endeavor.  for use other than single-family use and multifamily use.  Page 5 of13  22    SECTION 4. EXPIRATION; EXTENSION: The moratorium expires on the 120th day after the date this Ordinance is adopted, unless it is extended in accordance  with section 212.136 oft the' Texas Local Government Code.  SECTION 5. EXEMPTION FROM THE. MORATORIUM  A. Exemption. Upon application from the property owner or the property owner's designee, the Planning Director or their designee may determine a Project or Permit is exempt from the moratorium in the follow instances: 1. No Impact Project or Permit. The City may determine the moratorium implemented by this Ordinance does not apply to a Project or Permit that does not require the use or installation of landscape 2. Projects in Progress. As set forth in section 212.139(a) of the Texas Local Government Code, the City may determine the moratorium implemented by this Ordinance does not apply to a Project in progress under Chapter 245 of the Texas Local Government Code. New Permits applied for as part of a previously approved Project may proceed once an exemption is applied for and approved as described herein.  irrigation.  B. Procedure for Issuing an Exemption.  1. Application. Property owners, or their designee, asserting an exemption from the moratorium must submit an Exemption Request application. This application may be submitted at any time prior to or along with al Permit application. Failuretoreceive: an exemption shall be grounds for denial of the Permit. The Exemption Request application form is available on the City's website or from the Planning Director.All Exemption Request applications must be submitted by email to the Planning Director, as indicated on the application form. Exemption Request applications are not considered received by the City if the 2. Determination. The Planning Director, or their designee, will make the determination on the Exemption Request on behalf of the City. The Planning Director or their designee will provide a determination within 30 days of receiving the complete application. Thel Planning Director or their designee's determination is final and cannot be appealed. Any denial will stand until the moratorium is lifted, unless the Project or Permit requesting the exemption has a substantial change and reapplies for an exemption. Once an exemption has been granted for the Project, the exemption shall apply to all Permits associated with the Project.  application isi incomplete.  Page 6 of13  23    SECTION 6. WAIVER FROM THE MORATORIUM  A. Waivers. A property owner, or designee, may apply for a waiver from the moratorium relating to thej property subject to the moratorium by:  1. Claimingarightohtained underad developmentagrement with theCity; 2. Providing the Essential Public Facilities that are the subject of the  or  moratorium at the property owner's cost.  B. Procedure for Issuing a Waiver.  1. Application. Property owners, or their designee, requesting a waiver from the moratorium must submit a Waiver Request application in writing on the City's approved form and list the reasons for requesting the waiver. The Waiver Request application form is available on the City's website or from the Planning Director. Waiver Request applications may only be submitted on the "Submittal Date," as determined by the Planning Director or their designee. Waiver Request applications submitted outside oft the Submittal Date will be considered Property owners or their designee must receive a waiver prior to the submittal ofany Permits. Failure to receivear waiver: shall be grounds for denial ofthel Permit. All Waiver Request applications must be submitted by email to the Planning Director, as indicated on the application form. Waiver Request applications are not considered received by the City if 2. Determination. The City Council will vote on whether to grant the waiver request within 10 days after the date of receiving the written request. Any denial will stand until the moratorium is lifted, unless the project requesting the waiver has a substantial change and reapplies for a waiver. New permits applied for as part of a development agreement may proceed once a waiver from the moratorium is granted by the City Council. Once a waiverl has been granted for thel Project, the waiver shall  received by the City on the next Submittal Date.  the application is incomplete.  apply to all Permits associated with the Project.  SECTION 7. CONFLICTS: In the case of any conflict between the other provisions of this Ordinance and any existing ordinance ofthe City, the provisions oft this  Ordinance will control.  SECTION 8. SEVERABILITY: If any section, subsection, clause, phrase or provision of this Ordinance, or any application thereof to any person or circumstance,  Page 7of13  24    shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or any application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired ori invalidated.  SECTION T9. ENFORCEMENTThe Citys shalll havethe] powertoadministerand enforce thej provisions ofthis Ordinance as: mayl bei required by governing law. Any person violating any provision of this moratorium is subject to all remedies available by law, including suit forinjunctive: relief as well as prosecution for criminal violations, and such  violation is hereby declared to be ai nuisance.  Nothing in this Ordinance shall be construed as a waiver ofthe City's right to bring a civil action to enforce the provisions of this Ordinance and to seek all remedies as  allowed by law and/or equity. immediately upon passage.  SECTION 10. EFFECTIVE DATE: This Ordinance shall be effective SECTION11. PROPERNOTICE & MEETING: Itishereby officially found and determined that the meeting at which this Ordinance was passed was open to thej public, and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice and public hearings were also provided as required by Texas Government Code Chapter 212, READ & ACKNOWLEDGED on First Reading on the 8th day of November 2023. READ & APPROVED on the Second Reading on the 14th day of November 2023, at a  Subchapter E.  meeting oft the City Council oft the City of Heath, Texas.  ATTEST:  APPROVED:  Norma Duncan, City Secretary APPROVED, ASTO: FORM:  Kelson Elam, Mayor  Marie N. Johnson, Assistant City Attorney  Page 8 of13  25    ATTACHMENTA  REEaP-TIuuicAn.inc. IIl ENGINEERS - ARCHITECTS - PLANNERS  September 25, 2023 Ms. Aretha. Adams City Manager City of] Heath 200 Laurence Road Heath, Texas  Re: Water Needs Projections Cityof Heath  Dear Ms. Adams:  We have reviewed the water use history of the city of Heath and have projected maximum daily demands for the existing customers plus the currently permitted lots in the City. Currently, the city of Heath provides potable water to its properties within the City Limits and properties within its certificate of convenience and necessity (CCN). The city of Heath receives water from the city of Rockwall, with a current allocation of Since July 4, 2022, the City of Heath has exceeded six (6) million GPD on 16 occasions. Six (6) of those days were in 2023. On July 11, 2022 the water demand for the city of Heath was 7.07 million gallons. This resulted in an average demand of 1.17 GPM from 4,182 customers on that day. Since this exceeded the allocation from Rockwall by over one million gallons of water, water restrictions werei implemented by the city of Heath to artificially reduce the demand. Historically, the maximum water demand per connection in Heath has been closer to 1.25 GPM, but it normally happens in August or The consequence of exceeding the allotted six (6) MGD is that the pumps from Heath are programed to only pump six (6) MGD into the city's three (3) MGD ground storage tank (GSR) at pump station number 1 in Rockwall. Whenever the meter for the transfer pumps hits six (6) million gallons for a 24-hour period, the transfer pumps are shut off. Any water used in Heath after that point until the 24-hour clock restarts transfer pumping, comes from ground storage and elevated storage in the City. When the transfer pumps restart, they then refill thei tanks that were drawn down by water used in the City when no water was available from Rockwall. If this occurs several days in succession, the City will not be ablet to maintain the proper pressures int the city nor have The City currently has 4,241 water customers which would project to a non-restricted water demand of 7.6 MGD at 1.25 GPM per connection. In addition, there are approximately 861 vacant platted lots in the City which can be developed in the near 9330LYNDONB.. JOHNSONF FREEWAY, SUITE 1225 DALLAS, TEXAS, 75243 TELEPHONE: (214)503-0555 TEXAS REGISTERED! ENGINEERING FIRMF-2827 TEXAS PROFESSIONALL LANDS SURVEYINGI FIRMF REGISTRATIONNO. 10116400  six (6) million gallons per day (GPD).  September of the year when hotter dryer weather occurs.  the ability to properly fight a fire should one occur.  TEXASF REGISTERED/ ARCHITECTURE FIRMNO. BR1360  Page 9 of13  26    Ms. Aretha Adams Manager City of Heath  Page2  future. These added houses would total 5,102 water customers with a demand of 9.2 MGD: at 1.25 GPM per connection. The impact of the additional 861 lots willl bet that in a given year, the City will begin to bump up to the six (6) MGD limit sooner each year, than it would have without the additional houses. Generally, ini the winter and when the rainy season sets in, the demand should stay below six (6) MGD with the additional 861 Wel have requested additional water from the city of Rockwall and nonei is available from their provider North Texas Municipal Water District (NTMWD). We have also discussed with NTMWD the possibility of taking more water in Rockwall and their indication is that Heath will need to get additional water from the south along the U.S. Hwy 80 corridor where! NTMWD also provides service to several water users. The City has hired Freeman-Millican, Inc. (FMI) to evaluate all possible options to purchase additional domestic water and lake water for irrigation purposes. This study is tol be completed in December 2023. Once a new source of water is determined, it will likely take 3+ years to obtain property, right-of-way, design, and construct facilities to Based upon the above information, we: recommend that no additional lots be approved within the City of Heath's CCN until the City has an opportunity to evaluate existing development standards and ordinances and make changes as necessary to reduce the Ifanyone has any questions regarding this information, please feel freet to contact me by  houses.  deliver additional water tot the City.  amount of water necessary for eachl loti ini thei future.  email or phone at charl@fm-dalas.com (214)503-0555, ext. 106.  Sincerely,  REEMAN-MILICAN, INC. hisalhams Richard. A. Dormier, P.E. Heath Contract City Engineer Cc: Kevin Lasher, Assistant City Manager Aaron Adel, City Planner  Page 10 of13  27    ATTACHMENT-B"  Permits Subject to Moratorium  Residential and Commercial New Construction Permit  Plumbing permits for new water taps and new meterinstallation (excluding  repairs for existing service) Fire Hydrant Meter Permits  New Irrigation Permits that install newi irrigation or expand current irrigation (excludingi irrigation repairs and backflow device replacements) Pool/Spa Pre-plaster Inspections and Pool Filling, but only when under Stage 2 or greater water restrictions; Trucking water in from outside of the City toi fill the pool is allowed during the moratorium and when under Stage 2 or greater water Residential and Commercial Conditional Use Permits with new or expanded Residential and Commercial Plats to Include: Preliminary Plats, Final Plats, Short Form Plats, Development Plats, Amended Plats, and Replats Board of Adjustment cases, such as variances, special exceptions and appeals, related to Property Development of Residential Property or Commercial Property  restrictions plumbing  with new or expanded irrigation. Residential Subdivision Variances  Burn Permits  Special Events Permits Involving Fireworks Permits not Subject to Moratorium  Approach/Sidewalk/Flatwork Permits (Residential and Commercial) Civil Engineering/Public Improvement Plan Review and Construction Permits  Commercial Auxiliary Building Permits Commercial Certificate of Occupancy Permits  Page 11 of13  28    Commercial Interior Finish Out Permits  Demolition Permits  Easement Encroachment Waivers  Electrical Permits Fence Permits Fence Variances  Fire Above Ground Storage' Tank Permits Fire Auto Alarm/Sprinkler Monitor Permits Fire Kitchen Hoods & Ansul System Permits Fire Sprinkler System Permit Fire Underground Fire Line Food Service Permits Foundation Repair Permits Grading Permits  Irrigation Repair and Backflow Device Replacement Permits  Lake Dredging Permits Lake Structure Permits  Lake Structure Erosion Control Permits Lake Vegetation Removal Permits  Lighting Permits Mechanical Permits OSSF Permits  OSSF Modification Permits Parking Variances  Page 12 of13  29    Plat Vacations  Plumbing Permits: Water Heaters, New, Repairs and Additional Plumbing Pool/Spa New Construction Permits not including pre-plasteri inspection & water filling Trucking water in from outside of the City to fill thej pool is allowed during thei moratorium and during Stage 2 or greater water restrictions Pool/Spa Repair Permits not including pre-plasterinspection and filling- Trucking water in from outside oft the City to fill thej pool is allowed during the moratorium and during Stage 2 or greater water restrictions  Residential Accessory Building Permits  Residential and Commercial Conditional Use Permits without new or expanded  plumbing  Residential Outdoor. Amenities Permits Residential Patio Cover Pergola Permits  Residential and Commercial. Addition/Remode. Permits  Retaining Wall Permits Right-of-Way Permits Roofing Permits Sign Permits Sign Variances  Olctration/Pandbil Permits Special Event Permits with no Fireworks Structure Moving Permits Window Permits Zoning Changes  Page 13 of13  30    2023-2024 Moratorium Waiver Submittal Schedule = City of Heath, Texas  Approved November 14, 2023  SUBMITTAL DATES APPLICATIONS ARE ACCEPTED ON THESE DATES ONLY BY 4:00 PM CDT. Mondays 12/4/2023 1/16/2024 2/20/2024  City Council Meeting @ 6:30 pm 200 Laurence Drive Heath, TX 75032 4th Tuesday of month (Except as noted) 12/12/2023 (2nd Tue) 1/23/2024 2/27/2024  The moratorium expires on March 13, 2024. See Ordinance No. 231114A.    City ofl Heath EXEMPTION REQUEST  FOR' THE MORATORIUM ON RESIDENTIAL ANDCOMMERCIAL DEVELOPMENT  HEATI.  This form must accompany all applications for the following permits, inspections, plats, and cases. Check all this request  applies to:  Residential and Commercial New Construction Permit  Plumbing permits FORI NEW WATER TAPS AND NEW METER INSTALLATION (excluding repairs for existing New Irrigation Permits thati install NEW IRRIGATION OR EXPAND CURRENT IRRIGATION (excluding irrigation Pool/Spa Pre-plaster Inspections and Pool Filling, but only when under Stage 2 or greater water restrictions; TRUCKING WATER IN FROM OUTSIDE OF THE CITY TO FILL THE POOL IS ALLOWED DURING THE MORATORIUM Residential and Commercial Conditional Use Permits WITH NEW ORI EXPANDED PLUMBING Residential and Commercial Plats to Include: Preliminary Plats, Final Plats, Short Form Plats, Development Plats, Board of Adjustment cases, such as variances, special exceptions and appeals, related to Property Development  service)  Fire Hydrant Meter Permits  repairs and backflow device replacements)  AND WHEN UNDER STAGE: 20R GREATER WATER RESTRICTIONS  Amended Plats, and Replats of Residential or Commercial Property Residential Subdivision Variances Special Events Permits INVOLVING FIREWORKS  Burn Permits  Property/Site Address or Legal Description: Rockwall CADI Property ID: Kaufman CAD Property ID: Owner Name: Owner Email: Contact Name: Contact Email:  Phone #: Contact Phone #:  Project name (i.e. Smith Residence):  EXEMPTION REASON: (Check the applicable reason(s) and provide additional details as required):  This is a "No Impact Project/Permit". There will be no new water service established, no new irrigation use or installation, and not fireworks involved. For pool inspections, water tot fill the pool must bet trucked in from outside the City during the moratorium if the City is under Stage 2 or greater water restrictions. Explain the permit or  project below.  32    This projecti is new construction on a vacant lot. Provide the name of the subdivision:, Describe the project below:  Providet the datei the plat was filed with Rockwall County or Kaufman County:  This project was "in progress" before the moratorium began. (See Chapter 245 of the Texas Local Government  Code).  Provide the DATE AND PERMIT TYPE of the FIRST application filed for this project:  Provide the DATE AND PERMIT TYPE oft the LATEST permit that allows continuance of this project:  Describe the project below:  Additional Information /Submittal Requirements:  This request may be submitted prior to or simultaneously with any permit application listed as subject toi the moratorium inA Attachment "B" to Ordinance No.231114A (the moratorium ordinance). Incomplete applications willl be returned toi the applicant. Failure to provide detailed or additional requested information to the Planning Director needed to make an  application will render the application incomplete.  Applicant Signature  Print Name  Date  OFFICIAL USE ONLY: Reviewed by:  Date completed applicationrecelved:  Approved:  Denied:  Date:  10/2023  33    City ofl Heath WAIVER REQUEST DEVELOPMENT  HEATI  APPLICATION FOR THE MORATORIUM ON RESIDENTIALAND COMMERCIAL  This form must accompany all applications for the following permits, inspections, plats, and cases. Check all this request  applies to:  Residential and Commercial New Construction Permit  Plumbing permits FORI NEW WATER TAPS AND NEW METER INSTALLATION (excluding repairs for existing New Irrigation Permits thati install NEW IRRIGATION OR EXPAND CURRENT IRRIGATION (excluding irrigation Pool/Spa Pre-plaster Inspections and Pool Filling, but only when under Stage 2 or greater water restrictions; TRUCKING WATER IN FROM OUTSIDE OF THE CITYTO FILL THE POOL IS ALLOWED DURING THE MORATORIUM Residential and Commercial Plats to Include: Preliminary Plats, Final Plats, Short Form Plats, Development Plats, Board of Adjustment cases, such as variances, special exceptions and appeals, related to Property Development  service)  Fire Hydrant Meter Permits  repairs and backflow device replacements)  AND WHEN UNDER: STAGE2 20 OR GREATER WATER RESTRICTIONS  Residential and Commercial Conditional Use Permits WITH NEW OR EXPANDED PLUMBING  Amended Plats, and Replats of Residential or Commercial Property Residential Subdivision Variances  Burn Permits  Special Events Permits INVOLVING FIREWORKS  Property/Site Address or Legal Description: Rockwall CADI Property ID: Kaufman CAD Property ID: Owner Name: Owner Email: Contact Name: Contact Email:  Phone #: Contact Phone #:  Project name (i.e. Smith Residence):  Waiver Reason (Check the applicable reason(s) and provide additional details as required):  Claiming a right obtained under a development agreement with the City (attach copy of thea agreement). Explain  the permit or project below.  34    Providing the essential public facilities (water service) that are the subject of the moratorium at the property owner's cost. Explain how the property owner will be providing its own water service. Also explain the permit or  project below.  Additional Information /Submittal Requirements:  This request may be submitted prior to or simultaneously with any permit application listed as subject toi the moratorium inA Attachment "B" to Ordinance No. 231114A (the moratorium ordinance). Incomplete: applications will be returned to the applicant. Failure to provide detailed or additional requested information to the Planning Director needed to make an  application will render the application incomplete.  Applicant Signature  Print Name  Date  OFFICIAL USE ONLY: Reviewed by:  Date completed application received:  Approved:  Denied:  Date:  10/2023  35    medjum  Remit Payments (with Acct! Number)to: Medium Giant, P.O. BOXE 660040, DALLAS, TX7 75266-0040  giant A MEDIA + MARKETING COMPANY  Order Confirmation/Invoice  Customer: Ad Order #: Sales Rep: NetA Amount: Payment Method: Ad Order#: 0001860021 Ad Number: 0001860021-01  CITYOF HEATH 0001860021 Max (Mert)7 Tezkol $508.90 Check/Money Order  Customer Account: POI Number: Order Taker: $0.00  100008768 Max (Mert) Tezkol Total Amount: $508.90 Amount Due: $508.90  Tax Amount: Payment Amount: $0.00  Color: AdContent  Ads Size: 3X30.00Li  NOTICE OFA A! PUBLIC HEARING ONTHE ENACTMENTOFAN MORATORIUM. ON THE ACCEPT TANCE, AUTHORIZATION, AND. APPROVALSI NECESSARY FOR RESIDENTIAL! AND COMMERCIAL PROPERTY DEVELOPMENTA CONSISTING OF THE. SUBDIVISION, REPLATTING, CONSTRUCTION. RECONSTE TRUCTION, OR OTHER ALTERATION OR IMPROVEMENT OF RESIDENTIAL AND PMMERCALPVIPISA. FORALLI POPIAYIESCURKENTLY RECEIVINGCIYOE HEATH WATER SERVICEA ANDALL PROPERTIES LOCATED WITHIN THE CITYOF HEATH'S CERTIFICATE OF CONVENIENCE AND NECESSITY CORDANCE WITH CHAPTER212, SUBCHAPTERE E UE THE TEXASLOCAL GOVERNMENT CODE. Notice is herebys given! thatt the Planning andZ Zoning Commission of the Cityof! Heath, Texas will holdas public hearing at ar meeting that begins af6:30 p.m. on Tuesday, November: 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. time, the BUBVET Hearing andr moratorium on the for residential and. çommercial property development, consisting of the subdivision, replatting, construction, ori improvement of residential and commerciall buildings, for all, properties currently reçeiving City of. Heath water. service and all properties located within the City of Heath's çertificate of convenience gnd neçessity, in accordance with Chapter 212, Subchapter Eoft the Texas Local Government Code. Run Dates Publish Date: 11/03/2023 Stop Date: 11/03/2023 Publish Date: 11/03/2023 Stop Date: 11/09/2023  andz Zoning on the  will conducta of a and approvals necessary or other alteration  Product Dallas! MorningN News DallasNews.com  PlacemenuClassification: Position LegalsE Bids Notices LNE BidsF Proposals LegalsE Bids Notices -LNE Bids Proposals  Page 1of1  36    medjum  Remit Payments (with Acct! Number)to: Medium Giant, P.O. BOXE 660040, DALLAS, TX7 75266-0040  giant A MEDIA + MARKETING COMPANY  Order Confirmation/Invoice  Customer: Ad Order #: Sales Rep: NetA Amount: Payment Method: Ad Order#: 0001860021 Ad Number: 0001860021-01  CITYOF HEATH 0001860021 Max (Mert)7 Tezkol $508.90 Check/Money Order  Customer Account: POI Number: Order Taker: $0.00  100008768 Max (Mert) Tezkol Total Amount: $508.90 Amount Due: $508.90  Tax Amount: Payment Amount: $0.00  Color: AdContent  Ads Size: 3X30.00Li  NOTICE OFA A! PUBLIC HEARING ONTHE ENACTMENTOFAN MORATORIUM. ON THE ACCEPT TANCE, AUTHORIZATION, AND. APPROVALSI NECESSARY FOR RESIDENTIAL! AND COMMERCIAL PROPERTY DEVELOPMENTA CONSISTING OF THE. SUBDIVISION, REPLATTING, CONSTRUCTION. RECONSTE TRUCTION, OR OTHER ALTERATION OR IMPROVEMENT OF RESIDENTIAL AND PMMERCALPVIPISA. FORALLI POPIAYIESCURKENTLY RECEIVINGCIYOE HEATH WATER SERVICEA ANDALL PROPERTIES LOCATED WITHIN THE CITYOF HEATH'S CERTIFICATE OF CONVENIENCE AND NECESSITY CORDANCE WITH CHAPTER212, SUBCHAPTERE E UE THE TEXASLOCAL GOVERNMENT CODE. Notice is herebys given! thatt the Planning andZ Zoning Commission of the Cityof! Heath, Texas will holdas public hearing at ar meeting that begins af6:30 p.m. on Tuesday, November: 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. time, the BUBVET Hearing andr moratorium on the for residential and. çommercial property development, consisting of the subdivision, replatting, construction, ori improvement of residential and commerciall buildings, for all, properties currently reçeiving City of. Heath water. service and all properties located within the City of Heath's çertificate of convenience gnd neçessity, in accordance with Chapter 212, Subchapter Eoft the Texas Local Government Code. Run Dates Publish Date: 11/03/2023 Stop Date: 11/03/2023 Publish Date: 11/03/2023 Stop Date: 11/09/2023  andz Zoning on the  will conducta of a and approvals necessary or other alteration  Product Dallas! MorningN News DallasNews.com  PlacemenuClassification: Position LegalsE Bids Notices LNE BidsF Proposals LegalsE Bids Notices -LNE Bids Proposals  Page 1of1  37    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.b  Item:  Case No. CUP-2023-06: Conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, S 159.21 (B)(14) to allow a detached residential garage: ini the (SF-43) Single Family Residential District and grant a variance to $ 159.21 (B)(14)(c) Maximum Combined Floor. Area for Accessory Buildings and Dwelling Units of 4,500 square: feet to permit a Combined Floor Area of4,538 square feet on 5.03 acres ofl land described as Lot 1, Blocki, Pittman Addition and addressed as 210 Rush Creek Drive. (Rockwall CAD No. 54305)  Applicant: Joseph & Trisha Cutcher Owners: Joseph &' Trisha Cutcher Current Zoning:  (SF-43) Single Family Residential District Requested Zoning Amendment:  (SF-43) Single Family Residential District with Conditional Use Permit  Background:  This case pertains to an existing detached residential garage constructed without aj permit on property at 210 Rush Creek Drive. Thej property: measures 5.03 acres and contains three regulated structures: a primary dwelling, an accessory dwelling, and the subject accessory detached residential garage. The property owners use thel building primarily to support their sailing hobby. There are: no living quarters in the garage. See the applicant's reason for the request explained in the attached document. According to the accessory structure regulations ini the SF-43 District (Heath Code of Ordinances, Section 159.21 (B)(14)), properties measuring more than 5 acres are allowed upt to: four (4) accessory structures with ai maximum combined floor area of4 4,500 SF. This subsection also requires a Conditional Use Permit (CUP) for all detached garages and tos grant a variance for any accessory structure that does  38    not conform to any of the areai requirements. The applicant requests approval ofa CUP to:  1. Permit the detached garage: a 2,400 SF steell building. The size, height, and location oft this 2. Alloway variance to the maximum combined floor area of 38S SFto allow a combined floor areai for  building conform to the requirements of 159.21. the guesthouse and detached garage of 4,538 SF.  Public Notification:  Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to neighbors within 500 feet on October 26, 2023. Four (4) responses were: received ini favor; one  from the applicant. Noi responses were received in opposition.  Board/Commission Comments: recommended approval unanimously. Financial Impact: Legal Impact:  The Planning and Zoning Commission considered this application on November 7, 2023 and  Comprehensive Plan Impact: Compliance Summary:  The existing garage was constructed without a CUP. This action does not conform to $ 159.21 (B)(14). The existing garage conforms to S 159.21 (B)(14)(b) and S 159.21 (B)(14)(d)-g) regulating number of accessory buildings, size for a single accessory structure, building height, setbacks, and building  separation.  The existing garage does not comply with $ 159.21 (B)(14)(c) that limits the maximum combined: floor area for all accessory buildings to 4,500 SF.A variance of 38 SF is required toj permit the structure: as constructed. S 159.21 (C)(2) allows accessory buildings that do not conform toi the requirements in S Per S 159.43 (D), the City Council may permit a conditional use: after review and recommendation by the Planning and Zoning Commission subject to appropriate conditions and safeguards when the Council  159.21 (B)(14) with a CUP granting the variance.  finds:  That the proposed use: meets all the minimum standards established in this subchapter and other That the proposed use meets thei intent of the district in which iti is located, and is in accordance  applicable ordinances; with the comprehensive plan; and  39    That thej proposed use will not be detrimental to thel health, welfare and safety of thes surrounding neighborhood ori its occupants, nor by substantially or permanentlyinjurious tot thei neighboring  property.  Per S 159.43 (G)(5), the Planning and Zoning Commission and City Council may impose additional restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects  oft the proposed use. These requirements mayi include, but are not limited to,  Increased open space, Loading and parking requirements, Suitable landscaping, and  Additional improvements such as curbing and sidewalks.  Attachments:  CUP-2023-06 2101 Rush Creek Pictures.pdf CUP-2023-06 210 Rush Creek Site Plan.pdf CUP-2023-06 210 Rush Creek. Application.pdf CUP-2023-06 210 Rush Creek Reason For Request.pdf CUP-2023-06 2101 Rush Creek Steel Building Plans.pdf CUP-2023-06 2101 Rush Creek Vicinity. Map with Responses.pdf DRAFT Ord 231114B CUP for Detached Garage at 210 Rush Creek Drive.pdf  40    CUP-2023-06 210 RUSH CREEK DRIVE    41    1529E-30,STE.1 103 GARLAND, TEXAS 75043 FIRM REGISTRATION NO. 10194366  SURVEY PLAT  BURNS SURVEYING  BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090 210 Rush Creek Drive, in the City of Heath, Texas. CABINET E, SLIDE 35, MAP RECORDS, ROCKWALL COUNTY, TEXAS.  This is to certify that I have, this date, made a careful and accurate survey on the ground of property located at BEING LOT 1, BLOCK 1, PITMAN ADDITION, AN ADDITION IN THE CITY OF HEATH, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN  LOT1,B BLOCK THE MONEY ADDITION CAB. H, SLIDE 160 (PLAT S 89:39'45"E) N. 89:38'36". 380.06'0.2, 10.3'X12.2' STONE ON CONC. FIREPLACE STONE TWO STORY STONE (210)  351.09' -o.0  0.3 RETAINING  AE  40.0'  15.5'  248.7'  26.8 DEAL  TRANSFORMER GRAVEL  0  POND  1 31196 SQ.FT.  STONE  WOOD DECK  .1"  POND  r5.0  (CM)  S 89'57'46" W 380.07' (PLAT N_89'2100"w) RUSH CREEK DRIVE  8.7  THIS CERTIFIÇATION DOES NOT TAKE INTO CONSIDERATION ADDITIONAL FACTS THAT ACCURATE TITLE SEARCH AND OR EXAMINATION MIGHT DISCLOSE. BEARINGS ARE BASED ON NAD 83_DATUM, TEXAS STATE SYSTEM. NORTH CENTRAL ZONE The plat hereon is true, correct, and accurgte representation of the determined by survey, the lines and dimensions of property being indicated by the plat: size, location and type of building and shown, vements being within the the property, set back property lines the distance or visible and apparent easements. mr ANDA ABSTRACTING THERE ARE NO CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN. Scale: 1"=60 USE OF SURVEY FOR ANY OTHER PURPOSE Date: 06/07/2023 OR OTHER PARTIES SHALL BE AT THEIR RISK AND G.F. No.: N/A ANY LOSS RESULTING IS NOT RESPONSIBLE TO OTHER FOR Job No.: 202304764 THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR JAY CUTCHER Drawn by: ADV  ACCEPTED BY: DETAILIS NOT OSCALE 29.0' STORY 3 FRAME L8  LEGEND # FOUND ALGNS DIGNIY FOUND  BY  42    CONDITIONAL USE PERMIT APPLICATION  APPLICANT: Joseph & Tricia Cutcher 210 Rush Creek Drive Heath,TX 75032  OWAERIFDIFPERENT:  Name (printed): Mailing Address:  Telephone Number: 214-552-6990 Cay).940-597-3324 (Tricia)  Email Address:  ycuscherehoamilcom. triciacuceher@gmailcom.  ADDRESS OF PROPERTY INVOLVED: 210 Rush Creek Drive, Heath TX: 5032 Abstract, and Address. Attach a separate page for metes and bounds descriptions.  LEGAL DESCRIPTION OF PROPERTY INVOLVED: Include Lot, Block, Subdivision Name, Survey,  PITMAN ADDITION, BLOCK 1,LOT1  Survey is attached  CURRENTZONINGOFTHEPROPERTY: SF-43 COUNTY CAD PARCEL IDNUMBER: 54305  APPLICABLE CODE REFERENCE establishing the need for a CUP: $ 159.21 (Table (B)(14) REASON FOR REQUEST: Include the type of conditional use requested, dimensions, materials, and variance to code. Attach a separate sheet if necessary and include supporting documentation in the Required Items Checklist. Refer to thel Heath Code of Ordinances, 8 159.43 Conditional Use Permits at  htps/codelibanyamlegplcmenheatlilateslovenview:  See Attached "CUP - Reason For Request_210 Rush Creek"  IS THIS A CONDITIONAL USE PERMIT RENEWAL APPLICATION7 If yes, what was the  Ordinance number creating the CUP and the expiration date?  Ordinance No. N/A  Expiration. Date: N/A  Community! Development, 200Laurencel Drive, Heath, TX 75032 (972)961-48831 www.heathtx.com  Revised 2023  43    REQUIRED ITEMS CHECKLIST:  DIMENSIONED SITE PLAN showing:  Property boundaries - Attached as part of survey Location and size of all structures Attached as part ofs survey Distance between structures Attached as part of survey Distance to thej property line Attached as part of survey Building setbacks - Attached as part of survey  Other prominent features oft the property - Attached as part of Survey  NA Letter of approval from the neighborhood Homeowner Association  Elevations (photos or renderings) for existing and proposed structures Attached  Notice of Public Hearing will be publishedi int thel Dallas Morning News, on the city website, and mailed to neighbors within 500' of the subject property describing the proposed action and requesting public The CUP review and approval process takes approximately 60 days from the application deadline. Thel Planning andZoning Commission and City Council will conduct publichearings: and act on this application.. Aj projectrepresentative: must attend thel Planning and Zoning Commissionn meeting and the City Counciln mectingtotestilyandanswerquestions fromthel CommisionandCounel.  input. A zoning change sign will also be placed in the property's front yard.  APPLICANT OWNER SIGNATURE:  Cudcher  SIGNATURE:  DATE: 09/12/23 DATE: 09/12/23  Pa  CITY OFFICE USE ONLY: Fees paid $ P&Z Hearing Notice Published & Mailed (10 days prior): P&ZI Public Hearing: City Council Notice Published (15 days prior): City Council Public Hearing:  Check #  CC  Cash  Community! Development, 200Laurencel Drive, Heath, TX 75032 (972)961-4883 www.heathtx.com  Revised 2023  44    210 Rush Creek Conditional Use Permit  REASON FOR REQUEST:  We're asking for a CUP tol build a 2400 sq/ft multi-function steel building. Dimensions are 40'x60'. Colors and landscaping around building will follow same: scheme asi rest of property and allow fori it tol be an: asset to our propertymeghborhood instead of an eyesore. The uses for this building willl be for our hobby of sailing (i.e. repairs to sails and small sailboats). We: also would like aj place toj park an RV or 5th wheel out of the elements if/when we buy one. Finally, our guest house is thei future home of my wife's] parents and an enclosed  parking space is one item they really desire before moving in with us.  VARIANCE to Zoning  Current zoning allows for 4500 sq/ft of combined sq ft for Accessory Building(s). Wel have: 3718 of enclosed accessory space, sO did not think a variance wasi needed, but we have 820 sq/ft of covered patios associated with our accessory buildings. This means we have 4538 sq/ft under roof (3718 sq/ft enclosed + 820 sq/ft  covered patios = 4538: sq/ft). We: are requesting a variance of 38 sq/ft.  TABLE (B)(14) (d) Accessory f.2  (a) Lot/ Tract Size (acres)  (b) Maximum Numberof Combined Floor as Single Accessory Buildings Allowed per Lor3 Accessory  (c) Maximum, Maximum: Sizet for Maximum Area Allowed" (AII Structure (sq. Buildings/ Dwelling Units (sq.ft.) 1,000 1,500 3,500 4,000 4,500  (e) (R.4  () Setback from Primary Residence (A.5  (g) Minimum other Buildings (ft.)  Building Height Reark Facade of Separation from  1to<2 2to<3 3to<4 4to<5 5tos75  1 2 3 3  900 1,200 2,5003 3,0003 3,5003  25 25 25 25 30  25 25 30 35 45  20 20 20 20  Attached Documents: Survey  Buildingl Plans and Elevations  45    COLUMN, TYP.  5'-0" 2  THROUGH DOOR  8'-0" HIGH ROLL- UP DOOR  ROLL UP DOOR HIGH  12'-0" ROLL HIGH  8X4X1/4 COLUMN, TYP. 5'-0"  +29'-8"  FLOOR PLAN ARCH. REF. : NA    FAE  THIS  GEJ 10'-0"  60'-0"  GUTTER  ROOF PLAN ARCH. REF.: NA    22'-0" 16'-0"  13'-6"  RIGHT SIDE ELEVATION ARCH. REF. : NA  22'-0" 16'-o"  131-6"  LEFT SIDE ELEVATION ARCH. REF.: NA    16'-0"  FRONT ELEVATION ARCH. REF.: NA  '-0"  13'-6"  REAR ELEVATION ARCH. REF.: NA    8'-0"  3/4:12 SLOPE  5'- S-8 1-o- 11-o  40'-0"  ROOF FRAMING PLAN ARCH. REF. NA    58"  TYP. BUILDING SECTION ARCH. REF.: NA    MEADOWS 33099  50917  660350  33100 AMESDR  66086  66037  SIEEWAIERESIAES 66033  210 Rush Creek Drive 64805  62160  GEATHDR 057  66032  Rushcreckp  RUSHIGREEKDB  32578  32587 32586 32585 32584 32583 2582 32580  ANGHCREESEWO  32576  500' Notification Boundary  N  In Favor:  Not in Favor:  VICINITY MAP (Not to scale) *  Case No. CUP-2023-06:  Conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, S 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to S 159.21 (B)(14)(c) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of 4,500 square feet to permit a Combined Floor Area of 4,538 square feet on 5.03 acres of land described as Lot 1, Block 1, Pittman  HEATH  Addition and addressed as 210 Rush Creek Drive.  (Rockwall CAD No. 54305)  52    PITMAN ADDITION, BLOCK 1,LOT1 1,ACRES5.03  CITYOF HEATH, TEXAS  Notice of Publicl Hearing Before the Planning & Zoning Commission  Notice of Publicl Hearing Before the City Council  VEATM  Notice is hereby given that the Planning and Zoning Commission of the City of Heath, Texas will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday,November 7,2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the request and the recommendation of the Planning and Zoning Commission will be considered by the City Council of the City of Heath, Texas at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence Dr.,] Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the reviewing body, At such time, the Planning and Zoning Commission and City Council will conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to $ 159.21(B)(14)) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of4,500 square feet to permit a Combined PROPERTY DESCRIPTION: 5.03 acres ofl land described as Lot 1, Block 1, Pittman Addition, and addressed  which may affect the date of final action.  Floor Area of 4,538 square feet. (Case No. CUP-2023-06)  as 210 Rush Creek Drive, City ofHeath, Rockwall County, Texas. A map of  the property is attached. (Rockwall CAD No. 54305)  Thisnotice may alsol be downloaded from the City ofHeath website at htp-/wwwheahu.comgovemmenepublic-  notices'. Interested citizens are invited to attend the public hearing and participate in the same.  REQUEST FOR PUBLICI INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City of Heath as directed below. Thank you!  Check one:  d 1 Iam in favor of the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  Please return this form to: City of Heath ATTN: Aaron Adel Heath, Texas 75032 Ors scan and email to: aadel@heatnt.com Thank, you! Cityo of Heath, Texas  Signature: Name  Cutchey  75032 200 Laurence Drive  Address: 210 Rush GTEAK Hpqth Phone/Email Address (optional): 21H-552-6740  R  JOSEPH WEMPLE. & TRICIA NICHOLE CUTCHER  2101 RUSH CREEKI DR HEATH, TX 75032  53    DICUS ADDITION, BLOCK1 1,LOT 1,ACRES4.64  CITY OF HEATH, TEXAS  Notice of] Public Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Planning and Zoning Commission of the City of Heath, Texas will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the request and the recommendation of the Planning and Zoning Commission will be considered by the City Council of the City of Heath, Texas at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the reviewing body, At such time, the Planning and Zoning Commission and City Council will conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, S 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to $ 159.21 (B)(14)(c) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of4,500 square feet toj permit a Combined PROPERTY DESCRIPTION: 5.03 acres of! land described as Lot 1, Block 1, Pittman Addition, and addressed  which may affect the date of final action.  Floor Area of4,538 square feet. (Casel No. CUP-2023-06)  as 210 Rush Creek Drive, City of Heath, Rockwall County, Texas. A map of  the property is attached. (Rockwall CAD No. 54305)  This notice may also be downloaded fromi the City ofHeath website at tpwwwcalt.comgovemmenepuoce  notices/. Interested citizens are invited to attend the public hearing and participate in the same.  REQUEST FOR: POUBLIC INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofHeath as directed below. Thank you!  Check one:  Mi am in favor of the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate. sheet as needed.)  Signature: 136p Name (printed): Brian Dicus  Please return this form to: City of Heath ATTN: Aaron Adel 200 Laurence. Drive Heatl, Texas 75032 Orscan and email to: aadel@heatht.com Thank you! City of Heath, Texas  Address:  220 Kvh Luk f.Henl 7m72  Phone/Email Address (optional): (214)083-4324  BRIAN G & VALIVDICUS 220 RUSH CREEK DR HEATH, TX 75032  54    ANCHOR BAY-PHASE THREE, BLOCK B, LOT1 16  CITY OF HEATH, TEXAS  Notice ofPublic Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Planning and Zoning Commission of the City of Heath, Texas will hold a public hearing at a meeting that begins at 6:30 p.m. on Tedy,Sonemkr7.03, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the request and the recommendation of the Planning and Zoning Commission will be considered by the City Council of the City of Heath, Texas at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the reviewing body, At such time, the Planning and Zoning Commission and City Council will conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to $ 159.21 (B)(14)(c) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of4 4,500 square feet toj permit a Combined PROPERTY DESCRIPTION: 5.03 acres of land described as Lot 1, Block 1, Pittman Addition, and addressed  which may affect the date of final action.  Floor Area of 4,538 square feet. (Case No. CUP-2023-06)  as 210 Rush Creek Drive, City of Heath, Rockwall County, Texas. A map of  the property is attached. (Rockwall CAD No. 54305)  Thisnotice may also be downloaded from the City ofHeath website at tpwwwcAlk.comgovermmentpuolice  notices/. Interested citizens are invited to attend the public hearing and participate in the same.  REQUEST FOR PUBLIC: INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofl Heath as directed below. Thankyou!  Check one:  54I am in favor oft the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  fhewr Ropely IS pewtR  SO well naintaved!  Signature: Name (printed):  Please return this form to: City of Heath ATTN: Aaron Adel 200. Laurence Drive Heath, Texas 75032 Ors scan and email to: aadel@heatht.com Thank. you! City ofHeath, Texas  E  Address: 217 Rush Cyreek Phone/Email Address (optional): 949)235-634  ERNIE & ELIZABETH RAMIREZ 217 RUSH CREEK DR HEATH, TX 75032  55    ANCHOR BAY-PHASE THREE, BLOCK B, LOT 14  CITY OF HEATH, TEXAS  Notice ofl Public Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Planning and Zoning Commission of the City of Heath, Texas will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the request and the recommendation of the Planning and Zoning Commission will be considered by the City Council of the City of Heath, Texas at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence. Dr., Heath, Texas. Pleasel Note: Public Hearings may be tabled from time to time by the reviewing body, At such time, the Planning and Zoning Commission and City Council will conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, $ 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to $ 159.21( (B)(14)(c) Maximum Combined Floor Area for Accessory Buildings and Dwelling Units of4,500 square feet to permit a Combined PROPERTY DESCRIPTION: 5.03 acres of land described as Lot 1, Block 1, Pittman Addition, and addressed  which may affect the date of final action.  Floor Area of4,538 square feet. (Case No. CUP-2023-06)  as 210 Rush Creek Drive, City of Heath, Rockwall County, Texas. A map of  the property is attached. (Rockwall CAD No. 54305)  Thist notice may also be downloaded from the City ofHeath website at tp-www.ncalit.comgovemmentpubic-  notices/. Interested citizens are invited to attend the public hearing and participate int the same.  REQUEST FOR PUBLICINPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City of] Heath as directed below. Thank you!  Check one:  Iam in favor of the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  Signature: Name (printed): Address:  Please return this form to: City ofHeath ATTN: Aaron Adel Laurence 200 Drive Heath, Texas 75032 Or scan and email to: aadel@heatht.com Thank you! City ofHeath, Texas  EE  273 Rwsk CPeeK Dr.  Phone/Email Address (optional): 214-652-0522  KELLY L & THOMAS M LEE 2131 RUSH CREEK DR HEATH, TX 75032  56    CITY OF HEATH, TEXAS ORDINANCE NO. 231114B  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEATH, TEXAS, AMENDING CHAPTER 159, ZONING, OF THE CODE OF ORDINANCES, AS HERETOFORE AMENDED TO GRANT A CONDITIONAL USE PERMIT FOR THE CONSTRUCTIONOFADETACHEDGARAGEMIEASURING2,400 SQUARE FEET ON LOT 1, BLOCK 1, PITTMAN ADDITION, ADDRESSED. ASZ10RUSHICREEK DRIVE(THEPROPERTY),AS REQUIRED BY SECTION 159.21(B)(14) THAT REQUIRES A CONDITIONALUSE PERMITFORADETACHEDGARAGEON LOTS IN THE (SF-43) SINGLE-FAMIIY RESIDENTIAL DISTRICT, AND GRANT A VARIANCE TO SECTION 159.21(B)04)(C) MAXIMUM COMBINED FLOOR AREA FOR ACCESSORY BUILDINGS AND DWELLING UNITS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING ADOPTION AT A PUBLIC MEETING; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS AND THAT A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAYOF VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an application for a Conditional Use Permit has been submitted by JosephandTrisha Cutchers, owners ofLot1, Block1, Pittman Addition, addressed as: 210 Rush Creek Drive (The Property), as required by Section 159.21(B)(14) that requires a Conditional Use Permit for a detached garage on lots in the (SF-43) Single-Family  Residential District; and  WHEREAS, a Conditional Use Permit is required to grant a variance to Section 159.21(B)(14)) to allow a Maximum Combined Floor Area for Accessory Buildings and Dwelling Units greater than 4,500 square feet to permit a combined floor area of 4,538  square feet on property depicted in Exhibit "A," attached hereto; and  WHEREAS, the proper notices having been given, public hearings having been held, where interested parties were given the opportunity to provide comment, and all requirements ofthel laws oft the State ofTexas having been met, the Planning and Zoning Commission considered the application for the requested Conditional Use Permit, and has recommended approval oft the detached garage as constructed and shown in the plans  and elevations depicted in Exhibit "B," attached hereto; and  WHEREAS, the City Council of the City of Heath, Texas, in compliance with the lawsofthe State ofTexas and the ordinances ofthe City ofHeath, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and  57    situated ini the affected area and in thevicinityt thereof, the governing bodyi in the exercise of its legislative discretion has concluded that Chapter 159, Zoning of the City of Heath Code of Ordinances be amended to approve a Conditional Use Permit for thel Propertyin  accordance with thet terms of this Ordinance; and  WHEREAS, the City Council has determined that the use for which the Conditional Use Permit is being granted allows the compatible and orderly development of the Property and is a use for which a Conditional Use Permit is allowed in the  Agricultural Zoning District under the City's Zoning Code.  NOW, THEREFOREBEITORDAINED BYTHE CITYCOUNCILOFTHE  CITY OF HEATH, TEXASTHAT:  SECTION1. reference. SECTION2.  Incorporation of Premises.  Itisl hereby officially determined that thei findings and recitations contained above in the preamble of this Ordinance are true and correct and are incorporated herein by  Amendment.  That Chapter 159, "Zoning," of the City of Heath Code of Ordinances as heretofore amended, and the same is hereby further amended to grant a Conditional Use Permit on the Property described as Lot: 1, Block 1, Pittman Addition, addressed as 210 Rush Creek Drive (The Property), described more specifically in Exhibit "A," attached hereto and incorporated herein, for the construction of a detached garage measuring 2,400 square feet as required by Section 159.21(B)(14), subject to the provisions of the Zoning Code of Heath as amended from time to time, and as permitted by this Conditional Use Permit substantially as shown in the plans and elevations depicted in Exhibit "B," a copy of  which is attached hereto and incorporated herein.  SECTION3-  Severability Clause.  Itis hereby declared by the City Council that if any of the sections, paragraphs, sentences, clauses, phrases, words, or provisions of this Ordinance should be declared unconstitutional or otherwise invalid for any reason, such event shall not affect any remaining sections, paragraphs, sentences, clauses, phrases, words, or provisions of this  Ordinance. SECTION4.  Cumulative Repealer Clause.  This Ordinance shall be cumulative of all provisions of ordinances of the City except where thej provisions ofthis Ordinance arei in direct conflict with the] provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby  repealed. SECTION5.  Public Meeting.  58    Iti is hereby officially found and determined that the meeting at which this  Ordinance was passed was open to the public as required by law.  SECTION6.  Penalty. Any person, firm or corporation violating any provision  oft this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, in the municipal court ofthe City of Heath, Texas, shall bej punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense.  SECTION7.  Effective Date.  This Ordinance shall be in full force and effect immediately upon its passage and PASSED AND APPROVED by the City Council of the City of Heath, Texas, this  publication oft the caption, as thel law and Charter in such cases provide.  24rd day ofJanuary 2023. ATTEST:  APPROVED:  Norma Duncan, City Secretary APPROVED ASTO FORM:  Kelson Elam, Mayor  Wm. Andrew Messer, City Attorney  59    EXHIBIT"A"  5090  AMESDE  660337  SIEWAESESANES 66085  305  Rush  RUSHIGREEKDR  ASEWWO  500' Notification Boundary  N  VICINITY MAP (Nott tos scale)  Case No. CUP-2023-06:  Conduct a Public Hearing and act on an application for a Conditional Use Permit as required by the Heath Code of Ordinances, S 159.21 (B)(14) to allow a detached residential garage in the (SF-43) Single Family Residential District and grant a variance to S 159.21 (B)(14)(c) Maximum Combined Floor. Area for Accessory Buildings and Dwelling Units of 4:500 square feet to permit a Combined Floor. Area of 4,538 square feet on 5.03 acres of land described as Lot 1, Block 1, Pittman  HEATH  Addition and addressed as 210 Rush Creek Drive. (Rockwall CAD No. 54305)  60    EXHIBIT "B" (Pagelof4)  61    EXHIBIT"B" (Page2of4)  62    EXHIBIT"B" (Page3of4) LoT 1, BLOCK 11 THE MONEY ADOMTON ÇAB. H. SUpE 160 (PLAT $ 8939'45) N.89:3836E 380.06'02. 10.3x12-2 FRAME SHED STONE ON CONC, FIREPLACE STONE TWO STORY POOL STONE 210)  351.09  -oo  0.3  40.0 $ - 40.0    STONE RETAINING WALL  15.5:  248.7  26.8  TRANSFORMER PAD 5.97.8 STONE NO CONC,  GRAVEL  LOT 1R STELLWATER ESTATES CAB. G. SLIDE 220 P.R.R.C.T.  POND  LOT 1, BLOCK pacus ADPITION AB.FSUDE 129 P.RR.C.T.  BRIDGE STONE  1 219,194 SO.FT. 5.03AC  24.9  STONE  wo0p DECK  1.1  POND  30BL $ 89'57'46" W 380.07 (PLAT N 89'21'00w) RUSH CREEK DRIVE  36.9 17 (CM) BINLET  0.2  -  63    EXHIBIT"B" (Page 4of4)  CUP-2023-06 210 RUSH CREEK DRIVE  64    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.c  Item:  Case No. ZA-2023-05: Conduct a Public Hearing and act on an application to change the zoning classification of] property addressed as 6717 SI FM 549 and further described as' Tract 15, A. Rodriguez Survey, Abstract 231, City ofl Heath, Rockwall County, Texas, and aj portion of] property addressed as 200 Bevan Circle and further described as portion ofTract 37-01, A. Rodriguez Survey, Abstract 230, City of Heath, Rockwall County, Texas from (A). Agricultural District to (PD-SF) Planned Development for (SF- 43) Single Family Residential Uses and createi thel Hall Estates Residential Planned Development containing sixteen (16) single-family residential lots on 19-32 acres ofland. (Rockwall CAD] No. 12922  and al Portion of 12972) Applicant: Michael Ryan Joyce Owners:  Carol. Ann Yardley and Allen TI Dowell  Current Zoning: (A). Agricultural District Requested Zoning Amendment:  (PD-SF) Planned Development for SF-43 Single Family Uses. See attached Planned Development  Standards. Background:  The Hall Estates Planned Development contains 19.32 acres divided into 16 single-family residential lots and one detention area/common area. All residential lots contain at least 1.0 acres of net developable The attached Planned Development Standards provide a description of the characteristics proposed  land. including: 1. Permitted Uses  65    2. Lot Composition and Layout 3. Density: and Dimension Requirements 4. Building Standards 5. Fencing Standards 6. Landscape and Hardscape Standards 7. Streets 8. Lighting 9. Sidewalks 10. Buried Utilities 11. Open Space 12. Neighborhood Signage 13. Drainage Standards 14. Homeowners. Association  Please Note: The applicant provided the revised concept plan, revised survey, and revised legal description attached below to replace the concept plan, survey, and legal description  included in the attached Planned Development Standards.  Components oft the PD that exceed City of Heath Code of Ordinance requirements include:  Lot Size: There are: nol lots smaller than 1.0 acres buildable area.  $159.28 (PD) PLANNED. DEVELOPMENTI DISTRICTallous an average density ofone acre with no lots smaller than 1/2 acre. Lots less than 3/4 shall constitute: no more: than 5%0 oftotal number oflots. Lots between, 3/4 acre and one acre: should constitute noi more  than. 15% ofthet total number oflots.  100% masonry: requirements. Minimum roof pitch of 5:12. Gutters required on all dwellings. Drought resistant plant materials  Irrigation systems promoting water conservation. Tree planting in the front, rear, and side yards ofa alll lots.  The staff Development Review Committee (DRC) reviewed the application and provided comments to the applicant. All DRC comments are addressed ini the Planned Development Standards attached. Following rezoning, aj preliminary plat, final plat, and public improvement construction plans are required to create this subdivision. At that time, the applicant will demonstrate how the neighborhood will connect toi the city's water and sanitary sewer system and comply with all engineering design  standards.  Sanitary sewer: is available toi the sitei from a 10" line at Dennis Bailey and 549. Water is available to the site. There are multiple water service. lines in the vicinity: 12" and 8" lines ati the intersection ofl Dennis Bailey and 549 and a 12" line along the opposite side of5 549. The applicant's engineer will propose the best solution fori thes sitei tol be reviewed by the City Engineer ini the construction plans submitted with the The Concept Plan depicts al long cul-de-sac with multiple bulbs. This street concept may require a variance to the City's Engineering Standards of Design. This determination will bei made when a  final plat.  dimensioned preliminary plat establishes the length, width and radii.  66    In accordance with the Tree Preservation Ordinance in S 158.35 - 158.48, a treescape plan and mitigation plan will be required with the preliminary plat ofthis subdivision.  Public Notification:  Notice of Public Hearing was) published ini the Dallas Morning News, posted on the city website, and mailed toi neighbors within 500' on October 26, 2023. The city has received six (6) responses: two (2)in  favor, three (3) opposed, and one expressing neither favor nor opposition.  Board/Commission Comments:  The Planning and Zoning Commission considered this application on November 7, 2023, and  recommended denial with a 6:0 vote with Commissioner Rask abstaining.  Financial Impact:  In accordance with Appendix I, Parkland dedication and Park Development Fees (Ordinance: No. 180327B), the following fees will be required prior tot the filing oft the final plat at the courthouse.  Fee-In-Lieu ofLand Dedication: $2,246.94 per Dwelling Unit Park Development Fee: $1,293.19 per Dwelling Unit Total Park] Fees: $3,540.13 per Dwelling Unit Total Park Fees for 16 Dwelling Units: $56,642.08  Legal Impact:  Zoning and subdivision regulations compatibility is required before approving aj preliminary plat ori final plat. Approval ofaj plat that conforms to the zoning and subdivision regulations is aj ministerial function  regulated by the Texas Local Government Code' "Shot Clock".  Comprehensive Plan Impact:  The: 2018 Comprehensive Plan's Future Land Use Plan designates this property: for rural estates land use. The characteristics oft the proposed Planned Development conform to thei rural estates definition:  Large-lot, single-family residential development Overall minimum of1 acre. lots Compatible Zoning Districts: Agriculture, SF-43, SFE-3.0  According to the Land Use Strategy, when a development proposal is submitted and involves ai rezoning, the city can determine whether the requested rezoning is appropriate and consistent withi the City'si ideals  of quality and sustainability by answering the following questions: Does the development provide something unique for Heath?  Ist the development within walking distance to public uses, parks, and open spaces? Does the development provide off-street pedestrian and bicycle connections to existing and future How does the development proposal impact the city fiscally - tax revenue, infrastructure, public How does the development respect environmentally significant areas like floodplains - are these Ensure that the proposed development is ofat type and quality that will be acceptable fori thel long- term, especiallyi ifimmediate development oft thej propertyi is noti intended to occur upon the  development?  services, and other public considerations (such as parks, schools, etc.)?  areas used as an amenity?  67    granting oft the proposed rezoning.  These questions provide guidelines for applying thei measure of discretion allowed ini the city's  Ordinance.  Compliance Summary:  The proposed zoning change complies with the 2018 Comprehensive Plan.  The proposed zoning change complies with the area requirements and permitted usesi ini the SF-43  District in S 159.21. Area Requirement Maximum Main Dwelling/Lot Minimum Lot Width Minimum Lot Depth Minimum Front Yard Setback Minimum Side Yard Setback Minimum Side Yard. Adjt to Street Minimum Length ofl Driveway Maximum Height Minimum Rear Yard Setback Minimum Area/Dwelling Unit Maximum Lot Coverage Permitted Encroachment into Required Setbacks Minimum Lot Size (SF)  (SF-43) Single Family Residential District Standards  Planned Development Standards  1 100' 175' 50' 15" 30' 50' 35' 25' 3,200 SF 35% 175' 43,560  1 100' 175' 50' 15' 30' 50' 35' 25' 3,200 SF 35% Allowed 43,560  Thej proposed zoning change complies with the PD District standards in S 159.28.  According to the Zoning Ordinance, S 159.05, Purpose oft the Use Districts: The purpose of the zoning districts is to group together uses that are: reasonably compatible with one another according tot their A. Toj permit, in connection with these uses, those customary and necessary accessory activities which B. Toj permit certain other uses which may be established in some situations and subject to specific conditions sO that the special uses will alsol be compatible with thei uses allowed as a matter of C. Toj promote orderly, timely, economic growth and to recognize current land-use conditions; D. Toj provide sufficient space in appropriate locations for development to meet the present and future E. Toj protect use areas, as far as possible, against heavy and unnecessary through traffic; F. Toj protect use areas against pollution, environmental hazards, and other objectionable influences; G. Toj protect use: areas against congestion, as far as possible, by managing the density of] population in and around them; by providing for proper off-street parking spaces; and by providing open areas  normal characteristics of operation: are: incidental to the principal use;  right;  growth needs oft the city, with allowance for adversity ofs sites;  68    for rest and recreation and tol break the monotony of continuous building bulk, thus providinga H. Toj provide for privacy and access ofl light and air to windows and to all devices that are powered or healed by the sun, as far as possible, through controls over the spacing and height ofbuildings and I. Toj promotei thei most appropriate use ofl land and direction ofl building development which is not in conflict with the Comprehensive Plan ort the adopted policies oft the city; toj promote stability of development; toj protect the character oft the districts; to conserve the value ofl land and buildings; K. Toj protect against fire and explosions and other safety hazards, and toj provide for fire protection L. Toaccommodate: use activities and operations whose external physical effects are: restricted toi the area oft the district, and in no: manner affect in a detrimental way any oft the surroundings districts; M. Toj preserve and protect thei favorable and unique quality oflife enjoyed by the citizens oft the city. Determining the project's compliance with thej purpose oft the zoning districts is discretionary and should According toi the Zoning Ordinance, S 159.80 Procedure for Amending This Chapter, district boundaries  more desirable environment; others structures;  and toj protect the city's tax base;  J. Toj promotei the most efficient use of city facilities and services;  and access by fire equipment and vehicles;  and  consider the project's ability to address thei items listed above.  may be changed after: 1. Application 2. Notice of Public Hearing  3. Planning and Zoning Commission consideration and publichearing 4. City Council review of P8Zrecommendation, consideration, and public hearing  Any hearing may be continued for good cause or recessed or tabled for any reason other than lack of  proper notice. Attachments:  ZA-2023-05 Hall Estates PD Comp Plan and Zoning.pdf ZA-2023-05 Hall Estates PD Vicnity Map with Responses.pdf ZA-2023-05 Hall Estates PD Document. After DRC.pdf ZA-2023-05 Hall Estates PD Concept Plan REVISED.pdf ZA-2023-05 Hall Estates Survey and Legal Description REVISED.pdf ZA-2023-05 Hall Estates PD. Application.pdf ZA-2023-05 Hall Estates PD. Application 2.pdf  69    FUTURE LAND USE: MAP - Comprehensive Plan 2018  Subject Property  >  Rural Estates Medium DensityF Residential High Density Residential Townhomes Mixed Use Office  Retail Parks and Open Space Private Recreation Public/Semi-Public Lake Edge Town Center Overlay (for reference only)  City Limits ETJ County Lake Ray Hubbard Small Lakes and Ponds Streams  ru-LN  ZONING MAP  HoRiss  TH  PD-S  ZoneA Agriculture Zone D Residential (duplex) Zonel LR Local Retail Zone MF-8 Medium Density Resider Zone PDF Planned Developement Zone PD-LR Planned Developement Zone PD-SF Planned Developement Zone SF-15 Residential (15.000s.f.) Zone SF-22 Residential 1/2 acre (22) Zone SF-43 Residential 1acre (43.5E Zone TH Residential (Townhouse)  SF-43  SF43  SF-43 MANORICT  Subject Property  ADR  PD-SF  -  70    GOBBLESIONEEAE 7A4B  Littie Buffalo  49698  497M  49  1431 7429  12972  A425 7424  12923  7423  Churche ofJesus Christ ofLatter-day Saints  7416 9405 7404  6717SEM549  Portion of 200 Bevan Circle  830308 880309 330307  380340 830300 880312 880803  63558 63559  830326 830325 880828 830327 830328 30329 500' 880880 Notification Boundary  65680  53646  330316  330307  3303 330319  In Favor:  Not in Favor:  VICINITY MAP (Not to scale) *  Case No. ZA-2023-05: Conduct a Public Hearing and act on an application to change thezoning classification ofp propertyaddressed as 6717 S FM 549 and further described as Tract 15, A. Rodriguez Survey, Abstract 231, City of Heath, Rockwall County, Texas, and a portion of property addressed as 200 Bevan Circle and further described as portion of' Tract 37-01, A. Rodriguez Survey, Abstract 230, City of Heath, Rockwall County, Texas from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and create the Hall Estates Residential Planned Development containing sixteen (16) single-family residential lots (Rockwall CAD No. 12922 and a Portion of 12972)  HEATH  on 19.32 acres ofland.  71    THE ENCLAVE ATI BUFFALO CREEK, BLOCK. A, LOT22  CITYOFI HEATH, TEXAS  Notice of Public Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Heath Planning and Zoning Commission will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the City Council will consider and act on the request and the recommendation of the Planning and Zoning Commission at a meeting that begins at 6:30 p.m. on Tuesday,November. 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the review body,which may affect the date of final action. At such time, the Heath Planning and Zoning Commission and Heath City Council will conduct a Public on an application to change the zoning classification of property addressed as 6717 S FM: 549 and a portion of property addressed as 200 Bevan Circle from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and create the Hall Estates Residential Planned Development containing sixteen PROPERTY DESCRIPTION: 19.23 acres of land addressed as 6717: S FM 549 described further as Tract 15,A.  act  Hearing and  single-family  (16)  residential lots on 19.32 acres ofl land. (Case No. ZA-2023-05)  Rodriguez Survey, Abstract 231, City of Heath, Rockwall County, Texas and a portion of property addressed as 2001 Bevan Circle described further as a portion of Tract 37-01, A. Rodriguez Survey, Abstract 230, City ofHeath, Rockwall County,  Texas. A map oft the property is attached.  (Rockwall CAD No. 12922 and  aPortion of 12972)  This notice may be downloaded from the City of Heath website at tp/www.heathtx.comgovemmenu/public-notices.  Interested citizens are invited to attend the public hearings and participate in the same.  REQUEST FOR PUBLIC INPUT  We value your input as a neighbor ofthe subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofHeath as directed below. Thank you!  Check one:  Iam in favor of the variance request.  A Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  Traffic Impscts Gd Acgstw Impalts to 4reedy  insvlficient  nfastruckure.  Please return this form to: City of Heath ATTN: Aaron Adel 200 Laurence Drive Heath, Texas 75032 Ors scan and email to: aadel@/eatha.com Thank you! City of Heath, Texas  Signature: Mh7mz Name (printed): Clarence Curtis Phone/Email Address (optional):  Address: 171 Mocfisk Ly Heth, Tk 15032  CLARENCEJ. & MEREDITH G CURTIS  1711 MORRISH LN HEATH, TX75032  72    CITY OF HEATH, TEXAS  Notice of Public Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Planning and Zoning Commission of the City of Heath, Texas will hold aj public hearing at a mecting that begins at 6:30 p.m. on Monday, October 2, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the request and the recommendation of the Planning and Zoning Commission will be considered by the City Council of the City of Heath,1 Texas atar meeting that begins at 6:30 p.m. on Tuesday, October 24, 2023, atl Heath City Hall, 200Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the reviewing body, which At such time, the Planning and Zoning Commission and City Council will conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717SFM549 from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and create the Hall Estates Planned Development containing welwe(2)single-family residential lots on 14.63 acres ofland. (Case No. ZA-2023-05) PROPERTY DESCRIPTION: 14.63 acres of land addressed as 6717S1 FM 549 described further as Tract 15,  may affect the date of final action.  A. Rodriguez Survey, Abstract 231, City ofHeath, Rockwall County, Texas. A map oft the property is attached. (Rockwall CAD No. 12922)  This notice may alsol be downloaded from the City ofHeath website atl htp/wwwheahi.comgovemmentpublic-  notices'. Interested citizens are invited to attend the public hearing and participate in the: same.  REQUEST FOR PUBLIC: INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City of Heath as directed below. Thank you!  Check one:  Iam in favor of the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  Concerns- Natuyal sping locatedon pvoperty Wildlife #at lives on propel-y Woter fun-oFf into ppperhes. Ceday tyees MUST stay along baider. Goglity homestoinc/eage Valve - Dot ceap hones  Signature: MEUAuA Name (printed): Mavia Doehelty Address: 27 Dennislailylan Neath  Please return this form to: City of Heath ATTN: Aaron Adel 200 Laurence. Drive Heath, Texas 75032 Or scan and email to: aadel@heathac.com Thank you! City fHeath, Texas  Phone/Email Address (optional):  73    COBBLESTONE FARMS, BLOCK B, LOT 7,ACRES - 1.000  CITY OF HEATH, TEXAS  Notice of Public Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Heath Planning and Zoning Commission will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7,2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the City Council will consider and acton the request and the recommendation of the Planning and Zoning Commission at a meeting that begins at 6:30 p.m. on Tuesday,Noyember 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the review body, which may affect the date of final action. At such time, the Heath Planning and Zoning Commission and Heath City Council will conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 S FM 549 and a portion of property addressed as 200 Bevan Circle from (A) Agricultural District to (PD-SF) Planned Development for (SF-43). Single Family Residential Uses and create the Hall Estates Residential Planned Development containing sixteen (16) PROPERTY DESCRIPTION: 19.23 acres of land addressed as 6717 SI FM: 549 described further as Tract 15,A.  single-family residential lots on 19.32 acres ofl land. (Case No. ZA-2023-05)  Rodriguez Survey, Abstract 231, City ofHeath, Rockwall County, Texas and a portion of property addressed as 200 Bevan Circle described further as a portion of Tract 37-01, A. Rodriguez Survey, Abstract 230, City ofl Heath, Rockwall County,  Texas. A map oft the property is attached.  (Rockwall CAD No. 12922 and  aPortion of 12972)  This notice may be downloaded from the City of Heath website at htp:/www.neathx.om/govemmentpublic-notices.  Interested citizens are invited to attend the public hearings and participate in the same.  REQUEST FOR PUBLIC INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City of Heath as directed below. Thank you!  Check one: Iam in favor of the variance request. Reasons: (Attach a separate sheet as needed.)  Iam opposed to the variance request.  Please return this form to: City ofHeath ATTN: Aaron. Adel 200 Laurence Drive Heath, Texas 75032 Or scan and email to: aadel@heatht.com Thank. you! City of1 Heath, Texas  Signature: Name (printed):  Saw GROVES  E  Address: (25 OLP VNE/ARP LN Phone/Email Address (optional): 214 454 5926  JERRY & JUDY GROVES LIVING TRUST 125OLD VINEYARD LN HEATH,TX 75032  63663  74    COBBLESTONE FARMS PH2, BLOCK A, LOT 75.COMMERCIALLOT  CITYOFHEATH, TEXAS  Notice of Public Hearing Before the Planning & Zoning Commission  Notice ofl Public Hearing Before the City Council  Notice is hereby given that the Heath Planning and Zoning Commission will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7,2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that a second public hearing is scheduled where the City Council will consider and act on the request and the recommendation of the Planning and Zoning Commission at a meeting that begins at 6:30 p.m. on Tvody.Mmemkik22, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the review body, which may affect the date of final action. At such time, the Heath Planning and Zoning Commission and Heath City Council will conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 S FM 549 and a portion of property addressed as 200 Bevan Circle from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and create the HallEstates Residential Planned Development containing sixteen (16) PROPERTY DESCRIPTION: 19.23 acres of land addressed as 6717 S FM 549 described further as Tract 15, A.  single-family residential lots on 19.32 acres of land. (Case No. ZA-2023-05)  Rodriguez Survey, Abstract 231, City ofHeath, Rockwall County, Texas and a portion of property addressed as 200 Bevan Circle described further as a portion of Tract 37-01, A. Rodriguez Survey, Abstract 230, City ofHeath, Rockwall County,  Texas. A map of the property is attached.  (Rockwall CAD No. 12922 and  aPortion of 12972)  This notice may be downloaded from the City ofH Heath website at p/whsitis.comlgpvempnemmenpalic-maise.  Interested citizens are invited to attend the public hearings and participate in the same.  REQUEST FOR PUBLIC INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofHeath as directed below. Thank you!  Check one:  < Iam in favor of the variance request.  Iam opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  Please return this form to: City of Heath ATTN: Aaron Adel Heath, Texas 75032 Ors scan and email to: aadel@heaticc.com Thank you! City of Heath, Texas  Signature:  a  Name (printed): DR.RtLA  Address: Vool MEwir-Rd 6-40B.DAlST 7244 200 Laurence Drive  Phone/Email Address (optional):  nandenac-.CAM  NERITA-HPE PA 4001 MCEWEN RD SUITE 408 FARMERS BRANCH, TX 75244    COBBLESTONE FARMS, BLOCK A, LOT 10, ACRES 1.000  CITY OF HEATH, TEXAS  Notice ofPublic Hearing Before the Planning & Zoning Commission  Notice of Public Hearing Before the City Council  Notice is hereby given that the Heath Planning and Zoning Commission will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that as second public hearing is scheduled where the City Council will consider and act on the request and the recommendation of the Planning and Zoning Commission at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the review body, which may affect the date of final action. At such time, the Heath Planning and Zoning Commission and Heath City Council will conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 S FM5 549 and a portion of property addressed as 200 Bevan Circle from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and. create the Hall Estates Residential Planned Development containing sixteen (16) PROPERTY DESCRIPTION: 49.23 acres of land addressed as 6717SF FM 549 described further as Tract 15,A.  single-family residential lots on 19.32 acres ofl land. (Case No. ZA-2023-05):  Kodriguez Survey, Abstract 231, City ofHeath, Rockwall County, Texas anda a portion of property addressed as 200 Bevan Circle described further as a portion of Tract 37-01, A. Rodriguez Survey, Abstract 230, City ofHeath, Rockwall County,  Texas. A map of the property is attached.  (Rockwall CAD No. 12922 and  al Portion of12972)  This notice may be downloaded from the City of Heath website at htp:/www.heathtx.com/govermenu'public-notices.  Interested citizens are invited to attend the public hearings and participate in the same.  REQUEST: FOR PUBLIC: INPUT  We value your input as a neighbor of the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofHeath as directed below. Thank you!  Check one:  Iam in favor of the variance request.  3 Iam opposed to the variance request.  Reasons: (Attach a separate shegt as needed.) Sce Atfachued  Please return this form to: City of Heath ATTN: Aaron. Adel 200 Laurence Drive Heath, Texas 75032 Orscan and email to: aadel@/eatna.com Thank you! City ofHeath, Texas  Signature:  mbi  Fne  Name (printed): James M RabiNsoN Phone/Email Address (optional): 978317 8753  Address: 140 did Viveyardl Lark NeafTx-75832  JAMES & MARGARET ROBINSON 140 OLD VINEYARD LN HEATH, TX 75032  76    The primary responsibility of any local government is to provide basic necessities. The City of Heath can not supply adequate water for the existing homes of the current residents. Water,  sewage and power are basic necessities.  To add an additional sixteen homes, in addition to the five currently under construction in Cobblestone Farms. Plus, there are a couple of dozen underway at Ridge Lakes, is at best,  irresponsible.  Then, factor in the numerous homes underway in the Heath Yacht Club and other construction sites scattered around the town. All of which indicates utter mismanagement, due to either  Indifference, incompetence or corruption.  lam not qualified to determine which. Ihad hoped to have left  that behind in New England.  The city of Heath is as irresponsible and criminally liable as American Airlines would be, if they sold 875 seats for a flight on a  737.  We residents are continually given excuses, but no solutions,  to the long standing problem.  Jim Robinson  77    COBBLESTONE FARMS, BLOCK A, LOT2, ACRES1.000  CITYOFI HEATH, TEXAS  Notice ofPublie Hearing Before the Planning & Zoning Commission  Notice ofPublic Hearing Before the City Council  Notice is hereby given that the Heath Planning and Zoning Commission will hold a public hearing at a meeting that begins at 6:30 p.m. on Tuesday, November 7, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Further notice is given that as second public hearing is scheduled where the City Council will consider and act on the request and the recommendation of the Planning and Zoning Commission at a meeting that begins at 6:30 p.m. on Tuesday, November 14, 2023, at Heath City Hall, 200 Laurence Dr., Heath, Texas. Please Note: Public Hearings may be tabled from time to time by the review body,which may affect the date of final action. At such time, the Heath Planning and Zoning Commission and Heath City Council will conduct a Public Hearing and act on an application to change the zoning classification of property addressed as 6717 S FM 549 and a portion of property addressed as 200 Bevan Circle from (A) Agricultural District to (PD-SF) Planned Development for (SF-43) Single Family Residential Uses and create the Hall Estates Residential Planned Development containing sixteen (16) PROPERTY DESCRIPTION: 19.23 acres of land addressed as 6717SFM: 549 described further as Tract 15,A.  single-family residential lots on 19.32 acres ofl land. (Case No. ZA-2023-05)  Rodriguez Survey, Abstract 231, City ofHeath, Rockwall County, Texas and a portion of property addressed as 200 Bevan Circle described further as a portion of Tract 37-01, A. Rodriguez Survey, Abstract 230, City ofHeath, Rockwall County,  Texas. A map of the property is attached.  (Rockwall CAD No. 12922 and  aPortion of12972)  This notice may be downloaded from the City of Heath website at https/www. heatha.com/govemmemmentpublic-notices.  Interested citizens are invited to attend the public hearings and participate in the same.  REQUEST FOR PUBLIC INPUT  We value your input as a neighbor oft the subject property! To express your opinion about the proposed action, please fill out the following information and return it to the City ofHeath as direeted below. Thank you!  Check one:  Iam in favor of the variance request.  / am opposed to the variance request.  Reasons: (Attach a separate sheet as needed.)  -Oppd to 4vay Ww pled daiepsds uwi)  tw  Cy SEcUNS  adkferet Uatr Supph  Please return this form to: City of Heath ATTN:. AaronAdel 200 Laurence Drive Heath, Texas 75032 Ors scan and email to: audelgheathtc.com Thank you! City ofHeath, Texas  Signature: Name (printed): Address: Hos Jnit Phone/Email Address (optional):  Bau  Nllisa Fidh Daleyln  WILLIAM FIELDSMITH 4051 DENNIS BAILEY LN HEATH,TX 75032  78    Planned Development Standards.  1. Permitted Uses. Unless specially provided by the Planned Development ordinance, only those uses permitted within the Single-Family Residential (SF-43) District, as stipulated by the Permissible Use Charts contained in Title XV, Land Uses, of the City of Heath, Texas Code of 2. Lot Composition and Layout. The lot layout and composition: shall generally conform to the Concept Plan depicted in the Exhibit "B" and the stated in Table 1, which is as follows:  Ordinances, are allowed on the Subject Property.  Table 1: Lot Composition:  Minimum Lot Size Dwelling Units (#) Dwelling Units (%)  (SF) 43,560  16  100%  3. Density and Dimension Requirements. Unless specifically provided by this Planned Development ordinance, the development standards stipulated by the SF -4 43 (1.0 Acre), as speciated byi in Title XV, Land Uses, oft the City of Heath, Texas Code of Ordinances are applicable to all development on the Subject Property. The maximum permissible density for the Subject Property shall not exceed 1 dwelling unit per net acre of land; however, in no case should the proposed development exceed 16 units. All lots shall conform to the standards depicted in Table  2, which is as follows: Table 2: Lot Dimensional Requirements: Minimum Lot Width! (1) Minimum Lot Depth Minimum Front Yard Setback' (2) Minimum Side Yard Setback  100 175' 50' 15' 30' 50' 35' 25' 10' 3200SF 35% Not Allowed  Minimum: Side yard Setback (Adjacent to a Street) (2) Minimum Length of Driveway Pavement Maximum Height (3) Minimum Rear Yard Setback Minimum Rear Setback for Accessory Structures Minimum. Area/ /Dwelling unit (SF) Maximum Lot Coverage General Notes:  Permitted Encroachment into Required Setbacks  Ther minimum lot width shall be measured att thel Front Yard Building Set Back. The location oft the Front) Yard Building Setback asr measured from thet front! property line  The Maximum Height shall ber measured tot the eave or topp plate (whichever is greater) oft the single-family home  Hall Estates Planned Development  Page 1 of8  REV-9/22/2023  79    4. Building Standards. All development shall adhere to thei following building standards: (a) Masonry Requirement. The minimum masonry requirement for the exterior facades of all buildings shall be 100%. For the purposes of this ordinance, the masonry requirement shall be limited to full thickness kiln fired brick, stone, granite, marble, concrete tilt wall, concrete block, stone, glass block unit, or other masonry material of equal characteristics: as determined by the Building Official or his or her designee. Stucco and plaster shall be considered masonry when applied using at three-step process over diamond metal lath mesh toar minimum of seven-eighths of ani inchi thickness or by other process producing comparable cement stucco finish with equal or greater strength and durability specifications. Concrete tilt wall shall have a natural stone, brick, or equivalent veneer. Cementious fiber board may be utilized for above roof walls, chimneys andi facades not (b) Roofs. A variety of roofing materials may be utilized on residential structures to include architectural shingles, metal, clay tile, solar tiles or other materials as approved by the city Building Official. Roof pitches may vary buti in no instance shall they be less than 5:12 roof (d) Garage Orientation. Garages may be orientated in at traditional swing (orj j-swing) configuration, side entry or front facing configuration with a minimum setback of 60' (i.e., allowing the garage to bei flush with the front façade oft the primary structure). All front facing garages shall be required to offset at the rear of the building envelope of the primary structure. All garage configurations that are not front entry: shall meet the requirements of  bearing ont the slab (i.e., box outs).  pitch.  (c) Gutters. Gutters shall be required on all homes.  Title XV, Land Uses, of the City of Heath, Texas Code of Ordinances.  5. Fencing Standards. Alli individual residential fencing and walls shall be architecturally compatible with the design, material and color of the primary structure on the same lot and meet the a. Ornamental Wrought Iron/Tubular Steel. All lots shall: share the same conformity described in the guidelines within Chapter 157: Fences of the City of Heath, Texas Code of Ordinances. Alli fences within the front yard and side or rear yards abutting a street may have a maximum height of four feet. Fences on or behind the front building line, except side and reary yards abutting a street, may have a maximum height ofe eight feet. Fences ini front of thei front building line of the residence or structure on the subject lot shall be ornamental wrought iron ori tubular steel and shall have at least 75% open area  following standards:  per linear foot.  6. Landscape and Hardscape Standards.  (1) Landscape. Landscaping shall be reviewed and approved with the PD Site Plan. All Canopy/Shade trees planned within this development shall be a minimum of four (4) caliper inches in size and all Accent /Omamenul/Under-sioy trees shall be a  Hall Estates Planned Development  Page 2of8  REV-9/22/2023  80    minimum of four (4) feet in total height. Thei following tree species are approved for a. Canopy /Shade Trees. Allowed species: Bald Cyprus, Cedar Elm, Lacebark Elm, Shumard's Oak, Caddo Maple, Southern Live Oak, Bur Oak, Chinquapin b. Accent /C Ornamental/ Under-Story Trees. Bigtooth Maple, Chinese Pistache, Osage Orange, Panicled Goldenrain Tree, Texas Red Oak, Western Soapberry, Lacebark Elm, Afghan Pine, and. Japanese Black Pine. Secondary Plantings/Shrubs/Groundcover. 100% shall be Lantana, Salvias or Sages, Rosemary, Engelman's Prickly Pear, Rock rose, Chinese Photinia, Pinyon Pine, Texas Pistachio, Nandina, Turk's Cap, Giant Turk's Cap, Mexican Elder, Yucca, Needle Palm, Texas Madrone or other varieties specified to be Drought Resistant Plants for Texas as defined by the University of Texas Lady Bird. Johnson Wildflower Center or other equitable authority.. d. Sod. Bermuda or other varieties specified to be Drought Resistant Plants for Texas as defined by the University of Texas Lady Bird. Johnson Wildflower Center or other equitable authority. Artificial turf shall be allowedi in conjunction with the covenants and restrictions oft the development. e. Irrigation. Irrigations systems on residential lots shall be designed promote water conservation by utilizing best practices with respect to coverage and water usage. Irrigation systems shall follow WaterSense" principles as set  planting with this subdivision:  Oak, Pecan, Deodar Cedar, and Southern Magnolia.  forth by the US EPA.  (2) Street Scape Landscaping. Prior to the issuance ofa Certificate of Occupancy (CO), all residential single family lots situated within the proposed subdivision shall be landscaped with canopy trees from the list stipulated by section 6(1) oft this  ordinance in the following sizes and proportions:  (i)  Three (3), three (3) inch trees measured six (6) inches above the root ball shall be planted in thet front yard of the required lots. (ii) Two (2), three (3) inch trees measured: six (6) inches above the root ball shall be planted in the rear yards of the required lots. (ii) Two (2), three (3) inch trees measured: six (6) inches above the root ball shall be planted in the side yards facing the street. (3) Irrigation Requirements. Irrigation shall be installed for all required landscaping located within common areas, landscape buffers and/or open space, Irrigation installed int these areas shall be designed by a Texas licensedi irrigator or landscape architect and shall be maintained by the Homeowner's. Association. (4) Hardscape. Hardscape plans indicating the location of all sidewalks andi trails shall be reviewed and approved with the public improvement construction plans.  7. Streets. All streets (excluding drives, fire lanes and private parking areas) shall be built according  to City of Heath city street standards.  Hall Estates Planned Development  Page 3of8  REV-9/22/2023  81    8. Lighting. All outdoor lighting shall conform to the Heath Code of Ordinance, Chapter 98,  Outdoor Lighting/Dark Sky Ordinance.  9. Sidewalks. At a maximum, all sidewalks adjacent to a street shall be located between the curb or grade line of the street and the right of way line, no closer than two (2) feet to the curb or grade 10. Buried Utilities. New distribution powerlines required to serve the Subject Property shall be placed underground, whether such lines are located internally or along the perimeter oft the Subject Property, unless otherwise authorized by the City Council. New transmission powerline, ord distribution lines, of a size not typically or cost effectively placed underground (3-phase lines), or additional lines that are added to existing poles, may be above ground, if located along the perimeter of the Subject Property. The Developer shall not be required to re-locate existing overhead powerlines along the perimeter of the Subject Property. Temporary powerlines constructed across undeveloped portions of the Subject Property toi facilitate development phasing and looping may be allowed above ground, but shall not be considered existing lines at the time the area is developed, and if they are to become permanent facilities, such lines shall be placed underground pursuant to this paragraph. Franchise utilities shall be placed within a ten (10) foot public utility easement behind the sidewalk, between the homes and the property  line and bei five (5) feet in overall width.  line.  11. Open Space. The development will not be required to have open space.  12. Neighborhood Signage. Permanent subdivisions identification signage shall be permitted at all major entry points for the proposed subdivision. Final Design and location of any entry features 13. Drainage Standards. The development shall comply with existing drainage standards including the permissible spread of water in the streets and permissible gutter low through intersection as outlined in the City of Heath's Engineering Standards of Design (approved in. January 1991). The proposed drainage areas, flow patterns and storm drain system that will be constructed shall be based on the City's drainage criteria and be identified on a Conceptual Drainage Plan, which shall be submitted with the Civil Plans at the time of Engineering submittal. The conceptual Drainage plan shall be reviewed and approved by the Engineering Department in compliance 14. Homeowner's. Association (HOA). Al Homeowner's. Association shall be created to enforce the restrictions established in accordance with the requirements of the Municipal Code of Ordinances of the City of Heath. The HOA: shall also maintain all neighborhood parks, trails, open space and common areas, irrigation, landscaping, screening fences associated with this  shall be reviewed and approved with a sign permit.  with engineering standards.  development. Exhibits  Hall Estates Planned Development  Page 4 of8  REV-9/22/2023  82    ATTACHED EXHIBITS A. Legal Description & Exhibit B. Concept Plan  Hall Estates Planned Development  Page 5 of8  REV-9/22/2023  83    Pagelof2  ZONING EXHIBIT LEGAL DESCRIPTION 14.625 ACRES  Beinga a called 14.625-acret tract of land situated in the ANTONIO RODRIGUEZ SURVEY"A ABSTRACTNO. 231, City of Heath, Rockwall County, Texas, being allo ofac called 14.625-acre tract ofl land described in an Affidavit of Heirship, recorded in Volume 1162, Page 139, Official Public Records of Rockwall County, BEGINNING at the most easterly corner of The Estates at Rabbit Ridge, an addition tot the City of Heath according tot the Final Plat thereof recorded in Volume E Page 172, OPRRCT and beingi int the northwest line of Cobblestone Farms, an: addition tot the City of Heath according to the Final Platt thereof recorded THENCE North 4500'00" West, a distance of 1454.24 feet with the common! line of said called 14.625- acre tract, said Estates at Rabbit Ridge addition anda a called 8.00-acre tract described in Special Warranty recorded in Volume 3795, Pleasesee > THENCE attached-Revised  Texas (OPRRCT) and beingr more particularly described asi follows:  in Volume E Page 203, OPRRCT; Deed to The Corporation of Road 549 (also known as Buffalo Way);  Saints, al Utah Corporation line of Farm tol Market  North 38'56/00'East,a a distance of 224.25feet;  LegatDescription.  North4521  listance of 3.49  THENCE: South 45*00'00" East, with the common! line of said 14.625-acre tract and a called 19.44-acre tract described in Warranty Deed with Vendor's Lien to Stephen L. Gilchrist and Gail S. Perry, recorded in Instrument Number 20140000014667, OPRRCT, a distance of 1486.251 feet to a point int ther northwest THENCE: South 44*42'02" West, with the common line of said 14.625-acre tract ands said Cobblestone Farms addition, a distance of 431.901 feet tot the POINT OF BEGINNING, containing 14.625 acres of land, "This document was prepared under 22 TAC $663.21, does not reflect the results ofa an on the ground survey, andi is not tol be usedt to convey or establishi interests in real property except those rights and interests implied or established by the creation or reconfiguration oft thel boundary oft the political  line ofs said Cobblestone Farms addition;  more or less.  subdivision for whichi it was prepared."  VPROJECTS/054151 Heath-14A AC onF FMS 549/Survey/05415; ZONING DESCRIPTION.docx  Hall Estates Planned Development  Page 60 of8  REV-9/22/2023  84    200' 100'  200'  %  1"= 200'  CALLED 14.625 ACRES CAROL ANN YARDLEY AND ALLEN T. DOWELL VOL 1162, PG 139 OPRRCT  CALLED 8.00 ACRES CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS VOL 3795, PG 209 OPRRCT  S.  Pleasegee-attached  ABSEMONEZ  Revisèd Survey   POB  "THIS DOCUMENT WAS PREPARED UNDER 22 TAC 8663.21, DOES NOT REFLECT THE RESULTS OF AN ON. THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABUISH INTERESTS IN REAL PROPERTY EXCEPTT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABUISHED BY, THE CREATION OR RECONFIGURATON OF THE BOUNDARY OF THE POLITICAL SUBDIMSION FOR WHICH IT WAS PREPARED." POINT OF COMMENCEMENT POINT OF BEGINNING -VOLUME -CABINET PAGE INST.N NO. INSTRUMENTI NUMBER OFFICIALE PUBLIC RECORDSOF ROCKWALLCOUNTY, TEXAS RIGHT-OF-WAY TEXAS TRANSPORTATION DEPARTMENTOF  COMMON AREA NO.2 ZONING EXHIBIT 14.625 ACRES ANTONIO RODRIGUEZ SURVEY ABSTRACT NO. 231 CITY OF HEATH ROCKWALL COUNTY, TEXAS PETITT ECD CIVIL ENGINEERING SURVEYING CONSTRUCTION. ADMINISTRATION TBPELS FIRM REGISTRATION ENGINEERING FIRM #001145 - SURVEYING FIRM #10194792 1600 N. COLLINS BLVD 201 WNDCO CIRCLE SUITE 3300 RICHARDSON, TX 75080 WYLIE, TX 75098 DATE: AUGUST 2023  LEGEND: POC POB VOL. CAB. PG. OPRRCT R.O.W. TXDOT  - SUITE 100. 972.941.8400 JOB NO. 05415 PAGE20F2  Hall Estates Planned Development  Page 7of8  REV-9/22/2023  85    649 W3    ha  i:  -  Please see attached Revised Concept Plan.  #-  #-  #-  #-  CONCEPT PLAN HALLESTATES CITY OF HEATH, TEXAS  PETITT- ECD SURVEYING  Hall Estates Planned Development  Page 8of8  REV-9/22/2023  86    19.32 ACRES 16 LOTS (1.0Acre Minimum Lot)  87    FARM TO MARKET 549 (BUFFALO WAY)  N42'03'00"E 205.68'  N38'56'00"E 224.25  LEGEND: POC POINT OF COMMENCEMENT POB POINT OF BEGINNING VOL. VOLUME CAB. CABINET PG. PAGE INST. NO. INSTRUMENT NUMBER OPRRCT -OFFICIAL PUBLICF RECORDS OF ROCKWALL COUNTY, TEXAS R.O.W. RIGHT-OF-WAY TXDOT TEXAS DEPARTMENTOF TRANSPORTATION  N45'21'00"E 3.49'  200' 100' O  200'  1"= 200'  CALLED 8.00 ACRES CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS VOL 3795, PG 209 OPRRCT  N45'00'00"E 250.11'  $44'42'02"w 431.90'.  S44'55'04'w 438.43' ZONING EXHIBIT 19.371 ACRES ANTONIO RODRIGUEZ SURVEY ABSTRACT NO. 231 CITY OF HEATH ROCKWALL TEXAS COUNTY, ECD PETITT-I CIVILE ENGINEERING SURVEYING CONSTRUCTION. ADMINISTRATION TBPELS FIRM REGISTRATION ENGINEERING FIRM #001145 - SURVEYING FIRM #10194792 1600 N. COLLINS BLVD 201 WINDCO CIRCLE SUITE 100. RICHARDSON, TX 75080 WYLIE, TX 75098 972.941.8400  9 d  COBBLESTONE FARMS VOL. F, PG. 203 OPRRCT  "THIS DOCUMENT WAS PREPARED UNDER 22 8663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED CONVEY ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR RECONFIGURATION, ESTABLISHED OF BY. THE THE BOUNDARY CREATION OR OF THE POLITICAL SUBDIMISION FOR WHICH IT WAS  TAC  TO  OR  PREPARED."  SUITE 3300  DATE: NOVEMBER 2023 JOB NO. 05415 PAGE 2 OF 2.  05415 Heath-1 C on FM5 Sotneyt157enny Exh-1I-3-23.dwg  88  03, 2023 2:37pm    Page 1of3  ZONING EXHIBIT LEGAL DESCRIPTION 19.371 ACRES  Being a called 19.371-acre tract ofl land situated in the ANTONIO RODRIGUEZ SURVEY - ABSTRACT NO. 231, City of Heath, Rockwall County, Texas, being all ofa a called 14.625-acre tract of land described in an Affidavit of Heirship, recorded in' Volume 1162, Page 139, Official Public Records of Rockwall County, BEGINNING at the most easterly corner of The Estates at Rabbit Ridge, an addition to the City of Heath according to the Final Plat thereof recorded in Volume F, Page 172, OPRRCT and beingi in the northwest line of Cobblestone Farms, an addition toi the City of Heath according to the Final Plat thereof recorded THENCE North 45°00'00" West, a distance of 1454.24 feet with the common line of said called 14.625- acre tract, said Estates at Rabbit Ridge addition and a called 8.00-acre tract described in Special Warranty Deed to The Corporation oft the Presiding Bishop of the Church of Latter-Day Saints, a Utah Corporation recorded in Volume 3795, Page 209, OPRRCT to a point in the south right-of-wayl line of Farm to Market  Texas (OPRRCT) and being more particularly described as follows:  in Volume F, Page 203, OPRRCT;  Road 549 (also known as Buffalo Way);  THENCE with said south right-of-way line thei following courses to points for corner:  North 38°56'00" East, a distance of 224.251 feet; North 42°03'00" East, a distance of 205.68 feet; North 45°21'00" East, a distance of 3.491 feet;  THENCE South 45°00'00" East, with the common line of said 14.625-acre tract and a called 19.44-acre tract described in' Warranty Deed with Vendor's Lien to Stephen L. Gilchrist and Gail S. Perry, recorded in Instrument Number 20140000014667, OPRRCT, a distance of 983.60 feet to a point for corner; THENCE over and across said 19.44-acre tract the following courses to points for corner:  North 45°00'00" East, a distance of 250.11 feet; North 80'59'24" East, a distance of 232.10 feet;  South 45°04'56" East, a distance of 365.631 feet to a point in the north line ofs said Cobblestone Thence South 44'55'04" East, with the common line of said 19.44-acre tract and said Cobblestone Farms  Farms;  addition a distance of 438.43 feet;  PROJECTS/05415 Heath-14. AC on FM5 549/Survey/05415 ZONING DESCRIPTION- -11-3-23.docx  89    Page 2of3  THENCE South 44°42'02" West, with the common line of said 14.625-acre tract and said Cobblestone Farms addition, a distance of 431.901 feet to the POINT OF BEGINNING, containing a calculated area of "This document was prepared under 22 TAC $663.21, does not reflect the results of an ont the ground survey, andi is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political  19.371 acres ofl land, more or less.  subdivision for which it was prepared."  PROJECTS/05415 Heath-14. AC on FM5 549/Survey/05415 ZONING DESCRIPTION- -11-3-23.docx  90    Authentisign 1D:  GITY7 OF EATH AUG 2 32023  ZONING CHANGE APPLICATION AND  PLANNED DEVELOPMENT CHECKLIST COABMNTYOEVELPMENI  LEGAL OWNER:  APPLICANT (IF DIFFERENI):  Name (printed):  Carol Ann Yardley and Allen TI Dowell Michael Ryan. Joyce  Mailing Address: 6717 SFM5 549  767. Justin Rd Rockwall, TX 75087 512-965-6280 ryan@michaeljoyceproperties.com  Rockwall, TX 75032  Telephone Number: Email Address:  ADDRESS OF PROPERTY INVOLVED: 6717SFM549. Rockwall, TX 75032  COUNTY CADI PARCEL IDI NUMBER(S): 12922  LEGAL DESCRIPTION OF PROPERTY INVOLVED: Include Lot, Block, Subdivision Name, Survey, Abstract, and Address. Attach a separate page for metes and bounds descriptions. NOTE: The legal description is used to publish notice of the required hearings and prepare the final ordinance granting the zoning change. The description must be sufficient to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having his surveyor or attorney approve his legal description. Failure to do sO by the applicant may delay the passage of the final ordinance or the ordinance being declared invalid at some future date because of an insufficient legal description. The applicant may use the attached certificate to give notice to the City oft the. sufficiency oft the legal description; however, the same is not a requirement of  A0231 AF Rodriguez, Tract 15, 14.63AC  the Application.  CURRENT ZONING OF THE: PROPERTY: Ag  REQUESTED ZONING OF THE PROPERTY: Planned Development (SF-43) Ift the Requested Zoning is Planned Development, address all items in the Planned  Development Checklist included with this application. REASON. FOR: REQUEST: At owner'sr request  Ifthere are. DEED RESTRICTIONS pertaining to the intended use of the property, includea The zoning change review and approval process takes approximately 60 days from the application deadline. The Planning and Zoning Commission and City Council will conduct public hearings and act on this application. A project representative must attend the Planning and Zoning Commission and City Council meetings to testify and answer questions from the Commission and Council.  copy oft the restrictions.  Community Development, 2001 Laurence Drive, Heath, TX 75032 (972) 961-4883 www.heathtx.com  Revised 2023  91    Authentisign ID 208D9E3BAMEENHASFIGASBEDIESE  OWNER STATEMENT:I! have attached to this application. as Exhibit" "A". aj plat showing thej property that ist the subject of this requested. Zoning Change and havei read the note above concerning thei importance  ofmy submission to the City ofa sufficient legal description.  TiaJDai  08/22/23  OWAERSIGNAIURE:  DATE:  LEGALI DESCRIPTION CERTIFICAIE:  Ihereby certify that I have checked the legal description of the property described in this Application and the same describes the tract of land shown on the Plat attached hereto as Exhibit "A" and: said description is sufficient to allow a qualified surveyor tol locate and mark  offs said tract on1 the ground. Signature of(Circle CITY OFFICE USE ONLY: Fees paid $ P&ZI Hearing Notice Published & Mailed (10 days prior): P&ZI Public Hearing: City Council Notice Published (15 days prior): City Council Public Hearing:  -  8-25-23 FORTHEAPPLICANT  C  Check#_  CC  Cash  PLANNED DEVELOPMENT CHECKLIST:  If the requested zoningi is al Planned Development, all items in the following list must be addressed in the Concept Plan and Development! Plan. The following requirements are established by the Heath Code of Ordinances. S 159.28 (PD) PLANNED DEVELOPMENT DISTRICT with references included in (parentheses). This checklist provides a summary only and does not outline every requirement. This checklist is to be used in conjunction with, not instead of, the appropriate ordinances. 1. E An application for a "Planned Development District" is submitted to the Plaming and Zoning Commission in the same mamner as anl application for a zoning change. The application is accompanied! by the items required! by the Zoning Ordinance. including a Concept Plan. 2. E Concept Plan shall be submitted 01l a topography base map at a scale of 1"=100 or (). Also includedi is an 8-1/2XII'reduction. with no less than 5' contour intervals. (E.1.b) 3. - Concept Plan shall include all items in Section 158.05 of the Subdivision Regulations as  summarized' below (see ordinance for details):  a. Names and addresses of the subdividers. record owner, land plamer. engineer and/or  surveyor.  b. Proposed name ofs subdivision.  Community Developmnent, 2001 Laurencel Drive. Heath. TX 75032 (972)9 961-4883 www.henthtx.com  Revised 2023  92    Authentisign ID:E 206909E3B4MEEI1-A3FI60ASBDEDIBS  Location in relation to1 the rest oft the city and boundaries of proposed subdivision. d. FA A schematic layout of the entire tract and its relationship to adjacent property and  existing adjoining development.  Proposed major categories ofland use showing existing and proposed zoning. P Proposed number of dwelling units andj population densities. I Proposed and existing arterials and collector streets to serve general area. h. Location ofs sites for parks, schools and other public uses ass shown in the comprehensive Significant natural drainage features including drainage courses and wooded areas, as delineated on USGS topographic maps or any other topographic maps showing equivalent  plan.  information.  4. Concept Plan includes ai metes and bounds description of the entire PD tract. (E.1.b.1) 5. E Concept Plan includes a drawing locating flood plain areas, water bodies, creeks, drainage areas, Concept Plan includes sufficient evidence to establish that the applicants are the owners and/or have control of all the outstanding interests in the land and structures herein. (E.1.b.3) 7. E Concept Plan includes a drawing locating all land use areas, providing aj preliminary layout of the lots and interior streets in each area, showing proposed gross acreage of each use, open space, max lots coverage, max height, min setbacks, residential densities, approx gross floor area and floor 8. E Concept Plan includes location of all major access points, thoroughfares and collectors within 9. EC Concept Plan identifies all major land use classifications approx acreage within development 10. E Concept Plan includes indication of each phase of development ift the proposed PD is to bei in 11. E Concept Plan includes indication by acreage or percentage of total development of all major 12. Concept Plan includes land area within the site and land area of all abutting sites with zoning classifications thereon, and dimensions and locations of all public and private rights-ofway and 13. D Concept Plan includes location and height of each wall, fence and screen planting used as a 14. D Concept Plan includes all landscaped areas, including any reserved open space to be retained.  and significant natural features. (E.1.b.2)  area ratio for all commercial and office uses. (E.1.b.4)  the development. (E.1.b.5)  related to current zoning district designations or specific purpose. (E.1.b.6)  separate phases. (E.1.b.7)  areas planned for public and private open space. (E.1.b.8) easements bounding and intersecting the site. (E.1.b.9)  buffer between the uses and from adjacent property owners. (E.1.b.10) N/A  Detailed landscaping plan may bei required. (E.1.b.11)  Community. Development, 2001 Laurence! Drive, Heath, TX75032 (972) 961-4883 www.heathtx.com  Revised 2023  93    Authentisign! ID:E 208SD9E3BAEETAA3F1-0458DEDIBS  15. E Concept Plan may be required to include estimates of traffic volumes and turning movements. 16. E Concept Plan is signed by the applicant's engineer and planner, ifany. (E.1.b.13) N/A 17. E Concept Plan is accompanied by a location map showing the relationship of the planned development to adjacent properties (noting the zoning classifications of such properties) and 18. Ifthe project is to be developed in phases, aj proposed phasing plan that identifies the sequence of development and a time schedule for installation of major capital improvements to serve the  (E.1.b.12) N/A  thoroughfares. (E.1.b.13)  development (E.1.b.14). NIA  19. Concept Plan shall include a chart depicting the following information by phase:  a. HA Acreage ofeach proposed phase;  b. Total number of dwelling units by type and lot size; and C. Minimum dwelling unit sizes. (E.1.b.15) covenants to be imposed on the property.(E.1.D.16)  20. E Concept Plan includes a general description of any homeowners association requirements and 21. 'Concept Plan includes a written description of all requested deviations from the base zoning districti ine each phase and any other special development standards. (E.1.b.17) N/ 22. E A public hearing shall be conducted before the Planning and Zoning Commission in accordance 23. The Planning and Zoning Commission makes a recommendation to approve or deny the zoning 24. Thel Planning and Zoning Commission: makes ar recommendation to approve, modify or deny the 25. Tol begin development on all orj part ofas site, ai final Development Plan shall be submitted. Upon its approval, the Development: Plan shall be recorded and kept on: file by the City, together with the preliminary plat. Thel Development Plan must conform to the approved Concept Plan, either for the total Planned Development: District ori for each phase. Consideration ofac development plan that does not contain any major changes from the approved concept plan will not require additional public 26. Development Plans for each phase may be submitted separately as the phases are ready for 27. E Thel Development Plani is submitted to the City Secretary and includes a check list ofitems to be 28. E Major changes in the Development Plan shall be considered the same as amendments to the Zoning Ordinance and the Concept Plan and processed accordingly. The following changes are not considered major changes: changes that do not alter the basic relationship of the proposed development to adjacent property; changes that retain the character oft the development; changes that  with appropriate ordinances. (E.1.c) 05 change tol PD. (E.1.c). DI  proposed Concept Plan and conditions. (E.1.c)  hearings. (E.2.a) development. (E.2.g.)  included on the Development Plan. (E.2.b)  Community Development, 2001 Laurence Drive, Heath, TX 75032 (972) 961-4883 www.heathtx.com  Revised: 2023  94    Authentisignl ID:E E2069D9E-3 3841-EE11-A3F1- -6045BDED1B5F  dor not significantly alter the uses permitted, or significantly increase the density, setbacks, height or coverage of the site; changes that do not significantly increase the problems of traffic circulation,  safety or utility requirements.  NI 29. EIf the Development Plan contains major changes from the approved Concept Plan, the  Development Plan shall ber rejected by thel Planning & Zoning Commission and/or the City Council. A new application and filing fee (optional) shall be required and a public hearing City of Heath  Planned Development Guide Sheet 3 scheduled. (E.2.e)  N/P 30. The Development Plan, in addition to1 those items in the Concept Plan, shall include/show:  a. B The development plan of the entire planned development or of the proposed phase at 1"=100' or()and an 8-1/2"x11", reduction showing thej proposed finished grade oft the area b. At tabulation oft the areaj proposed to be devoted to each land use and ai tabulation ofthe average population density per neta acre andj per gross acrei ini the areaj proposedt tol be devoted DA description of the proposed lot or lots and boundaries thereof, and proposed setbacks d. E The plan includes, excepting single family dwellings, the location ofe each existing and each proposeds structure int the development, the use/uses tol be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof. e. GA All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transit areas, and llumination facilities for the same (design criteria may be required), A All pedestrian walks, mails, and open areas for use by tenants or visitors. (E.2.f.6): g. E All reservations for public uses, including parks, playgrounds, schools and other open h. D The location, size, height, and orientation of each sign, except signs that are flat on building facades and that do not directly face property in ai residential district, or directional F Facilities for waste disposal on other than single family uses. (E.2.f.9) Proposeds street names for all public roads. (E.2.f.10)  at 2 foot intervals. (E.2.f.1)  to residential use. (E.2.f.2)  ont thel lots and proposed minimum dwelling unit sizes. (E.2.f.3)  (E.2.f.4)  including existing facilities to be relocated. (E. .2.f.5)  spaces. (E.2.f.7) signs. (E.2.f.8)  k. L Thej plan may be required to show elevations and/or perspective drawings to determine the relationship oft the buildings to adjacent property, open spaces, and other plan features. a Any and all ofther required features may be incorporated on as single drawing that is clear m. 6A1 legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility and any privately owned open spaces. This submission is required prior to approval ofa development plan. (E.2.f.13)  (E.2.f.11)  and suitable for evaluation by City officials. (E.2.f.12)  Community Development, 2001 Laurencel Drive, Heath, TX75032 (972) 961-4883 www.heathtx.com  Revised 2023  95    Aulbentisign ID: 2089D0E384MEEI1-A3i0A4SBDEDIB6F  Thet title page of each application and set of plans are signed by the applicant's architect, planner, landscape architect, engineer and/or land surveyor ift these services are required. 0. EA1 list of any changes from the Concept Plan which are contained ini the Development Phases of development, including delineation of areas, building sites, land use and improvements to be constructed in independent phases and the scheduled timing and 1 Ifst standards or deviations approved with the Concept Plan are different from the base zoning district, (ie. lot sizes, building setbacks and similarrequirements) such standards and The full text of any homeowners or owners association requirements and covenants to  (E.2.f.14) Plan. (E.2.f.15)  sequencing of development. (E.2.f.16)  deviations shall bei illustrated on the Development Plan. (E.2.f.17)  bei imposed ont thej property. (E.2.f.18)  31. The application shall list all requested differences, ifany, from the standard requirements set forth throughout the Zoning Ordinance.**, Applications without this list will be considered  incomplete**.(D.I) Mone  N/A 32. B Thel Development Plan submitted under subsection E is accompanied by aj preliminary plat that  meets the requirements oft the Subdivision Ordinance. (H.2) N/B  Community Development, 2001 Laurence Drive, Heath, TX 75032 (972) 961-4883 www.heathtx.com  Revised 2023  96    GITY OF HEATH OCT182023 COHMUNTYDEVELOPMENT  ZONING CHANGE APPLICATION AND PLANNED DEVELOPMENT CHECKLIST  LEGAL OWNER:  APPLICANT (IF DIFFERENT): Ryan Joyce Michael Joyce Properties 767 Justin Rd Rockwall, TX 75087 512-965-6280  Name (printed): Stephen Gilchrist Mailing Address: 200 Bevans Cir  Heath, TX 75032  Telephone Number: 318-446-4735  Email Address:  lcmist@lade/enoanet  yan@michaeloycepropertes.com  ADDRESS OF PROPERIYINVOLYED: 200 Bevans Cir, Heath, TX75032  COUNTY CADPARCEL IDI NUMBER(S): 12972.0  LEGAL DESCRIPTION OF PROPERTY INVOLVED: Include Lot, Block, Subdivision Name, Survey,Abstract, and Address. Attach a separate page for metes and bounds descriptions. NOTE: The legal description is used to publish notice of the required hearings and prepare the final ordinance granting the zoning change. The description must be sufficient to allow a qualified surveyor to take the description and locate and mark off thet tract on the ground. Each applicant should protect himself by having his surveyor or attorney approve. hisl legal description. Failure to do so by the applicant may delay thej passage oft thei final ordinance or the ordinancel being declaredi invalid ats some: future date because of an insufficient legal description. The applicant may use the attachedcertificate to give notice to the City ofthe suficiency of the legal description; however, the same is not ai requirement of the Application.  CURRENT ZONING OF THE: PROPERTY: Agricultural REQUESTED: ZONING OF THE: PROPERTY: SF-43 Checklist included with this application. REASONI FOR: REQUEST: at owners request  If the Requested Zoning is Planned Development, address all items in the Planned Development  Ift there are. DEED RESTRICTIONS pertaining to thei intended use of the property, include a copy The zoning change review and approval process takes approximately 60 days from the application deadline. The Planning and Zoning Commission and City Council will conduct public hearings and act on this application. A project representative must attend the Planning and Zoning Commission and City Council meetings to testify and answer questions from the Commission and Council.  oft the restrictions.  Community Development, 2001 Laurence. Drive, Heath, TX75032 (972)961-4883 www.heathtx.com  Revised: 2023  97    OWNER STATEMENT: Ihave attached tot this application, as Exhibit "A",a a plat showing the property thati ist thes subject oft this requested: Zoning Change and have read thei note above concerning thei importance OWNER SIGNATURE: A hh DATE: 10-16-23  ofmy submission to the City ofas sufficient legal description.  LEGAL: DESCRIPTION CERTIFICATE:  Ihereby certify that I have checked the legal description of the property described in this Application and the same describes the tract of land shown on the Plat attached hereto as Exhibit "A"a and said description is sufficient to allow a qualified surveyor to locate and mark  offs said tract on the ground.  Signature of(Circle One) SURVEYOR/ATTORNEY FOR THE. APPLICANT  CITY OFFICE USE ONLY: Fees paid $ P&Z Hearing Notice Published & Mailed (10 days prior): P&Z Public Hearing: City Council Notice Published (15 days prior): City Council Public Hearing:  Check #  CC.  Cash  PLANNED DEVELOPMENT CHECKLIST:  Ifther requested: zoning is al Planned Development, alli items in the following list must be addressed in the Concept Plan and Development Plan. The following requirements are established by thel Heath Code of Ordinançes, $ 159.28 (PD) PLANNED DEVELOPMENT DISTRICT with references included in (parentheses). This checklist provides a summary only and does not outline every requirement. This checklist is tol be used in conjunction with, not instead of, the appropriate ordinances. 1. D An application for a "Planned Development District" is submitted to thel Planning and Zoning Commission in the same manner as an application for a zoning change. The application is accompanied by the items required by the Zoning Ordinance, including a Concept Plan. 2. D Concept Plan shall be submitted on ai topography base map at a scale of I"=100 or (). Also includedi is an 8-12xII'reduction, with no less than 5' contour intervals. (E.1.b) 3. D Concept Plan shall include all items in Section 158.05 of the Subdivision Regulations as  summarized! below (see ordinance for details):  a. Names and addresses of the subdividers, record owner, land planner, engineer and/or  surveyor.  b. OF Proposed name of subdivision.  Community Development, 2001 Laurence Drive, Heath," TX7 75032 (972)961-4883 www.heatht.com  Revised 2023  98    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.d  Item:  Discussion and Action on a Resolution oft the City Council oft the City of Heath, authorizing the City Manager to execute a Professional Services Agreement with Halff Associates to perform Professional Geographic Information System (GIS) services int the amount of $50,000.00. (K. Lasher)  Background:  The city requested Halff. Associates to develop ai five-year plan for creating and maintaining an enterprise GIS database and provide hosting services for this database. The attached agreement, includedi herein as Attachment 2, is fori thei initial year oft this effort. Halff Associates would development thei foundation fora GIS database from the City's existing GIS datal layers and public available GIS data for the city. This agreement outlines the tasks that will bej performed to support the City's needs to assess, inventory, and maintain the available data that willl bei included ini the GIS database, webi maps, and mobile GIS  applications. EinancialImpact:  Funding for this effort has been allocated ini the Fiscal Year 2023-2024 "Utility CIP" budget under project  code To1, account code 560-344. LegalImpact:  Comprehensive Plan Impact: Staff Recommendation:  Staff recommends approval oft the attached Resolution, included herein asAttachmenti.  Attachments:  Attachment 1-1 Res 231114A GIS Halff.pdf Attachment 3 - City ofl Heath Cover Letter.pdf  Attachment 2 City of Heath & Halff GIS Services 11-07-2023-pdf  99    CITY OF HEATH, TEXAS. RESOLUTION NO. 231114A  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEATH, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HALFF ASSOCIATES TO PERFORM PROFESSIONAL GEOGRAPHIC INFORMATION SYSTEM  (GIS) SERVICES IN' THE. AMOUNT OF $50,000.00.  WHEREAS, the City of Heath has determined a need for a Geographic Information System (GIS) for creating and maintaining an enterprise GIS database and provide hosting services for this database for the mapping of infrastructure and property inventory, parcel information, address information, web map production, and for the operation ofa a mobile GIS application; WHEREAS, the City ofHeath has identified that the scope and conditions contained in the draft agreement from Halff Associates fulfill all oft these needs in one comprehensive, modern system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1: That the City Council does hereby authorize the City Manager to execute an agreement, being attached hereto and labeled "Exhibit A," with Halff Associates for the SECTION 2: That this resolution shall take effect from and after the date ofits passage. PASSED AND APPROVED BYTHE CITY COUNCIL OF THE CITY OF HEATH,  HEATH,TEXAS:  development of the City's initial GIS database in the amount of$50,000.  TEXAS on this the 14th day of November 2023.  CITY OF HEATH  KELSON ELAM, MAYOR  ATTEST  Norma Duncan, City Secretary  100    EXHIBIT A  CONTRACT FOR PROFESSIONAL CONSULTING SERVICES  THIS CONTRACT made and entered into on the date last stated below between the CITY OF HEATH, a Texas municipal corporation, hereinafter called "CITY", acting by and through Aretha Adams, CITY Manager, duly authorized to act on behalf of the CITY, and HALFF ASSOCIATES, INC., a Texas corporation, hereinafter called "CONSULTANT, acting by and through Jennifer WHEREAS, the CITY desires professional consulting services in connection with the GIS Data Development and Hosting for the CITY of Heath, hereinafter called "the PROJECT'; and WHEREAS, the CITY has determined that the CONSULTANT has experience in the area involved in the PROJECT and is qualified to perform the work, and the CONSULTANT is willing to enter into a contract with the CITY to perform the consulting services desired by the CITY in  Worthington, duly authorized to SO act on behalf of the CONSULTANT.  connection with the PROJECT.  NOW, THEREFORE, THE CITY AND CONSULTANT AGREE AS FOLLOWS:  The CITY hereby retains the CONSULTANT to perform consulting services in connection with  the PROJECT described above. 1. SCOPE OF SERVICES  The scope of consulting services to be performed by the CONSULTANT shall be as follows:  1.1 Approach to PROJECT  In this Agreement, the PROJECT will consist of GIS services, database services, and web hosting  services in accordance with the CITY'S regulations and standards.  1.2 Detailed Scope of Services  The CONSULTANT will perform the PROJECT specific Scope of Services outlined in Appendix  A.  2. CITY'S RESPONSIBILITES  So as not to delay the services of CONSULTANT, the CITY shall do the following in a timely  manner:  2.1 Provide Existing Data Existing CITY utility and zoning data  Page 1 of 25 Heath Standard Consulting Contract Printed: November 7,2023  101    As-built plan sets FEMA Floodplains Streams and water bodies Political Boundaries Available imagery Available benchmarks  Rockwall & Kaufman County CAD Parcels  Existing data delivered toi the CONSULTANT by the CITY remains the property of the CITY and upon request from the CITY the CONSULTANT agrees to provide the data stored in the hosted  GIS database to the CITY in an ArcGIS file geodatabase..  2.2 Provide Standards  After authorization to proceed, if required by the Scope of Work, provide CITY standard bidding and contract documents, which are to be used for public bidding of the PROJECT. If required by the Scope of Work, the CONSULTANT shall provide all bid item descriptions, item quantities, special provisions, technical specifications, plans and other project specific information that is  required for bidding the PROJECT in the format required by the CITY.  2.3 CITY Representative  CITY agrees that it will designate a specific person to act as CONSULTANT'S representative, provide CONSULTANT with any previous studies, reports, data, budget constraints, special CITY requirements, or other pertinent information known to CITY, make prompt payments in response to CONSULTANT'S statements and respond in a timely manner to requests from CONSULTANT. CONSULTANT is entitled to rely upon and use, withouti independent verification and without liability, all information and services provided by CITY or CITY'S representatives.  3.  SCHEDULE 3.1 Schedule  The CONSULTANTS services shall be performed in a timely manner consistent with sound professional practices. The CONSULTANT shall complete the Scope of Services according to  the following schedule:  Activity  Due Date 30 days from NTP 45 days from NTP 90 days from NTP 120 days from NTP 150 days from NTP 165 days from NTP 180 days from NTP  GIS Data Review  Geodatabase Design and Schema GIS Data Collection and Geodatabase Population Data Update and Maintenance Plan Development of Public and Secure Web Apps  Staff Training Hosting Web Services  Page 2of 25 Heath Standard Consulting Contract Printed: November 7,2023  102    The time limits set forth in the schedule shall include allowances for reasonable and expected review time by the CITY and approval by authorities having jurisdiction over the PROJECT and shall not be allowed as cause for delay or adjustments to the schedule. Delays in the design critical path caused by review times by the CITY or a permitting agency exceeding those anticipated by the CONSULTANT'S schedule are cause for adjustments in the schedule. Any adjustments made to the agreed-upon schedule shall be made in writing and acceptable to both The CONSULTANT shall begin work within 7 days of receipt of the executed CONTRACT and The CONSULTANT will prepare a schedule of completed work, including a bar graph schedule showing the percentage complete of each of the items of the Scope of Services, to be submitted  parties.  written Notice to Proceed.  each month with the request for partial payment to the CITY.  3.2 Completion of Services  CONSULTANT'S services under each item of the finalized Scope of Services shall be considered complete on the date when CITY has accepted the submissions for that item.  3.3 Changes  Ift the CITY requests significant modifications or changes in the Scope of Services, general scope, extent or character of the PROJECT, the time of performance of CONSULTANT'S services, the various rates of compensation and schedule shall be adjusted equitably.  3.4 Written Authorization for Additional Work  Any provision in this CONTRACT notwithstanding, it is specifically understood and agreed that the CONSULTANT shall not authorize or undertake any work pursuant to this CONTRACT that would require the payment of any fee, expense or reimbursement in addition to the fees stipulated in Section 4, Payment for Services," oft this CONTRACT, without first having obtained  the specific written authority to do sO from the CITY.  4 - PAYMENT FOR SERVICES  4.1 Terms  Terms used in describing the applicable method of payment for services provided by the  CONSULTANT shall have the meaning indicated below:  Basic consulting Fee:  Basic consulting Fee shall mean those expenses incurred by the CONSULTANT in prosecuting  the PROJECT Scope of Services.  Page 3 of 25 Heath Standard Consulting Contract Printed: November 7,2023  103    Additional Services  Additional services are services not covered under the Scope of Services. Additional Services will be provided to the CITY on an hourly basis plus reimbursable expenses as agreed in writing  at the time such services are authorized.  4.2 Basis and Amount of compensation for Basic Services  CONSULTANT will perform the services described in the Scope of Services for the PROJECT GIS Data Review, GIS Database Design and Schema, GIS Data Collection and Geodatabase Population, Data Update and Maintenance Plan, Development of Publicand Secured Web Apps, CITY Staff Training, and Hosted Web Services tasks for a total not to exceed $50,000.00. Additional services shall be compensated using the Halff. Associates, Inc. 2023 Standard Billing Rates (attached hereto as Appendix B and made part of the CONTRACT). No Additional  4.3 Basis and Amount of Compensation for Additional Services Services shall be performed without the CITY'S prior written approval.  4.4 Total Fee  Basic Services GIS Data Review  $6,300 $6,900 $16,500 $6,800 $10,725 $2,400 $375 $50,000 $50,000  Geodatabase Design and Schema GIS Data Collection and Geodatabase Population Data Update and Maintenance Plan Development of Public and Secured Web Apps Staff Training DIR Administrative Fee Total Basic Services (Not to Exceed) Total CONTRACT Amount  The CONSULTANT shall be paid a total of $50,000.  Payment for Basic Services and Reimbursable Expenses will be due within 30 days of the date  of the invoice.  4.5 Partial Payments for Services  Partial fee payments may be applied at monthly intervals, based upon statements, which reflect the percentage of work completed for the various items listed under Scope of Services. These statements shall be prepared by the CONSULTANT and must be verified and approved by the  CITY.  Page 40 of 25 Heath Standard Consulting Contract Printed: November 7,2023  104    4.6 Delay  ICONSULTANTS design services or services during construction of the PROJECT are delayed or suspended in whole or in part by the CITY for more than one year for reasons beyond CONSULTANT'S control, the various rates of compensation, including Additional Services, provided for elsewhere in this CONTRACT shall be subject to equitable adjustment.  5 TERMINATION, SUSPENSIONS OR ABANDONMENT  5.1 Termination  The CITY or the CONSULTANT may terminate this CONTRACT for convenience, for non- appropriation, orf for reasons otherwise specified in this agreement. Ini the event such termination becomes necessary, the party effecting termination shall sO notify the other party, and termination will become effective thirty (30) calendar days after receipt of the termination notice. Irrespective of which party shall affect termination or the cause therefore, the CITY shall, within thirty (30) calendar days of termination, remunerate CONSULTANT for services rendered and costs incurred, in accordance with the terms of this CONTRACT. Services shall include those rendered up to the time of termination. Final plans, field survey, and other data related to the PROJECT shall become the property of CITY upon termination of the CONTRACT and shall be promptly delivered to the CITYi in a reasonably organized form and in a format acceptable to the CITY. Should CITY subsequently contract with a new CONSULTANT for continuation of services on the PROJECT, CONSULTANT shall reasonably cooperate in providing information.  No amount shall be due for lost or anticipated profits.  5.2 Suspension  Ift the CITY suspends the PROJECT (in writing) for more than 30 consecutive days, the CONSULTANT shall be compensated for services performed prior to notice of such suspension. When the PROJECT is resumed, the CONSULTANT'S compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the  CONSULTANT'S services.  5.3 Contract Termination Due to Project Cancellation the CONSULTANT in the event that the PROJECT is canceled.  The CITY may terminate the CONTRACT upon not less than seven- (7) days written notice to  5.4 Failure to Pay  Failure of the CITY to make payments tot the CONSULTANT in accordance with this CONTRACT Ift the CITY fails to make payment to CONSULTANT within thirty (30) days of a statement for services performed, the CONSULTANT may, upon fourteen (14) days written notice toi the CITY, suspend performance of services under this CONTRACT. Unless CONSULTANT receives  shall be considered substantial nonpertormance and cause for termination.  Page 5of 25 Heath Standard Consulting Contract Printed: November 7,2023  105    payment ini full within fourteen (14) days oft the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services under this section, the CONSULTANT shall have no liability to the CITY for delay or damage caused the CITY because  of such suspension of services. GENERAL CONSIDERATIONS 6.1 Professional Standards  Services performed by the CONSULTANT under this CONTRACT will be conducted with the professional skill and care ordinarily provided by competent CONSULTANTS practicing in the same or similar locality and under the same or similar as expeditiously as is prudent considering the ordinary professional skill and care of a competent CONSULTANT. The CITY'S approval, acceptance, use of or payment for all or any part of the CONSULTANT'S services herein under or of the PROJECT itself shall in no way alter the CONSULTANTS obligations or the CITY'S  rights thereunder.  6.2 Progress and Performance  The provisions of this CONTRACT and the compensation to CONSULTANT have been agreed to in anticipation of continuous and orderly progress through the completion of the CONSULTANT'Sservices. Time for performance shall be extended to the extent necessary for delays due to circumstances over which the CONSULTANT has no control. If the CONSULTANT'S services are suspended or delayed the times of performance shall be extended to the extent of such delay or suspension. A delay or suspension shall not terminate this CONTRACT unless CONSULTANT elects to terminate in accordance with the provisions of Section 5 of this CONTRACT. If a delay or suspension extends for a period of greater than one year for reasons beyond the control of the CONSULTANT, the fees and rates of compensation  set forth in Section 4 shall be subject to re-negotiating.  6.3 CITY Control  Itis understood and agreed that the CITY shall have complete control of the services to be rendered, and that no work shall be done under this CONTRACT until the CONSULTANT is  instructed to proceed with the work. 6.4 Independent Agent  CONSULTANT and CITY agree that CONSULTANT and any officer, employee or agent of CONSULTANT, in the performance of this CONTRACT shall act in an independent capacity and  not as an officer, agent or employee of the CITY.  6.5 Compliance with Laws  CONSULTANT shall at all times observe and comply with applicable Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, in the  Page 60 of 25 Heath Standard Consulting Contract Printed: November 7,2023  106    execution of work in connection with this PROJECT, specifically and not limited to applicable laws relating to conflicts of interest. In particular, CONSULTANT is put on notice that CITY will require compliance with Chapter 176 of the Texas Local Government Code (hereinafter referred to as "Chapter 176") requiring any person who contracts or seeks to contract with the CITY to disclose potential conflicts of interest as defined in Chapter 176 by completing the attached Conflict of Interest Questionnaire and returning to the CITY in accordance with provisions thereof. Failure to comply with any applicable laws, including provisions of Chapter 176, may result in: () the forfeiture by CONSULTANT of all benefits of this CONTRACT; (i) the retainage by CITY of all services performed by CONSULTANT; and (ili) the recovery by CITY of all consideration, or the value of all consideration, paid to CONSULTANT pursuant to this  CONTRACT.  6.6 No Additional Work without Authorization  Any provision in the CONTRACT notwithstanding, it is specifically understood and agreed that the CONSULTANT shall not authorize or undertake any work pursuant to this CONTRACT, which would require the payment of any fee, expense or reimbursement in addition to the fee stipulated in Article 4 of this CONTRACT, without having first obtained specific written authority  therefor from the CITY.  6.7 Assignment & Sub-contracting  This CONTRACT shall not be assigned or sub-contracted in whole or part without the written  consent of the CITY. 6.8 Indemnification  CONSULTANT, its officers, agents and employees agree to assume responsibility and liability and shall waive any and all claims, release, indemnify and hold harmless, at CONSULTANT'S cost, the CITY, its CITY Council, its officers, agents, and employees from and against any and all claims, costs, demands, expenses, fines, judgments, losses, penalties, demands or suits for injuries, damages, loss, or liability of whatever kind of character, arising out of or in connection with the performance by the CONSULTANT of those services contemplated by the CONTRACT, to the extent that such damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT, its officers, agents, employees, consultants and subcontractors, whether orn not caused solely by the CONSULTANT, its officers, agents, employees, consultants or subcontractors or any other entity over which the CONSULTANT exercises control subject to the limitations in Texas Local Government Code, $271.904 and Texas Civil Indemnified items shall include reasonable attorney's fees and costs, court costs and CONSULTANT agrees that the CONSULTANT is solely responsible for the safety of  Practice and Remedies Code, $130.002(b).  settlement costs in proportion to the CONSULTANT'S liability.  Page7 7of2 25 Heath Standard Consulting Contract Printed: November 7,2023  107    CONSULTANT and its employees in the performance of this CONTRACT and agrees to hold harmless CITY, its officers and agents from and against any liability arising from the personal injury or death of the CONSULTANT or the employees of the CONSULTANT  arising out of or in connection with this CONTRACT.  6.9 Insurance  CONSULTANT shall procure, pay for, and maintain during the term of this CONTRACT, with a company authorized to do business ini the State of Texas and otherwise acceptable to CITY, the minimum insurance coverage contained in Appendix C, attached to and made a part of this Approval, disapproval or failure to act by CITY regarding any insurance supplied by CONSULTANT or its subcontractors or consultants shall not relieve CONSULTANT of full responsibility or liability for damages, errors, omissions or accidents as set forth in this CONTRACT. The bankruptcy or insolvency of CONSULTANTS insurer or any denial of liability by CONSULTANTS insurer shall not exonerate CONSULTANTT from the liability or responsibility  CONTRACT.  of CONSULTANT set forth in this CONTRACT.  6.10 Property  All data developed as part of or resulting from the services and work under this Agreement shall be and shall remain the sole and exclusive property of the CITY. Upon request from the CITY, CONSULTANT agrees to provide the data stored in the hosted GIS database to the CITY ina an ArcGIS file geodatabase. It is understood and agreed that the ownership of the original data provided by the CITY remains the property of the CITY, however, any and all custom functions, interfaces, stored procedures, or calculations developed with and requiring software development (source code, scripting, or machine language) and all other related information, data and software is and shall remain the sole and exclusive property of CONSULTANT and the CITY understands and agrees that this CONSULTANT property shall not be provided or  otherwise shared with others, including the CITY.  6.11 Governing Law  This CONTRACT has been made under and shall be governed by the laws of the State of Texas. The parties agree that the performance and all matters related thereto shall be in Rockwall  County, Texas. 6.12 Miscellaneous  Pursuant to Section 2270.002, Texas Government Code, CONSULTANT hereby (i) represents that it does not boycott Israel, and (i) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Contract. As used in the immediately preceding sentence, "boycott Israel" shall have the meaning given such term in Section 2270.001, Texas Government Code.  Page 8 of 25 Heath Standard Consulting Contract Printed: November 7,2023  108    CONSULTANT further represents that ()it it does not engage in business with Iran, Sudan or any foreign terrorist organization and (i) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, "foreign terrorist organization" shall have the meaning given such term in Section  2252.151, Texas Government Code.  6.13 Severability  Ifany part of this CONTRACT shall be stricken for any reason whatsoever or found to be invalid or unenforceable, that part will be severed, and the remainder of this CONTRACT will continue  ini full force and effect. 6.14 Survival  Any liabilities or obligations of a party for acts or omissions prior tot the cancellation or termination of this CONTRACT, and any other provisions of this CONTRACT which, by their terms, are contemplated to survive (or to be performed after) termination of  this CONTRACT, shall survive cancellation or termination thereof.  Page 9 of 25 Heath Standard Consulting Contract Printed: November 7,2023  109    7 - DOCUMENT EXECUTION  IN WITNESS WHEREOF, the parties have executed this CONTRACT the  day of  2023.  CITY OF HEATH  By:  Aretha Adams, CITY Manager  Attest:  Norma Duncan, CITY Secretary  Approved as to Form:  By:  CITY Attorney  CONSULTANT  By:  Jennifer Worthington, GIS Team Leader  Attest:  Secretary of the CONSULTANTS) Corporation  PCONSULTANTS firm isa a corporation, attesta anda affix corporate seal.  Page 10of25 Heath Standard Consulting Contract Printed: November 7,2023  110    Standard consulting Contracts Required Items of Service and  Deliverables  1. Attendance at a virtual preliminary kickoff meeting with CITY staff and project stakeholders and monthly status meetings or reports as necessary to maintain project schedule. 2. Preparation & distribution to project stakeholders of written minutes of all meetings and 3. Preparation & distribution to project stakeholders of written monthly project status reports outlining work/activities accomplished in the past month and activities planned for the next month. Schedule issues, milestones reached, action items identified, critical path tasks and decisions identified and team member assignments for critical activities should be 4. Submission of proposed geodatabase schemai for hosting and maintaining the CITY'S Utility 5. Preparation of a GIS Data Update and Maintenance Plan to be provided to the CITY in pdf 6. Development and implantation of a CITY web app portal, a public web app, and a secure web app for CITY staff. The CITY'S portal will serve as the landing page for city employees 7. Provide half-day virtual training session on GIS data editing and web map access for CITY 8. Provide hosted web services through 9/30/2024. The annual hosting agreement will automatically renew each year unless the CITY notifies Halff in writing at least 30 days prior  phone conversations.  highlighted in these monthly reports.  and Zoning GIS data.  format.  and public web map access.  staff.  to the annual renewal data.  Page 11 of 25 Heath Standard Consulting Contract Printed: November 7,2023  111    Appendix C  MINIMUM INSURANCE REQUIREMENTS  For consulting Service Contracts in the Amount of $50,000 of less: General Liability for bodily injury, death, or property damage with minimum limits of $1,000,000 per Occurrence, $1,000,000 General Aggregate, $1,000,000  Products/Completed Operations Aggregate.  General Liability must include coverage for Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors, Broad Form Professional Liability/Errors & Omissions coverage with minimum limits of $500,000 per  Property Damage, and PersonalAdverising Injury. Claim (with no less than a two-year ERP).  Auto Liability with minimum limits of $500,000 Combined Single Limit. The Certificate(s) must include a statement listing the CITY of Heath, Texas as  additional insured on the General Liability coverages.  Employers Liability with minimum limits of $100,000 Occupational Disease, $100,000 per The Certificate must include a statement providing a Waiver of Subrogation on the All Certificates must provide for at least 30-day's notice of cancellation and bear an All deductibles, self-insured retentions must be noted on the Certificates. Claims-made policies are only acceptable for the Professional Liability policy.  Accident, and $100,000 per Employee.  Employer's Liability, as well as the General Liability coverage.  authorized signature.  Declarations or copies of policies, in addition to a certificate of insurance, must be provided All coverages must be afforded by a carrier that is licensed or authorized to sell insurance in Texas and have an AM Best rating of A- and a financial solvency rating of VII or better.  ifre requested by the CITY.  Appendix C-1  112    For consulting Service Contracts in an Amount greater than $50,000: Aggregate, $1,000,000 Products/Completed Operations Aggregate.  General Liability with minimum limits of $1,000,000 per Occurrence, $1,000,000 General General Liability must include coverage for Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors, Broad Form Property Professional Liability/Errors & Omissions coverage with minimum limits of $1,000,000 per  Damage, and PersonalAdvertising Injury. Claim (with no less than a two-year ERP).  Auto Liability with minimum limits of $500,000 Combined Single Limit required. The Certificate(s) must include a statement listing the CITY of Heath, Texas as  additional insured on the General Liability coverages.  Employers Liability with minimum limits of $100,000 Occupational Disease, $100,000 per The Certificate must include a statement providing a Waiver of Subrogation on the All Certificates must provide for at least 30-day's notice of cancellation and bear an  Accident, and $100,000 per Employee.  Employer's Liability, as well as the General Liability coverage.  authorized signature.  All deductibles, selfinsured retentions must be noted on the Certificates. Claims-made policies are only acceptable for the Professional Liability policy.  Declarations or copies of policies, in addition to a certificate of insurance, must be provided All coverages must be afforded by a carrier that is licensed or authorized to sell insurance in Texas and have an AM Best rating of A- and a financial solvency rating of VII or better.  ifre requested by the CITY.  Appendix C-2  113    APPENDIXA  Scope of Services, Fees and Rate Schedule  A. Overview  Halff Associates, Inc. (Halff) is a member of the Esri Partner Network and offers a hosted Geographic Information System (GIS) solution to support local governments with Public Works asset and capital project management activities. This hosted solution uses Esri's ArcGIS platform to deliver web maps and mobile GIS applications for the collection and management of water, wastewater, stormwater, streets, traffic and other utility networks or reference layers As requested, and directed by the CITY of Heath, CONSULTANT will develop an enterprise GIS hosted solution. This enterprise GIS will initially be based on the CITY'S existing utility and zoning data but will also allow for the creation of future datasets. CONSULTANT has extensive experience developing and hosting GIS solutions. CONSULTANTS hosting capabilities allow CITY staff to access their GIS data via web maps using current web browsers running on  needed to support the management of local government infrastructure.  desktop, laptop, or mobile devices.  B. GIS Enterprise Database and Hosted Web Services Development  GIS Enterprise Database Development  1. CONSULTANT will review the CITY'S existing GIS utility, zoning, and other provided data to develop the initial enterprise GIS database. This geodatabase design will be presented to the CITY for comment to ensure the required asset and zoning layers, along with data attributes, are properly represented. CONSULTANT will address the In addition to the CITY'S existing data, the following data layers will be acquired, or  CITY'S comments and then will finalize the initial geodatabase.  referenced, for the GIS system: 1. Rockwall & Kaufman County CAD Parcels 2. FEMA Floodplains 3. Streams and water bodies 4. Political Boundaries  5. Available imagery 6. Available benchmarks also be added  7. Other publicly available datasets can  114    2. Upon approval of the enterprise geodatabase schema, CONSULTANT will begin incorporating the CITY'S GIS datasets and public data to populate the database. Necessary data access permissions will be established and implemented on the  database.  ii. GIS Data Update and Maintenance Plan  CONSULTANT will develop a Data Update and Maintenance Plan. The plan will provide the CITY with recommendations for GIS data updates, future GIS data development, and maintaining the existing GIS data in preparation for the CITY'S eventual move to asset  management with OpenGov. iii. Web Map and ESRI Site Development  CONSULTANT will develop a CITY web app portal using ESRI's ArcGIS Enterprise Sites, and two (2) web map applications with Esri's ArcGIS Portal. Sites and web maps developed with ArcGIS Portal can be accessed from a variety of standard current web browsers that support JavaScript, for example Edge, Firefox, Chrome, and Safari. The standard web map platform includes the functionality to zoom, pan, toggle feature layers on and off, search by address, identify features, edit features, print, and view feature layer attribute tables. A variety of base map options will be available; including aerial imagery and street maps, and the user will be able to toggle between them. 1. Public Web Map - This web map will be deployed as a publicly available site. This site will display the basic information that the CITY would like presented to the general public, but the end user will not be required to log into the site to view the data. 2. Secured Web Map = This web map will be deployed as a restricted site for use by CITY staff only. Through this web map, CITY staff will be able to view all GIS data layers such as utilities and make edits as needed. This map will include the functionality to buffer properties and get mailing addresses for public notifications. CONSULTANT will develop draft CITY web app portal and web map designs which will  be presented to the CITY for comment before these are finalized.  iv. Training  CONSULTANT will provide half a day of virtual training for CITY staff. This training session will cover the available datasets within the CITY'S GIS database, as well as Training documentation to be provided, both written "how-to" manuals and recording of  how to use the web maps. virtual training with CITY staff.  C.GIS Hosted Solution  CONSULTANT will provide the computer resources required for the hosted solution, which will include the GIS database, web maps, and mobile GIS application. Hosting services will  115    be included during the initial database development, web map development and mobile GIS configuration tasks identified as part of the Scope of Services. CONSULTANT will provide general support for city staff up to 20 hours annually for the hosted solution. The 1. Troubleshooting and answering questions through email, phone, and video  general support includes items below:  conference communication technologies. 2. Managing user accounts on the Web Map Portal. 3. Updating Esri's GIS applications as applicable.  CONSULTANT will continue providing hosting services on an annual basis to coincide with  the CITY'S fiscal year. D.A Additional Services  Additional services may be requested by the CITY on a task order basis. CONSULTANT will develop a separate scope of services and fee schedule for each additional service and obtain approval from the CITY prior to initiating work on the additional services. Such task  orders shall be bound by and interpreted by the terms of this Agreement.  E. Service Level Agreement  Hosting Environment The web maps and GIS database will be hosted on CONSULTANT'S corporate servers which physically reside in Richardson, TX. CONSULTANTS IT department has a formal backup and disaster recovery plan in place which includes offsite virtualized servers, emergency power backup (short term and long term), and redundant internet connections. The hosting service includes server monitoring, data backups, security and user account administration, database administration, web map monitoring, and access to the ArcGIS Field Maps App ii. Level of Service - CONSULTANTS server availability goal is 99.0% fully operational for our hosted solutions, excluding regularly scheduled maintenance. iii. User Access - The hosted solution requires the use of named user accounts to access the web maps and mobile GIS applications, unless specifically published for public consumption. License allocation included with the annual hosting services for the  (Os/Android).  CITY of Heath will be: a. Four (4) Viewer accounts b. Three (3) Editor accounts  C. - Two (2) Field Data Collector add-on licenses  iv. Support - CONSULTANT will provide twenty (20) hours of support annually through V. Annual Hosted Solution Term and Fee = The hosted solution provided by CONSULTANT will have ai term of 1 year witha ai fee of$7,000. The hosting feeincludes the hosting environment, level of service, user access and support. Additional user access licenses and support hours can be added at any time, the annual hosting fee will be adjusted based on the rate schedule. The annual hosting agreement will  email, phone, and video conference communication technologies.  116    automatically renew each year unless the CITY notifies CONSULTANT in writing at  least 30 days prior to the annual renewal data. . Named user Viewer license ii. Named user Editor license iv. Survey 123 add-on license** V. Quick Capture add-on license** *License fees are subject to change from Esri.  vi. Annual rates for additional GIS named user access licensing*  $150/user/year 250/user/year $100/user/year $100/user/year  iii. Field Data Collector add-on license** $100/user/year  **All add-on licenses are based on Editor license. The total cost of the Field Data Collector, Survey 123 or Quick Capture license per user per year is equal to the cost of Editor license per use per year plus the add-on license per user per year which is  $200 + $150 = $350/userlyear. Channelization  F. Scope of Services & Fee Schedule  Task ID  Task Name 1 GIS Data Review GIS Geodatabase 2 Design and Schema GIS Data Collection 3 and Geodatabase Population 4 Data Update and Maintenance Plan Development of 5 Public and Secure Web Apps  Description  Estimated Cost $6,300 $6,900 $16,500 $6,800  GIS data review of existing CITY datasets Design enterprise geodatabase schema and provide to CITY for review & approval Compile city and basemap data from city and public sources Populate enterprise geodatabase and set data access permissions Development of CITY data update and maintenance plan Development of CITY ESRI ArcGIS Site Development of public and secured web maps for CITY staff Present Site and web maps to CITY staff for review & approval Provide hosted web services through 9/30/2024 Virtual training session for CITY staff for web map access and data editing 0.75% of total invoice to Texas Department of Information Resources (DIR), billed monthly based on invoiced amounts. The rate of the administrative fee is subject to change per  $10,725  6 Staff Training  $2,400 $375 $50,000  DIR Administrative  7 Fee  DIR's notice.  Total GIS Services  117    Quoted fees will not be exceeded without prior approval from the CITY. ii. Invoicing for services and DIR administrative fee will be monthly.  iii. Invoicing for hosting fees will occur annually to coincide with the fiscal year on a lump iv. Direct costs, including printing, plotting, reproduction, postage, messenger service, specialized equipment (such as GPS), and vehicle mileage will be considered reimbursable and will be billed at 1.10 times the direct cost incurred, see Exhibit Bi for V. Unless otherwise stated, fees quoted ini the agreement exclude state and federal sales taxes on professional services. Current Texas law requires assessment of sales tax on certain kinds of surveying services but does not require sales taxes on other professional services. In the event that new or additional state or federal taxes are implemented on the professional services provided under this agreement during the term of the work, such taxes will be added to the applicable billings and will be in vi. The fees and budgets established above do not include revisions once the project is underway. If revisions are requested, a revision to the scope and budget will be  sum basis.  current unit pricing schedule.  addition to the quoted fees and budgets.  required.  118    APPENDIX B  A. Rate Schedule  i. As summary of current hourly billing rates for miscellaneous services  Unit of DIR Customer Issue Hourly $92.69 Hourly $139.04 Hourly $101.96 Hourly $120.50 Hourly $148.30 Hourly $203.92 Daily Daily Daily Daily  Service Name  Service Description  Price EACH/Per Unit  GIS Analyst Advanced GIS Analyst Geospatial Analyst Advanced Geospatial Analyst UAS Pilot Geospatial Manager UAS Photogrammetry UAS LIDAR Terrestrial LIDAR Mobile LIDAR  GIS Services GIS Services GIS Services GIS Services GIS Services GIS Services Geospatial Mobilization Service Geospatial Mobilization Service Geospatial Mobilization Service Geospatial Mobilization Service  $556.14 $4,634.50 $787.87 $7,415.20  B. Standard Unit Pricing Schedule (as of October 2022)  Unit Code  Unit Description  Unit of Measure Per Sq Ft Per Sq Ft Per Sq Ft Per Delivery Per Delivery Per Mile  $ per Unit $2.50 $1.00 $4.00 $15.00 $40.00 *Current Federal Rate  Reproduction  PLTCSF Plots - Color - Sq Ft PLTBSF Plots - B&W - Sq Ft FCMNT Foam Core Mount DELIV1 Delivery / Courier In Area DELIV2 Delivery / Courier Out of Area EMILES Unit Based Miles for Expense  Other  119    EXHIBIT C-1 Esri Supplemental Terms and Conditions (Flow Down Provisions) A. Flow-Down Terms and Conditions for Hosted Solutions. Client understands that the following flow down provisions andt the terms and conditions contained. herein must be expressly accepted prior to performancel by CONSULTANT of any oft the services contained: int this Agreement. Acceptance by Client canl be: acknowledged by initialing: andj providing: date ofi initialing in each page of the footer oft this Agreement andl by executing thej places shown. Client's acceptance oft this Agreement, and the Esri Supplemental Terms and Conditions as contained in this Exhibit Ca are required prior toj pertormance of any services under this Agreement. Note alsot that CONSULTANTS services may involve the use ofi information that may involve restrictions on use: and possession, as established by Esri. These restrictions may include the terms ofu use and use restrictions as contained ina a Master Agreement between CONSULTANT: and Esri. CONSULTANT: shall use reasonable efforts toi inform Client ofs such restrictions and Client understands and acknowledges that there may! be additional limitations and requirements as may be contained: in and applicable to Authorized. Sublicensel Material ina a Hosted Solution as authorized by Esri and described in the Sales. Authorization application and approved by Esri. The following flow-down provisions apply tot the relationship created in this Agreement between Client and  CONSULTANTand: also, tot the extent reasonable, to Client with respect tol Esri requrements.  B. Client understands, accepts and agrees as follows:  Tot the fullest extent permitted by applicable law, Esri andi its licensors' liability, including CONSULTANTS) liability, is disclaimed and otherwise waivedi in full for any damages orloss of any kind, whether direct, special, indirect, incidental, Or consequential,: arising from the use ofthe. Hosted Solutions including, but not limited to, liability for use of Hosted Upon notification from the CONSULTANT oft thet termination oft the CONSULTANTS! Esri Partner Network Agreement, Client shall @) cease access and use oft the Hosted Solution, and (i) clear any client-side data cache derived 111. Client, shall, as thel Hosted Solutionl End User, comply fully with all relevant export laws andi regulations ofthe United States, including, but not limitedt to, thel Export Administration Regulations (EAR), includingprohibited end users and end uses as (ittps/lwww.bis Mocgov/ndephp/daumeme/ryuihtionas/2Hipm74t-controlpolice enduxerand-enduse based-2/file and htps//ww.bisdocgow/misphp/laament/regulations HAtspptones International Traffic in Arms Regulations (ITAR); and the United States Department of Treasury, Office ofl Foreign. Assets Control (OFAC) regulations, and to ensure that Esriproducts, or any direct product thereof, are not exported, reexported, transferred, diverted, used, or accessed, directly Or indirectly, in violation of any United States export laws and regulations. When: applicable, CONSULTANT: and any Hosted Solution End Users will provide Esri withi information: about CONSULTANT and Hosted Solution End Users' export and distribution activities as may be required for Esritoi meet its iv. Client shall prohibit the removal or obscuring of any patent, copyright, trademark, proprietary rights notices, or legends containedi in Or affixedt to any Authorized Sublicensel Material, output, metadata file, or onlineor hard-copy attribution page Disclaim allt terms in thel Partner Network Agreement between Esri and the CONSULTANT for AuthorizedSubicense Material. Neitherl Esri, CONSULTANT: nor any Esri or CONSULTANTI licensors warrant that Data and. Authorized Sublicense. Material will meet the Client's, as Hosted Solution End User's, needs or expectations; Further, Client, as anl Esri or CONSULTANT licensor, understand: and agreet that the use ofl Data, Authorized. Sublicense Materials, and Hosted Solutions shall notl be guaranteed or uninterrupted; ort that alli nonconformities can or willl bec corrected. Client further understands, agrees and: accepts that neither Esri nor CONSULTANTI have provided: any guarantee or warranty (warrantee) and that alli implied warranties are expressly revoked and: arei inapplicable tot this Agreement and that licensors (including Client) arei not inviting reliance onl Data in Authorized: Sublicense Materials, and that Client, as thel Hosted Solution End User, should always verify actual Data inAuthorized Sublicense. Materials. Any warranty offered, if any, shall only apply between offeror and receiver. Notwithstanding the previous sentence, Client understands, accepts and: agrees that neither CONSULTANT: nor Esri offers or extends any warranties ori indemnities to Client, as Hosted Solution End User, as such Vi. Client, as thel Hosted Solution End User, is specifically prohibited from using Authorized. Sublicense. Material for any revenue-generating: activities. Authorized Sublicense Material in! Hosted Solution is for the internal use of Client, as vii. Client, as the Hosted Solution End User, is specifically prohibited from using Authorized Sublicense. Material viti. Client, as thel Hosted Solutionl End User, understands, accepts and agreest that it is prohibited from storing, caching, using, uploading, distributing, or sublicensing content or otherwise using Authorized Sublicense Materiali in violation of Esri's or CONSULTANT'S. or at third-party's rights, including intellectual property rights, privacy rights, nondiscrimination laws,  Solutions inl high-risk activities orl liability relatedt to any Data supplied by Esri.  fromt thel Hosted Solution.  referenced: in Part 44 and Supplement No. 4t tol Part 44 of thel EAR  obligations undert the United States export controll laws and regulations. ofa any Data with respect to Authorized Sublicense Material.  may relate to the. Authorized Sublicense. Material. Hosted Solution End User, and CONSULTANT only. independently fromH losted Solution ori in any other product or service.  export laws,or any other applicable law or regulation.  120    ix. Client, agrees, understands and: accepts that itisl Prohibited: froms sharing Named Userl logino credentials. These credentials aref for Client only, ast the designated Hosted Solution! EndUser, and may not bes shared with other individuals. Al license may be reassigned to anotherHosted Solution End User if the former user no longer requires access to the Hosted  Solution.  121    CONTRACTING WITHTHE CITY OF HEATH Updated: January 8, 2016 Conflict of Interest Questionnaire And Disclosure of Interested Parties (Form 1295) YOU WILL BE REQUIRED TO COMPLY WITH THE FOLLOWING:  Chapter 176 of the Texas Local Government Code is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclosure of employment and business relationships local government officers may have with contractors, consultants and vendors who conduct business with local government entities. The law applies to any written contract for the sale or purchase of real property, goods or services. Further information regarding Texas Conflict of Interest laws and the Conflict of Interest Questionnaire (Form CIQ) can be found at the Texas Ethics  Commission web site at the following web address: ttps/www.ethicsstate.tKUSlinginfo/contict forms.htm  PLEASE COMPLETE THE. ATTACHED FORM CIQ AND SUBMIT WITH YOUR RESPONSE. Section 2252.908 of the Texas Government Code was enacted in 2015, by the Texas Legislature pursuant to HB 1295, which provides that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties law and Form 1295 can be found at the Texas Ethics Commission web site at the following web  address:  ttps/www.ethics.state.XUSMel: info form1295.htm  PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS  COMMISSION.  122    CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the By law this questionnaire must! bei filed with the records administrator oft the local governmental entity not later than the 7th business day after the date the vendor becomes aware off facts that require the statement to be AV vendor commits an offense ift the vendor knowingly violates Section 176.006, Local Government Code. An Name of vendor who has al business relationship withl local governmental entity. There are nol known business relationships between Halff Associates, Inc. or any of  FORM CIQ OFFICEUSEONLY  vendor meets requirements under Section 176.006(a). filed. See Section 176.006(a-1); Local Government Code. offense under this section is a misdemeanor.  its employees or principals with the City of Heath.  2]  Check thish boxifyouaref filing an update to aj previously filed questionnaire. (Thel lawr requires thaty youf file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which  you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whomi thei informationis being disclosed.  None Name of Officer  Describe each employment or other business relationship with thel local government officer, or ai family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with thel local government officer. Completes subparts Aand Bf fore each employment or businessrelationshipdescribed. Attach: additional pagest to this Form  CIQ as necessary.  A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,  other than investment income, from the vendor?  Yes  No  B. Ist the vendor receiving or likely tor receive taxable income, other thani investment income, from or at the direction oft the local government officer or a family member of the officer AND1 thet taxable income is not received from the  local governmental entity?  Yes  No  Describee eache employment or business relationship thati the vendor namedi in Section1 1 maintains witha corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an  ownership interest of one percent or more.  None  N/A Checkt thish boxi ift the vendor has given the local government officer or af family member oft the officer one or more gifts as described in Section 176.003a)(2/(B), excluding gifts described in Section 176.003(a-1).  7  Signature of vendor doing business with the governmental entity  Date  123  Form provided by Texas Ethics Commission  www. ethics. state. tx.us  Revised 11/30/2015    CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental. entity  Acomplete copy of Chapter 176 of the Local Government Code may be found ath ntp/www.statutes.legis.siate.Ikus DoslGntm.@i78.ntm. Fore easy reference, below are some oft the sections cited on this form. Local Government Code S 176.001(1-a): Business relationship" means a connection between two or more parties based on commercial activity of one oft the parties. The term does noti include a connection based on: (A) a transaction that iss subject to rate or feer regulation! bya af federal, state, or local governmental entity ora an (B) at transaction conducted: at a price and subject to terms available to the public;or (C) ap purchase orl lease of goods or services from a person thati is chartered! by as state ort federal agency and thati is subject tor regular examination by, and reporting to, that agency. (a). Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if:  agency ofaf federal, state, or local governmental entity;  Local Government Code S 176.003(a)2XA) and (B):  (2) the vendor:  (A) has an employmentor other business relationship with the local governmentoficer. ora family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period (i) acontract between thel local governmental entity andy vendor has been executed; () the local governmental entity is considering entering into a contract with the (B) has given tot thel localg govemment officeroraf family member oft the officer one or more gifts that have ana aggregate value of moret than $100 int the 12-month period preceding the date the () acontract between the local governmental entity and vendor has been executed; or (i) the local governmental entity is considering entering into ac contract with the vendor.  preceding the date thatt the officer becomes aware that  or vendor;  officer becomes aware that:  Local Government Code S 176.006(a) and (a-1) witha al local governmental entity and:  (a), Avendor shall file ac completed conflicto of interest questionnaire ift the vendor has al business relationship (1) has an employment or other business relationship with al local government officer of that local governmental entity, ora at family member oft the officer, described! by Section 176.003(a)12)A); (2) has given al local government officer of that local governmental entity, or ai family member of the officer, one or more gifts witht the aggregate value specifiedk by Section 176.003(a)(2)B), excluding any (3) has ai family relationship with al local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire mustb be filedv with the appropriate records administrator  gift described! by Section 176.003(a-1);or notl later than the seventh business day after thel later of: (1) the date that the vendor: entity;or  (A) begins discussions or negotiations to enter into a contract with the local governmental (B) submits tot thel localgovemmental. entity an application, response toar request for proposals or bids, correspondence, or another writing related to a potential contract with the local (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); jor (C) ofaf family relationshipi witha al local government officer.  governmental entity;or (2) the date the vendor becomes aware:  124    CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business Name of governmental entity or state agency thati is a party to the contract for  FORM 1295 OFFICEUSEONLY  entity's place of business. whichi thei form is being filed.  Provide the identification number used by the governmental entity or state agency to track ori identify the contract,  and provide a description of the goods or services to be provided under the contract.  City, State, Country (place ofl business)  Nature ofl Interest (check applicable)  Name of Interested Party  Controlling  Intermediary  5 Check onlyi ift there is NOI Interested Party.  AFFIDAVIT  Iswear, or affirm, under penalty of perjury, that the above disclosure ist true and correct.  Signature of authorized agent of contracting business entity  AFFIX NOTARY STAMP I SEAL ABOVE Sworn toa ands subscribed! beforer me, byt thes said_  this the  day  of  20  too certify which, witness my hand ands seal ofc office.  Signature of officer administering oath  Printed name of officer administering oath.  Title ofc officer administering oath  ADD ADDITIONAL PAGES AS NECESSARY  Form provided by Texas Ethics Commission  www.ethics.: state.tx.us  Adopted 10/5/2015 125    I halff  August 22,2023 P54287 Mrs. Matthew Holzapfel City of Heath 2001 Laurence Dr Heath, TX75032  Re: Proposal for GIS Database Development: and Hosting  Dear Mr. Holzapfel,  We are pleased toj present the following scope of services and fee schedule to perform professional Geographic Information System (GIS) services for the City of Heath. Per our discussion, the City would like Halff Associates to develop ai five year plan for creating and maintaining an enterprise GIS database and provide hosting services for this database. Thei initial GIS database willl be developed from the City's existing GIS data layers and public available GIS data for the City. This proposal outlines thet tasks that will be performed to support the City's needs to assess, inventory, and maintain the available data that willl bei included in the GIS database, web maps, and mobile GIS This contract proposal includes the following items: Halff's Agreement for Professional Engineering Services on al Defined Scope of Services Basis and Exhibit' 'A' - Scope of Services, Fees and Rate Schedule. The fee for GIS Data development is estimated ini the amount of $50,000 per year, fora total off five years, with billings made monthly. The fees quoted ini this proposal willl be honored for upt to 60 days from the date oft this proposal. The signed Agreement by both parties will serve as Notice tol Proceed (NTP). GIS services will begin upon NTP and following the kick-off meeting with We trust this proposal meets your requirements for this project. We appreciate the opportunity to be of service to you, and trust that our association on this project will be mutually beneficial. Please feel free to contact usi ifyoul have any questions or comments concerning this proposal.  applications.  the City of Heath.  Sincerely, HALFF  leHhngfn Jennifer Worthington, CFM GIS Team Leader  4000 Fossil Creek Blvd., Fort Worth, TX 76137 I halff.com  126    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.e  Item:  Discussion and Action Regarding Award of Contract for Design of Public Works Building and  infrastructure improvements. (M. Shook)  Background:  The City of] Heath isi issuing bonds for design and construction ofa a new. Public Works Facility adjacent to the current public works building. Priori to announcing his departure, Matt Holzapfel selected Freeman- Millican to negotiate scope and cost to design and prepare plans and specifications fori the new public works facility. The total project budget is $6,250,000 with a contingency of 20% ($1,250,000)! leavinga Thei newi facility will have office space (11 offices) for ultimate needs of the public works department along with al breakroom, conference room, men and women's] lockers, sleeping quarters for emergency situations, storage and warehouse facilities. The warehouse areai is anticipated to: meet ultimate needs but iss set up tol be easily expanded ifi needed ini the future for instance: ift the: future Parks Department does not become its' own department. The office area oft thel building is about 5,880 SF and the Shop/Warehouse areai is 4,800 SFi in size for at total footprint ofi 10,680 SF. With the upstairs area for  construction budget of $5,000,000.  storage, the usable spacei is 11,840 SF. Financiall Impact: Legal Impact: NA NA  This] project isi funded ini thel bond sale for the Park, Fire Station, and Public Works Building.  Comprehensive Plan Impact:  Staff Comments:  The proposed design contract fori the project lists the work: items necessary to design and obtain Federal,  State, and Local permit approvals to construct thei facility.  127    Compliance Summary: Staff Recommendation: Staff recommends approval. Attachments: Schematic Sitel Plan 11-2023-pdf A1.1 SCHEMATIC FLOOR PLAN.pdf A2.1 SCHEMATIC BUILDINGSECTIONSpAI  Thej project will be designed to meet current Federal, State, and Local design and code requirements.  128    8  CT TC  E  CITYOFHEATH PUBLICV WORKS SERVICE CENTERADDITION 17.47ACRES    20'-0"  MEANE  ETL  SOM  OSCMEBMATCFLOORPANET 11,840SF GROSS  fm FReeman-luucan.inc.  CITYOFHEATH  SCHEMATICFLOORPLAN  PRELI NARY A1.1    BETWEEN  L  CES SPACES 10'-0"  @SCHEMATICE BUILDINGSECTIONAA  SCHEMATICE BUILDNGSECTIONBB  fm Fpceman-laucan.ine.  CITYOFHEATH  SCHEMATIC BUILDING SECTIONS  PRELI NARY A2.1    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.f  Item: (R. Dormier) Background:  Discussion and. Action Regarding a Bid: for: 300 HP Motor and Pump for Pump Station No.1in] Rockwall.  The city of Heath receives NTMWD water from the city of Rockwall via Heath's Pump Station on Townsend Drive in Rockwall. The Pump Station currently has 2- 300 HP motors and pumps and 1-200 HP motor and pump with ai firm pumping capacity of 6,800 GPM (9.81 MGD) withi thel largest pump out of service (as required by TCEQ). The purpose oft this] project is to replace the: 20+ year old: 200 HP motor and pump with ai new; 300 HP motor and pump to increase the reliability of the pumping system. Replacing a 200 HP motor with ai new; 300 HP motor will increase the firm pumping capacity to 8,000 GPM (11.5 MGD) with thel largest pump out of service. This will also put a new motor online, replacing a  20+ year old motor and pump. Financial Impact:  This funding for this project isi included ini the current budget; however, the low bidder price exceeded  thel budget amount by about $90,000.  Legal Impact: None None  Comprehensive Plan Impact:  Staff Comments:  The goal of this project will bet tol have thei new pump installed before. June 1, 2024. This will be dependent upon manufacturing time and delivery oft thei motor and pump. Pump manufacturers have indicated to staff that thej pump delivery would meet this schedule with expedited review and approval of shop drawings; however wel have no control over the manufacturing and delivery process and sO ati this  time there is no guarantee the: stated goal will bei met.  132    ComplanceSummaryt  The addition oft the new and larger pump willi increase reliability oft thej pumping system furthering  compliance with firm pumping capacity with thel largest pump out ofservice.  Statfkecommendation:  Since the project is out ofbudget, Staff has researched other possible solutions to this project. The Cityi is al member ofThe Interlocal Purchasing System (TIPS) which is similar toi the Buy Board. It appears that the: 300 HP motor and pump can bej purchased through TIPS directly by the City and upon delivery hire a third party to install the newj pump and motor. As oft this time, our research indicates thej project can be done through TIPS and ani installation company within the City budget amount. It also appears the delivery time and completion may be ai few weeks soonert than the 180 days allowed int thel bid documents. Based on a possible quickerinstallation: and ability to construct the project closer tot the $250,000 budget, staff recommends rejecting alll bids and authorizing City stafft toj pursue purchase ofthe 300 HP  motor and pump through TIPS.  Attachments:  Bid tabi for 200HP Pump Repalcement Project.pdf  133    BID TABULATION - GENERAL CONTRACTOR OWNER: CITYOF HEATH PROJECT: Replace 200HP Pump, Motor, and Butterfly Valve Pump Station No.1 City Contract No. 2023-001 ENGINEER: Freeman-Milican, Inc. BIDDATE: 2:00P.M., OCTOBER 19, 20231 ITEMNO. DESCRIPTION Remove existing 200HP Pump and! Motor and P.1 furnish andi install a new3 300HP Pumpa and Motor, Remove existing 16" Butterfly Valve andi furnish P.2 and installa a new 16" Butterfly' Vave and electric 1 L.S. 50,000.00 operator. P.3 Remove the existing coupling and furnish andi install ar new flex coupling on the pump discharge Furnish andi install new P.4 adjustable pipe supports ont the three pump 3 EA. 3,666.67 discharge pipes TOTAL AMOUNT OFE BID (Bid Items P.1-P.4)  Contractor TAKNEK, LLC  Contractor Gracon Construction, Inc.  Address 4400 West US-82 Address 4343L Lasater Road City, State Gainesville, TX 76240 City, State Mesquite, TX7 75181 QUANTITY/UNIT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT  Phone 940-580-0462  Phone 972-222-8533  1 LS. 260,000.00  $260,000.00 458,000.00 $50,000.00 30,000.00 $20,000.00 5,000.00 $11,000.00 4,500.00 $341,000.00  $458,000.00 $30,000.00 $5,000.00 $4,500.00 497,500.00  1 L.S. 20,000.00  ADDITIVE ALTERNATE! BID  AA-1 Level the existing Pump Cant flange on Pump 1 L.S. No.1ifDirected! by Owner. Number of Days  14,000.00 $14,000.00  21,000.00  $21,000.00 180D Days  180 Days  NOTE: *Unit Prices in Words and Numbers not Shown on Proposal of Taknek LLCI Bid  LARRYJ. FREEMAN: 29907  10.19.2023    HEATH.  CITY ofHEATH City Council Agenda Brief  MEETING DATE: 11/14/2023  AGENDA ITEM: 6.g  Item:  Discussion Regarding the City's firefighting system and related capital improvement project/R.Dormier)  Financial Impact: Legal Impact: Unknown NA  Updates of areas with insufficient fire flow will impact the water CIP.  Comprehensive Plan Impact:  Staff Comments:  Thisi item will provide information for a discussion regarding areas of the City with small water lines where the current Fire Code required: fire: flows are: not available. Historically, required firei flows have increased when newi fire codes are adopted. For many years, the required: fire flow was 750 gallons per minute (GPM) fori 1hour. Ini recent years itl has grown to 1,000 GPM for houses 3,600 SF or less and 1,500 GPM: for houses larger than 3,600 SF. Many oft the areas deficient in water line size are the result ofa acquisition of areas previously served by Water Supply Corporations which were not required to  provide firei flow.  135