MINUTES HEATH CITYCOUNCIL COUNCIL REGULAR CALLED MEETING TUESDAYJUNE 27, 2023 at 6:30 PM  ATTENDING: KELSON ELAM, MAYOR  PAULRUFFO, MAYOR PROTEM SHARON CALDWELL JIM CHESTER DONNA ROLATER BRENT WEAVER RICH KRAUSE  ABSENT:  Mayor Kelson Elam called to order the Regular meeting at 6:30 p.m. Councilwoman Donna Rolater  delivered the Invocation and led the Pledge of Allegiance.  2. Public Comment 3. Consent Agenda  No one: signed up to speak at the open forum.  3.a Action Regarding the Minutes oft the. June 13, 2023 Regular Meeting.  MOTION: APPROVE CONSENT AGENDA, ITEMA 4.a REGARDING THE JUNE 13,  2023 MINUTES. MOTION MADE: SECONDED: APPROVED: ABSENT:  WEAVER ROLATER KRAUSE  PASSED UNANIMOUSLY BY7 THOSE PRESENT  (Mayor Elam recused himself from thej following item at 6:31 p.m.)  4.a Case No. ZA-2023-02: Conduct a Public Hearing and act on an application for a zoning change from (TH) Townhouse Residential District to (PD) Planned Development for Agricultural and Yacht Club Uses for 10.757 acres of property addressed as 320 Rush Creek Drive and used as Rush Creek Yacht Club. The propertyi is further described as aj portion of the Cary Cobb Survey, Abstract No. 63, City of Heath, Rockwall County, Texas. The application does not seek a zoning change for the 1.88 acres developed as townhomes within the boundaries of the Director of Planning Aaron Adel stated that this item was for a Public Hearing for a zoning change from (TH)Townhouse Residential District to (PD) Planned Development for Agricultural and Yacht Club Uses fori 10.757 acres of Rush Creek Yacht Clubj property. The application does not seek a zoning change for the 1.88 acres developed as townhomes within the boundaries of the subject property. Notice was published in the Dallas Morning News, posted on the City of Heath website, and mailed to 30 neighbors within 500' of the property on May 26, 2023. Seventy-one expressions of support were received, including 30 within the 500' boundary. No responses in opposition were received. The owner is Rush Creek Yacht Club (RCYC). The Future Land Use Map indicates Private Recreation and Townhomes which conforms to the proposed (PD-A) Planned Development for Agricultural and Yacht Club Uses. The current zoning designation of (TH) Townhouse Residential District, would allow for townhomes by right for all the property. The current zoning designation does not conform to the Cityof Heath's Future Land Use Plan and is contrary to the RCYC's mission. The proposed zoning change creates consistency with the current use as a Yacht Club and ancillary uses, protects the mission of the RCYC to promote the sport of sailing, conforms to the 2018 Comp Plan's Future Land Use Plan and conforms to the "Private Recreation" definition and guidelines in the 2018 Comp Plan that provides for private  subject property. (Rockwall CADID No. 21618).  City Council Minutes- - June. 27, 2023  Page Iof5    marinates and similar private uses and states this usually occurs through Planned Development (PD) zoning.' Permitted Uses in the new PD would be: Yacht club clubhouse, swimming pool, maintenance area, recreation area/Courts/faclitues, education and school, and caretaker quarters. Prohibited Uses in the new PD would include farming, ranching, and related activities, single- family dwellings, duplex or multi-family residential, Home occupations, Facilities for raising The PD generally conforms to the Comprehensive Plan. The proposed zoning change reflects the use oft thel land and conforms to the development ini the vicinity as shown on the zoning map. The application initially proposed the following four considerations, shown in italic font, that vary from the City's Code of Ordinances and/or require discretion when the base zoning of (A) does 1.A Any additions, modifications, or amendments to the Site Plan shall be approved admnistratively. Iti is the City's practice to require site plan approval for all non-residential development. The Code of Ordinances does not include a process to approve site plans administratively. The Planning and Zoning Commission's recommendation included a revision to the draft ordinance to require site plan approval in accordance with the Heath Code of Ordinances, Section 159.70 SITE PLAN APPROVALS. This recommendation has 2. Maximum Building/Lot Coverage shall not exceed 45% ofthe gross area. RCYC proposes 45% to accommodate parking and possible future expansion/new clubhouse construction. The (A) District does not regulate a lot coverage percentage. For reference, the maximum lot coverage allowed in residential districts is 35%. Local Retail allows 40% coverage by buildings and a maximum impervious coverage of 65%; Councilman Weaver recommended adding clarifying language that would establish distinction between maximum impervious coverage of 45% and maximum building coverage of 15% of the lot up to a maximum 3. Maximum height of any building or structure shall not exceed 3 stories or 45. The maximum allowed height ini the (A)district is 35'.Other non-residential districts limit height to_25' and require a CUP for heights that exceed 25. The Planning and Zoning Commission's recommendation included the following revision to the draft ordinance: "The maximum height of any building shall not exceed one (1) story, with a maximum structure height not to exceed twenty-five feet. Any building over one story and/or twenty-five feet in height shall require the approval of a Conditional Use Permit (CUP) during the review ofa Site Plan application." - This recommendation has been incorporated into the draft ordinance 4.All parking shall be permitted in its current state as of the effective date of this Ordinance and generally conform to the location and dimensions shown on the Site Plan. All new parking shall conform to the City of Heath Code of Ordinances Sections 159.60-159.68. There are locations of parking on unimproved surfaces noted on the site plan. Some of the Action by the Council should address each oft the following variances from the Code of Ordinances as requested by the applicant, in summary:1. Any additions, modifications, or amendments to the Site Plan shall be approved administratively; 2. Maximum Building/Lot Coverage shall not exceed 45% of the gross area; 3. Maximum height of any building or structure shall not exceed 3 stories or 45' and 4. All parking shall be permitted in its current state as of the effective date of this Ordinance and generally conform to the location and dimensions shown on the Site Plan. All new parking shall conform to the City of Heath Code of Ordinances Sections 159.60-159.68. The Planning and Zoning Commission considered this case on June 2, 2023 and recommended approval unanimously with the following revisions to the draft Ordinance, Exhibit C: (A)(2) Require site plan approval in accordance with Section 159.40 and 2. (A)(5) Remove paragraph and replace with a maximum building height of 25' and a requirement for a Conditional Use Permit for buildings over one story. Councilman Weaver clarified that the existing parking situation would remain as is even if they added additional parking, only the additional parking would bei required to meet city code, but the existing parking can remain unchanged.  animals, and Wholesale nursery.  noti include a standard:  been incorporated: into the draft ordinance presented ini the packet.  building size of 30,000 square feet.  presented in thej packet.  parking on unimproved surfaces is within the take area.  City Council Minutes June 27, 2023  Page 2of5    HEARING to receive comments regarding the request. Mayor Pro' Tem Paul Ruffo opened the public hearing at 6:531 p.m.  Trent Robertson, AICP Master Plan Texas, 2202 S. Main Street, was present as the Planning Consultant on behalf of Rush Creek Yacht Club and provided a presentation regarding the Tricia Cutcher, 210 Rush Creek Drive, members oft the club and spoke in support because the Jay Cutcher, 210 Rush Creek Drive, also spoke in support stating that they moved to Heath to take advantage of the yacht club and is afraid of what will happen to the club. Sailing keeps his kids off ofelectronics. Rush Creek Yacht Clubi is a nationally recognized club.  rezoning of the property  kids are: safe here and we do not want more development.  Mayor Pro Tem Ruffo closed the public hearing at 7:05 p.m. Discussion and action regarding the request. the Council'sand property owner'sv vision.  The council continued discussion and the consensus was that they were all in support of the rezoning in order to protect this property from an overdevelopment of townhomes. This meets MOTION TO APPROVE ORDINANCE 230627A AS PRESENTED IN TONIGHT'S AGENDA PACKET WITH THE FOLLOWING REVISIONS: 1. REVISE THE ORDINANCE, EXHIBIT C, TO CORRECT THE NUMBERING IN THIS LIST; 2. REVISE THE ORDINANCE, EXHIBIT C, MAXIMUM BUILDING/LOT COVERAGE TO INCLUDE A MAXIMUM BUILDING SIZE OF 30,000 SF AND A MAXIMUM BUILDING COVERAGE OF 15% OF THE LOT AND 3. REVISE THE ORDINANCE CAPTION TO CHANGE THE. AREA FROM 13-78+/-A ACRESTO 11.9 ACRES, AND. ADD THE PHRASE, "AND EXCLUDING 1.88 ACRES DEVELOPED AS TOWNHOMES AS DEPICTED ON THE SURVEY ATTACHED TO THIS ORDINANCE.". AS PRESENTED  INTHE MEETING PACKET. MOTION MADE: SECONDED: APPROVED: ABSENT: RECUSED:  CALDWELL ROLATER CHESTER, KRAUSE MAYOR ELAM  PASSEDI UNANIMOUSLY BYTHOSE PRESENT  (Mayor Elam returned: tot the Regular. Meeting at 6:32 p.m.)  4.b Case No. ZA-2023-04: Continue a Public Hearing for an application to change the zoning on 2.463 acres of land from Towne Center Overlay District with a base zoning classification of Local retail (LR) District to a Planned Development (PD) for Towne Center Overlay District, with certain uses being excluded, for "bank office uses only" with a parking ratio of one parking space per 250 SF ofbuilding area. (A related case for a Conditional Use Permit has been submitted case. file CUP-2023-03- A related Site Plan case has been submitted under case, file SP-2023-01.) Staff recommends that this item be tabled indefinitely until revised plans are received from the applicant. This case will be renotified once the new hearing schedule has been 4.c Case No. CUP-2023-03: Continue aj public hearing for an application fora Conditional Use Permit (CUP) to allow a drive-through motor bank and a two-story building within the Towne Center Overlay District. The site is 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231, zoned" Towne Center Overlay District, with a base zoning classification of (LR) Local Retail District located at the intersection of FM 740 and FM 549. (Rockwall CAD ID No. 13000) (A related Zoning Change case has been submitted under casefile. ZA-2023-04. A related Site Plan application has been submitted under case. file SP-2023-01.) Staff recommends that this item be tabled indefinitely until revised plans are received from the applicant. This case will be  established.  renotified once the new hearing schedule has been established.  Cily Council Minutes June. 27, 2023  Page3ofs    4.d Case No. SP-2023-01: Consider and act on a Site Plan for the American National Bank, a proposed 19,781 square foot bank and office building in the Towne Center Overlay District with requested variances to 1.)1 building height, 2.) building area per tenant, 3.) tower height, 4.)1 tower area atl base, 5.) signage height, 6.) impervious area requirement, 7.) site lighting and other variances as necessary. The site is 2.463 acres of land described as Tract 1, Antonio Rodriguez Survey, Abstract No. 231, zoned Towne Center Overlay District, with a base zoning classification of (LR) Local Retail District located at the intersection of FM 740 and FM 549. (Rockwall CAD ID No. 13000) (A related Zoning Change and Conditional Use Permit cases have been submitted under case files ZA-2023-04 and CUP-2023-03-) Staff recommends that this item be tabled indefinitely until revised plans are received from the applicant. This case will be renotified once the new. hearing schedule has been established. Assistant City Manager Kevin Lasher recommended tabling items 4b, 4C, and 4d indefinitely to allow the applicant thet time to redesign and re-submit. When the revised application does return, we would consider remanding this whole case back through ARB and P&Z. Mayor Elam stated that since it will likely be remanded back, then he preferred to start over with the application and  deny all three items without prejudice and waive the application fee. HEARING to receive comments regarding the request.  Mayor Elam continued the public hearings at 7:16 p.m. for items 4.b and 4c. No one present to speak at the public hearing and Mayor Elam closed the public hearings at 7:16 p.m. MOTION: DENY ITEM 4.b, 4.c, and 4.d THE. APPLICATION WITHOUT PREJUDICE  ANDWAIVETHEAPPLICATION FEE.  MOTION MADE: SECONDED: twelve months.  MAYOR ELAM CHESTER  Councilman Weaver asked to correct the motion to include waiving the application fee up to AMENDED MOTION: DENY ITEM 4.b, 4.c, and 4.d WITHOUT PREJUDICE AND  WAIVETHEAPPLICATION FEE UPTOTWELVE: MONTHS.  MOTION MADE: SECONDED: APPROVED: ABSENT:  MAYOR ELAM CHESTER KRAUSE  PASSED UNANIMOUSLY BY THOSE PRESENT  4.e Status Report on Repair of300-HP Pump at Pump Station No. 1and Implementation of Water Supply Emergency Management Plan and Related Water Stage Director of Public Works, Matt Holzapfel provided a brief situation report on the City's pump station No. 1, as 300 hp that is currently out of service. On Thursday, June 22nd at approximately 10:30 p.m., City Staff received a SCADA alarm that the pump had automatically turned off. City staff immediately dispatched to assess the situation and determined that it was caused due toa motor overload from the pump shaft. This pump is the original pump of the pump station that was installed in 2005, eighteen years old. Holzapfel explained the steps that were taken to assess the situation and the time frame to repair it. The audio oft this reporti is on the city website and all residents are encouraged to listen to the entire presentation. Holzapfel stated proposed that the City look at other alternate sources of water to avoid anything like this happening again. Mayor  Restrictions.  Elam asked City Staff tol keep the citizens posted.  City Council Minutes - June. 27, 2023  Page 4ofs    5.0 Council/City Manager Comments  City Manager Aretha Adams recognized the Public Works Staff for a great job in working with the emergency water situation. Adams also provided an update to the Hubbard Bridge Project stating that concrete was poured on June 27 and will be pour again on June 30, July 5, and July 8 being the last pour date. We are looking at the completion date to be sometime in July. Another announcement was the independence parade is on' Tuesday, July 4th at 9:00am and asked everyone  participating ini the parade toi register online.  6.1 Executive Session  At 8:18 p.m., Mayor Elam recessed the meeting tol Executive Session (closed meeting) stating that in 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 Conduct of the State Bar of Texas 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; (iii) dispute regarding the creation of Rockwall County MUD No. 10 involving the Trilogy development in Mclendon-Chisholm city limits and extraterritorial jurisdiction; (iv) North' Texas Municipal Water District easement and tree mitigation; and (v)SP- 2023-02 Site Plan for Horizon Office Park Sandknop Health Medical Office Building; and Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath VS Mclendon-Chisholm, Cause No. 1-22-1204; (ii) City of Heath V. Texas Commission on Environmental Quality, TCEQ Internal Control No. D-12302021- 047, regarding the creation of Rockwall County MUD No. 10; (iri) North Texas Municipal Water District VS. City of Heath, Cause No. 1-22-0704; and (iv) MC Trilogy Texas, LLC City of Heath, et At 9:11 p.m, Mayor Elam closed Executive Session and reconvened the meeting into open session  al., Cause No. 3:22-CV-02154-D.  stating that no action was taken ini the Executive Session. Mayor Elam adjourned the meeting at 9:11 p.m.  APPROVED: liR KELSON: ELAM MAYOR  ATTEST:  NORMA DUNCAN TAafas CITY SECRETARY  OF  59 - EOF T  City Council Minutes- - June. 27, 2023  Page 5of5