MINUTES REGULAR CALLED MEETING HEATH CITY COUNCIL TUESDAYJANUARY24, 2023 at6 6:301 PM  ATTENDING: KELSON ELAM, MAYOR  PAULRUFFO, MAYOR: PROTEM JIM CHESTER DONNA ROLATER RICH KRAUSE BRENT WEAVER  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. August 9 Regular Meeting. MOTION: APPROVE CONSENT AGENDA REGARDING MINUTES.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  ROLATER CHESTER KRAUSE, WEAVER  PASSED UNANIMOUSLY BY' THOSE PRESENT  4.a Case No. CUP-2022-12: Conduct a Public Hearing and act on an Ordinance for a Conditional Use Permit for the construction of a single-family residence with a roof pitchofs:12in! lieu ofthe required 8:121 roofpitch onl Lot6ofBlock: B, Heath Crossing, FharaA84.lyoflea, Rockwall County, Texas. Thel Propertyiszoned: Planned Development (PD) District for Single Family Residential uses by Ordinance No. 111220B and is addressed as 125 Sawgrass Drive. (Rockwall CAD IDNo. 109149) Director of Planning Aaron Adel stated that this was a request for a CUP to allow a Mediterranean- stylel home with a Spanish "s" tile roofv with 5:12 pitch in lieu oft the 8:12 pitch required byt thel Heath Crossing PD and ai fewl locations ofs standing seam metal roof! pitches lowert than 5:12. Exceptions to the 8:12 pitch requirement are considered on an individual lot basis as CUPs by Section 2 (c) (8). The current zoning is (PD) Planned Development for Single Family Residential uses by Ordinanc.N0.112205. NoticeofPabicHearing was] publishedi in thel DMN, posted ont the website, and mailed to neighbors on Dec 21, 2022. Five notices were returned in favor, including one: from the owner: and none: received in opposition. Letter from thel HOA ARC1 for approval was) provided. Previous similarr roofvariance requests in Heath Crossing were two CUPs forlower pitch roofs (4:12 and 5:12) for Mediterranean-style homes in 2013 & 2015. Council approved 145 Mallard Crossing on 09/24/2013 and 733 Avalone Drive approved on 05/12/2015. The two most recent applications for roof] pitch variance in Heath Crossing were. 442 Keystone Bend'sCUP: application fora 6:125 slope roof of Decra metal tile on a modern stylel home was denied in July 2020 and 466 Keystone Bend's CUP application: for 5:12 slope tilei roofon: a Spanish-style. home was approved on March 2022. City Council held a Joint Work Session with P&Z, ARB, EDC and BOA on 01/12/23 and discussed amending thel PDI regardingroofpitehes inl Heath Crossing. Thea amendment willl be on thel February  meeting cycle.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 6:371 p.m.  Les Sandknop, 1416 Encanto Drive - stated that he and his wife have lived in Heath for over 43 years and wants to dot the right thing regarding city codes at the samet time build al beautiful home.  City Council Minutes- - January. 24,2023  Page 1of4    Mayor Elam closed the public hearing at 6:38 p.m. Discussion and action regarding the: request.  David Johnson, Preserve Custom Homes = representing the property owners, spoke regarding the necessity ofthei metal components on this particulari roofa and stated that the only reason metal was used on a small portion oft the roof was because the. Architect was unable to use clay tile otherwise Spanish clay tile would have been used on the entire roofand proposing metal was ai necessity. Staff recommends approval of this CUP to allow a 5:12 roof pitch at 125 Sawgrass Drive as it is consistent with other CUPS approved in Heath Crossing and the HOA is in support. The Planning and Zoning Commission recommended approved sixi to one with thei roof! plan as submitted at their MOTION: APPROVE ORDINANCE NO. 230124AFORACONDITIONALUSE: PERMIT REGARDING THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE WITH A  January3 3rd meeting.  ROOF PITCH OF 5:12 ADDRESSED AS 125 SAWGRASS DRIVE.  MOTION. MADE: SECONDED:  ROLATER CHESTER  Mayor Pro' Tem Paul Ruffo asked for a clarification of the implications oft this ifa approved. Adel addressed the homes that have previously been approved with a similar CUP requests and clarified that this application is the only application that is requesting partial metal out of  necessity and the metal is on approximately two percent oft the roof.  APPROVED: ABSENT:  PASSED UNANIMOUSLY BY THOSE: PRESENT  KRAUSE, WEAVER  4.b Case No. CUP-2022-13: Conduct a Public Hearing and act on an Ordinance for a Conditional Use Permit to construct a detached garage on a 2.329-acre lot in the (A) Agricultural District, being Lot 1, Block A of Arn Addition, City of Heath, Rockwall County, Texas and addressed as 550 McDonald Road. (Rockwall CAD No. 90526) Director of Planning Aaron Adel stated that the applicant requests a Conditional Use Permit (CUP) to construct a detached garage measuring 1,200 SF on a 2.329-acre lot in the (A) Agricultural District. Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to neighboring properties on December 21, 2022. Two notices were returned, onei in favor and one in opposition. The area of detached garage is 1,200 square feet and the Height is 15'6" made of standing seam metal. The square footage, height, and location of the proposed detached garage conform to the requirements of the (A). Agricultural District lots between 2 and 5 acres, the following is allowed: Maximum size of a single accessory structure: 1,200 SF; Maximum height: 25'; Distance from rear façade of residence: 25'; and Side yard setback: 10'. Adel clarified that in the Agricultural district, depending on acreage size, a variance is not needed but a CUPi is required for a detached garage. Lasher clarified that on larger properties such as a ten-acre lot, the past council added a required CUP to the ordinance to avoid an large industrial daily farm look. Present on behalf oft the property towners was Applicant Kevin Sounders, Operation Renovation to  answer. any questions.  HEARING to receive comments regarding the request. Mayor Elam opened the public hearing at 7:02 p.m.  Property owner. David Vega, 550 McDonald Road stated that he has lived in Heath for only two years and thanked staff for helping him understand the process oft the CUP. Vega stated that he selected the barn look to fit in since there are already al lot ofl barns in this area.  Mayor Elam closed thej public hearing at 7:051 p.m. Discussion and action regarding the request.  Staff recommends approval of this Conditional Use Permit. The Planning and Zoning Commission  unanimouslyr recommended approval at their January: 3rd meeting.  City Council Minutes January. 24, 2023  Page 2of4    MOTION: APPROVE ORDINANCE NO. 230124B FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A DETACHED GARAGE ADDRESSED AS 550  MCDONALD ROAD. MOTION MADE: SECONDED: APPROVED: ABSENT:  RUFFO ROLATER KRAUSE, WEAVER  PASSED UNANIMOUSLY! BY' THOSE PRESENT  4.c Case No. RP-2023-01: Consider and take action on the Final Plat of Chapel View Phase Two being a replat of Lot 3 of the Final Plat of Chapel View Phase One, and further described as 17.321 acres out ofthe John O. Heath Survey, Abstract No. 116, City ofHeath, Rockwall County, Texas. The property is zoned (PD-SF) Planned Development for SF-43 Single Family Residential Uses by Ordinance 220125B. The replat contains thirteen (13) single-family residential lots and two common area X-lots. (Rockwall County CAD Map Directoro of] Planning. Aaron Adel stated that therei is a misprint on the item description. The correct residentiallotss should bei fourteen and noti thirteen. This request isa a Finall Plat ofChapel View] Phase Two that consists of fourteen residential lots and two common area. X-lots on 17.321 acres located on the north side of Hubbard Drive. On January 25, 2022, the property was rezoned to (PD-SF) Planned Development: for Singlel Family Residential uses by Ordinance No. 220125B. The approved name oft the development: is Chapel View. The Preliminary Plat of Chapel View was approved by City Council on May24, 2022, and thel Final Plat of Chapel View Phase One was approved on September 27, 2022. The: 20'. Access Easement vacated with this plat phase. Water and Sewer are connected to the City of Heath water and sewer system. Drainage is controlled by Chapel View Court and thet two X lots. Park fees are Fee-In-Lieu: $2,246.94 per DU; Park Dev Fee: $1,293.19 per DU; Park Fees: 1. Revise thei title oft thej plat to' Final Plat of Chapel View Phase' Two, Being a Replat of Chapel View 3. Addi firel hydrants atl lot 7 and lot 12] per IFC5m755.1IPCAppendix C and Engineering Standards 5. Confirm that the: final plat accurately reflects additional easements and ROW the city purchased The Planning and Zoning Commission unanimously recommended approval ati theirJanuary3 Mayor Pro Tem Ruffo asked for clarification regarding drainage to make sure that this would not cause any drainage issues to the Dominion subdivision. City Engineer Richard Dormier confirmed that thei new) Hubbard Drive was taken into account and the drainage is routed tot towards the street and will not affect the subdivision. Ryan Joyce, 767Justin Road, Rockwall, TX was present. MOTION: APPROVE THE FINAL PLAT OF CHAPEL VIEW PHASE TWO BEING A REPLAT OF LOT 3 OF THE FINAL PLAT OF CHAPEL VIEW PHASE ONE CONTAINING FOURTEEN SINGLE-FAMILY RESIDENTIAL LOTS AND TWO COMMON AREA X-LOTS  IDI No. 11132 and 46065).  $3,540.13 per DU for a total of $49,561.82 for a total of14 dwelling units. Staff recommends approval with the: following conditions:  Phase One, Lot3 3" of Design  2. Correct the owner's name ini the certificate and dedication per Section 158.07. 4. Maintain 120' total radius at cul de sac per Engineering Standards of] Design  along Hubbard for the trail.  meeting.  WITHTHE FIVE: STAFF CONDITIONS OF APPROVAL.  MOTION MADE: SECONDED: APPROVED: ABSENT:  ROLATER CHESTER KRAUSE, WEAVER  PASSED UNANIMOUSLY BY' THOSE PRESENT  City Council Minutes - January 24, 2023  Page. 3 of4    5. Mayor, Council and City Manager Reports  City Manager. Aretha Adams stated that there were: no updated but thanked the staff fand council for  their work. 6.1 Executive Session  At 7:20 p.m., Mayor Elam recessed the meeting to 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 ofthe 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 Melendon-Chisholm city limits and extraterritorial jurisdiction; (iri) North Texas Municipal Water District easement and tree mitigation; Section 551.071: Consultation with Attorney regarding pending or contemplated litigation or settlement offer re: (i) City of Heath VS Melendon-Chisholm, Cause No. 1-22-1204; (ii) MC' Trilogy Texas, LLC V. City of] Heath, et al., Cause. No. 3:22-CV-02154-D; (in) North' Texas Municipal Water District VS. City ofHeath, Cause No. 1-22-0704; and (iv) acquisition ofa a 4.644 acre parcel for aj pump station and ground storage tank generally located on the southwest side of Hanby Lane, +/-3 3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; Section 551.072: To deliberate the purchase, exchange, lease, or value ofr real property regarding: () acquisition ofa4.644 acre] parcel forapump station and ground storage tank generallylocated on the southwest side ofHanby Lane, +/-3,100' southeast of Hope Drive, in Heath, Rockwall County, Texas; and Section 551.074: Deliberation regarding the appointment, evaluation, reassignment, duties, discipline or dismissal of a public At 8:00 p.m., Mayor Elam closed Executive Session and reconvened the meeting into open session  officer or employee, re: Finance Director.  stating that no action was taken ini the Executive Session. Mayor Elam adjourned the meeting at 8:01 p.m.  APPROVED: Sose KELSON. ELAM MAYOR  OHE  ATTEST:  59  NORMA DUNCAN TOpen CITY SECRETARY  OF1 TE  City Council Minutes January 24, 2023  Page 4 of4