MINUTES  HEATH PLANNING & ZONING COMMISSION TUESDAY, DECEMBER 5, 2023 at 6:30 PM  ATTENDING:  James Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Mike Rask Joe Ruszkiewicz Bob Shaw Harry Heinkele  ABSENT:  Chairman James Tunnell called the meeting to order at 6:31 p.m.  2. Public Comment  Chad Estes, 6 Kensington Dr - voiced his frustration stating that staff incorrectly published the notices for a Public Hearing on his zoning request and the Public Hearing would have to be rescheduled. This has happed three times now and has taken a lot my him time and staff time. Estates requested that the Commission holdas special meeting for this toavoid waitingai full month. 3.a Receive Report Regarding the November 14, 2023 City Council Meetings and Chairman Tunnell acknowledged receipt of the recap of the November 14th Council Meeting regarding P&Z items covered at the November 7, 2023 Planning and Zoning meeting. 3.b Discussion and Action Regarding the Minutes of the November 7, 2023 Regular  discussion of same.  Meeting MOTION MADE: SECONDED: APPROVED: ABSTAINED: ABSENT:  MOTION: APPROVE. MINUTES OF NOVEMBER 7TH MEETING.  GORDON RUSZKIEWICZ SHAW HEINKELE  PASSED FIVETOONE (one abstained)  3.c Case No. ZA-2023-01R: Conduct a Public Hearing, consider, and act on making a recommendation on an application to change the zoning classification from (A) Agricultural District to (SF-43) Single Family Residential District on two tracts oflandi in the CityofHeath, Rockwall County, Texas. One tractis: addressed as 1216 Smirl Drive: and described as Abstract 207, E. Teal Survey, Tract 38-02, containing 1.193 acres. The other tract is located approximately 100 feet south of 1216 Smirl Drive further described as, 3.001-acres ofland adjacent to Smirl Drive that is a portion of Abstract 207 E. Teal Survey, Tract 38-01. (Rockwall CAD No. 110295 and a portion of 12687) Director of Planning Aaron Adel stated that staff made an error on the notices that were: mailed out regarding the Public Hearing for this zoning case. The error was made on the mailing list that was to cover the city's regulated 500-foot notification boundary. Thel list was not complete therefore the public hearing tonight would have tol be cancelled and rescheduled. City Attorney Jerry Drake was present and stated that the zoning case could not be resolved tonight. The Preliminary Plat does not meet the requirements under the current zoning and would have to be denied. The applicant has made travel plans during the regular meeting date ofJanuary 2 and: staff asked the Commission  tor move the meeting to. January 4th to accommodate the applicant.  Planning & Zoning Minutes - December. 5. 2023  Page lof3    3.d Case No. PP-2023-01R: Consider and act on the Preliminary Plat of Estes Addition, containing three (3) residential lots on 15-533 acres of land situated in the E. Teal Survey, Abstract 207, City of Heath, Rockwall County, Texas, zoned (A). Agricultural District, and located approximately 300 feet north ofthei intersection of Smirl Drive and Carriage Hill Lane on the east side of Smirl Drive. (Rockwall CAD ID No. 110295 and 12687).. Ap portion ofthe property is the subject ofa zoning change application to be considered on the same meeting agenda to rezone two (2) of the lots from (A) Director of Planning Aaron Adel stated that this Preliminary Plat was created to facilitate the subdivision ofthe] propertyand bringing into conformance a one-acre. lot that was created byad deed. The Preliminary Plati is fort three residentiall lots (one, three and eleven-acrel lots). Duet toi the: zoning case being cancelled, applicant Chad Estes requested to withdraw the Preliminary Plat application. 3.e Case No. FP-2023-07: Consider and act on the Final Plat of Lots 1-4, Block A, Fulton Addition, Being a Replat of Lots 1-2, Block A, Fulton Addition, City of Heath, Rockwall County, Texas, containing four lots on 14-75 acres at the southwest corner of Laurence Drive (Smirl Drive) and Laurence Drive (FM 740). Rockwall CAD No. 80251 and 80525. Director of Planning Aaron. Adel stated that the Finall Platis a Replat of] Fulton. Addition to establish four lots to accommodate the planned expansion of the campus on a Site Plani that was submitted forreview on July31, 2023, that is not] part ofthel Final Plat requirements. The Development Review Committee (DRC) reviewed the Site Plan and provided comments to the applicant on August 10, 2023. In 2008, the Final Plat was amended to dedicate right-of-way: and easements along Laurence Drive. In 2014, a Final Plat/Replat created whati is nowl labeled Lot4 to expedite selling thatl lot. The school has since reacquired lot 4 and this loti is backi in the plat (detention facility) that will be used predominantly for handling drainage on the rest of the property. Lot 1 is a 4.12-acre on the west side oft thej propertya adjacent tol Hillview Estates containinga converted residence. Lot2is2.12: acres adjacent to Smirl Drive containing the existing campus main buildings. Lot 3 is 7.11 acres located as part oft the planned expansion of the campus toi include aj proposed new 62,000 SFI Kindergarten through 8th grade classroom building with a gymnasium, natatorium, associated parkingareas, and site improvements. The building and site improvements and alterations to parking, landscaping, lighting and treescape will be the subject of a site plan review process to involve the Architectural Review Board, Planning and Zoning Commission, and City Council. The requirements to the plat include the access to the campus is from Smirl Drive via internal circulation fire access easements, the campus is connected the city's sanitary sewer and water systems, and the drainage plans have been reviewed by the City Engineer. The property is zoned (SF-43) Single Family Residential District, Schools are allowed by right. The area requirements for the SF-43 District are intended to regulate residential uses predominantly. Therefore, several of the criteria do not apply to the school campus. The area requirements that are not specific to residential use are included below. The plat conforms to these requirements: Minimum lot area: one acre (43,560 square feet), Minimum lot width is 100 feet at the front building line, Minimum lot depth is 175 feet and Minimum depth of front setback is 50 feet. Minimum depth of rear setback, 25 feet for the main building and 10 feet for accessory building or other structure. Minimum width ofs side setback for Internal lot is 15 feet and side yard setbackabutting: street is; 30 feet. Minimum length of driveway pavement from public right-of-way to thel building line or 50 feet, whichever is greater. The maximum building coverage is 35% oflot area and maximum height ofs structure: is 35 feet and they willl be enforced with the site plan review. The Final Plat complies with all technical requirements oft the Subdivision Regulations. The Final Plat of] Fulton Addition conforms to the SF-43 Zoning Districti regulations and the Cityof Heath Subdivision Regulations. Adel clarified that by State Statute, plat approval is a ministerial function. Motion options are to approve, approve with conditions stating statute or ordinance  Agricultural District to (SF-43) Single Family Residential District.  sections or deny with reason citing statute or ordinance sections.  Planning &. Zoning Minutes - December. 5. 2023  Page2of3    Tyson Gordon, 1405 Laurence Drive spoke expressing his concerns with traffici flow on Smirl Drive, current draining issues and the steep 8-foot retaining wall particularly the safety ofit and it will be an eye sour. City Engineer, Richard Dormier stated that the 8-foot wall is required because therei is aloto off fall across the property and the building footprint is necessary to get such a large area flat. It isI necessary to take the low side and raise it and thel high side and cut it so they can get it there with an minimal amount of grading and everything that goes with that. There are things that can be done to dress up the back side of the wall. Applicant Allan Ross, Architect with PNC Partners, LTD was present and answered Commission questions stating that this is a complex site and he has been working on these plans for many months. Ross stated that he would work with staffon the concerns that the Commission has regarding the 8-foot retaining wall and the effect on the neighbor's  properties. MOTION MADE: SECONDED: APPROVED: For: Against: ABSENT:  MOTION' TO. APPROVE FINAL PLAT. ASI PRESENTED.  TUNNELL GORDON PASSED FOURTOTWO GORDON, RASK, SHAW, TUNNELL, RUSZKIEWICZ, THOMAS HEINKELE  Chairman James Tunnell adjourned the meeting at 8:05P p.m.  APPROVED:  ATTEST:  aana-funpell JAMESTUNNELL CHAIRMAN  Humhow NORMA DUNCAN CITY SECRETARY  OF A 59  OF TELS  Planning & Zoning Minutes - December. 5. 2023  Page3of3