MINUTES  HEATH PLANNING & ZONING COMMISSION TUESDAY, NOVEMBER 7, 2023 at 6:30 PM  ATTENDING:  James Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Harry Heinkele Mike Rask Joe Ruszkiewicz Bob Shaw  Chairman James Tunnell called the meeting to order at 6:32 p.m.  2. Public Comment Executive Session  No one signed in to speak at the open forum.  At 6:33 p.m., Chairman Tunnell 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 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 At 6:58 p.m, Chairman Tunnell closed Executive Session and reconvened the meeting into open 5.a Receive Report Regarding the October 24. 2023 City Council Meetings and discussion of Chairman Tunnell acknowledged receipt of the October 24, 2023 Council Meeting regarding P&Z  under Chapter 212, Subchapter E ofthe Texas Local Government Code. session stating that no action was taken in the Executive Session.  same.  items covered at the October 2, 2023 Planning and Zoning meeting.  5.b Discussion and Action Regarding the Minutes of the Special Meeting and Regular MOTION: APPROVE MINUTES OF OCTOBER 2, 2023 SPECIAL AND REGULAR  Meeting for October2,2023.  MEETINGS. MOTION MADE: SECONDED: APPROVED:  GORDON RUSZKIEWICZ PASSED UNANIMOUSLY  5.e Conduct a public hearing and discussion of an Ordinance enacting a moratorium on the acceptance, authorization, and approvals necessary for residential and commercial property development, consisting of 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 CityofHeath's certificate of convenience and necessity, in accordance with Chapter 212, Subchapter E of the Texas Local  Government Code.  Chairman James' Tunnell opened the public hearing at 7:01 p.m.  Planning & Zoning Minutes - November 7. 2023  Page lofs    City Attorney Marie Johnson provided a PowerPoint Public Education Presentation "Moratorium on Property Development". The moratorium temporary stops new residential and commercial development for properties that have not received an exemption or a waiver from the moratorium. Only properties in the city's water service area (the Certificate of Convenience and Necessity, aka CCN) or currently receiving city water service are subject to the moratorium. Development in progress before the moratorium is required by law to be exempt from the moratorium. These developments can continue construction and the city is prohibited from stopping these projects. Expires March 13, 2024, if the moratorium ordinance is passed on November 14, 2023. The moratorium can be extended. Exemptions or waivers from the moratorium are available in limited circumstances. The city is enacting the moratorium to address the water supply shortage, primarily caused by landscape irrigation during drought and extreme heat. During the moratorium and while development is paused, the City will work to enact water-conscious ordinances (such as landscaping and irrigation) and may change its land use regulations and comprehensive plan based on the results of the Alternate Water Supply Study. The city will also work to secure, design and build the infrastructure needed to acquire an alternative water supply. This is a multi-year project, most of which may take place after the moratorium is lifted. Once development resumes, any new development will be subject to the City's new ordinances and land use regulations. All information Ronnie Cox, 237 Smirl Drive - asked why did the city waited SO long, why did the city not enact stage 4 water restrictions, if water sprinklers are the main problem, why don't we turn off the water sprinklers, what enforcement policies did the city take, how many employees were there to enforce stage 1 and stage 2, how many people were out on the street to enforce this sO we Allen Dowell, 6717 S. FM549 - property owner oft the Hall Estates and have owned this property since 1893, concern that it will kill my development deal with the buyer. I oppose the Jim Robinson, 140 Old Vinyard Lane - the primary responsibility of any local government is to supply adequate watert to the existing homes oft the current residents, water sewer and power are basic necessities. To allow additional homes is mismanagement. The City of Heath is irresponsible and criminal liable. The residents are always given excuses and no solutions to the David Woody, Director of Government Affairs for the Dallas Builders Association, 5816 W. Plano Pkwy, Plano, TX - opposed to the moratorium for what it does to property owners and the impact this has on the local economy. Asked the city to address the moratorium extension since there are property owners waiting right now and have already spent al lot of money to develop. Art Anderson, Winstead PC, 2728 N. Harwood Street, Dallas, TX - represents HG&YC and stated that the city did a good job explaining the relationship between the moratorium statute and the vested rights statute. Provided a suggestion under Section! 5 stating each permit will be required toi file individually, on a big project, all permits should be allowed to bei filed together. Jeremiah McClure, 509 Shadow Wood Lane - stated that we have a water issue but I believe we are not attacking the right thing. Is the aggregate period oft time with extensions for commercial 180 days? There is no limitation with the extensions, there are no public hearings and the Brian Berry, 2 Essex Ct. - thanked the Commission for allowing the citizens to speak regarding the potential moratorium. All the abundance of resources suggests that is already being done. The water situation on the first week of November shows less than 2 million gallons of the 6 million gallons that we have. What is the purpose of doing this in the middle of winter to expire in March, rainy season, knowing this has all the extensions that the Council desires. Asked what have we done, what are we doing to prepare for the solution and asked for clarification of a development application VS an existing development application. He is very much opposed. Ryan Joyce, 767 Justin Road, Rockwall TX - asked if a plat has been filed to be recorded and approved by the city, anyl building permits issues on that lot would be exempted?  can be found on the city'swebsite at: www.heatht.com/moratorium.  wouldn't be here today.  moratorum because of my predicament. My agei is thel basis for Hall Estates.  long-standing problem.  Council does as it sees fit. Concerned on property rights.  Chairman Tunnell closed the public hearing at 7:55 p.m.  Planning & Zoning Minutes- - November 7. 2023  Page 2of5    5.C 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 ofland described as Lot 1, Block 1, Pittman Addition and addressed as 210 Rush Creek Drive. Director of Planning Aaron Adel stated that applicant Joseph & Trisha Cutcher requests a Conditional Use Permit an existing detached garage and a variance to allow a maximum combined floor area for all accessory buildings greater than the 4,500 SF allowed in the SF-43 District. Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to neighboring properties on October 26, 2023. Four notices were returned in favor; one of which is from the applicant. The construction was completed without a permit. The 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 the building primarily to support their sailing hobby. There are no living quarters in the garage. According to the accessory structure regulations in the SF-43 District, properties measuring more than 5 acres are allowed up to four (4) accessory structures with a maximum combined floor area of4,500 SF. This subsection also requires a Conditional Use Permit (CUP) for all detached garages and to grant a variance for any accessory structure that does not conform to the area requirements. The applicant requests approval of a CUP toj permit the detached garage: a 2,400 SF steel building. The size, height, and location oft this building conform to the requirements of 159.21, and to allowa variance to the maximum combined floor area of 38 SF to permit a combined floor area for the guesthouse and detached garage of 4,538 SF. The existing garage was constructed without a CUP. This action does not conform to S 159.21 (B)(14). The existing garage conforms to S 159.21 (B)(14)(b) and $ 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) which limits the maximum combined floor area for all accessory buildings to 4,500 SF. A variance of 38 SF is required to permit the structure as constructed. $ 159.21()2)allows accessory buildings that do not conform to the requirements in $159.21 (B)(14) with a CUP granting the variance. 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 finds: 1. That the proposed use meets all the minimum standards established in this subchapter and other applicable ordinances; 2. That the proposed use meets thei intent of the district in which it is located, and is in accordance with the comprehensive plan; and 3. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor by substantially or permanently injurious to the neighboring property. The use conforms to the Comprehensive Plan, which shows Rural Estates planned for the property. The Commission discussed fees and fines that might be applicable. Applicant Joseph Cutcher, 210 Rush Creek - apologized and said this was a mistake and it was not his intent to build without a permit. There was a barn at this location that was removed and the Chairman James Tunnell opened the public hearing at 8:21 p.m. No one was present to speak, and Chairman Tunnell stated his approval and recommended that the garage continue to comply with  (Rockwall CAD No. 54305)  garage was put upi in its place. The garage is used for storage space only. HEARING to receive comments regarding the request.  Tunnell closed the public hearing at 8:22 p.m. Discussion and action regarding the request.  the list of garage uses and was comfortable with the penalties in place.  Planning & Zoning Minutes - November 7.. 2023  Page 3of5    MOTIONTO. APPROVE AS STAFF RECOMMENDED.  MOTION MADE: SECONDED: APPROVED: For: Against:  RUSZKIEWICZ HEINKELE PASSED SIXTOONE TUNNELL  GORDON, HEINKELE, RASK, RUSZKIEWICZ, SHAW, THOMAS  5.d Case No. ZA-2023-05: Conduct al Public Hearing and act on an application to change the zoning classification of property addressed 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 on 19-32 acres ofland. (Rockwall CAD No. 12922 and a Portion of12972) Director of Planning Aaron Adel stated that property owners are Carol Ann Yardley, Allen Dowell and Stephen Gilchrist, property at 6717 SI FM 549 and a portion ofj property at 200 Bevan Circle are to be rezoned to create a PD for single-family residential uses based on the SF-43 District. The application proposes a PD to include 161 lots and a detention area/common area on 19.32 acres with access from a cul-de-sac street. All 16 residential lots contain at least 1.0 acres and limits the lot count to no more than 16 lots. The current zoning is (A). Agriculture District. Sixty-one notices for public hearing were mailed on October 26, 2023, and 21 returned in favor, 2 returned in opposition and one expressed neither favor nor opposition but had some comments. The components of the PD that exceed City of Heath Code of Ordinance requirements include: Lot Size: No lots are smaller than 1.0 acres buildable area; 100% masonry requirements; Minimum roof pitch of 5:12; Gutters are required on all dwellings; Drought-resistant plant materials; Irrigation systems promoting water conservation; and Tree planting in the front, rear, and side yards of all lots. The staff Development Review Committee (DRC) reviewed the application and provided comments to the applicant. All DRCcomments are addressed ini the Planned Development Standards included in the meeting packet. Following rezoning, a 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 to the city's water and sanitary sewer system and comply with all engineering design standards. Adel reminded the Commission where the zoning change falls into the Development Process showing a chart. Sanitary Sewer is available to the site from a 10" line at Dennis Bailey and 549; Water is available to the site via multiple water lines: 12" and 8" lines at Dennis Bailey/FM 549 and a 12" line along the opposite side of FM 549. The applicant's engineer will propose the best solution for the site to be reviewed by the City Engineer in the construction plans submitted with the final plat; 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 be made when a dimensioned preliminary plat establishes the length, width, and radii; and a treescape plan and mitigation plan will be required with the preliminary plat of this subdivision. Zoning compatibility is required before approving a preliminary plat or final plat. With zoning in place and a conforming plat to the zoning and subdivision regulations, approval of the plat is a ministerial function regulated by the Texas Local The 2018 Comprehensive Plan's Future Land Use Plan designates this property for rural estates land use. The characteristics of the proposed Planned Development conform to the rural estates definition: Large-lot, single-family residential development; Overall minimum of 1 acre lots; and Compatible Zoning Districts: Agriculture, SF-43, SFE-3.0. The proposed zoning change complies with the 2018 Comprehensive Plan; the proposed zoning change complies with the area requirements and permitted uses in the SF-43 District in S 159.21; and the proposed zoning change complies with the PD District standards in S 159.28. Adel stated that the purpose of the zoning districts is to group together uses that are reasonably compatible with one another according to  (Mike Rask recused) from meeting at 8:27p.m.)  Government Code "Shot Clock".  Planning & Zoning Minutes - November 7.. 2023  Page 4of5    their normal characteristics of operation which includes a list of purposes. Determining the project's compliance with the purpose of the zoning districts is discretionary and should consider the project's ability to address these purposes. According to the Zoning Ordinance, $ 159.80 Procedure for Amending This Chapter: District boundaries may be changed after: Application; Notice of Public Hearing; Planning and Zoning Commission consideration and public hearing; and Applicant Michael Joyce, 767 Justin Road, Rockwall TX was present and provided an extensive PowerPoint presentation on Hall Estates, Heath, TX. Joyce provided some history of both the  City Council review of P&Z recommendation, consideration, and public hearing.  company and the proposed property.  HEARING to receive comments regarding the request. Chairman James' Tunnell opened the public hearing at 9:17P p.m.  Bob Dougherty, 271 Dennis Bailey Lane - stated that he was neither in favor nor against the request because he needed additional information. His concern is on the row of cedar trees on south side, these are mature trees and there is a lot of wildlife there and suggested an Frank Murphy, 1700 Bison Meadow - stated that the entry feature looks nice, asked for a median to line up with Bison Meadows street and asked that staff correct the open space on surrounding property that is noted on the map. That space is not open space and is this property, 1.9 acres. Adel stated that staff would make a note and correct in the Comp Plan Allen Dowell, 6717 South FM 549, Rockwall, TX - spoke in favor and stated that his proposal isa good addition to the City of Heath and it would bring in good dividends and good Gail Perry, 200 Bevan Circle owner of the adjacent 20-acre horse farm and stated that she still plans to live there after this subdivision is completed. Hall Estes will be a good legacy  environmental study.  when iti is updated next year.  neighbors. and is all forit.  Tunnell closed the public hearing at 9:28 p.m. Discussion and action regarding the request.  The Commission continued discussion and consensus was that the proposal provided minimum compliance, and we are trying to move to lower density than what is presented. Vice Chair Gordon stated that the current City Council has expressed time and time again that we arel looked for larger estate lots and lower density. This is a little cramped considering the surrounding neighborhoods. Chairman Tunnell recommended 1.5 acre lots and didn't find anything particularly unique about this plan but reiterated that the City Council has full discretion. Tunnell expressed that the lack of uniqueness meant that the proposal does not conform to the Comp Plan. Joyce answered some concerns and did confirm that the cedar trees would stay per the tree  ordinance requirements. MOTION MADE: SECONDED: APPROVED:  MOTION TO DENYTHE REQUEST.  GORDON BISHOP  PASSED UNANIMOUSLY  OF HE  Chairman James Tunnell adjourned the meeting at 9:41 p.m.  APPROVED:  ATTES:  amosluonal) JAMESTUNNELL CHAIRMAN  Yemle NORMA: DUNCAN CITY SECRETARY  TEOF  Planning & Zoning Minutes - November 7. 2023  Page5ofs