MINUTES  HEATH PLANNING & ZONING COMMISSION TUESDAY, AUGUST 6, 2024 at 6:30 PM James' Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Mike Rask Joe Ruszkiewicz Bob Shaw Harry Heinkele  ATTENDING:  ABSENT:  Chairman James Tunnell called the meeting to order at 6:30p.m.  2. Public Comment  Steve Wydra, 244 Mockingbird Lane -stated that the city is under water restriction and until we can get the water situation figured out, we: need to stop approving new developmènt. Bob Shaw, 135 Shepherds Glen - stated that the documents that staff are providing for the meeting packet are unreadable because the print is too small and asked staff to change the 3.a Receivel Report RegardingtheJuly: 23, 2024 City Council Meetings and discussion ofsame. Chairman Tunnell acknowledged receipt of the July 23, 2024 Council Meeting recap regarding 3.b Discussion and Action Regarding the Minutes oft the July 2, 2024 Regular Meeting. MOTION: APPROVE MINUTES OFJULY: 2, 2024 REGULAR MEETING.  requirements and ask the developers toj provide larger documents.  zoning items covered at the. July: 2, 2024 Planning and Zoning meeting.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUSZKIEWICZ GORDON HEINKELE  PASSED UNANIMOUSLY BY7 THOSE PRESENT  3.c Case! No. CUP-2024-05: ConductaP Falicleuringandadomas Conditional Use Permit granting an exception to the Lake Edge Zoning District $ 159-30 (A), Exhibit A, Section 1.01 "Fences" that prohibits fences within the Take Area on property addressed 301 Scenic Drive and further described as Lot 21, Antigua Bay, City of Assistant City Manager. Aaron Adel stated that this is a Conditional Use Permit to construct a fence ini the Take Area between the rear property and the lake. Notice of Public Hearing was published, posted, and mailed on July 26, 2024 and three responses were received: in opposition. Thej property has a' Take. Area Sublease and is located adjacent to a public accessway tol Lake Ray Hubbard in the Antigua Bays subdivision. Adel provided al briefhistory of the 2004 Interlocal Agreement and Lease Agreement between Dallas and Heath. In 2006 & 2007 the Lake Edge Zoning District Ordinance was adopted. The City of Dallas is the owner oft the Take. Area and the City of Heath leases the' Take Area (lessee) and subleases are available tol lake-adjacent properties (sublessees). The' Take. Area is managed by Dallas Water Utilities and governed by the Dallas City Council. Heath regulates uses in the Take. Area on behalf of Dallas and both Lake Ray Hubbard. In the Lake Edge Zoning District $159-30(A), Exhibit. A, Section 1.01 "Fences", fences are prohibited within the' Take. Area, except for af fence (barrier) separating private leased areas within the Take Area from public property (park lands, roads, alleys) ..while providing an access way for public safety, public services and maintenance, public inspection, and utility personnel and vehicles through the Take Area. The exception, which shall be constructed of ornamental or wrought iron and subject to the requirements of the Fence Ordinance (Chapter 157), shall require a CUP. The proposed fence complies with Chapter 157, Fences and qualifies as an exception per $1 159-30(A), Exhibit. A, Section  Heath, Rockwall County, Texas. Rockwall CAD No. 14064.  Planning & Zoning Minutes- - August 6.. 2024  Page 1of6    1.01.AConditional Use Permiti is required to construct thei fence. Similar fences approved were 1221 Valley Trail Approved March 26, 2022...Five: foot wrought iron fence with brick columns and gate adjacent to Windward Trail and shoreline with public access; and 219 Scenic. Approved on May 9, 2017...Four: foot wrought iron fence in the' Take-Line Area for property on the opposite side oft the Antigua Bay park. Fence extends from the property line to the shoreline with a gate. Property owners Wendyand Robert Vandling, 301 Scenic. Drive, were] present and stated that they purchased their home in 2013 and have desired to add this fence since then but were unable to due to the expense. The purpose of the fence is not to keep people off their property but to protect them as property owners since this can become al liability issue ifa anyone: is hurt on1 their property. Vandling also commented that every weekend, park visitors leave trash in their yard and many times, their behaviors can bel loud andi inappropriate: ift they are drinking. Leisa Price, Building Official, clarified that the CityofDallas relies on the City ofHeath to sublease these properties and to: maintain these  leases and confirmed that this is a5 50' wide easement public property. HEARING to receive comments regarding the request. Chairman James' Tunnell opened the public hearing at 7:04) p.m.  Jeff Felts, 404 Scenic Drive - spoke in opposition stating that hel has documents showing that this property is actually a park and not an easement. Many of the neighbors did not receive notice of this public hearing and most of his neighbors are against this. He has never seen Genni Sealy, 4 Raven Circle - lived next door at 219 Scenic Drive for many: years stating that thej problems do exist. Most of these people visiting the park are not residents from Antigua Bay. She believes this is an easement. A problem is that the property runs at an angle sO the proposed fence will take away from the property that people are using to access the lake. Ernie Burkett, 277 Terry Park - spoke in support stating that the property owners built an Barbara Stewart, 403 Scenic Dr - next-door neighbor, spoke in opposition, stating that the neighborhood is losing more and more of this park. The park was "Point Park" under ordinance no. 090915E. Wealsol have a' Take Line on our property and understand that people are going to enjoy the park and] lake on this property. Wel have never had aj problem. Is suggest that the City put up signage and trashcans tol help alleviate the problems. When you buyi into thei neighborhood youl like to have access to thel lake ify you don'thave lakefront property. Jack Wadsworth, 402 Scenic Drive - wev walki toi this] park occasionally: and believe that parking signs and trash cans would. This] park is an attraction toi this neighborhood. Jilll Perez, 401 Scenic Drive - also owns waterfront property and is opposed stating when she moved in 10 years ago, she was aware that this was ai take line and not my property and have  problems at the park when he was there.  $8okr retaining wall and should be able to enjoy their own property.  never! had problems. Ido maintain the' Take Line property.  Tunnell closed the public hearing at 7:29 p.m. Discussion and action regarding the request. toj put up ai fence toj protect thej property. 301 SCENIC DRIVE. MOTION MADE: SECONDED: APPROVED: ABSENT:  Adel clarified that with a Take. Linel lease agreement, the owneri is required to: maintain thej property. The Commission continued discussion and the consensus wasi that thej property owner) has the right MOTION TO. APPROVE ACONDITIONALI USE PERMIT FOR. Al FENCE LOCATED AT  RUSZKIEWICZ BISHOP HEINKELE  PASSED UNANIMOUSLY BYTHOSE VOTING  3.d Case No. FP-2024-05: Consider and act on the Final Plat of Fielding Addition containing one lot on 13.998 acres zoned (PD-SF) Planned Development for Single Family Residential Uses by Ordinance No. 190723B located at the intersection of Rabbit Ridge and Lowe Road and further described as. A0231, A. Rodriquez Survey,  Tract: 12. Rockwall CAD No. 12919. Planning & Zoning Minutes - August 6.. 2024  Page 2of6    Assistant City Manager Aaron Adel stated that on March 5, 2024, the Commission unanimously recommended denial of the plat with the following reasons: The applicant has not addressed the February15th: DRC comments, and the plat does not complywitht the requirements ofPDOrdinance 190723B; and the city council must approve a subdivision variance to allow a minimum lot width of 74.16 feet rather than the 100'] lot width required in Section 159.21(e)(4). On March 26, 2024, the City Council denied the final plat without prejudice citing the same reasons. The property zoning is (PD-SF) Planned Development for (SF-43) Single Family Uses by Ordinance 190723B. Concept Plan. Access to the property comes from Rabbit Ridge via a drive that provides access to the adjacent properties to the west. Any protected trees removed will be mitigated 1:1 with the building permit. Thej propertywill be served by OSSF. The propertyis served bythe Cityl Heath water system. Grading and drainage plans will be reviewed with the building permit application. The plat conforms to the FutureLand Usel Plan designation of] Rural Estates. The Ordinance Compliance Matrix) highlightsone deficiency: as required ini the (SF-43regulations, Section 159.21(e)(4), the minimum lot width is100 feet. The plat provides 74.12' ofl lot width. This will require a variance by the City Council. Per state MOTION: IMOVE TO APPROVE THE FINAL PLAT OF FIELDING ADDITION WITH THE FOLLOWING CONDITIONS: 1. CHANGE THE TITLE OF THE PLAT FROM PRELIMINARY PLAT" TO "FINAL PLAT"; 2. THE LOT WIDTH OF 74.12 FEET DOES NOT COMPLY WITH MINIMUM LOT WIDTH OF 100 FEET REQUIRED BY SECTION 159.21(E)(4). TO ESTABLISH THE PROPOSED LOT WIDTH, A VARIANCE MUST BE GRANTED BYTHE CITY COUNCIL; AND 3. THE: PROPOSED DRIVEWAY SHOWN ON THE SITE PLAN MUST BE. A FIRE. ACCESS DRIVE AND WITHIN IN A FIRE. ACCESS EASEMENT. THIS FIRE ACCESS EASEMENT MUST BE. ADDED TO THE FINALI PLAT  law, plat reviewi is a ministerial function.  BEFORE EXECUTION. MOTION MADE: SECONDED: APPROVED: ABSENT: 4. Executive Session  RUSZKIEWICZ GORDON HEINKELE  PASSED UNANIMOUSLY BYTHOSE VOTING  At 7:131 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 regarding pending or contemplated litigation or settlement offer re: Section 551.071: Consultation with. Attorney on a matteri in which the duty of the attorney toi the governmental body under the Texas Disciplinary Rules of] Professional Conduct oft the State Bar of Texas clearly conflicts with this chapter regarding: (i) zoning and comprehensive plan standards At 9:12 p.m., Chairman Tunnell closed Executive Session and reconvened the meeting into open 6.a Case No. ZA-2024-01: Conduct a Public Hearing and act on an Ordinance changing the zoning designation from (A). Agricultural District to (PD-SF) Planned Development for SF-43 Single Family Residential Uses on 158.613 acres of property located at the northeast corner of the intersection of FM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract 55, Chairman James Tunnell stated that the following two items are: zoning change requests fort the same property. Case No. ZA-2024-01 is a planned development zoning and Case No. ZA-2024-03 is a straight SF-43 zoning. Assistant City Manager Aaron Adel stated the propertyi is Agricultural District and applicant Jim Knight, KFM Engineering, on behalf of the property owner, BG GolfII Limited, has requested a zoning change for (PD-SF43) Planned Development for Single Family Residential District. Notice of Public Hearing was published and mailed on May 24, 2024 and 14 responses in favor were received and 59 responses in opposition. These numbers qualify as a "protest" based on  and (ii) Case! Nos. ZA-2024-01 and ZA-2024-03.  session stating that no action was taken in the Executive Session.  City of Heath, Rockwall County, Texas. (Rockwall CAD: No. 12706)  Planning & Zoning Minutes- - August 6. 2024  Page. 30f6    the 200-foot boundary. On June 4th at the Planning and Zoning meeting, Toll Brothers Home Builders presented two Concept Plan: alternatives. Al Public Hearing was opened and continued ast the item was tabled to July 2. OnJune 19th, a new application was received for Straight SF-43. On. July 2, the Planning & Zoning Commission recommended denial regarding Alternative #1 PD-SF22 and tabled Alternative #2 PD-SF43 to August 6. OnJuly 23, the City Council denied without prejudice Alternative #1 PD-SF22 and. Alternative #2 PD-SF43 is under consideration by the Commission.  The Alternative #2 PD-SF43 Concept Plan includes the three variance requests:  1. Lot-To-Lot Drainage:  Allowed to maximize tree preservation; Preclude the need for obtrusive drainage easements, allowing for the site to remain in a more natural state. Nol lot-to-lot drainage allowed unless in limited cases where no adjacent owners are negatively impacted and the drainage is contained inj private drainage easement maintained by others than the City of Heath. Allowed  only on a case-by-case basis per the Subdivision Ordinance. 2. Proposed Landscape Ordinance. Amendment: Decrease water usage in landscaped areas Non-seeding varieties of Bermuda sod the proposed Landscape Ordinance amendment 3. Proposed' Tree Preservation Ordinance Amendment: Incentivize thej preservation of "Protected Trees"  Resources from Texas Smartscape Database and the Texas Water Development Board guide  Industry best practices surrounding environment.  Provide exemptions for the removal of "Exempt Trees" invasive and/or destructive to their Removing some of the "Exempt Trees' will allow more ground water to recharge the vital Art. Anderson, Attorney, Winstead PC, 2728 N. Harwood, St, Dallas, TX. was present representing the property owners and provided a power point "Perry' Tract Case No. ZA-2024-01 & ZA-2024-03" for a PD Concept Plan thati included 115 homes, one-acre developable 43,560 SFlots, with minimum 3,200 SF dwelling. Anderson stated that the PD complies with the Comprehensive Plan and  Increase minimum caliper of 8" to qualify as a' "Protected Tree". aquifer rather than sustaining undesirable tree species.  recommended going with the PD or the straight zoning HEARING to receive comments regarding the request. Chairman James' Tunnell opened thej public hearing at 9:49 p.m.  Mike McClard, 217 Blue Heron - spoke in opposition stating that what has been accepted in the past has changed from what is the Comprehensive Plan now. We see the value in the size in Heath and recommended estate sizel lots with custom builders. Ernie Burkett, 277' Terry Lane = opposed the look of thirty lots all in a row and would like to see a strong treel buffer. Supports estate. lots. Heath deserves better than this. Andrea Woodworth, 133 Sawgrass - had three concerns 1. trafficis an issue; 2.we chose tol live in Heath because it's not Plano, Frisco or McKinney; 3. The proposed plan does not have Kamal Puri, 109 Falcon Point - Toll Brothers homes are decent but do: not compare to other nicer neighborhoods. We are a family community and as a family increases in size, the community should provide a qualityoflife: for them and a safe environment. We are: in a water Stacy Rose, 483 Keystone Bend, Realtor, stated that this builder is not a custom home builder. When showing a home, she would not. like to show a: neighborhood where al lot of the homes Leigh Lashley, 5001 Heathland Crossing whenIdrivei intol Heath, Iwant to: seea al lot ofgreens space, acountryside: feel and unique homes that do not alll look alike. That is missing from this) plan. Mr. Dyll, 609 Willow Springs Drive - we should step up the bar and build up this property from what we alreadyhave: around it. We need a development that will preserve our character. Dana Bruce, 757 Avalon - this land should stay under agriculture zoning until we have the  enough green space and trails and a sidewalk is not ai trail. crisis right now and the City needs tol bei more: reliable.  are: similar and look alike.  water issues under control before wel build more.  Planning & Zoning Minutes - August 6. 2024  Page 4 of6    Richard Koepke, 208 James Drive - stated three concerns: 1. keep Heath unique; 2. we cannot build over 100 homes without infrastructure; and 3. we: should not build more until we get the Karen Wydra, 244 Mockingbird Lane, Realtor - stated that there is a difference between custom home builders and volumel home builders. Volume built homes bring down the value ofar neighborhood and you can see the difference. Also, the water issuei is a concern. Kathy Burn, 2308 Serenity Lane- lives adjacent to this property. The drainage issue is a concern. We alll have custom homes and want something really nice for this property. Thisi is not what fits in with Heath. We need to delay building until we resolve the water issue. JoLatham, 23441 Fairway Circle -Ihave a beautiful home andl love flowers and being toldi that Icannot water them is an issue for me. Ilove Heath but the lack of water is a huge concern, Joe Leonard, 2 Sheffield Court - provided a calculation ofhow much water this development  water issue resolved.  would use and stated that we. just can't do it and we: need to stop digging.  Tunnell closed the public hearing at: 10:15 p.m. Discussion and action regarding the request.  The Commission continued discussion and Chairman Tunnell stated that wel heard two cases and the citizens have provided a lot of feedback and we still have no revisions on the new request. Commissioner Ruszkiewicz stated that we want to make this work but we have to take back the feedback that everyone. has given. Wel have tabled this several times, we have asked for trails within thej property, parks spaces, lowerdensityto! beablet tol help us withi theinfrastructure and provide some varietyzoning types that arei included in this verylarge piece of property. Compliance ist trulyt thel low bar and we are asking for a mix of 3.0 and SF-43 zoning. We don't see any changes and there is nothing unique about this request. Property representative. Anderson stated that his concern wast the request for 3-acrelots, thev waterissue, wel keepi propertyzoned. Ag, inj preparation to get toj permanent zoning, that is hard to do, the project is not feasible to get all these requests done. Anderson recommended the Council approve the straight zoning. Commissioner Gordon recommended a motion of denial of PD-43 because the exceptions and the concept plan are not in compliance with  the ordinances or our Comprehensive Plan.  MOTION TOI DENYI PD-SF43 WITHOUTPREJUDICE  MOTION. MADE: SECONDED: APPROVED: ABSENT:  GORDON RUSZKIEWICZ HEINKELE  PASSED UNANIMOUSLY BY7 THOSE VOTING  6.b Case No. ZA-2024-03: Conduct a Public Hearing and act on an Ordinance changing the zoning designation from (A) Agricultural District to (SF-43) Single Family Residential Districton: 158.613 acres ofpropertylocated at the northeast cornerofthe intersection ofFM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract 55, City of Heath, Assistant City Manager Aaron Adel stated that this is the same piece of property. The request is a second application changing the zoning designation from (A) Agricultural District to (SF-43) Single Family Residential District straight zoning without aj planned development. Notice of Public Hearing was published, posted, and mailed on July 25, 2024, received 12 responses in favor and 25 responses ino opposition. Adel provided the concept layout and stated there are slight differences but mainly ythe phasing, the layout is very similar with 115 lots on same acreage. Representative Anderson stated thati the just informational and the plan would strictly complywith city standards and the ordinances  Rockwall County, Texas. (Rockwall CAD No. 12706)  of the city.  HEARING to receive comments regarding the request. Chairman James Tunnell opened thej public hearing at: 10:50 p.m.  Mike McClard, 217 Blue Heron Lane -expressed his disapproval oft the straight zoning.  Planning & Zoning Minutes August 6.. 2024  Page 5of6    Paul Trump, 612 Willow Springs - stated that he feels like the developer cannot afford to do the PD sO now they are proposing thes straight zoning. They are: not listening to us. Leigh Lashley, 500 Heathland Crossing - we: feel like' Tolll Brothers should be embarrassed for the waste oft time for the community and we should not consider anything from' Toll Brothers. Kamal Puri - 109 Falcon Point Drive -i isi interested in the 3-acre lots and thinks iti isal brilliant Dyll, 609 Willow Springs Drive - asked the builder to work with us. The proposal looks likea domino of rows of houses. Supports keeping one acre. lots and changing the geometry of the location. Make some intent to work in the confines of what the citizens are asking. Lisa Reeves, 345 Broadmoor Drive - 75 homes is probably deemed as what we. are aiming for and asked thel builderi ify you cannot makei that and the gross profit don'tmeet; your matrix then you need to walk away. Don'twaste our time. This is a business to you but al home for us.  Ernie Burkett, 277 TerryLane = sneaky way, greedy deal Representative Anderson was unprepared. idea. Big lots is one oft the greatness of our city.  Tunnell closed thej public hearing at 10:591 p.m. Discussion and action regarding the request.  The Commission continued discussion and the consensus remained the same. Vice Chair Gordon recommended denial as before because it does not meet the goals of our zoning ordinance as we have tried to lay out in the previous case and thanked the citizens for the written feedback and comments. We are a recommendation body and this will move forward to the City Council. Adel stated that we will take all the comments submitted and present with the case to the City Council sO there is no need to start over with your comments. City Attorney Marie Johnson explained the "protest" rule of20% or more oft thel lot area and requires as super: majority 34 votes 60 of7members. Chairman' Tunnell summarized stating that we gave feedback to the applicant two months ago and nothing was changed, the applicant provided a straight zoning request without some consideration of the things that we have drawn out from the compliance summary and the zoning ordinance. Tunnel recommended not making a zoning change right nowi is asking the applicant to reduce the  lot count to get more open space, provide a variety oflots sizes. MOTION' TOI DENY STRAIGHTZONING:  MOTION MADE: SECONDED: APPROVED: ABSENT:  GORDON RUSZKIEWICZ HEINKELE  PASSED UNANIMOUSLY BYTHOSE VOTING  Chairman James' Tunnell adjourned the meeting at 11:12 p.m.  APPROVED:  ATTEST:  Dmaklunpal  JAMESTUNNELL CHAIRMAN  NORMAI DUNCAN Javellae CITY SECRETARY  Planning & Zoning Minutes - August 6. 2024  Page 60f6