MINUTES  SPECIAL CALLED MEETING HEATH PLANNING & ZONING COMMISSION MONDAY, NOVEMBER 25, 2024 at 6:30 PM  ATTENDING:  James' Tunnell, Chairman Wayne Gordon, Vice Chairman Thomas Bishop Harry Heinkele Mike Rask (via zoom) Joe Ruszkiewicz Bob Shaw  Chairman James Tunnell called the special meeting to order at 6:30 p.m.  2. Public Comment 3. Executive Session  No one signed ini to speak at the open forum  At 6:32 p.m., Chairman Tunnell recessed thei 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 matter in which the duty of the attorney to the governmental body under the' Texas Disciplinary Rules of Professional Conduct oft the State Bar of At 7:20 p.m, Chairman Tunnell closed Executive Session and reconvened the meeting into open 5a. Case No. ZA-2024-01: Continue aj public hearing and Consider and act on the request to change 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, CityofHeath, Rockwall County, Texas. (Rockwall CAD No. 12706). Director of Community Development David Gonzales stated that the City notified boundary residents four different times. Staffhas received 141 notices total, 28 duplicates, 92 of the notices opposed, 20ini favor and 29 outside the cityl limits and also confirmed that thet total notices received inc opposition did not meet the protest threshold for a super-majority vote of the City Council. Gonzales provided a summary of community concerns obtained from the notices in opposition. A Public Hearing with the City Council willl bel held on Dec10, 2024. The additions and changesi ini the proposed concept plans werei identified: ai reduction inl lot count to 110 SFlots (reduced byfivelots); an minimum dwelling unit size of 3,990 SF; an increase in Open Space to 21.7-acres (previously 12.62-acres); an addition of a proposed potable water well on a one (1)-acre site Phase 1; an addition of a trail system along Ridge Road, Heathland Crossing, and aj portion ofWhite Road that includes a sidewalk and a trail head on north end ofWhite Road. The trail system will extend from the south entrance of Ridge Road to thel large pond located on HOALot 7 to White Road. The trail will connect toi the existing sidewalk at several points along Ridge Road; an addition ofa dock at the large pond located on HOA Lot 7; an addition of a second primary flared entrance (north Ridge Road.); an addition of a Landscape Master Plan and Signage and Entry Landscape Plans; an additional landscaping and berms within the 30-ft landscape buffer and 20-ft landscape easement along Ridge Road; a provision for fifteen (15)-foot and thirty (30)-foot tree protection no  Texas clearly conflicts with this chapter, regarding: Case No. ZA-2024-01. session stating that no action was taken in the Executive Session.  Planning & Zoning Minutes - November 25.2024  Page lof2    disturbance zones; an addition ofa' Tree Preservation Plan; an addition ofa decorative subdivision wall thatincludes natural stone elements and tubular steel fencing; a requirement for the creation ofa Homeowners Association (HOA) to include maintenance provisions; and a removal oft the cul- de-sacs at center of development by connecting the roadway and creating a curvilinear street  design.  HEARING to receive comments regarding the request. Chairman James Tunnell opened the public hearing at 7:441 p.m.  Mike McClard, 217 Blue Heron, stated that there is a misunderstanding regarding the water well, the developer isi not putting in thet well, they are providing the parcel ofland and partial funding, the taxpayers will be required to fund the remaining. Also, concern over the calculation of the super-majority numbers and feels like it is not a fair assessment and that Trisha Jurkoshek, 103 Shepards Glen, delivered a heartfelt comment and asked the Commission noti to take this decision lightlya and fight fori the residents in the community. Andrea Woodworth 133 Sawgrass, stated that she was confident that there were more opposition notices received and is sure more will be received in time for the City Council meeting on Decemberi 10,2024. Doesnotl believet this plani hueremohwthaiagemse  isnot the intent oft the law. This property is a shining. jewel into the city.  value to the city.  Tunnell closed the public hearing at 7:52 p.m. Discussion and action regarding the request.  The Commission continued discussion and all agreed that the developer had made a lot of improvements from the original plan. The consensus was that this was a tough decision that was not taken lightly. There are parts ofthe Comprehensive Plan that need tol be updated toi incorporate into the Cityo ordinances that would help. The developer is within the guidelines and that has tol be considered. The Commissioners thanked everyone for attending and stated that they are seven board members doing their best with trying to represent 11,000 citizens and follow the comp plan equally. Commissioner Ruszkiewicz opposed and stated that he would still like to see less density. Chairman Tunnell was confident that the Commission had served its function; the earlier request was denied, and the applicant has found alternatives and proposed a Planned Development that MOTION TO APPROVE THE REZONING TO PLANNED DEVELOPMENT AND CONCEPT PLAN FOR ZONING CASE NO. ZA-2024-01 TO INCLUDE LANGUAGE CORRECTION ONI EXHIBITB, DEVELOPMENTSTANDARDS, SECTION: 1, PURPOSE TO: INTHEEVENTOFACONPLICTHETWEENCHAPTERIS9, ZONINGOFTHECITY CODEOF ORDINANCES OFTHE CITYOFI HEATHANDTHIS PD ORDINANCE, THIS PDORDINANCESHAILCONTROL. INTHEEVENTOPACONFLICTBETWEENTHE CONCEPT PLAN AND CHAPTER 159 ZONING FOR THE CITY CODE OF ORDINANCES FOR' THE CITY OF HEATH, A CONCEPT PLAN SHALLCONTROL.  included many oft the requests that the citizens stated they wanted.  MOTION MADE: SECONDED: APPROVED: For: Opposed:  GORDON SHAW PASSED SIXTOONE RUSZKIEWICZ  BISHOP,GORDON, HEINKELE, RASK, SHAW, TUNNELL  Chairman James Tunnell adjourned the meeting at 8:131 p.m.  APPROVED: MmekTunnell JAMESTUNNELL CHAIRMAN  R *)  59  WMAN  hp NORMA: DUNCAN CITYS SECRETARY  OF  Planning & Zoning Minutes - November 25. 2024  Page 2of2