MINUTES  HEATH PLANNING & ZONING COMMISSION WEDNESDAY,OVEMBER 6, 2024 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 6:30 p.m.  Tunnell announced that zoning Case No. 2024-01 regarding the 158.613 acres at the corner of Ridge Road and Heathland Crossing would be upi for discussion tonight. There is nol Publicl hearing and asked anyone in attendance if they wanted to speak regarding this case, to sign up for the Public Comment and speak at that time. The Public Comment section will take place after staff presents the case. 3.a Receive Report Regarding the September 24, 2024 and October 22, 2024 City Chairman Tunnell acknowledged receipt of the September 24, 2024 and October 22, 2024 City 3.b Discussion and Action Regarding the Minutes of the September 3, 2024 Regular MOTION: APPROVE MINOTES OF SEPTEMBER 3, 2024 REGULAR MEETING.  Council Meetings and discussion of same.  Council Meetings. Meeting. MOTION MADE: SECONDED: APPROVED:  GORDON RUSZKIEWICZ PASSED UNANIMOUSLY  3.c Case No. ZA-2024-01: Consider and discuss 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 ofthe intersection ofl FM 740/Ridge Road and Heathland Crossing adjacent to White Road, and further described as Abstract 207, E. Teal Survey, Tract 55, City ofHeath, Rockwall County, Texas. (Rockwall CAD No. 12706). Director of Community Development David Gonzales stated that a public hearing for this item is scheduled at a special meeting on Tuesday, November 12, 2024 at 4:30 p.m. The information presented tonight was presented to the Council on October 22, 2024. Notice of Public Hearing were mailed on May 24, 2024 and a second notice on August 10, 2024. Fourteen responses in favor and sixty responses in opposition were received. Notice of Public Hearings regarding the revised Concept Plan were mailed on October 25, 2024 and on October 31, 2024. Gonzales provided some. history of motions and actions: On June 4th P&Z, Toll Brothers presented a two concept plan. Alternatives; Public Hearing opened; community comments received; and' Tabled to July2; Public. Hearing continued. Om.ayaPW2-Alemathe #1 PD-SF22: Recommended denial and Alternative #2 PD-SF43: Tabled to August 6. On. July 23 City Council - Alternative #1 PD- SF22: Denied without prejudice and Alternative #2 PD-SF43: Still under consideration by P&Z. On August 6 P&Z-4 Alternative #2 PD-SF43: Recommended denial without prejudice. On August 27 City Council - Applicant requested withdrawal of Alternative #2 PD-SF43: City Council tabled the case to September10.0 On Septemberi0-C City Council tabled the case to October 8. On October 8- City Council tabled the case to October 22. On October 22 City Council tabled the case to November 12 and City Council approved a motion to conduct a subsequent public hearing on  Planning & Zoning Minutes - November 6. 2024  Page 1of4    November 12. On October 28 - City Council remanded the case to the Planning & Zoning Commission for a subsequent public hearing. Gonzales provided a side-by-side comparison of the two Concept Plans, additions and changes identified were aj reduction in] lot count from 115 SFlots to110 SFlots; addition ofa proposed water well; an addition of ani internal trail system from Ridge Road to White Road; addition ofaj pocket park; addition ofa dock at thel large pond; additionofa second primary entrance to the north along Ridge Rd; 30-ft landscape buffers: Ridge Road/Heathland Crossing; Connecting roadway by removal of the cul-de-sacs. Other details not included were: open space reduced from -17.84-ac to 12.62-ac; Gross Family Residential density (verify); Existing and proposed trees; Screening along Ridge Road within 30-ft landscape buffer; Phase line Information; Site Key information; Phasing Chart; Density & Dimensional Key; Enginee/Pamme/Ommer: Vicinity Map; Setback lines; Adjacent land uses/existing gzoning; Mike McClard, 217 Blue Heron stated that although we are: making progress, he is opposed tot the semi-custom homes and wanted to make surei that we stay true to Heath and our tree ordinancet toj protect thel beautyv wel have. There arei inconsistencies with whatisi in thej packet, what has been discussed within thel board and what has been presented by the' Toll Brothers. They don't match up and we need to get everything lined up. Regarding the Public Notification process, his voice has not been put onj record and believes some ofthe responses are in default. McClard also opposed holding a public hearing through a special meeting at 4:30] p.m. as opposed to the 6:30 Regular Meeting time, is1 not fairt tot thej public and will mute Lea Lashley, 500 Heathland Crossing thanked the Commission and asked that the Commission consider density and aesthetics when making their decisions.  Public Comment  the voice oft the people.  4. Executive Session  At6 6:551 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 matter in which the duty oft the attorney to the governmental body under the' Texas Disciplinary Rules of Professional Conduct oft the State Bar of At 7:56 p.m, Chairman Tunnell closed Executive Session and reconvened the meeting into open  Texas clearly conflicts with this chapter, regarding: Case No. ZA-2024-01. session stating that no action was taken in the Executive Session.  6.a Case No. ZA-2024-04: Hold a public hearing and consider a request to change the zoning classification from (A) Agricultural District to (SF-43) Single Family Residential District land uses for property addressed as 1168 Rabbit Ridge and further described as Tract 43-6, A. Rodriquez Survey, Abstract 231, City of Heath, Rockwall County, Texas. Rockwall CADI No. 53400. The: zoning change is to facilitate the construction of a single-family residential home measuring at least one DirectorofCommunily, Development David Gonzales stated that this item is ai request fora a zoning change from (A). Agricultural District to (SF43) Single Family Residential District to construct a 6,150 SF, single-story residential home on the 3.22-acre lot. Twenty-three Notices of Public Hearing were: mailed on October 25, 2024 and one response in favor was received. The request meets the minimum requirements oft the (SF-43) Single-Family Residential District and complies with the Future Land Use Plan for Rural Estates. The minimum setback requirements are met. Applicant Tommy Yetts, 16 Granit Ridge, McClendon Chisholm was present and stated that they purchased the propertyinJ January fort the: sole purpose ofbuilding their home. He would preferto  developable acre for the subject property. (RCAD No. 53400)  leave itin Ag, but that requires ten acres. Planning & Zoning Minutes - November 6. 2024  Page 2of4    HEARING to receive comments regarding the request. Public Hearing. Tunnell closed thej public hearing at 8:11 p.m. MOTIONTO. APPROVEZONING REQUEST.  Chairman James Tunnell opened the public hearing at 8:11 p.m. No one signed up to speak at the  MOTION MADE: SECONDED: APPROVED:  RUSZKIEWICZ GORDON PASSED UNANIMOUSLY  6.b CUP-2024-06: Hold a public hearing and consider a request from Timothy Wolf of Rockwall County EMS (Emergency Medical Services) for a Conditional Use Permit that would allow for an ambulance service contracted with the City of Heath on property located at 6834 S.FM 549, being1.025 acres situated in the E. Teal Survey, Abstract No. 207, Tract 11, City ofHeath, Rockwall County, Texas and zoned (SF-43) Director of Community Development David Gonzales stated that this Conditional Use Permit request to allow for Ambulance Services out of this location. Notices of Public Hearing were mailed to sixty-four neighbors and three responses were received ini favor and two in opposition. May23, 2016, the City Council approved Ord. No.160523C granting a five-year term CUP. February 12, 2019, the City Council approved Res. No. 190212F with a special exemption of 2,475 SF garage structure with less than 80% masonry and vegetative screen wall with the November 9, 2021, the CityCouncil approved Ord. No.: 211109A granting a one-year term CUP with the conditions: Final platting of property prior to issuance of building permit; Pave drivewayand parking areas; Construct 2,475 SFgarage structure: per Resolution No. 190212F; November: 1, 2022, the Commission recommended extending the CUP for three months with the conditions that ai final plat thej propetrtypriortoissuance ofl building permit; pave driveway and parking areas; construct 2,475 SF garage structure per Res. No. 190212F and Provide December 13, 2022, the City Council denied extension ofthe CUP (Ordinance No. 211109A) December 20, 2022, the staffi informed Mr. Wolf the extension of the CUP had been denied January 9, 2023, the staff] provided a notice ofv violation due to continuing operations and the Gonzales stated that thisi is a discretionary approval for the council pendingar recommendation from the Commission, the staff recommended the following conditions should the CUP be  Single Family Residential District. (RCAD No. 12649)  Asummary of events:  combination of trees and shrubs.  August 26, 2021, the staffinformed Mr. Wolft the CUP had expired.  Provide landscape screen per Resolution No. 190212F.  landscape screen per Res No. 190212F.  subject property complied.  granted and for a period not to exceed two years:  1. The: subject property: shall generally conform tot the: site plan provided. 2. The property shall bej platted prior to issuance ofal building permit.  3. The driveway andj parking area shall be paved in compliance with the City ofHeath's permit requirements and paving standards within two (2)years oft the approval oft this CUP. 4. The subject property meet the conditions as outlined in Resolution No. 190212F under Section 1, Section 2, and Section 3, meeting the landscaping screening requirements, with the exception oft the addition oft the garagebyallowing: fori the constructionc ofa25-ftx30-ft carport 5. The 2,475 square foot garage to house emergency response vehicles as approved by 6.' The landscaping screen required by Resolution! No. 190212F: shall bei installed on the subject 7. That all landscaping, screening and irrigation are subject to the regulations established by  as depicted in Exhibit' 'C'.  Resolution No. 190212F shall not be constructed on the subject property. property within six (6) months of approval oft this CUP; and  Ordinance No. 240312A.  Planning & Zoning Minutes - November 6. 2024  Page 3of4    Applicant Amy Ramirez, Rockwall County EMS was present stating that she was aware of the history and would comply with what needs tol happen in order to get backi into the CityofHeath, Two ambulances will bel housed at this location, one assigned to Heath and the second would be at transfer unit. Thej plan is to move the. Administrative Office to thisl location. Mitch Ownby and Tim Wolf started thel EMS operation in Rockwall in 1996. The 911 service operates four 24-hour ambulance trucks. One in Rockwall, Royse City, Mimms and unincorporated areas off 276. Chairman Tunnell clarified that this is a business that has contracted with our community through ani interlocal agreement and we enteredi intot thea agreement tohave an ambulance: service and does not believe that the agreement specifies performance completion or participation. The Commission suggested thati ifthis is approved, the applicant report progress every six months for Chairman James Tunnell opened thej public hearing at 8:51 p.m. No one signed up to speak at the City Attorney Marie Johnson recommended that staff work with the applicant on the performance matrix and work it into the CUP for ultimate approval by the council. MOTION: TABLEITEMTODECEMBER, 3, 2024 PLANNING & ZONING MEETING WITH RECOMMENDATION. THAT STAFF TO WORK WITH THE. APPLICANT TO COME UP WITH A PERFORMANCE PLAN INCLUDING A TIMELINE OF  measurable benchmarks.  HEARING to receive comments regarding the request. Public Hearing. Tunnell closed thej publicl hearing at 8:52 p.m. Discussion and action regarding the request.  COMPLETION AND RECONSIDER CUP.  MOTION MADE: SECONDED: APPROVED:  GORDON SHAW  PASSED UNANIMOUSLY  Chairman James Tunnell adjourned the meeting at 8:56] p.m.  APPROVED:  ATTEST:  mbtunnall JAMESTUNNELL CHAIRMAN  NORMA. DUNCAN Molr CITY SECRETARY  OF - A STEC OF  Planning & Zoning Minutes - November 6. 2024  Page 40 of4