MINUTES HEATHPLANNING & ZONING COMMISSION TUESDAY, JUNE 4, 2024 at 6:30 PM ATTENDING: James Tunnell, Chairman Thomas Bishop Harry Heinkele Mike Rask Joe Ruszkiewicz Bob Shaw ABSENT: Wayne Gordon, Vice Chairman Chairman James Tunnell called the meeting to order at 6:30 p.m. 2. Public Comment Noone signed in to speak at the open forum 3.a Receive Report Regarding the May 28, 2024 City Council Meetings and discussion of Chairman Tunnell acknowledged receipt oft thel May 28, 2024 Councill Meeting regarding P&Zitems 3.b Discussion and Action Regarding the Minutes ofthe May 7, 2024 Regular Meeting. same. covered at the May 7, 2024 Planning and Zoning meeting. MOTION: APPROVE THE: MAY 7, 2024 P&Z MEETING MINUTES. MOTION MADE: SECONDED: APPROVED: ABSENT: BISHOP RASK GORDON PASSED UNANIMOUSLY BY' THOSE PRESENT 3.C Case No. FP-2024-07: Consider and act on the Final Plat ofH. Michel Gibson Estates, at two-lot residential subdivision in the City of Heath ExtraterritorialJurisdiction on 39.989 acres of property addressed 20724 FM 740 and further described as Owen Slaughter Survey,AbstractNo. 461 and 240, Joshua Canter Survey, Kaufman County and Rockwall County, Texas. (Kaufman CAD 13297, 3730, and 56920; Rockwall CAD Assistant City Manager Aaron Adel stated that the applicant requests a plat to facilitate the construction house. The property is located in the ETJ is not assigned to a zoning district. Per the Development Agreement, the City will not involuntarily annex, provided... May not be subdivided into parts smaller than three (3) developable acres; Allowed: Ag, wildlife, timber, residences, home occupations, accessory uses...; No Special Districts (PIDs, MUDs); The city enforces all building codes, permits, inspections, and sub regs; Ifthej propertyisannexed: in the future, iti mayl be developed at one unit per developable acre. This density is compatible with the SF-43 District. Plat is reviewed for compliance with the SF-43 area regulations. Access is through FM 740.4 A Treescape Plan will be reviewed with the building permit. The property will be served by OSSF and water is provided by Forney Lake Water Supply Corporation. Grading and drainage plans will be reviewed with the building permit application. The plat conforms to the Comprehensive Plan's Future Land Use Plan that shows Rural Estates uses planned ini the ETJand conforms tot the Development Agreement. The Ordinance Compliance Matrix compares the final plat to (SF-43) requirements and Subdivision Regulations. Pers state. law, plat reviewi is a ministerial function. Staffi recommends that ifan approval is made, add the following condition: Before the plat is signed by the city and per Section 158.11 of the Subdivision Regulations, the applicant must provide an amended letter from Forney Lake Water Supply Corporation stating the WSC can provide sufficient water pressure and volume for domestic use and fire protection for Lot 1 and Lot 2. Michel Gibson, applicant was present to answer any 13297K, 3730K, and 56920K). questions and clarified that there is water service to both lots. Planning & Zoning Minutes - June 4. 2024 Page 1of5 MOTION TO APPROVE FINAL PLAT WITH THE CONDITION THAT PER SECTION 158.11 OF THE SUBDIVISION REGULATIONS, THE APPLICANT MUST PROVIDE AN AMENDEDLETTER FROM FORNEYLAKEWATER SUPPLYCORPORATIONSTATING THE WSC CAN PROVIDE SUFFICIENT WATER PRESSURE AND VOLOME FOR DOMESTICUSE. ANDFIRE PROTECTION FORLOTIANDIOTA. MOTION MADE: SECONDED: APPROVED: ABSENT: RUSZKIEWICZ HEINKELE GORDON PASSEDUNANANIMOUSLY BY' THOSE PRESENT 3.e Case No. ZA-2024-01: Conductal PublicHearing and act on an Ordinance changing the zoning designation from (A) Agricultural District to either (PD-SF) Planned Development for SF-22 Single Family Residential Uses or (PD-SF) Planned Development for SF-43 Single Family Residential Uses on 158.613 acres of property located at the northeast cormer 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, City ofHeath, Rockwall County, Texas. (Rockwall CAD No. 12706) Assistant City Manager. Aaron Adel stated that the applicant submitted a Zoning Change application on April 17, 2024, proposing a change from Agricultural zoning to: al Planned Development for Single Family Uses containing two Concept Plans. Both Concept Plans contain 115 lots, one plan has 1.0 acre and larger lots and the alternative plan contains one-half-acre lots. The requested zoning amendment is from (A). Agricultural District to (PD-SF22) Planned Development for Single Family Residential Uses or (PD-SF43) Planned Development for Single Family Residential Uses. Notice of Publicl Hearing was mailedi tor neighbors, posted, and published, the: applicant made: a written request that during the June 4th meeting, the Commission receive a presentation by the project team, workshop the two concept plans and other Exhibits, and table the case to a future Planning and Zoning Commission meeting, for further consideration and action. Notice ofl Public Hearing was sent to neighbors within 500 feet, posted on the website, and published in the Dallas Morning News by May 24, 2024. Forty-four responses were: received, eighti in favor and thirty-six in opposition. After tonight's presentation, the City Attorney recommends the following procedure to comply with the Notice of Public Hearing mailed, posted, and published: Open the Public Hearing and hear from anyone whov wishes to speak, leave the Public Hearing open and make ai motion to tablei thei item and 2018 Heath Comprehensive Plan indicates that the subject property is designated as a "Rural Estate." The Rural Estates designation is intended to accommodate large-lot, single-family development with ai minimum lot size ofone-acre netoffloorplans, public rights-of-way, and bodies of water. The submitted concept plan for the SF-43 one-acre lot configuration is in substantial conformance with the intent of this designation and the SF-3.0 District would also conform to the designation. Ryan Joyce with Michael Joyce Properties, 767 Justin Road, Rockwall, Tx., and Mike Boswell, Toll Brothers Home Builder, 2557 SW Grapevine Parkway, Grapevine, Tx., were present to provided aj presentation on two Conceptual Site Plans. Plan 1 was for 115 one-acre lots on 1581 total acres, removing the flood plane and bodies of water bringing the total developable acres to 145 acres which puts the density at. .75 lots per acre. Plan 2 has the same amount of 115 lots but are -5 acre lots and includesa pprosimateyom-lailotke property as open space. Boswell provided a summary oft the citizen comments and events that took place at the Toll Brother Land Development meeting continue the public hearing until a date and time certain. The Future Land Use Map in the that was help at the Event Pavilion on May 22nd at the Buffalo Greek Gold Club. HEARING to receive comments regarding the request. Chairman James' Tunnell opened the public hearing at 7:291 p.m. Mike McClard, 217 Blue Heron - hasl lived in Rockwall since 1988, owns property adjacent to this property. SF-43 is made to keep Heath as Heath and would like to keep one-acre homes with custom homes. Opposes SF-22. Ernie Burkett, 277 Terry Lane - biggest concern is egress and traffic. Planning & Zoning Minutes - June 4. 2024 Page 2of5 Stuart Kramer, 506 Torrey Pines - currently building a home near this property and would never. have built here ifIknew this was coming. Consumer Affairs shows this builder has an Bill Allen - 105 Sawgrass Drive - lived adjacent toi this development and his main concern is the City's water situation. Construction needs to be timed in a way that is consistent with covering all of resident's water needs and 115 homes right nowi is a significant increase. Dale Smith, 866 Parkway, Frisco - Community Manager for Heath Crossing and is fort the one- Ms. Morgan, 1410, Rockwall ETJ - recommended that' Toll Brothers Development be required tol build a water tower before they start tol build and hold them accountable: fort the 115 lotst that Kristin Draper, 414 Keystone Bend - concern is with water and moved to Heath for the open Laura Delamatyr, 201 Rush Creek Drive - has lived in heath over 34 years and her main concern isl building 3500 SF home on. -5 acre lots because it will look too crowded. Angela Moran, 1702 White Road - lived adjacent to the property and maintains the private Mark' Way, 820 Windlake Circle -1 lived in Heath over25years, does the City Council make the final action on this development? How much growth do we really need? Asked for a full Brian Reeves, 345 Broadmore Dr - Hei is a Custom Home Builder. What makes Heath unique ist that you can purchase al lot and chose the customer home builder that you prefer. Myles Hunter, 701 Jet Court - The half-acre lot request goes against our Comprehensive Plan. Trisha G, Shepherds Glen - lives adjacent to this property and opposes half-acre lots. She would not have built-in her subdivision ift that was the case. Concerned with traffic and water. Brian Wiley, 406 Normandy Lane - Has lived in Heath for over 12 years and left Rockwall because of] high density. Al lot ofwork was put into our current Comprehensive Plan that was designed to avoid this kind ofl high-density scenario. We want one-acre lots on this property. Gallaher Morgan, 211 Terry Lane - Iam pro-responsible development. Suggested that the developer remove. 20 homes from the plan, continue with the one-acrel lots, build a watertower Joe Leonard, 2 Sheffield, Court - Asked the council not to approve the: zoning change andl keep itas Agriculture, then nothing can bel built on this property. This] proposed development: is not going toi improve the quality oflife for the citizens of Heath, traffic, schools, water. Charles Reed, 525 Chippendale - Lived in Heath over; 32 years and clarified that oncet thei flood plain and ponds are removed from the calculation, the one-acre. lots are: really. -79-acre lots. Andrea Woodworth, 133 Sawgrass Drive - moved herei in April oflast year and moved tol Heath because oft the Community. Opposesbuildingi non-custom. homes ont this propertyand opposes more traffic on White Road that would hurt our kids from riding bikes in this area. average of 1, which is al bad rating. acre lot and opposes the half-acre lot. will be adding to our current water problem. land and city needs to keep the trees and green space. cemetery on White Road and her main concern is the cemetery. disclosure from the council members voting on this development. and connection and took care oft the roads. At 8:30 p.m., Tunnell continued the Public Hearing to a future meeting. Discussion and action regarding the request. The Commissioners continued discussion oft the comments from the citizens speaking in the Public Hearing and the consensus was that the opposition was for the half-acre lots. The Commission suggested that the developer focus on SF-43 and SF: 3.0 and consider reducing the number ofl lots. Concernsincluded trafficand water. This large propertyissosignificant tot the Cityand what happens MOTION: I MOVE TO TABLE CASE NO. ZA-2024-01 TO THE JULY 2, 2024 PLANNING AND ZONING COMMISSION MEETING AND CONTINUE THE PUBLIC here will be a legacy. HEARINCTOJUIY2, 2024. MOTION MADE: SECONDED: APPROVED: ABSENT: HEINKELE RUSZKIEWICZ GORDON PASSED UNANIMOUSLY BY PRESENT Planning & Zoning Minutes - June 4. 2024 Page. 3ofs 3.d Case No. CUP-2024-03: Conduct a Public Hearing and act on a Conditional Use Permit toallow the construction ofaz 2,981 square foot gatehouse, resultingi in a Combined Floor Area for All Accessory Buildings of 8,323. square feet and exceeding the Maximum Combined Floor Area for All Accessory Buildings of 6,500 square feet allowed in the Heath CodeofOrdinances, $159.20(B)(7)on: 20.18 acres ofland in the (A)Agricultural District, addressed 7229 FM 549,a and further described as. Abstract: 231, A. Rodriquez Survey, Tract 12-9, City of] Heath, Rockwall County, Texas. (Rockwall CADI No. 71735) Assistant City Manager Aaron Adel stated that the property is 20.19 acres in the (A). Agricultural District. Development on the site consists of a main residence and a 5,342 SF accessory building (existing gym, new building permit to add onto the gym rooms for water well and solar equipment, breezeways, and porches). With the proposed 2,981 SF gatehouse, a CUP to allow the following variance is required: 8,323 SF Combined Floor Area for All Accessory Buildings (5,342 + 2,981) minus 6,500 SF Maximum Combined Floor Area for All Accessory Buildings equals 1,823 SF Variance. Notice of Public Hearing was published and mailed to neighbors within 500 feet of the property on May 23, 2024. Three responses were returned, two in favor and one in opposition. The request complies with the Comprehensive Plan Future Land Use Map. The requested garage does not conform to S 159.21(B)14)(d) that limits the maximum size of an accessory structure to 900 SF. The applicant requests a Variance to allow an additional 700 SF. The request conforms to all other accessory structure requirements in $ 159.21 demonstrated in the Ordinance Compliance Matrix. $159.21(B)(2) allows a CUP to allow accessory buildings that do not conform to the requirements specified in division (B)(14). Applicant Darren Maybry,988 English Road, was present representing the Beaman family stating that the family is requesting a variance tot thel building structure for guard house and they now own the adjacent property that makes the total ofb both properties to; 35 acres. HEARING to receive comments regarding the request. Chairman James' Tunnell opened the public hearing at 9:05 p.m. Dennis Bailey, 1036 Rabbit Ridge - property owner that is adjacent to this propert and recommended that the City work the developer and property owner and work out ai resolution that will work for both parties. FM549 will become a 4-lane road in the future and this road willl be a gateway to the city. This property is an estate. lot and this is what the city wants. Jeff Wilson, 516 Lodge Hill Drive in Ridge Lakes shares a property line with this property: and has two concerns: 1. the property line is a drainage and doesn'twant it to get worse 2. the well that is permitted is very loud and is a nuisance. Tunnell closed the public hearing at 9:14 p.m. Discussion and action regarding the request. Darren Maybry, Maybry Custom Homes was present to answer any questions and addressed the drainage concern. Maybry also clarified that there is current permit for the fence but that design has changed therefore, a variance has been requested to the current permit. MOTION TO. APPROVE CONDITIONAL USE PERMIT. AS PRESENTED. MOTION MADE: Motion died for lack ofa a second. HEINKELE Chairman Tunnell stated that this is a beautiful property that looks great but the air-conditioned structure has the appearance ofar residence. Commissioner Bishopopposed. setting a precedentand asked the developer toi figure out a way that will work sO they do not havei to come back to P&Z. AMENDED MOTION TODENYTHE REQUEST. AS PRESENTED. MOTION MADE: SECONDED: For denial: Against denial: APPROVED: ABSENT: TUNNELL BISHOP BISHOP, RASK, SHAW, TUNNELL HEINKELE, RUSZKIEWICZ DENIAL PASSED FOURTOTWO GORDON Planning & Zoning Minutes June 4. 2024 Page 4of5 Chairman James' Tunnell adjourned the meeting at 9:331 p.m. APPROVED: ATTEST: Damasfunnell Venfl NORMA: DUNCAN CITYS SECRETARY JAMEST TUNNELL CHAIRMAN @ Planning & Zoning Minutes June 4. 2024 Page 5of5