be here so here's what we'll show tonight. So we'll see if we can get through this. So the first order of business is the public comment. And I see here that we have five people that have signed up to speak on the public comment section. This is an opportunity for you to tell the commissioners and the city staff as well as a group. Anything that's on your mind about any issue involving the city. If it's on the agenda tonight and it's open for public hearing you can wait until that public hearing until we get to that agenda item to speak on it or if you want to go ahead and speak on it now you can do that as well. That's your choice. This is really an opportunity for you to speak on things that are not on the agenda that are not going to be addressed. So Roy Stacey, you are listed on the first one to sign up to speak. I was planning on speaking on the full issue that is on the agenda. Okay, we'll take that up at that time. What about Valnet? Lee? Hi, I'm your aunt Lee and I will talk about that. OK, great. And Doug Watson. Yes, I'll stick it in mind. OK, great. Thank you. Deborah Hall. I'm Dave. OK, very good. And is it Clay-Dead Overfield? Yeah, I'm open. Oh, OK. All right. So you're going to wait until that item comes up. OK, great. All right, we will just address those public comments then. We'll get to that item on the agenda. The commissioners, have you received a packet with the report regarding the April 22nd City Council meeting and discussion of what they did on April 22nd? Any comments or questions about those minutes? No, I'm good. Okay, they will be accepted. Then the next item on the agenda is discussion and action regarding the minutes of April 1st, 2025 Planning and Zoning Commission. And the April 16th, 2025 Special Meeting of the PNZ. Y'all had a chance to review those minutes. Yes. Any additions, deletions, corrections or anything that we need to change on those minutes? I don't think so. If not, can I have a motion that we approve those minutes as written? Okay, Tom. You and Michael, second. All in favor raise your hand. All right, so those are all approved. The next item on the agenda is item 3C, Conduct a Public Hearing and Act on ordinance of the City Council of the City of Heath, Texas, amending Title 15 land uses, Chapter 159. is item 3C, Conduct a Public Hearing and Act on the ordinance of the City Council of the City of Heath, Texas, amending Title 15 land uses, Chapter 159 zoning regulations, Section 159-21, conditional uses to include allowing portable classrooms for private schools in the City of Heath, Governor Board, says providing the severability clause, repeal clause, and, providing the effective date, providing for publication and finding and determining the meeting in which the ordinance is adopted was open to the public as required by law. So it is a 634, I will open up the public hearing on this particular agenda mind, Mr. Stacey, you want to start us off? Sure. If you will, if you will come to the podium and just give us your name and your physical address, I would ask that you try to limit your comments to about a few minutes. We're not really strict on that, so if you've got something to say and you're not finished, we will allow you to finish, but just try to to limit it to three minutes or less if possible. I don't know if anyone was from the school was going to be speaking, but my name is Roy Stacey. My wife and I own the property of 1409 Lawrence. We butt up against Fulton Academy on the east side. We are opposing the portable buildings being placed in that property primarily for property value issues and aesthetics for the community, but we're really asking the commission not to take action on this because this is really just an interim measure. And we believe the commission needs to have full understanding of what's going on with that property before action is taken. I suspect the city doesn't. The neighbors found out by chance a few months ago that the school has been meeting with city staff for about a year now with the plans to put a 500 student school on that property plus a gymnasium and a swimming pool. And we asked for a meeting with the school. There was about a dozen neighbors and the president of Buffalo Creek Home or Association Math with the school officials in December, along with the interim city managers, city engineer, police chief fire chief. And we voiced many objections to this. We first of all learned that this was really not full to an academy, the high-end private school. It's actually owned and going to be built by a company called Pioneer Technology and Arts Academy, which is a company that puts charter schools around the country and has several in the North Texas area. And I didn't know anything about charter schools but learned that this is a taxpayer funded school. There's no tuition. They will pay no taxes to the city of Heath. And we have been concerned about several issues that we voiced. One is the whole issue of the charter school going in at that location. But we also had issues that we voiced about the water issue since we're already under severe water restrictions. We voiced concerns about traffic issues when they're talking about dropping off and picking up 500 students on a two lane road with no shoulder and no turn lane. We voiced concerns about noise pollution, light pollution. we've the concerns about the concerns about the concerns about the concerns about the concerns about the fact that they intend to put a huge drainage ditch right next to our property that's going to be up against 740 Ridge Road. Some of us have voiced additional concerns because we've been told that they're going to put a 10-foot tall wall in our backyard with traffic car driving on top of it. So I don't know how much this commission knows about that, but I think the commission needs to understand what's going on with that property before you take action on an interim step of just putting portable buildings on the property to allow them to get to the point where they can build this school. So that's our position. All right, thank you, Mr. Stacey. On that lead. Good evening, everybody. I concur with Mr. Stacey. If you will just state your name in your physical address, I. I'm sorry about that. I think I'm in my usual environment. My name is Fiona Delgarly, and I live at 313 Nights Trail, the Renaissance. And I concur with Mr. Stacey. I don't have much more to say. I think it's imperative that this be taken in that what we need to take into consideration is the big picture. It's not just the portable buildings. We need to know, you know, we cannot lose somebody to move in and put portable buildings. We don't even let, like somebody said, at one point, have 1.6 million dollar homes in the period state, much less we should be having portable business in his Texas at this point in time. We're all very hardworking people. We take very much pride in our community and I don't think portable buildings is the way that I want to see our community known for. And the prong that you have with portable buildings as Mr. Stacey kind of tests and I kind of tests were both trial lawyers. Once they get in, how do you get them out? And once we have a student in the shutter, you have a good time with that one. You know, I just think that this is just a big issue. Also, I live in, I drive by that property each and every day. That's the most dangerous intersection in Heath County. I don't think, I'm sorry, somebody said amen. Praise the Lord. Praise the Lord. And, uh, praise the Lord. I mean, seriously, I mean, they shouldn't even be a yellow light to go right when you're getting out of like, um, swirl into the ride. I mean, that's just, that is a death waiting to happen. I prohibit my husband from making right. He's sitting right there and ignoring everybody because I mentioned him. I prohibit him from making right turns in there. So we are going to have a school traffic in one of you know we already have the high school very well managed. I think this is just should be I know. I don know, just not to the portable. Definitely the portables. But I think it should be unknown to the further school. Thank you, and I'm happy to be a member of the community. Thank you, Mr. Watson. Well, I'm not sure if this is actually where I should be addressing this. If you'll suggest you make another one. I'll send 10 here for you, John. Perfect. Thank you. Okay. I'm not sure if I should be addressed in the planning zoning commission about this, but this just a list of some things I'd like to answer. I understand that this pioneer technology on arts academy and metal hoax academy is owned by Pansley Partners, is that correct is anyone there of what we're not able to answer questions necessarily regarding that. Okay. Okay. Okay. Well that's all the things. But they are going to be operating on STEM as maybe a private or a charter. correct? Don't know one or the other. Well, no one else. Yeah, I have to tell you. Okay. Okay. We'll need to wait. private or charter, correct? Don't know one or the other. Well, no one knows. Okay. Okay. Well, anyway, as I move down, I was plumber most of my life. And anyway, I've got some issues here regarding that whole operation up there. First of all, I guess, They own on a Rovick or are they on San Terris River? Septic. Septic is minor standing, but no doubt. And what's the capacity I'll keep in the seat? You got me. But it's a good point. Yeah. We should have the answer. Okay.. We don't have the answer. Okay. Do your whole list. Okay. Well then, if that property is going to be used for having a number of students understand, about to 500 students. 500 students. A rubit is not going to work on that property. So that means the city is probably going to have to enlarge the system or they're going to have to go on a forced system or as a left stations. And I'm I'm I know plumbing and popping and labor and things like that are very expensive and I know the property behind I had, there's approximately 14 acres. And you're not going to allow that gentleman down there to, he wanted to, he's all aware of probably about that property behind me there, behind the hillview. And he's going to have to go, of course, to robing, homelike, or a half. But that's single family home. So we're talking about school now. So if they do go on San Terri's tour over there, they're going to have to enlarge it. The city's going to have to enlarge those lines. That's going to be costly. So I don't know who's gonna be responsible that I was done probably the city. Now I don't think you can get the school to play for that. But anyway, I just want you to be aware of that. And then how many portables they plan on No, no, no. You're not no. We'll hear a presentation in a few minutes. Yeah. Who is here? We'll hear a presentation in a few minutes. We don't know what to happen. It can see even here or going to make a... You're not know. We'll hear a presentation in a few minutes. Yeah. Who is here? We'll hear a presentation. We don't know what to happen. Can see even here are going to make a presentation. But we will ask them to make a presentation. Well, I'll make a presentation. And then I'll have time here. No, no, no, you're not going to answer all the very questions. We'll make it notes. Oh, okay, dirt. Right now, they don't have enough parking for the people that they have over there. Okay, restaurants. That's another issue. Now I know that building was moved in there. There was a home I originally built on that property. One of those homes is currently I'm not sure if they're using it for offices, but those other buildings were fabricated buildings that were moved in on that property back approximately 25 years ago. Yeah. And of course we've had issues over the current entire. We've had a lot of issues over the health of you regarding all that property. But the mixed wines originally owned that property. And that was all like, I remember when Mr. J. Rowe ran his horses and all that over there in that area, but that, our town has changed dramatically. But we don't, our traffic situation is in horrible. I know I going over my three three minutes. I'll see people. OK. If you don't cut me off, you just have to be able to go straight. But anyway, we have traffic issues, noise issues. We live on a dead end straight. And we're pretty quiet over there, mostly older people. You heard some objections from us. But anyway, I'm just trying to get my point over that I don't think that property is suitable for what they're proposing to do. Now, I have seen this has been going on for approximately a year and a half, Mr. Roller. This has been going on for quite some time about this property. It has changed dramatically. At one time we're going to swim in pools, gymnasiums, parking for over 300 cars, but now we're down to portables. I'm not sure we're going with that property over there, but it was own egg. I'd like for it to stay egg if anything, nothing but a school. They were sitting on a very valuable piece a property. Why are they bringing it to Heath, Texas when I don't see any benefit for many most people that live in this town or do not need subsidized money from the government to help pay for schooling. I understand that this is a charter of which they are in lower city. They're right there on Air State 30. It's fine to have a technology you drive by every night. Same people. They also operate another school, several schools, very well, while not heeled, lying to the Dallas, the skate Texas, and they operate on another name over there called Medacroom. That's another school. So they're a I chore and now they're a private. What's the age of these students going to be? Are they going to be up to 12? They're going to be driving cars. Are they going to be bringing them into buses? I told you I had retired back about 2007, but I didn't quit work. I ran out of any special needs, bus, each and every day. And the traffic situation is a nightmare in Rockwell County and here you are bringing something into the city of Heath. Dear my neighborhood and well anyway I want to talk very speaking and I appreciate you listening. Thank you, Mr. Watson. Thank you. Ms. Watson. Oh, thank you. Thank you. Miss All. My name is Deborah Hall. I live at 17. He'll be in June, it'll be 32 years. Yes, you're right. Fulton is a charter school and as everybody's spoken, we have been at odds with Fulton over the years, over them coming to the city. Won't say it was behind closed doors, but coming to the city and then we find out whenever about what's going on on our street. We are a residential neighborhood just like the Renaissance, just like Willow Springs and just like anyone coming down that street and it seems that the actual I just wish the whole council could go and look at that property. It, if you faced, if you stood at standard right there and you looked on the right side of that property, is the dilapidated house that I, Claudette and Jerry and Terry have called on finally, last year we had the storm in March of 2024. I called the city and I love Hover air. He's a great guy to work with for the city. There are people that do fireworks out here and I don't know how high that power was, but it was as wide as this and as tall as this that they just kept stacking. And then here's this dilapidated house, the whole porch is down. But the city did say, because I called on it, well, we can't do anything. The water's turned off, the electric and the gas. And I said, but that doesn't keep. And I don't know if you've seen them, but we've got homeless people walking up and down 740. And that's all they have to do is come over there and take up residence and see if no one would know it. And we're offering this beautiful town something right in the epicenter. Do I like the water tower? Not so much. But you know what? We needed a water tower. We don't need a charter school. We're exemplary schools. We've got I'm in the mortgage business and we've got people renting their homes out in Rockwall to be in haith. Just to get their kids in our school over here. And for us to just, it's almost like we take this and we just go poof. And just like everybody said, the traffic's terrible. But I sit where I can sit, well you can't see now because they never clean anything up. Never. The trees that were down from 2024 are still down because the city, I mean I could see Heath, Water Tower right there from the entire fence that y'all have, the city has, on the outside is Fulton's property. Okay, one day they were out there and I have coffee on my back porch every day and these guys are surveying. They were literally from here to Mr. Gonzales from me at the back of my fence. I walked out there and go, hey guys, what are y all doing? Well, we're getting full tons of numbers. Okay, I don't know where y'all live and it doesn't matter what kind of home, but would you really want that behind your property for the value, for the fact that it is a residential area? I just asked that each of you go over there and look at that place. It's nasty. I have asked them for years to cut their trees that are in my easement that I continue, well, Jerry cuts them. But we continue to try to keep their part of what face is us. And if you think putting, how long do you think a portable looks good a week? Maybe if it has steps put up, you know, it's like, please go over there, walk around. Being a part of what they are asking to do to our neighborhood, and it's our neighborhood that they're coming towards, and then all the neighborhoods around will be the neighborhoods that will get the runoff, the whatever. I just ask you, come visit their property and you will see what we're talking about. Thank you. Thank you Mrs. Hall. That's all right. Mrs. Overfield. Mr. Chairman. Mr. Chairman, if I may. Yes. Just in the for fairness, we need to limit the comments to three minutes, I believe. Logan, do we have a timer? That way, it's just fair for everyone from this point on. Public hearing. I'll do better. Thank you, sir. I'll be sure. You have three minutes. A lot of it overfield. I live at 14 Hillview and I don't disagree with anything I've heard. But we just had an election and all the candidates were talking about hometown keeping, heath home, keeping, you know, our cute little community, I'm not saying it right, but you know, keep heath heath. Well, they, Fulton Academy was great. Fulton School, they don't take care of their property. And I know it's not the official entrance to Heath, but you come up old Ridge Road, a lot of people do. And you see, I mean, it's the fence is dirty and full, you know, parts of it are broken. They don't cut the grass, they don't trim the hedges, that house that's deserted. I mean, it's horrible. And does this have what we want for Heath? So, and like they said, we have the same schools. Our mosquito has a couple of green bull. Roy's sitting at that those are bad towns, but is that what we want for Heath? I don't think so. Anyway. Thank you, Mrs. O'Hill. That was under- Freeman. You did good. Thank you. Thank you. Okay. Anybody else that want to speak publicly on this issue? Step up, sir. Yes. My name is Alan Ross. I'm the consultant for Fulton School. Excuse me. I'm the consultant for Faulton School. Excuse me. Sorry. Doug Sitter. Yeah. I hear you. I wanted to spell a few comments that were made. Fulton School is and will continue to be a private school. They tried it as a charter school during COVID. and they public. And the public is going to be They tried it as a charter school during COVID, and they elected not to go that route. And I've been told by the principals that it will stay a private school. And it currently is a private school. It is currently a private school. Yes. I'll talk about the plans going forward, and then I'll come back and address the portables. The plans going forward, we're going to be coming back to the neighbors. We met with them a few months ago. We ran into a technical snag which we're working out with Mr. Gonzalez. The boundary survey was inaccurate and we're working through that and revising the site plan and we've taken the neighbors input into account and we'll be coming back and presenting to them officially in the next few weeks. Regarding the portables, we're asking for one portable. It's intended to go behind the existing buildings. It will be earth-toned like the existing school building. And it will have a three-year term limit is what we've requested. It would have to be removed after three years. The purpose for it is the school is growing. The school's capacity, the principal of the school has taken it. She started a few years ago at 30% occupancy is running it at 100% occupancy. It runs K to 5. Nothing more, nothing less. And the intent of the portable classroom is to fill the gap in the next couple of years. Demand is way up. As a private school, I think it's a good addition to Heath and with what we're proposing for the new building will be a great addition to the town. Thank you. Thank you. A couple of questions. Yes, sir, if you don't mind. You indicated it's a private school. What is the current enrollment? 175. All right, and it's K through 5, right? Yes. And are you telling us and telling the crowd that it's going to stay K through 5? Yes. And are there any plans to sell Fulton to any other entity to operate the E-Mobile? Not that I'm aware of. You've heard the name Pioneer, are you familiar with that outfit? Yes, I'm the architect for PTA, yeah. Okay, are there not any current plans at all to sell Fulton or their campus to Pioneer or let Pioneer run campus? That's what I've been told by the ownership and the portable building that that's an issue here you're talking about one portable building How big it's two classrooms and it's got two bathrooms in it and the reason for the portable building is because you're're running out of space and you haven't built a new building or a room. Correct. Yes, yes. We're facing increased enrollment problems. And so the plan is to build a larger permanent building and then get rid of the portable after the building is built. Yes, okay. Yes, the long term plan is to take the building that's in the middle between the two larger buildings and remove it as well and repurpose the two existing buildings. You know anything about some of what we've heard there about the failure to really keep the property up and to try to change the building? I'm a little bit aware of it. I've been made aware of it by the neighbors. I haven't been that involved in it. The reason being is that my focus right now is from the water tower east and I'm not dealing with the property on the west side. I'm vaguely aware of what's going on with that house that the ladies of the referring to? Okay. As I recall, this came before the commission a year and a half ago, I believe. And we ran into some drainage issues. We're going to have to build a huge retaining wall to address those. And I think the City Council, if I could be mistaken about this but I think they denied that request at the time and I hadn't heard anything since. So were you a part of that to place earlier? No, I don't think it was ever denied by Council. Okay, maybe it was Aaron and me. I think that may have taken. That's a final plat is what came before council in 23 I believe and so that's that's what's been approved as a final just we have been through the building approval shop and the other comment is the capacity for the new building for the school is proposed for 400 students not 500. I said 400 students not 500. We can't have comments from the audience the public hearing is closed the city has a duty under the public and from our wrong act open meetings act to record the meeting and we We't we can't capture comments from the audience it disrupts the recordings so if you could I was asking I need to hear what he said. Can I please finish? If you if you have something like you can't hear please raise your hand please don't, because we can't record if there's background. Thank you. I think you have to go through the chair. Let's go ahead. Can he repeat what he said that he was, I didn't understand what was the, the repeated louder. Sure. Yeah, can you repeat it louder? It was not denied by council. We had gone through and we'd got the platter approved by PNZ and Council. And we're back now working on the site plan and working with y'all as the neighbors working through issues with the site. And then we're going to be bringing that back forward. Yes. Sorry. Yes, go ahead. Okay. Where did you say we're going to meet anybody who speaks to come to the podium, speak into the microphone. So, public and your answer, it is. Yes, it is. Yes. Okay. If you want to speak, we'll ask you to come back up to the microphone and speak publicly about the challenge. Finish first. Yeah. Go ahead. Finish have more questions for me. Okay. Okay, I've got a couple of questions. Yes, okay. Right now it's K through five. Yes. Even when the increase in enrollment up to 400 is going to stay paid one more time. Okay, yes. Any comment on the aerobic system and being overwhelmed? And it will go on to the city's sewer system. At the moment, the intention is to leave the existing buildings the way they are. Okay. Any comment on swimming pools and gymnasiums? It's part of the plans and it's part of the academic program for the children. Okay. We originally, the owners had in mind of making the facilities available to the community, but we were advised by staff that that wouldn't be allowed. I know when we approved an expansion of the middle school at Verizon and whatever that is, 512. There was a big deal with the traffic and they had to work through and put additional lanes on the property off the road in order to hold all the cars that are coming to pick up and drop off kids. I see similar problems today with the enrollment of 175, you know, 1140. So again, at some point that's got to be part of your thought process too. Traffic's a big deal there. We have produced a traffic report which has gone through the city engineer, which has also gone to text. And text. It has approved it. So I'd just like to remind the commission what we have posted on the agenda tonight as a text amendment regarding portable buildings. Anything that the applicant is working on before building in the school, I understand that the public wants to hear about that, but we cannot legally speak about items that are not on the agenda. What is on the agenda tonight is portable buildings. And one other question for me, and then I'll let the other commissioners ask any questions. But what time frame do you anticipate for getting approval and building a new building so portable buildings can go by the wayside? Well, we were hoping to get underway this year for the new building, but with delays in meeting with the neighbors and redoing the site plan addressing their issues, taking us longer than we thought. We're looking probably optimistically two years. Okay. Commissioner, is there any other questions? I'll probably, I'll let you the presentation before I have any other questions, but I probably will have some. Anybody else? Okay. Thank you. Okay. And I'd also like to clarify, we the public hearing is still open. So if there's any discussion in the commission, it needs to either be closed. If you want to allow the public to speak, they need to speak now and then the public hearing is, needs to be closed. I think 30 seconds. Sure. Again, I'm Roy Stacey 1409 Lawrence. I went on this full-tonic academy's website two hours before I came here today, and contrary to what was just represented to you. Here's what Fulton Academy website says right now. It says, our diverse student body consists of students spanning preschool ages 2 through 5 through 5th grade. Our 6 through 12th grade program is run by our sister charter school Pioneer Technology and Arts Academy, which further consolidates their engineering and technology program in middle and high school grades. That's what's on their website right now. So they're here representing something to you totally contrary to what they have on their own website and what we've been told in these meetings that we've had with the city. And it is not full to an academy that's made an application with the city. It's another company called PNC Limited that's associated with Pioneer Technology and Arts Academy, which is a company that owns charter schools around the country. Thank you Mr. Sations Anybody else for the public I just have a question because you said 17 healthy, okay, you said this is If you just say to me again. Never haul 17 healthy. Okay. You said this is what you sent to or the city did and you said that the portable would be behind the existing housing that they have a school in. Yes. Okay. This right here buts up against our back fences. Yes it does. This is Hillview, right here. That's my property right there, right where the blue boxes. So I'd like to know where is the portable gunna be? That's because what we're being shown and also you told us at our meeting I can't call the day that the meeting we had with you and the two guys that were showing us stuff on the computer that it would be through 12th grade you sent it. Okay, that's fine. Thank you. Thank you, Miss All. One minute. All right, please make it quick. Yes. And Mr. Chairman, all comments, they should be addressed to the chair and no one else in the office, please. Yes, just address all the comments up here. Violetly, 3139, Strailed. The bottom line is that this is our community. We are the ones that pay property taxes, we're the ones that are actually having the experience with this school, and we are the ones that need to be provided responses to. And it's very concerning to me that we fund out a year plus later that there have been some conversations of things that pertain to our community. And I'm not sure why I need to address it too, but it needs to be addressed. It's just extremely concerning. That's all. Thank you so much. Thank you, Michelin. Anybody else? Yes. You bit. Clotted overfield 14 Hillview. Um, gentlemen said it's a private school. My son went to Fulton Academy when we first moved here. We paid $5,000 a year tuition. I'm wondering what they're charging now for tuition if it's a private school. My niece goes to the same company charter school in Royce City. And she's in kindergarten. There's no charge. So I find it hard to understand how open can charge tuition as a private school when all these other charter schools don't charge. Thank you. This is overfilled. All right. Anybody else? All right. It's 17. I'm going to close the public hearing. Do we have a presentation by anybody with the seat on this item? Yes, Mr. Chairman. Thank you, Mr. Vice Chairman, rather. I think Chair probably works fine. So in light of all the comments that have happened with the audience, I certainly don't want to go over the same thing, so I just want to get straight to the point here. And in this, and this is the first two applications that should happen here. The first item here is a text amendment to allow for a temporary, temporary, portable classroom. And so that's the purpose of this meeting this evening is to bring forward a request for that. And essentially what happened happened is the applicant contacted us and to let us know that they are experiencing an expansion of a number of students. And because of the site plan that they are working on, that's not going to be available in time in time obviously to build before the school year starts. So they asked for a temporary building for the site. What staff indicated them was, that's not available. This is an SF-43 zoning district. It allows a private school by right, by right for that property. And so when you had that and you have a request for something that's not allowed, we have to bring it forward to see if a tech amendment is appropriate for this property to allow for the temporary building. And I think there were some questions about temporary building. Everybody probably knows what that looks like. This is what the example is of the portable classroom. It's going to be about 1,500, 1,600 square feet somewhere in that range. And it is one that will be requested. However, this part of the presentation or this part of the zoning request is to be able to amend the zoning code to allow for a portable temporary portable classroom or classroom rooms. In this case the applicant when he comes forward with the CUP will be asking for a we'll give those specific at that time. He's indicated one that's what we know from the love from the application that has not come forward. So I can't really discuss that at this time. But this is just to allow for an amendment to the zoning code under section 15921C, which is the SF-43 zoning classification, zoning district. So what this will essentially do, if this is approved, this will allow for a private school to request a portable classroom for that property. If it's within the SF-43 zoning district, right now, Fullton Academy is the only school that is within the SF-43 zoning district. If this is amended and another temporary school comes in later on on an SF-43 property and this is in the code, this will allow that school to be able to request a temporary classroom as well. Now with this being a conditional use under 15921C, the conditional use would allow, once we get to that step, would allow conditions within, additional conditions within that use to say what's been mentioned here three years. So if it is allowed and you do move forward with this, then you will see an application for CUP that will request those items in the future. But at this point, what we're looking to do is to bring this forward to you for a recommendation to Council. Obviously this is the discretionary decision for City Council. to take a look to see if the code needs to be amended to allow for the temporary classroom. We do have a draft ordinance in your packet that addresses the conditional use and where that needs to be placed within the ordinance and also to define where the temporary portable classroom is, which is a portable modular building that would be placed on the property. Anyway, those items are in your packet. We've heard from the applicant. I don't know if you still want to hear from the applicant again. If the applicant wants to make any further presentation or say anything else, I'll be happy to hear from them. And I'm available for questions as well. Okay, so, yes to meet you. Yes, you bet. For the room, I'm on staff here with the city. And I do want to clarify a couple of things. We've heard a lot of details presented tonight about this specific site and specific concerns related directly to the Fulton property. The question before you tonight is, should the city amend the SF-43 zoning regulations for the entirety of the city to allow for a private school, which is allowed by right anywhere in a SF-43 district where it can fit to have the ability to obtain a conditional use permit to put a portable building on that site. So as David mentioned we just have the one example of that in town right now but the question before you tonight is is it appropriate is it an appropriate land use in the SF 43 zoning district anywhere in the city of Heath that has a private school on it to allow for a conditional use permit for them to have a portable classroom to it. So the issue before us is extremely limited. It is very narrow. It is very should this amendment take place which would allow any SF homeowner or school or private school to come back to us to seek a CUP. It would be specific to that. It would be a lot to do that, but then we go through the whole process again and have the discretion either grant or deny the CUP, right? To clarify not a homeowner, it would be specific to a private school use. Yes. And that is a very narrow question before you tonight. It's just that. Okay. And for purposes of the audience as well, this is, I mean, we're the PNZ commission, so we make recommendations on these items before us, but then it has to go to the City Council and go through another public hearing with the City Council and the City Council will then decide what to do on these issues. So this is kind of like the first stage. And just to reiterate, we're deciding whether to allow this use, then later the applicant, this applicant or any other applicant could come forward and ask for a conditional use permit. It's kind of like this use has to be granted first and then they come back and ask if they can do it. So this is the possibility. So this is the possibility. You would create the possibility for somebody to make an application for a conditional use permit. Thanks, Eric. Thank you, Eric. And you mentioned the public hearings for council. That is scheduled for May 27th. It's just, the audience knows that. Okay, thanks David. Comments, any other discussion questions that you guys interested in getting answered? I mean, from my perspective, I hear exactly what many of you in the audience are saying, but those issues are really issues with at least it sounds to me like you don't like the fact that we have a charter or private school in this location at City of Heath, but Fulton owns this property. And it's already Zoned that allows, as a matter of right, for this school. And whatever issues you have with Fulton in terms of how they operate stuff, it's really a different issue. That's not the issue that we're really here to decide. We're simply asked to decide, should we allow an amendment to the ordinance, which would give them a right if they choose to do so to come in and seek a conditional use permit to put in a portable bill. That's all we're being asked tonight. So most of what I've heard are dissatisfactions with Fulton and how they operate and how they maintain their property. And whether or not we really want that, but I'm telling you that the issue is already it's past us. They're there and they're operating as a school and they're going to continue to operate as a school for as long as they want it unless we change the zoning and prevent them from doing that. So it seemed like a really narrow issue to me. Yeah, but I'm going to argue the other side of that because I'm not an attorney, I'm an engineer, and I'm very pragmatic and focused. And I heard that there were problems with that property today, and we're using that as the example to decide if we want properties like that to have a portable classroom on them. It should really be independent of this property, understand. But the one example we have is a very good one. So why are we trying to make a potential bigger problem with the smaller problem we have today? Because now we're going to allow two more classrooms, more traffic, more this, more that on that same piece of property. So I understand we're not supposed to think about all those issues we heard about, but from my perspective it's really difficult not to, because we're putting it, letting the camels and those get into the tent at this point. And if somebody later, as this exemplary run private school, and they come back and they want a portable classroom, we can revisit this subject again. So you can look at it from different ways. That's all. You have a question for staff. We have two schools, one in the city of Heath and one in our ETJ that have portable classrooms schools. They, but what I understand, they don't have to follow the same zoning requirements is that correct? Right, yeah, that's correct. Yeah, what they do whenever they have a portable classroom to place on their property, they'll submit a permit through our building inspections department and it's approved in that manner. Do we allow more public school in any other use? In the townhouse? Any mobile homes, any mobile businesses like in a former life I had snow cone stands. I would bring them on the side, run for seven months, and then take them away. Do we allow any kind of portable businesses, portable buildings to be operated out of? No, no sir. So in our zoning, each zoning class we have, we have specific uses that are allowed, or by right, uses that are allowed. We also have uses that are prohibited, and then we also have it listed out, generally speaking, that if the use is not listed, then it is not allowed. But we also just want to make sure that we have certain uses listed that are certainly prohibited. Thank you. Boy, I got it. Tom? Well, first off, I want to thank everybody for coming. And I mean, we here try to do a job for 11,000 citizens to non-paying job. And we try to follow the comprehensive plan to the best we can. And to ensure that things that we do are in compliance with that, and we also try to work diligently with our citizens to try to find win-win solutions. has been mentioned. I think it was about a year and a half at all, I'll strike a time when before us came this motion to add to Fulton County School. And I think the general consensus, I'd have to go back and look at the records, I'd probably look at Aaron. But I think the general consensus was a year and a half ago is we'd like to see this school continue to grow and to prosper and to be successful in the community. And I think that's kind of where we went a year and a half ago and I think that's where the city council went. Listening to night obviously you know there's some issues and concerns and legitimate issues and concerns. You know I think if I could make a recommendation I think maybe what we need to do is as a group and as a team in this city try to work towards finding solutions to what we've heard tonight and to find a win-win solution so that this, the citizens and the kids that want to go to school there, can go there and that the school can continue to prosper and grow, but that we've solved some of these other issues that some of you have brought up and to make sure that we're moving as a compliant city. So that's kind of what I'd recommend. Maybe we table this or move this to a little further down the road to get some of these issues done. I don't know how long it takes to build this new addition. I'm not an engineer, but maybe we can figure out a way to get a construction site going, clean up some of the issues that we've got, maybe even avoid the portable classroom. So this is my suggestions. Thanks, Wayne. You had any? Yeah, I think it'd be a good idea to hold off on a portable classroom. In fact, that doesn't really fit within the image that Heath wants to present. We're talking about putting these portable classrooms on your foot. That's a three-year period. Well, I know in the past that a lot of these schools will put them up during construction. And instead of just going ahead and building the school and finishing the job to get the children into the new classrooms, did the portable building stay there? They keep using them. I'm just against doing this because it opens the door. Even though this is the only property we're talking about. In the future, this opens the door for more portable classrooms, more temporary crap, and excuse me. But I'm against doing this. Very anything else? No, no. if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. I'm not sure if I can do it. you know, the more responsive we can be to the community. So I appreciate your time in being here. Yeah, I'll echo that as well. And like I say, most of what I've heard is our issues with fault in itself. And that's a different issue that we're being faced with tonight. I think Harry makes a good point and Bob is well and Tom is well. I would like to know a lot of the answers to a lot of the questions that you all raised today as well. And I don't, I don't know the answer. I mean, I've heard there are private school. I've heard that no, they're not there at charter school. I've heard that, you know, they're not connected with Pioneer and there's no plans for those two to come together to build a big, huge campus there. And then I have here indications from their website indicating something otherwise. And so I think based upon that I kind of favor tumbling the issue and encouraging Fulton to get with the citizens that have showed up here tonight and give them as much information as you can about that and what you intend to do. I mean I understand what you're're saying on paper is that we're running out of room and our enrollment is increasing and we gotta have some place to put these kids. And I understand that completely. And portable buildings make some sense if it's gonna take a while to build a permanent building, right? To house that increase in students. But when you're talking about portable buildings you've got all sorts of issues in my mind that come up okay is there a time limit on it how long is the portable building gonna stay there how do you get rid of it after you've built it theoretically you build a new building and you tear the portable or remove the portable off and get ready but it always work that way and so those are a lot of questions I think that if we spent some time trying to meet and communicate and find out more information to get some answers to these questions, it would help us in the long run for what Harry said. We don't have to eventually face these issues. And they're eventually gonna have to go to the city council, so more information is better as before I'm concerned. So again, I want to remind the commission that some of these questions that you want answers to are not before you. They will not be before you on an next meeting. They will only be before you if this text amendment is approved and they submit a CUP for a portal building. So I want to be very clear that some of the questions that you want answers to and that the citizens want answers to will not get because that is not in front of you. And you just have a text amendment tonight. If that is approved, if you recommend approval, if council approves it, then they submit another application that says how long can the the portable building be on the where is it going to be located. All of these questions at least one answers to would come at a later date. The public would get notice again there would be a public hearing it's another zoning case but we're not at that. And so if you table it, expecting to get more information than answers, we're not fair yet. Because that application cannot even come through until this is changed. Yeah, I'll take another swing at it. So, you know, my son sits in a portable building at Linda Line every day. And it's the building he's in has been there for two years. The skirting's coming off the bottom of it, you know, windstorm. There's a deck ramp going up to it. We just had an election and we heard overwhelmingly from the citizens that they move here for the unique beauty and the quality. And there's even an amendment that we don't want an identical house within a mile of another one. Now that's the standards that we're trying to set. And so I don't think that portal buildings was scurrying and that sort of thing fits with our community. So I'm ready to make a motion whenever you want to entertain one. All right. Anybody else? You move away to make a motion? I make a motion that we'd the request or the Modified and Code of Ordnance Make a motion that we deny the request before us ZTA 202501 I have a second All right, all in favor, raise your hands. the . . . . . . . . . . . . . . you So just for the benefit of the room, the result tonight does take this item forward to City Council on May 27th. And in order for this to be approved by the City Council, it will require a supermajority vote of the City Council, meaning if seven members are present, then it'll take six out of seven order for this to be approved. Okay, thank you. Let's move on to 3D. I don't number 3D then. Case number ZA 2025-02. Hold the public hearing and consider a request from Stephen Doty for a change to the 2019 comprehensive plan and accordance with section 211.04 of the Texas local government code by meaning the future land use map from retail and medium density residential designation to rural estates designation for the property described as lot to Daniel's addition being a 3.766 acre partial of land addressed as 1603 Smoral Drive City of Heath the walk wall county Texas walk wall C.A.D. I.D. one six oh nine nine. Sir thank you Mr. Chairman and turn it on. Thank you Mr. Chairman. And so the applicant so this is going to be a simultaneous application that is coming before you. Do we need to hold a public hearing on this first? No. Okay. Jennifer, proper order. Okay. Go ahead. Yes, generally speaking, staff will make a presentation. Yep. Okay. Then we'll go to the open the public hearing, here from the applicant and then the comments. Close the public hearing and the comments from the board. Yes. so once again, this is going to be a dual simultaneous application. So there's one application that's right behind this one. This right here is to amend the future land use plan the next one of the zoning change. Can't go into the zoning change now because there's two separate cases. However, what essentially is going to happen here with this is the current property that you see here, 3.7 acre property, it has two designations from a preacher land you stand point. That being it shows to be a retail, let me come over here and show you where this is, the property is located, you can see where the pointer there it is. Properly located right here, you have two designations, you have the red which is retail and the yellow here which is the medium density residential on the future land use map. And so this property for whatever reason has that dual land use type attached to it from a future land use plan. It's going to be the same when you see the zoning as dual zoning's attached to it. What this essentially is the applicant, there is currently a single family home on this property. And let me give you, this is a better visual of the current property. And it's in the form of a flag law. Let me just cover that. It's off of Smirl Drive. Where, okay, there it is. It's off of Smirl Drive. And this is in the form of what we call a flag law. In other words, for this property and this was plighted back in 1981, I believe, somehow they had to meet the minimum zoning requirements for width and to be able to bring this up the property line and to be able to have the remainder of this property forming what you look at as a flag. So that's kind of where that term came from, a flag lot. There is currently a single family home that's located on this property. And what the applicant plans on doing is to demolish that home and to build a single family home and another single family home on the property. However, prior to that, there has to be a change to the future land use plan because this designation, as we've indicated from a retail and medium density residential, does not fit with our current comprehensive plan now. Our current comprehensive plan requires this to be in a rural estates designation. And that being because the SF, the medium density residential represents an SF-22 zoning designation, that is an obsolete zoning designation and it's for a half-acre lot. Our current land use requires a minimum one acre developed available. So going to the rule of state's designation for this land use type will be a proper designation for this. And so it's proven to be able to amend the comprehensive plan before taking a look at the zoning in order to approve the zoning to a proper zoning so that way the applicant can pull a permit to build a home Several steps I know involved in that but a generally speaking when we take a look at the policy and the recommendation from the comprehensive plan it it pretty bit Recommendation 4.9 system amend the future land use plan prior to resume something I just discussed here as well. And to place consideration on the amendment immediately following the agenda item which we have we're going to put the zoning on this right after this. Engage and regular review the future land use map which is what we do one five year plan. So this can come for you as well later on this month. And to ensure the zoning regulations are consistent with the future land use plan. And so the future land use map should be a minute to match the zoning for this. And although this request appeared to be consistent with the rule of state designation and land use type and amendment to the future land use map is required before the process again, but application requesting the zoning change. However, once again, an amendment to the future land use map of the 2018 conference plan is discretionary decision for the city council pending a recommendation from the Planning and Zoning Commission and so with that the applicant I believe that applicant is here right here Mr. Steven Dodie and they're here to answer any questions that you may have regarding this and staff is available as well okay just Mr. No Mr. Doty want to speak. I'm right here, okay. Sure, you've got. I guess this was a good timing based on the previous conversation in the same area. So Steve and Doty, or 1603 Smurl, purchased this back in November from the Daniels family after their father was deceased. There is a home on it that he had built a long time ago. It's in disrepair, currently kind of falling down and the outbuildings as well. So yeah, we'd like to take it down and build a new home there. When I purchased the property, the land owner was not aware of this dual use designation. And so I told him I would take on the issue, assuming that people would rather have a home there than retail. So that's just what I'm asking today, but I'm happy to answer any questions. Sure. Did you give any consideration to 3.0 designation rather than SL 43? At all, we're trying to encourage more 3.0 larger lots and stuff in terms of what you might want to do with this particular property. All I'm trying to do on the property is is build one home. Yeah. So if there's a better designation for doing that, I'm trying to do on the property is build one home. Yeah. So if there's a better designation for doing that, I'm happy to do it that way. What I'm trying not to do is retail. Sure. So I'm happy to do, you know, whatever fits best is fine with me. But I'm ready to get going. Is that possible? 3.0 under this scenario? So, all of the crop area? Yes, so once again, what we take a look at from the staff level, when we take a look at the future land use map, take a look to see what the other area is designated as, and what those other land uses are. Most of those in that area, you do have a mix as you see right here of that, but most of those that are not yellow are SF-43. So it's want to be consistent with that and and so SF-43 allows him to be able to do the same thing that he would on a 3.0 property other than some other setbacks and so forth. But he can do the same thing with this and so it should be appropriate for that. All right. Commissioner, should you questions for this applicant? I like what you're trying to do and understand exactly what you're trying to do and so yeah. Yeah, thank you. Okay, we need to have a public hearing on this as well. So it's 740. I'll open up public hearing. Do we have anybody here that wants to speak on this particular item? Okay, 740 then we'll close the public here. Any discussions? Comments? Yeah, I'd like to first off thank you again for coming. We again we appreciate when we hear not only from our citizens but from the applicant. As Wayne mentioned I'm going to say for the past year and a half, this group, and we're missing a couple members tonight, but I think I can speak for all seven of us. We have been pushing patiently and I think consistently for larger lots. We have talked a lot as our move of trying to encourage three acre lots beyond the SF 43 which is one acre. And so we've been like I said we've been really behind that for some time and you know the seed that you've got here almost four acres wanting to build one home got it this really fits into to what we've been advocating for like I said well over here in Ireland you sure have my support and I appreciate you coming anybody else any other commissioners any questions I'm certainly I in favor. I mean, I think less retail and more beautiful large home sites is what we're moving towards. I'm in favor of the SF-43. If there is a way that we could do SF-3.0, I'd be even more in favor of that. But at this point with the application already SF-43, I don't know what the logistics, but on the favor of this I'd be even more in favor of 3.0. Well I guess we need to vote on these separately if we make a motion of 3D, the one right before is amending the 2018 comprehensive plant right future land. So let's have a motion to allow that amendment to get away from this dual designation. I'll make it up to the S-43. Okay. Tom seconds. Everybody in favor raise your end. All right. Looks like that's unanimous. And then so three C is the companion. It goes right along with it. And that is asking for the actual zoning classification change, right? To SF 43. Yes, sir. Thank you, Mr. Vice Chair. And once again, same information on this particular application. And I must say, from the last one, and this one, I skipped over the notice of public hearing. We did notify, just as in this one as well. And we did receive three notices that are in favor of the applicants requests for both. And in this case, once again, it is zoned, do excuse me, I need to take a drink of water. I'm sorry. Take your time. I'll check that. I'll. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank request for the zoning as SF-43 would be appropriate for this particular property. Once again, when you take a look at the zoning in this particular area, you do have local retail that is adjacent to that, that's the wolf property. But that is on a hard corner as well. And so the neighboring properties over here that we'd have would like to see this change to SF3 as well. We have a single family home that's existing on this. And so it's not a desired land use for this property to have the dual zoning in both of these for the retail and the SF-22. And so once again you've seen this map, the only change in here is that it's going to change that the request is to change from the local retail in SF-22 to a SF-43 single-family district. And what the applicant is looking to do, what they intend to do is to build a 5,000 square foot single-story home on this property. They'll demolish the one that's there now I believe they may have already started the demolition of the property and and so you'll see that property actually convincing with with Mr. Dode you actually won't see the property because of all the trees that you can see on the property as well. So those are pretty much going to stay intact. It'll keep the home hidden and will be a nice spot for the family. So this, once again, is consistent with the future land use plan. Now that you've amended that. So SF43 would be the appropriate zoning here for this property. The ordinance compliance matrix, you can take a look at this now. I know if you're looking at some of the numbers over here that are rather large, it's because of that flag that I talked about on that, on the last case. However, when you take a look at all these numbers, he is meeting every one of the minimum requirements for the seat, even though this property was planted in 1981. It has a 35th foot front yard setback. He's still going to take it back 50 or 70 feet from that property line that's close to him. So the neighboring property actually won't see him either because because they have a lot of trees on their property that block them as well too right here. So, to appropriate use for the property meets the orders requirements as well and when you take a look at the policy for recommendation 4.8, it does talk about looking at the development proposal and to determine whether this rezoning is appropriate and consistent with the city's ideals of quality and sustainability. And it goes on to ask questions for you to consider. And that being, is there something unique for heat? Is it within walking distance of park to an open space? So hit proper, hit a lot of open space. I would say that it is. Does it provide off street pedestrian bicycle connections? This property was developed in 1981. So we don't have those connections. So that really doesn't apply here for that. And how does this property impact the city fiscally? Well, there's tax revenue that'll obviously be associated with that in infrastructure public services already in line with the property as well. And how does the development respect the environment, like floodplain and so forth. So I think with the trees that you see on the property, it's going to respect, he's going to respect the environment as it is now. So those are questions that you'll need to take a look at to see how you want to apply this for your decision. And once again, when you are amending the zoning and the zoning map, it is discretionary to the City Council pending a recommendation from the Planning and Zoning Commission. With that once again Mr. Doe is here to answer any questions you have and I'm available as well. All right thank you David so Mr. Doe do you have anything to add to case numbers VA 2025-03 before we consider that? No. Okay. Commissioners any any additional and everyone's kind of made their feelings know and I think so someone when's no one want to make a motion to No, but need open the public here. Oh, yeah, excuse me. Yeah, it's 748 will open a public hearing anybody wish to address this particular item All right 748 will close the public Yeah, what were you gonna say oh I got a little ahead of myself in the last item, but I'm definitely in favor of this SF43 and I'd be even more in favor if there was any traction or any way to make it 3.03 acre lots. Yeah, I mean, my mind the 3.0 and SF43, there's not a difference because of, you know, I mean, the acres is what the acres, and they've indicated they want to build their house there. So, man, the only thing that 3.0 would do is prevent you from sub-dividing and selling other lots, which you've not indicated and intent to do. So, otherwise, I don't see any difference there. I'd like to ask a question about the, I guess the access easement on the flight pole part of the flight pole configuration. Is that the easement or is that actually going to be part of the, that's actually his property. Okay, so that what 400 someone feet and as for how we get the utilities in there, they're going to be running up that driveway area. There are utilities there currently. There's water. And back in your line. Down that road. Okay. What about the sewer? There's a septic system on the property that will be upgraded. Okay. It's an old septic. So it wouldn't be in line with our family. It's just a single man living there today, small set. Sure, okay. Thank you. All right. Do I hear a motion to approve the change of the zoning classification from SF22 to SF43? Hold on. All right. A second. All right. All in favor. Raise your hand. Looks like that's unanimous. All right. Thank you for being here. Thank you. You bet. Okay. We have an executive session next. Is that right? Marie. According to my agenda here. So in accordance with Texas Government Code, Chapter 551 sub-t the attorney to the government body under the Texas Texas Dismarried Rules are professional conduct of the state of Texas clearly conflicts with this chapter regarding case number CA-2025-01. I'm not sure if they're going to make everybody move out of this room or what's what's the plan? We want to go into another room. I'm not sure if they're going to make everybody move out of this room or watch the plan. We want to go to another room. Commission or we want to make everybody leave this room for okay. Short period of time. Eric, where should we put everybody? You're welcome to go out into the lobby just in check. I'm not here. Well there's two. You're welcome. You can all three of us sit. We'll try to be quick. Yeah. It's just an action on request from Grant Keller on behalf of the owner of Beth Jackson for a change in zoning from agricultural district to PDLR, plan development district and for approval of a concept plan for local retail land uses being a 11.057 acre track of land situated in the East Teal Survey F-trety number two of seven City of Heath Rockwall County Texas RCAV, PID 12818 So staff, are you ready to proceed with the presentation? I'll start until date with the staff. OK. All right. So our applicant is here tonight, Grant Keller. And the application before you is a zoning change from a cultural district to a planned development for local retail uses, including a couple of different types of allowed uses within the local retail base district on 11 acres. We did issue notice for this public hearing and it went out to everybody within 500 feet and we have not gotten any responses to date. And every time we look at zoning, we have to refer to the counter-paste of plan. Hey David. Oh, sorry. I'm sorry without you. Yeah, I just got the referring to the hot plan. I'm sorry. OK. Thank you, Irina. Appreciate that. I'm sorry. I'm sorry. I'm going to give't appreciate that. So this particular property once again, we take with the future Andrews plan and what the app is providing, they are going to look at this mixed use which is going to allow for office retail, which now you see the new plans come in. They are putting office and retail, some of the three lots of their retail, let me go to that actually. So here is the location, an aerial image of what the property looks like right now. And you'll see on the App and Plan, they're showing all the existing trees that are here now, they're outlining the property. This property does slope this way. So this area right here will be your detention area and then you'll have nine global lots along the remainder of this. So this is essentially what the plan will look like. The first item that you'll see that's going to be developed here is lock one, this proposed PNC bank. Let me turn my mic on. PNC bank that we located here along with the rest of the items that they'll have, or the other uses that they'll have here, being dental or medical offices here, a daycare that will be located here, as well as some other medical offices, and then the retail located on this end. Once again, conceptual land use, mix of uses, those can possibly change depending on the user for the property. This is a better cutout of the concept plan. This is the one you'll see that's in the ordinance to show how the lots actually lay out and how the trees, the landscaping and so forth will be included with the property where you have proper screening for headlight screening along here that you have Lawrence Drive and then also along Heathhawk Drive you have the 20 foot setback for your landscaperfoot setback, but you have a 20-foot landscape buffer located here with the applicant. Also is going to include in here is a sidewalk, five-foot sidewalk, and one thing that was asked by the commission was connectivity and how they could make this more walkable and with the existing trail that's to the south. It's located here. So they do have some areas along here that's providing connections to this existing trail on the south side of the property. When you come to the detention area, there is also a walkable trail system here with some benches that are located, so this becomes more of an amenity for the site, and they'll also have a connection here to this sidewalk that will lead down, just as the trail does, down to the reserve that's over here to the west of the property. One thing I did wanna point out as well is that at the May meeting, at the April 1st meetings is May. April 1st meeting, there was discussion about, about what the applicant didn't provide at that time. And so what the applicant was asked to do was to come back with a preliminary layout that showed all the lots being used. And so this is what the applicant has done on their iteration. It's come back and show you that that Lot 7, which was this area right here, was three, I think about 3 1 1 2 1 2 1 2 if I recall. And so what they've done is they've made use of that three and a half acres here by incorporating the three retail lots that you see here. So now we have a full concept plan that's before you that has the parking that meets the requirements for each of these items whether they're retail or whether it's, or whether it's the daycare center. So they're showing that it meets all those requirements. You asked for them to bring you back a PD in the form of a draft ordinance that would show the design elements and also the regulations for this particular site. And so they've included that, that's included in your packet as well, where they've answered how this will be developed from a design standpoint meeting the local retail designated standards that we have. And then also to include the design guidelines of the overlay district. So that way there is a set architectural style that you can see happen for these nine lots, one is a seven, nine lots that are associated here. This is just a landscape plan once again that was overlaid over the lots. This is in more detail. What will happen is if this is approved and moved forward at the time of site plan, at the preliminary plan, we'll see more detail of the tree-skate plan and the landscape plan that will come before you and then obviously more detail site plan on each particular location. The African has also provided a line drawing here for you to take a look at as far as rendering. And they've changed it up a little bit. I think you may recall the last one had kind of an eyebrow that was used with a metal, I think that was a metal type of roof with some slump CMU to kind of give a aged type of look to that facility and some other brick and in stucco, I believe on that. This here is going to provide mostly a brick with some soldier course banding. You've got some pileasters that have some additional brick motifs that are located along the pileasters. You've got some arcades that are shown here as well as drive through. And just some other interests and relief on the site to give you some variations to be able to take a look at from an architectural standpoint. And so with that, let me go back as one of the item here that was requested, not only was the design standard, but there was four items, so that was requested. and ever to reduce the the impervious coverage and so what the applicant has shown on here is to rearrange the buildings how they have and they've dropped the impervious coverage down to I think it's right at 50 percent. So you have 50 to 51 percent and 49, 49 half percent as far as open space. So there is a lot of open space here on this project as they indicated here. And so with that, with that what I want to be able to do is when you're reviewing this and what the comprehensive plan says and how you want to take a look this You need to determine whether this Request is appropriate and consistent with the ideals of the city and for sustainability and quality and how this is going to look based on what they've provided and the overlay district requirements and design guidelines that may be appropriate, may be with this. So, these are questions that you'll need to ask through this. And does this provide something that's unique for Heath that to provide walking distance and to provide open spaces? I think the concept plan shows that where they're making that connectivity to the open spaces in the open space area as well as to the trails and so forth that are located here. Does it provide off-street pedestrian and bus connections, yes, to the existing trail, like we've just indicated as well? How does the development impact the city fiscally? So if this is development, obviously you have a tax revenue that will be associated with that. If you have retail there's also a sale tax benefit for that for those properties as well. So those are things infrastructure we know we have infrastructure in areas far as sewer and water where they connect to so so that's something that that you can consider as well. How does the development respect the environment? As far as like flood plains and so forth, well, they're providing an amenity in that open space area where they have the park benches and they have the trail system that walks around that. So it does provide an amenity there. So with that being said, these are questions that are from the comp plan that you can take a look at as guidelines on how you want to apply the discretion to see if you want to allow this development here or not. And then also how the ordinance, the draft ordinance that we have before you, how that would apply to this as well and how that would look. As far as recommendation, the mix of uses that they're showing here could be considered appropriate for this area as well as other retail land uses that could be considered that are located within the ordinance. A change to the zoning of the subject property and the zoning map amendment is a discretion decision for city council and Of course it is pending a recommendation required recommendation from the planning and zoning commission with that They the applicant grant is here this evening and their team and Available to answer any questions and I'm here for questions as well This is a well well, we, it's not public hearing, we close the public hearing on this, right? All right. Yes, yes, yes, yes. Okay, yes. All right, thank you, David. Is applicant, wish to make additional representation? Yes. Yes, come forward. Thank you again for your time. And now we had a long conversation last time. I'm Grant Keller. But I think we would count on that with our team after our last meeting there in April and kind of took some of your recommendations and concerns to our plan. We kind of looked back and we kind of looked at tighten up the uses that were allowed even in the LR. Down lining zoning we did remove the you know the chap of the Sorry the cream to him in the funeral center and then also Added a couple other notch you say you guys brought up that we would you know kind of Specifically denied from you know in our previous zoning and then we kind of went back Added some of the walkability to, you know, the existing trail, sidewalk to North-Aurlan, Keith Oak Drive, take advantage of that rear detention area and kind of the open area, so it's more than just grass you guys can have, you know, the bike path, a couple of benches, and then it also, it's connected well with the development and also the existing infrastructure and heath and then the biggest thing is, we took some time and we went through, try to put together more heath like looking building and kind of just took inspiration from the underlying code and the design requirements in the overlay district and we wanna make sure that this development of nine lots kind of looks like the rest of Heath and stays like Heath and I think that you know using those design elements that are out late in that time overlay which is called out in the PD I think we can do a good job of looking at the list and text sheet, text is pill country, farm house sheet, etc. I think that you know we try all of the comments, questions, concerns that were, yes, presented last time. I don't have to answer any questions. Thank you. Commissioners, you all have any questions? They have a good, thank you. Thank you. Comments, suggestions or your your thoughts Mike you want to start off all right good start out here this time so Mr. Keller at our last meeting you know it was our first time to see the project and you know we had some suggestions for you and I hope that you took them in the right frame of mind and I think you did. I looked over this a couple days ago and I just want to thank you for listening to our suggestions and incorporating them into this. I was really impressed with what I saw. You know, I think the more that we can get established at the beginning of a relationship, just to make sure that we're all on the same page, you know what to expect from us. We know what, where you're headed. I just think it's good. You know, we know what's going to be in that, I believe it was referred to as last seven, just the empty space. You know, you have a design concept for that. You have nice amenities. I know you listen to us there, connections to our trail system. The path around the retention pond, the detention pond is nice. Architectural standards, you know, so that you have a general idea of what we're looking for and we know what to expect from you and you know you even move the dumpsters. So and I know that's a small thing that it can be moved later but I was impressed with what I saw and I just want to thank you and I think you know we're gonna be working together for a year or so but I think we're off to a good start so that's the only comments I have. I'm good. Tom? I'm good. You ready? Yeah, I missed the April meeting. So. but I think we're up to a good start. So that's the only comments I have. I'm good. Tom? I'm good. Yeah, I missed the April meeting. So I know there was a detailed discussion there. When we were talking amongst ourselves, I heard people were impressed with what you had incorporated. So that's great. But my first impression here, yeah, I think we're all fun at book paths. So I don don't really ever have a comment. Yeah initially we didn't have all this description of the materials or anything like that and that helps a lot of my concerns that we're gonna get something that's gonna look. Even though I have some disagreements with the overall overlay district, I think this helps solidify what the intent is for this development. Thank you, Bob. So from my perspective, this is how it's supposed to work. And I commend you for working with the C staff to address the concerns that we raised at our meeting in early April. I think it was April 1st. And I think you've done a really good job of trying your best to alleviate those concerns. And we appreciate it. I mean, that's what a partnership should be and what it ought to look like. I know that this particular property was not a part of the town center overlay district and I don't think we could have forced you to comply with those design guidelines but the fact that you were willing to consider that and do that means a lot to me personally and I think to the commission as well so I'm very impressed with the changes you've made and what you've done and so I'm in favor of approving the zoning change. Anybody want to make a motion that we approve the zoning change as outlined? I'll make a motion. Okay. I'll make a motion that we approve the zoning change as outlined. I'll make a motion. Okay. All right. Make a motion that we approve case ZA 2025-01. That was second. All right. All in favor? Where's your hand? All right. Thank you. Appreciate it. Thank you. You bet. Thank you. Appreciate it. Thank you. You bet. Yeah, thank you very much. I should have asked this when we were in the morning session. You know, the piece of property behind all of it on the time you have been here. Is that going to get the reward at some point? Yeah. It says that they've tried a piece of city council. You want to ask good? Has I never been told? Good. With the thumb folks, the staff is working so good. So have an idea of what they're going to do again. We try to we in the office? Sorry, I'm a pleasure. Are you intending to adjourn? I am intending to adjourn. So it's 8.31, this is where I adjourned.