MINUTES HEATH CITY COUNCIL REGULAR MEETING 200 LAURENCE DRIVE- HEATH, TEXAS TUESDAY, MAY 8, :30 P.M.

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1 MINUTES HEATH CITY COUNCIL REGULAR MEETING 200 LAURENCE DRIVE- HEATH, TEXAS TUESDAY, MAY 8, :30 P.M. ATTENDING: BRIAN, MAYOR KELSON ELAM, MAYOR PROTEM JOE RICH KRAUSE FRANK NEW PAUL RUFFO BRENT WEAVER Mayor Brian Berry called the meeting to order at 6:31 p.m., delivered the invocation, and led the Pledge of Allegiance. Discussion and action regarding the Minutes of Apri124, MOTION: APPROVE MINUTES OF APRIL 24, KRAUSE RUFFO Discussion and Action Regarding a Resolution approving a Special Exception to allow a waiver to the exterior masonry requirements for a single family detached residence located on Lot 1 of Block C, Ridge Lakes, Phase 1, said residence being addressed as 600 Rustic Ridge Drive, City of Heath, Rockwall County, Texas (Rockwall County CAD Map ID # 89830). The property is zoned (PD) Planned Development for single family uses. (Case No: MIS ) (ITEM CONTINUED FROM APRIL 24, 2018 MEETING. Director of Community Development Kevin Lasher reminded council that this case was tabled at the last council meeting on April 24'h. The public hearing was closed. Council previously instructed the applicant to return with specifications addressing how the proposed barn wood siding would be finished and treated to increase the material's fire retardant characteristics. The applicant has delivered this information along with revised building elevations which reflect a masonry exception being required for the left side elevation only. The rear elevation has been brought to compliance with the masonry requirement. The overall non-masonry exterior percentages have been reduced by 20.25%. Heath's Fire Marshal has approved this material and recommended that the period for reapplication of the barn wood with the Fire Coat 1 00 be shortened from five years to three years. Applicant Darren Mabry was present to answer questions and clarified that the entire area would be coated with the Fire Coat 100. Council discussed concerns about enforcing the periodic reapplication of the Fire Coat product, as well as concerns about longevity and durability of the wood. MOTION: APPROVE RESOLUTION NO A REGARDING A WAIVER TO THE EXTERIOR MASONRY REQUIREMENTS FOR A SINGLE FAMILY DETACHED RESIDENCE LOCATED 600 RUSTIC RIDGE DRIVE, CITY OF HEATH, TEXAS. FOR: AGAINST: PASSED FOUR TO THREE,, NEW, RUFFO ELAM, KRAUSE, WEAVER City Council Minutes -May 8, 2018 Page I of7

2 Consider and Take Action on a Site Plan for Texas Dermatology & Skin Cancer Center, being approximately 1.50 acres out ofw.w. Ford Survey, Abstract No. 80, City of Heath, Rockwall County, Texas, located at the southeast corner of the intersection of FM 549 and Horizon Road (FM 3097) in Heath, Texas. (Case No. SP ) Director of Community Development Kevin Lasher stated that this case has been heard twice by the Planning & Zoning Commission and the applicant has submitted a revised plan based on the Commission's recommendations. The applicant is requesting approval of a site plan for a medical office - Texas Dermatology and Skin Cancer Center. The site was rezoned from (A) Agricultural District to a PD for local retail uses. The proposed 5,931 SF structure would have exterior walls containing an excess of 90% masonry material. All street frontages would contain 5-foot wide concrete sidewalks. Parking areas fronting a street would be buffered with landscaped shrubbery. The parking lot would be lighted with 5 pole standards, each containing one LED fixture with side shields to reduce light trespass onto adjacent properties. A future building pad area is located to the south side and could accommodate a future office building. A new site plan submittal would be required for this site once an end user is identified. This site plan application includes concrete-paved parking for the future building. At the May 1 st Planning and Zoning meeting, the Commission recommended approval of this Site Plan by a vote of 3 to 1 contingent on the following conditions: that a full peaked roof be constructed at both vertical elements shown on the north, south, and west building elevations, with said roof having a minimum pitch of 4: 12; and that two (2) windows be constructed on the north-facing building elevation fronting FM 549. The Commission also requested the applicant return with definitive plans and specifications for the building signage prior to applying for a sign permit. Jeff Smith, Applicant and Project Manager with Presto Design, was present to answer questions and stated that while the original request did not include a Treescape plan, it has since been submitted. P&Z Commissioner Harry Heinkele was present to answer questions about the Commission's recommendations. Councilman Weaver indicated the desire to further improve the appearance of the building, particularly along FM 549, by possibly adding a roof feature to the northeast corner of the building, and increasing the roof pitch to greater than 4:12 so that the roof is more visible and not obscured by its own fascia. MOTION: APPROVE SITE PLAN FOR TEXAS DERMATOLOGY & SKIN CANCER CENTER, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF FM 549 AND HORIZON ROAD (FM 3097) IN HEATH, TEXAS. ELAM Councilman New reiterated that approval of the site plan would not include approval of a sign. MOTION AMENDED: APPROVE SITE PLAN WITH EXCEPTIONS OF A TREESCAPE PLAN AND SIGNAGE. ELAM Councilman Weaver stated that the PD ordinance calls for metal studs only, but the variance table indicates metal or wood studs. Weaver indicated metal studs should be used in accordance with the PD and requested that the motion be amended to strike wood studs from the variance table. Councilman Chamberlain withdrew his second to the amended motion. Councilman Chamberlain stated that he would like to remove his second to amended motion. Discussion continued. Councilman New stated that all trees must be mitigated per the ordinance. City Council Minutes - May 8, 2018 Page 2 of7

3 MOTION: APPROVE SITE PLAN WITH EXCEPTIONS OF A TREESCAPE PLAN AND SIGNAGE, ALSO TO STRIKE WOOD STUDS FROM THE INTERIOR MATERIALS ON THE VARIANCE TABLE. ELAM Consider and Take Action on a Final Plat for Lot 1 of Heath Horizon/548 Retail, being approximately acres out of W.W. Ford Survey, Abstract No. 80, and being a portion of a called 6.11 acre tract of land described as Tract 1 in a deed to Horizon ProMed, LLC, recorded in CC# of the Official Public Records of Rockwall County, Texas (OPRRCT), City of Heath, Rockwall County, Texas, located at the southeast corner of the intersection of FM 549 and Horizon Road (FM 3097) in Heath, Texas (Case No: FP ); and Consider and Take Action on a Facilities Agreement between the City and TD Azure Financial, LLC, Owner/Developer, of Lot 1 of the Heath Horizon/548 Retail subdivision. Director of Community Development Kevin Lasher outlined the applicant's request for approval of a Final Plat for a acre portion of a 6.11 acre tract of land. This would facilitate the construction of a medical office building which has been submitted for review and approval. A ten-foot right-of-way dedication is being secured by this Final Plat along F.M. 549, which is classified as a Suburban Arterial thoroughfare with an ultimate 120-foot right-of-way. It currently has 110 feet of right-of-way, so the additional 10 feet dedicated by this plat would bring this portion off.m. 549 to its full designated width. Horizon Road is currently constructed to its ultimate width. City Engineer Richard Dormier was present to answer questions regarding the Facilities Agreement included in the request. MOTION: APPROVE A FINAL PLAT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF FM 549 AND HORIZON ROAD (FM 3097) AND APPROVE A FACILITIES AGREEMENT RF.TWEEN THE CITY AND TD AZURE FINANCIAL, LLC, OWNER/DEVELOPER, OF LOT 1 OF THE HEATH HORIZON/548 RETAIL SUBDIVISION WEAVER NEW Councilman Ruffo suggested the motion to approve the final plat include a Treescape plan to be submitted and approved at a later date. Councilman New withdrew his second to the original motion. MOTION: APPROVE A FINAL PLAT WITH THE CONDITION THAT A TREE SCAP PLAN WILL BE SUBMITTED AND APPROVED AT A LATER DATE. NEW Councilman Weaver asked for clarification on the proportionality of the street. Consider and Take Action on a Final Plat for Huerta Addition, being approximately 3.40 acres situated in the J.O. Heath Survey, Abstract No. 116, City of Heath, Rockwall County, Texas, located at the northwest corner of the intersection of Terry Lane and Meadowview Road in Heath, Texas (Case No: FP ); and Consider and Take Action on a Facilities Agreement between the City and Javier and Noela Huerta, Owner/Developer, of the Huerta Addition subdivision. Director of Community Development Kevin Lasher stated that the applicant has purchased two lots (3.4 acres) of the original Coppell Ranch Estates for the purpose of building an estate residence. The current application for this Final Plat is in compliance with the requirements of the (SF-43) Single Family Residential District. The applicant has requested that he not have to provide a sidewalk along Page 3 of7

4 Meadowview Road because this area leads to a floodplain area. The request also includes a Facilities Agreement. The Planning & Zoning Commission approved the request with the following recommendations. That the owner/developer pay the required $1, per lot in-lieu-of park land dedication. That the owner/developer construct a 15-foot wide trail easement inside and along the property line adjoining the northern right-of-way line on Terry Lane. That the owner/developer construct a ten-foot wide concrete trail to city specifications inside the required fifteen-foot wide trail easement. That a 1 0-foot wide utility easement be dedicated along the Meadowview Road frontage. That drainage from adjoining lots and tracts be accommodated as necessary by additional drainage easements that may be required by the City Engineer. The location of these additional easements would be determined by the City Engineer during the review of the engineering plans. Such easements would be included on the plat drawing prior to recordation. That a minimum of twenty-five feet (25') of right-of-way, which consists of existing prescriptive right-of-way, shall be dedicated for Terry Lane from the centerline of said thoroughfare. Councilman Krause asked the applicant if they would be willing to incorporate the new Parkland fee inlieu-of land dedication of $3500 rather than the required $1000. Applicant and property owner Javier Huerta was present to answer questions and requested a waiver to the 4-foot sidewalk requirement as there would be no connectivity. MOTION: APPROVE A FINAL PLAT FOR HUERTA ADDITION LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF TERRY LANE AND MEADOWVIEW ROAD AND TO APPROVE A FACILITIES AGREEMENT BETWEEN THE CITY AND JAVIER AND NOELA HUERTA, OWNER/DEVELOPER, OF THE HUERTA ADDITION SUBDIVISION. MOTION TO ALSO INCLUDE A WAIVER TO A SIDEWALK ON MEADOWVIEW ROAD. RUFFO Councilman Ruffo stated for the record that he is in favor of granting the sidewalk waiver, but requested a sidewalk be built when Meadowview Road is redone to give pedestrians a safe passage through. Consider and Take Action on a Final Plat for Fletcher Estates, being approximately acres to be platted into 5 single family residential lots situated in the J.O. Heath Survey, Abstract No. 116, City of Heath, Rockwall County, Texas, located at the northeast corner of Crisp Lane and Myers Road (206 Crisp Lane) (Case No: FP ); and Consider and Take Action on a Facilities Agreement between the City and DGC Operation Company, LP, Owner/Developer, of the Fletcher Estates subdivision. Director of Community Development Kevin Lasher stated that the property owners are seeking to final plat the property for the purpose of selling five lots with the current PD zoning classifications in place. Any further subdivision of the property would require an amendment to the Planned Development Ordinance, with such amendment being approved by the City Council after recommendation by the Planning and Zoning Commission at a public hearing. Applicant Matt Atkins with Engineering Concepts was present to answer questions. He outlined the following changes to the Facilities Agreement. First, the Park Dedications Requirement has been changed to "4-foot wide sidewalk will be required along the north frontage of the Crisp Lane for this plat" rather than the previous 5-foot wide sidewalk. Second, "at the time of building permit" was added to the Public Improvements Streets. Third, "sanitary sewer" verbiage has been replaced with "OSSF accordance with county and state regulations. Fourth, "at the time of building permit" has been added to Public Improvements Trails/Parks, and the phrase "the most northern right of way line of Crisp Lane" has been removed from the same section. Finally, "at the time of building permit" has been added to Public Improvements Sidewalks. Page4 of7

5 MOTION: APPROVE A FINAL PLAT FOR FLETCHER LOCATED AT 206 CRISP LANE AND APPROVE A FACILITIES AGREEMENT BETWEEN THE CITY AND DGC OPERATION COMPANY, LP, OWNER/DEVELOPER, OF THE FLETCHER ESTATES SUBDIVISION AS REQUESTED BY APPLICANT. Councilman Ruffo asked for clarification on the requested changes to the facilities agreement. Mayor Berry withdrew his second to the original motion. MOTION: APPROVE A FINAL PLAT FOR FLETCHER LOCATED AT 206 CRISP LANE AND APPROVE A FACILITIES AGREEMENT BETWEEN THE CITY AND DGC OPERATION COMPANY, LP, OWNER/DEVELOPER, OF THE FLETCHER ESTATES SUBDMSION WITH THE RECOMMENDED CHANGES TO THE FACILITES AGREEMENT. FOR: AGAINST: PASSED SIX TO ONE,, ELAM, NEW, RUFFO, WEAVER KRAUSE Consider and Take Action on a Final Plat for Arbor Enclave, Phases 1 and 2: Phase 1 being acres to be platted as Lot 18 of Block A; Phase 2 being acres to be platted as Lots 1 through 17 of Block A; said Phases 1 and 2 being situated in the J.O. Heath Survey, Abstract No. 116, City of Heath, Rockwall County, Texas, located south of Terry Lane, east of Myers Road (211 Terry Lane) in Heath, Texas (Case No: FP ); and Consider and Take Action on a Facilities Agreement between the City and 211 Terry Lane, LLC, Owner/Developer, of the Arbor Enclave, Phases 1 and 2 subdivision. Director of Community Development Kevin Lasher stated that the applicant is seeking approval of the Final Plat for the Arbor Enclave addition. The design and layout of the submitted final plat is in conformance with the approved concept plan and preliminary plat. The final plat for this property includes two phases. Phase 1 is comprised of a single acre tract to be platted as Lot 18 of Block A which contains an existing single-family residence and is not subject to any Treescape requirement. Phase 2 represents a new residential subdivision of 17 lots. These lots would be accessed by two new cul-de-sac streets as shown on the plat. In accordance with PD Ordinance requirements, portions of Lots I and 17 would be retained as a landscape easement to be improved and maintained by a designated homeowners association. Approval of this plat would include the condition that a Treescape plan be brought back to P&Z and recommended to council at a later date. Two additional conditions of approval were recommended for the final plat: that the owner/developer pay the required $1, per lot in-lieu-of park land dedication, and that drainage easements be dedicated on lots, 4, 5, and 3 of Phase 2 to address off-site drainage issues. The location of the easements would be determined by the City Engineer during the review of the engineering plans. Such easements should be included on the plat drawing prior to recordation. This request also included a Facilities Agreement. City Engineer Richard Dormier was present to answer questions regarding the agreement. Applicant Lome Liechty was present to answer questions and confirmed that a Treescape plan would be submitted for Phase 2. MOTION: APPROVE A FINAL PLAT LOCATED AT 211 TERRY LANE AND APPROVE A FACILITIES AGREEMENT BETWEEN THE CITY AND 211 TERRY LANE, LLC, OWNER/DEVELOPER, OF THE ARBOR ENCLAVE, PHASES 1 AND 2 SUBDIVISION AND APPROVAL TO INCLUDE THREE RECOMMENDED ITEMS. WEAVER Page 5 qf7

6 Open Forum- Citizens' Comments. Connie Nelson, 1407 Laurence Drive - commended Mayor Brian Berry and Councilman Joe Chamberlain for their loyalty, service, sacrifice, and heart. She stated these two men have always put the city first. Their love for their city and their dedication to its residents is true and from their hearts. Nelson expressed that she is thankful, grateful, and appreciative of Berry and Chamberlain for their time, dedication, and service to the City of Heath. Comments from the Mayor. Mayor Brian Berry made a few final comments and delivered a farewell by thanking the citizens of Heath for their support and for allowing him to serve the last six years behind the bench. He also thanked his family, specific members of the city staff, and Joe Chamberlain for their support, as well as the Lord for allowing him to pass the baton. He congratulated Kelson Elam, Donna Rolater, and John Beaman on their victories. Berry stated the following: "It has truly been an honor to serve in the capacity in which I have been given the capacity to serve and I have done the very best that I could. It's been an honor serving as your Mayor." Discussion and Action Regarding a Resolution canvassing the returns, including the returns of early voting ballots cast in connection therewith, and declaring the results of the General Election held on May 5, 2018, for the purpose of electing a Mayor and Two (2) Council Members, One (1) for Place 3 and One (1) for Place 5 for Two (2) year terms each; authorizing issuance of a canvass of General Municipal Election. Mayor Brian Berry reported the results of the May 5, 218 General Election. ~yor Votes Cast Kelson Elam 1141 Joe Chamberlain 515 Place Three Votes Cast Donna Rolater 1143 Phillip Hatfield 437 Dee Dee Capper 60 Place Five Votes Cast John Beaman 1152 MOTION: APPROVE RESOLUTION NO B CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD MAY 5, Issuance of Oath of Office to Newly Elected Council Members. Brian Williams, County Court at Law Judge of Rockwall County, issued the Oaths of Office to the newly elected Mayor Kelson Elam and newly elected Council Members Donna Rolater (Place Three) and John Beaman (Place Five). Judge Williams stated that is was a tremendous honor to serve as County Court at Law judge, represent the citizens of Heath, and issue the Oaths of Office. Passing of the Gavel. Mayor Brian Berry passed the gavel to Mayor-Elect Kelson Elam. Page 6 of7

7 Mayor Kelson Elam announced a reception in honor of the incoming and retiring Mayor and Council Members to be held in the Community Room immediately following the meeting. He invited all to attend. Mayor Elam adjourned the meeting at 8:45p.m. r-j_{l{fl KELSONELAM MAYOR AT~ NORMAD AN CITY SECRETARY Page 7 of7