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Table of Contents

Agenda 4Parks & Recreation Awards Recognitions

Proclamation 8Blank Page 9

Consider approval of the minutes from the March 6, 2017regular city council meeting, and take any action necessary.

Minutes 10Blank Page 26

MIS2017-004 - Consider approval of an ordinance adopting theCity’s Water and Wastewater Master Plans, and take any actionnecessary. (2nd Reading)

Ordinance (W/WW) 27Blank Page 29

Consider approval of an ordinance amending the Code ofOrdinances in Chapter 10. Buildings and Building Regulations;Article XI. Fences; Division 2. Construction Standards andDivision 3. administration, and take any action necessary. [2ndreading]

Ordiance #17-15 30Blank Page 34

Consider awarding a bid to Chastang CDJR and authorizing theCity Manager to execute a Purchase Order for a new PoliceAdministration vehicle in the amount of $27,500 to be fundedout of the General Fund reserves, and take any actionnecessary

Memo 35Blank Page 36

Consider authorizing the City Manager to execute aProfessional Engineering Services Contract with Birkhoff,Hendricks & Carter, LLP for the amount of $29,229.00, fundedout of the 2016 Water & Sewer Bonds, to perform engineeringplans and specifications for the Memorial Drive Lift StationWastewater Gravity Trunk Bypass Line, and take any actionnecessary.

Memo 37Contract 39Blank Page 51

Appointment with Lewis Martin of Martin Consulting, LLC tohear a proposal for a new monopole cellular tower on Cityowned property located at 3475 Springer Road, and theassociated letter of intent, and take any action necessary.

Appt Item Request (Martin) 52Blank Page 53

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Z2017-001 - Discuss and consider a request by Terry Gwin ofSWBC Real Estate, LLC on behalf of the owner Gene Lambrethof Pneuma Ventures, LTD for the approval of an ordinance for azoning change from a Light Industrial (LI) District to a PlannedDevelopment District for a multi-family apartment complex on a42.548-acre tract of land identified as Tract 1-4 of the J. M. AllenSurvey, Abstract No. 2, City of Rockwall, Rockwall County,Texas, zoned Light Industrial (LI) District, situated within the SH-205 By-Pass Overlay (205 BY-OV) District, located east of theintersection of Discovery Boulevard and John King Boulevard,and take any action necessary (2nd Reading).

Ordinance #17-18 54Blank Page 65

Discuss and consider approval of an ordinance amending theCode of Ordinances in Chapter 32. Signs; Article II.Administration; Division 2. Permits, Article III. Regulations andRequirements; Division 6. Specific Sign Regulations and ArticleV. Standards Table And Illustrations; Section 32-366 Functionalstandards table, and take any action necessary. [2nd reading]


Z2017-004 - Discuss and consider a city initiated request for theapproval of an ordinance amending Section 4, Specific UsePermits, of Article IV, Permissible Uses, of the UnifiedDevelopment Code for the purpose of establishing 1) generalregulations for Specific Use Permits (SUP) issued upon theadoption of the proposed ordinance, 2) regulations relating tothe abandonment, expiration and revocation of Specific UsePermits (SUP) and 3) an expiration period of one (1) year for allSpecific Use Permits (SUP) and Conditional Use Permits (CUP)issued by the City that are inactive, abandoned or pending, andtake any action necessary. (2nd Reading).


Discuss and consider the Fire Department Strategic Plan, andtake any action necessary.

Memo 75FD Strategic Plan 76Blank Page 78

Discuss and consider authorizing the City Manager and the FireChief to enter into an agreement with Medic Rescue Inc. DBAas Rockwall County EMS to allow the Fire Department tobecome a First Responder Organization (FRO), and take anyaction necessary.

FRO Docs 79Blank Page 118

Discuss and consider approval of the downtown park andrestrooms design and consider funding for the project andrelated items, and take any action necessary.

Memo 119Price Quote 124Blank Page 128

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Discuss and consider a budget amendment to authorize anexpenditure from the City's Tree Mitigation Fund in the amountof $36,000 to purchase and install landscaping materials inexisting beds and medians, and take any action necessary.

Memo re Tree Mitigation Budget Amendment 129Tree Fund Administration (Excerpt from UDC) 130Plant cost 131Blank Page 133

Discuss and consider appointments to fill a vacancy on the city'sArchitectural Review Board (ARB), and take any actionnecessary.

ARB Recomendation 134Applicant 135Blank Page 136

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AGENDA ROCKWALL CITY COUNCIL

Monday, March 20, 2017 5:00 p.m. Regular City Council Meeting

City Hall, 385 S. Goliad, Rockwall, Texas 75087

I. CALL PUBLIC MEETING TO ORDER

II. EXECUTIVE SESSION.

THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT CODE:

1. Discussion regarding the appeal to the Public Utility Commission filed by thecities of Garland, Mesquite, Plano and Richardson against the North TexasMunicipal Water District (NTMWD) regarding water rates pursuant to Section551.071.

2. Discussion regarding legal advice associated with homeowners association(HOA) regulations within the city pursuant to Section 551.071 (Consultationwith Attorney).

III. ADJOURN EXECUTIVE SESSION

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AGENDA ROCKWALL CITY COUNCIL


City Hall, 385 S. Goliad, Rockwall, Texas 75087

IV. RECONVENE PUBLIC MEETING

V. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION

VI. INVOCATION AND PLEDGE OF ALLEGIANCE – COUNCILMEMBER HOHENSHELT

VII. PROCLAMATIONS / AWARDS

1. Parks & Recreation Awards Recognitions

VIII. OPEN FORUM

IX. CONSENT AGENDA

1. Consider approval of the minutes from the March 6, 2017 regular citycouncil meeting, and take any action necessary.

2. MIS2017-004 - Consider approval of an ordinance adopting the City’sWater and Wastewater Master Plans, and take any action necessary.(2nd Reading)

3. Consider approval of an ordinance amending the Code of Ordinances inChapter 10. Buildings and Building Regulations; Article XI. Fences;Division 2. Construction Standards and Division 3. administration, andtake any action necessary. [2nd reading]

4. Consider awarding a bid to Chastang CDJR and authorizing the CityManager to execute a Purchase Order for a new Police Administrationvehicle in the amount of $27,500 to be funded out of the General Fundreserves, and take any action necessary

5. Consider authorizing the City Manager to execute a ProfessionalEngineering Services Contract with Birkhoff, Hendricks & Carter, LLP forthe amount of $29,229.00, funded out of the 2016 Water & Sewer Bonds,to perform engineering plans and specifications for the Memorial Drive LiftStation Wastewater Gravity Trunk Bypass Line, and take any actionnecessary.

X. APPOINTMENTS

1. Appointment with Lewis Martin of Martin Consulting, LLC to hear aproposal for a new monopole cellular tower on City owned propertylocated at 3475 Springer Road, and the associated letter of intent, andtake any action necessary.

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XI. ACTION ITEMS

1. Z2017-001 - Discuss and consider a request by Terry Gwin of SWBCReal Estate, LLC on behalf of the owner Gene Lambreth of PneumaVentures, LTD for the approval of an ordinance for a zoning change froma Light Industrial (LI) District to a Planned Development District for amulti-family apartment complex on a 42.548-acre tract of land identifiedas Tract 1-4 of the J. M. Allen Survey, Abstract No. 2, City of Rockwall,Rockwall County, Texas, zoned Light Industrial (LI) District, situatedwithin the SH-205 By-Pass Overlay (205 BY-OV) District, located east ofthe intersection of Discovery Boulevard and John King Boulevard, andtake any action necessary (2nd Reading).

2. Discuss and consider approval of an ordinance amending the Code ofOrdinances in Chapter 32. Signs; Article II. Administration; Division 2.Permits, Article III. Regulations and Requirements; Division 6. SpecificSign Regulations and Article V. Standards Table And Illustrations; Section32-366 Functional standards table, and take any action necessary. [2ndreading]

3. Z2017-004 - Discuss and consider a city initiated request for the approvalof an ordinance amending Section 4, Specific Use Permits, of Article IV,Permissible Uses, of the Unified Development Code for the purpose ofestablishing 1) general regulations for Specific Use Permits (SUP) issuedupon the adoption of the proposed ordinance, 2) regulations relating tothe abandonment, expiration and revocation of Specific Use Permits(SUP) and 3) an expiration period of one (1) year for all Specific UsePermits (SUP) and Conditional Use Permits (CUP) issued by the City thatare inactive, abandoned or pending, and take any action necessary. (2ndReading).

4. Discuss and consider the Fire Department Strategic Plan, and take anyaction necessary.

5. Discuss and consider authorizing the City Manager and the Fire Chief toenter into an agreement with Medic Rescue Inc. DBA as Rockwall CountyEMS to allow the Fire Department to become a First ResponderOrganization (FRO), and take any action necessary.

6. Discuss and consider approval of the downtown park and restroomsdesign and consider funding for the project and related items, and takeany action necessary.

7. Discuss and consider a budget amendment to authorize an expenditurefrom the City's Tree Mitigation Fund in the amount of $36,000 to purchaseand install landscaping materials in existing beds and medians, and takeany action necessary.

8. Discuss and consider appointments to fill a vacancy on the city'sArchitectural Review Board (ARB), and take any action necessary.

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XII. EXECUTIVE SESSION

THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSSTHE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENTCODE:

1. Discussion regarding the appeal to the Public Utility Commission filed by thecities of Garland, Mesquite, Plano and Richardson against the North TexasMunicipal Water District (NTMWD) regarding water rates pursuant to Section551.071.

2. Discussion regarding legal advice associated with homeowners association(HOA) regulations within the city pursuant to Section 551.071 (Consultationwith Attorney).

XIII. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION

XIV. ADJOURNMENT

This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s Office at (972) 771-7700 or FAX (972) 771-7727 for further information.

The City of Rockwall City Council reserves the right to adjourn into executive session at any time to discuss any of the matters listed on the agenda above, as authorized by Texas Government Code § 551.071 (Consultation with Attorney) § 551.072 (Deliberations about Real Property) § 551.074 (Personnel Matters) and § 551.086 (Economic Development)

I, Kristy Cole, City Secretary for the City of Rockwall, Texas, do hereby certify that this Agenda was posted at City Hall, in a place readily accessible to the general public at all times, on the 17th day of March, 2017 at 4:00 p.m. and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.

_____________________________________ _________________________ Kristy Cole, City Secretary Date Removed

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ProclamationWhereas, the City of Rockwall’s Parks and Recreation Department plays a vital role in

establishing and maintaining a high quality of life in our city by promoting the health of our citizens and contributing to the economic and environmental well-being of our community; and

Whereas, Rockwall Parks & Rec. was recently awarded the Class IV Gold Medal Awardand the Class IV Promotional & Marketing Excellence Award from the Texas Recreation and Park Society (TRAPS) at its 2017 Annual Awards Ceremony, which was held Mar. 2nd; and

Whereas, the Texas Gold Medal Class IV Award is awarded to cities with populationsbetween 20,001 and 50,000 in recognition of excellence in the field of recreation and park management for the past three (3) years; and

Whereas, the City’s Parks & Rec. Department also launched what has quickly provento be a very effective “Go Outside and Play” branding initiative, including the PlayRockwall.com website, which continues to increase citizen awareness of Rockwall's parks, trails, programs and events.

Whereas, the City of Rockwall has recently been awarded over $1.2 million in grantsfrom the Texas Parks and Wildlife Department to develop two neighborhood parks that will add 77 acres to the parks inventory using no local tax dollars, and it will also allow greater boating access opportunities for our citizens.

Now, Therefore, I, Jim Pruitt, Mayor of the City of Rockwall, Texas, do herebyproclaim March 20, 2017 as

Rockwall Parks & Recreation Awards Recognition Day in the City of Rockwall and encourage all citizens to applaud the efforts of both our Park Board members and our city staff in providing more information and opportunities related to parks and rec news, events, and facilities that promote healthy lifestyles right here in our city.

In Witness Whereof, I hereunto set my hand and official seal this 20th day ofMarch, 2017.

Jim Pruitt, Mayor

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MINUTES ROCKWALL CITY COUNCIL


City Hall - 385 S. Goliad, Rockwall, Texas 75087

I. CALL PUBLIC MEETING TO ORDER

Mayor Pruitt called the meeting to order at 5:00 p.m. Present were Mayor Jim Pruitt, Mayor Pro Tem Mike Townsend and Council Members David White, John Hohenshelt, Scott Milder, Kevin Fowler and Dennis Lewis. Also present were City Manager Rick Crowley, Assistant City Managers Mary Smith and Brad Griggs and City Attorney Frank Garza.

II. WORK SESSION

1. Hold work session to discuss possible amendments to either the UnifiedDevelopment Code or the city's sign ordinance regulations pertaining to trafficsigns (driveway directional signage).

Building Official, Jeffrey Widmer, briefed the Council on this work session item. He shared that at a previous Council meeting, staff was asked to draft some amendments to the city’s sign ordinance regulations regarding driveway directional signage, and bring those amendments back to the council for consideration. Staff has done so and has also put together information about alternative code amendments that the council may wish to consider. He explained that Council could either amend this portion of the city’s sign ordinance regulations for the entire city, or it could amend these regulations only in the downtown historic district area (generally downtown to Live Oak area).

The Council took no action following discussion of this work session item.

Mayor Pruitt then read the below listed discussion items into the public record before recessing the meeting to go into Executive Session (at 5:12 p.m.).

III. EXECUTIVE SESSION.

THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSSTHE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENTCODE:

1. Discussion regarding the appeal to the Public Utility Commission filed by thecities of Garland, Mesquite, Plano and Richardson against the North TexasMunicipal Water District (NTMWD) regarding water rates pursuant to Section551.071 (Consultation with Attorney)

2. Discussion regarding the lease of real property / land at Fire Station #2, pursuantto Section §551.072 (Real Property)

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3. Discussion regarding legal advice associated with homeowners association (HOA) regulations within the city pursuant to Section 551.071 (Consultation with Attorney).

4. Discussion regarding claim for reimbursement by developer for lift station improvements pursuant to Section 551.071 (Consultation with Attorney)

IV. ADJOURN EXECUTIVE SESSION The Council adjourned from Executive Session at 5:43 p.m. V. RECONVENE PUBLIC MEETING (6:00 P.M.) Mayor Pruitt reconvened the public meeting at 6:00 p.m. with all seven city council members being present.

VI. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION Mayor Pro Tem Townsend made a motion to direct the city attorney negotiate a settlement agreement for lift station improvements and authorize the city manager to execute said agreement for an amount not to exceed $100,000. Councilmember Lewis seconded the motion, which passed by a vote of 7 ayes to 0 nays.

VII. INVOCATION AND PLEDGE OF ALLEGIANCE – MAYOR PRO TEM TOWNSEND Mayor Pro Tem Lewis delivered the invocation and led the Pledge of Allegiance. VIII. PROCLAMATIONS / AWARDS

1. Shriners - National Pancake Day Proclamation Mayor Pruitt called forth several representatives from Shriners, as well as the local manager of the Rockwall IHOP location. He announced that tomorrow from 7AM until 7PM, IHOP will host a fundraiser to benefit Shriners Hospitals for Children. He then read and presented them with the proclamation. IX. OPEN FORUM Mayor Pruitt explained how Open Forum is conducted, and he asked if anyone would like to come forth and speak at this time. Leslie Milder 830 Shores Boulevard Rockwall, TX Mrs. Milder came forth to say, “thank you” to the city for its work and commitment to the city’s Youth Advisory Council. She presented a small token of appreciation to Kristy Cole, City Secretary, and Council Members Fowler and White. E. James Pulatie 1554 Champions Court

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Rockwall, TX Mr. Pulatie came forth and indicated that he sits on the board of The Shores Homeowners Association (HOA). Mr. Pulatie shared that, regarding parking in The Shores, a survey was performed not long ago, and it showed that about 80% of the homeowners living in The Shores are in favor of the HOA enforcing its parking regulations. He shared that they have been enforcing parking in this neighborhood for years now, and he believes that an HOA should be able to “self-govern” without “big government” interfering. He generally asked the Council for its support regarding The Shores HOA enforcing its own parking regulations and DC&Rs. Mr. Pulatie observed and commented on the city council holding Executive Sessions to discuss this issue several times in the past. Mayor Pruitt shared that advice from the City Attorney has led the city speaking about these matters in Executive Session. Mayor Pruitt then reordered the agenda to address Action Item #4. X. CONSENT AGENDA

1. Consider approval of the minutes from the February 20, 2017 regular city council meeting, and take any action necessary.

2. Z2016-033 - Consider a request by Himmat Chuhan on behalf of the owner Pastem Corporation (Best Western Plus) for the approval of an ordinance for a Specific Use Permit (SUP) allowing a residence hotel (Best Western Plus) in a Commercial (C) District that exceeds 36-feet in height in the Scenic Overlay (SOV) District for a 1.74-acre parcel of land identified as Lot 1, Block A, Comfort Inn & Suites Rockwall Towne Centre Addition, City of Rockwall, Rockwall County, Texas, zoned Commercial (C) District, situated within IH-30 Overlay (IH-30 OV) and Scenic Overlay (SOV) Districts, addressed as 700 E. IH-30, and take any action necessary (2nd Reading).

3. Consider approval of an ordinance establishing the speed limit along FM 550 to 50 mph between Mile Post 9.8630 and 10.5130 (our City Limits along FM 550), and take any action necessary. (2nd reading)

4. Z2017-002 - Consider a request by Lisa Wilck Palomba on behalf of Paul J. Wilck, Jr. for the approval of an ordinance for a zoning change from an Agricultural (AG) District to Single-Family Estate 2.0 (SFE-2.0) District on a 5.192-acre tract of land being identified as Tract 8-02 of the W. W. Ford Survey, Abstract No. 80, City of Rockwall, Rockwall County, Texas, zoned Agricultural (AG) District, addressed as 463 H. Wallace Lane, and take any action necessary (2nd Reading).

5. Consider awarding a bid to Oldcastle and authorizing the City Manager to execute a Purchase Order for Pavement Rehabilitation Services by the square yard to be funded out of the General Fund, Streets and Drainage Operations Budget, and take any action necessary.

6. Consider approval of a resolution and associated Cooperative Purchasing Agreement with Ellis County and authorizing the City Manager to execute the agreement for use of Ellis County contract bids for supplies, equipment and services, and take any action necessary.

7. Consider a recommendation of the Hotel Occupancy Tax Funding Subcommittee regarding a funding request from the Rockwall County Historical Foundation in the amount of $28,000, and take any action necessary.

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8. P2017-009 - Consider a request by David Smith on behalf of Barbara Criswell for the approval of a replat for Lot 1, Block A, Rockwall Grace Clinic Addition being a replat of a 0.34-acre parcel of land identified as Lot 2 of the W. T. Barnes Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 50 (PD-50) for Residential-Office (RO) District land uses, situated within the North Goliad Corridor (NGC OV) District, addressed as 602 N. Goliad Street [SH-205], and take any action necessary.

9. P2017-010 - Consider a request by Rick Bates of RLK Engineering, Inc. on behalf of James Watson of the Rockwall Independent School District (RISD) for the approval of a replat for Lot 1, Block A, Dobbs Elementary Addition being a replat of a 17.464-acre parcel of land identified as Rockwall School Addition No. 1, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, addressed as 901 Nash Street, and take any action necessary.

10. P2017-011 - Consider a request by Cameron Slown of FC Cuny Corporation on behalf of Elias Pope of Eighty Twenty Real Estate Holdings, LLC for the approval of a replat for Lot 5, Block A, Harbor District Addition, being a replat of a 0.90-acre parcel of land identified as Lot 3, Block A, Harbor District Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 32 (PD-32), situated within the IH-30 Overlay (IH-30 OV) District, addressed as 2651 Sunset Ridge Drive, and take any action necessary.

Councilmember White made a motion to approve the entire Consent Agenda (# 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10). Councilmember Lewis seconded the motion. The ordinances were read as follows:

CITY OF ROCKWALL ORDINANCE NO. 17-12

SPECIFIC USE PERMIT NO. S-163

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE OF THE CITY OF ROCKWALL, TEXAS, AS PREVIOUSLY AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A HOTEL IN A COMMERCIAL (C) DISTRICT AND TO ALLOW FOR A STRUCTURE THAT EXCEEDS 36-FEET IN HEIGHT WITHIN THE SCENIC OVERLAY (SOV) DISTRICT, ON A 1.74-ACRE PARCEL OF LAND BEING IDENTIFIED AS LOT 1, BLOCK A, COMFORT INN & SUITES ROCKWALL TOWNE CENTER ADDITION, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE

CITY OF ROCKWALL

ORDINANCE NO. 17-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON FARM-TO-MARKET ROAD 550 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF ROCKWALL, TEXAS, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE SUM OF $200.00 FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED SO AS TO FURTHER AMEND THE ZONING MAP TO ADOPT A CHANGE IN ZONING FROM AN AGRICULTURAL (AG) DISTRICT TO A SINGLE-FAMILY ESTATE 2.0 (SFE-2.0) DISTRICT FOR A 5.192-ACRE TRACT OF LAND IDENTIFIED AS TRACT 8-02 OF THE W. W. FORD SURVEY, ABSTRACT NO. 80, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT ‘A’ OF THIS ORDINANCE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

The motion passed by a vote of 7 ayes to 0 nays. The mayor addressed Action Item #5 next. XI. APPOINTMENTS

1. Appointment with the Planning and Zoning Chairman to discuss and answer any questions regarding cases on the agenda and related issues and take any action necessary.

Planning & Zoning Chairman, Johnny Lyons, came forth and briefed the Council on recommendations of the Commission relative to planning-related items on tonight’s meeting agenda. Mayor Pro Tem Townsend inquired as to why there was a “split vote” on the item pertaining to the proposed apartments. Mr. Lyons shared a little more about why some of the other Commissioners expressed that they voted against the apartments. The Council took no action following Mr. Lyons’ discussion.

2. Appointment with Rick Dirkse of Dirkse and Associates, LTD to discuss a request to amend Section 4.8, Downtown (DT) District, of Article V, District Development Standards, of the Unified Development Code (UDC) for the purpose of accommodating a proposed development at the northwest corner of the intersection of E. Interurban Street and N. Goliad Street, and take any action necessary.

Mr. Miller, the city’s Planning Director, shared that he has provided the Council with some information concerning this agenda item. Mr. Dirkse 3077 N. Goliad Rockwall, TX Mr. Dirkse came forth and provided details pertaining to his request to place a 1-story, five thousand (5,000) square foot office building at this location. He shared a concept plan with the Council, explaining the various things he would like to do on the property after “The Bailey House,” which is currently on site, is relocated to Harry Myers Park. Mr. Dirkse generally explained that he is asking for the Council’s assistance with several variances, including the building height. (He would like to build a one-story building;

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however, the downtown regulations call for a 2-4 story building). Also, regarding the proposed setback from SH 205/Goliad, he is seeking a waiver regarding where the building will sit on the piece of property. Following Mr. Dirkse’s presentation, Councilmember Milder indicated that he would like to applaud Mr. Dirkse’s efforts for “taking on” the city’s current regulations. He went on to express the belief that the rendering of the one story structure that Mr. Dirkse is proposing to build clashes, in design, with the surrounding look and feel of adjacent properties and of the general area. Lengthy discussion ensued pertaining to the intent of the ordinance that regulates structures in this area, especially regarding the architectural design of the structure Mr. Dirkse has put forth in his proposal. Mr. Miller, Planning Director, shared that the Council is not able to grant a variance for the building height, clarifying that staff would need to amend the Code in order to for the Council to assist Mr. Dirkse (and future applicants) with allowing a one-story structure. Also, staff and Mr. Dirkse could meet with the city’s Architectural Review Board while the code text amendment process ensues, in order to address any architectural concerns. Mayor Pruitt made a motion to direct staff to move forward with initiating a change in the Code to allow one-story structures in the downtown district. Councilmember Lewis seconded the motion. Councilmember White asked if Mr. Dirkse’s additional concerns – such as setbacks – will be forthcoming at this council meeting or at a future one. Mr. Miller indicated that there is no major or minor waiver for the roof color (clarifying that a minor waiver allows staff to grant the waiver, and a major one requires Council’s approval). Mr. Miller explained that, regarding the building lines, building height and the roof color, there is currently no waiver process or ability in place. Technically, he is out of compliance with the waiver that Council could offer him for the building lines because he exceeds what Council is able to grant to him. Mr. Dirkse shared that he will appreciate some more specific input from Council regarding what they would like to see – architectural wise – on the building. He does not want to come up with an alternative concept plan, spend more money and then find out that the Council still does not like it. Mr. Garza, the city’s attorney, commented that, because the current ordinance does not allow for waivers/variances, the Council could amend the ordinance such that the Council could hear requests for variances on all of these things – building height, building lines, roof colors, etc. Mayor Pruitt amended his motion to direct staff to initiate the process of amending the code to allow the Council to hear and grant (major) variances on any of the city’s regulations pertaining to the downtown district area. Councilmember Lewis seconded the amended motion. The motion passed unanimously of Council present (7 to 0).

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3. Appointment with Pamela Spector to discuss a request to amend the Permissible Use Charts contained in Article IV, Permissible Uses, of the Unified Development Code (UDC) to allow the Tattoo/Body Piercing land use to be permitted by Specific Use Permit (SUP) in the Downtown (DT) District for the purpose of establishing Body Piercing as an accessory use to an existing salon at 102 S. Goliad Street, and take any action necessary.

Pamela Spector 9305 Willard Street Ms. Spector came forth and addressed the Council concerning this agenda item. She provided several comments, generally indicating several reasons why she feels the Council should allow body or cosmetic piercings as an allowable, accessory use to businesses in the downtown area. She generally wishes to provide a place where patrons can come to safely receive piercings in a sterile environment. Councilmember White stated he does not necessarily have a problem with this; however, if the UDC had a separation between tattoos and body piercings, there may be less of an objection. Mayor Pruitt indicated that he has a problem with allowing these types of uses in our downtown area, pointing out that these uses are already allowed elsewhere in our city. Councilmember White made a motion to direct staff to bring back a UDC ordinance amendment, indicating that said amendment should also include an amendment to separate out body piercings and tattooing within the city’s land use regulations and to provide a provision that would allow someone to potentially have this as an ‘accessory use’ in the downtown area with approval of a specific use permit (SUP) granted by Council. Councilmember Milder seconded the motion. After additional comments, the motion failed by a vote of 3 in favor with 4 against (Hohenshelt, Pruitt, Fowler and Lewis). XII. PUBLIC HEARING ITEMS

1. Z2017-004 - Hold a public hearing to discuss and consider a city initiated request for the approval of an ordinance amending Section 4, Specific Use Permits, of Article IV, Permissible Uses, of the Unified Development Code for the purpose of establishing 1) general regulations for Specific Use Permits (SUP) issued upon the adoption of the proposed ordinance, 2) regulations relating to the abandonment, expiration and revocation of Specific Use Permits (SUP) and 3) an expiration period of one (1) year for all Specific Use Permits (SUP) and Conditional Use Permits (CUP) issued by the City that are inactive, abandoned or pending, and take any action necessary. (1st Reading).

Mr. Miller provided background information concerning this agenda item. He generally explained that the purpose of this amendment is to make the following changes to the UDC:

1) Grant the City Council and Planning and Zoning Commission the ability to create operational conditions, which can regulate SUPs on a case-by-case basis.

2) Establish compliance requirements that regulate the property owner’s responsibility with regard to an approved SUP.

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3) Establish abandonment, expiration and revocation procedures for SUPs. In addition, this text amendment would establish the following time limitations: a) If an approved SUP was vacated or inactive for six (6) months the SUP would

automatically expire. b) If an approved SUP is not issued a building permit within one (1) year of the

approval date, the SUP would automatically expire. Note: If a building permit is not necessary this would revert to a Certificate of Occupancy (CO).

c) If an approved SUP is issued a building permit but a Certificate of Occupancy (CO) has not been issued within one (1) year of the issuance date of the building permit, the SUP would automatically expire.

4) Establish a procedure for the City Council to grant a one (1) time extension for a period not to exceed one (1) year.

5) Expire all existing SUPs and Conditional Use Permits (CUP) that are inactive or do not receive a building permit within one (1) year of the adoption date of the text amendment.

Currently, there are 158 SUPs and 228 CUPs in the City. This text amendment would not only clear up inactive entitlements, but would also prevent future inactive entitlements from accruing throughout the city. In addition, it provides a clear understanding of the procedures and requirements for SUPs. Mayor Pruitt opened the public hearing and invited anyone who wished to come forward to speak. There being no one expressing a desire to do so, he then closed the public hearing. Councilmember Lewis made a motion to approve 2017-004. Councilmember Hohenshelt seconded the motion. The ordinance was read as follows:

CITY OF ROCKWALL ORDINANCE NO. 17-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, BY AMENDING SECTION 4, SPECIFIC USE PERMITS, OF ARTICLE IV, PERMISSIBLE USES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

The motion passed by a vote of 6 in favor with 1 against (White).

2. MIS2017-004 - Hold a public hearing to discuss and consider the approval of an ordinance adopting the City’s Water and Wastewater Master Plans, and take any action necessary. (1st Reading).

Amy Williams, Assistant City Engineer, provided brief, introductory comments regarding this item. She explained that state law requires all Cities charging Impact Fees to update the process every five years. The process focuses on determining all system deficiencies at the time of the study and improvements needed to serve that City for the next ten years. When evaluating the needs for the next ten years, it is advisable to look at the needs to meet demands for buildout through establishment of a master plan. These master plans for the physical development of the City contain recommendations for the growth development of the City and its extraterritorial jurisdiction. Updating these master

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plans with the Impact Fees allow for adjustments to land use changes and/or needs to serve where development is actually occurring. The Water and Wastewater Impact Fee was approved on June 2, 2014. The master plans for both utilities were developed at that time. However, the Master Water and Wastewater plan was not included in the Impact Fee approval process. The City Code of Ordinances found in Section 9.04 (Procedure for Amending Master Plan) requires one public hearing by the Planning and Zoning Commission along with their recommendation be forward to City Council for approval. The Planning and Zoning Commission held a Public Hearing for this item and approved the ordinance to adopt the Master Water and Wastewater Plans. The City Council should consider either adoption or rejection of such proposed revision after hosting a public hearing within sixty days of submission to City Council. Once these maps have been adopted, this information will be placed within the Comprehensive Plan. Mayor Pruitt opened the public hearing, asking if anyone would like to come forth and speak. There being no one indicating such, he then closed the public hearing. Councilmember Lewis made a motion to approve MIS2017-004. Councilmember Milder seconded the motion. The ordinance was read as follows:

CITY OF ROCKWALL

ORDINANCE NO. 17-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, ADOPTING THE MASTER WATER AND WASTEWATER PLAN AS APPENDIX ‘E’ OF THE COMPREHENSIVE PLAN IN ACCORDANCE WITH THE CITY’S HOME RULE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.

The motion passed by a vote of 7 ayes to 0 nays. XIII. ACTION ITEMS

1. Z2017-001 - Discuss and consider a request by Terry Gwin of SWBC Real Estate, LLC on behalf of the owner Gene Lambreth of Pneuma Ventures, LTD for the approval of an ordinance for a zoning change from a Light Industrial (LI) District to a Planned Development District for a multi-family apartment complex on a 42.548-acre tract of land identified as Tract 1-4 of the J. M. Allen Survey, Abstract No. 2, City of Rockwall, Rockwall County, Texas, zoned Light Industrial (LI) District, situated within the SH-205 By-Pass Overlay (205 BY-OV) District, located east of the intersection of Discovery Boulevard and John King Boulevard, and take any action necessary (1st Reading).

Ryan Miller, Planning Director, provided background information concerning this agenda item. He shared that on February 16, 2017, the applicant, Terry Gwin of SWBC Real Estate, LLC, submitted a letter to the City Council responding to the Planning and Zoning Commission’s recommendation to deny Case No. Z2017-001. Mr. Gwin’s letter proposed [1] reducing the number of units from 650 dwelling units to 595 dwelling units (reducing the density from 15.28-units/acre to 14.00- units/acre), [2] planting large canopy trees adjacent to Rockwall Downes, Phase 1, and [3] establishing a four (4) year time period to complete the project. Based on these changes, the City Council remanded the case back to the Planning and Zoning Commission on February 20, 2017. On February 28, 2017, the Planning and Zoning Commission approved a

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motion to recommend approval of the applicant’s request by a vote of 3-2, with Commissioners Trowbridge and Chodun dissenting and Commissioners Whitley and Fishman absent. Staff has made the necessary changes to the draft ordinance that is being considered by Council this evening. Mayor Pruitt explained that a public hearing has previously been held regarding this proposed apartment complex. He then called forth the applicant and his representatives. Robert LaCroix 4517 Scenic Drive Rowlett, TX Mr. LaCroix came forth on behalf of the applicant and addressed the Council, briefing them on the various changes that have been incorporated into the proposal since the last Council meeting took place. The applicant, Terry Win, then came forth and addressed the Council on this item. He shared details on several things, such as the design of the building, the materials, the trees (including those that will screen the adjacent properties), the amenities that it will have, and the property management screening that will take place before renting to tenants. He went on to share photographs of other apartment complexes that his company has built in cities elsewhere in the state. Mayor Pruitt asked if anyone in the audience has any comments or input to provide; however, no one indicated such. Councilmember Milder shared that Rockwall is a highly distinctive community because of its high percentage of single-family, residential housing. Only about 12-13% of our housing is currently made up of apartments. He shared that the cities have been “pitched” a good sale on allowing apartment complexes that are great for a period of time; however, over time, they become problematic for the city years down the road. Councilmember Lewis shared that the Pebblebrook Apartments by Braum’s have been in the city a long time, even before he and his family moved here in the 90’s. He has heard no real complaints about it over time. He acknowledged that there is a definite need for this type of housing product in the city. Following his comments, Councilmember Lewis moved to approve Z2017-001. Councilmember White seconded the motion. Mayor Pruitt commented on how apartment complexes typically get sold multiple times over the years. They change hands, and eventually they become run down and become an eyesore within city. After the mayor’s comments, the ordinance was read as follows:


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING FROM A LIGHT INDUSTRIAL (LI) DISTRICT TO PLANNED DEVELOPMENT DISTRICT XX (PD-XX) FOR A MULTI-FAMILY APARTMENT COMPLEX ON THE SUBJECT PROPERTY, BEING A 42.548-ACRE TRACT OF LAND IDENTIFIED AS TRACT 1-4 OF THE J. M. ALLEN SURVEY, ABSTRACT NO. 2, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT ‘A’; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

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The motion passed by a vote of 4 in favor with 3 against (Pruitt, Milder and Fowler).

2. Z2017-003 - Discuss and consider a request by Maria Bonilla of Winklemann & Associates on behalf of Jim Ziegler of PegasusAblon for the approval of an ordinance for an amendment to Planned Development District 7 (PD-7) for the purpose of incorporating a 0.30-acre portion of land currently zoned Planned Development District 32 (PD-32) and amend the PD Development Standards stipulated by Ordinance No.’s 73-47, 82-36 & 87-11, being a 28.44-acre tract of land identified as a portion of Lot 7 and all of Lots 3, 4 & 5, Block A, the Harbor-Rockwall Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 7 (PD-7) & Planned Development District 32 (PD-32), located at the southwest corner of the intersection of Lakefront Trail and Summer Lee Drive, and take any action necessary (2nd Reading).

Mr. Miller provided brief comments concerning this agenda item, explaining that this was placed as an Action Item on today’s meeting agenda since it was not unanimously approved by Council at its last meeting. Councilmember White then moved to approve Z2017-003. Mayor Pro Tem Townsend seconded the motion. The ordinance was read as follows:


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING PLANNED DEVELOPMENT DISTRICT 7 (PD-7) AND THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO INCORPORATE A 0.30-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 32 (PD-32) INTO PLANNED DEVELOPMENT DISTRICT 7 (PD-7), AND GRANT A CHANGE IN ZONING FOR THE PURPOSE OF AMENDING ORDINANCE NO. 73-47, 82-36 & 87-11, BEING A 28.44-ACRE TRACT OF LAND IDENTIFIED AS A PORTION OF LOT 7 AND ALL OF LOTS 3, 4 & 5, BLOCK A, THE HARBOR-ROCKWALL ADDITION, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT ‘A’; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

The mayor indicated that he still feels the same as he did before concerning his opposition to the brewery and distillery portion of this amendment. The motion passed by a vote of 5 in favor with 2 against (Pruitt and Fowler). Mayor Pruitt recessed the public meeting and called for a brief break at 8:00 p.m.

3. Discuss and consider directing staff to amend Planned Development District 32 (PD-32) for the purpose of amending the lighting standards contained in Ordinance No. 10-21, and take any action necessary.

Mayor Pruitt called the meeting back to order at 8:12 p.m. All 7 council members were present. Mr. Miller then provided background information concerning this agenda item. He explained that in the Streetscape Elements section of the city’s ordinance, it stipulates

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specific model numbers for various streetscape elements required in The Harbor District. The purpose of requiring the specific product’s model number was to ensure that all streetscape elements install throughout the district would be the same, creating continuity within the district; however, this has become an issue since the manufacturer of the required pedestrian scale streetlight (i.e. the Bega 9701 MH 100W Metal Halide Fixture) discontinued the light fixture. He generally explained that the Council may wish to consider directing staff to amend the PD to remove that strict stipulation, especially in light of the fact that these exact fixture are no longer able to be purchased. Councilmember Lewis made a motion to direct staff to amend Planned Development District 32 (PD-32) for the purpose of amending the lighting standards contained in Ordinance No. 10-21. Councilmember Milder seconded the motion. Mayor Pruitt shared that in another area of the city – downtown – there are some lights that differ in their appearance, and he would like them all to look uninform and be in compliance with the downtown lighting standards. After his comments, the motion passed by a vote of 7 ayes to 0 nays. Action Item #6 was addressed next by Council.

4. Discuss and consider a citizen initiated request associated with construction of a walking path from Stone Creek Park to Williams Middle School, and take any action necessary.

Councilmember Fowler began discussion of this item, indicating that some residents recently brought forth this concern because there is a section of the path within Stone Creek’s park that is not paved leading up to Williams Middle School. Kate Wilke 129 Deverson Drive Rockwall, TX Mrs. Wilke came forth and explained that this walking path would be beneficial to school aged children who are walking to and from school daily. Some students are currently not able to do so, especially when it rains, because it is muddy due to it not being fully paved. Assistant City Manager Brad Griggs shared details with the Council concerning the estimated budget. Councilmember Fowler made a motion to have the walking path concreted at a cost not to exceed $16,000. Councilmember Milder seconded the motion. Councilmember White shared that he would feel more comfortable if the Council first had some additional information – for example, a rendering and some indication from the school district concerning its level of commitment to assist with the project – before moving forward with authorizing this expenditure. Following brief comments, the motion passed by a vote of 6 in favor with 1 against (White).

5. Discuss and consider a variance to allow two free standing signs on property owned by First Baptist Church and located at 802 South Goliad, and take any action necessary.

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Councilmember Fowler began this discussion item, generally indicating that when this sign became in danger of being taken down, citizens voiced their concerns because the community generally likes it being there. He explained that the Council has been evaluating a way that a variance to the city’s sign ordinance may be granted in order to allow the sign to remain. He indicated that the sign has been there for a very long time. There has been some cosmetic maintenance to it over time; however, it was hit when the church’s parking lot was being expanded. Also, it has caught on fire in the past. However, it has been a very popular sign throughout the years. Dewayne Cain 305 Stonebridge Rockwall, TX Mr. Cain came forth and shared that the sign has been there for over thirty years. He used to own the property on which the sign sits, but, after selling the property to the church, it was brought to their attention that the sign would need to be taken down. The deadline to do so was the 28th of February. He explained that the church was kind enough to give him an electronic sign. And, if he is allowed to keep the sign that the public likes and can read, then he will return the other, electronic sign back to the Baptist Church for its use. Mr. Cain shared that when others in the community thought it may be taken down, there was an outcry from others who wanted to buy it and preserve it. He mentioned that Logan’s Roadhouse and Hacienda Car Wash both reached out to him wanting to preserve and display it. He would like to be able to keep the sign that is there now, only strengthen it. He does not have a desire to put stone around it or upgrade it in any way. He again indicated that he is happy to give the electronic sign back to the Baptist church, but, for the purposes of this particular sign, he believes it would be best to keep it “as is” and use it to continue displaying positive thoughts to the community. Councilmember Fowler pointed out that the sign has historically displayed advertisement for The Flower Box and for Resthaven. Mr. Cain indicated that one sign wills say Resthaven and the other one will be for the First Baptist Church. Councilmember Townsend expressed concern that the electronic sign and the other sign that has been there forever are so close together that if drivers are trying to read both of them while passing by, it might be a safety hazard. Mr. Cain suggested that the sign be moved a little further north. After the discussion, Councilmember Fowler made a motion to allow a variance for the sign to remain, that Mr. Cain be allowed to do whatever repairs are needed to be done to the sign without having to come back to the Council, subject to Mr. Widmer’s review. Councilmember White seconded the motion, which passed by a vote of 7 ayes to 0 nays.

6. Discuss and consider approval of the downtown restroom building elevations, and take any action necessary.

Assistant City Manager Brad Griggs provided brief, introductory comments concerning this agenda item. He explained that the Council authorized staff to enter into a lease agreement with property owner, Dwayne Cain, for the purpose of providing downtown restroom facilities. Prior to execution of the agreement, staff told Council that elevations and renderings would be brought back to the Council for review and input prior to moving forward. Councilmember Milder shared that he thinks that it looks fine. However, he expressed concerns that this facility would be made so sound proof that it

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might pose a safety / security concern (for example, it might pose problems if someone is in trouble and is screaming for help from within) since there are no windows or any type of venting. Mr. Griggs shared that this facility is similar to what is in the city’s parks – solid concrete with a locking door. He indicated that it will have a glass front entry door, but he is open to suggestions. Mr. Crowley shared that the facility will not be open all night long – it will be controlled with a mag-lock mechanism that will lock it after a certain hour. Mayor Pruitt asked if only an individual can be in the facility at one time. Mr. Griggs clarified that it will be a dual user facility, so two people can be in there at one time. Mayor Pruitt shared that he is against these restrooms because of that fact. Councilmember Lewis pointed out that lighting is a big deal. He asked if staff knows how many people will be able to cycle through the restroom facility in an hour (during a special event). Staff generally seemed to not have a specific answer; however, Mr. Griggs shared that for special events, 250 users per day is the recommended user load for a portable toilet. Councilmember White made a motion to approve the downtown restroom building elevations. Mayor Pro Tem Townsend seconded the motion. Councilmember Milder asked if the facility could be slightly modified such that the men could walk directly into the men’s side of the facility, and the women could walk directly into the women’s side of it. Mr. Griggs indicated that we can do anything the Council wants to do; however, there will be an unknown cost associated with making that type of modification. Indication was given that an additional portable restroom trailer will be available before Founder’s Day. Following the brief comments, the motion passed by a vote of 5 in favor with 2 against (Pruitt and Milder).

7. Discuss and consider approval of an ordinance amending the Code of Ordinances in Chapter 32. Signs; Article II. Administration; Division 2. Permits, Article III. Regulations and Requirements; Division 6. Specific Sign Regulations and Article V. Standards Table And Illustrations; Section 32-366 Functional standards table, and take any action necessary. [1st reading]

Mayor Pruitt indicated that this was discussed in an earlier work session. Mayor Pro Tem Townsend made a motion to approve the ordinance. Councilmember Lewis seconded the motion. After brief clarification, indicating that this ordinance amendment will be applicable citywide (rather than only restricted to the downtown area), the ordinance was read as follows:

CITY OF ROCKWALL

ORDINANCE NO. 17-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL IN CHAPTER 32. SIGNS; ARTICLE II. ADMINISTRATION; DIVISION 2. PERMITS, ARTICLE III. REGULATIONS AND REQUIREMENTS; DIVISION 6. SPECIFIC SIGN REGULATIONS AND ARTICLE V. STANDARDS TABLE AND ILLUSTRATIONS; SECTION 32-366 FUNCTIONAL STANDARDS TABLE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

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The motion passed by a vote of 6 ayes with 1 against (Hohenshelt).

8. Discuss and consider approval of an ordinance amending the Code of Ordinances in Chapter 10. Buildings and Building Regulations; Article XI. Fences; Division 2. Construction Standards and Division 3. administration, and take any action necessary. [1st reading]

Building Official Jeffrey Widmer provided background information concerning this agenda item. Councilmember Hohenshelt moved to approve this ordinance. Mayor Pro Tem Townsend seconded the motion. Councilmember Lewis shared that he does not like the idea of chain link fences being allowed. The ordinance was read as follows:


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL IN CHAPTER 10 BUILDING AND BUILDING REGULATIONS; ARTICLE XI. FENCES; DIVISION 2. CONSTRUCTION STANDARDS AND DIVISION 3. ADMINISTRATION; AND REPEALING AND REPLACING DIVISION 3. ADMINISTRATION, SECTION 10-447 IN ITS ENTIRETY; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

The motion passed by a vote of 7 ayes to 0 nays. XIV. CITY MANAGER’S REPORT TO DISCUSS CURRENT CITY ACTIVITIES, UPCOMING MEETINGS,

FUTURE LEGISLATIVE ACTIVITIES, AND OTHER RELATED MATTERS.

1. Departmental Reports Building Inspections Monthly Report - January 2017 Fire Department Monthly Report - January 2017 Fire Marshal Division Monthly Report - January 2017 GIS Department Monthly Report - January 2017 Harbor PD Monthly Report - January 2017 Internal Operations Department Monthly Report - January 2017 Police Department Monthly Report - January 2017 Recreation Department Monthly Report - January 2017 Rockwall Animal Adoption Center Monthly Report - January 2017 STAR Transit Monthly Report - January 2017

2. City Manager’s Report Mayor Pruitt reminded the public about the Shriner’s Hospital fundraiser, which will be held tomorrow from 7AM to 7PM at the local IHOP restaurant. He shared that he and some of the other council members will be there at 2PM. He wished everyone a happy, safe Spring Break.

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XV. EXECUTIVE SESSION

THE CITY OF ROCKWALL CITY COUNCIL WILL RECESS INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING MATTERS AS AUTHORIZED BY CHAPTER 551 OF THE TEXAS GOVERNMENT CODE: 1. Discussion regarding the appeal to the Public Utility Commission filed by the

cities of Garland, Mesquite, Plano and Richardson against the North Texas Municipal Water District (NTMWD) regarding water rates pursuant to Section 551.071 (Consultation with Attorney)

2. Discussion regarding the lease of real property / land at Fire Station #2, pursuant to Section §551.072 (Real Property)

3. Discussion regarding legal advice associated with homeowners association (HOA) regulations within the city pursuant to Section 551.071 (Consultation with Attorney).

4. Discussion regarding claim for reimbursement by developer for lift station improvements pursuant to Section 551.071 (Consultation with Attorney)

XVI. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION The Council did not reconvene in Executive Session following the close of the main meeting agenda. XVII. ADJOURNMENT

Mayor Pruitt adjourned the meeting at 8:32 p.m. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS 20th day of March, 2017. __________________________ ATTEST: Jim Pruitt, Mayor _______________________________ Kristy Cole, City Secretary

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CITY OF ROCKWALL

ORDINANCE NO. 17-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, ADOPTING THE MASTER WATER AND WASTEWATER PLAN AS APPENDIX ‘E’ OF THE COMPREHENSIVE PLAN IN ACCORDANCE WITH THE CITY’S HOME RULE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Home Rule Charter of the City of Rockwall, Texas states that the

Comprehensive Plan will contain recommendations for the growth, development and beautification of the City and its Exterritorial Jurisdiction through the creation of Master Plans,

WHEREAS, the City Council recognizes that the Water and Wastewater Master Plans as

an element of the City of Rockwall Comprehensive Plan, WHEREAS, the City Council has deemed that the Water and Wastewater Master Plans

have been formulated with adequate public input, WHEREAS, the City Council has deemed that the recommendations in the Water and

Wastewater Master Plans herein reflect the community’s desire for the future development of the City,

WHEREAS, the City Council has determined it is in the best interest of the public’s health,

safety and welfare to establish water and wastewater facility requirements for the provision of potable water and treated wastewater for city residents and businesses,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

ROCKWALL TEXAS: SECTION 1. That all of the findings in the preamble are found to be true and correct and

the City Council hereby incorporates said findings into the body of this ordinance; and SECTION 2. That the Master Water and Wastewater Plan contained within the Utilities

section of the City’s Comprehensive Plan be adopted as depicted in Exhibit ‘A’ of this ordinance; and

SECTION 3. That Appendix ‘E’ is established to provide information related to utilities

within the City including said Master Water and Wastewater Plan dated June 2014; and SECTION 4. That the adoption of the Master Water and Wastewater Plan will serve as a

guide to all future City Council action concerning land use and development regulations and expenditures for Capital Improvements,

SECTION 5. That the Comprehensive Plan shall be used by the City Staff in the planning

and as a guide for the future development of the City of Rockwall; and SECTION 6. That this ordinance shall take effect immediately from and after its passage

and publication of the caption of said ordinance as the law in such cases provides.

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS THE 20TH DAY OF MARCH, 2017.

Jim Pruitt, Mayor ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank Garza, City Attorney 1st Reading: 03-06-17 2nd Reading: 03-20-17

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CITY OF ROCKWALL

ORDINANCE NO. 17-15

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL IN CHAPTER 10 BUILDING AND BUILDING REGULATIONS; ARTICLE XI. FENCES; DIVISION 2. CONSTRUCTION STANDARDS AND DIVISION 3. ADMINISTRATION; AND REPEALING AND REPLACING DIVISION 3. ADMINISTRATION, SECTION 10-447 IN ITS ENTIRETY; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Rockwall City Council deems it to be in the best interest of the public to modify certain ordinance provisions pertaining to fence-related construction and administrative standards.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS THAT:

Section 1. The Code of Ordinances of the City of Rockwall, TX shall hereby be amended in Chapter 10 Buildings and Building Regulations; Article XI. Fences; Division 2. Construction Standards and Division 3. Administration, which shall hereinafter read in pertinent part(s) as follows:

DIVISION 2. - CONSTRUCTION STANDARDS

Sec. 10-424. - Special permit for required front yard.

(a) No fence shall be constructed in the required front yard of a residentially zoned area property or of a tract or parcel of land adjacent to I-30 without first being granted a special permit by the city council. The city council may authorize the issuance of a special permit for the construction of a front yard fence subject to the provisions of this division. The city council, in considering and determining action on any request for a special permit, may require from the applicant plans, drawings, and other information concerning the proposed front yard fence. The city council may establish conditions of construction of any fence for which a special permit is authorized. However, no front yard fence proposed in a residential subdivision may be constructed without complying with any approved active deed restrictions for the subdivision.

No fence shall be placed in the required front yard of a residential property in excess of 42 inches in height and constructed of wood or 48 inches in height and constructed of wrought iron, or in a nonresidentially zoned area in excess of eight feet in height and shall be constructed of wrought iron. No opaque fences will be allowed in the required front yard.

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(b) Exceptions.

(1) Model homes meeting the requirements as follows:

c. The fence must be architecturally harmonious with the development and of ornamental iron, picket, vinyl, or split rail. split rail, picket, vinyl, or wrought iron.

(2) Single-Family—Estate (SF-E) meeting the requirements as follows:

c. Front yard fences shall be architecturally harmonious with the development, such as and of split rail, picket, painted steel pipe, vinyl, or wrought iron or painted steel pipe.

(c) No fence shall be placed in the required front yard of a residentially zoned area in excess of 42 inches in height or in a nonresidentially zoned area in excess of eight feet in height and shall be constructed of wood or decorative wrought iron. Wrought iron fences shall be allowed to a maximum height of 48 inches. No opaque fences will be allowed in the required front yard.

Sec. 10-425. - Standards; specifications; prohibitions.

The following regulations shall apply to the construction of fences within the city, except for additional standards or requirements referenced in article V and article X of the Unified Development Code:

(4) Fence height requirements. All fence heights shall be measured vertically from the inside natural or mean grade elevation of the yard.

c. No fence shall be placed in the required front yard of a residentially zoned area in excess of 42 inches in height, or in a non-residentially zoned area in excess of eight feet in height and shall be constructed of wood or decorative wrought iron. Wrought iron fences shall be allowed to a maximum height of 48 inches. No opaque fences will be allowed in the required front yard.

(6) Fences may be constructed of materials subject to the provisions of this article and the other codes and ordinances of the city.

a. Permitted materials are wood pickets, chain link, wrought iron, decorative metal (i.e. with the appearance of wrought iron but is made from powder-coated steel, aluminum or covered with a corrosion protection finish), brick, split face CMU blocks, stone, vinyl, fiberglass composite, painted steel pipe where allowed, barbed wire where allowed, concrete with stone face/form liner.Stucco is allowed on residential properties.

b. Any other materials that are not manufactured specifically as fencing materials are prohibited.

(7) Solid wood fencing exceeding 48 inches in height must be constructed using metal posts set in concrete, or brick or stone columns. Fences that are greater than 25 percent masonry shall be considered solid fencing.

(8) It shall be unlawful for any person to construct or maintain any electrical fence or electrical attachment of any type, dimension, or composition on any fence within the city. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related uses activities; provided, however, no barbed wire fence shall be located on any platted property that is zoned or used as a residential property for single-family use. In areas where barbed wire fences are allowed, arms or base and arms with barbed wire not to exceed three strands will be permitted. Constantine/razor wire shall be prohibited. Such attachments will be considered part of the fence for the purposes of determining the maximum height of said fence.

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DIVISION 3. - ADMINISTRATION

Sec. 10-447. - Appeals. The zoning board of adjustment of the city is hereby authorized, after notice and hearing as required

by the Unified Development Code of the city, to hear and decide appeals on all fences other than front yard fences in residentially zoned areas where it is alleged there is error in any order, requirement, decision or determination made by the building official in the enforcement of this article, or to permit such variance of the height and placement requirements of this article as it feels will alleviate an unnecessary property hardship resulting from the literal enforcement of the provisions hereof. The board of adjustment shall have no authority to grant variances for front yard fences in residentially zoned areas. The city council is hereby authorized, after notice and public hearing to hear and decide on requests for variances to the height requirements of this article as it feels will alleviate an unnecessary property hardship resulting from the literal enforcement of the front yard fence requirements in residentially zoned areas. Notifications shall be sent to all property owners within 200 feet ten days prior to the public hearing. A modification of the standards established by this article shall not be granted to relieve a self-created personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this article to other parcels of land in the city.

Sec. 10-447. - Variances.

The city council is hereby authorized, after public notice has been given and a public hearing has been held, to hear and decide on requests for variances as it feels will alleviate an unnecessary hardship on a property owner resulting from the literal enforcement of the requirements in this article.

Sec. 10-448. - Maintenance.

(a) No person owning, leasing, occupying, or having charge of any premises shall maintain or keep a fence in dilapidated condition that, although functional, creates an unsightly condition that substantially detracts from the appearance of the neighborhood.

(b) Each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material, and appearance with the remainder of the fence. Fences shall not be externally braced in lieu of replacing or repairing posts, columns, or other structural members.

(c) The fence shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. Except, however, for fencing four (4) feet or less in height, the vertical alignment shall not be more than six (6) inches from the vertical measured at the top of the fence.

(d) Upon becoming aware of conditions set forth in subsections (a) through (c) of this section, the code enforcement officer Neighborhood Improvement Services Representative shall make a determination as to whether the fence condition is a nuisance and should be abated. If so, the code enforcement officer Neighborhood Improvement Services Representative shall give notice to such person having control of the premises to remedy such condition within ten days, unless good cause can be shown that additional time is needed to rectify the condition.

Section 2. If any section or provision of this ordinance or the application of that

section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation

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or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect.

Section 3. This ordinance shall be cumulative of all other ordinances of the City and

shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance.

Section 4. Any person, firm or corporation violating any of the provisions of this

ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense.

Section 5. This Ordinance shall take effect immediately upon its second reading and

newspaper publication as required by the City Charter, Section 3.11. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL,

TEXAS, this 20th day of March, 2017. Jim Pruitt, Mayor

ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank Garza, City Attorney 1st Reading: 03-06-17 2nd Reading: 03-20-17

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3434

MEMORANDUM

To: Rick Crowley, City Manager From: Lea Ann Ewing, Purchasing Agent Date: March 15, 2017 Subject: Purchase of new vehicle for Police Administration ______________________________________________________________________ Approved in the current Police Administration operating budget is $27,500 to purchase a new vehicle. A new 2016 model Jeep Cherokee SUV is available for purchase from Chastang CDJR through the Buy Board purchasing cooperative. As a member and participant in this cooperative program, the City has met all formal bidding requirements pertaining to the purchase of this new vehicle. For Council consideration is the bid award to Chastang CDJR for the purchase of a new Cherokee for $27,500 and authorizing the City Manager to execute a purchase order for this new vehicle.

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MEMORANDUM TO: Rick Crowley, City Manager FROM: Timothy M. Tumulty, P.E., Director of Public Works/City Engineer DATE: February 13, 2017 SUBJECT: Memorial Drive Wastewater Lift Station Wastewater Gravity Trunk Bypass Line

The Memorial Drive Wastewater Lift Station was originally constructed in 2002 to provide sanitary sewer service for the Quail Run Valley Subdivision and other adjacent land. The original lift station design established three phases of construction to address three levels of development including ultimate development of the watershed. The first phase was designed and constructed to provide sewer service for 200 residential homes and 12 acres of general commercial development.

In 2015, Staff requested Birkhoff, Hendricks & Carter LLP evaluate available capacity to this facility to serve the remaining undeveloped property within this basin. The service area parameters included the existing residential Quail Run Valley subdivision, the new Kroger Grocery Store, the CVS Store, Fire Station Number Three and undeveloped residential property within the basin. Several phases of Stone Creek on the north side of Quail Run Road and west of Hayes Road are still undeveloped. Based on the consultant’s response, the current Memorial Drive Wastewater Lift Station will achieve capacity at the completion of Phases Seven and Eight of the Stone Creek development. Phase Seven has been permitted for home construction and Phase Eight is currently being designed (second plan review has been completed and returned to the engineer for corrections). The Stone Creek development will have three more phases to develop along with the Gideon Tract, the Hance Tract and the Skorburg Tract at East Quail Run Road and John King Boulevard.

The cost to up-grade the Memorial Drive Wastewater Lift Station to provide capacity for ultimate development is estimated at $400,000. In an effort to potentially eliminate a lift stations across our City where possible, staff requested the consultant to evaluate the Memorial Drive Wastewater Lift Station to determine if it could be permanently taken out of service and constructed to function as a gravity flow line to the Squabble Creek Lift Station. Based on their analysis, the gravity flow option from the Memorial Drive Wastewater Lift Station to the Squabble Creel Lift Station can be constructed with adequate depth to allow for the abandonment of the Memorial Drive and the Lakeview Summit Wastewater Lift Stations. The estimated cost to construct this gravity flow line is $900,000.

The comparison of cost for improvements to the Memorial Wastewater Lift Station (not including electricity and maintenance) versus the construction cost of the gravity flow line (estimate includes the cost of abandonment of two lift stations) creates a question of “what to

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do”. One option’s cost is estimated at about one-half the cost of the other initially but will increase in perpetuity due to operation and maintenance cost.

Due to the ongoing operation and maintenance cost of two wastewater lift station that can be taken out of service and opening up of wastewater service to the whole basin upstream of the Memorial Drive Lift Station with the construction of the gravity bypass line. Staff requests that City Council approve the City Manager to execute a Professional Engineering Services Contract with Birkhoff, Hendricks & Carter, LLP for the amount of $29,229.00, to be funded out of the 2016 Water & Sewer Bonds, to perform engineering plans and specifications for the Memorial Drive Lift Station Wastewater Gravity Trunk Bypass Line.

TMT:jw Cc: Amy Williams P.E., Assistant City Engineer Jeremy White, P.E., CFM, Civil Engineer

Rick Sherer, Water and Wastewater Manager Ryan Miller, Director of Planning & Zoning File

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CITY OF ROCKWALL

ORDINANCE NO. 17-18

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING FROM A LIGHT INDUSTRIAL (LI) DISTRICT TO PLANNED DEVELOPMENT DISTRICT 83 (PD-83) FOR A MULTI-FAMILY APARTMENT COMPLEX ON THE SUBJECT PROPERTY, BEING A 42.548-ACRE TRACT OF LAND IDENTIFIED AS TRACT 1-4 OF THE J. M. ALLEN SURVEY, ABSTRACT NO. 2, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN BY EXHIBIT ‘A’; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City has received a request by Terry Gwin of SWBC Real Estate, LLC on behalf of the owner Gene Lambreth of Pneuma Ventures, LTD for the approval of a zoning change from a Light Industrial (LI) District to a Planned Development District for a multi-family apartment complex on a 42.548-acre tract of land identified as Tract 1-4 of the J. M. Allen Survey, Abstract No. 2, City of Rockwall, Rockwall County, Texas and more fully described in Exhibit ‘A’ of this ordinance, which hereinafter shall be referred to as the Subject Property and incorporated by reference herein; and WHEREAS, the Planning and Zoning Commission of the City of Rockwall and the governing body of the City of Rockwall in compliance with the laws of the State of Texas and the ordinances of the City of Rockwall have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the affected area, and in the vicinity thereof, and the governing body in the exercise of its legislative discretion, has concluded that the Unified Development Code [Ordinance No. 04-38] should be amended as follows:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS: Section 1. That the Subject Property shall be used only in the manner and for the purposes authorized by this Planned Development District Ordinance and the Unified Development Code [Ordinance No. 04-38] of the City of Rockwall as heretofore amended, as amended herein by granting this zoning change, and as maybe amended in the future; Section 2. That development of the Subject Property shall generally be in accordance with the Planned Development Concept Plan, described in Exhibit ‘B’ of this ordinance, attached hereto and incorporated herein by reference as Exhibit ‘B’, which is deemed hereby to be a condition of approval of the amended zoning classification for the Subject Property; Section 3. That development of the Subject Property shall generally be in accordance with the Development Standards, described in Exhibit ‘C’ of this ordinance, attached hereto and incorporated herein by reference as Exhibit ‘C’, which is deemed hereby to be a condition of approval of the amended zoning classification for the Subject Property;

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Section 4. That development of the Subject Property shall generally be in accordance with the Concept Building Elevations and Renderings, contained in Exhibit ‘D’ of this ordinance, attached hereto and incorporated herein by reference as Exhibit ‘D’, which is deemed hereby to be a condition of approval of the amended zoning classification for the Subject Property; Section 5. That development of the Subject Property shall be in conformance with the schedule listed below (except as set forth below with regard to simultaneous processing and approvals).

(a) The procedures set forth in the City’s subdivision regulations on the date this

ordinance is approved by the City Council, as amended by this ordinance (including Subsections 5(b) through 5(e) below), shall be the exclusive procedures applicable to the subdivision and platting of the Subject Property.

(b) The following plans and plats shall be required in the order listed below (except as set forth below with regard to simultaneous processing and approvals). The City Council shall act on an application for an Open Space Master Plan in accordance with the time period specified in Section 212.009 of the Texas Local Government Code.

(1) PD Site Plan (2) Open Space/Amenity Plan (3) Final Plat

(c) PD Site Plan. A PD Site Plan covering all of the Subject Property shall be submitted

and shall include a Site Plan, Building Elevations, Treescape Plan, Landscape Plan and a Photometric Plan. A PD Site Plan application may be processed by the City concurrently with an Open Space/Amenity Plan for the development.

(d) Open Space/Amenity Plan. An Open Space/Amenity Plan covering all of the Subject Property shall be submitted and shall include a detailed depiction of all proposed public and private amenities. An Open Space/Amenity Plan may be processed by the City concurrently with a PD Site Plan Application for the development.

(e) Final Plat. Prior to the issuance of any building permits, a Final Plat for the Subject Property shall be submitted for approval.

Section 6. That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense; Section 7. That if any section, paragraph, or provision of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Unified Development Code, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable; Section 8. The standards in this ordinance shall control in the event of a conflict between this ordinance and any provision of the Unified Development Code or any provision of the City

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Code, ordinance, resolution, rule, regulation, or procedure that provides a specific standard that is different from and inconsistent with this ordinance. References to zoning district regulations or other standards in the Unified Development Code (including references to the Unified Development Code), and references to overlay districts, in this ordinance or any of the Exhibits hereto are those in effect on the date this ordinance was passed and approved by the City Council of the City of Rockwall, Texas; Section 9. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides; PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS THE 20th DAY OF MARCH, 2017.

Jim Pruitt, Mayor ATTEST:

Kristy Cole, City Secretary

APPROVED AS TO FORM:

Frank J. Garza, City Attorney

1st Reading: 03-06-17 2nd Reading: 03-20-17

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BEING a tract of land situated in the James M. Allen Survey, Abstract No. 2, City of Rockwall, Rockwall County, Texas; and being part of a tract of land described as Tract Three in General Warranty Deed without Title Examination to Pneuma Ventures , L.T.D. recorded in Volume 2924, Page 314 of the Official Public Records of Dallas County, Texas; and being more particularly described as follows: BEGINNING at the northwest corner of Block C, Rockwall Technology Park, an addition to the City of Rockwall according to the plat recorded in Cabinet E, Page 329 of the Plat Records of Rockwall County, Texas and being in the south line of that tract of land described in Warranty Deed to The Hitt Family Limited Partnership recorded in Volume 1875, Page 238 of said Official Public Records; THENCE with the west line of said Block C, South 1°33'45" East, a distance of 1767.79 feet the southwest corner of said Block C and being in the north right-of-way line of Discovery Boulevard (an 85-foot wide right-of-way) ; THENCE with said north right-of-way line of Discovery Boulevard, the following courses and distances: South 89°12'13" West, a distance of 687.07 feet to a point for corner; North 45°47'47" West, a distance of 61.52 feet to a point for corner; South 89°12'13" West, a distance of 35.13 feet to a point for corner; South 44°12'13" West, a distance of 59.92 feet to a point at the beginning of a non-tangent curve to the right having a central angle of 21°45'33", a radius of 557.50 feet , a chord bearing and distance of North 75°37'03" West , 210.45 feet ; In a northwesterly direction, with said curve to the right, an arc distance of 211.72 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 5°25'19", a radius of 642.50 feet, a chord bearing and distance of North 67°28'57" West , 60.78 feet; In a northwesterly direction, with said curve to the left, an arc distance of 60.80 feet to the southeast corner of a tract of land described as Parcel 1 in General Warranty Deed to Rockwall Downes Development , LLC recorded in Instrument No. 20150000005937 of said Official Public Records; THENCE departing said north right-of-way line of Discovery Boulevard and with the east line of said Parcel 1 and the east line of Block E, Rockwall Downes Phase 1, an addition to the City of Rockwall according to the plat recorded in Cabinet I, Page 187 of said Plat Records, North 0°38'31" West, a distance of 1694.55 feet to the northeast corner of said Block E and in the south line of Lot 1, Block A, LaFon Subdivision, an addition to the City of Rockwall according to the plat recorded in Cabinet B, Page 42 of said Plat Records; THENCE with the south line of said LaFon Subdivision, the south line of McKeown-Belaustegui Addition , an addition to the City of Rockwall according to the plat recorded in Cabinet E, Page 233 of said Plat Records and said south line of The Hitt Family Limited Partnership tract, North 89°36'02" East, a distance of 1038.82 feet to the POINT OF BEGINNING and containing 42.548 acres of land. The bearings are based on a bearing of North 89°36'02" East for the north line of that tract of land described as Tract Three in the General Warranty Deed without Title Examination to Pneuma Ventures , LTD recorded in Volume 2924, Page 314 of the Official Public Records of Dallas County , Texas. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey , and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.

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1. Permitted Uses. Unless specifically provided by this Planned Development ordinance, only those uses permitted within the Multi-Family 14 (MF-14) District, as stipulated by the Permissible Use Charts contained in Article IV, Permissible Uses, of the Unified Development Code (UDC), are allowed on the Subject Property.

2. Unit Composition. The unit composition for Phases I & II shall generally conform to the Concept Plan depicted in Exhibit ‘B’ and stated in Tables 1A & 1B below; however, in no case should the average net unit area decrease below 1,000 SF for Phases I & II. In addition, the minimum net unit area of the smallest unit shall not be decreased below 650 SF for Phase I & II.

Table 1A: Unit Composition for Phase I

Unit Name Unit Type Minimum Net

Unit Area (SF) Number of Units (#)

Total Area (SF)

Units as Percentage (%)

A1 One (1) Bedroom 650 SF 34 22,100 SF 11.53% A2 One (1) Bedroom 750 SF 36 27,000 SF 12.20% A3 One (1) Bedroom 850 SF 37 31,450 SF 12.54% A4 One (1) Bedroom 900 SF 20 18,000 SF 6.78% A5 Two (2) Bedrooms 975 SF 30 29,250 SF 10.17% A6 Two (2) Bedrooms 1,075 SF 20 21,500 SF 6.78% B1 Two (2) Bedrooms 1,125 SF 26 29,250 SF 8.81% B2 Two (2) Bedrooms 1,175 SF 28 35,900 SF 9.49% B3 Two (2) Bedrooms 1,225 SF 28 34,000 SF 9.49% C1 Three (3) Bedrooms 1,460 SF 36 52,560 SF 12.20%

Average Net Unit Area: 1,020.37 sf

Total Units: 295 100.00% Table 1B: Unit Composition for Phase II

Unit Name Unit Type Minimum Net

Unit Area (SF) Number of Units (#)

Total Area (SF)

Units as Percentage (%)

A1 One (1) Bedroom 650 SF 34 22,100 SF 11.53% A2 One (1) Bedroom 750 SF 36 27,000 SF 12.20% A3 One (1) Bedroom 850 SF 37 31,450 SF 12.54% A4 One (1) Bedroom 900 SF 20 18,000 SF 6.78% A5 Two (2) Bedrooms 975 SF 30 29,250 SF 10.17% A6 Two (2) Bedrooms 1,075 SF 20 21,500 SF 6.78% B1 Two (2) Bedrooms 1,125 SF 26 29,250 SF 8.81% B2 Two (2) Bedrooms 1,175 SF 28 35,900 SF 9.49% B3 Two (2) Bedrooms 1,225 SF 28 34,000 SF 9.49% C1 Three (3) Bedrooms 1,460 SF 36 52,560 SF 12.20%

Average Net Unit Area: 1,020.37 sf

Total Units: 295 100.00%

3. Density and Dimensional Requirements. Unless specifically provided by this Planned Development ordinance, the development standards stipulated by the Multi-Family 14 (MF-14) District and the SH-205 By-Pass Overlay (SH205 BY-OV) District, as specified by Article V, District Development Standards, of the Unified Development Code are applicable to all development on the Subject Property. The maximum permissible density for the Subject Property shall not exceed 14.00 dwelling units per gross acre of land; however, in no case should the proposed development exceed 595 units. All lots shall conform to the standards depicted in Table 2, which is as follows:

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Table 2: Lot Dimensional Requirements

Minimum Lot Width 60’ Minimum Lot Depth 100’ Minimum Lot Area 10,000 SF Minimum Lot Area/Unit 2,000 SF Minimum Front Yard Building Setback 25’ Minimum Side Yard Building Setback 10’ Minimum Rear Yard Building Setback 10’ Minimum Separation Between Main Buildings 20’ Minimum Separation Between a Main Structure to an Accessory Structure 10’ Maximum Height (1) 60’ Maximum Lot Coverage 45% Minimum Landscape 20%

General Notes: 1: The height of the building shall be measured from the average elevation of the finished grade along the front of the building

to the highest point of the roof or parapet of the building if it is a flat, mansard or shed roof; or to the midpoint of the roof if it is gable, hip or gambrel roof.

4. Parking and Loading Standards. The minimum parking shall be as follows: (i) for one (1)

bedroom and efficiency units a minimum of 1½ parking spaces per unit shall be provided; (ii) for two (2) bedroom units a minimum of two (2) parking spaces per unit shall be provided; and, (iii) for three (3) bedroom units a minimum of 2½ parking spaces per unit shall be provided. In addition, a minimum of 20% of the total parking requirement shall be covered parking spaces. Tandem parking spaces (i.e. spaces in front of garages) are NOT permitted.

5. Building Standards. The building elevations shall generally conform to the Concept Building Renderings depicted in Exhibit ‘D’ of this ordinance; however, these elevations are subject to change pending recommendations by the City’s Architectural Review Board (ARB). In addition, all development on the subject property shall conform to the following building standards:

(a) Masonry Requirements. The minimum masonry requirement for the exterior façades of

all buildings shall be 90% (excluding windows and doors). For the purposes of this ordinance, the masonry requirement shall be limited to full width brick, natural stone, cultured stone and cast stone. Cementaceous fiberboard horizontal lap-siding (e.g. HardiBoard or Hardy Plank) and, stucco (i.e. three [3] part stucco or a comparable -- to be determined by staff) may be used for up to 70% of the exterior of the building; however, stucco may not be used within the first four (4) feet above grade on a façade visible from a public street or open space. A minimum of 20% stone natural or quarried is required on all building façades.

(b) Roof Design Requirements. All buildings shall be designed such that no roof mounted

mechanical equipment (i.e. HVAC, satellite, vents, etc.) shall be visible from any direction. Note: Screening of mechanical equipment is necessary for all equipment regardless of location (i.e. roof mounted, ground mounted, or otherwise attached to the building and/or located on the site). Screening of roof mounted mechanical equipment and/or other rooftop appurtenances shall be accomplished through the construction of an architectural feature, which is integral to the building's design and ensures that such equipment is not visible from adjacent public rights-of-way.

(c) Architectural Requirements. All buildings shall be architecturally finished on all four (4) sides with the same materials, detailing and features. In addition, all buildings shall be subject to the architectural requirements of the SH-205 By-Pass Overlay (SH205 BY-

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OV) District contained in Section 6, Overlay Districts, of Article V, District Development Standards, of the Unified Development Code.

6. Landscaping and Hardscaping Standards.

(a) Landscape Requirements. Landscaping shall be reviewed and approved with the PD Site Plan. All Canopy/Shade Trees planted within this development shall be a minimum of four (4) caliper inches in size and all Accent/Ornamental/Under-Story Trees shall be a minimum of four (4) feet in total height. The following tree species are approved for planting within this development:

i) Canopy/Shade Trees. Afghan Pine, Bald Cypress, Bur Oak, Cedar Elm, Eastern Red

Cedar, Homestead Elm, Lacebark Elm, Little Gem Magnolia, Live Oak, October Glory Maple, Red Oak, Texas Ash, Texas Red Oak.

ii) Accent/Ornamental/Under-Story Trees. Desert Willow, Eastern Redbud, Eves

Necklace, Mexican Buckeye, Possumhaw Holly, Shangtung Maple, Yaupon Holly.

(b) Landscape Buffers (Discovery Boulevard). A minimum of a 20-foot landscape buffer shall be provided along the frontage of Discovery Boulevard, and shall incorporate a minimum of three (3) canopy and two (2) accent trees per 100-feet of linear frontage. The developer shall also be responsible for the construction of sidewalks along Discovery Boulevard.

(c) Parking Lot Landscaping. All parking lot landscaping shall conform to the requirements

of Article VII, Landscape Standards, of the Unified Development Code.

(d) Irrigation Requirements. Irrigation shall be installed for all required landscaping located within common areas, landscape buffers and/or open space. Irrigation installed in these areas shall be designed by a Texas licensed irrigator or landscape architect.

(e) Hardscape. Hardscape plans indicating the location of all sidewalks and trails shall be

reviewed and approved with the PD Site Plan and/or Opens Space/Amenity Plan. 7. Trash Receptacles. Trash and recycling receptacles shall be four (4) sided, with eight (8)

foot walls constructed and cladded with materials matching the primary structures, and have a self-latching gate. All trash and recycling receptacles shall be internal to the site and not be situated within any established building setbacks or landscape buffers.

8. Open Space. The development shall consist of a minimum of 20% open space (or a minimum of 8.5-acres), and generally conform to the Concept Plan contained in Exhibit ‘B’ of this ordinance. Floodplain acreage may count for up to 50% of the 20% open space requirement. All open space and floodplain shall be maintained as private open space by the owner/property management company.

9. Screening Fence Standards. Fences located along the perimeter of roadways, abutting open spaces, greenbelts and parks shall be required to be wrought iron or a tubular steel fence. Wrought iron/tubular steel fences can be a maximum of eight (8) feet in height. No continuous solid screening walls shall be constructed adjacent to Discovery Boulevard.

10. Variances. The variance procedures and standards for approval that are set forth in the

Unified Development Code (UDC) shall apply to any application for variances to this ordinance.

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CITY OF ROCKWALL

ORDINANCE NO. 17-16

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ROCKWALL IN CHAPTER 32. SIGNS; ARTICLE II. ADMINISTRATION; DIVISION 2. PERMITS, ARTICLE III. REGULATIONS AND REQUIREMENTS; DIVISION 6. SPECIFIC SIGN REGULATIONS AND ARTICLE V. STANDARDS TABLE AND ILLUSTRATIONS; SECTION 32-366 FUNCTIONAL STANDARDS TABLE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND EACH SEPARATE OFFENSE SHALL BE DEEMED COMMITTED ON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Rockwall City Council deems it to be in the best interest of the public to modify certain ordinance provisions pertaining to traffic sign-related regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS THAT:

Section 1. The Code of Ordinances of the City of Rockwall, TX shall hereby be amended in Chapter 32. Signs; Article II. Administration; Division 2. Permits, Article III. Regulations and Requirements; Division 6. Specific Sign Regulations and Article V. Standards Table and Illustrations; Section 32-366 Functional Standards Table and shall hereby read in pertinent part as follows:

ARTICLE II. – ADMINISTRATION

DIVISION 2. – PERMITS

Sec. 32-63. - Exemptions.

An application for a permit shall not be required for the following signs; provided, however, such signs shall otherwise comply with all other applicable sections of this chapter:

(7) On-premises traffic signs. Not exceeding eight six square feet used primarily to denote entrances and exits and other directional information, provided such directional signs do not contain a commercial message. advertising and are not used as such. See section 32-317

ARTICLE III. – REGULATIONS AND REQUIREMENTS

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DIVISION 6. – SPECIFIC SIGN REGULATIONS

Sec. 32-317. - Traffic Signs.

(a) Traffic signs in conformance with Appendix A Functional Standards Table used to denote entrances and exits and other directional information are allowed. In addition, a maximum of one sign containing the business name and/or logo shall be allowed at each primary access drive into a premise. However, no other commercial message shall be allowed on said sign. The maximum allowed size of the business name and/or logo shall be one and a half (1 ½) square feet or twenty five percent (25%) of the allowable sign area. The number of traffic signs placed within the interior of premises is not limited; however interior signs shall not include the business name or logo.

ARTICLE V. – STANDARDS TABLE AND ILLUSTRATIONS

Sec. 32-366. - Functional standards table.

The functional standards of signs shall be as follows:

Appendix A Functional Standards Table

Type of Sign

Maximum Area

(in Sq. ft.)

Maximum Height

(ft) Free

Standing Sign

Lighting Permitted

Maximum Duration

Number of Signs Allowed

Minimum Setback Required (in ft.) for

Free- Standing Sign (2)

Materials: A-Steel/

Plastic/Aluminum/ Masonry/B-Wood

Traffic/on-premises

(10)

8 6 3 Yes Permanent No limit 0 A

(10) See section 32-317 for explanation.

Section 2. If any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect.

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Section 3. This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance.

Section 4. Any person, firm or corporation violating any of the provisions of this

ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense.

Section 5. This Ordinance shall take effect immediately upon its second reading and

newspaper publication as required by the City Charter, Section 3.11. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL,

TEXAS, this 20th day of March, 2017. Jim Pruitt, Mayor

ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank Garza, City Attorney 1st Reading: 03-06-17 2nd Reading: 03-20-17

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CITY OF ROCKWALL

ORDINANCE NO. 17-17

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, BY AMENDING SECTION 4, SPECIFIC USE PERMITS, OF ARTICLE IV, PERMISSIBLE USES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an amendment to the City of Rockwall’s Unified Development Code [Ordinance No. 04-38] has been initiated by the City Council of the City of Rockwall to amend Section 4, Specific Use Permits, of Article IV, Permissible Uses, of the Unified Development Code [Ordinance No. 04-38] and,

WHEREAS, the Planning and Zoning Commission of the City of Rockwall and the governing body of the City of Rockwall in compliance with the laws of the State of Texas and the ordinances of the City of Rockwall have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested in and situated in the city’s corporate boundaries, and the governing body in the exercise of its legislative discretion, has concluded that the Unified Development Code [Ordinance No. 04-38] should be amended as follows:

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS: Section 1. That Section 4, Specific Use Permits, of Article IV, Permissible Uses, of the Unified Development Code [Ordinance No. 04-38] of the City of Rockwall, as heretofore amended, be and the same is hereby amended as specifically described in Exhibits ‘A’ of this ordinance. Section 2. That any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense;

Section 3. That if any section, paragraph, or provision of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Unified Development Code, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable; Section 4. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides;

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS THE 20th DAY OF MARCH, 2017. Jim Pruitt, Mayor ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank J. Garza, City Attorney 1st Reading: 03-06-17

2nd Reading: 03-20-17

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Section 4. Specific Use Permits A specific use permit (SUP) is required for any use identified in the land use table as requiring one. The procedure for requesting an SUP is set out in article XI [of this Unified Development Code], Zoning Related Applications and Procedures. Section 4.1, Purpose The purpose of a Specific Use Permit (SUP) is to allow discretionary consideration of certain uses that would typically be considered incompatible within certain locations of a zoning district, but may become compatible with the addition of special provisions, conditions or restrictions. A SUP does not change the base zoning; it allows a particular use that would not normally be permitted in that zoning district. The SUP requirement for any land use is identified in the Permitted Land Use table contained in Article IV, Permissible Uses, of this Unified Development Code. The discretionary SUP procedure is designed to enable the Planning and Zoning Commission and the City Council to impose conditions upon such uses and structures that are designed to avoid, minimize or mitigate potentially adverse effects upon the community or other properties in the vicinity of the proposed use or structure, and to deny requests for a SUP when it is apparent that a proposed use or structure will or may occasionally harm the community or cause injury to the value, lawful use, and reasonable enjoyment of other properties in the vicinity of the proposed use or structure Section 4.2, Operational Conditions In considering a SUP, staff and/or the Planning and Zoning Commission may recommend and the City Council may adopt additional conditions and operational constraints to ensure compatibility with adjacent land uses. These additional conditions and operational constraints will be incorporated into the SUP ordinance, and may relate to: (1) a property’s specific site conditions, (2) increased performance standards, (3) compatibility with adjacent properties, (4) mitigation of potentially negative or adverse effects of a request, and (5) anything that could have a negative impact on the public’s health, safety and general welfare. Section 4.3, Compliance (1) In considering a Special Use permit application, the Planning and Zoning Commission

may recommend, and the City Council may impose such conditions, safeguards and restrictions upon the premises benefited by the special use as may be necessary to avoid, minimize, or mitigate any potentially injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of this Ordinance. Such conditions shall be set out in the Ordinance approving the SUP.

(2) Prior to a SUP being issued, the property owner of the affected property shall agree, comply and be bound to the conditions and operational constraints approved by the City Council and contained in the SUP ordinance.

(3) A SUP is considered to be transferable from property owner to property owner; however, the conditions and operational constraints of the SUP shall remain in effect and be applicable to the new property owner(s) and/or occupant(s). SUP’s cannot be transferred from property to property.

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Section 4.4, Abandonment, Expiration and Revocation of a Specific Use Permit (SUP) (1) Abandonment. A SUP approved by the City Council that remains vacant or inactive for a

period of one (1) year shall be deemed to be abandoned and shall automatically expire. Vacancy or inactivity can be determined by the following: (a) The water and/or electrical services have been disconnected or discontinued on

the property; and/or

(b) The subject property (e.g. lease space, parcel or parcels of land, lot, tract etc.) is unoccupied; and/or

(c) The use is abandon due to the issuance of a Certificate of Occupancy (CO) for a use other than (and exclusive from) the use approved with the SUP.

(2) Expiration. A Specific Use Permit (SUP) shall automatically expire due to inactivity if:

(a) A building permit has not been issued within (1) year of the approval date of the SUP ordinance, and/or a Certificate of Occupancy (CO) has not been issued within one (1) year of a building permit due to inactivity on the site (inactivity in this case is defined as no progress towards construction for six [6] months) -- or one (1) year of the approval date of this ordinance if no building permit is necessary; or

(b) A building permit or Certificate of Occupancy (CO) expires, is terminated or revoked under the requirements of the Codes of the City of Rockwall.

(3) Revocation. The City Council reserves the right to revoke or rescind any SUP in which

the business, property or property owner operating under the guidelines of the SUP ordinance fails to meet the minimum operation requirements set forth in the Specific Use Permit (SUP) ordinance and/or outlined in the Unified Development Code or the Rockwall Municipal Code of Ordinances. The procedure for revocation or rescinding a Specific Use Permit (SUP) shall be the same procedure for requesting a new Specific Use Permit (SUP).

Section 4.5, Extension of a Specific Use Permit (SUP) Upon recommendation from the Planning and Zoning Commission, the City Council may grant a one (1) time extension to the expiration requirements stated above for a period not to exceed one (1) year. To apply for an extension a property owner shall file a written request with the Director of Planning or his designee at least 90 days prior to the expiration date. Extension requests shall not require a public hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a SUP. Section 4.6, Existing Specific Use Permits (SUP) and Conditional Use Permits (CUP) Specific Use Permits (SUP) and Conditional Use Permits (CUP) in existence at the time this section was adopted by the City Council shall automatically terminate one (1) year from the adoption date of this section if a building permit -- or a Certificate of Occupancy (CO) if no building permit is necessary -- has not been issued or an extension is not requested under Section 4.5 of this Ordinance.

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MEMORANDUM TO: Honorable Mayor and City Council Members FROM: Kristy Cole, City Secretary / Assistant to the City Manager DATE: March 15, 2017 SUBJECT: FD Strategic Plan Action Item

The City Council’s Fire Subcommittee will be meeting Monday afternoon prior to the

Council Meeting. They will be making a recommendation to the full Council concerning

the FD’s strategic plan during this action item.

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FIRE DEPARTMENT STRATEGIC INITIATIVES TIME LINE NOTE

1. Strategic Goal:Protection of life and minimizing injury related to fire operations:(A) Citizen Safety(B) Firefighter Safety

Fire- Pre-planning: Research and develop a program for use by on duty firefighters to assist with conducting fire pre-plans on all businesses within the city.

Present Cost with hardware and software need for 2017-18 budget.

Implement fire pre-planning program by on shift personnel. Complete fire pre-plans on all commercial facilities within the city and make available on IPad within the field.

Complete 50 % of buildings year one and 50% year two.

Develop and Implement EMS First Responder Program July 1st, 2017

Research, Review and Update: Policies, Procedures and Standard Operating Guidelines to insure that all aspects of the department are being conducted safely, efficiently and in line with proven industry standards such as Texas Fire Chief's Best Practice.

Complete within the next 24 to 30 months.

Review and update training program to insure that all FD personnel are familiar with and trained in strategies and tactics to make sure that we are meeting this goal.

1st Quarter of 2017/18 fiscal year

Increase awareness for the importance of smoke detectors and advertise the FD's willingness to change batteries or install new detectors if needed.

31-Dec-17

Recruiting & Retention: Adopt a Goal to increase the number of volunteers from the beginning of the year to the end of the calendar.

31-Dec-17

2. Strategic Goal:Minimize property damage due to fire with particular emphasis on keeping fires from spreading to adjacent structures.

(A) Work with Council to develop/determine minimum standards for response times.

(B) Work with Council to develop/determine minimum/maximum number of personnel on scene of major incidents.

(C) Work with Council to develop/determine minimum standard response times to achieve engine company, full alarm assignment, two alarm assignment on scene of major incidents.

TBD Council determined what level of service council is comfortable with: apparatus response times, overall manpower, acceptable times to achieve first alarm company assignment (4 man, 8 man, 12 man) and achieve two alarm assignment (24 personnel). (Structural fire, large grass fire , hazardous material incident and disasters).

Department Mission Statement:The Mission of the Rockwall Fire Department is to serve, protect and educate the citizens of our community in an effort to minimize the loss of life and property resulting from fire or other disasters by providing a highly professional fire department through the utilization of volunteer members supplemented by a limited paid staff and delivering professional service, expedient response time, professionally trained personnel, while maintaining and managing the lowest possible fire loss and striving to keep the lowest ISO Rating possible.

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FIRE DEPARTMENT STRATEGIC INITIATIVES TIME LINE NOTE

Review fire codes every two code cycles and make suggestions to Fire Marshal & Building Code Official related to adoption of new International Fire Codes.

A) Every Six YearsB) On-Going

A) Achieve no exposure loss on 100% of incidents where structure fires are involved. (Measured in dollar loss).B) Keep property loss value amount of involved structure fires to 75% or less on an annual average.

Reported monthlyand annually

3. Strategic Goal:Establishing the position that any further enhancement of Fire Department services - including first responder or other medical service would require Council action to approve that direction.

Review and update FD Vehicle Replacement Long Range Capital plan / schedule / policy.

Mid Budget Year 2016-17

Review volunteer and part-time firefighter entry process, incentives, benefits and make changes as necessary to enhance recruitment and retention.

31-Dec-17

Develop a concept plan to present to City Management and City Council on a County Regional Fire Training Facility. If adopted, this plan then would need to be submitted to Emergency Service Corporation for consideration.

1st Quarter of 2017/18 fiscal year

4. Strategic Goal:Maintain an ISO Rating of a Class 2.

Develop a report to be presented annually to Council outlining any changes that have taken place throughout the city that could have a negative or positive affect on the ISO rating.

Mid Year Retreat & CIP Retreat

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MEMORANDUM TO: Rick Crowley – City Manager FROM: Brad Griggs – Assistant City Manager DATE: March 15, 2017 SUBJECT: Downtown Restroom and Park Project Included in the packet are renderings for the downtown urban park design to be constructed in conjunction with the new downtown restrooms. The park area will serve multiple functions. The plant material selected will be a variety of herbs that are available to the public to pick and use at their convenience. The herb garden will complement the Farmers Market and provide some greenery to the area. There will be tables and chairs similar to what is being used in the San Jacinto Plaza for families to rest while shopping and provide a nice spot to have a meal or a cup of coffee. Lighting will be added to provide an enhanced level of security and provide light so a mural can be viewed at night if one is authorized for that location. The Parks Department will self-perform the construction portion of the project. The estimated cost of the materials for the park is $30,000. In addition to the cost of the park, we need to purchase a new door for the restroom building with the locking mechanism controlled electronically at a cost of $2605. In an effort to address the Council’s concerns expressed at the meeting on March 6, we have received a quote for a two camera security system and a motion sensitive video recorder. One camera would be placed inside the front door of the restroom building and the second camera would be placed outside of the building. Although the video recording system may not be able to allow a person to look inside of a building before they enter, it may serve as a deterrent a crime and also record any crime that is committed. Staff is requesting approval of the renderings to complete the park as presented and approve the funding for the completion of the project. Since the project came forward after the budget process, funding has not been allocated to the project. There is adequate funding to complete the project as presented in the General Fund Reserves. The amounts for consideration are as follows: Park Improvements: $30,000 Door and Locking System: $2,605 Video Recording System: (Inc. 5 months maintenance) $7,030 Total: $39,635

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MEMORANDUM

TO: Rick Crowley – City Manager

FROM: Brad Griggs – Assistant City Manager

DATE: March 15, 2017

SUBJECT: Tree Mitigation Fund Budget Amendment

Staff is requesting the Council consider a budget amendment to transfer $36,000 from Tree Mitigation Funds to the general fund operating budget to purchase and install much needed landscaping materials in existing beds and medians. The materials are needed to replace materials that have died at the Harbor, the landscape beds at the intersection of John King Blvd and I-30, I-30 and FM 740, SH 205 at FM 740, the downtown area and the medians on John King Blvd. The source of the funds are contributions from developers that remove trees for development. The purchase of these materials is in compliance with the Council approved ordinance.

Staff will be available to answer any questions at the meeting.

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3/15/2017 Rockwall, TX Code of Ordinances

https://www.municode.com/library/tx/rockwall/codes/code_of_ordinances?nodeId=PTIIIUNDECO_ARTIXTRPR_S11TRFU_S11.1TRFUAD 1/1

Sec. 11.1. - Tree fund administration.

The city shall administer the tree fund. The funds shall be used to purchase plant material as permitted by this ordinance, install (including

the equipment or labor necessary to install the plant materials) and maintain trees on public property including the necessary irrigation

equipment, to acquire wooded property that remains in a naturalistic state in perpetuity, to perform and maintain a city wide tree inventory and

to educate citizens and developers on the bene韌�ts and value of trees. The city council shall have the ability to adopt alternative methods of

creating tree credits and methods of distribution of trees and/or funds for purchasing trees.

Funds collected as a result of the mitigation of trees may be used to purchase trees, both deciduous and coniferous, any woody type plant

or any perennial appropriate for the climatic conditions of the north Texas region.

(Ord. No. 09-23, 6-15-2009; Ord. No. 15-13, § 1, 4-20-2015)

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Harbor plant list Quantity price per plant totalGold mound spirea 3 gal 133 10.5 1396.5Large butterfly bush 3 gal 29 17.5 507.5Trailing White Lantana 3gal 20 5.5 110Cherry Sage 3 gal 34 12.5 425Anthony Waters Spirea 3 gal 56 10.5 588Dwarf Wax Myrtle 3/5 gal 2 16.5 33Prostrate Rosemary 3 gal 228 4.5 1026

4086Big bed at Harbor

Loropetalum 15 14.5 217.5abelia 28 19.5 546winter jasmine 11 14.5 159.5barberry 35 15.5 542.5hawthorne 80 9.5 760mexican feathergrass 92 5.85 538.2butterfly bush 92 17.5 1610cherry sage 80 12.5 1000new gold lantana 72 4.5 324stella d' oro red 70 5.5 385

6082.7Downtown

prostrate rosemary 3 gal 75 4.5 337.5burford holly 3 gal 40 8.5 340

677.5I 30 and 740

Loropetalum 3 gal 68 14.5 986crimson barberry 3 gal 130 15.5 2015red stella d'oro 1 gal 60 5.5 330mexican feather grass 1 gal 160 5.85 936

4267John King Median N. of I 30

Little Gem Magnolia 12 197.5 2370Dwarf Yaopon Holly 88 9.5 836White trailing lantana 36 5.5 198

3404John King Median S. of I 30

Little Gem Magnolia 12 197.5 2370Dwarf Yaopon Holly 88 9.5 836White Trailing Lantana 36 5.5 198

3404NE Corner of John King and 30loropetalum 20 14.5 290edward goucher abelia 15 12.5 187.5cherry sage 15 12.5 187.5miscanthus 20 12.5 250

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mexican feather 134 5.85 783.9red yucca 8 12.5 100

1798.9NW Corner of John King and 30loropetalum 20 14.5 290edward goucher abelia 15 12.5 187.5cherry sage 15 12.5 187.5miscanthus 10 12.5 125mexican feather 430 5.85 2515.5red yucca 15 12.5 187.5

3493SE Corner of John King and 30loropetalum 20 14.5 290edward goucher abelia 16 12.5 200cherry sage 6 12.5 75gulf muhly 17 6 102mexican feather grass 470 5.85 2749.5

3416.5SW corner of John King and 30loropetalum 20 14.5 290edward goucher abelia 17 12.5 212.5cherry sage 10 12.5 125gulf muhly 17 6 102mexican feather grass 440 5.85 2574

3303.5FM 740 at SH 205Liriope and assorted perennials 2000

Grand Total 35933.1

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MEMORANDUM

TO: Honorable Mayor and City Council Members

FROM: Kristy Cole, City Secretary / Assistant to the City Manager

DATE: March 17, 2017

SUBJECT: Architectural Review Board (ARB) Vacancy Appointment

A member of the city’s Architectural Review Board, Kristi Mase, recently resigned from

service on the board. Councilmember Fowler will be making a recommendation to the

Council on Monday regarding a replacement to fill Mrs. Mase’s seat. Whoever is

appointed will be serving a partial term that will run through August of 2018.

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Cole, Kristy

Subject: FW: Boards & Commissions Application

From: Sent: Monday, August 22, 2016 2:28 PM

NAME & ADDRESS John Womble, AIA

Columbia Dr Rockwall, TX 75032

VOTER REGISTRATION - Registered Voter: Yes

PHONE NUMBERS & EMAIL Home: Cell: Email:

PERSONAL DETAILS I have over 15 years of relevant professional and volunteer leadership experience. I graduated with honors from the University of Texas at Arlington with a Bachelor of Science in Architecture in 2000, and joined GFF Architects in 2012 where I am now an Associate and Studio Director. Before joining GFF I worked as the Senior Project Manager & Designer for McCarthy Architecture, where I developed a diverse experience in the Education, Corporate, Religious, Commercial, Municipal, Multi-family, Student Housing, and High-end Residential markets. I am a member of the American Institute of Architects, and I am licensed to practice Architecture in the State of Texas. I want my sons to one day become responsible community leaders, and I feel the best way to teach them that is by example.

BOARDS & COMMISSIONS Interested in Special Committee or Projects? - Yes

Architectural Review Board Yes

Board of Adjustments Yes

Building & Standards Yes

Parks Boards Yes

HPAB Yes

REDC Yes

P&Z Yes

Rockwall Housing Yes

Construction Advisory Yes

Airport Advisory BoardNo

ART Commission - Yes Visual Arts Professional - No Environmental Design Field - Yes Rockwall Alliance for the Arts - No Interested Citizen - No Main Street Board - Yes Downtown Business Owner - No Downtown Property Owner- No Interested Citizen - Yes

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