Appointment with Kelcey and Jami Barnes to request an extension of an expiring 212 Development Agreement and to discuss the potential annexation of

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1 Table of Contents Agenda 4 Hold work session with Rod Holland to discuss developmentrelated requirements for property located on Fannin Street Memo 8 Blank Page 9 Hold a work session to discuss the Rockwall Fire Department Strategic Plan RFD Strategic Plan 10 Blank Page 11 Special Olympics "Athlete of the Year" - Cole Randolph Proclamation 12 Blank Page 13 Consider approval of the minutes from the June 4, 2018 regular city council meeting, and take any action necessary 06/04 CC Mtg Mins 14 Blank Page 22 Consider authorizing the City Manager to execute Contract Amendment Number Five for the total additional contract amount of $20, with Kimley Horn and Associates, Inc. for the S. Lakeshore Dr. / Summit Ridge Dr. Reconstruction Project, and take any action necessary. Memo 23 Contract Amendment 24 Blank Page 29 Consider approval of a contract with Birkhoff, Hendricks and Carter LLP to perform the water/wastewater impact fee update and to update the Master Water/Wastewater Plans in an amount not to exceed $131, to be funded out of the Engineering operation budget, and take any action necessary. Memo 30 Contract 31 Blank Page 47 MIS Consider a request by Michael Ramsey of Ramsey Landscape Architects, LLC for the approval of an amended Treescape Plan and Alternative Tree Mitigation Plan in conjunction with an approved site plan for Reinhardt Elementary School on a acre parcel of land identified as Lot 1, Block A, Rockwall School Addition #2, City of Rockwall, Rockwall County, Texas, zoned Single Family 10 (SF-10) District, addressed as 615 Highland Drive, and take any action necessary. MIS Blank Page 55 Appointment with Mr. Brent Nalley to request an extension of an expiring 212 Development Agreement and to discuss the potential annexation of their property. Nalley Request 56 Blank Page

2 Appointment with Kelcey and Jami Barnes to request an extension of an expiring 212 Development Agreement and to discuss the potential annexation of their property. Memorandum 58 Blank Page 76 Appointment with Mrs. Colleen Vick to hear concerns related to the Summit Ridge/Lakeshore reconstruction project, and take any action necessary. Memo 77 Blank Page 78 Z Hold a public hearing to discuss and consider a request by Tara Migneault for the approval of an ordinance for a zoning change from a Single Family 7 (SF-7) District to a Residential Office (RO) District on a 0.50-acre parcel of land identified as Block 79, B. F. Boydston Addition, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, situated within the Historic Overlay (HOV) District, identified as a Local Landmarked Property, addressed as 506 Barnes Street, and take any action necessary (1st Reading). Z Blank Page 103 Z Hold a public hearing to discuss and consider a request by John Abbott for the approval of an ordinance for a Specific Use Permit (SUP) allowing a Private School in the Downtown (DT) District on a acre parcel of land identified as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas, zoned Downtown (DT) District, addressed as 306 E. Rusk Street, and take any action necessary (1st Reading). Z Blank Page 132 Z Hold a public hearing to discuss and consider a request by Randall Eardley of Wier & Associates, Inc. on behalf of Getra Thomason-Sanders of Chick-Fil-A, Inc. for the approval of an ordinance for a Specific Use Permit (SUP) allowing a Restaurant, 2,000 SF or More with Drive Through in a General Retail (GR) District on a 1.40-acre parcel of land identified as Lot 2, Block A, Lakeshores Commons Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, situated within the North SH-205 Overlay (N. SH-205 OV) District, addressed as 1979 N. Goliad Street, and take any action necessary (1st Reading). Z Blank Page 154 Discuss and consider authorizing staff to proceed with construction bidding and advertising for the S. Lakeshore Dr./Summit Ridge Dr. Reconstruction Project, and take any action necessary. Memo 155 Presentation 156 Blank Page

3 Discuss and consider a request by Samantha Renz of Evolving Texas for the waiver of all impact fees associated with a retail store with gasoline sales on a 1.67-acre tract of land identified as Tract 11-1 of the W. B. Bowles Survey, Abstract No. 12, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 48 (PD-48) for General Retail (GR) District land uses, situated within the SH-66 Overlay (SH-66 OV) District, situated west of the intersection of W. Rusk Street [SH- 66] and N. Lakeshore Drive, and take any action necessary. Memorandum 172 Blank Page 174 MIS Discuss and consider a request by Samantha Renz of Evolving Texas for the approval of a variance to the utility placement requirements for overhead utilities in the SH-66 Overlay (SH-66 OV) District in conjunction with an approved site plan for a retail store with gasoline sales on a 1.67-acre tract of land identified as Tract 11-1 of the W. B. Bowles Survey, Abstract No. 12, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 48 (PD-48) for General Retail (GR) District land uses, situated within the SH-66 Overlay (SH-66 OV) District, situated west of the intersection of W. Rusk Street [SH-66] and N. Lakeshore Drive, and take any action necessary. MIS Blank Page 179 Discuss and consider the fiscal year 2019 budget proposal for the Rockwall Central Appraisal District (RCAD) as well as the FY16 and FY17 audits, and take any action necessary. Budget_Audit 180 Blank Page

4 AGENDA ROCKWALL CITY COUNCIL Monday, June 18, :00 p.m. Regular City Council Meeting City Hall, 385 S. Goliad, Rockwall, Texas I. CALL PUBLIC MEETING TO ORDER II. WORK SESSION p.8 1. Hold work session with Rod Holland to discuss development-related requirements for property located on Fannin Street p Hold a work session to discuss the Rockwall Fire Department Strategic Plan III. 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 legal issues pertaining to potential annexation pursuant to Section (Consultation with Attorney) 2. Discussion regarding purchase or lease of real property in the vicinity of County Line Rd. pursuant to Section (Real Property) and Section (Consultation with Attorney) 3. Discussion regarding appointments to city regulatory boards, commissions, and committees - specifically the Planning & Zoning Commission and Building & Standards Commission - pursuant to Section (Personnel Matters) 4. Discussion regarding process and nomination to fill vacancy on Rockwall Central Appraisal District Board pursuant to Section (Personnel Matters) 5. 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 (Consultation with Attorney) IV. ADJOURN EXECUTIVE SESSION 4 4

5 V. RECONVENE PUBLIC MEETING AGENDA ROCKWALL CITY COUNCIL Monday, June 18, :00 p.m. Regular City Council Meeting City Hall, 385 S. Goliad, Rockwall, Texas VI. VII. VIII. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION INVOCATION AND PLEDGE OF ALLEGIANCE MAYOR PRO TEM FOWLER PROCLAMATIONS / AWARDS p Special Olympics "Athlete of the Year" - Cole Randolph IX. OPEN FORUM X. CONSENT AGENDA p.14 p.23 p.30 p.48 XI. p.56 p Consider approval of the minutes from the June 4, 2018 regular city council meeting, and take any action necessary 2. Consider authorizing the City Manager to execute Contract Amendment Number Five for the additional contract amount of $20,000 with Kimley Horn and Associates, Inc. for the S. Lakeshore Dr. / Summit Ridge Dr. Reconstruction Project, and take any action necessary. 3. Consider approval of a contract with Birkhoff, Hendricks and Carter LLP to perform the water/wastewater impact fee update and to update the Master Water/Wastewater Plans in an amount not to exceed $131,525 to be funded out of the Engineering operations budget, and take any action necessary. 4. MIS Consider a request by Michael Ramsey of Ramsey Landscape Architects, LLC for the approval of an amended Treescape Plan and Alternative Tree Mitigation Plan in conjunction with an approved site plan for Reinhardt Elementary School on a acre parcel of land identified as Lot 1, Block A, Rockwall School Addition #2, City of Rockwall, Rockwall County, Texas, zoned Single Family 10 (SF-10) District, addressed as 615 Highland Drive, and take any action necessary. 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. 2. Appointment with Mr. Brent Nalley to request an extension of an expiring 212 Development Agreement and to discuss the potential annexation of their property. 3. Appointment with Kelcey and Jami Barnes to request an extension of an expiring 212 Development Agreement and to discuss the potential annexation of their property. 5 5

6 p Appointment with Mrs. Colleen Vick to hear concerns related to the Summit Ridge/Lakeshore reconstruction project, and take any action necessary. XII. PUBLIC HEARING ITEMS p.79 p.104 p Z Hold a public hearing to discuss and consider a request by Tara Migneault for the approval of an ordinance for a zoning change from a Single Family 7 (SF-7) District to a Residential Office (RO) District on a acre parcel of land identified as Block 79, B. F. Boydston Addition, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, situated within the Historic Overlay (HOV) District, identified as a Local Landmarked Property, addressed as 506 Barnes Street, and take any action necessary (1st Reading). 2. Z Hold a public hearing to discuss and consider a request by John Abbott for the approval of an ordinance for a Specific Use Permit (SUP) allowing a Private School in the Downtown (DT) District on a acre parcel of land identified as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas, zoned Downtown (DT) District, addressed as 306 E. Rusk Street, and take any action necessary (1st Reading). 3. Z Hold a public hearing to discuss and consider a request by Randall Eardley of Wier & Associates, Inc. on behalf of Getra Thomason- Sanders of Chick-Fil-A, Inc. for the approval of an ordinance for a Specific Use Permit (SUP) allowing a Restaurant, 2,000 SF or More with Drive Through in a General Retail (GR) District on a 1.40-acre parcel of land identified as Lot 2, Block A, Lakeshores Commons Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, situated within the North SH-205 Overlay (N. SH-205 OV) District, addressed as 1979 N. Goliad Street, and take any action necessary (1st Reading). XIII. ACTION ITEMS p.155 p Discuss and consider authorizing staff to proceed with construction bidding and advertising for the S. Lakeshore Dr./Summit Ridge Dr. Reconstruction Project, and take any action necessary. 2. Discuss and consider a request by Samantha Renz of Evolving Texas for the waiver of all impact fees associated with a retail store with gasoline sales on a 1.67-acre tract of land identified as Tract 11-1 of the W. B. Bowles Survey, Abstract No. 12, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 48 (PD-48) for General Retail (GR) District land uses, situated within the SH-66 Overlay (SH-66 OV) District, situated west of the intersection of W. Rusk Street [SH-66] and N. Lakeshore Drive, and take any action necessary. 6 6

7 p.175 p MIS Discuss and consider a request by Samantha Renz of Evolving Texas for the approval of a variance to the utility placement requirements for overhead utilities in the SH-66 Overlay (SH-66 OV) District in conjunction with an approved site plan for a retail store with gasoline sales on a 1.67-acre tract of land identified as Tract 11-1 of the W. B. Bowles Survey, Abstract No. 12, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 48 (PD-48) for General Retail (GR) District land uses, situated within the SH-66 Overlay (SH-66 OV) District, situated west of the intersection of W. Rusk Street [SH-66] and N. Lakeshore Drive, and take any action necessary. 4. Discuss and consider the fiscal year 2019 budget proposal for the Rockwall Central Appraisal District (RCAD) as well as the FY16 and FY17 audits, and take any action necessary. XIV. 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: XV. XVI. 1. Discussion regarding legal issues pertaining to potential annexation pursuant to Section (Consultation with Attorney) 2. Discussion regarding purchase or lease of real property in the vicinity of County Line Rd. pursuant to Section (Real Property) and Section (Consultation with Attorney). 3. Discussion regarding appointments to city regulatory boards, commissions, and committees - specifically the Planning & Zoning Commission and Building & Standards Commission - pursuant to Section (Personnel Matters) 4. Discussion regarding process and nomination to fill vacancy on Rockwall Central Appraisal District Board pursuant to Section (Personnel Matters) 5. 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 (Consultation with Attorney) RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION 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) or FAX (972) 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 (Consultation with Attorney) (Deliberations about Real Property) (Personnel Matters) and (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 15 th day of June, 2018 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 7 7

8 MEMORANDUM TO: FROM: Honorable Mayor and City Council Members Kristy Cole, City Secretary / Assistant to the City Manager DATE: June 15, 2018 SUBJECT: Work Session w/ Rod Holland Mr. Holland will be present at Monday s work session to speak to the Council concerning this matter. Information pertaining to this topic will be presented at that time. 8 8

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10 FIRE DEPARTMENT 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. STRATEGIC GOALS STRATEGIC INITIATIVES 1. Provide on duty staffing levels Submit staffing plan and budget to subcommittee and council sufficient to respond simultaneously to a structure fire in a single family Enhance the training program through the home and a second incident, e.g. a implementation of a Training/Safety Officer motor vehicle collision (MVC) 16 on position duty personnel to be achieved Enhance the accountability system so that utilizing full-time and/or part-time personnel can be organized into crews on personnel 100% of incidents Have 100% of new recruits trained to the level of TCFP Basic Firefighter within 6 months of their start date Evaluate the benefit of certifying personnel in Blue Card ICS 2. Ensure the health and safety of the 100% of members to complete a Huguley membership Assessment (or similar assessment) annually Develop a program for the cleaning and inspection (and documentation of said cleaning and inspection) of 100% of PPE on an annual basis. 3. Provide rapid response times for Report quarterly on our ability to have a 4 service delivery minute drive time or less to 90% of code 3 incidents within the city limits Report quarterly on our ability to have a full alarm assignment (13 adequately trained personnel) on scene at working structure fires within 8 minutes 90% of the time. 4. Open new fire stations as needed Evaluate the need for and/or begin the planning of an additional station when: The number of built-upon street miles in a district without a station is equal to 50% of the average built-upon street miles in districts with stations The number of calls for service in a district without a station is 50% of the average number of calls for service in districts with stations When drive times to calls for service in a district without a station exceed 4 minutes 50% of the time 5. Replace fire apparatus at the end of its useful life TARGET COMPLETION DATE Q3 FY 2018 Q1 FY 2018 Q3 FY 2018 Q3 FY 2018 Q2 FY 2018 Q4 FY 2018 Q3 FY 2018 Q2 FY 2018 Q3 FY 2018 Ongoing assessment Re-evaluate apparatus replacement guidelines Q4 FY 2018 Evaluate the type of apparatus (ladder, Q4 FY 2018 engine, etc) that are housed in stations COMPLETION DATE (ex. Q4 FY 2017) Q1/Q2 PROGRESS REPORT (200 character max) Q3 PROGRESS REPORT (200 character max) Q4 PROGRESS REPORT (200 character max) 10 10

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12 Proclamation Whereas, Cole Randolph is a Special Olympics athlete on the Rockwall County team, participating in five sports throughout the year including basketball, swimming, bowling, flag football, and cycling; and Whereas, Cole has competed at local, Area and State level competitions and ; Whereas, Cole has good attendance for both practices and competitions, greets others with a smile and easily meets new friends; and Whereas, Cole models joy and enthusiasm as he gladly embraces every challenge no matter how great; and Whereas, Cole expresses appreciation to those who lend their time as volunteers and coaches; and Whereas, Cole's attitude reflects the spirit of the Special Olympic oath and was recently named the 2018 Area 10 Male Athlete of the Year for the Texas Special Olympics. Now, Therefore, I, Jim Pruitt, Mayor of the City of Rockwall, Texas, do hereby proclaim June 18 th as Cole Randolph Celebration Day in the City of Rockwall and urge all citizens to applaud and congratulate Cole for this awesome, noteworthy achievement. In Witness Whereof, I hereunto set my hand and official seal this 18 th day of June Jim Pruitt, Mayor 12 12

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14 MINUTES ROCKWALL CITY COUNCIL Monday, June 04, :00 p.m. Regular City Council Meeting City Hall S. Goliad, Rockwall, Texas I. CALL PUBLIC MEETING TO ORDER Mayor Pro Tem Fowler called the meeting to order at 4:02 p.m. Present were Mayor Pro Tem Kevin Fowler and Councilmembers Patrick Trowbridge, Dana Macalik, John Hohenshelt, Bennie Daniels and Trace Johannesen. Also present were City Manager Rick Crowley, Assistant City Managers Mary Smith and Brad Griggs and City Attorney Frank Garza. Mayor Jim Pruitt was absent from the meeting. II. WORK SESSION 1. Hold a work session to discuss reconstruction of Highland Drive and the process associated with implementation of this and other projects related to the 2018 Bond Election. Assistant City Manager Mary Smith provided information pertaining to this work session item. She explained that Highland Drive is on the list for the northern half of the City and is ranked 3 rd in priority on that list. The project, in totality, is 1,880 in length. Beginning shortly, RISD will demolish Reinhardt Elementary which fronts Highland, and during the school year will rebuild it from the ground up. It makes sense to plan to reconstruct the stretch of Highland in front of Reinhardt during this time when traffic will be light and mostly construction-related. There is only one home that fronts Highland between Driftwood and the northern terminus of the project at Bedford Falls. Mrs. Smith explained that staff has discussed with RISD s construction department and they are in agreement that our contractors and theirs can coordinate the two projects without ours being an impediment to theirs. Mrs. Smith went on to explain that staff suggests that the Council consider moving forward with engineering the length of the Highland project with the design firm placing an early emphasis on the stretch in front of Reinhardt. Staff believes that section can be engineered, bid, and constructed before the new Reinhardt opens in August The engineering contract is on the agenda for Council s consideration and is approximately $329,000. The construction estimate for the proposed section is approximately $1million dollars. 2. Hold a work session to discuss the selection committee associated with the hiring of a ballpark feasibility study consultant. City Manager, Mr. Crowley, and Assistant City Manager, Mr. Griggs, briefed the Council on this item. Councilmember Hohenshelt acknowledged that a third party (i.e. a consultant ) is certainly necessary in order to properly evaluate this topic and thoroughly assess the needs. Councilmember Daniels asked if a city council member should or should not serve on this type of committee, and it was generally indicated that this could be a possibility. Discussion ensued pertaining to whether or not this current City Council would or would not end up moving forward with implementing any recommendations that may arise as a result of any consultant-led feasibility study

15 Mayor Pro Tem Fowler shared that he is not convinced that taking (approximately) $60,000 out of city funds in order to move forward with this type of study at this particular point in time, especially right after a bond election proposal was recently approved by voters, may not be the best idea. He suggested that this topic might more appropriately be discussed during the city council s annual budget work session. Furthermore, he would like for the full council to be present before moving forward with any action in this regard. It was generally agreed that Council will have further discussions pertaining to the possibility of moving forward with a feasibility study during the upcoming budget work session this summer. 3. Hold a work session to discuss the RISD School Resource Officer (SRO) staffing program for the school year. Police Chief Kirk Riggs shared that the RISD superintendent requested an additional SRO part way through this past school year, and the city provided one (without additional charge to the RISD). He explained that other cities have a 3:1 ratio for number of officers to schools. He believes that increasing the number of SROs from six to nine will help better protect our local schools. Mayor Pro Tem Fowler then read the following discussion items into the record before recessing the public meeting to go into Executive Session (at 4:38 p.m.). III. 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 interlocal mutual aid agreement(s) pursuant to Section (Consultation with Attorney). 2. Discussion regarding legal issues pertaining to potential annexation pursuant to Section (Consultation with Attorney) 3. Discussion regarding possible sale of real property / land in PD-32 pursuant to Section (Real Property). 4. Discussion regarding process and nomination to fill vacancy on Rockwall Central Appraisal District Board pursuant to Section (Personnel Matters) 5. Discussion regarding purchase or lease of real property in the vicinity of County Line Rd. pursuant to Section (Real Property) and Section (Consultation with Attorney). 6. Discussion regarding options to pursue fees due by franchise utility provider pursuant to Section (Consultation with Attorney). 7. Discussion regarding appointments to city regulatory boards, commissions, and committees - specifically the Planning & Zoning Commission and Building & Standards Commission - pursuant to Section (Personnel Matters) 8. 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 (Consultation with Attorney) 15 15

16 IV. ADJOURN EXECUTIVE SESSION Council adjourned from Executive Session at 4:37 p.m. V. RECONVENE PUBLIC MEETING Mayor Pro Tem Fowler reconvened the public meeting at 6:00 p.m. with six of seven council members being present (Mayor Jim Pruitt was absent). VI. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION Councilmember Hohenshelt made a motion to direct staff to start the process for city initiated zoning on city owned property located in PD-32. Councilmember Macalik seconded the motion, which passed by a vote of 5 ayes, 1 nay (Daniels) and 1 absent (Pruitt). Councilmember Hohenshelt moved to approve the Parcel 10 construction easement for the price conveyed in the Executive Session. Councilmember Macalik seconded the motion, which passed by a vote of 6 ayes with 1 absent. Councilmember Hohenshelt moved to direct the city attorney to pursue the cause of action for the franchise fees. Councilmember Macalik seconded the motion, which passed by a vote of 6 ayes with 1 absent. VII. INVOCATION AND PLEDGE OF ALLEGIANCE COUNCILMEMBER DANIELS Councilmember Daniels delivered the invocation and led the Pledge of Allegiance. VIII. OPEN FORUM Mayor Pro Tem Fowler explained how Open Forum is conducted and asked if anyone would like to come forth and speak at this time. There being no one indicating such, he then closed Open Forum. IX. CONSENT AGENDA 1. Consider approval of the minutes from the May 21, 2018 regular city council meeting, and take any action necessary. 2. MIS Consider a City initiated request to amend the Comprehensive Plan by approving an ordinance changing to the Master Thoroughfare Plan Map contained within the Transportation section of the plan for the purpose of [1] reclassifying Horizon Road [FM-3097] from a M4U (minor arterial, four [4] lane, undivided roadway) to a TXDOT4D (TXDOT, four [4] lane, roadway) and [2] realigning Breezy Hill Road to reflect existing public right-of-way, and take any action necessary (2nd Reading). 3. Z Consider the approval of an ordinance for a text amendment to the Permissible Use Charts contained in Article IV, Permissible Uses, of the Unified Development Code [Ordinance No ] for the purpose of allowing the Furniture Upholstery, Refinishing or Resale land use by Specific Use Permit (SUP) in the Commercial (C) District, and take any action necessary (2nd Reading). 4. P Consider a request by Bill Thomas of Engineering Concepts & Design on behalf of David Naylor of Rayburn Country Electric Cooperative for the approval a 16 16

17 replat for Lots 8 & 9, Block A, Rayburn Country Addition being a acre tract of land identified as Lots 4 & 5, Block A, Rayburn Country Addition, City of Rockwall, Rockwall County, Texas, zoned Heavy Commercial (HC) District, generally located northeast of the intersection of Mims Road and Sids Road, and take any action necessary. 5. P Consider a request by Billy Duckworth of A & W Surveyors, Inc. for the approval of a replat for Lots 1 & 2, Block A, Kayce Lynn Addition No. 1 being a acre tract of land identified as Lots 33 & 34, Canup Addition, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, situated within the Southside Residential Neighborhood Overlay (SRO) District, located at the southeast corner of Emma Jane Road and Sam Houston Street, and take any action necessary. 6. P Consider a request by Billy Duckworth of A & W Surveyors, Inc. for the approval of a replat for Lot 1, Block A, Kayce Lynn Addition No. 2 being a acre tract of land identified as a portion of Lot 53 of the Canup Addition, City of Rockwall, Rockwall County, Texas, zoned Single-Family 7 (SF-7) District, situated within the Southside Residential Neighborhood Overlay (SRO) District, located at the northwest corner of Emma Jane Road and Sam Houston Street, and take any action necessary. 7. P Consider a request by Bart Tinsley of Adlers Rockwall SIL Property, LLC on behalf of Rob Cameron of Cameron & Cameron for the approval of a conveyance plat for Lots 1 & 2, Block A, Rockwall Seniors Addition being a acre tract of land identified as Tract 8 of the B. J. T. Lewis, Abstract No. 255, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 86 (PD-86) for Multi-Family 14 (MF-14) District land uses, situated within the SH-205 Overlay (SH-205 OV) District, generally located south of the intersection of TL Townsend Drive and Justin Road, and take any action necessary. 8. P Consider a request by Robby Widboom for the approval of a final plat of Lot 1, Block A, Widboom Addition being a one (1) acre tract of land identified as Tract 11-2 of the D. Harr Survey, Abstract No. 102, City of Rockwall, Rockwall County, Texas, zoned Single Family 1 (SF-1) District, situated within the East SH-66 Overlay (E. SH-66 OV) District, addressed as 770 SH-66, and take any action necessary. 9. P Consider a request by David M. Ellis for the approval of a replat for Lot 1, Block D, Ellis Centre, Phase 2 being a 7.25-acre tract of land identified as Lot 2, Block A and Lots 4 & 5, Block C, Ellis Centre, Phase 2, City of Rockwall, Rockwall County, Texas, zoned Light Industrial (LI) District, situated at the end of Alpha Drive, and take any action necessary. 10. P Consider a request by Bassam Ziada for the approval of a replat for Lot 7, Block A, Wal-Mart Supercenter Addition being a acre tract of land identified as Lot 5, Block A, Wal-Mart Supercenter Addition, City of Rockwall, Rockwall County, Texas, zoned Commercial (C) District, situated within the IH-30 Overlay (IH-30 OV) District, addressed as 776 E. IH-30, and take any action necessary. Councilmember Hohenshelt moved to approve the entire Consent Agenda. Councilmember Trowbridge seconded the motion. The ordinances were read as follows: 17 17

18 CITY OF ROCKWALL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, ADOPTING REVISIONS TO THE MASTER THOROUGHFARE PLAN CONTAINED WITHIN THE TRANSPORTATION SECTION OF THE COMPREHENSIVE PLAN IN ACCORDANCE WITH THE CITY S HOME RULE CHARTER; PROVIDING FOR AN EFFECTIVE DATE. CITY OF ROCKWALL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO ] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, BY AMENDING 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 ayes with 1 absent (Pruitt). X. 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. 2. Appointment with Sheena Beaver of the Dallas Builder's Association on behalf of Patriot Paws to discuss and consider a request for a waiver to the building permit fees for a proposed residential care facility on a acre parcel of land identified as Lot 1, Block A, Patriot Paws Addition, City of Rockwall, Rockwall County, Texas, zoned Commercial (C) District, addressed as 302 Ranch Trail, and take any action necessary. Mike Mishler 1009 Ivy Lane Rockwall, TX Mr. Mishler came forth and briefed the Council on details associated with his request for these fees to be waived. Following Mr. Mishler s comments, Councilmember Daniels moved to approve waiving the permit fees, as requested. Councilmember Hohenshelt seconded the motion, which passed by a vote of 6 ayes with 1 absent (Pruitt). XI. ACTION ITEMS 1. Z Discuss and consider the approval of an ordinance for a text amendment to the Permissible Use Charts and Use Standards contained in Article IV, Permissible Uses, of the Unified Development Code [Ordinance No ] for the purpose of allowing the Brewery or Distillery (Excluding Brew Pub) land use by Specific Use Permit (SUP) in the Downtown (DT) District, and take any action necessary (2nd Reading). Mr. Miller explained that this has been placed on Action Items (in lieu of Consent Agenda) due to it not having received a unanimous vote at the last Council meeting. Councilmember Hohenshelt then moved to approve Z , and Councilmember Johannesen seconded the motion. The ordinance was read as follows: 18 18

19 CITY OF ROCKWALL ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO ] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, BY AMENDING 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 5 in favor, 1 against (Daniels) and 1 absent (Pruitt). 2. SP Discuss and consider a request by Andy Sebacher of Forum Studio Architects, Inc. on behalf of Alan Yu of Lollicup USA, Inc. for the approval of a variance in conjunction with an approved site plan for a manufacturing facility on a acre tract of land identified as a portion of Lot 1, Block A, Rockwall, Technology Park, Phase 2 and Tract 2-01 of the J. H. B. Jones Survey, Abstract No. 125, City of Rockwall, Rockwall County, Texas, zoned Light Industrial (LI) District, located at the southeast corner of the intersection of Corporate Crossing [FM-3549] and Capital Boulevard, situated within the FM-549 Overlay (FM-549 OV) District, and take any action necessary. Mr. Miller, Planning Director, briefed the Council on this agenda item, indicating that it was deferred at the last Council meeting. Councilmember Hohenshelt pointed out that no one from the requesting company came to the meeting last time, and again no one is present this evening. Councilmember Trowbridge indicated that the Planning & Zoning Commission followed the recommendation of the Architectural Review Board. Councilmember Daniels asked what would happen if the Council were to take no action at all. Mr. Miller explained that if no action is taken by Council, then it would be considered to be denied with prejudice, and the applicant would have to wait for one year until they could bring it back again (unless they came back with something that would be considered as a substantive change ). The Council took no action pertaining to this agenda item. 3. Discuss and consider awarding a contract to Teague, Nall, & Perkins in the amount of $329,700 for the engineering design for Highland Drive improvements to be funded by the 2018 bond election, and take any action necessary. Councilmember Hohenshelt moved to approve the award of the contract. Councilmember Daniels seconded the motion, which passed by a vote of 6 ayes with 1 absent (Pruitt). 4. Discuss and consider appointments to the city's Architectural Review Board, and take any action necessary. Mayor Pro Tem Fowler indicated that the Council will bring this agenda item back at a later date for consideration

20 XII. 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 - April 2018 Fire Department Monthly Report - April 2018 GIS Division Monthly Report - April 2018 Harbor PD Monthly Report - April 2018 Internal Operations Department Monthly Report - April 2018 Police Department Monthly Report - April 2018 Recreation Monthly Report - April 2018 Rockwall Animal Adoption Center Monthly Report - April 2018 STAR Transit Monthly Report - April City Manager s Report Mr. Crowley shared that there is a substantial power outage in South and in East Rockwall. A transmission tower was struck by lightning. Oncor is aware and is working to remedy the issue. He indicated that staff reports have been made available to Council in the informational meeting packet, and he is happy to answer any questions. There were no questions asked. XIII. 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 interlocal mutual aid agreement(s) pursuant to Section (Consultation with Attorney). 2. Discussion regarding legal issues pertaining to potential annexation pursuant to Section (Consultation with Attorney) 3. Discussion regarding possible sale of real property / land in PD-32 pursuant to Section (Real Property). 4. Discussion regarding process and nomination to fill vacancy on Rockwall Central Appraisal District Board pursuant to Section (Personnel Matters) 5. Discussion regarding purchase or lease of real property in the vicinity of County Line Rd. pursuant to Section (Real Property) and Section (Consultation with Attorney). 6. Discussion regarding options to pursue fees due by franchise utility provider pursuant to Section (Consultation with Attorney). 7. Discussion regarding appointments to city regulatory boards, commissions, and committees - specifically the Planning & Zoning Commission and Building & Standards Commission - pursuant to Section (Personnel Matters) 8. 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 (Consultation with Attorney) 20 20

21 XIV. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION Council did not go back into Executive Session following the close of the public meeting agenda. XV. ADJOURNMENT Mayor Pro Tem Fowler adjourned the meeting at 6:18 p.m. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, THIS 18 th DAY OF JUNE, ATTEST: Jim Pruitt, Mayor Kristy Cole, City Secretary 21 21

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23 MEMORANDUM TO: FROM: Rick Crowley, City Manager Amy Williams, P.E., Public Work Director/City Engineer DATE: May 31, 2018 SUBJECT: S. Lakeshore Drive/Summit Ridge Drive Reconstruction Project As part of the storm drainage engineering design for the S. Lakeshore Drive/Summit Ridge Drive project it has been a priority of Staff and the Engineering Consultant, Kimley-Horn and Associates, Inc., to reduce the flooding that is occurring within the project limits that has been occurring for many years. The current flooding is due to the existing system being undersized and not designed to current standards. The existing drainage system that is within S. Lakeshore Drive and Summit Ridge Drive is designed for a 5-yr storm event compared to the Cities current standard of a 100-yr storm event. Staff and Kimley-Horn s goal was to utilize the existing drainage system downstream of the current project limits as much as possible to carry the storm water runoff and divert flow to other systems in the area that have extra capacity where possible. Partial storm water diversions were able to occur helping relieve the existing system, but elevations and hydraulics prevent a complete diversion of runoff from the drainage system in the S. Lakeshore Drive system. In order to achieve the required need capacity for the S. Lakeshore Dr. drainage system a parallel storm line down Shoretrail Drive and a reconstruction of the system in Stonebridge Drive to Lake Ray Hubbard is required. Portions of the downstream existing system will remain in order to reduce the overall size of pipe needed in the parallel system. Staff has requested that the consultant engineer for the S. Lakeshore Dr./Summit Ridge Drive Reconstruction Project, Kimley Horn and Associates, Inc., provide additional engineering services, Amendment Number Five, for the engineering design and construction document preparation for these downstream storm drainage improvements from S. Lakeshore Drive to Lake Ray Hubbard into the Lakeshore Drive/Summit Ridge Drive Reconstruction Project. Amendment Number Five also includes reallocation of existing unused engineering services for traffic signal modifications and retaining wall at the SH 66 and S. Lakeshore Drive Intersection for pedestrian improvements. Also included in the reallocation are services for sanitary sewer line re-routing in the neighborhood to eliminate lines between houses. Staff is requesting City Council consideration for approval Contract Amendment Number Five for the total additional contract amount of $20, with Kimley Horn and Associates, Inc.. for the S. Lakeshore Dr./Summit Ridge Dr. Reconstruction Project. If you have any questions, please advise. AW:jmw Attachments Cc: Jeremy White, P.E., CFM, Civil Engineer File 23 23

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25 Exhibit A to Amendment Number 5, dated 5/31/2018. ENGINEER shall perform the following Additional Services: Task 19: Demolition and Existing Conditions Drawings Engineer will prepare existing conditions plan sheets for the entirety of the project (roadway and alleys): Review topographic survey information provided by subconsultant and site photos taken during previous site visits. Perform up to one additional site visit to confirm site conditions. Prepare drawings depicting existing conditions on 22 x34 page size at 1 =20. o The following items may be specifically called out: Pavement materials Sidewalk/leadwalk materials Mailboxes and materials Driveway materials Existing decorative landscape items Existing trees including caliper Existing sign location and type Signal equipment Property and easement lines o Prepare drawing legend for materials depicted. Drawings will be incorporated into the overall construction drawings for all remaining submittals (90%, 100%). Engineer will prepare demolition plan sheets for the entirety of the project (roadway and alleys): Review topographic survey information provided by subconsultant and identify existing infrastructure that will need to be removed to complete proposed improvements. Prepare drawings depicting removal items on 22 x34 page size at 1 =20. o The following items may be specifically called out for removal: Roadway pavement Alley pavement Driveway pavement Sidewalk Trees Mailboxes o Prepare drawing legend for materials depicted. Drawings will be incorporated into the overall construction drawings for all remaining submittals (90%, 100%). Task 20: Sanitary Sewer Rerouting The City has requested the Engineer to provide construction drawings for the rerouting of existing sanitary sewer lines within the vicinity of the project limits. These lines have been studied by the City to determine such rerouting is feasible. The Engineer assumes no liability associated with sanitary sewer basin analysis performed in consideration of these improvements. The Engineer will prepare the following: Prepare plan and profile drawings for the rerouting of sanitary sewer line at the following locations: o o Glenn Avenue approximately 165 linear feet west of Spring Creek Drive. Forest Trace from the alley west of Alexander Lane to directly east of the Alexander Lane intersection. Prepare utility details to clarify intent of design. Compile applicable City standard details. Modify standard details as needed. Drawings will be incorporated into the overall construction drawings for all remaining submittals (90%, 100%). Engineer will acquire additional topographic information as needed to perform the above design as specified

26 Task 21: Drainage Diversion (System B) Engineer will prepare additional drainage plan and profile sheets for the proposed diversions of Storm Drain System B along Shoretrail Drive and Stonebridge Drive, improvements to the existing System B storm drain line and outfall to Lake Ray Hubbard and the proposed outfall of runoff into Stream No. 4 near the S. Lakeshore Drive bridge: Develop memorandum explaining analysis results indicating the need for proposed drainage diversions as outlined above. Obtain additional topographic survey information: o Along Shoretrail Drive from Stonebridge Drive to S. Lakeshore Drive o Along Stonebridge Drive from approximately 140 linear feet south of Shoretrail Drive to o approximately 275 linear feet north of Shoretrail Drive. Between lots 313 and 311 Stonebridge Drive extending to the outfall of System B at Lake Ray Hubbard, approximately 475 linear feet. Perform hydrologic and hydraulic analysis updates to previously calculated System B to include but not limited to the following: o Drainage area delineation o Inlet calculations o Hydraulic Grade Line (HGL) calculations including capacity, velocity, frictional slope, partial depth, etc. Perform system pipe alignment and elevation updates to previously calculated storm drain system to sub-divide system in an effort to create diversion line and a new system outfall. Develop outfall geometry and erosion protection for outfalls: o Stream No. 4; and o System B (Lake Ray Hubbard) Perform coordination with City of Dallas to permit discharge of additional storm water runoff into Lake Ray Hubbard. o Engineer will endeavor to obtain approval for storm water runoff; however, approval cannot be guaranteed. Develop additional plan and profile sheets at 22 x34 page size at 1 =20 for revised storm drain alignments. Compile applicable City standard details. Modify standard details as needed. Update opinion of probable construction cost for system modifications associated with Task 21. Task 22: Traffic Signal Modification (South Only) Design of modifications to the existing traffic signal at State Highway 66 and S. Lakeshore Drive along the southwest and southeast corners based on the a TxDOT approved conceptual layout. The approved layout includes modifications to the southwest and southeast corners of the intersection only. Develop layouts and summary charts for the intersection. Select the applicable TxDOT and City design details. Develop specifications. Develop traffic signal sheets for inclusion in the plans for all remaining submittals. Update opinion of probable construction cost for traffic signal modifications associated with Task 22. Relocation of signal cabinet, traffic signal analysis, traffic signal or curb ramp modifications to the northeast and/or northwest corners, and traffic signal timing changes will be considered Additional Services. Task 23: Retaining Wall (For Pedestrian Improvements) Design reinforced concrete retaining walls at the southwest and southeast corners of the intersection of S. Lakeshore Drive and State Highway 66 as needed for proposed pedestrian improvements. Retaining walls may be traditional cantilevered walls or drilled shaft walls, depending on geotechnical recommendations and the height of soil retained. Review geotechnical information for considerations in retaining wall design. Prepare plan and profile sheets 22 x 34 page size at 1 =20 for proposed wall structures. Prepare structural details associated with the construction of these retaining walls including 26 26

27 connections to adjacent abutment structures, pedestrian railing, etc. Update opinion of probable construction cost for proposed wall structures associated with Task 23. Additional Services Any services not specifically provided for in the above additional services scope will be billed as new additional services and performed at our then current hourly rates. Schedule: Kimley-Horn will perform the tasks above within a mutually agreed upon schedule once authorized by the CITY to proceed. Method of Compensation: It is the understanding of the ENGINEER at the direction of the CITY that reimbursable services associated with Tasks 2, 6, 12, Add 3 Bid Phase Services and Add 3 Construction Phase Services are considered complete. Accordingly, the remaining budget allocated to these tasks as part of the existing agreement are to be reallocated to the tasks outlined in this amendment. Additional compensation is to be authorized as part of Task 21. Further outline of these adjustments is included in Attachment A. For the Additional Services set forth in this amendment, ENGINEER shall reallocate existing surplus task budgets to the new tasks outlined below: Reimbursable: Existing Contract Surplus Budget ($45,500) Task 19: Demolition and Existing Conditions Drawings $10,000 Task 20: Sanitary Sewer Rerouting $6,000 Task 21: Drainage Diversion (System B) $32,000 Task 22: Intersection Improvements (South Only) $10,000 Task 23: Retaining Wall (For Pedestrian Improvements) $7,500 Subtotal Reimbursable Fee $65,500 Net Change in Contract Amount $20,000 Revised Total Contract $289,500 ENGINEER will not exceed the total maximum Reimbursable fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right to reallocate amounts among tasks as necessary

28 Attachment A Amendment No. 5 S. Lakeshore Drive/Summit Ridge Drive Reconstruction CIP Project No.: Basic Services Original Amd 1 Amd 2 Amd 3 Amd 4 Amd 5 Revised 8 - Preliminary Design $218, $218, Final Design $282, $282, Add 1 - Intersection Analysis $21, $21, Add 2 - Stream No. 4 Analysis $22, $22, Add 3 - Preliminary Design $43, $43, Add 3 - Final Design $18, $18, Total $501, $21, $22, $62, $0.00 $0.00 $606, Original Contract $501, Amount this Authorization $0.00 Revised Total Contract $606, Special Services Original Amd 1 Amd 2 Amd 3 Amd 4 Amd 5 Revised 1 - Survey $54, $3, $57, Easement Instruments of Conveyance $7, $7, $ Geotechnical $11, $11, Existing Sanitary Sewer Video Inspection $15, $12, $2, Subsurface Utility Engineering (SUE) $40, $4, $36, Public Involvement $43, $13, $30, Environmental $0.00 $ Bidding Phase $10, $10, Construction Contract Administration $16, $16, Special Services Storm Sewer Inspection Renderings $28, $6, $21, Add 3 - Topographic Survey $20, $ $20, Add 3 - Bid Phase Services $12, $12, $0.00 Add 3 - Construction Phase Services $10, $10, $ Add 4 (Bridge) - Topographic Survey $2, $ $3, Add 4 (Bridge) - Hydraulic Assessment/Scour Analysis $10, $10, Add 4 (Bridge) - Evaluation of U. S. Army Corps of Engineers Permitting $4, $4, Add 5 - Demo. & Ex. Conditions Drawings $10, $10, Add 5 - San. Sewer Rerouting $6, $6, Add 5 - Drainage Diversion (System B) $32, $32, Add 5 - Intersection Improv. (South Only) $10, $10, Add 5 - Retaining Wall (For Ped. Improv.) $7, $7, Total $227, $0.00 $0.00 $42, $0.00 $20, $289, * Additional authorization of $20,000 for Task 21 - Add 5 - Drainage Diversion (System B) Original Contract $227, Amount this Authorization $20, Revised Total Contract $289, of

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30 MEMORANDUM TO: FROM: Rick Crowley, City Manager Amy Williams, Director of Public Works/City Engineer DATE: June 5, 2018 SUBJECT: Water/Wastewater Impact Fee Update/Master Plans State Law requires cities charging impact fees to developments to update these fees every five years. The City of Rockwall currently charges developments impact fees for water, wastewater and roadway improvements. The roadway impact fees were recently updated and approved by City Council. These updates usually involve updating land use assumption, evaluating your existing systems for deficiencies, calculating development needs for the next ten years, creation of a capital improvement project list and establishment of the maximum fees that can be charged. With the proposed work that will be occurring with the impact fee update process, the updating of our existing Master Plans for the Water Distribution and Wastewater Collection Systems should occur at this time. These Master Plans provide guidance to the Developers, Engineers and Staff to establish proposed improvements to meet future demands. Staff has received a proposal from Birkhoff, Hendricks and Carter LLP to perform these services for the City in the amount of $131, Funding for this work is available in current water/wastewater revenues. Staff requests City Council consideration to approve a contract with Birkhoff, Hendricks and Carter LLP to perform the water/wastewater impact fee update and updating the Master Water/Wastewater Plans in an amount not to exceed $131, AW:em Attachment Cc: Mary Smith, Assistant City Manager Jeremy White, Engineer Sarah Hager, Engineer Rick Sherer, Manager of Water/Wastewater File 30 30

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48 CITY OF ROCKWALL, TEXAS MEMORANDUM TO: CC: FROM: Mayor and City Council Rick Crowley, City Manager Brad Griggs, Assistant City Manager Ryan Miller, Director of Planning and Zoning David Gonzales, Senior Planner DATE: June 18, 2018 SUBJECT: MIS ; Reinhardt Elementary School Alternative Tree Mitigation Settle Agremment The applicant, Michael Ramsey of Ramsey Landscape Architects, has submitted a revised treescape plan for Reinhardt Elementary School. It should be noted that a treescape plan was approved in conjunction with the approval of a site plan [SP ] on March 19, At the time of approval of the site plan, the total mitigation balance due was 346-caliper inches. Due to a minor change in the location of the building footprint, this shift has created a necessity to remove additional trees from the site, which has increased the mitigation balance by 142-caliper inches. The total mitigation balance due is 488-caliper inches. The applicant has indicated that they have exhausted every remedy available in order to satisfy the tree mitigation balance -- a) provide additional trees on site, b) petition the Parks and Recreations Department to accept the trees (i.e. 163 three (3)-inch caliper trees), or c) purchase preservation credits equal to 20% of the balance (i.e caliper inches at $100 per caliper inch = $9,760). This option would leave a balance of caliper inches or 130 three (3)-inch caliper trees). Rockwall ISD prefers to settle the total mitigation balance due of 488-caliper inches through an Alternative Tree Mitigation Settlement Agreement by paying into the City s Tree Mitigation Fund the full amount due of $48,800 (i.e. 488-caliper inches x $100 per inch = $48,800). According to Section 7, Alternative Tree Mitigation Settlement Agreement, of Article X, of the Unified Development Code (UDC), the City Council -- upon recommendation from the Planning and Zoning Commission -- may consider an Alternative Tree Mitigation Settlement Agreement where, due to hardship, the applicant is unable to meet the requirements of this article or where it is determined that adherence to the tree mitigation requirements will create a hardship for an applicant. These funds will be deposited in the City s Tree Mitigation Fund and will be used for planting trees in the City s parks, medians, street right-of-ways, or other similar areas as determined by the Parks and Recreation Department. On June 12, 2018 the Planning and Zoning Commission unanimously approved a motion to recommend approval of the Alternative Tree Mitigation Settlement Agreement by a vote of 6 to 0 with one (1) vacancy. Attached to this memo is the applicant s letter of request, the revised treescape plan and landscape plan. The approval of the applicant s request is a discretionary decision for the City Council. MIS : Reinhardt Elementary Tree Mitigation Plan Page 1 City of Rockwall, Texas 48 48

49 RAMSEY LANDSCAPE ARCHITECTS, LLC Landscape Architecture & Construction Management June 6, 2018 David Gonzales City of Rockwall 385 S Goliad Street Rockwall, TX Re: New Reinhardt Elementary School - Case No. SP Dear Mr. Gonzales, Rockwall ISD would prefer to pay off all the remaining existing tree mitigation inches owed for the site in lieu of planting trees elsewhere in the city. We have exhausted our locations for any additional new trees on our site. It is our understanding that since this exceeds the 20% maximum of mitigation pay off allowed, that it will need to go before city council. We would like to be on the June 18 council agenda for this matter. The calculation below is our understanding of the remaining mitigation: Total mitigation inches on site 726 New inches planted on site 196 Preservation credit inches 42 Mitigation inches remaining 488 New trees planted on site makes mitigation pay off $ per inch. 488 Inches x $ = $48,800.00to total pay off required. Sincerely, Ramsey Landscape Architects Michael Ramsey Wishing Well Ct. Frisco, Texas Phone (972) Fax (469)

50 687.86' N 09 31'34" W 17.75' WISHING WELL CT. FRISCO, TEXAS PHONE (972) FAX (469) MIKE.RLA@ATT.NET RAMSEY LANDSCAPE ARCHITECTS, LLC EAST 20' WATER LINE EASEMENT 74.0' ' ' STAFF/VISITOR PARKING ' EXISTING ZONING PROPOSED ZONING USE LOT AREA SF-10 SF-10 PUBLIC ELEMENTARY SCHOOL 304,169 SQ. FT. OR ACRES BUILDING AREA (FLOOR AREA) PROPOSED FIRST FLOOR (UPPER LEVEL) PROPOSED SECOND FLOOR TOTAL BUILDING AREA 64,800 SF 23,200 SF 88,000 SF TOTAL FLOOR AREA (FIRST FLOOR) LOT COVERAGE FLOOR AREA RATIO TOTAL IMPERVIOUS COVERAGE CLASSROOM BUILDING HEIGHT - AREA A 64,800 SF 64,800 SF / 304,169 SF = 21.3% 0.21 : 1 191,432 SF OR ACRES 38'-0" (2 STORY) "MEASURED TO PARAPET" PARKING REQUIREMENTS 28 CLASSROOMS 70 SPACES REQUIRED STUDENTS ( K-6TH) 750 STUDENTS PARKING PROVIDED PARKING ELEMENTARY SCHOOL (9.0' X 20.0') (9.0' X 18.0') HC SPACES 74 SPACES 27 SPACES 5 SPACES 106 SPACES TOTAL PARKING PROVIDED LOT 2 BLOCK I REF. SHEET TS2.1 TREESCAPE TREE CHART ELEMENTARY SCHOOL 49.4' FULLY SPRINKLED BUILDING SOUTH STAFF/VISITOR PARKING N 00 22'17" W E CL A NN 1 PI SE E A TH PH LOT 1 BLOCK A 6.98 ACRES TREESCAPE PLAN HOME ROOM - CLASSROOMS 2.5 PER HOMEROOM CLASSROOMS New Reinhardt Elementary School REINHARDT ELEMENTARY REPLACEMENT SCHOOLROCKWALL SCHOOL ADDITION NO. 2 LOT 1 BLOCK "A" 615 HIGHLAND DRIVE ROCKWALL, TEXAS ' ' (60' R.O.W.) 73.1' HIGHLAND DRIVE 8.0' SITE DATA SUMMARY TABLE LOT 1 BLOCK I 1/2" IRS ' ONLY ONLY WEST DELTA = 18 45'17" RADIUS = ' LENGTH = ' CHORD = ' CH BRG = S09 22'39" E ISSUES/ REVISIONS LOT 15 BLOCK H LOT 6 BLOCK J LOT 5 BLOCK J RE O SH 1 H E RT AS O N PH LOT 4 BLOCK J LOT 3 BLOCK J LOT 2 BLOCK J LOT 1 BLOCK J DATE: 04/02/2018 SCALE: 1"=30' SHEET No. TS1.1 Case No. SP

51 51 Case No. SP ISSUES/ REVISIONS DATE: 04/02/2018 SCALE: 1"=30' SHEET No. TS New Reinhardt Elementary School REINHARDT ELEMENTARY REPLACEMENT SCHOOLROCKWALL SCHOOL ADDITION NO. 2 LOT 1 BLOCK "A" 615 HIGHLAND DRIVE ROCKWALL, TEXAS TREESCAPE CHART RAMSEY LANDSCAPE ARCHITECTS, LLC WISHING WELL CT. FRISCO, TEXAS PHONE (972) FAX (469) MIKE.RLA@ATT.NET

52 EAST ' SITE DATA SUMMARY TABLE N 09 31'34" W 17.75' 20' WATER LINE EASEMENT 43 0 SF-10 SF-10 PUBLIC ELEMENTARY SCHOOL 304,169 SQ. FT. OR ACRES BUILDING AREA (FLOOR AREA) PROPOSED FIRST FLOOR (UPPER LEVEL) PROPOSED SECOND FLOOR TOTAL BUILDING AREA 64,800 SF 23,200 SF 88,000 SF TOTAL FLOOR AREA (FIRST FLOOR) LOT COVERAGE FLOOR AREA RATIO 3 1 EXISTING ZONING PROPOSED ZONING USE LOT AREA 240.0' STAFF/VISITOR PARKING WISHING WELL CT. FRISCO, TEXAS PHONE (972) FAX (469) MIKE.RLA@ATT.NET RAMSEY LANDSCAPE ARCHITECTS, LLC CITY OF ROCKWALL VOLUME 173, PAGE 432 D.R.R.C.T TOTAL IMPERVIOUS COVERAGE CLASSROOM BUILDING HEIGHT - AREA A ,800 SF 64,800 SF / 304,169 SF = 21.3% 0.21 : 1 191,432 SF OR ACRES 38'-0" (2 STORY) "MEASURED TO PARAPET" 28 CLASSROOMS 70 SPACES REQUIRED STUDENTS ( K-6TH) 750 STUDENTS PARKING PROVIDED ' ' (60' R.O.W.) HIGHLAND DRIVE PARKING ELEMENTARY SCHOOL (9.0' X 20.0') (9.0' X 18.0') HC SPACES TOTAL PARKING PROVIDED 74 SPACES 27 SPACES 5 SPACES 106 SPACES REF. SHEET L2.1 FOR LANDSCAPE LEGEND AND LANDSCAPE TABULATIONS LANDSCAPE PLAN HOME ROOM - CLASSROOMS 2.5 PER HOMEROOM CLASSROOMS New Reinhardt Elementary School REINHARDT ELEMENTARY REPLACEMENT SCHOOLROCKWALL SCHOOL ADDITION NO. 2 LOT 1 BLOCK "A" 615 HIGHLAND DRIVE ROCKWALL, TEXAS PARKING REQUIREMENTS LOT 2 BLOCK I ELEMENTARY SCHOOL FULLY SPRINKLED BUILDING SOUTH SEE ENLARGEMENT SHEET L1.2 STAFF/VISITOR PARKING N 00 22'17" W E CL A NN 1 PI SE E A T H PH LOT 1 BLOCK A 6.98 ACRES LOT 1 BLOCK I ISSUES/ REVISIONS OWNER 1/2" IRS ' ONLY ONLY WEST DELTA = 18 45'17" RADIUS = ' LENGTH = ' CHORD = ' CH BRG = S09 22'39" E ROCKWALL I.S.D WILLIAMS STREET ROCKWALL, TEXAS DATE: 04/02/2018 SCALE: 1"=30' SHEET No. LOT 15 BLOCK H LOT 6 BLOCK J LOT 5 BLOCK J RE HO 1 S H E RT AS O N PH LOT 4 BLOCK J LOT 3 BLOCK J LOT 2 BLOCK J L1.1 LOT 1 BLOCK J Case No. SP

53 LOT 5 BLOCK J BLOCK J BLOCK J LOT 6 LOT 2 BLOCK J LOT 1 BLOCK J LOT 3 ONLY ONLY 49.4' ELEMENTARY SCHOOL FULLY SPRINKLED BUILDING 73.1' 8.0' NORTHSHORE PHASE 1 BLOCK J LOT 4 LOT 1 BLOCK A 6.98 ACRES 53 STAFF/VISITOR PARKING RADIUS = ' CHORD = ' DELTA = 18 45'17" LENGTH = ' CH BRG = S09 22'39" E SOUTH ' HIGHLAND DRIVE Case No. SP ISSUES/ REVISIONS DATE: 04/02/2018 SCALE: 1"=20' SHEET No. L New Reinhardt Elementary School REINHARDT ELEMENTARY REPLACEMENT SCHOOLROCKWALL SCHOOL ADDITION NO. 2 LOT 1 BLOCK "A" 615 HIGHLAND DRIVE ROCKWALL, TEXAS LANDSCAPE PLAN ENLARGEMENT RAMSEY LANDSCAPE ARCHITECTS, LLC WISHING WELL CT. FRISCO, TEXAS PHONE (972) FAX (469) MIKE.RLA@ATT.NET

54 FUTURE SOD SUBGRADE FINISHED GRADE TO BE LEVEL WITH PROPOSED PAVEMENT WHEN ON UPSTREAM SIDE. PAVEMENT PAVEMENT SUBGRADE SLOPE SLOPE FINISHED GRADE TO BE 2" BELOW PROPOSED PAVEMENT WHEN ON DOWNSTREAM SIDE OF PAVEMENT. TOP OF SOD WILL BE LEVEL WITH PAVEMENT. FUTURE SOD MIN 0.5% MIN 0.5% 54 Case No. SP ISSUES/ REVISIONS DATE: 04/02/2018 SCALE: AS SHOWN SHEET No. L New Reinhardt Elementary School REINHARDT ELEMENTARY REPLACEMENT SCHOOLROCKWALL SCHOOL ADDITION NO. 2 LOT 1 BLOCK "A" 615 HIGHLAND DRIVE ROCKWALL, TEXAS LANDSCAPE DETAILS RAMSEY LANDSCAPE ARCHITECTS, LLC WISHING WELL CT. FRISCO, TEXAS PHONE (972) FAX (469) MIKE.RLA@ATT.NET

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56 From: To: Cc: Subject: Date: Brent Nalley Cole, Kristy Nalley 269 Lonestar Dr. Royse City, TX Annexation Notice Thursday, June 14, :16:41 PM Kristi, Thank you for taking my call on Friday afternoon. I had been speaking with David Gonzales in your office who had inquired if council would hear my case regarding my annexation to the City of Rockwall. He affirmed that council would hear my case on 6/18/2108 and directed me to you. I am formally submitting this request to you as I would like to have a few minutes of council s time on Monday the 18 th to outline specifics of my cause. I will have supporting documentation to distribute to the group, but the following is a general outline for the necessity of the meeting: There was some miscommunication with the handling of the notice that we received. I am not arguing that I did not receive the notice, however, my wife and I made some poor assumptions as to what was contained in the notice. The annexation of our property, at this point, is not voluntary. We do not wish to fall under the city of Rockwall. o We do not have city water, we pay for RCH water. o We do not have city sewer as we are on septic o We do not have city police. We are covered by Rockwall County Sherriff o We do not have city fire. We are volunteer fire o Most all of the property surrounding has not been annexed or is in McClendon Chisolm. It is very odd that we have been carved out with no services to our benefit o My neighbors filed the appropriate paperwork for extension. In summary, I do not wish to be annexed at this time and it was simply an oversight on our part. This is extremely abnormal and I am formally asking for reconsideration as we have not been officially annexed at this time. Please reach out to me directly should you have any additional questions or concerns Thank you, Brent Nalley 56 56

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58 CITY OF ROCKWALL, TEXAS MEMORANDUM TO: CC: FROM: Mayor and City Council Rick Crowley, City Manager Brad Griggs, Assistant City Manager Ryan Miller, Director of Planning and Zoning DATE: June 18, 2018 SUBJECT: Appointment with Kelcey and Jami Barnes Mr. and Mrs. Barnes have requested an appointment with the City Council for the purpose of discussing an extension of an existing 212 Development Agreement for their property at 721 Hanby Lane. The then owners of the property, John and Mary White, originally entered into this agreement on October 18, In March of 2014, John and Mary White submitted a request to subdivide the property establishing a six (6) acre parcel of land (i.e. Lot 1, Block A, Barnes Estate), which -- per the Rockwall Central Appraisal District -- was conveyed to Mr. and Mrs. Barnes prior to this process on February 10, Per the executed 212 Development Agreement, prior to conveying any portion of any property the owners of the property are required to submit a letter to the City 30-days prior to the sale for the purpose of notifying the City of the new ownership. This was the subject of the meeting in October 2013 that is referenced in the applicant s letter; however, no letter was submitted to the City and the notice of sale was not recorded within the 212 Development Agreement case files. In accordance with the expiration requirements of the 212 Development Agreement, staff sent out a 180-day notice on April 13, 2018 by standard mail and a 150-day second notice on May 3, 2018 to all property owners listed under the original agreement (included in the attached packet are the letters sent to John and Mary White concerning the subject property). Upon review of the ownership information in the area, staff noticed that the subject property had been conveyed to new ownership. In response, staff sent notices to the property via standard mail and certified mail on May 14, 2018 notifying the owners of the City Council meeting and the expiration of their agreement (this letter is included in the attached packet). The certified notice remains unclaimed. At the May 21, 2018 City Council meeting staff briefed the City Council concerning the status of the 212 Development Agreements, and was directed by the City Council to extend all properties that had submitted a letter requesting an extension for a period of three (3) years and annex the remaining two (2) properties. On June 1, 2018, staff sent out letters via certified mail notifying the properties of the City Council s decision. On May 22, 2018, Mr. Barnes came to City Hall inquiring about why his property was being annexed and what services would be made available to him in the future. Staff informed Mr. Barnes of the City Council s decision to annex the property and told him that a service agreement would be extended to him through the annexation process. Mr. Barnes again contacted staff to setup a meeting to discuss the 212 Development Agreement. Staff met with Mr. and Mrs. Barnes on June 13, 2018, and -- upon review of all the documentation -- suggested that they set an appointment with the City Council to request that they be allowed to extend their 212 Development Agreement for a period of three (3) years (i.e. the same extension offered to other property owners under the agreement). Staff also contacted the City Attorney to make sure that proper procedure was followed and that the City Council acted within its power concerning the agreement. The City Attorney has reassured 58 58

59 staff that the City is within its rights to annex the property in accordance with the terms of the original agreement, and that any annexation would be voluntary. In the attached packet staff has included copies of the letters sent to John and Mary White and to Mr. and Mrs. Barnes. In addition, a copy of the original agreement has been provided for City Council s review. Should the City Council have any questions concerning this case staff will be available at the June 18, 2018 meeting to discuss

60 June 13, 2018 City of Rockwall 385 S Goliad Street Rockwall, Texas Re: A : Extension of 212 Development Agreement Tract: Barnes Estate, block A, Lot 1, Acres 6.00 To Whom It May Concern: We would like to request to be added to the agenda for the City Council meeting on 6/18/18 in order to request an extension our 212 Development Agreement for Barnes Estate, block A, Lot 1. We feel that we were removed in error. John and Ginger White spoke with Robert LaCroix and Ryan Miller in person, in the conference room in the basement of the City Hall, in October 2013 to request approval for Kelcey and Jami Barnes (Daughter and son-in-law) to build a single-family home and not to affect the 212 agreement. Robert approved for the home to be built on the property without affecting the 212 agreement. On 5/18/18 we received the letter regarding the extension of our 212 agreement. Being that it was late notice on Friday evening, we were until to get off work until Tuesday. Kelcey went up to City Hall on Tuesday, 5/22/18 to discuss the letter. He was directed to Ryan Miller which told him that the meeting was last night, and it was already decided that we were annexed. On 6/5/18 we received another letter stating that 721 Hanby Lane was annexed due to not meeting the 212 agreement. However, we thought that we had done everything that was asked of us plus John and Ginger White had done everything that they were instructed to do. John and Ginger White received their letter to renew their 212 agreement in April and submitted the appropriate letter for an extension. On 6/8/18, they received their approval letter in the mail. However, we were not notified of the extension until 5/18/18. Please consider allowing us to extend our 212 agreement due to inefficient notification. Sincerely, Kelcey and Jami Barnes 60 60

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69 April 13, 2018 ATTN: John R. & Mary V. White 636 Hanby Lane Rockwall, TX RE: A ; Extension of 212 Development Agreement for property that is generally contiguous with the City of Rockwall s city limits line and being described as follows: Tract 13-2 of the W. W. Ford Survey, Abstract No. 80, Acres (PT of AC TR) Dear Property Owner: On October 18, 2013 (i.e. the effective date), the City of Rockwall entered into a 212 Development Agreement (Case No. A ) with you as authorized by the Texas Local Government Code. The term of this agreement was for five (5) years expiring on October 18, Effectively, the 212 Development Agreement -- in accordance with Section 212 of the Texas Local Government Code -- allows a property owner to request an extension or termination of this agreement prior to its expiration and under the following terms: Section 12. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the 'Term'). The Effective Date of the agreement shall be the date the agreement is executed by the City. Within 180 days prior to end of the Term of the agreement, the City shall notify the Owner(s) in writing that the agreement is due to expire. If the owner(s) desire to extend the operation of this agreement beyond its initial term, the owner(s), at least 150 days prior to the end of the initial term, shall submit a written request to the City for such extension (i.e. Extension Request). The City, will at least 90 days prior to the end of the term notify owners in writing, delivered by certified mail, with respect to its decision whether to extend the agreement for an additional term (referred to as a Subsequent Term ). In the event such written notice from the City of its decision is not received by the owner(s) at least 90 days prior to the end of that term such extension request is deemed granted and this agreement continues for another subsequent term. In addition, according to the agreement: Section 13. Termination. The Owner(s) shall be deemed to have filed a petition for voluntary annexation as of the end of the Term of this agreement. Any annexation proceedings pursuant to this section shall be commenced within thirty-one (31) days after the end of the Term. If the owner(s) does not provide an extension request pursuant to Section 12, or upon a written decision by the City not to extend the term of this agreement for a subsequent term following the term, then owner(s) shall be deemed to have filed a petition for voluntary annexation as of the end of the term of this agreement. If the owner(s) submitted an extension request, then a notice pursuant to Section 13 by the City stating that it has decided not to extend the term of this agreement shall also include a notification whether it intends -- subject to the procedures required by law -- to accept the petition for voluntary annexation. If owner(s) did not submit an extension request then the City, at least 90 days prior to the end of the initial term, shall provide a written notification to owner(s), by certified mail, whether it intends -- subject to the procedures required by law -- to accept the petition for voluntary annexation. Any annexation proceedings pursuant to this section shall be commenced within 31 days after the end of the term. City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

70 If you intend to submit an Extension Request, the written request must be received by the City no later than May 21, which is 150 days prior to the end of term -- to be considered by the City Council. If you have already submitted a request for extension, please disregard this requirement. All extension requests should be submitted to the City of Rockwall Planning Department at 385 South Goliad Street, Rockwall, Texas, If you have any specific questions about your options under this procedure please feel free to contact the Planning Department staff at (972) Sincerely, Ryan Miller, AICP Director of Planning and Zoning City of Rockwall CC: Planning Department City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

71 212 Development Agreement Area: City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

72 May 14, 2018 ATTN: Kelcey L. and Jami B. Barnes 721 Hanby Lane Rockwall, TX RE: A ; Extension of 212 Development Agreement for property that is generally contiguous with the City of Rockwall s city limits line and being described as follows: Barnes Estate, Block A, Lot 1, Acres Dear Property Owner: On October 18, 2013 (i.e. the effective date), the City of Rockwall entered into a 212 Development Agreement (Case No. A ) with the former property owner(s), John and Mary White, as authorized by the Texas Local Government Code. The term of this agreement was for five (5) years expiring on October 18, Effectively, the 212 Development Agreement -- in accordance with Section 212 of the Texas Local Government Code -- allows a property owner to request an extension or termination of this agreement prior to its expiration and under the following terms: Section 12. Term and Extension. The initial term of this Agreement shall be for a period of five (5) years from the Effective Date (the 'Term'). The Effective Date of the agreement shall be the date the agreement is executed by the City. Within 180 days prior to end of the Term of the agreement, the City shall notify the Owner(s) in writing that the agreement is due to expire. If the owner(s) desire to extend the operation of this agreement beyond its initial term, the owner(s), at least 150 days prior to the end of the initial term, shall submit a written request to the City for such extension (i.e. Extension Request). The City, will at least 90 days prior to the end of the term notify owners in writing, delivered by certified mail, with respect to its decision whether to extend the agreement for an additional term (referred to as a Subsequent Term ). In the event such written notice from the City of its decision is not received by the owner(s) at least 90 days prior to the end of that term such extension request is deemed granted and this agreement continues for another subsequent term. In addition, according to the agreement: Section 13. Termination. The Owner(s) shall be deemed to have filed a petition for voluntary annexation as of the end of the Term of this agreement. Any annexation proceedings pursuant to this section shall be commenced within thirty-one (31) days after the end of the Term. If the owner(s) does not provide an extension request pursuant to Section 12, or upon a written decision by the City not to extend the term of this agreement for a subsequent term following the term, then owner(s) shall be deemed to have filed a petition for voluntary annexation as of the end of the term of this agreement. If the owner(s) submitted an extension request, then a notice pursuant to Section 13 by the City stating that it has decided not to extend the term of this agreement shall also include a notification whether it intends -- subject to the procedures required by law -- to accept the petition for voluntary annexation. If owner(s) did not submit an extension request then the City, at least 90 days prior to the end of the initial term, shall provide a written notification to owner(s), by certified mail, whether it intends -- subject to the procedures required by law -- to accept the petition for voluntary annexation. Any annexation proceedings pursuant to this section shall be commenced within 31 days after the end of the term. City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

73 If you intend to submit an Extension Request, the written request must be received by the City no later than May 21, which is 150 days prior to the end of term -- to be considered by the City Council. If you have already submitted a request for extension, please disregard this requirement. All extension requests should be submitted to the City of Rockwall Planning Department at 385 South Goliad Street, Rockwall, Texas, If you have any specific questions about your options under this procedure please feel free to contact the Planning Department staff at (972) Sincerely, Ryan Miller, AICP Director of Planning and Zoning City of Rockwall CC: Planning Department City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

74 212 Development Agreement Area: City of Rockwall, Texas 385 South Goliad Street Rockwall, TX (972)

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77 MEMORANDUM TO: FROM: Honorable Mayor and City Council Members Kristy Cole, City Secretary / Assistant to the City Manager DATE: June 13, 2018 SUBJECT: Colleen Vick Appt. Item Mrs. Vick has requested an appointment item with City Council to discuss concerns related to the Summit Ridge / S. Lakeshore Drive reconstruction project. This is a follow-up appointment from the May 7, 2018 city council meeting

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79 AGENDA DATE: 06/18/2018 CITY OF ROCKWALL CITY COUNCIL MEMO APPLICANTS: AGENDA ITEM: Tara Migneault Z /H ; Zoning Change (SF-7 to RO) SUMMARY: Hold a public hearing to discuss and consider a request by Tara Migneault for the approval of a zoning change from a Single Family 7 (SF-7) District to a Residential Office (RO) District on a 0.50-acre parcel of land identified as Block 79, B. F. Boydston Addition, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, situated within the Historic Overlay (HOV) District, identified as a Local Landmarked Property, addressed as 506 Barnes Street, and take any action necessary. BACKGROUND INFORMATION AND PURPOSE: The applicant is requesting the Planning and Zoning Commission consider a request to recommend approval of a change in zoning from a Single-Family 7 (SF-7) District to a Residential Office (RO) District for the purpose of converting an ~1,640 SF single-family residential home into a residential-office building for the operation of a property management company. The property is identified as a Local Landmark property known as the Underwood House, constructed in 1905, and is situated within the Historic Overlay (HOV) District. The subject property was annexed prior to 1959, situated on a 0.59-acre parcel of land, zoned Single-Family 7 (SF-7) District, and is addressed as 506 Barnes Street. On May 17, 2018, the Historic Preservation Advisory Board (HPAB) reviewed the applicant s request [H ] and recommended denial of the zoning change. In this case, the Historic Preservation Advisory Board is a recommending body for zoning changes within the Historic Overlay (HOV) District, and approval of this request is a discretionary decision for the City Council pending a recommendation from the Planning and Zoning Commission. ADJACENT LAND USES AND ACCESS: The land uses adjacent to the subject property are as follows: North: Directly north of the subject property is a single-family home zoned Single-Family 7 (SF-7) District. Beyond this is Storrs Street followed by a vacant tract of land. This area is zoned Downtown (DT) District. South: Directly south of the subject property is a single-family home that is a Local Landmark [i.e. the Jordan House]. Beyond this is St. Mary s Street. This area is zoned Single- Family 7 (SF-7) District. East: West: Directly east of the subject property is the Rockwall Nursing Center, which is zoned Multi-Family 14 (MF-14) District. Beyond this is S. Fannin Street followed by a tract of land that contains duplexes. This area is zoned Two-Family (2-F) District. Directly west of the subject property is an office building [The White Law Firm] that is zoned General Retail (GR) District. Beyond this is S. Goliad Street [SH-205] followed by a shopping center

80 UNIFIED DEVELOPMENT CODE: According to the purpose statements stipulated in Section 4.2, Residential Office (RO) District, of Article V, District Development Standards, of the Unified Development Code (UDC), the Residential Office (RO) District is for low intensity office development providing professional, medical and other office services and to allow existing residential houses to be converted from single-family and two-family residences to low-intensity office uses in order to extend the economic life of these structures. The following is a summary of the minimum development standards for a property within a Residential Office (RO) District: Ordinance Provisions Zoning District Standards Minimum Lot Area 6,000 SF Minimum Lot Width 60-Feet Minimum Lot Depth 100-Feet Minimum Front Yard Setback 25-Feet Minimum Rear Yard Setback 30-Feet Minimum Side Yard Setback 10-Feet Minimum Side Yard Setback Adjacent to Residential 20-Feet Maximum Height 36-Feet Max Lot Coverage 40% Minimum Masonry Requirement 90% Floor Area Ratio 0.33 Minimum Landscaping Percentage 20% Maximum Impervious Coverage 85-90% CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Future Land Use Map, adopted with the Comprehensive Plan, designates the subject property for Medium Density Residential land uses. Should the City Council approve the applicant s request, staff has included a condition of approval that would amend the Future Land Use Map to reflect the proposed change in land use from a Medium Density Residential designation to a Commercial designation. STAFF ANALYSIS: When analyzing the applicant s request (i.e. to convert an existing single-family home to a property management office), the Residential Office (RO) District is an appropriate zoning district for the proposed use; however, in this case, there is a single-family home to the north and a single-family home to the south of the subject property. Additionally, the applicant has stated that she does not intend to change the exterior of the structure and will maintain the historic architectural features presented on the façade of the subject property; however, since the applicant is proposing to convert the existing home from a single-family land use to a general office land use, the applicant is required to construct a parking lot to accommodate the required parking [i.e. six (6) parking spaces] and to provide screening for any adjacent residential property. Should this request be approved, the applicant would be required to submit a site plan showing the required parking and screening. Additionally, any modifications to the exterior of the structure would require approval from the Historic Preservation Advisory Board (HPAB). NOTIFICATION: On May 29, 2018, staff mailed 103 notices to property owners and residents within 500-feet of the subject property. Additionally, staff has notified the Bent Creek Condos and Stonebridge Meadows Homeowner s Associations, which are the only HOA s/neighborhood Associations within 1,500-feet of the subject property participating in the Neighborhood Notification Program. Staff also advertised the public hearings in the Rockwall Harold Banner as required by the 80 80

81 Unified Development Code (UDC). At the time this case memo was drafted staff had received three (3) and two (2) s in favor of the request. RECOMMENDATIONS: Should the City Council approve the change in zoning, staff would recommend the following conditions of approval: 1) By approving this zoning change, the City Council will effectively be approving changes to the Comprehensive Plan and Future Land Use Map. Specifically, this will change the designation of the subject property from a Medium Density Residential designation to a Commercial designation; 2) A site plan shall be required to be approved by the Historic Preservation Advisory Board (HPAB); 3) Any exterior modifications to the structure shall require a Certificate of Appropriateness (COA) from the Historic Preservation Advisory Board (HPAB); and, 4) Any construction or building necessary to complete this change in zoning request must conform to the requirements set forth by the UDC, the International Building Code, the Rockwall Municipal Code of Ordinances, city adopted engineering and fire codes and with all other applicable regulatory requirements administered and/or enforced by the state and federal government. HISTORIC PRESERVATION ADVISORY BOARD: On May 17, 2018, the Historic Preservation Advisory Board s motion to recommend denial of the zoning change passed by a vote of 7-0. PLANNING AND ZONING COMMISSION: On June 12, 2018, the Planning and Zoning Commission approved a motion to recommend denial of the zoning change by a vote of 6-0, with one (1) vacant seat. According to Section 8.4, Protest of Proposed Change in Zoning, of Article II, Authority and Administrative Procedures, of the Unified Development Code (UDC), (i)f such change [zoning change] is recommended for denial by the Planning and Zoning Commission, such change in zoning shall require a favorable vote of three-fourths [¾] of all eligible members of the Council

82 BARNES Feet Z BARNES STREET (SF-7 to RO) ZONING - LOCATION MAP = DT GOLIAD STORRS SF-7 MF-14 GR ST MARYS R-O PD-21 City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. 82 I 82

83 ALEXANDER ROBIN RIDGEVIEW RIDGEVIEW SECOND FIRST WHITTLE ALAMO ALAMO GOLIAD GOLIAD SAM HOUSTON FANNIN ROBIN THROCKMORTON BARNES DAVY CROCKETT SAN AUGUSTINE BOST STAR PETERS COLONY ALAMO LAMAR GOLIAD GOLIAD TYLER SHERMAN CLARK CLARK FANNIN BOST STAR LAMAR TYLER NASH City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I Feet ,200 RUSK SAN JACINTO SAN ANTONIO RUSK WASHINGTON HOUSTON DENISON HARTMAN MUNSON Stonebridge Meadows LAKE MEADOWS Bent Creek Condos RIDGEVIEW KENWAY STORRS SHERMAN ROGERS SHORETRAIL ST MARYS ST MARYS SHOREVIEW BOYDSTUN Legend ROSS Southside Residential Neighborhood Subject Property 1500' Buffer Rockwall HOAs FOREST TRACE BOURN LAMAR Case Number: Case Name: Case Type: Zoning: Case Address: Z Zoning Change (SF-7 to RO) Zoning SF Barnes Street Vicinity Map LAKE MEADOWS SHORETRAIL KENWAY STORRS ST MARYS DENISON SHERMAN SHOREVIEW BOYDSTUN SHERMAN Date Created: 05/23/2018 For Questions on this Case Call (972) ROSS 83

84 From: To: Cc: Subject: Date: Attachments: Morales, Laura Miller, Ryan; Gonzales, David; Brooks, Korey Neighborhood Notification Program: Notice of zoning request Friday, May 25, :01:14 PM Z HOA Map.pdf To whom it may concern: Per your participation in the Neighborhood Notification Program, you are receiving this notification to inform your organization and residents of a request for a zoning change that lies within 1,500 feet of the boundaries of your neighborhood or subdivision. As the primary contact for the organization, you are encouraged to share this information with the residents of your subdivision. Please find attached a map detailing the location of the subject property requesting the zoning change in relation to your subdivision boundaries. Additionally, below is a summary of the zoning request that was published in the Rockwall Herald Banner May 25, The Planning and Zoning Commission will hold a public hearing on Tuesday 6/12/2018 at 6:00 p.m., and the City Council will hold a public hearing on Monday, 6/18/2018 at 6:00 p.m. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. If you have any questions or comments regarding this request, the contact information for the Planning Department is listed below. Additional information can also be found at Z Hold a public hearing to discuss and consider a request by Tara Migneault for the approval of a zoning change from a Single Family 7 (SF-7) District to a Residential Office (RO) District on a 0.50-acre parcel of land identified as Block 79, B. F. Boydston Addition, City of Rockwall, Rockwall County, Texas, zoned Single Family 7 (SF-7) District, situated within the Historic Overlay (HOV) District, identified as a Local Landmarked Property, addressed as 506 Barnes Street, and take any action necessary. If this is reaching you in error, please forward it to your HOA or neighborhood group representative and update the contact information at Sincerely, Laura Morales Planning & Zoning Coordinator City of Rockwall Planning & Zoning Department Lmorales@rockwall.com

85 ALAMO WHITTLE ALAMO GOLIAD GOLIAD BOST FANNIN BARNES ST BARNES STAR TYLER ST TYLER City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I Feet SHOREVIEW RIDGEVIEW RIDGEVIEW LAKE MEADOWS KENWAY FIRST ROGERS SAN JACINTO STORRS HOUSTON WASHINGTON C 402A 402-D 402B 404-B 404-A 404-C 404-D 406-A 406B 406D 406C 408A 408B 408C 408-D & & & / , A 504, Legend Subject Property 500' Buffer 606 Notified Properties BOYDSTUN DENISON MUNSON ST MARYS Case Number: Case Name: Z Zoning Change (SF-7 to RO) Case Type: Zoning Zoning: SF-7 Case Address: 506 Barnes Street Date Created: 5/23/2018 For Questions on this Case Call (972) Vicinity Map W RUSK ST LAKE MEADOWS DR SHORETRAIL DR SHOREVIEW DR W KAUFMAN ST W WASHINGTON ST KENWAY DR W BOYDSTUN AVE S GOLIAD ST S FANNIN ST E KAUFMAN ST E RUSK ST E WASHINGTON ST STORRS ST E BOYDSTUN AVE 85 S CLARK ST HARTMAN ST RENFRO ST

86 CURRENT RESIDENT 100 LAKE MEADOWS CURRENT RESIDENT 103 KENWAY DR CURRENT RESIDENT 105 KENWAY DR CURRENT RESIDENT 107 KENWAY DR CURRENT RESIDENT 109 KENWAY DR CURRENT RESIDENT 111 KENWAY DR CURRENT RESIDENT 117 KENWAY DR CURRENT RESIDENT 119 KENWAY DR CURRENT RESIDENT 121 KENWAY DR CURRENT RESIDENT 123 KENWAY DR CURRENT RESIDENT 127 KENWAY DR CURRENT RESIDENT 102 KENWAY DR ALBRIGHT & HILL PROPERTIES LLC 105 SAINT MARY ST #100 CURRENT RESIDENT 106 ST MARY SPRAGUE CHRIS AND IVONNE 109 ST MARYS ST ST MATTHIAS OLD CATHOLIC CHURCH 116 KENWAY ST HEATH RENTAL PROPERTIES LLC 1309 MORAINE PLACE HEATH, TX BALL JUSTIN D 1370 FAIRLAKES POINTE COLLINS KIMBERLY B -MCCREA 1401 VISTA VERDE ST DENTON, TX PRITCHARD GARY W & DONNA C 1610 SHORES BLVD PLISKA KAREN 1685 PLUMMER DR SWAFFORD STEPHEN 1829 KELLY LN CURRENT RESIDENT 201 STORRS ST RICKARDS NATALIE 202 ST MARY'S PL MOORE GLEN & JACKIE 2026 SUNNY CIR ROCKWALL, TX FALONE MARY ELLEN 204 ST MARYS PL NBN COMMERCIAL GROUP LLC 2040 N BELT LINE RD STE 400 MESQUITE, TX CURRENT RESIDENT 205 ST MARYS PL MORKEN PETER & GAY ANDERSON GILMA L MORKEN LIFE ESTATE 206 SAINT MARYS PL CAMPBELL W E C/O RW SCC, LLC 206 STORRS ST 86 86

87 CURRENT RESIDENT 208 ST MARYS PL CURRENT RESIDENT 210 ST MARYS PL HARRIS RICHARD 210 GLENN AVE COLLICHIO KIMBERLY ANN 210 RAINBOW CIR ROCKWALL, TX CURRENT RESIDENT 212 ST MARYS PL BECERRA LUPE A 214 SAINT MARYS PL CURRENT RESIDENT 216 ST MARYS PL CURRENT RESIDENT 218 ST MARYS PL CURRENT RESIDENT 219 ST MARYS PL MCGEE DWONE 220 ST MARYS PL CURRENT RESIDENT 221 ST MARYS PL THOMPSON MAVIS Y 222 ST MARYS PLACE CANTRELL KAREN DEE 2223 W FM 455 ANNA, TX CURRENT RESIDENT 223 ST MARYS PL SPAMPINATO MICHELE AND KACI D 300 MUNSON ST CLARK TROY & JANICE 3025 N GOLIAD ST MCKINNEY TERRY W & LINDA A 308 MUNSON ST HAMANN BRENT 315 ROLLIN MEADOWS CIRCLE CULLINS JAMES & SHARON DAY 315 S FANNIN DAY SHARON K 315 S FANNIN DAVIS LISA M 402 S GOLIAD ST IVIE VIRGINIA 404 S FANNIN ST APT A DUFRAINE JANET 404 S FANNIN ST APT C DAVIS BEVERLY 404 SOUTH FANNIN STREET D CURRENT RESIDENT 404-B S FANNIN ST ESTES NOLAN 406 STARR ST CURRENT RESIDENT 406-A S FANNIN ST CURRENT RESIDENT 406B S FANNIN ST CURRENT RESIDENT 406C S FANNIN ST CURRENT RESIDENT 406D S FANNIN ST 87 87

88 CURRENT RESIDENT 407 S FANNIN ST CURRENT RESIDENT 407 S GOLIAD WANDERER KATHY L 408 S FANNIN ST APT D CURRENT RESIDENT 408 S GOLIAD CURRENT RESIDENT 408A S FANNIN ST CURRENT RESIDENT 408B S FANNIN ST CURRENT RESIDENT 408C S FANNIN ST MARLOW SHIRLEY A 409 S FANNIN ST CURRENT RESIDENT 410 S FANNIN ST CURRENT RESIDENT 411 S FANNIN ST CONFIDENTIAL 4595 E FM 552 CURRENT RESIDENT 501 S FANNIN ST RIDDELL SHANNON MCCORD 501 S GOLIAD SAINT JOSEPH BUILDING LLC 503 SOUTH GOLIAD MERRITT CRAIG 504 BARNES ST VELEZ HENRRY AND CEDYS 505 S FANNIN ST FOR HIS GLORY MANAGEMENT LLC 506 BARNES ST SALINAS ANTONIO & ELISA 507 S FANNIN ST CURRENT RESIDENT 509A S FANNIN ST HEAD TIM 510 MARIPOSA CURRENT RESIDENT 511 S FANNIN ST CURRENT RESIDENT 517 S FANNIN ST DOLAN JOHNNY O & VICKI L 555 RS COUNTY ROAD 1278 EMORY, TX ROCKWALL NH REALTY LTD 600 N PEARL ST STE 1100 DALLAS, TX CURRENT RESIDENT 601 S FANNIN ST CURRENT RESIDENT 602 S GOLIAD CURRENT RESIDENT 603 S FANNIN ST CURRENT RESIDENT 603 S GOLIAD CURRENT RESIDENT 605 S FANNIN ST CURRENT RESIDENT 607 S FANNIN ST 88 88

89 CURRENT RESIDENT 607 S GOLIAD CURRENT RESIDENT 609 S FANNIN ST CURRENT RESIDENT 609 S GOLIAD FIRST BAPTIST CHURCH OF ROCKWALL 610 S GOLIAD ST BECKER CHRISTOPHER 7809 STONEHAVEN LN ROWLETT, TX WAY FAMILY MANAGEMENT LLC 8441 S FM 549 ROCKWALL, TX HORTON DARJUAN CORTEZ AND NATALIE 8614 SCOONER ST ROWLETT, TX GREEN MAUREEN & MICKEY R 945 BREEZY HILL LN SLAUGHTER RICHARD E JR PO BOX 1717 PEOPLES BILLY W SR PO BOX 35 PEOPLES BILLY W PO BOX 35 ROCKWALL ROTARY FOUNDATION PO BOX 446 UNITED STATES POSTAL SERVICES PO BOX DALLAS, TX

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93 From: Planning To: Brooks, Korey Subject: FW: Case number: Z Date: Friday, June 01, :18:42 PM From: Head, Katherine Sent: Friday, June 01, :04 PM To: Planning Cc: Head, Timothy C Subject: Case number: Z Case number: Z Case name: Zoning Change (SF-7 to RO) Case type: Zoning Zoning: SF-7 Case address: 506 Barnes St We are in favor of the request. We are hopeful that our property will be zoned commercial in the futre, as well. Thank you, Tim and Kate Head 609 S Fannin St. Rockwall, TX Kate Head Field Sales Rep DFW/Northeast Texas BURNDY Confidentiality Requirement: This communication, including any attachment(s), may contain confidential information and is for the sole use of the intended recipient(s). If you are not the intended recipient, you are hereby notified that you have received this communication in error and any unauthorized review, use, disclosure, dissemination, distribution or copying of it or its contents is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone or and destroy all copies of this communication and any attachments

94 Gonzales, David From: Sent: To: Subject: Planning Friday, May 18, :06 AM Gonzales, David FW: Case no. H /Z :506 Barnes st. From: Mchoinc Sent: Friday, May 18, :19 AM To: Miller, Ryan; Planning Subject: Case no. H /Z :506 Barnes st. To whom it may concern : My name is Craig Merritt l own and reside at 504 Barnes st. I am writing this in regards to the zoning request change at 506 Barnes st. I am totally in favor of this request being granted. My house is directly adjacent to the north of property in question. As an operating business that has been there for numerous years with no complaints from me they have been great neighbors. Neighbors that I have never met nor do I even know their names. Neighbors that have maintained and kept looking nice the grounds and structures on property (probably more so than a renter or even a personal homeowner would have ). To my north is the convenience store complex with Napolis restaurant in it. To my west is Jour Salon also great neighbors. Southwest of me is Law office and to the east is the Nursing home, as you can see I am surrounded by all types of zoning and have no complaints whatsoever. I would encourage you to consider that Lil Old Rockwall is not that anymore and never will be again. I have lived in Rockwall for 56 years and truly know what old Rockwall is or was. I as well as many others use and appreciate all the businesses that this growth has brought. I would discourage you from falling for a lot of the rhetoric and negativity that the old town neighborhood association is presenting with the Commercial Creep phrase they like to use. I have known for many years and highly respect Mrs Carol Crow but totally disagree with the stance she chooses to take on All Zoning changes that take place in or around the downtown area. In conclusion thanks for your public service in keeping our great city moving forward and staying current in the trends of our society. Thanks Craig Merritt

95 From: To: Subject: Date: Tara Migneault Brooks, Korey 506 Barnes Friday, May 11, :28:20 PM My husband who recently passed away on April 5th 2018 started when Migneault Properties over 25 years ago and purchased 506 Barnes over 15 years ago to run the business. 15 years ago the city told him that he couldn't put a sign out and he couldn't have visitors coming in and out of the property since it was zoned residential and of course my husband would do anything to follow the law and there has been no issue. When he first purchased the property it was appraised as commercial and there was never any issue with the business being ran out of there until this year. My husband has done an amazing job keeping the house looking beautiful and there has never been incoming traffic...all we ask is that you would allow us to continue doing business so please allow us to rezone it commercial so we can move forward. Thank you Tara Migneault God Bless You 95 95

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98 Rural & Animal-Related Agricultural Uses on Un-Platted Land Urban Agriculture-Community Garden 1 Urban Agriculture-Urban Farm 1 Residential & Lodging Accessory Building 1 Bed & Breakfast Operation 1 Convent or Monastery Garage Home Occupation 1 Residential Care Facility Single Family, Detached 1 Single Family, Zero Lot Line 1 Swimming Pool, Private Tennis Court Private Townhouse Institutional & Community Service Assisted Living Facility 1 Convalescent Care Facility/Nursing Home 1 Congregate Care Facility/Elderly Housing 1 Day Care (7 or More Children) 1 Group or Community Home 1 Halfway House 1 Library, Art Gallery or Museum (Public) Office & Professional Office, General Office Building, less than 5,000 Sq. Ft. Office Building, 5,000 Sq. Ft. or more Recreation, Entertainment & Amusement Fund Raising Events by Non-Profit, Indoor or Outdoor, Temporary 1 Retail & Personal Services Astrologer, Hypnotist, or Psychic Art and Science General Retail Store Hair Salon, Manicurist Massage Therapist Museum or Art Gallery (Private) Restaurant, Less than 2000 Sq. Ft., w/o Drive-Thru or Drive-in Studio - Art, Photography or Music Commercial & Business Services Shoe and Boot Repair and Sales Utilities, Communications & Transportation Antenna, Accessory 1 Antenna, Commercial 1 Antenna, Amateur Radio 1 Antenna, Dish 1 P S s P P P A P S P P A S P P P S S P S P P P S P P S S P P S P S P S A A 98 98

99 Utilities (Non-municipally Owned or Controlled), Including Sanitary Landfill, Water Treatment and Supply, and Wastewater Treatment Municipally Owned or Controlled Facilities, Utilities and Uses Private Streets Railroad Yard or Shop Satellite Dish 1 Solar Energy Collector Panels and Systems 1 Transit Passenger Facility Utilities Holding a Franchise From City of Rockwall Utility Installation, Other Than Listed Utility/Transmission Lines Wireless Communication Tower S P S S P P S S S S S 99 99

100 CITY OF ROCKWALL ORDINANCE NO. 18-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO ] OF THE CITY OF ROCKWALL, AS HERETOFORE AMENDED, SO AS TO APPROVE A CHANGE IN ZONING FROM A SINGLE FAMILY 7 (SF-7) DISTRICT TO A RESIDENTIAL OFFICE (RO) DISTRICT ON A 0.50-ACRE TRACT OF LAND IDENTIFIED AS BLOCK 79, B. F. BOYDSTON ADDITION, CITY OF ROCKWALL, ROCKWALL COUNTY, TEXAS, ADDRESSED AS 506 BARNES STREET AND BEING MORE SPECIFICALLY DEPICTED 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. WHEREAS, the City has received a request from Tara Migneault for a change in zoning from a Single Family 7 (SF-7) District to a Residential Office (RO) District on a 0.50-acre tract of land identified as Block 79, B. F. Boydston Addition, City of Rockwall, Rockwall County, Texas, zoned Single-Family 7 (SF-7) District, identified as a Local Landmark Property, situated within the Historic Overlay (HOV) District, addressed as 506 Barnes Street and more fully depicted 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 ] should be amended as follows: DRAFT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS: SECTION 1. That the Unified Development Code [Ordinance No ] of the City of Rockwall, Texas, as heretofore amended, be and the same are hereby amended by amending the zoning map of the City of Rockwall so as to change the zoning of the Subject Property from a Single Family 7 (SF-7) District to a Residential Office (RO) District; and SECTION 2. That the Subject Property shall be used only in the manner and for the purposes provided for a Residential Office (RO) District as stipulated in Section 1.1, Use of Land and Buildings, of Article IV, Permissible Uses and Section 4.2, Residential Office (RO) District, of Article V, District Development Standards, of the Unified Development Code [Ordinance No ] of the City of Rockwall as heretofore amended, as amended herein by granting of this zoning change, and as maybe amended in the future; ORDINANCE

101 SECTION 3. That the official zoning map of the City be corrected to reflect the changes in the zoning described herein. SECTION 4. 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 offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. 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 of the City of Rockwall, Texas, 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 6. That all ordinances of the City of Rockwall in conflict with the provisions of this ordinance be and the same are hereby repealed, and all other ordinances of the City of Rockwall not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 7. 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 2 ND DAY OF JULY, ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank J. Garza, City Attorney 1 st Reading: June 18, nd Reading: July 2, 2018 DRAFT Jim Pruitt, Mayor ORDINANCE

102 Address: 506 Barnes Street Legal Description: Block 79, B. F. Boydston Addition DRAFT ORDINANCE

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104 AGENDA DATE: 06/18/2018 CITY OF ROCKWALL CITY COUNCIL MEMO APPLICANT: AGENDA ITEM: John Abbott Z ; SUP for Private School SUMMARY: Hold a public hearing to discuss and consider a request by John Abbott for the approval of a Specific Use Permit (SUP) for a Private School in the Downtown (DT) District on a acre parcel of land identified as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas, zoned Downtown (DT) District, addressed as 306 E. Rusk Street, and take any action necessary. PURPOSE AND CHARACTERISTICS OF THE REQUEST: The subject property is a acre parcel of land identified as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas. The applicant is requesting approval of a Specific Use Permit (SUP) for the purpose of relocating and operating a private school [i.e. Providence Academy] in an existing church on the subject property. According to the applicant, the private school will have approximately 80 students enrolled with grades K - 5 th meeting on Monday and Wednesday and grades 6 th 8 th meeting on Monday, Wednesday, and Friday. The applicant is proposing to provide circulation for drop-off and pickup via public right-of-way and public parking lots. According to the applicant, the hours of operation will be Monday-Friday from 8:45 a.m. to 3:45 p.m. According to Table 3, Parking Requirement Schedule, of Section 6.5, Off-Street Loading Requirements, of Article VI, Parking and Loading, of the Unified Development Code (UDC) a private school shall provide parking in the ratio of one (1) parking space per 25 students. In this case, the subject property does not have any parking belonging to the property owner; however, there are public parking spaces adjacent to the church. According to Subsection 2.A.II, Parking Reductions, of Section 4.8, Downtown (DT) District, of Article V, District Development Standards, of the Unified Development Code (UDC), on-street public parking which is directly in front of the development site may be counted toward the parking requirement (i.e. four (4) parking spaces) for properties located within the Downtown Core. In this case, there are 26 parking spaces in front of the development which meets the parking requirement as stipulated in the Unified Development Code (UDC) for properties located within the Downtown Core. Section 2.1.3, Institutional and Community Service Use Conditions, of Article IV, Permissible Uses, of the Unified Development Code (UDC), states that a primary public or private school must provide adequate drop-off areas so as not to unnecessarily impede street traffic. In this case, the applicant has provided a parking and drop-off/pickup plan that shows staggered queuing in the right-of-way of San Augustine and along E. Rusk Street, utilizing the public parking spaces for one (1) group of students, and along E. Washington Street and S. Fannin Street that terminates in the public parking lot south of the church for a second group of students. Additionally, the applicant is proposing to utilize 12 public spaces for staff. Staff should note, that since the parking spaces along San Augustine and south of the church are public parking spaces, there is a possibility that they will be unavailable for staff parking and/or drop-off and pickup since they are public parking spaces. In addition, since the proposed loading spaces are within public right of way and in a public parking lot that they could restrict the flow of traffic during drop-off and pickup times. Alternatively, the drop-off and pickup circulation could impede the public s ability to park in those parking spaces. Since the proposed concept plan includes utilizing public parking as a loading zone and to meet the necessary parking requirement, this is a discretionary decision for the Planning and Zoning Commission and the City Council

105 According to Section 1, Land Use Schedule, of Article IV, Permissible Uses, of the Unified Development Code (UDC) a private school is allowed with a Specific Use Permit (SUP) in the Downtown (DT) District. In this case, the Specific Use Permit (SUP) is intended to allow the Planning and Zoning Commission and the City Council the ability to review the land-use to ensure the operations will not create issues for adjacent businesses or residential properties, or with and adjacent roadways. The approval of a Specific Use Permit is discretionary to the Planning and Zoning Commission and the City Council. ADJACENT LAND USES AND ACCESS: The land uses adjacent to the subject property are as follows: North: South: East: West: Directly north of the subject property is E. Rusk Street, which is identified as a TxDOT 4D (TxDOT major collector, four [4] lane, divided roadway) on the City s Master Thoroughfare Plan contained in the Comprehensive Plan. Beyond this is a commercial business (i.e. Essential Steps), which is on a 0.45-acre parcel of land identified at Lots 1, 2, 7, & 8, Block 2, Griffith Addition and zoned Downtown (DT) District. Directly south of the subject property is E. Washington Street, which is identified as a TxDOT 4D (TxDOT major collector, four [4] lane, divided roadway) on the City s Master Thoroughfare Plan contained in the Comprehensive plan. Beyond this is a commercial business (i.e. Alphagraphics), which is situated on a 0.23-acre parcel of land identified as Lot E and parts of Lots 1, 2, 3, & 4, Block U, Old Town Rockwall Addition and zoned Downtown (DT) District. Directly east of the subject property is San Augustine Street, which is identified as a Local Street on the City s Master Thoroughfare Plan contained in the Comprehensive Plan. Beyond this is single-family home, which is situated on a acre parcel of land identified as Lot 1, Block A, Crawford Addition and zoned Single-Family 7 (SF-7) District. Directly west of the subject property is a restaurant (i.e. Pier 101)--which is situated on a 0.36-acre parcel of land identified as Lot A, Block 1, Griffith Addition--and a public parking lot--which is situated on a acre parcel of land identified as Lot B, Block 1, Griffith Addition. These areas are zoned Downtown (DT) District. Beyond this is S. Fannin Street, which is identified as minor collector on the City s Master Thoroughfare Plan contained in the Comprehensive Plan. NOTIFICATION: On May 29, 2018, staff sent 121 notices to property owners and residents within 500-feet of the subject property. Staff also notified the Bent Creek Condos Homeowner s Association (HOA), which is the only HOA/Neighborhood Association within 1,500 feet of the subject property. Additionally, staff posted a sign on the subject property as required by the UDC. At the time this report was drafted, staff had received one (1) notice in favor and one (1) notice in opposition of the request. RECOMMENDATIONS: Should the City Council choose to approve the applicant s request staff would propose the following conditions of approval: 1) The private school shall generally conform to the concept plan depicted in Exhibit B of the attached ordinance

106 2) The private school shall have staggered drop-off and pickup times for the zones as depicted in Exhibit C of the attached ordinance. 3) The private school institution shall generally conform to the traffic circulation plan depicted in Exhibit D of the attached ordinance. 4) No parking shall be permitted along, adjacent to, or in the right-of-way of Rusk Street, E. Washington Street, or San Augustine Street, with the exception of the striped public parking spaces along San Augustine. 5) The Specific Use Permit (SUP) shall be valid for a period of two (2) years from the approval date of the SUP ordinance. To extend the SUP, the applicant shall submit a petition to the City Council for such extension 90 days prior to the expiration of the SUP. Upon recommendation from the Planning and Zoning Commission, the City Council shall review the SUP and determine if an extension is warranted. 6) Any construction resulting from the approval of this zoning change shall conform to the requirements set forth by the Unified Development Code (UDC), the International Building Code (IBC), the Rockwall Municipal Code of Ordinances, city adopted engineering and fire codes and with all other applicable regulatory requirements administered and/or enforced by the state and federal government. PLANNING AND ZONING COMMISSION: On June 12, 2018, the Planning and Zoning Commission approved a motion to recommend approval of the Specific Use Permit (SUP) with an added condition that the SUP be valid for a period of two (2) years with the ability to extend the SUP after this period. The motion was approved by a vote of 4-2 with Commissioners Logan and Chodun dissenting and one (1) vacant seat

107 SAN AUGUSTINE Feet Z SUP FOR A PRIVATE SCHOOL ZONING - LOCATION MAP = GR RUSK DT FANNIN SF-7 WASHINGTON City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. 107 I 107

108 SECOND FIRST FIRST WHITTLE WEST WEST GOLIAD ALAMO SAN JACINTO BARNES BOST KERNODLE STAR SAN ANTONIO AUSTIN SECOND TYLER WEST PARKS CLARK FANNIN NASH STAR TYLER NASH CLARK City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I Feet ,240 WILDWOOD LILLIAN ELM ELM ALAMO GOLIAD OLIVE MARGARET WILLIAMS NASH SQUABBLE CREEK HIGHLAND INTERURBAN INTERURBAN KAUFMAN RUSK FANNIN WASHINGTON SAN AUGUSTINE HOUSTON DENISON HARTMAN MUNSON Stonebridge Meadows RIDGEVIEW Legend RIDGEVIEW Subject Property 1500' Buffer Rockwall HOAs Bent Creek Condos KENWAY ROGERS LAKE MEADOWS GOLIAD ST MARYS STORRS ST MARYS SHERMAN Park Place RENFRO Case Number: Case Name: Case Type: Zoning: Case Address: Z SUP for a Private School Zoning Downtown (DT) District 306 E. Rusk Street Vicinity Map HIGHLAND VALLEY RUSK ELM ALAMO GOLIAD OLIVE KAUFMAN RUSK WILLIAMS WASHINGTON LILLIAN SQUABBLE CREEK NASH HARTMAN Date Created: 5/15/2018 For Questions on this Case Call (972) LAKE MEADOWS KENWAY GOLIAD STORRS 108 RENFRO IVY

109 From: To: Cc: Subject: Date: Attachments: Morales, Laura Miller, Ryan; Gonzales, David; Brooks, Korey Neighborhood Notification Program: Notice of zoning request Friday, May 25, :04:23 PM Z HOA Map.pdf To whom it may concern: Per your participation in the Neighborhood Notification Program, you are receiving this notification to inform your organization and residents of a request for a zoning change that lies within 1,500 feet of the boundaries of your neighborhood or subdivision. As the primary contact for the organization, you are encouraged to share this information with the residents of your subdivision. Please find attached a map detailing the location of the subject property requesting the zoning change in relation to your subdivision boundaries. Additionally, below is a summary of the zoning request that was published in the Rockwall Herald Banner May 25, The Planning and Zoning Commission will hold a public hearing on Tuesday 6/12/2018 at 6:00 p.m., and the City Council will hold a public hearing on Monday, 6/18/2018 at 6:00 p.m. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. If you have any questions or comments regarding this request, the contact information for the Planning Department is listed below. Additional information can also be found at Z Hold a public hearing to discuss and consider a request by John Abbott for the approval of a Specific Use Permit (SUP) for a Private School in the Downtown (DT) District on a acre parcel of land identified as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas, zoned Downtown (DT) District, addressed as 306 E. Rusk Street, and take any action necessary. If this is reaching you in error, please forward it to your HOA or neighborhood group representative and update the contact information at Sincerely, Laura Morales Planning & Zoning Coordinator City of Rockwall Planning & Zoning Department Lmorales@rockwall.com

110 ALAMO FANNIN STAR TYLER TYLER ST WEST ST City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I Feet INTERURBAN KAUFMAN SAN JACINTO SAN AUGUSTINE RUSK / SAN ANTONIO WASHINGTON HOUSTON DENISON Legend Subject Property 500' Buffer 402 GOLIAD Notified Properties GOLIAD A 402B 402-C 402-D 404-A 404-B 404-C 404-D 406-A 406B 406C MUNSON Case Number: Case Name: Case Type: Zoning: Case Address: Z SUP for a Private School Zoning Downtown (DT) District 306 E. Rusk Street Vicinity Map HIGHLAND DR ELM DR W RUSK ST N ALAMO RD S ALAMO RD N GOLIAD ST N SAN JACINTO ST N FANNIN ST LILLIAN ST WILLIAMS ST E KAUFMAN ST NASH ST E RUSK ST E WASHINGTON ST Date Created: 05/11/2018 For Questions on this Case Call (972) LAKE MEADOWS DR KENWAY DR S GOLIAD ST S FANNIN ST STORRS ST ST MARYS ST S CLARK ST 110 S NASH ST RENFRO ST

111 CURRENT RESIDENT 101 N FANNIN ST CURRENT RESIDENT 101 S FANNIN ST JS2 PROPERTIES LLC 1010 W RALPH HALL PKWY SUITE 200 ROCKWALL, TX CURRENT RESIDENT 102 N SAN JACINTO CURRENT RESIDENT 102 S FANNIN ST CURRENT RESIDENT 103 N FANNIN ST CURRENT RESIDENT 103 S SAN JACINTO CURRENT RESIDENT 104 N SAN JACINTO CURRENT RESIDENT 105 N FANNIN ST CURRENT RESIDENT 106 SAN JACINTO SKY 101 S FANNIN SERIES LLC 106 E RUSK SUITE 200 SKY 306 E WASHINGTON SERIES LLC 106 E RUSK SUITE 200 CURRENT RESIDENT 106 S SAN JACINTO GMDR PROPERTIES LLC 107 S SAN JACINTO CURRENT RESIDENT 108 FANNIN ST KUPPER LEROY J ET UX 108 ELM CREST DR CURRENT RESIDENT 108 N SAN JACINTO CURRENT RESIDENT 108 S SAN JACINTO CURRENT RESIDENT 109 E WASHINGTON CURRENT RESIDENT 110 N SAN JACINTO CURRENT RESIDENT 112 N SAN JACINTO CURRENT RESIDENT 114 N SAN JACINTO CURRENT RESIDENT 116 E RUSK CURRENT RESIDENT 116 N SAN JACINTO ANDERSON LORETTA 1208 S LAKESHORE DR HOOKER ROBERT AND KELLIE SHAVANO MIST SAN ANTONIO, TX MORGAN MARY FRANCES COLEY 180 SAN ANTONIO STREET CURRENT RESIDENT 201 E KAUFMAN ROBERSON RAY ETUX 201 E WASHINGTON Z ROCK BUILDING LLC 202 E RUSK ST

112 Z ROCK BUILDING LLC 202 E RUSK ST CURRENT RESIDENT 202 E WASHINGTON CURRENT RESIDENT 202 N FANNIN ST SMITH IRIS 203 S FANNIN ST SMITH IRIS 203 S FANNIN ST CURRENT RESIDENT 204 E KAUFMAN CURRENT RESIDENT 204 N FANNIN ST CURRENT RESIDENT 204 S FANNIN ST CURRENT RESIDENT 205 S SAN JACINTO CURRENT RESIDENT 206 1/2 E RUSK CURRENT RESIDENT 206 E WASHINGTON ST LYKE 29 LLC 206 N FANNIN ST CURRENT RESIDENT 206 S FANNIN ST HALL J BLAKELEY 207 E RUSK ST CURRENT RESIDENT 210 TYLER ST CURRENT RESIDENT 210 E RUSK CURRENT RESIDENT 210 E WASHINGTON CURRENT RESIDENT 212 E RUSK CURRENT RESIDENT 213 E RUSK TURNER V H 214 E RUSK CURRENT RESIDENT 216 E RUSK EXODUS 314 INVESTMENTS LLC 221 BLUE HERON LN HEATH, TX RUSSELL RUTH DIANE 2520 WATAUGA RD FORT WORTH, TX TOVAR JOSE G & FELIPA 301 DENISON ST CURRENT RESIDENT 302 S FANNIN ST TOVAR JUSTINO & ADELINA 303 DENISON ST HIS COVENANT CHILDREN INC 303 E RUSK ST JOHNSON REVOCABLE LIVING TRUST 303 N CLARK ST FIGUEROA ELIZABETH 304 STAR STREET CURRENT RESIDENT 305 DENISON

113 KRONTZ CHRISTIAN MICHAEL & JILLIAN ABIGAIL WRIGHT 305 E KAUFMAN ST ERUDITE INCORPORATED 305 E RUSK ST CURRENT RESIDENT 305 S FANNIN ST TRINITY HARBOR CHURCH 306 E RUSK ST CURRENT RESIDENT 306 E WASHINGTON CURRENT RESIDENT 306 S FANNIN ST CURRENT RESIDENT 307 E KAUFMAN CURRENT RESIDENT 308 E WASHINGTON CURRENT RESIDENT 308 S FANNIN ST HUMPHREY GARY B ET UX 310 E WASHINGTON ST CURRENT RESIDENT 310 S FANNIN ST CAFFEY MICHAEL M 311 S FANNIN ST UNION BANK & TRUST CO 312 CENTRAL AVE SE, STE 508 MINNEAPOLIS, MN CHOI YOUNG CHOI 3828 OLD FAITHFUL CT IRVING, TX CURRENT RESIDENT 401 E KAUFMAN WELCH DAVID T & TERRY E 401 E WASHINGTON STREET WEST CHRISTOPHER AND 401 EAST RUSK CURRENT RESIDENT 402 E RUSK KILPATRICK KENDRA 402 E WASHINGTON ST KNIGHT MOONEY VICKIE SUE 403 E KAUFMAN ST CURRENT RESIDENT 404 E RUSK COLSON BETTY 404 E WASHINGTON CURRENT RESIDENT 405 E KAUFMAN ST SALVADOR MARY PEARL 405 E WASHINGTON CURRENT RESIDENT 406 E KAUFMAN CURRENT RESIDENT 406 E RUSK CURRENT RESIDENT 406 E WASHINGTON BOSS MORRIS E & DEBRA KAY 408 RIDGEVIEW DR WILLESS LADONA 410 E COACHLIGHT TRL BARTON SHANNON G 501 E. KAUFMAN

114 TAMEZ PEDRO ET EX 502 E RUSK ST SMITH ROBERT & MARY SUE 502 W RUSK ST RICHARDSON CATHERINE E AND TRENTON R 503 E KAUFMAN ARCHER KERRY ANNE 503 E RUSK ST CURRENT RESIDENT 503 E WASHINGTON DUTT JOHN RICHARD JR ETUX 505 E WASHINGTON ST BIRKENBACK JOSSEPH M & OLGA M 506 E RUSK ST WEBB RODNEY D AND FRAN W 507 E RUSK BETHEL TEMPLE BAPTIST 520 E WASHINGTON STREET BETHEL BAPTIST CHURCH 520 E WASHINGTON STREET GRAY PEGGY JO 521 KATHY DR MESQUITE, TX DELBOSQUE MARIO 572 V Z C RD3411 WILLS POINT, TX SMITH LEON & MARGARET AND 5818 PORTSMOUTH LN DALLAS, TX HENDRICKS JAMES L ESTATE 5903 VOLUNTEER PL ROCKWALL, TX HEFFERNAN MARILYN 5924 VOLUNTEER PL ROCKWALL, TX BONFANTE VITTORIO & ANGELA 703 FOREST TRCE KING PACIFIC INC 8100 GREENSBORO DR PLANO, TX FOX WILLIAM G & ALISON L 816 FAITH TRAIL HEATH, TX ROBERT COOK ESTATE 901 PIONEER ROAD MESQUITE, TX WALKER TOM 902 LAKE MEADOWS DR CAIN REVOCABLE FAMILY TRUST AND DEWAYNE CAIN TRUSTEE PO BOX 1119 HUGHES THOMAS P PO BOX 1315 LATHAM MARK PO BOX 1481 TEXAS UTILITIES SERVICES INC PO BOX DALLAS, TX CAIN CHAD PO BOX 2345 ROWLETT, TX CHRIST FOR INDIA PO BOX DALLAS, TX PEOPLES BILLY W PO BOX 35 FALL C W PO BOX 655 FALLS J R PO BOX 655 ROCKWALL LIONS CLUB PO BOX

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125 CITY OF ROCKWALL ORDINANCE NO. 18-XX SPECIFIC USE PERMIT NO. S-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE [ORDINANCE NO ] OF THE CITY OF ROCKWALL, TEXAS, AS PREVIOUSLY AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW A PRIVATE SCHOOL IN THE DOWNTOWN (DT) DISTRICT, BEING A ACRE PARCEL OF LAND, IDENTIFIED AS LOTS C & D, BLOCK 1, GRIFFITH 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 WHEREAS, the City has received a request from John Abbott on behalf of The Presbyterian Church of Rockwall for the approval of a Specific Use Permit (SUP) to allow a private school in the Downtown (DT) District on a acre parcel of land being described as Lots C & D, Block 1, Griffith Addition, City of Rockwall, Rockwall County, Texas, and zoned Downtown (DT) District, addressed as 306 E. Rusk Street and being more specifically depicted in Exhibit A of this ordinance, which herein after shall be referred to as the Subject Property and incorporated 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, the governing body in the exercise of its legislative discretion has concluded that the Unified Development Code [Ordinance No ] of the City of Rockwall should be amended as follows: DRAFT NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rockwall, Texas; SECTION 1. That the Unified Development Code [Ordinance No ] of the City of Rockwall, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit (SUP) allowing a private school within the Downtown (DT) District as stipulated by Article IV, Permissible Uses, of the Unified Development Code (UDC) [Ordinance No ] on the Subject Property; and SECTION 2. That the Specific Use Permit (SUP) shall be subject to the conditions and standards set forth in Section 4.8, Downtown (DT) District, of Article V, District Development Standards, of the Unified Development Code (UDC) [Ordinance No ] as heretofore amended and as may be amended in the future, and shall be subject to the following additional operational conditions: ORDINANCE

126 2.1 OPERATIONAL CONDITIONS The following conditions pertain to the operation of a private school on the subject property and conformance to these requirements is necessary for continued operation 1) The private school shall generally conform to the concept plan depicted in Exhibit B of this ordinance. 2) The private school shall have staggered drop-off and pickup times for the zones as depicted in Exhibit C of this ordinance. 3) The private school institution shall generally conform to the traffic circulation plan depicted in Exhibit D of this ordinance. 4) No parking shall be permitted along, adjacent to, or in the right-of-way of Rusk Street, E. Washington Street, or San Augustine Street, with the exception of the striped public parking spaces along San Augustine. 5) The Specific Use Permit (SUP) shall be valid for a period of two (2) years from the approval date of this ordinance. To extend the SUP, the applicant shall submit a petition to the City Council for such extension 90 days prior to the expiration of the SUP. Upon recommendation from the Planning and Zoning Commission, the City Council shall review the SUP and determine if an extension is warranted. 2.2 COMPLIANCE Approval of this ordinance in accordance with Section 8.3, Council Approval or Denial, of Article II, Authority and Administrative Procedures, of the Unified Development Code (UDC) will require compliance to the following: 1) Upon obtaining a Certificate of Occupancy (CO), should any business or establishment operating under the guidelines of this ordinance fail to meet the minimum operational requirements set forth herein and outline in the Unified Development Code (UDC), the City Council may (after proper notice) initiate proceedings to revoke the Specific Use Permit (SUP) in accordance with Section 4.4.(3) of Article IV, Permissible Uses, of the Unified Development Code (UDC). DRAFT SECTION 3. That the official zoning map of the City be corrected to reflect the changes in zoning described herein. SECTION 4. That all ordinances of the City of Rockwall in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. SECTION 5. 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 offence and each and every day such offense shall continue shall be deemed to constitute a separate offense SECTION 6. 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

127 ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. SECTION 7. 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 2 ND DAY OF JULY, ATTEST: Kristy Cole, City Secretary APPROVED AS TO FORM: Frank J. Garza, City Attorney 1 st Reading: June 18, nd Reading: July 2, 2018 DRAFT Jim Pruitt, Mayor ORDINANCE

128 Subject Property: Lots C & D, Block 1, Griffith Addition DRAFT ORDINANCE

129 DRAFT ORDINANCE

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133 CITY OF ROCKWALL CITY COUNCIL MEMO AGENDA DATE: 06/18/2018 APPLICANT: AGENDA ITEM: Randall Eardley, Wier & Associates, Inc. Z ; SUP for a Restaurant with Drive-Through SUMMARY: Hold a public hearing to discuss and consider a request by Randall Eardley of Wier & Associates, Inc. on behalf of Getra Thomason-Sanders of Chick-Fil-A, Inc. for the approval of a Specific Use Permit (SUP) for a Restaurant, 2,000 SF or More with Drive Through in a General Retail (GR) District on a 1.40-acre parcel of land identified as Lot 2, Block A, Lakeshore Commons Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, situated within the North SH-205 Overlay (N. SH-205 OV) District, addressed as 1979 N. Goliad Street, and take any action necessary. PURPOSE AND CHARACTERISTICS OF THE REQUEST: On January 3, 2006, the City Council adopted Ordinance No , establishing the development requirements for Planned Development District 65 (PD-65), which allows a restaurant, 2000 SF or more with drive-through with a Specific Use Permit (SUP). The applicant, Randall Eardley of Wier & Associates, Inc., is requesting the approval of a Specific Use Permit (SUP) to allow a restaurant, 2000 SF or more with drive-through [i.e. Chick-Fil-A] in a General Retail (GR) District. The proposed restaurant will be ~5,000 SF and situated on a 1.40-acre parcel of land [i.e. Lot 2, Block A, Lakeshore Commons Addition], zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, situated within the North SH-205 Overlay (N. SH-205 OV) District, and addressed as 1979 N. Goliad Street. According to Planned Development District 65 (PD-65) the proposed restaurant is subject to the development standards and land uses permitted for the General Retail (GR) District with the exception of certain additional land uses, which are prohibited by the ordinance. Section 2.1.6, Retail and Personal Services Use Conditions of Article V, District Development Standards, of the Unified Development Code (UDC) prohibits access to local residential streets for all restaurants with drive-through and drive-in facilities and requires stacking lanes capable of queuing a minimum of six (6) cars per lane. According to the submitted concept plan, the applicant is providing dual stacking lanes that can accommodate approximately eight (8) vehicles that narrows to one (1) lane that can accommodate an additional six (6) vehicles totaling a queuing capacity of approximately 22 vehicles. The proposed restaurant will be accessible via N. Lakeshore Drive and will have access to N. Goliad Street [SH-205] via a mutual access easement with the property to the south. In addition, this property does not have driveway approaches on any residential streets. The applicant has provided a concept plan and conceptual building elevations; however, staff should note that the property is located within an overlay district (i.e. North SH-205 Overlay [N. SH-205 OV] District) and the building elevations will be subject to review by the Architectural Review Board (ARB) at the time of site plan. Based on staff s review, both the concept plan and building elevations appear to meet all the requirements of Planned Development District 65 (PD-65) and the Unified Development Code (UDC)

134 ADJACENT LAND USES AND ACCESS: The land uses adjacent to the subject property are as follows: North: Directly north of the subject property is N. Lakeshore Drive, which is identified as a M4D (major collector, four [4] lane, divided roadway) on the City s Master Thoroughfare Plan contained in the Comprehensive Plan. Beyond this is a pharmacy (i.e. Walgreens), which is on a acre parcel of land identified as Lot 1, Block B, North Lakeshore Valley Addition and zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses. South: Directly south of the subject property is a 0.81-acre parcel of land identified as Lot 3, Block A, Lakeshore Commons Addition, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses. A site plan for a restaurant (i.e. Starbucks) was recently approved on this property. Beyond this is a acre tract of land identified as Lot 4, Block A, Lakeshore Commons Addition, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses. A site plan for a restaurant (i.e. ModPizza) was recently approved on this property. East: Directly east of the subject property is N. Goliad Street [SH-205], which is identified as a TxDOT4D (TxDOT, four [4] lane, roadway) on the City s Master Thoroughfare Plan contained in the Comprehensive Plan. Beyond this is an acre parcel of land identified as Lot 1, Block A, Kroger 205 Addition, which is zoned Planned Development District 5 (PD-5) for General Retail (GR) District land uses and is currently occupied with a grocery store (i.e. Kroger). West: Directly west of the subject property is a 1.56-acre parcel of land identified as Lot 1, Block A, Lakeshore Commons Addition, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, and contains a retail strip center. Beyond this is an acre tract of open space that was dedicated to the City of Rockwall as part of Planned Development District 65 (PD-65). This property is identified as Tract 8-2 of the J. H. B. Jones Survey, Abstract No NOTIFICATION: On May 29, 2018, staff mailed 14 notices to property owners and residents within 500-feet of the subject property. Staff also notified the Random Oaks/Shores, Stone Creek, Quail Run Valley and Lakeview Summit Homeowner s Associations (HOA s), which are the only HOA s/neighborhood Organizations that are within 1,500-feet of the subject property participating in the Neighborhood Notification Program. Additionally, staff posted a sign on the subject property as required by the UDC. At the time this report was drafted, staff had received one (1) notice in favor of the applicant s request. RECOMMENDATIONS: Should the City Council choose to approve the applicant s request, staff would offer the following conditions of approval: 1) The restaurant shall be subject to the following operational conditions, which are contained in the SUP ordinance: (a) The site plan shall generally conform to the concept plan depicted in Exhibit B of the SUP ordinance. (b) The elevations shall be subject to review and recommendation by the Architectural Review Board (ARB)

135 2) Any construction or building necessary to complete this request must conform to the requirements set forth by the UDC, the International Building Code, the Rockwall Municipal Code of Ordinances, city adopted engineering and fire codes and with all other applicable regulatory requirements administered and/or enforced by the state and federal government. PLANNING AND ZONING COMMISSION: On June 12, 2018, the Planning and Zoning Commission approved a motion to recommend approval of the Specific Use Permit (SUP) by a vote of 6-0, with one (1) seat vacant

136 Feet PECAN VALLEY Z SUP FOR RESTAURANT WITH DRIVE THROUGH ZONING - LOCATION MAP = LAKESHORE QUAIL RUN QUAIL RUN LAKESHORE PD-5 PD-65 GOLIAD MEMORIAL City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. 136 I 136

137 CALISTOGA CALISTOGA AUDOBON HAYS City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I The Shores/Ray Feet Random Hubbard Oaks/Shores 930 1,240 WIND HILL RANDOM OAKS HIDDEN OAK QUAIL RUN OAK BEND HAINSWORTH HANOVER Stone Creek YORK MONTROSE HARVARD NAKOMA EMERSON PECAN VALLEY QUAIL RUN QUAIL RUN REGAL BLUFF IRELAND COVEY Quail Run Valley GOLIAD RAINTREE BRITTANY DICKSON LAKESHORE SUTTER LAKESHORE MEMORIAL BOB WHITE Lakeview Summit SONOMA NOVATO Legend PETALUMA Subject Property 1500' Buffer VENTURA PRESIDIO NAPA MARIPOSA MARIN GRASS VALLEY SAN RAFAEL FREMONT HAYWARD Rockwall HOAs SAUSALITO SAUSALITO Case Number: Case Name: Case Type: Zoning: Case Address: Date Created: Z SUP for a Restaurant with Drive Through Zoning PD N. Goliad Street 5/15/2018 For Questions on this Case Call (972) Vicinity Map SHORES MURIFIELD LOMBARD SUNNYVALE GEARY QUAIL RUN NAPA LAKESHORE SAUSALITO YORK PECAN VALLEY GOLIAD SONOMA HARVARD AUDOBON 137 MEMORIAL RED WOLF CARUTH QUAIL RUN SHADY LANE

138 From: To: Cc: Subject: Date: Attachments: Morales, Laura Miller, Ryan; Gonzales, David; Brooks, Korey Neighborhood Notification Program: Notice of zoning request Friday, May 25, :11:29 PM Z HOA Map.pdf To whom it may concern: Per your participation in the Neighborhood Notification Program, you are receiving this notification to inform your organization and residents of a request for a zoning change that lies within 1,500 feet of the boundaries of your neighborhood or subdivision. As the primary contact for the organization, you are encouraged to share this information with the residents of your subdivision. Please find attached a map detailing the location of the subject property requesting the zoning change in relation to your subdivision boundaries. Additionally, below is a summary of the zoning request that was published in the Rockwall Herald Banner May 25, The Planning and Zoning Commission will hold a public hearing on Tuesday 6/12/2018 at 6:00 p.m., and the City Council will hold a public hearing on Monday, 6/18/2018 at 6:00 p.m. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. These hearings will be held in the City Council Chambers at City Hall, 385 S. Goliad Street. If you have any questions or comments regarding this request, the contact information for the Planning Department is listed below. Additional information can also be found at Z Hold a public hearing to discuss and consider a request by Randall Eardley of Wier & Associates, Inc. on behalf of Getra Thomason-Sanders of Chick-Fil-A, Inc. for the approval of a Specific Use Permit (SUP) for a Restaurant, 2,000 SF or More with Drive Through in a General Retail (GR) District on a 1.40-acre parcel of land identified as Lot 2, Block A, Lakeshores Commons Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 65 (PD-65) for General Retail (GR) District land uses, situated within the North SH-205 Overlay (N. SH-205 OV) District, addressed as 1979 N. Goliad Street, and take any action necessary. If this is reaching you in error, please forward it to your HOA or neighborhood group representative and update the contact information at Sincerely, Laura Morales Planning & Zoning Coordinator City of Rockwall Planning & Zoning Department Lmorales@rockwall.com

139 HAYS RD City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. I 218 W Feet QUAIL RUN PECAN VALLEY LAKESHORE LAKESHORE QUAIL RUN QUAIL RUN MEMORIAL SUTTER NAPA Subject Property '_Buffer Notified Properties Legend GRASS VALLEY 418 SONOMA GOLIAD 1210 Case Number: Case Name: Z SUP for a Restaurant with Drive Through Case Type: Zoning Zoning: PD-65 Case Address: 1979 N. Goliad Street Date Created: 05/15/2018 For Questions on this Case Call (972) SHORES BLVD Vicinity Map W QUAIL RUN RD CARMEL DR NAPA DR N LAKESHORE DR GEARY DR SAN RAFAEL DR N GOLIAD ST HARVARD DR AUDOBON LN 139 MEMORIAL DR RED WOLF DR CARUTH LN

140 KROGER TEXAS LP 1014 VINE STREET CINCINNATI, OH CURRENT RESIDENT 1950 N GOLIAD CURRENT RESIDENT 2004 N GOLIAD CURRENT RESIDENT 2007 N GOLIAD ARKOMA DEVELOPMENT LLC 203 E INTERSTATE 30 CURRENT RESIDENT 2265 NORTH LAKESHORE DR QUAIL RUN VALLEY OWNERS ASSOC C/O ASSURED MGT INC 2500 LEGACY DR STE 220 FRISCO, TX CURRENT RESIDENT 3009 N GOLIAD ST COLE HC ROCKWALL TX LLC C/O ROCKWALL REGIONAL HOSPITAL, LLC; ATTN LEGAL DEPT HORIZON RD ROCKWALL, TX JAVKER REALTY CORP 42 BOND ST NEW YORK, NY REBAC OF ROCKWALL, LLC 6000 UNIVERSITY AVE STE 350 WEST DES MOINES, IA GOLIAD REAL ESTATE LLC 7700 EASTER AVENUE SUITE 705 DALLAS, TX STONE CREEK BALANCE LTD 8214 WESTCHESTER STE 710 DALLAS, TX MOORE WORTH INVESTMENTS LLC 8446 FREEPORT PKWY SUITE 175 DALLAS, TX

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144 DESIGN INTENT PACKAGE HWY. 205 & N. LAKESHORE FSU N. Goliad St., Rockwall, TX STORE NUMBER PROTOTYPE VERSION TIER BUILDING AREA SEAT COUNT - INTERIOR SEAT COUNT - EXTERIOR SEATING TYPE REGISTERS DRIVE-THRU LEED LANDSCAPING P12_LSR LRG v2_18.03 TIER SF STANDARD 4 YES NOT CERTIFIED STANDARD OPTIONS: RESTROOM WATER FILTRATION PLAYGROUND KITCHEN LAYOUT ORDER POINT CANOPY MEAL DELIVERY CANOPY F2F CANOPY FANS F2F CANOPY HEATERS TWO FIXTURE TYPE 1 STANDARD CENTERLINE YES YES YES YES DESIGN SIGN-OFF PERSPECTIVE VIEW - ENTRY DESIGN LEADER DATE 4/18/ :10:35 AM D-011L 03897, HWY. 205 & N. LAKESHORE FSU, N. Goliad St., Rockwall, TX DIP COVER SHEET - LRG - BRICK 04/18/2018 THE CHICK-FIL-A DESIGN INTENT PACKAGE REPRESENTS A BRAND COMPLIANT DESIGN SOLUTION. SITE ADAPT PROFESSIONALS ARE RESPONSIBLE FOR APPLICATION OF DESIGN AND COMPLIANCE OF WITH ORDINANCES AND CODES

145 EXECUTIVE SUMMARY EXTERIOR MODIFICATIONS NONE. INTERIOR MODIFICATIONS NONE. FRONT OF HOUSE MODIFICATIONS NONE. PERSPECTIVE VIEW - FRONT RIGHT BACK OF HOUSE MODIFICATIONS NONE. PERSPECTIVE VIEW - REAR LEFT BRICK PERSPECTIVE VIEW - REAR RIGHT 4/18/ :11:11 AM D-021L 03897, HWY. 205 & N. LAKESHORE FSU, N. Goliad St., Rockwall, TX EXTERIOR PERSPECTIVES - LRG - BRICK 04/18/2018 THE CHICK-FIL-A DESIGN INTENT PACKAGE REPRESENTS A BRAND COMPLIANT DESIGN SOLUTION. SITE ADAPT PROFESSIONALS ARE RESPONSIBLE FOR APPLICATION OF DESIGN AND COMPLIANCE OF WITH ORDINANCES AND CODES

146 NORTHEAST PERSPECTIVE SOUTH PERPSECTIVE 4/18/ :11:44 AM D-022L 03897, HWY. 205 & N. LAKESHORE FSU, N. Goliad St., Rockwall, TX SITE PERSPECTIVES-LRG 04/18/2018 THE CHICK-FIL-A DESIGN INTENT PACKAGE REPRESENTS A BRAND COMPLIANT DESIGN SOLUTION. SITE ADAPT PROFESSIONALS ARE RESPONSIBLE FOR APPLICATION OF DESIGN AND COMPLIANCE OF WITH ORDINANCES AND CODES

147 BR-4 BR-3 EC-1 T.O. HIGH PLATE 21'-8" T.O. LOW PLATE 20'-4 1/2" C1-C C1-C C1-C C1-B C1-D C4-D C1-C T.O. ROWLOCK 14'-0" HEADER 9'-8" ELEVATION - ENTRY 1/8" = 1'-0" WATER TABLE 3'-0" T.O. SLAB 0" BR-4 EC-1 T.O. HIGH PLATE 21'-8" T.O. LOW PLATE 20'-41/2" T.O. ROWLOCK C1-D C1-D C8-I C1-C BR-3 14'-0" HEADER 9'-8" WATER TABLE 3'-0" T.O. SLAB ELEVATION - DRIVE-THRU 1/8" = 1'-0" 0" 4/18/ :12:24 AM D-061L 03897, HWY. 205 & N. LAKESHORE FSU, N. Goliad St., Rockwall, TX EXTERIOR ELEVATIONS - BRICK 04/18/2018 THE CHICK-FIL-A DESIGN INTENT PACKAGE REPRESENTS A BRAND COMPLIANT DESIGN SOLUTION. SITE ADAPT PROFESSIONALS ARE RESPONSIBLE FOR APPLICATION OF DESIGN AND COMPLIANCE OF WITH ORDINANCES AND CODES

148 EC-1 BR-4 T.O. HIGH PLATE 21'-8" T.O. LOW PLATE 20'-41/2" Type EXTERIOR CANOPY SCHEDULE - LRG Description Count Overall Width Overall Depth Overall Thickness Tie Back Mounting (Offset From Top) Notch Integral Lighting C4-E T.O. ROWLOCK 14'-0" HEADER 9'-8" C1-B Exterior Canopy 1 5'-9" 1'-0" 8" 0" --- Yes C1-C Exterior Canopy 5 7'-1" 1'-0" 8" 0" --- No C1-D Exterior Canopy 3 9'-9" 1'-0" 8" 0" --- No C4-A Exterior Canopy 1 5'-9" 4'-0" 8" 2'-6" --- Yes C4-D Exterior Canopy 1 10'-0" 4'-0" 8" 2'-6" --- Yes C4-E Exterior Canopy 1 13'-9" 4'-0" 8" 2'-6" --- Yes C8-I Exterior Canopy 1 48'-0" 11'-0" 8" 3'-0" See RCP No Grand total 13 ELEVATION - FRONT 1/8" = 1'-0" BR-3 WATER TABLE 3'-0" T.O. SLAB 0" EXTERIOR FINISHES BR-4 EC-1 C4-A T.O. LOW PLATE 20'-41/2" T.O. ROWLOCK 14'-0" HEADER 9'-8" BR-4 BRICK VENEER COLOR: PALISADE SIZE: MODULAR MORTAR: ARGOS SAN TAN EC-1 PREFINISHED METAL COPING COLOR: DARK BRONZE PT-9 EXTERIOR PAINT COLOR: DARK BRONZE FINISH: SEMI-GLOSS 4/18/ :12:35 AM D-071L ELEVATION - REAR 1/8" = 1'-0" 03897, HWY. 205 & N. LAKESHORE FSU, N. Goliad St., Rockwall, TX BR-3 WATER TABLE THE CHICK-FIL-A DESIGN INTENT PACKAGE REPRESENTS A BRAND COMPLIANT DESIGN SOLUTION. SITE ADAPT PROFESSIONALS ARE RESPONSIBLE FOR APPLICATION OF DESIGN AND COMPLIANCE OF WITH ORDINANCES AND CODES. 3'-0" T.O. SLAB EXTERIOR ELEVATIONS - BRICK 148 0" BR-3 BRICK VENEER COLOR: PALOMA GRAY SIZE: MODULAR FINISH: ARGOS SAN TAN ST-1 STOREFRONT COLOR: DARK BRONZE 04/18/

149 CITY OF ROCKWALL ORDINANCE NO. 18-XX SPECIFIC USE PERMIT NO. S-XXX 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 RESTAURANT WITH A DRIVE-THROUGH IN A GENERAL RETAIL (GR) DISTRICT, ON A 1.40-ACRE TRACT OF LAND BEING IDENTIFIED AS LOT 2, BLOCK A, LAKESHORE COMMONS 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 WHEREAS, the City has received a request from Randy Eardley, P.E. of Wier & Associates, Inc. on behalf of Getra Thomason-Saunders of Chick-Fil-A, Inc. for the approval of a Specific Use Permit (SUP) to allow for a restaurant, 2,000 SF or more with a drive-through, in a General Retail (GR) District on a 1.40-acre tract of land being described as a Lot 1, Block A, Lakeshore Commons Addition, City of Rockwall, Rockwall County, Texas, zoned Planned Development District 65 (PD- 65) for General Retail (GR) District land uses, addressed as 1979 N. Goliad Street [SH-205], and being more specifically depicted in Exhibit A of this ordinance, which herein after shall be referred to as the Subject Property and incorporated 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, the governing body in the exercise of its legislative discretion has concluded that Planned Development District 65 (PD- 65) [Ordinance No ] and the Unified Development Code [Ordinance No ] of the City of Rockwall should be amended as follows: DRAFT NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Rockwall, Texas; SECTION 1. That the Unified Development Code [Ordinance No ] of the City of Rockwall, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit (SUP) allowing a restaurant, 2,000 SF or more with a drive-through as stipulated by Section 1, Land Use Schedule of Article IV, Permissible Uses, of the Unified Development Code [Ordinance No ], on the Subject Property; and SECTION 2. That the Specific Use Permit (SUP) shall be subject to the requirements set forth in Subsection 4.4, General Retail (GR) District, Section 4, Commercial Districts, of Article V, District Development Standards, of the Unified Development Code (UDC) and Planned Development District (PD-65) [Ordinance No ] as heretofore amended and as may be amended in the future, and shall be subject to the following: ORDINANCE

150 2.1 OPERATIONAL CONDITIONS The following conditions pertain to the operation of a restaurant, 2,000 SF or more with a drivethrough on the Subject Property and conformance to these stipulations is required for continued operations: 1) The restaurant shall generally conform to the concept plan shown in Exhibit B of this ordinance. 2.2 COMPLIANCE Approval of this ordinance in accordance with Section 8.3, Council Approval or Denial, of Article II, Authority and Administrative Procedures, of the Unified Development Code (UDC) will require compliance to the following: 1) Upon obtaining a Certificate of Occupancy (CO), should any business or establishment operating under the guidelines of this ordinance fail to meet the minimum operational requirements set forth herein and outline in the Unified Development Code (UDC), the City Council may (after proper notice) initiate proceedings to revoke the Specific Use Permit (SUP) in accordance with Section 4.4.(3) of Article IV, Permissible Uses, of the Unified Development Code (UDC). SECTION 3. That the official zoning map of the City be corrected to reflect the changes in zoning described herein. SECTION 4. That all ordinances of the City of Rockwall in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. SECTION 5. 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 offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 6. 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. SECTION 7. 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 2 ND DAY OF JULY, ATTEST: Kristy Cole, City Secretary DRAFT Jim Pruitt, Mayor ORDINANCE

151 APPROVED AS TO FORM: Frank J. Garza, City Attorney 1 st Reading: June 18, nd Reading: July 2, 2018 DRAFT ORDINANCE

152 DRAFT Exhibit A : Survey ORDINANCE

153 DRAFT Exhibit B : Concept Plan ORDINANCE

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155 MEMORANDUM TO: FROM: Rick Crowley, City Manager Amy Williams, P.E., Public Work Director/City Engineer DATE: April 30, 2018 SUBJECT: S. Lakeshore Dr./Summit Ridge Dr. Reconstruction Project Staff is requesting City Council consider approving staff to proceed with construction bidding and advertising for the S. Lakeshore Dr./Summit Ridge Dr. Reconstruction Project. If you have any questions, please advise. AJW:jmw Attachments Cc: Jeremy White, P.E., CFM, Civil Engineer File

156 S. LAKESHORE DRIVE / SUMMIT RIDGE DRIVE RECONSTRUCTION PROJECT CITY COUNCIL MEETING City of Rockwall, Texas May 7,

157 CIP No.: CIP Engineering Schematic Design & Development: October 2015 October 2017 Limits (From): SH 66 (W Rusk St) Public Meetings (3): December December 2017 (To): FM 740 (Ridge Rd) Schematic Approval: October 2017 Engr. Design Firm: Funding: Kimley-Horn & Associates, Inc Road Bonds & Water/Sewer Bonds 100% Construction Plans: June 2018 * Franchise Utility Relocation Begin: Summer 2018 * Franchise Utility Relocation End: Fall 2018 * Bid Date: Summer 2018 * Construction Start: Fall/Winter 2018 * Construction Complete: Summer 2020 * Project Description: Existing: - Lakeshore: 36 wide concrete roadway with no sidewalks - Summit Ridge: 26 wide concrete roadway with no sidewalks Proposed: foot lanes - Staggered parallel parking stalls on S. Lakeshore Dr. - Small traffic circles at cross-streets. - 5 concrete sidewalks (both) - Water line & wastewater line replacements (both) - Storm sewer improvements (both) - Alley reconstruction (select areas) * Anticipated Dates

158 Project Timeline October 2015 Public Input Surveys (Adjacent Property Owners) 93 surveys sent to adjacent property owners 34 responses to survey (36.5%) 64.7% of respondents were in favor of implementing sidewalks 79.4% of respondents in favor of traffic calming to slow or discourage cut through traffic December 12, 2015 Public Input Meeting (Adjacent Property Owners) Discuss Survey Results, Traffic Calming Measures, and Traffic Study Gathered additional input from comment cards: No Significant Change in Sidewalk Favor July 20, 2016 Public Meeting (Entire Neighborhood) Present Preliminary Design Schematic based on survey results and public meeting Comment Cards: Adjacent Residents No Significant Change in Sidewalk Favor Non-Adjacent Residents (Out of 16 received: 9 In Favor of sidewalks, 4 Not in Favor of sidewalks) October 2017 City Council Presentation Typical Section and Schematic approved by City Council December 1, 2017 Public Meeting (Entire Neighborhood) Hosted by Councilman Mike Townsend Present Final Design Schematic based on survey results and public meeting

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167 Existing 2-11 ft lanes (E. Kaufman St.)

168 Project Information On-street parallel parking (6 Locations) Existing driveway and leadwalks will match existing finish type (Concrete, Exposed Aggregate, Pavers, Stamped/Stained Concrete, etc.)

169 Project Information Existing irrigation systems to be relocated out of the way of proposed improvements. Any damage irrigation systems will be repaired to same or better condition. Mailboxes will be salvaged where possible and relocated to new location, if damaged, mailboxes will be reconstructed to match existing to type, material (to extent possible) and style. Right of Entries will be acquired to reconstruct driveways and leadwalks (58 properties)

170 Tree Removal (10 Total 8 crape Myrtles, 1 Magnolia, & 1 ornamental shrub)

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172 CITY OF ROCKWALL, TEXAS MEMORANDUM TO: CC: FROM: Mayor and City Council Rick Crowley, City Manager Brad Griggs, Assistant City Manager Ryan Miller, Director of Planning and Zoning DATE: June 18, 2018 SUBJECT: Impact Fee Waiver Request for 7/11 On February 13, 2018, the Planning and Zoning Commission approved a site plan for a retail store with gasoline sales (i.e. 7/11) on a 1.67-acre tract of land located west of the intersection of W. Rusk Street [SH-66] and N. Lakeshore Drive. The applicant, Samantha Renz with Evolving Texas, has submitted a request asking the City Council to waive all impact fees associated with this request. Based on the civil plans submitted by the applicant staff estimates the potential impact fees to be as follows: [1] Roadway Impact Fees of $4,651.30, [2] Water Impact Fees of $7,777.64, and [3] Wastewater Impact Fees of $3, Impact Fees are collected to account for a projects impact to the system, and to account for the costs of providing public services to the new development. This is a discretionary decision for the City Council. Should the City Council have any questions concerning this request the applicant and staff will be available at the meeting on June 18,

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175 CITY OF ROCKWALL, TEXAS MEMORANDUM TO: CC: FROM: Mayor and City Council Rick Crowley, City Manager Brad Griggs, Assistant City Manager Ryan Miller, Director of Planning and Zoning DATE: June 18, 2018 SUBJECT: MIS ; Variance Request for 7/11 On February 13, 2018, the Planning and Zoning Commission approved a site plan for a retail store with gasoline sales (i.e. 7/11) on a 1.67-acre tract of land located west of the intersection of W. Rusk Street [SH-66] and N. Lakeshore Drive. Subsequently, the City Council approved variances to the four (4) sided architecture, articulation and pitched roof requirements on February 19, The subject property is zoned Planned Development District 48 (PD-48) for General Retail (GR) District land uses and is situated within the SH-66 Overlay (SH-66 OV) District. Since the site plan and variances were approved, the applicant has submitted civil engineering drawings and is working with the Engineering Department to address all comments. One of the issues that was identified through this process was a proposal by the applicant to relocated existing overhead powerlines from the interior of the site to the right-of-way line adjacent to the proposed landscape buffer. According to the City s ordinances, all relocations of existing overhead powerlines are required to be installed underground. This requirement is stipulated in several sections of the Unified Development Code (UDC) and Municipal Code of Ordinances. Specifically, the sections relevant to the subject property are as follows: Section 6.9, SH-66 Overlay (SH-66 OV) District, of Article V, District Development Standards, of the UDC: I. Utility Placement. All overhead utilities within the SH-66 Overlay District shall be placed underground. Section 3.3, Utility Distribution Lines, of Article IV, Permissible Uses, of the UDC: All utility distribution lines shall be placed underground. Utility distribution lines placed aboveground shall require special approval of the city council based upon a recommendation of the planning and zoning commission. Section 38-15, Miscellaneous Requirements, of Chapter 38, Subdivisions, of the Municipal Code of Ordinances: (e) Underground utilities. All power and telephone service shall be underground. No overhead service will be allowed without special permission being given by the city council. The applicant is requesting the City Council grant a variance to the underground requirements to allow overhead powerlines along SH-66. At staff s request, the applicant has obtained a cost

176 estimate from Oncor citing the cost of relocating the powerlines underground would be ~$75, According to the SH-66 Overlay (SH-66 OV) District requirements, (t)he City Council may, upon request from the applicant, grant a variance to any provision of this section [i.e. the SH-66 OV requirements] where unique or extra ordinary condition exist or where strict adherence to the provisions of this section [i.e. the SH-66 OV requirements] would create a hardship In previous cases, the City Council has not approved requests to allow additional overhead powerlines; however each request is discretionary on a case-by-case basis for the City Council pending a recommendation by the Planning and Zoning Commission. On June 12, 2018, the Planning and Zoning Commission approved a motion to recommend denial of the applicant s request by a vote of 5-1, with Commission Chodun dissenting and one (1) vacant seat. In the attached packet staff has included a proposed utility plan showing the current and proposed location of the powerlines, and the applicant s letter. Staff should note that the approval of any variance in an established overlay district would require a ¾-majority vote of the City Council (i.e. members present at the meeting) for approval. Should the City Council have any questions staff and a representative for the applicant will be available at the June 18, 2018 City Council meeting

177 LAKESHORE Feet MIS MISCELLANEOUS - LOCATION MAP = SUNPOINT SF-10 HIGHVIEW BAYSHORE PD-48 WILLOW GR RUSK RUSK AG STONEBRIDGE LAKE MEADOWS City of Rockwall Planning & Zoning Department 385 S. Goliad Street Rockwall, Texas (P): (972) (W): The City of Rockwall GIS maps are continually under development and therefore subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Rockwall makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. 177 I 177

178 20' ALLEY TBPE NO. F civil engineering planning 420 Throckmorton, Ste 620, Fort Worth, TX evolvingtexas.com 20' 0 10' 20' 40' 80' CALL 72 HOURS BEFORE YOU DIG (DIG-TESS) (TEXAS ONE), (LONESTAR NOTIFICATION) OR OTHER UTILITY LOCATING SERVICES May 23, 2018 PROPOSED LOT 1 46, SQ.FT., 1.08 AC. PROPOSED LOT 2 45,692.1 SQ.FT., 1.05 AC. LOT 29 UNDERGROUND STORAGE TANKS (REF: FUELING PLANS) (REF: FUELING PLANS) FUELING CANOPY 7-ELEVEN H Y D SH 66 and Willow Bend Dr. Rockwall, Texas WILLOWBEND SITE DATA STATE HIGHWAY NO. 66 (VARIABLE WIDTH RIGHT-OF-WAY) PROJECT LOCATION Electric Line Relocation Exhibit

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