Feb. 18, 2013 Rockwall City Council Meeting

Table of Contents
Agenda 4
Consider approval of the minutes from the February 4, 2013
regular city council meeting, and take any action necessary.
2/4 Minutes 8
Blank Page 16
Consider approval of a resolution regarding the cost per acre for
mandatory neighborhood park land dedication, and take any
action necessary.
Memo 17
Resolution 18
Market Study Ltr 19
Market Study Report 21
Blank Page 58
Consider approval of a resolution establishing the pro rata
equipment fee related to the city's mandatory neighborhood
park land dedication regulations, and take any action necessary.
Memo 59
Resolution 60
Blank Page 61
Appointment with John Mitchell of Concerned Citizens of
Rockwall to hear matters raised by citizens related to the
Rockwall Police Department, and take any action necessary.
Mayor Pro Tem White Request 62
Blank Page 63
Appointment with Jan Johnson, Historic Preservation Advisory
Board Chairperson, to discuss the annual progress report of the
Historic Boards initiatives and the proposed historic medallion
program, and take any action necessary.
HPAB Appt Item 64
Blank Page 75
Appointment with Rockwall Police Chief Mark Moeller to hear
2012 Racial Profiling Report, Annual Crime Comparison Report
and Holiday Initiative results, and take any action necessary.
2012 Racial Profiling Report 76
Crime Comparison 2012 80
Holiday Crime Initiative - 2012 82
Blank Page 83
P2013-001 - Hold a public hearing, discuss and consider a
request by Donnie and Tammy Latimer for approval of a
Residential Replat for Chandlers Landing Phase 14, Lot 23,
Block B, City and County of Rockwall, Texas, being a replat of
Lots 5-R and 7-R of Chandlers Landing Phase 14, Block B, and
take any action necessary.
Staff Report 84
Blank Page 95
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Z2013-001 - Hold a public hearing, discuss and consider
approval of an ordinance for a request by Denise Webb and
Shannon Allred for a Specific Use Permit (SUP) to allow for a
secondhand goods store located on Lot S and a portion of Lot 3,
Block L of Rockwall Old Towne, City and County of Rockwall,
Texas, being a 1,500-sf tract located at 103 South San Jacinto,
zoned (DT) Downtown district, and take any action necessary.
(1st Reading)
Staff Report 96
Blank Page 111
approval of an ordinance for a request by Cameron Slown for a
change in zoning from (AG) Agricultural district to (C)
Commercial district on a 45.56-acre tract situated in the W. W.
Ford Survey, Tract 17-5, located at the southeast corner of SH
205 and FM 549, City and County of Rockwall, Texas, and take
any action necessary. (1st Reading)
Staff Report 112
Blank Page 128
approval of an ordinance for a request by Betsy Irvine for a
change in zoning from (AG) Agricultural district to (HC) Heavy
Commercial district on a 2.01-acre tract situated in the J. D.
McFarland Survey, Tract 17, City and County of Rockwall,
Texas, generally located on South Goliad Street, approximately
500-ft south of Ralph Hall Parkway, and take any action
necessary. (1st Reading)
Memo 129
Attachment 130
Staff Report 131
Blank Page 142
approval of an ordinance for a request by Kevin Patel for a
Specific Use Permit (SUP) to allow for a retail outlet where
gasoline products are sold as an accessory to a retail use, as
stipulated by the Scenic Overlay (SOV) District, on a 2.46-acre
tract of land described as Lots 1R and 2R of the Woods at
Rockwall Addition, City and County of Rockwall, Texas, located
at the southeast corner of Ridge Road and Yellow Jacket Lane,
zoned (C) Commercial district and situated within the Scenic
Overlay (SOV) District, and take any action necessary. (1st
Reading) (Applicant requests to continue to March 4, 2013)
Request to Continue Public Hearing 143
Staff Report 145
Blank Page 157
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Discuss and consider approval of the contract with Aqua Texas
Inc. regarding purchase of water and sewer systems in Lake
Rockwall Estates subdivision and authorizing the city manager
to complete the purchase; authorizing the staff to initiate the
process to obtain financing to pay the purchase price for the
systems; authorizing staff to file applications required to obtain
regulatory approvals relating to the purchase of the systems;
authorizing staff to cause the preparation and completion of the
design and construction of the sewer interconnect required by
the contract; authorizing staff to acquire easements, rights-of-
way, and interests in land required to construct, maintain, and
operate the interconnect, and take any action necessary.
staff memo 158
Contract 159
Blank Page 178
Discuss and consider adoption of a resolution expressing official
intent to reimburse costs of project for Lake Rockwall Estates
system acquisition and take any action necessary.
staff memo 179
Resolution 180
Blank Page 182
Discuss and consider approval of a resolution regarding the 2nd
Amendment to protect and defend the constitutional right to
keep and bear arms, and take any action necessary.
email 183
Resolution 184
Blank Page 186
Discuss and consider hotel/motel tax subcommittee funding
recommendations regarding requests from RACE Advisory
Council, Rockwall Rubber Duck Regatta and Lakeside Civic
Chorus and take any action necessary.
subcommittee memo 187
funding requests memo 188
request documentation 189
Blank Page 223
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Monday, February 18, 2013 City Council Agenda
Page 1
AGENDA
ROCKWALL CITY COUNCIL
Monday, February 18, 2013
4:00 p.m. Regular City Council Meeting
City Hall, 385 S. Goliad, Rockwall, Texas 75087

I. CALL PUBLIC MEETING TO ORDER (4:00 P.M.)

II. HOLD WORK SESSION TO HEAR UPDATE RELATED TO THE CITYS DOWNTOWN IMPROVEMENT
PLAN, AND TAKE ANY ACTION NECESSARY.

III. EXECUTIVE SESSION. (5:00 P.M.)

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. Discussions regarding land acquisition in the downtown area for municipal
purposes pursuant to Section 551.072 (deliberations about real property).

2. Discussion regarding deliberation of appointment of City Attorney, including
update from council subcommittee, pursuant to Section 551.074 (personnel
matters).

IV. ADJOURN EXECUTIVE SESSION
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AGENDA

V. RECONVENE PUBLIC MEETING

VI. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION

VII. INVOCATION AND PLEDGE OF ALLEGIANCE MAYOR PRO TEM WHITE

VIII. CONSENT AGENDA

1. Consider approval of the minutes from the February 4, 2013 regular city
council meeting, and take any action necessary.
2. Consider approval of a resolution regarding the cost per acre for
mandatory neighborhood park land dedication, and take any action
necessary.
3. Consider approval of a resolution establishing the pro rata equipment fee
related to the city's mandatory neighborhood park land dedication
regulations, and take any action necessary.

IX. 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 J ohn Mitchell of Concerned Citizens of Rockwall to hear
matters raised by citizens related to the Rockwall Police Department, and
take any action necessary.
3. Appointment with J an J ohnson, Historic Preservation Advisory Board
Chairperson, to discuss the annual progress report of the Historic Boards
initiatives and the proposed historic medallion program, and take any
action necessary.
4. Appointment with Rockwall Police Chief Mark Moeller to hear 2012 Racial
Profiling Report, Annual Crime Comparison Report and Holiday Initiative
results, and take any action necessary.

X. PUBLIC HEARING ITEMS

1. P2013-001 - Hold a public hearing, discuss and consider a request by
Donnie and Tammy Latimer for approval of a Residential Replat for
Chandlers Landing Phase 14, Lot 23, Block B, City and County of
Rockwall, Texas, being a replat of Lots 5-R and 7-R of Chandlers Landing
Phase 14, Block B, and take any action necessary.
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p.8
p.17
p.59
p.62
p.64
p.76
p.84
Page 3

2. Z2013-001 - Hold a public hearing, discuss and consider approval of an
ordinance for a request by Denise Webb and Shannon Allred for a
Specific Use Permit (SUP) to allow for a secondhand goods store located
on Lot S and a portion of Lot 3, Block L of Rockwall Old Towne, City and
County of Rockwall, Texas, being a 1,500-sf tract located at 103 South
San J acinto, zoned (DT) Downtown district, and take any action
necessary. (1st Reading)
ordinance for a request by Cameron Slown for a change in zoning from
(AG) Agricultural district to (C) Commercial district on a 45.56-acre tract
situated in the W. W. Ford Survey, Tract 17-5, located at the southeast
corner of SH 205 and FM 549, City and County of Rockwall, Texas, and
take any action necessary. (1st Reading)
ordinance for a request by Betsy Irvine for a change in zoning from (AG)
Agricultural district to (HC) Heavy Commercial district on a 2.01-acre tract
situated in the J . D. McFarland Survey, Tract 17, City and County of
Rockwall, Texas, generally located on South Goliad Street, approximately
500-ft south of Ralph Hall Parkway, and take any action necessary. (1st
Reading)
ordinance for a request by Kevin Patel for a Specific Use Permit (SUP) to
allow for a retail outlet where gasoline products are sold as an accessory
to a retail use, as stipulated by the Scenic Overlay (SOV) District, on a
2.46-acre tract of land described as Lots 1R and 2R of the Woods at
Rockwall Addition, City and County of Rockwall, Texas, located at the
southeast corner of Ridge Road and Yellow J acket Lane, zoned (C)
Commercial district and situated within the Scenic Overlay (SOV) District,
and take any action necessary. (1st Reading) (Applicant requests to
continue to March 4, 2013)

XI. ACTION ITEMS

1. Discuss and consider approval of the contract with Aqua Texas Inc.
regarding purchase of water and sewer systems in Lake Rockwall Estates
subdivision and authorizing the city manager to complete the purchase;
authorizing the staff to initiate the process to obtain financing to pay the
purchase price for the systems; authorizing staff to file applications
required to obtain regulatory approvals relating to the purchase of the
systems; authorizing staff to cause the preparation and completion of the
design and construction of the sewer interconnect required by the
contract; authorizing staff to acquire easements, rights-of-way, and
interests in land required to construct, maintain, and operate the
interconnect, and take any action necessary.

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p.96
p.112
p.129
p.143
p.158
Page 4

2. Discuss and consider adoption of a resolution expressing official intent to
reimburse costs of project for Lake Rockwall Estates system acquisition
3. Discuss and consider approval of a resolution regarding the 2nd
Amendment to protect and defend the constitutional right to keep and
bear arms, and take any action necessary.
4. Discuss and consider hotel/motel tax subcommittee funding
recommendations regarding requests from RACE Advisory Council,
Rockwall Rubber Duck Regatta and Lakeside Civic Chorus and take any
action necessary.

XII. EXECUTIVE SESSION

CODE:

1. Discussions regarding land acquisition in the downtown area for municipal
purposes pursuant to Section 551.072 (deliberations about real property).
2. Discussion regarding deliberation of appointment of City Attorney,
including update from council subcommittee, pursuant to Section 551.074
(personnel matters).

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

XIV. ADJOURNMENT

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

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

I, Kristy Ashberry, 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 February, 2013 at 4:00 p.m.
and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting.

_____________________________________ _________________________
Kristy Ashberry, City Secretary Date Removed
J acky Casey, Assistant Secretary
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p.183
p.187
Monday, February 04, 2013 City Council Minutes
Page 1
MINUTES
City Hall - 385 S. Goliad, Rockwall, Texas 75087

I. CALL PUBLIC MEETING TO ORDER

Mayor Sweet called the public meeting to order at 4:00 p.m. Present were Mayor David
Sweet, Mayor Pro Tem David White and Council Members Jim Pruitt, Mike Townsend,
Michelle Smith, Bennie Daniels and Dennis Lewis. Also present were City Manager Rick
Crowley, Assistant City Managers Mary Smith and Brad Griggs and City Attorney Frank
Garza. Kevin Fowler, board member on the Rockwall Economic Development Corporation
was also present for a portion of Executive Session. Mayor Sweet read the Executive
Session items below into the public record and then immediately recessed the public
meeting into Executive Session.

II. EXECUTIVE SESSION.
CODE:
1. Discussions regarding land acquisition in the downtown area and near or on
Airport Road for municipal purposes pursuant to Section 551.072 (deliberations
about real property).
2. Discussions regarding the purchase and value of real property from Aqua
Operations Inc. regarding the right to serve Lake Rockwall Estates, including
acquisition of easements and the system pursuant to Section 551.072
(deliberations about real property) and Section 551.071 (consultation with
attorney).
3. Discussion regarding negotiations for amended Development Agreement with
Harbor Heights Investors, L.P. within the PD-32 area pursuant to Section
551.071 (consultation with attorney) and Section 551.087 (Economic
Development negotiations).
4. Discussion regarding the assignment and duties of the Municipal Court
Prosecutor pursuant to Section 551.074 (Personnel Matters)
5. Discussion regarding deliberation of appointment of City Attorney pursuant to
Section 551.074 (personnel matters).
6. Discussion regarding the deliberation of appointments of public officers to city
boards & commission pursuant to Section 551.074 (personnel matters) and
Section 551.071 (consultation with attorney).
7. Discussion regarding potential claims by landowners regarding alleged damages
to property pursuant to Section 551.071 (consultation with attorney).
III. ADJOURN EXECUTIVE SESSION

The Council came out of Executive Session at 5:20 p.m.
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MINUTES

IV. RECONVENE PUBLIC MEETING

Mayor Sweet called the public meeting back to order at 6:00 p.m. Present were Mayor David
Sweet, Mayor Pro Tem David White and Council Members Jim Pruitt, Mike Townsend,
Michelle Smith, Bennie Daniels and Dennis Lewis. Also present were City Manager Rick
Crowley, Assistant City Managers Mary Smith and Brad Griggs and City Attorney Frank
Garza.

V. TAKE ANY ACTION AS A RESULT OF EXECUTIVE SESSION

Mayor Pro Tem White made a motion to authorize expenditure from general fund reserves
for payment of the citys obligation rather than use of bond fund proceeds. Councilmember
Townsend seconded the motion. Councilmember Pruitt asked for clarification regarding
what left over bond monies will be utilized for if any funds remain. City Manager Rick
Crowley generally indicated that, in accordance with the bond issuance documents when
the bonds were sold, any leftover bond proceeds would be able to be utilized for public
works-related projects such as roadway and drainage improvements. It was clarified that
$1,244,000.00 will be taken out of reserves to pay the citys obligation. After brief
discussion, the motion passed by a vote of 7 ayes to 0 nays.

Mayor Pro Tem White made a motion to authorize the execution of the Tri-Party Agreement
contingent on the changes directed to the city attorney. Councilmember Townsend
seconded the motion. Councilmember Pruitt asked the City Manager to explain details of
the Tri-Party Agreement. City Manager Rick Crowley indicated that the agreement
recognizes the bank as a party (the lender) to the previous agreements between the city and
the developer of the Trend Tower located in PD-32. It also evidences the banks willingness
to fund the development. The motion then passed by a vote of 7 ayes to 0 nays.

Mayor Pro Tem White made a motion to authorize the execution of the fourth amendment to
the development agreement. Councilmember Townsend seconded the motion.
Councilmember Pruitt asked Mr. Crowley for a brief overview of this development
agreement and this amendment. Mr. Crowley indicated that this amendment isolates the
public infrastructure improvements from the improvements that are being made related to
construction of the building and the parking garage structure. Mr. Crowley further clarified
that this parking garage structure will be attached to and part of the Trend Tower, and
members of the public will be able to utilize the parking garage when visiting The Harbor.
Mr. Crowley indicated that discussion related to construction of this parking structure
began about two years ago, and it began out of the city recognizing the need for additional
public parking, especially during city-hosted special events taking place at The Harbor. Mr.
Crowley further clarified that a previous council approved this development agreement, and
the city did issue bonds related to construction of this parking structure, which will allow
citizens access to about 311 parking spaces once the garage is complete. Mr. Crowley
briefly explained the monetary penalties that the developer will be subject to if certain,
specified deadlines are not met with regards to moving forward with and finalizing
construction of the parking garage structure in accordance with dates specified in the
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agreement. He indicated that the developer has already been subject to $160,000.00 in
penalties for not meeting certain construction-related deadlines, and they will have to pay
an additional $160,000.00 in January of 2014 should they not meet certain, additional
deadlines by that time as well. There being no further discussion, the motion passed by a
vote of 7 ayes to 0 nays.

Mayor Pro Tem White made a motion to authorize execution of the second amendment to
the parking easement. Councilmember Townsend seconded the motion. Councilmember
Daniels asked the city manager to clarify this parking easement amendment. Mr. Crowley
indicated that this second amendment converts the citys interest in the garage to a fifty-
year lease hold estate which allows the project to be funded in accordance with the banks
funding requirements, secures fifty years of parking and reduces the citys annual parking
garage maintenance and operating costs. Mr. Crowley indicated that the public parking
related to this structure will have no cost associated with it. Assistant City Manager Smith
indicated that public parking will be available after 5:00 p.m. Monday through Friday and
then from 5:00 p.m. on Friday until 7:00 a.m. on Monday mornings. After brief discussion
regarding future directional signage pointing the public to the parking garage, the motion
passed by a vote of 7 ayes to 0 nays.

Mayor Pro Tem White made a motion to authorize the execution of the parking lease
contingent on the changes directed to the city attorney. Councilmember Lewis seconded
the motion. Councilmember Pruitt asked for clarification regarding the citys obligations
associated with its public use of the parking garage under this lease agreement. Mr.
Crowley explained that the citys maintenance and operation was initially going to be fifty
percent; however, the citys obligation will be reduced to 39.97 percent with this lease
agreement, which will include shared costs for lighting, clean up and general maintenance
of the garage. This lease agreement will be for a period of fifty years. Mr. Crowley indicated
that if any security is needed during public use of the parking garage during a city-
sponsored event, the city will cover these costs. However, if security is needed during
daytime, weekday hours, the building owner will provide said security. After brief
discussion, the motion passed by a vote of 7 ayes to 0 nays.

VI. INVOCATION AND PLEDGE OF ALLEGIANCE COUNCILMEMBER TOWNSEND

Councilmember Townsend delivered the invocation and led the Pledge of Allegiance.

VII. PROCLAMATIONS / AWARDS

1. Black History Month

Mayor Sweet read the proclamation and declared the month of February as Black History
Month in the City of Rockwall.

VIII. OPEN FORUM

Mayor Sweet explained how Open Forum is conducted, and asked if anyone would like to
come forth to address the council at this time. There being no one to come forth, Mayor
Sweet closed Open Forum.

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IX. CONSENT AGENDA

1. Consider approval of the minutes from the J anuary 22, 2013 regular city
council meeting, and take any action necessary.
2. Consider authorizing the City Manager to enter into a contract extension with
Clean Harbors Inc. to manage Household Hazardous Waste Collection Day
April 20, 2013 and take any action necessary.
3. Consider authorizing the City Manager to execute documents granting
easements to Oncor Electric Delivery for service in Planned Development 32
4. Consider approval of an interlocal agreement with Rockwall County for 2013
septic system inspection services, and take any action necessary.
5. Consider approval of change order #5 to the contract with Tiseo Paving
Company for improvements to Airport Road to be funded by 2005 bonds,
Mayor Pro Tem White pulled item #2 for further discussion.
Mayor Pro Tem White then made a motion to approve the remaining Consent Agenda items
(#1, 3, 4, and 5). Councilmember Smith seconded the motion.
Regarding Consent Item #3, Councilmember Pruitt pointed out that soon the city will be
asking Oncor to make some easement-related concessions to the city related to land
located near the municipal airport. After this brief input, the motion passed by a vote of 7
ayes to 0 nays.
Regarding Consent Agenda item #2, Mayor Pro Tem White asked for clarification regarding
the cost associated with hosting this event. After said clarification was given by Assistant
City Manager Mary Smith, Mayor Pro Tem White then made a motion to approve Consent
Agenda item #3. Councilmember Pruitt seconded the motion. After brief discussion, the
motion passed by a vote of 7 ayes to 0 nays.

X. APPOINTMENTS

1. Appointment with Lakeside Civic Chorus to report on Fall 2012 events
funded by Hotel Occupancy Tax revenues, and take any action necessary.
Dee Ann Ginn
14168 Equestrian Trail
Lavon, Texas

Ms. Ginn came forth and provided a briefing to the council related to the Civic Chorus fall
events, including several Christmas caroling and concert events that were held.

Mayor Pro Tem White asked for clarification regarding how many overnight hotel stays may
have been associated with these events. Ms. Ginn generally indicated that there was one
known overnight hotel stay. After brief discussion, the Council took no action related to
this item.

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2. Appointment with J an J ohnson, Historic Preservation Advisory Board
Chairperson, to discuss the annual progress report of the Historic Board's
initiatives and the proposed historic medallion program, and take any action
necessary.
Planning Director Robert LaCroix indicated that Mrs. Johnson is ill and unable to attend
tonights meeting. Therefore, this item was not addressed by council, and no action was
taken.
3. Appointment with Scott Self to discuss and consider authorizing the City
Manager to amend the current franchise agreement between the City of
Rockwall and "Sail With Scott, LLC." for the addition of a new, tourism
related sailboat at The Harbor and other matters relating to the boat
operations and take any action necessary.
Scott Self
319 Harbor View Drive
Rockwall, Texas

A little over 58,000 people have sailed. $15,300 in revenue was generated for the city
through the franchise agreement.

Mayor Pro Tem White made a motion to approve this item. Councilmember Smith seconded
the motion.

Mr. Self indicated that he is working with the city to arrange for a possible fireworks show at
the end of each Concert by the Lake beginning in May.

Mayor Sweet asked for clarification regarding the additional boat dock that Mr. Self seeks to
have at The Harbor. Assistant City Manager Brad Griggs explained the details of the dock.
Mr. Self indicated that the boat has been purchased from a seller in New York, and it should
be in the water at The Harbor by March 1. He explained that this is a carbon fiber boat that
goes twice the speed of the wind, and it will be a thrill ride type of boat. After discussion,
the motion to approve passed by a vote of 7 ayes to 0 nays.

4. Appointment with Matt Weatherly of Public Sector Personnel Consultants
(PSPC) to hear review of the city's historical criteria for selecting comparison
cities and to discuss and consider adoption of new comparison market cities
for the citywide compensation study as authorized by Council, and take any
action as necessary.
Mr. Weatherly came forth and introduced himself, thanking the council for the opportunity
to speak with them this evening regarding identification and selection of comparative
market cities related to the employee compensation study.

Mayor Sweet asked the Director of Administrative Services, Cheryl Dunlop, for clarification
regarding if any of the cities that have dropped off the list of comparable cities may need to
be added back moving forward.

Mr. Weatherly explained that if the city council is comfortable with these eight cities, he
would like to proceed with creating a custom survey database for as many specific job
positions as possible in an attempt to do an analysis of entry and top out pay ranges for
every position.

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Mayor Pro Tem White asked how often a study like this is conducted, and Mr. Crowley
indicated that the last year it was conducted was about 2005. He also asked for a synopsis
of how much turn over the city experiences and its purpose. Mr. Crowley indicated that the
city does not have tremendous turnover; however, some positions to turn over pretty
often. Mr. Weatherly explained that the studys purpose is to ensure internal equity and
external competitiveness. Administrative Services Director, Cheryl Dunlop, indicated that
the cost of the study is about $22,000.00. Mr. Crowley indicated that the council previously
requested that staff move forward with this compensation study, and it will be beneficial to
both staff and the council. Brief discussion took place related to Frisco and its population
and growth over recent years.

Mayor Pro Tem White made a motion to approve and move forward with the following eight,
comparable cities as related to this compensation study: Allen, Coppell, Grapevine,
Lewisville, Mansfield, Richardson, Rowlett and Wylie.

Councilmember Smith seconded the motion, which, after brief discussion, passed by a vote
of 7 ayes to 0 nays.

XI. ACTION ITEMS

1. Discuss and consider a request from Mrs. Christy J ones for approval of a
front yard fence to be located at 608 Washington, and take any action
necessary.
Building Official Jeffrey Widmer provided background information related to this item,
indicating that any front yard fence in a residential area requires city council approval.
Mayor Pro Tem White made a motion to approve the front yard fence. Councilmember
Smith seconded the motion. After brief discussion, the motion to approve passed by a vote
of 7 ayes to 0 nays.
2. Discuss and consider an update related to the countywide traffic planning
consortium, including associated road projects, and take any action
necessary.
Mr. Crowley began discussion of this item, indicating that a countywide traffic planning
consortium is in place, and it is made up of elected officials from throughout Rockwall
County. Through this joint planning effort, a great deal of state funding has been received
in Rockwall County to help fund state roadway projects within the county. Mr. Crowley then
provided the council with a description of each of the roadway projects that are in the
planning or construction phases as well as those projects currently being discussed and
identified through the consortium for state funding. After a lengthy explanation, Mr.
Crowley generally indicated that the planning consortium had asked for input from each city
in the county with regards to two projects they would like the county to consider funding
through the countys road bonds. The Rockwall City Council presented projects, and two
of them - SH-205 South from Tubbs Road to FM-549 and East FM-3097 from Tubbs Road to
FM-3549 was placed on the countys plans as a Tier III project for planning and funding
consideration. Mr. Crowley indicated that SH-66 public hearings will be held by TXDOT the
end of this month, but there is no funding yet available for this very expensive project. Mr.
Crowley discussed construction and funding options for SH-66. He also touched on future
efforts to improve safety at intersections along SH-66 at John King Boulevard. He indicated
that this intersection has just been approved by TXDOT for signalization. Mr. Crowley also
spoke about the need for the city to consider modifying its thoroughfare plan related FM-
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3549 north of the interstate to change it from a six lane, divided roadway to a four lane,
divided roadway.
Additional discussion took place related to future reconstruction of SH-66.
Councilmember Smith made a motion to modify the citys thoroughfare plan to change
future plans for FM-3549 from a six lane, divided roadway to a four lane, divided roadway.
Councilmember Daniels seconded the motion, which passed by a vote of 7 ayes to 0 nays.
Councilmember Smith made a motion to direct Mayor Sweet to weigh in and formally
provide input to the Countywide Traffic Planning Consortium regarding alternatives for SH-
66, including the City of Rockwalls desire to have the SH-66 roadway resurfaced and stay
within the existing right of way through a major maintenance program and to weigh in on
desired safety improvements on SH-66 / John King Boulevard. Mayor Pro Tem White
seconded the motion. The motion passed by a vote of 7 ayes to 0 nays.

XII. CITY MANAGERS REPORT TO DISCUSS CURRENT CITY ACTIVITIES, UPCOMING MEETINGS,
FUTURE LEGISLATIVE ACTIVITIES, AND OTHER RELATED MATTERS.

1. Departmental Reports
Animal Adoption Center Report - December 2012
Building Inspections Monthly Report - December 2012
Finance Department Monthly Report - December 2012
Fire Department Annual Report 2012
Fire Dept. 2012 Annual Report - Points of Pride
Fire Dept. 2012 Annual Report - Manpower on structure calls
Harbor PD Report - December 2012
Internal Operations Department Monthly Report - December 2012
Police Department Monthly Report - December 2012
Recreation Monthly Report - December 2012
2. City Managers Report
The City of Rockwall has received notice that it has been designated as a Certified Local
Government by the Department of the Interior, which puts the city in a good position for
possible, future grand funding. The court remodel is near completion (approximately three
weeks away), and the remodel work taking place at the existing police building will take an
estimated, additional ten weeks to complete. Work related to funding authorized by the ci ty
council related to Tuttle Park ball fields is almost complete. The City was recognized with
the Gold Achievement Award by the American Heart Association as a Fit Friendly Work
Site. Engineering plans have been completed and submitted to TXDOT Aviation related to
drainage improvements at the Rockwall Municipal Airport. In addition, the traffic study by
the state related to SH-66 has shown that a traffic light at the intersection of SH-66 at John
King Boulevard is warranted and will be included in TXDOTs plans, though we do not yet
have a schedule for installation. Rockwall County Days in Austin is coming up soon as
well.
Mayor Sweet recessed the public meeting and called for the Council to go back into
Executive Session at 7:45 p.m. Mayor Sweet then read the following Executive Session
discussion items into the public record.

14
14
Page 8
XIII. EXECUTIVE SESSION

CODE:
1. Discussions regarding land acquisition in the downtown area and near or on
Airport Road for municipal purposes pursuant to Section 551.072 (deliberations
about real property).
2. Discussions regarding the purchase and value of real property from Aqua
Operations Inc. regarding the right to serve Lake Rockwall Estates, including
acquisition of easements and the system pursuant to Section 551.072
(deliberations about real property) and Section 551.071 (consultation with
attorney).
3. Discussion regarding negotiations for amended Development Agreement with
Harbor Heights Investors, L.P. within the PD-32 area pursuant to Section
551.071 (consultation with attorney) and Section 551.087 (Economic
Development negotiations).
4. Discussion regarding the assignment and duties of the Municipal Court
Prosecutor pursuant to Section 551.074 (Personnel Matters)
5. Discussion regarding deliberation of appointment of City Attorney pursuant to
Section 551.074 (personnel matters).
6. Discussion regarding the deliberation of appointments of public officers to city
boards & commission pursuant to Section 551.074 (personnel matters) and
Section 551.071 (consultation with attorney).
7. Discussion regarding potential claims by landowners regarding alleged damages
to property pursuant to Section 551.071 (consultation with attorney).
XIV. RECONVENE PUBLIC MEETING & TAKE ANY ACTION AS RESULT OF EXECUTIVE SESSION

Council came out of Executive Session, and Mayor Sweet reconvened the public meeting at
8:23 p.m. Mayor Pro Tem White made a motion to approve the Municipal Court Prosecutor
agreement. Councilmember Pruitt seconded the motion. Councilmember Pruitt asked for
clarification regarding this agreement. Mr. Crowley indicated that the hourly rate will be set
at $115 an hour, which is similar to our past city attorneys rate. The motion passed by a
vote of 7 ayes to 0 nays.

XV. Adjournment

The public meeting was adjourned at 8:26 p.m.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL,
TEXAS, this 4th day of February, 2013.

__________________________
ATTEST: David Sweet, Mayor

_______________________________
Kristy Ashberry, City Secretary

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15

THIS PAGE INTENTIONALLY LEFT BLANK
16
16

CITY OF ROCKWALL, TEXAS
MEMORANDUM

TO: Brad Griggs, Assistant City Manager

FROM: Andy Hesser, Parks and Recreation Manager

DATE: February 12, 2013

SUBJECT: MANDATORY PARK LAND DEDICATION FEES

A component of our Mandatory Park Land Dedication Ordinance is the cash in lieu of
land fee. This fee is applied when the Park Board feels that it is in the best interest of the
City to accept cash-in-lieu of land for neighborhood parkland. According to our
Mandatory Parkland Dedication Ordinance, the Park Board shall annually make a
recommendation to the City Council and Council will set the fee by resolution. The fee
is based on the average cost of neighborhood park land across the entire City.

Bryan E. Humphries and Associates completed their appraisal in J anuary to determine
the average cost. The property must not be within the 100 year flood plain and not
possess any unusual topography rendering the land useless for organized recreational
activities. According to Mr. Humphries, the average cost of one acre of neighborhood
park land with the above restrictions within the City is $28,000.

At the February 5
th
2013 meeting, Park Board recommended setting the fee for 2013 at
$28,000 per acre. Park Board also recommended that the Pro-rata Equipment Fee
portion of the ordinance remain at $1,050,000 for the cost of developing a typical 11
park. $525,000.00 would be the per neighborhood park cost to be used in calculation
of pro-rata neighborhood park development equipment fees associated with the
developers share of the park.

I have attached the appraisal letter completed by Mr. Humphries and the resolutions
for the City Council to set the fee at $28,000 per acre. Please let me know if you need
additional information.

17
17

RESOLUTION NO. 13-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROCKWALL, TEXAS ESTABLISHING THE COST PER ACRE
TO BE USED IN CALCULATION OF A NEW DEVELOPMENTS
PRO RATA SHARE CONTRIBUTION FOR NEIGHBORHOOD
PARK LAND; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Rockwall desires to provide a park system which includes
adequately sized and appropriately equipped Neighborhood Parks, and

WHEREAS, the City of Rockwall has adopted a Park and Recreation Master Plan
designed to facilitate development of its Park Systems, and

WHEREAS, the City of Rockwall adopted Ordinance No. 99-20, Mandatory
Neighborhood Parkland Dedication Ordinance, designed to facilitate participation by developers
(on a pro-rata basis) in acquisition and development of neighborhood parks, and

WHEREAS, said ordinance provides that the City Council shall annually adopt a
resolution establishing the cost per acre to be used in calculation of a new developments pro
rata share contribution for neighborhood park land;

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

Section 1. Based upon a recommendation of the City of Rockwall Parks and Recreation
Board, $28,000.00 is hereby adopted as the cost per acre park development cost to be used in
calculation of pro-rata neighborhood park development matters associated with Ordinance No.
99-20.

Section 2. This resolution shall be in force and effect from and after its passage and it
is accordingly so resolved.

TEXAS THIS 18
th
day of February, 2013.

David Sweet, Mayor

ATTEST:

18
18
BRYAN E. HUMPHRIES & ASSOCIATES
REAL ESTATE VALUATION AND SERVICES

J anuary 25, 2013

Andy Hesser, Parks and Recreation Manager
City of Rockwall
108 E. Washington
Rockwall, TX 75087

Re: Average Price Per-Acre of Land in the City of Rockwall
City of Rockwall, Rockwall County, Texas

Dear Mr. Andy Hesser,

We are pleased to transmit this gross market study/real property appraisal consulting report that
was prepared for the purpose of valuing typical parkland in the City of Rockwall. This parkland
is typically five acres and in the early stages of development. Please refer to identification of
project on page 4 for further explanation of the project scope. This report is a gross market study
(real property appraisal consulting report) and does not involve analysis of or the inspection of a
physical subject property. The purpose of this gross market study is to derive an opinion of a fee
simple market value of the average price per-acre of land in the City of Rockwall, as set forth in
the City of Rockwall Park Land Dedication Ordinance, Section 24-45 (b). The effective date of
this gross market study is J anuary 1, 2013.

The client should not conclude that an appraisal has been prepared, and this report should not be
used for condemnation purposes. This consulting report is only intended to assist the City of
Rockwall, in establishing a general value trend and current market value of the average price per-
acre of land in the City of Rockwall.

4054 McKinney Avenue, Suite 210, Dallas, Texas 75204

214/528-7584 E-Mail: behinc@flash.net FAX 214/528-2921
19
19

City of Rockwall Market Study continued

Our opinion of market value is premised upon the Assumptions and Limiting Conditions outlined here-
in. The definition of market value may be found in Addendum A. The report has been prepared in
conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Standards
of Professional Practice of the Appraisal Institute. This consulting assignment has been developed and
reported in conformity with Standards Rules 4 and 5 of USPAP. Again, it should be noted that this
assignment provides an analysis of general land value and value trend. The assignment considers sales
and listing data available from the North Texas Multiple Listing Service as well as information gathered
from interviews with knowledgeable real estate brokers and salespeople.

Based on the analysis contained within this report, considering the nature of the analyzed market areas,
it is our opinion that the approximate value for the average price-per acre of land in the City of Rock-
wall, as of January 1, 2013, is:
$28,000

If you have any questions or comments, please contact the undersigned. Thank you for the opportunity
to be of service

Respectfully submitted,
BRYAN E. HUMPHRIES AND ASSOCIATES

Bryan E. Humphries, MAI
President
TX-1320676-G

20
20

MARKET STUDY
REAL PROPERTY APPRAISAL CONSULTING REPORT

Prepared For

City of Rockwall
108 E. Washington
Rockwall, Texas, 75087

MARKET STUDY
Average Price Per-Acre of Land in the City of Rockwall
The City of Rockwall, Rockwall County, Texas

EFFECTIVE DATE OF CONSULTING ASSIGNMENT:
JANUARY 1, 2013

Prepared By

Bryan E. Humphries & Associates
4054 McKinney Avenue
Suite 210
Dallas, Texas 75204
21
21
22
22
BRYAN E. HUMPHRIES & ASSOCIATES
REAL ESTATE VALUATION AND SERVICES

J anuary 25, 2013

City of Rockwall
108 E. Washington
Rockwall, TX 75087

Re: Average Price Per-Acre of Land in the City of Rockwall
City of Rockwall, Rockwall County, Texas

Dear Mr. Andy Hesser,

We are pleased to transmit this gross market study/real property appraisal consulting report that
was prepared for the purpose of valuing typical parkland in the City of Rockwall. This parkland
is typically five acres and in the early stages of development. Please refer to identification of
project on page 4 for further explanation of the project scope. This report is a gross market study
(real property appraisal consulting report) and does not involve analysis of or the inspection of a
physical subject property. The purpose of this gross market study is to derive an opinion of a fee
simple market value of the average price per-acre of land in the City of Rockwall, as set forth in
the City of Rockwall Park Land Dedication Ordinance, Section 24-45 (b). The effective date of
this gross market study is J anuary 1, 2013.

The client should not conclude that an appraisal has been prepared, and this report should not be
used for condemnation purposes. This consulting report is only intended to assist the City of
Rockwall, in establishing a general value trend and current market value of the average price per-
acre of land in the City of Rockwall.

4054 McKinney Avenue, Suite 210, Dallas, Texas 75204

214/528-7584 E-Mail: behinc@flash.net FAX 214/528-2921
23
23

City of Rockwall Market Study continued

Our opinion of market value is premised upon the Assumptions and Limiting Conditions outlined here-
in. The definition of market value may be found in Addendum A. The report has been prepared in
conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) and the Standards
of Professional Practice of the Appraisal Institute. This consulting assignment has been developed and
reported in conformity with Standards Rules 4 and 5 of USPAP. Again, it should be noted that this
assignment provides an analysis of general land value and value trend. The assignment considers sales
and listing data available from the North Texas Multiple Listing Service as well as information gathered
from interviews with knowledgeable real estate brokers and salespeople.

Based on the analysis contained within this report, considering the nature of the analyzed market areas,
it is our opinion that the approximate value for the average price-per acre of land in the City of Rock-
wall, as of January 1, 2013, is:
$28,000

If you have any questions or comments, please contact the undersigned. Thank you for the opportunity
to be of service

Respectfully submitted,
BRYAN E. HUMPHRIES AND ASSOCIATES

President
TX-1320676-G

24
24
Humphries & Assoc. 1 D-20-C/12-3275
TABLE OF CONTENTS

Page No.
Table of Contents ......................................................................................... 1
Certification ................................................................................................ 2
General Information & Scope of Work
Identification of Subject and Project .................................................................... 3
Inspection Information, Effective Date and Date of Report ........................................ 3
Identification of the Client ................................................................................ 3
Intended Users and Intended Use ....................................................................... 3
Objective of the Assignment ............................................................................. 3
Appraisal Report Option .................................................................................. 4
Analysis Overview ......................................................................................... 4
Extraordinary Assumptions............................................................................... 4
Jurisdictional Exceptions .................................................................................. 5
Hypothetical Conditions .................................................................................. 5
Residential Market Analysis .............................................................................. 7
Data Analysis .............................................................................................. 12
Conclusion of Value ...................................................................................... 19
Addenda
Qualifications of Appraisers ............................................................... Addendum A
Assumptions and Limiting Conditions .................................................... Addendum B
Park Land Dedication Ordinance .......................................................... Addendum C

25
25

Humphries & Associates 2 D-20-C/12-3275
CERTIFICATE
I certify that, to the best of my knowledge and belief,...

The statements of fact contained in this report are true and correct.

-The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, unbiased
professional analyses, opinions, and conclusions.
-As of the date of the appraisal only, I have no present or prospective interest in the
property that is the subject of this report, and I have no personal interest or bias with
respect to the parties involved.
-We have no bias with respect to the property that is the subject of this report or to the
parties involved with this assignment.
-My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
-My compensation for completing this assignment is not contingent on the development
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence of a subsequent event directly related to the intended use of this appraisal.
-Bryan Humphries has made a personal inspection of the property that is the subject of
this report.
-No one provided significant real property appraisal assistance to the persons signing
this certificate.
-I have not performed a previous appraisal involving the subject property within the
three years prior to this assignment.
-The report analysis, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics and
the Uniform Standards of Professional Appraisal Practice of the Appraisal Institute.
-The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
-As of the date of this Study, I have completed the requirements of the continuing
education program of the Appraisal Institute.

TX-1320676-G
26
26
Bryan Humphries & Associates 3 D-20-C/12-3275
GENERAL INFORMATION & SCOPE OF WORK

Identification of Subject and Project
The subject property is a typical, underdeveloped, Parcel in the City of Rockwall. The parcel
represents the average in the City of Rockwall, as set forth in the City of Rockwall Park Land
Dedication Ordinance, Section 24-45 (b). According to the ordinance, from time to time,
developers must dedicate land to the City of Rockwall in order to meet the need for park land in
the area. If the dedication is not feasible, the developers must then give the City cash in liew of
land that is reflective of typical residential land in Rockwall. The client has indicated that this
average residential land is typically 5 acres and in the early stages of development.

Inspection Information, Effective Date and Date of Report
This analysis does not involve a physical subject property, only a hypothetical property, thus no
inspection is required. The effective date of the assignment is January 1, 2013. The date of the
report is the date of the signature on the first page of this report. Unless otherwise stated, all
factors pertinent to a determination of value are considered as of this date.

Identification of the Client/Intended User
This real property appraisal consulting report is prepared for the City of Rockwall, Mr. Andy
Hesser, 108 E. Washington, Rockwall, Texas 75087.

Objective of the Assignment/Intended Use
This consulting assignment is only intended to assist the client in establishing an average price
per-acre of land. The client should not conclude that an appraisal has been prepared, and this
report should not be used for condemnation purposes.

27
27
General Information & Scope of Work, continued

Appraisal Report Option
This is a real property appraisal consulting assignment that complies with the reporting
requirements set forth under Standard 5 of the Uniform Standards of professional Appraisal
Practices (USPAP). As such, it presents sufficient information to enable the client and other
intended users, as identified, to understand it properly. The depth of discussion contained in this
report is specific to the needs of the client and the intended users of this property appraisal
consulting report.
Analysis Overview
As part of this consulting assignment, we have completed the following steps to gather, confirm,
and analyze the data.
Physically inspected the subject markets and the surrounding neighborhoods.
Collected factual information about the surrounding market and confirmed that
information with various sources.
Collected market information needed to consider the three traditional approaches to
value: Cost approach, sales comparison approach and income capitalization approach (if
applicable).
Prepared a real property appraisal consulting report setting forth the conclusion derived in
this analysis as well as a summary of the information upon which the conclusions are
based.
Extraordinary Assumptions
An extraordinary assumption is something that is assumed to be true, but it is not certain. If it
turns out to be untrue, the value conclusion could be impacted. Extraordinary assumptions are
those assumptions that are specific to the assignment, as opposed to general assumptions, which
could be applicable to any assignment. In this assignment, we have assumed typical general
assumptions and limiting conditions as cited above. In this particular assignment, the following
extraordinary assumptions were made:
Sales and listing data obtained from the Multiple Listing Service is deemed to be
sufficiently reliable data to establish overall market trends and the current market value
of an average, price per-acre of land. While some knowledgeable real estate brokers and
salespeople have been contacted to obtain and confirm data, the reader should be aware
that not all of the sales and listing data analyzed was independently confirmed.
28
28
General Information & Scope of Work, continued

The client should not conclude than an appraisal has been prepared, and this consulting
report should not be used for condemnation purposes. This gross market study (real
property appraisal consulting report) is only intended to assist the City of Rockwall in
establishing a general value trend and current market value of an average price per-acre
in the City of Rockwall.
The purpose of this consultation report is to establish the average price per acre of land in
the City of Rockwall. As set forth in the City of Rockwall, Park Land Dedication
Ordinance, Section 24-45(b). However, it is beyond the scope of this consultation report
to estimate the actual costs of adjacent street and site utilities as stated in the ordinance
(see addenda).
Jurisdictional Exceptions
The Jurisdictional Exception Rule provides for severability preserving the balance of the
Uniform Standards of Professional Appraisal Practice (USPAP). If one or more parts of USPAP
are contrary to the law or public policy of any jurisdiction, only that part shall be void and of no
force or effect in that jurisdiction. According to USPAP, A law means a body of rules with
binding legal force established by the controlling governmental authority. This includes federal
and state constitutions, legislative and court made law, administrative rules, regulations and
ordinances. In this assignment, there are no known conflicts of law or public policy that
disregard the USPAP.
Hypothetical Conditions
A hypothetical condition is that which is contrary to what exists but is supposed for the purpose
of analysis. In this particular assignment, the following hypothetical condition was made:
For purposes of this analysis, the subject property is a hypothetical, undeveloped, parcel
in the City of Rockwall.

29
29

30
30

Residential Market Analysis

Boundaries

The neighborhood boundaries are generally defined as follows:
City of Rockwall (Urban)
Outlying areas of the City of Rockwall (Suburban)

Development Activities and Trends

Residential development comprises approximately 80% of the development in Rockwall.
According to ESRI, the average 2010 home price within a 1-mile, 3-mile, and 5-mile
radius of the Subject is $220,215, $233,433, and $201,588, respectively.

Recent single family building permit activity in Rockwall County summarized as
follows:

Rockwall MSA Single Family Building Permits1
Year Units % Change Average Value % Change
2000 955 - $194,400 -
2001 1.267 32.7% $171,000 -12%
2002 1,224 -3.4% $171,000 0.0%
2003 1,219 -0.4% $168,500 -1.5%
2004 1,598 31.1% $168,100 -0.2%
2005 1,756 9.9% $183,400 9.1%
2006 1,190 -32.2% $201,800 10.0%
2007 759 -36.2% $240,200 19.0%
2008 589 -22.4% $192,800 -19.7%
2009 545 -7.5% $166,500 -13.6%
2010 489 -10.3% $200,800 20.6%
2011 411 -16.0% $233,800 16.4%
YTD Sept. 2012 487 $249,244 6.6%
1Data provided by Texas A&M Real Estate Center

As indicated by the preceding chart, new single family home activity peaked in 2005 at
1,756 permits. Building permit activity dropped significantly in 2006, 2007, and 2008,
but slowed to 7.5% in 2009. New construction continued to decline in 2010, but appears
to have bottomed in 2011 with 411 homes as 487 building permits were issued through
September 2012.

Demographic Trends

Population growth in Rockwall County had been slow in relation to the Dallas-Fort
Worth CMSA after Lake Ray Hubbard was impounded in the 1960s. That changed
when IH-30 was upgraded and the bridge widened in the 1990s. While the entire county

31
31

Residential Market Analysis, continued

has benefited, most of the growth has taken place along or near IH-30, and from west to
east. Access remains an important factor in Rockwall Countys growth pattern.

Area 1980 1990 2000 2010 2000 to 2010
% Change
2000 to 2010
Annual
%Change
Estimated
2012
City of Fate NA 477 463 6,357 1273.0% 29.9% 6,870
City of Heath 1,459 2,108 4,149 6,921 66.8% 5.3% 7,170
City of Rockwall 5,939 10,486 17,976 37,490 108.6% 7.6% 38,290
City of Rowlett 7,522 23,260 44,503 56,199 26.3% 2.4% 56,310
City of Royse City 1,566 2,206 2,957 9,349 216.2% 12.2% 9,390
Rockwall County 14,528 25,600 43,080 78,337 81.8% 6.2% 80,270
Source: U.S. Bureau of the Census & State of Texas

The population in the City of Rockwall increased 7.6% annually from 2000 to its 2010
level of 37,490. The Rockwall County grew 6.2% annually to 78,337 during the same
period.

Demographics

The following chart summarizes demographic data in the Subject Neighborhood. The
data was provided by ESRI, Inc., and is based on demographics in a 1,3, and 5-mile
radius within the City of Rockwall.
32
32


2010-2011 Demographic Data (Source, ERSI, Inc.)
Item 1 Mile 3 Mile 5 Mile
2000 Population 3,030 19,683 49,394
2011 Population 7,345 34,241 79,396
2000-2011 Population 142.4% 74.0% 60.7%
Projected 2016 Population 8,449 39,226 88,737
Projected 5-Year Growth Rate 15.0% 14.6% 11.8%
2011 Households 2,824 12,254 26,836
2011 Average Household Size 2.58 2.77 2.93
2011 Median Household Income $56,640 $71,486 $79,472
2011 Average Household Income $71,918 $93,710 $97,977
2011 Per Capita Income $28,012 $33,653 $33,380
2010 Housing Units 2,604 13,656 27,822
2010 Owner Housing Units 50.9% 68.5% 76.3%
2010 Renter Occupied Housing Untis 40.1% 23.3% 17.5%
2010 Vacant Housing Units 9.0% 8.1% 6.2%
Projected 2015 Housing Units 3,187 16,925 33,495
2010 Median Home Value $220,215 $233,433 $201,588
2010 Employed by Industry 3,019 14,623 33,187
Agriculture/Mining 0.5% 1.0% 0.9%
Construction 10.3% 8.5% 8.0%
Manufacturing 10.0% 10.3% 10.0%
Wholesale Trade 3.8% 4.1% 3.8%
Retail Trade 11.1% 11.1% 11.3%
Transportation/Utilities 3.5% 3.6% 4.5%
Information 3.8% 3.6% 3.5%
Finance/Insurance/Real Estate 9.5% 10.2% 10.0%
Services 43.0% 42.9% 43.5%
Public Administration 4.5% 4.8% 4.4%
See addenda for more demographic data

The following data is compiled from the North Texas Real Estate Information Systems
and analyzed by the Real Estate Center at Texas A&M University. According to the data
as of December 2012 (includes residential, commercial and farm and ranch) the number
of closed transactions year-to-date for lots and vacant land in the Rockwall market area
has increased 38% and the average price has decreased -1%. The average sold to list

33
33


price has gone unchanged and the average days on market has decreased 14%. Pending
sales have increased by 64% and inventory has decreased. The increase in pending sales
is a good indicator of possible increased transaction levels in the coming months.
YeartoDateSalesClosedbyAreafor:December2012
LotsandVacantLandPart1
Area Sales %Change
YearAgo
Dollar
Volume
%Change
YearAgo
Average
Price
%Change
YearAgo
Median
Price
%Change
YearAgo
34 120 38% $11,112,600 36% $92,605 1% $54,900 22%

Area Price
perSF
%Change
YearAgo
SoldtoList
Price
%Change
YearAgo
Coop
Sales
%Change
YearAgo
DOM %Change
YearAgo
34 82% 12% 38% 2% 245 14%

Area Pending
Sales
%Change
YearAgo
New
Listings
%Change
YearAgo
Active
Listings
%Change
YearAgo
Months
Inventory
%Change
YearAgo
34 125 64% 428 14% 448 20% 44.8 42%

The following data is also compiled from the North Texas Real Estate Information
Systems and analyzed by the Real Estate Center at Texas A&M University. According to
the data as of December 2012 the number of closed transactions year-to-date for single
family residences in the Rockwall market area has increased 17% and the average price
has remained flat. The average price per square foot has increased 3% and the average
days on market has decreased 16%. Pending sales have increased 12% and months of
inventory has decreased 32%.
SingleFamilyPart1
Area Sales %Change
YearAgo
DollarVolume %Change
YearAgo
Average
Price
%Change
YearAgo
Median
Price
%Change
YearAgo
34 1337 17% $297,589,460 17% $220,258% 0% $181,900 4%

34
34


SingleFamilyPart11
Area Price
perSF
%Change
YearAgo
SoldtoList
Price
%Change
YearAgo
Coop
Sales
%Change
YearAgo
DOM %Change
YearAgo
34 84 3% 96% 1% 81% 1% 83 16%

SingleFamilyPart111
Area Pending
Sales
%Change
YearAgo
New
Listings
%Change
YearAgo
Active
Listings
%Change
YearAgo
Months
Inventory
%Change
YearAgo
34 1201 1 2078 3% 547 20% 4.9 32%

Conclusions
Rockwall has shown strong population growth over the past twenty years and
employment trends are positive. The area is rapidly being developed with commercial
and residential uses. In the future, Rockwall County is anticipated to be one of the fastest
growing areas of the metropolis. The neighborhood is considered to be in a growth life
stage and the overall aspects are considered to be good.

35
35
DATA ANALYSIS

Description and Analysis of the Subject
For purposes of this analysis, the subject property is a typical, undeveloped, parcel in the City of
Rockwall. According to the client, the City of Rockwall will be using the data to value
parklands ranging in size from 1 to 10 acres. The client instructed the appraisers to base
adjustments on a typical 5 acre residential parcel.

Description of the Data and Analysis
The purpose of this analysis is to determine the average value of a residential, undeveloped,
parcel within the City of Rockwall. The parcel is assumed to have paved street access, utilities
and to be in the early stages of development.
Sales and listing data was obtained from the Multiple Listing Service. Our queried data included
all residential land sales from one tenth of an acre to twenty acres in the City of Rockwall.
Included within the data are land sales of parcels improved with typical subdivision infra-
structure (i.e. paved streets, utilities, engineering, platting, etc.) and those that do not have these
improvements. These sales have been adjusted to reflect their condition above and below the
average undeveloped parcel. Within our analysis we have also considered historical land sale
prices and trends as these are good indicators of current prices and prices going forward and
provide a helpful frame of reference for the overall market. Other factors considered and
adjusted for within the sales data include parcel size and location.
Our queries presented the following raw data. The data is not adjusted to reflect the average,
undeveloped parcel. The raw average price per acre is heavily biased and influenced by sales of
lake front lots.
2010 2011 2012
TotalSales 51 79 90
SaletoListRatio 83% 85% 88%
Avg.PricePerAcre $139,558 $75,231 $59,877
Avg.DaysonMarket 304 371 90
PercentageofSaleUnder1Acre 33.33% 45.57% 36.67%

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36
Data Analysis, continued

A trend analysis of the raw price per acre of all lot sale listed in MLS from 2010 to 2012
suggests the price trend is to be to slightly increasing. The data set was 220 sales. However,
little weight should be given in this data as it is heavily upward biased because of small lots
located on or near the lake which sale at a premium price due to location and higher unit prices
due to economies of scale. Likewise, at the other end of the spectrum, a few sales sold for
$200,000+. Many of the sales were located within Rockwall County but not in the City of
Rockwall. In an attempt to reduce the skewing, the data set used in the analysis is refined to sales
greater than 1 acre up to 20 acres that sold for less than $200,000 per acre. Only lot sales stated
by MLS to be in the City of Rockwall were considered. For the 2010 thru 2012 time period the
data set is narrowed to sales. The following chart reflects the trend of these sales. The data
indicates that not only has the velocity of acre sales increased but also the price. The data would
indicate that the lots sales from 2010 to 2012 had a declining trend. However, this is somewhat
misleading because the data appears to be skewed by several high priced lot sales in 2010 &
2011. The average price per acre unadjusted was $31,617/Ac.
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y=15.285x+648781
R=0.0643
$0.00
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$50,000.00
$60,000.00
$70,000.00
$80,000.00
$90,000.00
$100,000.00
7/6/09 1/22/10 8/10/10 2/26/11 9/14/11 4/1/12 10/18/12 5/6/13
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Date
2010 2012RawPerAcreSales
Series1
Linear(Series1)

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The largest number and most recent sales of lots is the 2012 data set. The analysis will focus on
the 2012 sales. This data set contains 34 sales that MLS lists as in the City of Rockwall.
The data will first be adjusted for location and in infrastructure. These adjustments considered
information included in the detail MLS write up sheets. . The average price per acre adjusted
for location and infrastructure was $30,406.
The next adjustment is a lot size adjustment. The following chart represents the size adjustment
of the data set.

12.5acres,
$20,302
2.55Acres,
$17,380
57.5acres,
$17,281
0 0.5 1 1.5 2 2.5 3 3.5
SizeAdjustmentPerAcre
Series1 Poly.(Series1)

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The data represents the following adjustment to a 5 acre tract.

Size Adjustment for a 5 Acre Tract
1 Acre -14.5%
2Acre -9%
3Acre -5%
4 Acre -2.5%
5 Acre 0
6 Acre 0
7 Acre 0

Following are two charts. The first shows the 2012 per acre lot sales date unadjusted. This chart
shows the data quite dispersed between $6,000 per acre price to a $66,000 per acre price. The
average 2012 per acre price was $15,554/Acre. The trend line indicates that the Acre price to be
approximately $16,000/Acre at the beginning of 2012 and around $15,000/Acre at the end of
2012.

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The second chart represents the 2012 data after adjustments for location, infrastructure and size.
As shown on the chart, the data is represented in a much tighter range. The average for the
adjusted data is $26,900/acre. The trend line indicates the price per acre at the beginning of 2012
to be approximately $25,000/acre and $28,000/acre toward the end of the year. This represents
an annual growth rate of 12%

y=5.1506x+227164
R=0.0027
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
Dec11 Feb12 Apr12 May12 Jul12 Aug12 Oct12 Dec12 Jan13
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RawUnadjustedPerAcreSales2012
Series1
Linear(Series1)
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y=10.989x 425225
R=0.0284
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Dec11 Feb12 Apr12 May12 Jul12 Aug12 Oct12 Dec12 Jan13
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2012AdjustedPricePerAcre
Series1
Linear(Series1)

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Conclusions
Over the last three years lot sales actively has been improving for both the number of sales as
well as the price.
The following list a summary of our data findings over the past three years.

Average Per Acre Price 2010 2012 Unadjusted: $25,774/Acre
Average Per Acre Price 2012 Unadjusted: $15,554/Acre
Average Per Acer Price Adjusted for Location & Infrastructure: $30,406/Acre
Average per Acre Price 2012 Adjusted for Location, Infrastructure
and Size: $26,900/Acre

The adjusted 2012 data represents the tightest range of lot sales. The trend line of the data
indicates per acre lot sales increased during 2012 from $25,000/Acre to $28,000/Acre at the end
of the year.
Based upon our analysis and conclusions, subject to parameters defined, my opinion of the
average market value price per acre of residential land in the City of Rockwall as of 1/1/2013, is:
$28,000/Acre
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Addendum

Qualifications
Assumptions & Limiting Conditions
City of Rockwall Park Land Ordinance

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SUMMARY OF QUALIFICATIONS - Bryan E. Humphries, MAI
Currently
Owner, BRYAN E. HUMPHRIES, INC.

Experience
Over 31 years experience in the appraisal of real properties, including commercial, multi-family,
industrial, and special purpose properties, for mortgage bankers, savings and loan associations,
insurance companies, attorneys, private individuals, public utilities, and governmental agencies.

Education
Graduated from Texas Tech University in 1974: B.B.A. Business
Graduated from Texas Tech University in 1976: M.S. Finance
Completed college, SREA, and AIREA courses in real estate appraisal
Qualified as "Expert" in real estate valuation in various courts

Professional Designations and Affiliations
MAI Member (#6514), Appraisal Institute
AI Admissions Committee, North Texas Chapter 17, 1983-1992 (Chairman,
1989-1990); National Admissions Review (1994-1996); Education Committee
(1988); Region 8 Representative (1994, 1996, 1997, 2002); North Texas
Chapter 17 Board of Directors (1993 - 1995; 1999 2001)
Appraisal Institute National Screener (1996-2005)
Broker Licensed Broker (#216136-12), Texas Real Estate Commission
State Certified Texas State Certified - General Real Estate Appraiser (#TX 1320676-G)
State Certified Texas State Certified Property Tax Consultant (00003440)
Member North Texas Commercial Association of Realtors
Member Real Estate Financial Executive Association

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ASSUMPTIONS AND LIMITING CONDITIONS
1. It is assumed that title to the property herein appraised is good and merchantable, and
in fee simple. The value is reported without regard to questions of title, boundaries,
encroachments, environmental regulations, licenses, or other matters of a legal nature
unless noncompliance has been stated, defined, and considered in the appraisal report.
2. The value is estimated under the assumption that there will be no international or
domestic political, economic, or military actions that will seriously affect real estate
values throughout the country.
3. Certain information concerning market and operating data was obtained from others.
This information is verified and checked, where possible, and is used in this appraisal
only if it is believed to be accurate and correct. However, such information is not
guaranteed. Dimensions and areas of the Subject Property and of the comparables
were obtained by various means and are not guaranteed to be exact.
4. Real estate values are influenced by a number of external factors. The information
contained herein is all of the data we consider necessary to support the value estimate.
We have not knowingly withheld any pertinent facts, but we do not guarantee that we
have knowledge of all factors, which might influence the value of the Subject
Property. Due to rapid changes in external factors, the value estimate is considered to
be reliable only as of the date of the appraisal.
5. Opinions of value contained herein are estimates. This is the definition of an
appraisal. There is no guarantee, written or implied, that the Subject Property will
sell for the estimated value. The estimated value assumes that the property is under
responsible ownership and has competent and prudent management.
6. The appraiser will not be required to provide testimony or attendance in court or
before other legal authority by reason of this appraisal without prior agreement and
arrangement between the employer and the appraiser.
7. Disclosure of the contents of this appraisal report is governed by the By-Laws and
Regulations of the Appraisal Institute. Neither all nor any part of the contents of this
report (especially any opinions, analyses, or conclusions concerning value, the identity
of the appraiser or the firm with which he is connected, or any reference to the
Appraisal Institute or the M.A.I. or SRA Designation) shall be disseminated to the
public through advertising media, public relations media, news media, sales media,
prospectus for securities, or any other public means of communication without prior
written consent and approval of the undersigned.

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Assumptions & Limiting Conditions, continued

8. It is assumed that there are no hidden or unapparent conditions of the property,
subsoil, or structures which would render it more or less valuable, except as stated in
this report. No responsibility is assumed for such conditions or for engineering,
which may be required to discover them. It is assumed that a prudent owner/buyer
would allow inspection of the property by a qualified soils or structure engineer if
conditions so required.
9. The distribution of the total valuation in this report between land and improvements
applies only under the reported highest and best use of the land. The allocation of
value for land and improvements, if presented, must not be used in conjunction with
any other appraisal and are invalid if so used.
10. Estimates of costs to cure deferred maintenance are difficult at best. Contractors
approach such problems in various ways. The estimates, if any, provided within this
report are probable costs given current market conditions, available information, and
the appraiser's expertise.
11. No environmental impact studies were requested or made in conjunction with this
appraisal, and the appraiser hereby reserves the right to alter, amend, revise, and/or
rescind the value opinions based upon any subsequent environmental impact studies,
research, or investigation.
12. This appraisal was prepared by Bryan E. Humphries & Associates and consists of
trade secrets and commercial or financial information, which is privileged and
confidential and is exempted from disclosure under 5 U.S.C. 552 (b) (4). Please
notify Bryan E. Humphries & Associates of any request of reproduction of this
appraisal.
13. Unless otherwise stated in this report, the existence of hazardous substances, including
without limitation asbestos, polychlorinated biphenyl, petroleum leakage, or
agricultural chemicals, which may or may not be present on the property or other
environmental conditions, were not called to the attention of nor did the appraiser
become aware of such during the appraiser's inspection. The appraiser has no
knowledge of the existence of such materials on or in the property unless otherwise
stated. The appraiser, however, is not qualified to test such substances or conditions.
If the presence of such substances, such as asbestos, urea formaldehyde foam
insulation, or other hazardous substances or environmental conditions, may affect the
value of the property, the value estimated is predicated on the assumption that there is
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no such condition on or in the property or in such proximity thereto that it would cause
a loss in value. No responsibility is assumed for any such conditions, or for any
expertise or engineering knowledge required to discover them.
14. Anyone acting in reliance upon the opinions, judgments, conclusions, or data
contained herein, who has the potential for monetary loss due to the reliance thereon,
is advised to secure an independent review and verification of all such conclusions
and/or facts.
The user agrees to notify the appraiser prior to any irrevocable loan or investment
decision of any error, which would reasonably be determined from a thorough and
knowledgeable review.
15. By acceptance and use of this report, the user agrees that any liability for errors,
omissions or judgment of the appraiser is limited to the amount of the fee charged.
16. The limiting condition relating to the ADA is as follows:
This appraisal has not considered the effects of the enactment of the
Americans with Disabilities Act of 1990 (ADA), which initially became
effective January 26, 1992. We have not made a specific compliance
survey and analysis of this property to determine whether or not it is in
conformity with the various detailed requirements of the ADA. Standards
of this act are designed to provide access to all public facilities to all
persons, regardless of mobility limitations. The act provides forceful
encouragement for commercial establishments to enhance their
accessibility and requires that renovations after this date fully comply with
the access standards established by the Architectural and Transportation
Barriers Compliance Board. Enhancements to buildings must be readily
achievable and able to be carried out without much difficulty or expense.
The act recognizes that "readily achievable" is different for companies
depending on their resources. The first priority is to provide access from
sidewalks, parking and transportation areas, with the second priority
being to provide access to areas where goods and services are available to
the public. Finally, access to restroom facilities must accommodate all
persons. The modifications and costs that may be necessary for the

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property to conform to ADA can be ascertained only by a qualified
architect. Should such a study be undertaken, and should the retrofit
costs, if any, become known, then the appraisers reserve the right to re-
evaluate the Subject Property.

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MEMORANDUM

TO: Brad Griggs, Assistant City Manager

FROM: Andy Hesser, Parks and Recreation Manager


SUBJECT: MANDATORY PARK LAND DEDICATION FEES

A component of our Mandatory Park Land Dedication Ordinance is the cash in lieu of
land fee. This fee is applied when the Park Board feels that it is in the best interest of the
City to accept cash-in-lieu of land for neighborhood parkland. According to our
Mandatory Parkland Dedication Ordinance, the Park Board shall annually make a
recommendation to the City Council and Council will set the fee by resolution. The fee
is based on the average cost of neighborhood park land across the entire City.

Bryan E. Humphries and Associates completed their appraisal in J anuary to determine
the average cost. The property must not be within the 100 year flood plain and not
possess any unusual topography rendering the land useless for organized recreational
activities. According to Mr. Humphries, the average cost of one acre of neighborhood
park land with the above restrictions within the City is $28,000.

At the February 5
th
2013 meeting, Park Board recommended setting the fee for 2013 at
$28,000 per acre. Park Board also recommended that the Pro-rata Equipment Fee
portion of the ordinance remain at $1,050,000 for the cost of developing a typical 11
park. $525,000.00 would be the per neighborhood park cost to be used in calculation
of pro-rata neighborhood park development equipment fees associated with the
developers share of the park.

I have attached the appraisal letter completed by Mr. Humphries and the resolutions
for the City Council to set the fee at $28,000 per acre. Please let me know if you need
additional information.

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ROCKWALL, TEXAS ADOPTING THE PER NEIGHBORHOOD
PARK DEVELOPMENT COST TO BE USED IN CALCULATION
OF A NEW DEVELOPMENTS PRO RATA SHARE
CONTRIBUTION FOR NEIGHBORHOOD PARK
DEVELOPMENT EQUIPMENT FEES; PROVIDING AN
EFFECTIVE DATE

WHEREAS, the City of Rockwall desires to provide a park system which includes
adequately sized and appropriately equipped Neighborhood Parks, and

WHEREAS, the City of Rockwall has adopted a Park and Recreation Master Plan
designed to facilitate development of its Park Systems; and

WHEREAS, the City of Rockwall adopted Ordinance No. 99-20, Mandatory
Neighborhood Parkland Dedication Ordinance, designed to facilitate participation by developers
(on a pro-rata basis) in acquisition and development of neighborhood parks; and

WHEREAS, said ordinance provides that the City Council shall annually adopt a
resolution establishing the per neighborhood park development cost to be used in calculation
of a new developments pro-rata share contribution for neighborhood park development
equipment fees,

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

Section 1. Based upon a recommendation of the City of Rockwall Parks and Recreation
Board, $525,000.00 per neighborhood park is hereby adopted as the per neighborhood park
park development cost to be used in calculation of pro-rata neighborhood park development
equipment fees associated with Ordinance No. 99-20.

Section 2. This resolution shall be in force and effect from and after its passage and it
is accordingly so resolved.

TEXAS THIS 18
th

David Sweet, Mayor
ATTEST:

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1
Ashberry, Kristy
From: White, David
Sent: Tuesday, January 29, 2013 6:55 PM
To: Crowley, Rick; Ashberry, Kristy
Subject: Appointment item
PleaseplaceanappointmentitemtohearfromConcernedCitizensofRockwallregardingpolicedepartment.
NotthisMondaysbutthenext.
Thanks.
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MEMORANDUM

TO: City Council of Rockwall

FROM: Ryan Miller, Senior Planner, and David Gonzales, Planner
on behalf of the Historic Preservation Advisory Board (HPAB)


SUBJECT: HPAB Accomplishments 2012

In February of last year, staff asked the Historic Preservation Advisory Board (HPAB) to
focus on the following two goals and objectives in 2012: 1) Research, document and
create a maintainable record of information regarding the construction and architecture
of properties within the Historic Overlay (HO) District, and 2) Increase public awareness
concerning the value and benefits of historic, cultural, and architectural preservation by
encouraging public participation in educational programs identified and developed by
staff. In response to these goals and objectives the HPAB has worked to accomplish
the following efforts:

1) Certified Local Government (CLG): The Certified Local Government (CLG)
Program is a local, state and federal government partnership that is designed to
help cities and counties develop high standards for the preservation of properties
to protect historical assets in a community. At the direction of the City Council
and the HPAB, staff has been working on the application process for becoming a
CLG through the Texas Historical Commission (THC). Currently, all necessary
code amendments have been adopted and staff has completed all necessary
steps in the certification process.

2) Historic Medallion: The HPAB has adopted an official Historic Medallion that
can be displayed on contributing properties for the purpose of raising public
awareness to the preservation efforts of the City of Rockwall. The medallion will
be a bronze colored, oval shaped placard that will display the year the house was
constructed, the property number (this number will be tied to the website), the
words Historic Property, and the City of Rockwall. A rendering is depicted in
Exhibit A of this memorandum. The Historic Board is requesting that funds be
allocated for the purchase of eight (8) medallions to be displayed on the
properties that have been classified as local historic landmarks.

3) Website: The HPAB has drafted an example of a historic website that will
present all information gathered by the board in an accessible and easy to read
format. Additionally, the website should raise awareness about the citys
preservation efforts, act as a tool to encourage public participation, and increase
the visibility of the board to the general public. Screenshots of the example
website are in Example B attached to this memorandum.

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4) Historic Property Surveys: At the direction of the HPAB, staff has taken
pictures of all the properties in the Historic Overlay (HO) District and prepared
property survey forms to assist the board in surveying property owners in the
district. Examples of a completed and incomplete Historic Property Survey are
attached to this memorandum as Example C.

5) Historic Property Database: With the assistance of staff, the HPAB has
documented all properties within the Historic Overlay (HO) District and is in the
process of creating a comprehensive database listing the characteristics and
attributes of each home using the Historic Property Surveys. This will be a
valuable tracking tool that will help staff and the HPAB understand and document
changes in the district. A screenshot of the database is attached in Example D
of this memorandum.

As the HPAB enters into the new year, they will look to finish many of these efforts in
order to meet the requirements of the CLG and start to prepare a comprehensive report
on the current state of the Historic District.

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ApprovedMedallion:Ovalshapewithcircadateofthehomeandnumberidentifieroftheproperty.
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Artistic Bronze Plaques
Price Quote
www.artisticbronze.com
15343 NW 33rd Place
Maimi Gardens, FL 33054
800.330.7525 - Fax 305.681.2876
Date: 01.28.13
Job: Ryan Miller/ City of Rockwall
Material: Cast Bronze
Texture: Pebble
Background Finish Color: Architecural Bronze Dark Oxide
Border: Raised single Line
Mounting: Studs
Coating: Exterior Gloss
Size: 10 W x 7 H Oval Historic Medallion from art.
Amount: (1)
Cost: $220.00 Delivered
Estimated shipping date: TBD
Payment:TBD
Special Instructions: TBD
Terms of Purchase Agreement:
Artistic Bronze Plaques agrees to manufacture in good faith a genuine first quality cast bronze or cast
aluminum plaque as per quote. All products are backed by a 100% money back guarantee. All cast
metal plaques are cast from virgin ingot.
All claims must be made within (48) hours of receipt of order and returned with printed return
authorization enclosed in original packing.
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HistoricPreservationAdvisoryBoard(HPAB)Website:
HomeScreen:ThehomescreenincludesgeneralinformationabouttheHistoricPreservationAdvisoryBoard(HPAB)pertainingtothe
functionoftheboardandthequalificationsofitsmembers.
History:ThewebsitealsoprovidesabriefhistoryofRockwall.Thispageisavailableonourcurrentwebsiteandthehistoryisunchanged.
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HistoricPhotos.
HistoricDistrictMap:MapsshowingtheboundariesandlocationsofContributingandNonContributingPropertieswillbeprovidedfor
download.Aninteractivemapwillalsobemadeavailable.
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Documents&Guidelines:AlldocumentsandguidelinespertainingtotheHistoricDistrictwillbeprovided.
HistoricPropertySurveys:OncetheHistoricPropertyDatabasehasbeenupdatedandallpropertysurveyshavebeencollectedbythe
HPABandstaff,individualpropertysheetswillbegeneratedandmadeavailablethroughthewebsite.Thisistypicalforhistoricdistrict
websites.
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ApplicationsandCalendar.
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OldTownRockwallHistoricPropertyOverview
HistoricPreservationAdvisoryBoardoftheCityofRockwall,Texas
HISTORICPROPERTYINFORMATION[PLEASEPRINT]
Address

CONTACTINFORMATION[PLEASEPRINT]
INFORMATIONREQUESTED:
CanwecontactyouforfurtherInformation?
Yes
No
Surveys,BuildingPlans,ArchitecturalDrawings,MaterialLists,etc.
ContactName

WrittenHistory,Deeds,NewspaperStories,etc.
Address

Photographs

Whatistheageoftheproperty?________________________________________
Phone

Whatisthecurrentuseoftheproperty? Residential Commercial
Email

Ifthepropertyiscommercialbrieflydescribetheuse:______________________

Surveyor:
DateSurveyed:

DoYouHaveaSurvey?
PROPERTYHISTORY[PLEASEPRINT]
OldTownRockwallHistoricPropertyOverviewCityofRockwall385SouthGoliadStreetRockwall,TX75087(972)7717745
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RecordedBy: RyanMiller
DateRecorded: 07/17/2012
RecordingInformation
602EASTWILLIAMSSTREET,ROCKWALLTX75087
HISTORICPRESERVATIONRESOURCESURVEY,2012
PROPERTYINFORMATION

SubdivisionName B.F.Boydston DateConstructed 1935
Lot A Block E(121) LandArea 0.907Acres Moved Yes No,Year: N/A
Neighborhood Eppstein,F&M,Fondren,Foree,Griffith,Highland Architect Unknown
LandUse(Original) SingleFamilyResidential ArchitecturalStyle ColonialRevival
LandUse(Current) SingleFamilyResidential Builder ThomasL.Lawhorn&JohnH.Basham
ContributingStatus High Medium Low Non OriginalAddress N/A
Notes ThepropertyisreferredtoastheOldEdwardsHomePlace.Thesecondfloorofthehomewasconstructedin2000.The
rearcarriagehousewasconstructedin1993.

PROPERTYPHOTOGRAPH
Photo:November10,2004
HISTORICALSIGNIFICANCE:
OnJanuary13,1931,JudgeE.D.ForeeandhiswifepurchasedalargepieceofpropertyatthecorneroftheintersectionofWilliamsStreetandClark
Streettoconstructatwostoryhome.ThehousewassituatedtofaceoffofClarkStreetandincludedextensivelandscapingandalargefrontporchfor
family gatherings. Judge Foree was an attorney and a County Judge from 1898 until 1902. He also served as the Ex Officio County School
Superintendent.
OnApril13,1935,BeeM.ForeesoldthreetractsoflandtoAnnieCoughranEdwardsforthesumof$3,000.00.Thesetractsincludethecornerlotof
what is today 602 E. Williams Street. Upon purchasing the Foree house the Williams hired Thomas Lawson Lawhorn and John Henry Basham to
construct a new home for them. The home was completed later that year and cost approximately $3,600. From crystal doorknobs to leaded glass
Frenchdoors,Mr.LawhornandBashamsparednoexpenseintheconstructionofthehome.TheoutsideofthehomewasdesignedinColonialRevival
stylewithmanyapparentsignsoftheArtdecoerainside.
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HistoricPropertyDatabase:
Database: The database tracks information such as the Historical Designation, year built, architectural style, subdivision and use
designation.Additionally,itprovideslinkstopicturesandinformationabouttheproperties.
PictureDatabase:Providedwitheachpropertyinthedatabaseisalinktoapicturerecordoftheproperty.Thishelpstrackchangesin
thefaadesofthepropertyovertime.
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MEMORANDUM

TO: Rick Crowley, City Manager

FROM: Mark Moeller, Chief of Police


SUBJECT: Crime Comparison - 2012

Each year we analyze and compare our crime rate by utilizing the crime index. This is
calculated by taking the number of crimes, in any type of category, and comparing those
numbers to the estimated population for that year. To make a more accurate
comparison from year to year we further break it down based on crimes reported per
1,000 residents.

Part 1 offenses are those crimes that must be reported to the FBI by every police
agency in the country. They consist of the total numbers of all murders, rapes,
robberies, aggravated assaults, burglaries, thefts, and motor vehicle thefts occurring
within that agencys jurisdiction. The following tables compare 2012 with previous years:

Part 1 Offenses

Year Total Part 1 Crimes Population Estimate Crime Index
2003 896 24,332 36.8
2004 896 25,377 35.3
2005 834 28,173 29.6
2006 880 29,458 29.9
2007 853 31,067 27.4
2008 1,051 31,800 33.0
2009 1,070 34,700 30.8
2010 1,004 36,300 27.7
2011 1,070 37,666 28.5
2012 890 38,750 22.9

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Violent Crime

Year Violent Crimes Population Estimate Crime Index
2003 46 24,332 1.9
2004 51 25,377 2.0
2005 57 28,173 2.0
2006 32 29,458 1.09
2007 23 31,067 0.74
2008 33 31,800 1.03
2009 28 34,700 0.80
2010 18 36,300 0.49
2011 37 37,666 0.98
2012 27 38,750 0.69

Total Crime

Year Total Crimes Population Estimate Crime Index
2003 2,401 24,332 98.7
2004 2,556 25,377 100.9
2005 2,605 28,173 92.5
2006 2,914 29,458 98.9
2007 2,927 31,067 94.2
2008 2,849 31,800 89.6
2009 2,946 34,700 84.9
2010 2,763 36,300 76.1
2011 2,897 37,666 77.0
2012 2,596 38,750 67.0

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MEMORANDUM


FROM: Mark Moeller, Chief of Police


SUBJECT: Holiday Crime Initiative - 2012

Our 2012 Holiday Crime Initiative, which added extra patrol throughout the I-30
retail/restaurant corridor, was implemented and managed in the same manner and time frame
as all the previous years. STEP overtime is paid for one officer from 1:00pm till 9:00pm through
the Thanksgiving weekend and then for the two weeks preceding Christmas day; a total of
sixteen days.
In 2011, 16 Part One criminal offenses were reported; 2010 also had 16 offenses
reported. This year 11 offenses were reported for a decrease of 31% during this years program.
An analysis of these thefts occurring during this time frame and along the I-30 corridor,
showed four were shoplifting thefts which are virtually impossible to prevent by officers patrolling
parking lots. Three other theft offenses were also outside the scope of the program since they
occurred inside the stores and were thefts of wallets or purses from the shopping cart.
Only three burglary of motor vehicle offenses targeted shoppers and their parked
vehicles in a commercial area that continues to grow. The 2012 Holiday Crime Initiative has
again proven that this program is very effective in providing a safe environment for our residents
and visitors during a very busy shopping season.

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CITY OF ROCKWALL
CITY COUNCIL MEMO

AGENDA DATE: 2/18/2013

APPLICANT: Tammy & Donald Latimer

AGENDA ITEM: P2013-001; Chandlers Landing, Ph 14, Lot 23, Blk B

SUMMARY:

Hold a public hearing, discuss and consider a request by Donnie and Tammy Latimer for
approval of a residential replat for Lot 23, Block B, Chandlers Landing Phase 14, City and
County of Rockwall, Texas, being a replat of Lots 5-R and 7-R, and take any action necessary.

COMMENTS:

The purpose of this plat is to combine two (2) existing residential lots into one (1) residential
lot. The property was originally platted as Lots 5-8, Block B, Chandlers Landing, Phase 14.
Lots 5 & 6 were replatted as Lot 5-R by Case No. PZ2000-83-1 on October 2, 2000 and Lots
7 & 8 were replatted as Lot 7-R by Case No. PZ2002-101-1 on December 16, 2002.

The Engineer has completed the technical revisions requested by staff, and this plat is
recommended for conditional approval pending the completion of final technical
modifications and submittal requirements required for the recordation by the applicant or
owner.

On J anuary 25, 2013, staff mailed thirty-three (33) notices to property owners within 200 feet
of the subject property. At the time this case memo was drafted staff had received two (2)
responses in favor of the applicants request.

Conditional approval of this plat by the City Council shall constitute approval subject to the
conditions stipulated in the Recommendation section below.

With the exception of the items listed in the Recommendation section of this case memo, this
plat is in substantial compliance with the requirements of the Subdivision Ordinance in the
Municipal Code of Ordinances.

RECOMMENDATIONS:

Staff recommends approval of the replat for Lot 23, Block B, Chandlers Landing, Phase 14
Addition in conformance with the following conditions of approval:

1) All comments from the Engineering, Planning and Fire Departments shall be addressed
prior to the filing of this plat;

2) Any construction resulting from the approval of this replat shall conform to the requirements
set forth by the Unified Development Code, the 2009 International Building Code, the
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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 & ZONING COMMISSION:

On February 12, 2013, the Planning & Zoning Commission recommended approval of the
Replat subject to staff's recommendations by a vote of 6-0, with Chairman Herbst absent.
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P2013-001 - LATIMER / CHANDLER'S
REPLAT - LOCATION MAP =
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.
City of Rockwall
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385 S. Goliad Street
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(P): (972) 771-7745
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Case Number:
Case Address:
P2013-001
5509 Ranger
Case Type: Replat
Case Name: Latimer Replat
Zoning: PD-8
Vicinity Map
For Questions on this Case Call (972) 771-7745
Date Created: 1/23/2013
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PON List (P2013-001) Latimer Replat - 1.23.2013
AccountNumber OwnerName LegalDescription Address(Line1) Address(Line2) Address(Line3) City State Zip
327000000039000R BREWERJAMESASHLEYJR CHANDLERSLANDING#2,LOT39 420COLUMBIADR ROCKWALL TX 75032
327000000054000R HUDSONCHADJ&LINDSAYB CHANDLERSLANDING#2,LOT54,(REPLAT2007) 422COLUMBIADR ROCKWALL TX 75032
327000000041000R STEVENSONLARRYKEITH CHANDLERSLANDING#2,LOT41 416COLUMBIADR ROCKWALL TX 75032
327000000040000R CACSOLUTIONSINC CHANDLERSLANDING#2,LOT40 POBOX867 ROCKWALL TX 75087
335500000000000R CHANDLERSLANDINGCOMMUNITYASSOC CHANDLERSLANDING#14,GREENBELT POBOX638 ROCKWALL TX 75087
3355000B0009000R MARTINFREDERICK&SONJA CHANDLERSLANDING#14,BLOCKB,LOT9R,(REPLAT00) 5601RANGERDR ROCKWALL TX 75032
3355000B0011000R DAVISRAY CHANDLERSLANDING#14,BLOCKB,LOT11R,(REPLAT00) (MR) MAILRETURNEDBYPOSTOFFICE
3355000B0003000R SEXTONSHAWNREVOCABLETRUST CHANDLERSLANDING#14,BLOCKB,LOT3R,(REPLAT2001) 5505RANGERDR ROCKWALL TX 75032
3355000B0005000R LATIMERTAMMY&DONALD CHANDLERSLANDING#14,BLOCKB,LOT5R,(REPLAT2001) 5509RANGERDR ROCKWALL TX 75032
3355000A0001000R BULLARDDARWINL&ANNS CHANDLERSLANDING#14,BLOCKA,LOT1 414ENDEAVORCT ROCKWALL TX 75032
3355000A0006000R HEINPRISCILLA CHANDLERSLANDING#14,BLOCKA,LOT6R,(REPLAT00) 404ENDEAVORCT ROCKWALL TX 75032
3355000B0001000R BELOTEKATHYK CHANDLERSLANDING#14,BLOCKB,LOT1 5501RANGERDR ROCKWALL TX 75032
3355000A0002000R COMPTONWILLIAMH&JAYNE CHANDLERSLANDING#14,BLOCKA,LOT2A,(REPLAT2) 412ENDEAVORCT ROCKWALL TX 75032
327000000048000R MOULEDOUSALFREDEJR CHANDLERSLANDING#2,LOT48 402COLUMBIADR ROCKWALL TX 75032
328000000018000R HURSTRANDYL&CAROLJ CHANDLERSLANDING#3,LOT18 332COLUMBIADR ROCKWALL TX 75032
328000000019000R OLEKSINSKIMICHAELA CHANDLERSLANDING#3,LOT19 330COLUMBIADR ROCKWALL TX 75032
3355000B0007000R LATIMERDONALDF&TAMMYA CHANDLERSLANDING#14,BLOCKB,LOT7R,(REPLAT2004) 5509RANGERDR ROCKWALL TX 75032
327000000035000R DUDEKPROPERTIESLLC CHANDLERSLANDING#2,LOT35 333HARBORVIEWDR ROCKWALL TX 75032
327000000045000R TULKSHERRYK CHANDLERSLANDING#2,LOT45 408COLUMBIADR ROCKWALL TX 75032
327000000046000R MEKULYSTEPHENNICHOLAS CHANDLERSLANDING#2,LOT46 3235SOCARRIERPARKWAY GRANDPRAIRIE TX 75052
327000000047000R FEIGEALLENH&SUSANEBEENE CHANDLERSLANDING#2,LOT47 7812ROYALLNAPT109 DALLAS TX 75230
3355000A0008000R LEPARDRICHARDL CHANDLERSLANDING#14,BLOCKA,LOT8 400ENDEAVORCT ROCKWALL TX 75032
3355000A0009000R VIALLTESSAAAND CHANDLERSLANDING#14,BLOCKA,LOT9 GREGORYSLINDLEY 5606RANGERDR ROCKWALL TX 75032
327000000043000R MARTINMAXE CHANDLERSLANDING#2,LOT43 412COLUMBIADR ROCKWALL TX 75032
327000000042000R ALLENSUSANOSTEEN CHANDLERSLANDING#2,LOT42 414COLUMBIADRIVE ROCKWALL TX 75032
327000000044000R NELSONJERRYC&MARIBETHTRUSTEES CHANDLERSLANDING#2,LOT44 NELSONFAMILYLIVINGTRUST 410COLUMBIADR ROCKWALL TX 75032
327000000036000R DUDEKPROPERTIESLLC CHANDLERSLANDING#2,LOT36 333HARBORVIEWDR ROCKWALL TX 75032
3355000A0004000R HUMESJENNIFER CHANDLERSLANDING#14,BLOCKA,LOT4 408ENDEAVORCT ROCKWALL TX 75032
3355000A0005000R ALLANBRIAN CHANDLERSLANDING#14,BLOCKA,LOT5 406ENDEAVORCT ROCKWALL TX 75032
3355000B0002000R LUBRICANTADDITIVESOLUTIONS&TECHNOLOGIES,LIMITED CHANDLERSLANDING#14,BLOCKB,LOT2,(REPLAT2011) 5503RANGERDR ROCKWALL TX 75032
328000000000090R
327000000000000R
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Miller, Ryan
From: Sanford, JoDee on behalf of Planning
Sent: Tuesday, January 29, 2013 7:58 AM
To: Miller, Ryan
Subject: FW: Case No P2013-001 Chandlers Landing

J oDee Sanf or d
Pl anni ng Coor di nat or
385 S. Gol i ad
Rockwal l , Texas 75087
( 972) 771- 7745 Di r ect Phone
( 972) 771- 7748 Fax
j sanf or d@r ockwal l . com
www. r ockwal l . com
- - - - - Or i gi nal Message- - - - -
Fr om: Hudson, Li ndsay [ mai l t o: LHudson@Tr ansFi r st . com]
Sent : Monday, J anuar y 28, 2013 6: 40 PM
To: Pl anni ng
Subj ect : Case No P2013- 001 Chandl er s Landi ng
We ar e t he r esi dent s at 422 Col umbi a Lane. We have no i ssues wi t h t he r equest ed r epl at of
Ph 14, Lot 23 Bl k B.
Li ndsay and Chad Hudson.
Sent f r ommy i Phone
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NOTES
SEE SHEET 2 OF 2 FOR DEDICATION
NOTE: It shall be the policy of the City of Rockwall to withhold issuing building permits until
all streets, water, sewer and storm drainage systems have been accepted by the City. The
approval of a plat by the City does not constitute any representa tion, assurance or guarantee
that any building within such plat shall be approved, authorized or permit therefore issued,
nor shall such approval constitute any representation, assurance or guarantee by the City of
the adequacy and availability for w ater for personal use and fire protection within such plat,
as required under Ordinance 83-54.
SURVEYOR'S CERTIFICATE
NOW, THEREFORE KNOWALL MEN BY THESE PRESENTS:
THAT I, Harold D. Fetty, III, R.P.L.S. No. 5034, do hereby certify that I prepared this plat
from an actual and accurate survey of the land, and that the corner monuments shown thereon
were properly placed under my personal supervision.
____________________________________________
Harold D. Fetty, III
Registered Professional Land Surveyor No. 5034
RECOMMENDED FOR FINAL APPROVAL
________________________ _______________________
Planning and Zoning Commission Date
STATE OF TEXAS
COUNTY OF ROCKWALL (Public Dedication)
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF ROCKWALL
have been notified and signed this plat.
stated and for the mutual use and accommodation of all utilities desiring to use or using same.
1. No buildings shall be constructed or placed upon, over, or across the utility
easements as described herein.
2. Any public utility shall have the right to remove and keep removed all or part of any
buildings, fences, trees, shrubs, or other growths or improvements which in any way endanger or
interfere with construction, maintenance or efficiency of th eir respective system on any of
these easement strips; and any public utility shall at all times have the right of ingress or
egress to, from and upon the said easement strips for purpose of construction, reconstruction,
inspecting, patrolling, maint aining, and either adding to or removing all or part of their
respective system without the necessity of, at any time, procuring the permission of anyone.
3. The City of Rockwall will not be responsible for any claims of any nature resulting
from or occasioned by the establishment of grade of streets in the subdivision.
4. The developer and subdivision engineer shall bear total responsibility for storm drain
improvements.
5. The developer shall be responsible for the necessary facilities to provide drainage
patterns and drainage controls such that properties within the drainage area are not adversely
affected by storm drainage from the development.
6. No house dwelling unit, or other structure shall be constructed on any lot in this
addition by the owner or any other person until the developer and/or owner has complied with
with respect to the entire block on the street or streets on which property abuts, including
the actual installation of streets with the required base and paving, curb and gutter, water
and sewer, drainage structures, sto rm structures, storm sewers, and alleys, all according to
the specifications of the City of Rockwall; or
Until an escrow deposit, sufficient to pay for the cost of such improvements, as determined by
the city's engineer and/or city administrator, computed on a private commercial rate basis, has
been made with the city secretary, accompanied by an agreement signed by the developer and/or
owner, authorizing the city to make such improvements at prevailing private commercial rates,
or have the same made by a contractor and pay for the same out of the escrow deposit, should
the developer an d/or owner fail or refuse to install the required improvements within the time
stated in such written agreement, but in no case shall the City be obligated to make such
improvements itself. Such deposit may be used by the owner and/or developer as p rogress
payments as the work progresses in making such improvements by making certified requisitions to
the city secretary, supported by evidence of work done; or
Until the developer and/or owner files a corporate surety bond with the city secretary in a sum
equal to the cost of such improvements for the designated area, guaranteeing the installation
thereof within the time stated in the bond, which time shall be fixed by the city council of
the City of Rockwall.
to the impact of the subdivision upon the public services required in order that the
as a result of the dedication of exaction's made herein.
all requirements of the Subdivision Regulations of the City of Rockwall regarding improvements
NOW, THEREFORE, KNOWALL MEN BY THESE PRESENTS:
OF
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5034
V U R E D
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HAROLD D. FETTY III
S
and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys,
parks, water courses, easements and public places thereon shown on the purpose and consideration therein
expressed. I further certify that all other parties who have a mortgage or lien interest in the subdivision
We understand and do hereby reserve the easement strips shown on this plat for the purposes
We also understand the following;
successors and assigns hereby waive any claim, damage, or cause of action that we may have
foregoing instrument, and acknowledged to me that he executed the same for the purpose and
consideration therein stated.
Given upon my hand and seal of office this _______day of _____________________, ___________.
__________________________________ _____________________________
__________________________________ _____________________________
Notary Public in and for the State of Texas My Commission Expires:
STATE OF TEXAS
STATE OF TEXAS
COUNTY OF ROCKWALL
COUNTY OF ROCKWALL
SURVEY DATE
SURVEY DATE
SCALE
SCALE
CLIENT
CLIENT
FILE #
FILE #
H.D. Fetty Land Surveyor, LLC
0
known to me to be the person whose name is subscribed to the
I further acknowledge that the dedications and/or exaction's made herein are proportional
development will comport with the present and future growth needs of the City; I, my
20 40 60
GRAPHIC SCALE 1"=20'
2) BEARING SOURCE: SPC ROCKWALL MONUMENT SYSTEM.
3) ALL 1/2" IRS ARE CAPPED WITH YELLOWPLASTIC CAPS "RPLS 5034."
1) According to F.E.M.A. Flood Insurance Rate Map. Community Panel No. 48397C0040 L dated
Sept. 26, 2008, this property lies in Zone X. This property does not appear to lie within a 100-year
flood plain.
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WHEREAS, DONALD LATIMER and TAMMY LATIMER, BEING the Owner of a tract of land in the County
of Rockwall, State of Texas, said tract being described as follows:
___________________________________________________
DONALD LATIMER

___________________________________________________
TAMMY LATIMER
Before me, the undersigned authority, on this day personally appeared DONALD LATIMER
Before me, the undersigned authority, on this day personally appeared TAMMY LATIMER
We the undersigned owner of the land shown on this plat, and designated herein as REPLAT

CHANDLERS LANDING PHASE 14, LOT 23, BLOCK B, an Addition to the City of Rockwall, Texas,
APPROVED
I hereby certify that the above and foregoing plat of REPLAT CHANDLERS LANDING PHASE 14,
LOT 23, BLOCK B, an addition to the City of Rockwall, Texas, an addition to the City of Rockwall,
Texas, was approved by the City Council of the City of Rockwall on the ___ day of________ ,______.
This approval shall be invalid unless the approved plat for such addition is recorded in the
office of the County Clerk of Rockwall, County, Texas, within one hundred eighty (180) days
from said date of final approval.
Said addition shall be subject to all the requirements of the Subdivision Regulations of the
City of Rockwall.
WITNESS OUR HANDS, this ______ day of _________________ ,______________.
__________________________________ ______________________________________
Mayor, City of Rockwall City Secretary City of Rockwall
________________________________ __________
City Engineer Date
SITE
LOCATION
VICINITY MAP
N.T.S.
BEING Lot 5-R and 7-R, Block B, of REPLAT CHANDLERS LANDING #14, an Addition to the City of Rockwall,
Rockwall County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 340, of the Plat Records of
Rockwall County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for corner in the curving southwest right-of-way line of Ranger Drive, at the
north corner of Lot 5-R and the east corner of Lot 3-R, Block B;
THENCE in a southeasterly direction along a curve to the right having a central angle of 03 deg. 54 min. 44 sec.,
a radius of 298.12 feet, a tangent of 10.18 feet, a chord of S. 39 deg. 03 min. 49 sec. E., 20.35 feet, along said
right-of-way line, an arc distance of 20.36 feet to a 1/2" iron rod found for corner;
THENCE S. 37 deg. 06 min. 27 sec. E. along said right-of-way line, a distance of 68.90 feet to a 1/2" iron rod found
for corner'
THENCE in a southeasterly direction along a curve to the left having a central angle of 44 deg. 50 min. 56 sec.,
right-of-way line, an arc distance of 102.73 feet to a 1/2" iron rod found for corner at the east corner of Lot 7-R, Block B;
THENCE S. 41 deg. 03 min. 45 sec. W. along the southeast line of Lot 7-R, a distance of 131.95 feet to a 1/2" iron rod
found for corner at the south corner of said Lot 7-R;
THENCE N. 48 deg. 32 min. 50 sec. W. a distance of 70.18 feet to a 1/2" iron rod found for corner;
THENCE N. 43 deg. 26 min. 10 sec. E. along the common line between Lot 3-R and Lot 5-R, a distance of 107.27
feet to the POINT OF BEGINNING and containing 20,823 square feet or 0.48 acres of land.
Curve Delta Angle Radius Arc Tangent Chord Chord Bearing
1 354'44'' 298.12 20.36 10.18 20.35 S 3903'49''E
2 4450'56'' 131.24 102.73 54.16 100.13 S 5931'54''E
C
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CURVE DATA
CASE NO. P2013-001
CASE NO. P2013-001
93
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NOTES
SEE SHEET 2 OF 2 FOR DEDICATION
NOTE: It shall be the policy of the City of Rockwall to withhold issuing building permits until
all streets, water, sewer and storm drainage systems have been accepted by the City. The
approval of a plat by the City does not constitute any representa tion, assurance or guarantee
that any building within such plat shall be approved, authorized or permit therefore issued,
nor shall such approval constitute any representation, assurance or guarantee by the City of
the adequacy and availability for w ater for personal use and fire protection within such plat,
as required under Ordinance 83-54.
SURVEYOR'S CERTIFICATE
NOW, THEREFORE KNOWALL MEN BY THESE PRESENTS:
THAT I, Harold D. Fetty, III, R.P.L.S. No. 5034, do hereby certify that I prepared this plat
from an actual and accurate survey of the land, and that the corner monuments shown thereon
were properly placed under my personal supervision.
____________________________________________
Harold D. Fetty, III
Registered Professional Land Surveyor No. 5034
RECOMMENDED FOR FINAL APPROVAL
________________________ _______________________
Planning and Zoning Commission Date
STATE OF TEXAS
COUNTY OF ROCKWALL (Public Dedication)
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF ROCKWALL
have been notified and signed this plat.
stated and for the mutual use and accommodation of all utilities desiring to use or using same.
1. No buildings shall be constructed or placed upon, over, or across the utility
easements as described herein.
2. Any public utility shall have the right to remove and keep removed all or part of any
buildings, fences, trees, shrubs, or other growths or improvements which in any way endanger or
interfere with construction, maintenance or efficiency of th eir respective system on any of
these easement strips; and any public utility shall at all times have the right of ingress or
egress to, from and upon the said easement strips for purpose of construction, reconstruction,
inspecting, patrolling, maint aining, and either adding to or removing all or part of their
respective system without the necessity of, at any time, procuring the permission of anyone.
3. The City of Rockwall will not be responsible for any claims of any nature resulting
from or occasioned by the establishment of grade of streets in the subdivision.
4. The developer and subdivision engineer shall bear total responsibility for storm drain
improvements.
5. The developer shall be responsible for the necessary facilities to provide drainage
patterns and drainage controls such that properties within the drainage area are not adversely
affected by storm drainage from the development.
6. No house dwelling unit, or other structure shall be constructed on any lot in this
addition by the owner or any other person until the developer and/or owner has complied with
with respect to the entire block on the street or streets on which property abuts, including
the actual installation of streets with the required base and paving, curb and gutter, water
and sewer, drainage structures, sto rm structures, storm sewers, and alleys, all according to
the specifications of the City of Rockwall; or
Until an escrow deposit, sufficient to pay for the cost of such improvements, as determined by
the city's engineer and/or city administrator, computed on a private commercial rate basis, has
been made with the city secretary, accompanied by an agreement signed by the developer and/or
owner, authorizing the city to make such improvements at prevailing private commercial rates,
or have the same made by a contractor and pay for the same out of the escrow deposit, should
the developer an d/or owner fail or refuse to install the required improvements within the time
stated in such written agreement, but in no case shall the City be obligated to make such
improvements itself. Such deposit may be used by the owner and/or developer as p rogress
payments as the work progresses in making such improvements by making certified requisitions to
the city secretary, supported by evidence of work done; or
Until the developer and/or owner files a corporate surety bond with the city secretary in a sum
equal to the cost of such improvements for the designated area, guaranteeing the installation
thereof within the time stated in the bond, which time shall be fixed by the city council of
the City of Rockwall.
to the impact of the subdivision upon the public services required in order that the
as a result of the dedication of exaction's made herein.
all requirements of the Subdivision Regulations of the City of Rockwall regarding improvements
NOW, THEREFORE, KNOWALL MEN BY THESE PRESENTS:
OF
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5034
V U R E D
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HAROLD D. FETTY III
S
and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys,
parks, water courses, easements and public places thereon shown on the purpose and consideration therein
expressed. I further certify that all other parties who have a mortgage or lien interest in the subdivision
We understand and do hereby reserve the easement strips shown on this plat for the purposes
We also understand the following;
successors and assigns hereby waive any claim, damage, or cause of action that we may have
__________________________________ _____________________________
__________________________________ _____________________________
STATE OF TEXAS
STATE OF TEXAS
COUNTY OF ROCKWALL
COUNTY OF ROCKWALL
SURVEY DATE
SURVEY DATE
SCALE
SCALE
CLIENT
CLIENT
FILE #
FILE #
0
I further acknowledge that the dedications and/or exaction's made herein are proportional
development will comport with the present and future growth needs of the City; I, my
20 40 60
GRAPHIC SCALE 1"=20'
2) BEARING SOURCE: SPC ROCKWALL MONUMENT SYSTEM.
3) ALL 1/2" IRS ARE CAPPED WITH YELLOWPLASTIC CAPS "RPLS 5034."
1) According to F.E.M.A. Flood Insurance Rate Map. Community Panel No. 48397C0040 L dated
Sept. 26, 2008, this property lies in Zone X. This property does not appear to lie within a 100-year
flood plain.
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WHEREAS, DONALD LATIMER and TAMMY LATIMER, BEING the Owner of a tract of land in the County
of Rockwall, State of Texas, said tract being described as follows:
___________________________________________________
DONALD LATIMER

___________________________________________________
TAMMY LATIMER
Before me, the undersigned authority, on this day personally appeared DONALD LATIMER
Before me, the undersigned authority, on this day personally appeared TAMMY LATIMER
We the undersigned owner of the land shown on this plat, and designated herein as REPLAT

CHANDLERS LANDING PHASE 14, LOT 23, BLOCK B, an Addition to the City of Rockwall, Texas,
APPROVED
I hereby certify that the above and foregoing plat of REPLAT CHANDLERS LANDING PHASE 14,
LOT 23, BLOCK B, an addition to the City of Rockwall, Texas, an addition to the City of Rockwall,
Texas, was approved by the City Council of the City of Rockwall on the ___ day of________ ,______.
This approval shall be invalid unless the approved plat for such addition is recorded in the
office of the County Clerk of Rockwall, County, Texas, within one hundred eighty (180) days
from said date of final approval.
Said addition shall be subject to all the requirements of the Subdivision Regulations of the
City of Rockwall.
WITNESS OUR HANDS, this ______ day of _________________ ,______________.
__________________________________ ______________________________________
Mayor, City of Rockwall City Secretary City of Rockwall
________________________________ __________
City Engineer Date
SITE
LOCATION
VICINITY MAP
N.T.S.
BEING Lot 5-R and 7-R, Block B, of REPLAT CHANDLERS LANDING #14, an Addition to the City of Rockwall,
Rockwall County, Texas, according to the Plat thereof recorded in Cabinet D, Slide 340, of the Plat Records of
Rockwall County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found for corner in the curving southwest right-of-way line of Ranger Drive, at the
north corner of Lot 5-R and the east corner of Lot 3-R, Block B;
THENCE in a southeasterly direction along a curve to the right having a central angle of 03 deg. 54 min. 44 sec.,
right-of-way line, an arc distance of 20.36 feet to a 1/2" iron rod found for corner;
THENCE S. 37 deg. 06 min. 27 sec. E. along said right-of-way line, a distance of 68.90 feet to a 1/2" iron rod found
for corner'
THENCE in a southeasterly direction along a curve to the left having a central angle of 44 deg. 50 min. 56 sec.,
right-of-way line, an arc distance of 102.73 feet to a 1/2" iron rod found for corner at the east corner of Lot 7-R, Block B;
THENCE S. 41 deg. 03 min. 45 sec. W. along the southeast line of Lot 7-R, a distance of 131.95 feet to a 1/2" iron rod
found for corner at the south corner of said Lot 7-R;
THENCE N. 43 deg. 26 min. 10 sec. E. along the common line between Lot 3-R and Lot 5-R, a distance of 107.27
feet to the POINT OF BEGINNING and containing 20,823 square feet or 0.48 acres of land.
Curve Delta Angle Radius Arc Tangent Chord Chord Bearing
1 354'44'' 298.12 20.36 10.18 20.35 S 3903'49''E
2 4450'56'' 131.24 102.73 54.16 100.13 S 5931'54''E
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CURVE DATA
CASE NO. P2013-001
CASE NO. P2013-001 94
94

95
95
CITY OF ROCKWALL
CITY COUNCIL MEMO


APPLICANT: Worker Bee Studio

AGENDA ITEM: Z2013-001; 103 S. San J acinto SUP

Hold a public hearing, discuss and consider a request by Denise Webb and Shannon Allred for
approval of a Specific Use Permit (SUP) to allow for a secondhand dealer on Lot S and a
portion of Lot 3, Block L of Rockwall Old Towne, being a 1,500-sf tract located at 103 South San
J acinto, zoned (DT) Downtown district, and take any action necessary.

BACKGROUND INFORMATION:

Denise Webb and Shannon Allred, owners of Worker Bee Studio, are requesting a Specific Use
Permit (SUP) to allow for a secondhand goods retail store. The property is located at 103 S.
San J acinto and is within the Downtown (DT) district. The Unified Development Code requires
that a Secondhand dealer obtain a SUP in the Downtown district.

The applicants business will consist of new and refurbished furniture as well as home dcor
and accessories. The merchandise will range in price from $100-$800. The applicants, also,
plan to feature artwork from local artists.

In addition, the 750 square foot space will be updated. The buildings owner, Mr. Fox, will
update the front faade. The applicants will renovate the interior of the building with new paint
on the walls, painted concrete floors and new light fixtures.

NOTIFICATION:

A notice was published on J anuary 24, 2013 in the Rockwall County News. Information on the
zoning case has also been posted on the Citys website in accordance with City policy. Also,
thirty two (32) notices were mailed to property owners of record within 200-ft of the subject
property. At the time of this report, staff has not received any notice for or against the request.

RECOMMENDATIONS:

Staff supports the request for the Specific Use Permit with the following conditions:

1. Adherence to Engineering and Fire Department standards.
2. Outside sales and displays shall only be allowed in conjunction with recognized City of
Rockwall and Downtown Merchant Association events.


Specific Use Permit subject to staff's recommendations by a vote of 6-0, with Chairman Herbst
absent.
96
96
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Z2013-001 - 103 S. SAN JACINTO (SUP)
ZONING - LOCATION MAP =
City of Rockwall
0 40 80 120 160 20
Feet
(P): (972) 771-7745
(W): www.rockwall.com 1:800
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Case Address:
Z2013-001
103 S. San Jacinto
Case Type: Specific Use Permit
Case Name: 103 S. San Jacinto SUP
Zoning: Downtown
Vicinity Map
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CITY OF ROCKWALL

ORDINANCE NO. 13-

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 ALLOWING FOR A
SECONDHAND DEALER WITHIN THE (DT) DOWNTOWN DISTRICT, ON
A TRACT OF LAND KNOWN AS LOT S AND A PORTION OF LOT 3,
BLOCK L, ROCKWALL OLD TOWNE ADDITION AND LOCATED AT
103 SOUTH SAN JACINTO; 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, a Specific Use Permit allowing for a Secondhand Dealer within the (DT)
Downtown District has been requested by Denise Webb and Shannon Allred of Worker Bee Studio
on the property known as Lot S and a portion of Lot 3, Block L, Rockwall Old Towne Addition and
located at 103 South San J acinto; City and County of Rockwall, Texas; 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
of the City of Rockwall should be amended as follows:

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

Section 1. That the Unified Development Code of the City of Rockwall, as heretofore
amended, be and the same is hereby amended so as to grant a Specific Use Permit allowing for a
Secondhand Dealer within the (DT) Downtown District on the property known as Lot S and a portion
of Lot 3, Block L, Rockwall Old Towne Addition and located at 103 South San J acinto; City and
County of Rockwall, Texas; and

Section 2. That the Specific Use Permit shall be subject to the conditions set forth in
Article V, Section 4.8 DT Downtown District, of the City of Rockwall Unified Development
Code (Ord. No. 04-38) as heretofore amended, as amended herein by granting of this zoning
change, and as may be amended in the future, and shall be subject to the additional following
additions:

1. Outside sales and displays shall only be allowed in conjunction with recognized
City of Rockwall and Downtown Merchant Association events.

Section 3. That the official zoning map of the City be corrected to reflect the changes in
zoning described herein.
Z2013-001_103 South San Jacinto SUP (Page 1 of 2)
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109

Z2013-001_103 South San Jacinto SUP (Page 2 of 2)

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, 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 No. 04-38 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 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.

TEXAS, this ___ day of __________, 2013.

David Sweet, Mayor

ATTEST:


APPROVED AS TO FORM:

Frank Garza, Interim City Attorney

1st Reading:

2nd Reading:

110
110

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CITY OF ROCKWALL
CITY COUNCIL MEMO


APPLICANT: F.C. Cuny Corp

AGENDA ITEM: Z2013-002; Zoning Change (AG to C)

SUMMARY:

Hold a public hearing, discuss and consider a request by Cameron Slown for the approval of a
change in zoning from Agricultural (AG) District to Commercial (C) District on a 45.56 acre tract
situated in the W. W. Ford Survey, Tract 17-5, located at the southeast corner of SH205 and
FM549, City and County of Rockwall, Texas, and take any action necessary.

PURPOSE & CHARACTERISTICS OF REQUEST:

On J anuary 18, 2013 the applicant, Cameron Slown, submitted an application on behalf of the
owners, Mark Medcalf and Shannon Balthorp, to request a zoning change from an Agricultural
(AG) District to a Commercial (C) District for a vacant 43.56 acre tract of land identified as Tract
17-5 of the W. W. Ford Survey, Abstract No. 80. The applicant has stated that the purpose of
this request is to secure commercial zoning to facilitate the sale of the property.

The property is a triangularly shaped tract of land fronting onto FM549 (FM1139) and SH205.
The Master Thoroughfare Plan approved with the Comprehensive Plan (adopted March 5,
2012) shows the future right-of-way of FM549 bisecting the property and connecting to the
current intersection of FM549 and SH205 along the southern boundary line of the subject
property. Since portions of the property are adjacent to SH205 any development on the
property will be subject to the requirements of the SH205 (SH205 OV) Overlay District, and will
require the approval of a site plan by the Planning & Zoning Commission prior to the approval of
a building permit. As part of this site plan process the Architectural Review Board (ARB) will be
required to review and provide recommendations concerning the proposed building elevations.
Additionally, any development on the property would be required to submit engineering plans, a
preliminary and final plat, and potentially a master plat.

ADJACENT LAND USES AND ACCESS:

The land uses adjacent to the subject property are as follows:

North: Directly north of the subject property is FM549 (FM1139) followed by a 139.354 acre
tract of land zoned Planned Development District 63 (PD-63) for Single Family-10 (SF-
10) District uses. Adjacent to this property, along its western boundary are properties
zoned Single Family Estate 2 & 4 (SFE-2 & SFE-4) Districts for low density residential
uses.

South: Directly south of the subject property is SH205. Beyond SH205 the majority of the
properties are zoned Agricultural (AG) District. At the southeast corner of the
112
112
intersection of FM549 and SH205 is a 7.32 acre tract of land zoned Commercial (C)
District.

East: Directly east of the subject property is the city limit line between the City of Rockwall
and the City of McLendon-Chisholms extraterritorial (ETJ ) jurisdiction.

West: Directly west of the property is SH205 followed by properties zoned Agricultural (AG)
District.

ANALYSIS & CONFORMANCE WITH THE COMPREHENSIVE PLAN:

The Future Land Use Map, adopted with the Comprehensive Plan, designates the subject
property for Commercial land uses. The purpose of this designation is tied to the future
alignment of FM549 and the eventual intersection of SH205 and FM549. According to the
Comprehensive Plan, (i)n areas where commercial is indicated at the intersection of major
roadways in the northern portion of the city, and where zoning and development have not
occurred, commercial zoning should not necessarily be allowed on all four [4] corners. Zoning
should only be allowed where the commercial use is eminent and where it would be planned
and integrated with the adjacent residential neighborhoods. As stated above (see the Adjacent
Land Uses and Access section), the majority of the adjacent land is zoned for large lot
residential and agricultural uses that are currently vacant or occupied with low density
residential housing. The Future Land Use map shows this area being mostly designated for
Low Density Residential land uses, with the exception of the subject property and properties
directly south of the subject property. The Comprehensive Plan continues by stating that, (t)he
amount of retail and the size of the area to be designated for commercial or mixed use
development may be large or small depending on the service area it will serve and the style and
quality of development.

In assessing the applicants proposal it is staffs opinion that the large surrounding area
occupied by, and designated for, Low Density Residential uses coupled with the lack of area
zoned and designated for commercial land uses justifies the proposed rezoning of the
requested 45.56-acres from an Agricultural (AG) District to a Commercial (C) District.
Furthermore, the proposed realignment of FM549 will bisect the subject property and create a
four (4) way intersection at FM549 and SH205. Staff feels this junction will be a prominent
intersection in this area in the future and will create a condition where commercial uses can be
considered to be eminent in nature.

NOTIFICATION:

On February 1, 2013, staff mailed fourteen (14) notices to property owners within 200 feet of the
subject property. Additionally, staff posted signs along all street frontages adjacent to the
subject property and at the corner of FM1139/FM549 and SH205 as required by the Unified
Development Code (UDC). At the time this case memo was drafted staff had received two (2)
responses in favor and one (1) response in opposition to the applicants request.

RECOMMENDATIONS:

For the reasons addressed in staffs analysis and since the applicants request is in
conformance with the Future Land Use map, the Comprehensive Plan, and all applicable local,
state and federal requirements staff recommends approval of the change in zoning from an
Agricultural (AG) District to a Commercial (C) District for the subject property.
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zoning change subject to staff's recommendation by a vote of 6-0, with Chairman Herbst
absent.
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Case Number:
Case Address:
Z2013-002
SEC SH-205 & FM-549
Case Type: Zoning
Case Name: Zoning Change (AG to C)
Zoning: Agricultural
Vicinity Map
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PON List (Z2013-002) 1.22.2013
432400000007000R COTTENDAVIDR&DELORESJ LOFLANDLAKEESTATES#2,LOT7R,ACRES3.02,(REPLAT2002) 2914SFM549 ROCKWALL TX 75032
3584000A0001000R EDWARDSJODY EDWARDSACRESSUBD,BLOCKA,LOT1,ACRES10.106 2994SFM549 ROCKWALL TX 75032
012300000002000R KLUTTSNORMAALICETR A0123AJOHNSON,TRACT2,ACRES1.417,(PTOF200.417ACTR) BENAKLUTTSJR&BETTYGBARTONTRUSTEES 1605SUNSETHILLDR ROCKWALL TX 75087
008000000010010R HOMEBOYENTERPRISESINC A0080WWFORD,TRACT101,ACRES7.130 460LAWRENCEDR HEATH TX 75032
008000000021000R HOUSERWILLIAMD&STACEYB A0080WWFORD,TRACT21,ACRES4.99 4768SSTATEHIGHWAY205 ROCKWALL TX 75032
008000000007000R IMBURGIAJOHN&GRACE A0080WWFORD,TRACT7,ACRES7.95,(PTOF9.3ACTR) 211ELVISPRESLEYLANE ROCKWALL TX 75032
008000000006000R IMBURGIAJOHN&GRACE A0080WWFORD,TRACT6,ACRES1.35,(PTOF9.3AC) 211ELVISPRESLEYLANE ROCKWALL TX 75032
008000000017130R ROCKWALLHIGHGATELTD A0080,WWFORD,TRACT1713,50.ACRES,(PTOF254.082ACTR) C/OSCOTTASBURY 6210PRESTONCREEKDR DALLAS TX 75240
008000000017080R ZEBMOHIUDINDR& A0080WWFORD,TRACT178,ACRES6.00 NASREENZEB 5128SSTATEHIGHWAY205 ROCKWALL TX 75032
008000000017120R JBR2LLC A0080WWFORD,TRACT1712,ACRES7.32 5133SFM549 ROCKWALL TX 75032
008000000017150R ROCKWALLHIGHGATELTD A0080,WWFORD,TRACT1715,134.33ACRES,(PTOF254.082ACTR) C/OSCOTTASBURY 6210PRESTONCREEKDR DALLAS TX 75240
018600000006000R KLUTTSNORMAALICETR A0186JARAMSEY,TRACT6,ACRES199,(PTOF200.417ACTR) BENAKLUTTSJR&BETTYGBARTONTRUSTEES 1605SUNSETHILLDR ROCKWALL TX 75087
008000000017050R MEDCALFMARKM& A0080WWFORD,TRACT175,ACRES43.812 SHANNONBALTHROP POBOX461947 GARLAND TX 75046
012300000001000R REALTYCAPITALLAKESOFSOMERSETLTD A0123AJOHNSON,TRACT1,ACRES45.575,(PTOF139.354ACTR) 8333DOUGLASAVE STE110 DALLAS TX 75225
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Medcalf/Balthrop Zoning Explanation Letter

The owners are requesting a zoning change to commercial which is in compliance with
the future land use plan. No development is planned at this time but zoning will be in
place so that a potential developer or owner will know the types of uses that will be
allowed.

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CITY OF ROCKWALL

ORDINANCE NO. 13-XX

[ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS
HERETOFORE AMENDED SO AS FURTHER AMEND THE ZONING
MAP TO ADOPT A CHANGE IN ZONING FROM AN AGRICULTURAL
(AG) DISTRICT TO A COMMERCIAL (C) DISTRICT FOR A 45.56-ACRE
TRACT OF LAND DESCRIBED AS TRACT 17-5 OF THE W. W. FORD
SURVEY, ABSTRACT NO. 80, ROCKWALL, ROCKWALL COUNTY,
TEXAS AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT A AND
EXHIBIT B 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 Cameron Slown, on behalf of the owners, Mark
Medcalf and Shannon Balthorp, for an amendment to the Unified Development Code [Ordinance
No. 04-38] of the City of Rockwall to adopt a change in zoning from an Agricultural (Ag) District to
the a Commercial (C) District for a 45.56-acre tract of land described as Tract 17-5 of the W. W.
Ford Survey, Abstract No. 80, Rockwall, Rockwall County, Texas, and more specifically described
in Exhibit A and Exhibit B 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 should
be amended as follows:

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

Section 1. That the Unified Development Code [Ordinance No. 04-38] 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 from an Agricultural (Ag) District to a
Commercial (C) District for the Subject Property; and

Section 2. That the Subject Property shall be used only in the manner and for the purposes
provided for in Section 4.5, Commercial (C) District, Article V, District Development Standards, of
the Unified Development Code of the City of Rockwall as heretofore amended, as amended herein
by granting of this zoning change, and as may be amended in the future.

Section 3. That the official zoning map of the City be corrected to reflect the changes in the
Z2013-002 Page 1 City of Rockwall, Texas
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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
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, ON
THIS THE 4
TH
DAY OF MARCH, 2013.

David Sweet, Mayor
ATTEST:

____________________________


____________________________
Frank J . Garza, Interim City Attorney

1
st
Reading: February 18, 2013

2
nd
Reading: March 4, 2013

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Exhibit A:
Zoning Exhibit

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Exhibit B:
Legal Description

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MEMORANDUM

TO: City Council

FROM: Ryan Miller


SUBJECT: Request to Withdraw Case No. Z2013-003

The applicant Betsy Irvine, on behalf of Ship Shape Services, Inc., has requested that
their zoning application be withdrawn for the purpose of modifying the zoning request
and resubmitting a new application.
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1
Casey, Jacky
From: Betsy Irvine <betsy@shipshapeservices.com>
Sent: Friday, February 15, 2013 12:05 PM
To: Miller, Ryan
Subject: Request letter
Hi Ryan. I am hereby withdrawing my previous letter for a rezoning request.
I will be filing a new rezoning request for a development plan with truck rental allowance asap as soon as I get
the property owner to sign it and have it notarized.
Thank you so much for all your help and patience with us. You have been wonderful.
Betsy Irvine
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CITY OF ROCKWALL
CITY COUNCIL MEMO


APPLICANT: Ship Shape Services, Inc.

AGENDA ITEM: Z2013-003; Zoning Change (AG to HC)

SUMMARY:

Hold a public hearing, discuss and consider a request by Betsy Irvine for approval of a change
in zoning from Agricultural (AG) District to Heavy Commercial (HC) District on a 2.01-acre tract
situated in the J . D. McFarland Survey, Tract 17, City and County of Rockwall, Texas, generally
located on S. Goliad Street, approximately 500 feet south of Ralph Hall Parkway, and take any
action necessary.

PURPOSE & CHARACTERISTICS OF REQUEST:

The subject property is a 2.01-acre tract of land identified as Tract 17 of the J . D. McFarland
Survey, Abstract 145, which was annexed into the City of Rockwall on May 19, 1986 by
Ordinance No. 86-37. At the time of annexation the property had three (3) existing buildings
(two [2] metal buildings and one [1] single story brick and concrete building), which were being
utilized as multi-tenant rental spaces and a bar facility. According to the applicant Betsy Irvine,
Ship Shape Services, Inc. took occupation of the metal building at the rear of the subject
property in May of 2008. At the time of occupation Ship Shape Services, Inc. was a boat repair
facility, which is considered to be a permissible non-conforming use on the subject property.

On J anuary 9, 2013 the Code Enforcement Department issued a notice of zoning violation to
the applicant for the operation of a truck rental business in conjunction with the boat repair
facility. The applicant was advised by the Code Enforcement Department to bring the property
into conformance by either discontinuing the truck rental operation or by applying for a zoning
change to change the zoning district to one that permits the use. According to the use charts in
Article IV, Permissible Uses, of the Unified Development Code (UDC) a Truck Rental Facility is
only permitted by right in a Heavy Commercial (HC) or a Heavy Industrial (HI) District and by a
Specific Use Permit (SUP) in a Light Industrial (LI) District. On J anuary 23, 2013, Ms. Irvine
representing Ship Shape Services, Inc. submitted an application on behalf of the owner, Cathy
Strother, to request a zoning change from an Agricultural (AG) District to a Heavy Commercial
(HC) District for the subject property.

Currently, the subject property does not front onto a public street and is only accessible by a
mutual access drive located off of SH205. The property is located adjacent to the northeastern
branch of Buffalo Creek, and according to the Federal Emergency Management Agencys
(FEMA) floodplain maps is located within the 100 year floodplain. As a result, new development
consisting of paving or the construction of a building is prohibited; however, the buildings
currently existing on the site are permitted to be maintained.

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ADJACENT LAND USES AND ACCESS:

The land uses adjacent to the subject property are as follows:

North: Directly north of the subject property is The Vault Self Storage (a mini-warehouse
facility), Hacienda Carwash (a restaurant, retail, and carwash facility), a retail strip
center, and a vacant 0.77 acre parcel of land fronting on SH205. All properties are
situated within the SH205 Overlay (SH205 OV) District and are zoned Commercial (C)
District.

South: Directly south of the subject property is Buffalo Creek, which is situated on a vacant
31.03 acre tract land.

East: Directly east of the subject property is a 0.494 acre tract of land owned by the State of
Texas. Beyond this land is SH205, followed by the northern most boundaries of
Meadow Creek Estates, Phase I.

West: Directly west of the property is the remainder of the 31.03 acre tract of vacant land
followed by the remainder of The Vault Self Storage property. Beyond these
properties is Ralph Hall Parkway.

ANALYSIS & CONFORMANCE WITH THE COMPREHENSIVE PLAN:

According to the Unified Development Code (UDC), (t)he Heavy Commercial District is
established to provide adequate space and site diversification for commercial establishments
[and] may involve uses that would be objectionable in the other commercial districts or adjacent
to residential districts This district is commercial in nature, but has some aspects that are
similar to the industrial uses. Currently, the uses existing on the site are most comparable to
the uses permitted in the Heavy Commercial (HC) District. This zoning designation represents
one of the citys least restrictive zoning districts in terms of the permitted uses stipulated by
Article IV, Permissible Uses, of the UDC.

Of the three (3) zoning districts that allow the applicants desired use (i.e. the Heavy
Commercial [HC], Heavy Industrial [HI] and Light Industrial [LI] Districts) the Light Industrial (LI)
District represents the most restrictive, requiring a Specific Use Permit (SUP); however, the
UDC states that (t)he purpose of the Light Industrial District is to create a limited industrial zone
that provides for the modern type of industrial uses or industrial park This zone is intended
for industrial parks and larger, [and] cleaner types of industries.

The Future Land Use Map, adopted with the Comprehensive Plan, designates the subject
property for Parks and Open Space and Commercial land uses. The reason for this designation
is due to the adjacency to a major commercial/retail shopping center directly north of the subject
property, the close proximity to a residential subdivision (i.e. Meadow Creek Estates, Phase I),
the adjacency to a major arterial (i.e. SH205), and the prohibitive development requirements
stipulated by FEMA for properties within a 100 year floodplain.

In reviewing the applicants request staff has taken into consideration that at the time of
annexation the property had non-conforming uses in operation. These legal non-conforming
uses, permitted to continue under the requirements of Section 8, Non Conforming Uses,
Structures and Sites, of Article IV, Permissible Uses, of the UDC, make the property less
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restrictive than is generally permitted in an Agricultural (AG) District. Additionally, the
development restrictions placed on the property as a result of being located within floodplain
(e.g. Flood Study, possible Letter of Map Revision [LOMR], detention, requirement to tie into city
utilities, etc.) would make plans to redevelop the property costly. This being said, staff also
acknowledges that the applicants request is not consistent with the zoning of adjacent
properties and the proposed heavy commercial zoning is not in conformance with the
designations established by the comprehensive plan. Furthermore, staff recognizes the
applicants request only accommodates a single use for individual benefit without a relationship
to a public benefit on a property that is already considered to be less restrictive, due to the
permitted non-conforming uses, than other properties of the same zoning. Finally, staff would
like to point out that a change in zoning to a Commercial (C) District would satisfy the
requirements of the Comprehensive Plan and be compatible with adjacent properties; however,
this zoning would not allow the applicants desired use. The zoning of property being a
discretionary act, staff ultimately feels that the approval of the proposed zoning change or
subsequent decision to rezone the subject property is a judgment call for the Planning & Zoning
Commission and City Council.

NOTIFICATION:

On February 1, 2013, staff mailed six (6) notices to property owners within 200 feet of the
subject property. Additionally, staff posted signs along SH205, which is the only street frontage
adjacent to the subject property as required by the Unified Development Code (UDC). At the
time this case memo was drafted no responses were received by staff.


On February 12, 2013, the Planning & Zoning Commission recommended to deny the
applicant's request by a vote of 6-0, with Chairman Herbst absent.
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Case Number:
Case Address:
Z2013-003
2414 S Goliad St.
Case Type: Zoning
Case Name: Zoning Change (AG to HC)
Zoning: Agricultural
Vicinity Map
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PON List (Z2013-003) 1.23.2013
4831000C0001000R DALLASEAST ROCKWALLBUSINESSPARKEAST,BLOCKC,LOT1,ACRES6.036 ATTN;JIMVAUDAGNA 1445WSANCARLOSST SANJOSE CA 95126
006500000025000R STATEOFTEXAS A0065JCADLE,TR25,.494ACOLDPARKONHWY205JUSTPASTROCKWALLBUSINESSPARK(PART) 0
014500000018000R WHITMOREMANUFACTURINGCO A0145JDMCFARLAND,TRACT18,ACRES31.03 POBOX930 ROCKWALL TX 75087
006500000025010R BACKUSWAYNEE A0065JCADLE,TRACT251,ACRES.770,(PTOFOLDPARKON205) 278CORNSTALKRD ROCKWALL TX 75032
4832000B0001000R DALLASEAST ROCKWALLBUSINESSPARKEASTPH2,BLOCKB,LOT1,ACRES1.6764 ATTN;JIMVAUDAGNA 1445WSANCARLOSST SANJOSE CA 95126
014500000017000R STROTHER,CATHY A0145JDMCFARLAND,TRACT17,ACRES2 993NMUNSONRD ROYSECITY TX 75189
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ZONING EXHIBIT
CASE NO. Z2013-003
PROPOSED ZONING CHANGE AG TO HC

J anuary 23, 2013

Attention: J odee Sanford
City of Rockwall
385 South Goliad Street
Rockwall, TX 75087

RE: 2414 S. Goliad Rockwall, Texas 75032

We have been operating a boat washing and detailing service out of this location for several
years. We have recently added a Uhaul rental business to the business. Because of this, we
now have trucks to the left of our building. We did not realize that our location was not zoned for
this so we are respectfully requesting to have the zoning changed to Heavy Commercial.

We do our best to keep the trucks lined up together in tidy fashion. There is plenty of room for the
trucks and they are not that visible from 205 due to the downward slope of the driveway and the
other businesses that are in front of us partially block the view. I cant tell you how many
customers are so happy to be able to rent in Uhaul instead of driving to Royce City and having to
pay $0.99 per mile each way back to their house in Rockwall.

Please note, that we have made a lot of improvements to our half of the building (we are in the
light blue half) and will continue to do so if allowed to rezone. We are seriously considering
leasing the other half of the building in the spring and if we do, we will make the same
improvements to that half of the building which will greatly improve the overall appearance of this
area.

So, please please approve our application for rezoning.

Thank you. If you have any questions or if there is anything else we can do to help get approved,
please feel free to call me or email me. My direct number is 214-662-6266.

Sincerely,

Betsy Irvine
Vice President
Ship Shape Services, Inc.

_____________________________________________________________________________________

Ship Shape Services, Inc. | 709B West Rusk, Suite 582 | Rockwall, TX 75087 | 214-810-7232
www.shipshapeservices.com

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CITY OF ROCKWALL

ORDINANCE NO. 13-XX

[ORDINANCE NO. 04-38] OF THE CITY OF ROCKWALL, AS
HERETOFORE AMENDED SO AS FURTHER AMEND THE ZONING
MAP TO ADOPT A CHANGE IN ZONING FROM AN AGRICULTURAL
(AG) DISTRICT TO A HEAVY COMMERCIAL (HC) DISTRICT FOR A
2.01-ACRE TRACT OF LAND DESCRIBED AS TRACT 17 OF THE J. D.
McFARLAND SURVEY, ABSTRACT NO. 145, ROCKWALL,
ROCKWALL COUNTY, TEXAS AND MORE SPECIFICALLY
DESCRIBED IN EXHIBIT A OF THIS ORDINANCE; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.

WHEREAS, the City has received a request from Betsy Irvine of Ship Shape Services, Inc., on
behalf of the owner, Cathy Strother, for an amendment to the Unified Development Code
[Ordinance No. 04-38] of the City of Rockwall to adopt a change in zoning from an Agricultural (Ag)
District to the a Heavy Commercial (HC) District for a 2.01-acre tract of land described as Tract 17
of the J . D. McFarland Survey, Abstract No. 145, Rockwall, Rockwall County, Texas, and more
specifically described in Exhibit A of this ordinance, which hereinafter shall be referred to as the
Subject Property and incorporated by reference herein; and

WHEREAS, the Planning and Zoning Commission of the City of Rockwall and the governing body
of the City of Rockwall in compliance with the laws of the State of Texas and the ordinances of the
City of Rockwall have given the requisite notices by publication and otherwise, and have held public
hearings and afforded a full and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area, and in the vicinity thereof, and the governing body in
the exercise of its legislative discretion, has concluded that the Unified Development Code should
be amended as follows:

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

Section 1. That the Unified Development Code [Ordinance No. 04-38] 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 from an Agricultural (Ag) District to a Heavy
Commercial (HC) District for the Subject Property; and

Section 2. That the Subject Property shall be used only in the manner and for the purposes
provided for in Section 4.7, Heavy Commercial (HC) District, Article V, District Development
Standards, of the Unified Development Code of the City of Rockwall as heretofore amended, as
amended herein by granting of this zoning change, and as may be amended in the future.

Section 3. That the official zoning map of the City be corrected to reflect the changes in the
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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
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, ON
THIS THE 4
TH
DAY OF MARCH, 2013.

David Sweet, Mayor
ATTEST:

____________________________


____________________________
Frank J . Garza, Interim City Attorney

1
st
Reading: February 18, 2013

2
nd
Reading: March 4, 2013
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Exhibit A:
Zoning Exhibit

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MEMORANDUM

TO: City Council

FROM: Robert LaCroix


SUBJECT: Request to Continue Public Hearing Race Trac SUP (Z2013-004)

The applicant, Kevin Patel of the Dimension Group and representing Race Trac, is
requesting to continue the scheduled public hearing to the March 4, 2013 City Council
meeting. The purpose of the request is to allow additional time to provide a traffic impact
analysis for their proposed project at Ridge Road and Yellow J acket Lane.

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214.343.9400
214.341.9060 Fax
dallas@dimensiongrp.com
10755 Sandhill Road, Dallas, Texas 75238

CI VI L ENGI NEERI NG LAND DEVELOP MENT P LANNI NG ARCHI TECTURE CONSTRUCTI ON MANAGEMENT
February 14, 2013

David Gonzales
Planner
City of Rockwall
Rockwall, TX 75087
972-772-6488
dgonzales@rockwall.com

Re: RaceTrac @ 2205 Ridge Road (FM 740), Rockwall, Texas

Dear David,

This letter is to request continuation of the February 18
th
City Council Public Hearing for the referenced project. To
address P&Z commissions traffic related concerns, we would like to reschedule the City Council Public Hearing on March
4
th.

Should you have any concerns, please do not hesitate to contact me

Sincerely,
Kevin Patel
Project Manager
Phone: 214.343.9400
e-mail: kpatel@dimensiongrp.com

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CITY OF ROCKWALL
CITY COUNCIL MEMO


APPLICANT: The Dimension Group

AGENDA ITEM: Z2013-004; RaceTrac SUP

Hold a public hearing, discuss and consider a request by Kevin Patel for approval of a Specific
Use Permit (SUP) to allow for a retail outlet where gasoline products are sold as an accessory
to a retail use, as stipulated by the Scenic Overlay (SOV) District, for a 2.46-acre tract of land
described as Lots 1R and 2R of the Woods at Rockwall Addition, City and County of Rockwall,
Texas, located at the southeast corner of Ridge Road and Yellow J acket Lane, zoned (C)
Commercial district and situated within the Scenic Overlay (SOV) District, and take any action
necessary.

BACKGROUND INFORMATION:

The applicant, Kevin Patel of the Dimension Group, is requesting approval of a Specific Use
Permit (SUP) for a proposed RaceTrac convenience store and fuel center that will be located on
Lots 1R and 2R of the Woods at Rockwall Addition. The property is located on the southeast
corner that intersects Ridge Road and Yellow J acket Lane, is zoned Commercial (C) district,
and is within the Scenic Overlay (SOV) district. As a note, the applicant has submitted a Site
Plan request concurrently with the SUP application.

The proposed 6,120 sq-ft convenience store will include gasoline product sales with ten (10)
gasoline pumps that will accommodate up to twenty (20) vehicles. The SOV Overlay district has
a land use element incorporated within this district and requires the approval of an SUP in order
to allow for the fuel center as an accessory use to the retail facility.

Included in your packet are the letter requesting the SUP, the meets and bounds description for
the property, and the SOV Overlay district requirements. Staff feels the proposal to be
reasonable and supports the applicants request for the SUP.

NOTIFICATION:

A public notice has been published in the Rockwall County News, on the Citys web-site, and a
sign has been posted on the property. Also, notices have been mailed to twenty-two (22)
property owners within 200-ft of the subject property as required by law. At time of this report,
staff has received two (2) response in favor of," and none opposed to the request.

RECOMMENDATIONS:

Staff recommends approval of the request with the following conditions:

1. That the development shall strictly adhere to the approved site plan.

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2. That an application for a replat of the Woods at Rockwall Addition be submitted and approved
prior to issuance of a building permit.

3. No outside display of merchandise or outside storage shall be allowed on the property, with
the exception of the following items as indicated on the approved site plan: ice machine,
propane cage and "red box" DVD rental kiosk.

4. Adherence to all engineering and fire department requirements.

On February 12, 2013, the Planning and Zoning Commission recommended denial of the
Specific Use Permit by a vote of 5 to 1 (McCutcheon against - Herbst absent). A
recommendation for denial from the Planning and Zoning Commission shall require a favorable
vote of three-fourths of all eligible members of council.

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Z2013-004 - RACETRAC
SUP - LOCATION MAP =
the user.
City of Rockwall
0 260 520 780 1,040 130
Feet
(P): (972) 771-7745
(W): www.rockwall.com I
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Z2013-004 Race Trac SUP (Page 1 of 2)
CITY OF ROCKWALL

ORDINANCE NO. 13-

SUP NO. _____

OF THE CITY OF ROCKWALL, TEXAS, AS PREVIOUSLY AMENDED,
SO AS TO GRANT A SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A
RETAIL OUTLET WHERE GASOLINE PRODUCTS ARE SOLD AS AN
ACCESSORY TO A RETAIL USE, AS STIPULATED BY THE UNIFIED
DEVELOPMENT CODE (UDC), SEC. 6.8 SCENIC OVERLAY (SOV)
DISTRICT AND ZONED (C) COMMERCIAL DISTRICT, ON A 2.46-ACRE
TRACT OF LAND SITUATED IN THE WOODS AT ROCKWALL
ADDITION AND MORE SPECIFICALLY SHOWN IN EXHIBIT B ;
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, a Specific Use Permit (SUP) to allow for a retail outlet where gasoline products
are sold as an accessory to a retail use, as stipulated by the Unified Development Code (UDC),
Sec. 6.8 Scenic Overlay (SOV) District and zoned (C) Commercial District, has been requested by
Kevin Patel of The Dimension Group, on a 2.46-acre tract proposed to be replatted as Lot 2, Block
A, Woods at Rockwall Addition, situated at the southeast corner of Ridge Road and Yellow J acket
Lane, and more specifically shown in Exhibit A; 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
of the City of Rockwall should be amended as follows:

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

Section 1. That the Unified Development Code of the City of Rockwall, as heretofore
amended, be and the same is hereby amended so as to grant a Specific Use Permit (SUP) to allow
for a retail outlet where gasoline products are sold as an accessory to a retail use, as stipulated by
the Unified Development Code (UDC), Sec. 6.8 Scenic Overlay (SOV) District and zoned (C)
Commercial District, on a 2.46-acre tract proposed to be replatted as Lot 2, Block A, Woods at
Rockwall Addition, situated at the southeast corner of Ridge Road and Yellow J acket Lane, and
more specifically shown in Exhibit A; and

Section 2. That the Specific Use Permit shall be subject to the conditions set forth in
Article V, Section 4.5, Commercial District and Section 6.8, Scenic Overlay (SOV) District of
the City of Rockwall Unified Development Code (Ord. No. 04-38), as heretofore amended and as
may be amended in the future, and shall be subject to the additional following additions:
1. That the development shall strictly adhere to the proposed site plan attached
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152

Z2013-004 Race Trac SUP (Page 2 of 2)
hereto as (Exhibit "A") and described hereto as (Exhibit B).
2. That an application for a replat of the Woods at Rockwall Addition be submitted
and approved prior to issuance of a building permit.
3. No outside display of merchandise or outside storage shall be allowed on the
property, with the exception of the following items as indicated on the approved
site plan: ice machine, propane cage and DVD rental kiosk.
4. Adherence to all engineering and fire department requirements.

Section 3. That the official zoning map of the City be corrected to reflect the changes in

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, 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
the Unified Development Code No. 04-38 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 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.

TEXAS, this ___ day of __________, 2013.

David Sweet, Mayor

ATTEST:



Frank Garza, Interim City Attorney

1st Reading:

2nd Reading:
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Exhibit "A"
Property Description (Proposed Lot)

Being a portion of Lots 1 and 2, Block A of THE WOODS AT ROCKWALL ADDITION,
an Addition to the City of Rockwall, Rockwall County, Texas, according to the Plat
thereof recorded in Cabinet E, Slide 343, Plat Records, Rockwall County, Texas and
being more particularly described by metes and bounds as follows:

Beginning at an "X" set in the South right-of-way line of Yellowjacket Lane (90 foot
public right-of-way), said point being the Northwest corner of Lot 3R, Block B of
REPLAT WOODS AT ROCKWALL ADDITION NO. 1, an addition to the City of
Rockwall, Rockwall County, Texas, according to the plat thereof recorded in Cabinet E,
Slide 389 of the Plat Records of Rockwall County, Texas, same being the Northeast
corner of said Lot 2, same being the Northeast corner of herein described tract;

Thence South 10 Degrees 17 Minutes 28 Seconds East, along the West line of said Lot
3R, a distance of 221.40 feet to a 1/2 inch iron rod set for corner with a yellow cap
stamped "TXHS", said point being the Southwest corner of said Lot 3R, same being the
Northwest corner of Wal-Mart Supercenter Addition, an addition to the City of Rockwall,
Rockwall County, Texas, according to the plat thereof recorded in Cabinet E, Slide 333
of the Plat Records of Rockwall County, Texas, and being the beginning of a non-
tangent curve to the right;

Thence, in a westerly direction, departing the Southwest corner of said Lot 3R and the
Northwest corner of said Wal-Mart Supercenter Addition, traversing through said Lot 2,
and along said curve to the right, through a central angle of 0007'47", a radius of
772.78 feet, a chord bearing and distance of South 8823'25" West, 1.75 feet and an
arc length of 1.75 feet to a point for corner, said point being the beginning of a curve to
the left;

Thence, in a westerly and southwesterly direction, traversing through said Lot 2 and
crossing into said Lot 1, along said curve to the left, through a central angle of
3019'13", a radius of 536.81 feet, a chord bearing and distance of South 7317' 35"
West, 280.77 feet, and an arc length of 284.07 feet to a point for corner in said Lot 1;

Thence South 81 Degrees 52 Minutes 09 Seconds West, traversing through said Lot 1,
a distance of 137.61 feet to a point for corner, said point being the Southwest corner of
herein described tract;

Thence North 43 Degrees 04 Minutes 09 Seconds West, a distance of 128.96 feet to a
1/2 inch iron rod set for corner with a yellow cap stamped "TXHS" in the Southeast
right-of-way line of F.M. 740 (variable width public right-of-way), said point being in the
Northwest line of said Lot 1, same being the West corner of herein described tract;

Thence North 46 Degrees 54 Minutes 21 Seconds East, along the Southeast right-of-
way line of said F.M. 740, a distance of 180.00 feet to a TXDOT Monument found for
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Exhibit "B"
corner, said point being the North corner of said Lot 1, same being the West corner of
said Lot 2;

Thence North 25 Degrees 05 Minutes 54 Seconds East, continuing along the Southeast
right-of-way line of said F.M. 740, a distance of 117.39 feet to a 1/2 inch iron rod set for
corner with a yellow cap stamped "TXHS" at the intersection of the Southeast right-of-
way line of said F.M. 740 and the South right-of-way line of said Yellowjacket Lane, said
point being the Northwest corner of said Lot 2, and being the Northwest corner of herein
described tract;

Thence North 60 Degrees 26 Minutes 48 Seconds East, along the South right-of-way
line of said Yellowjacket Lane, a distance of 40.41 feet to a 1/2 inch iron rod set for
corner with a yellow cap stamped "TXHS";

Thence South 82 Degrees 31 Minutes 30 Seconds East, continuing along the South
right-of-way line of said Yellowjacket Lane, a distance of 140.14 feet to a 1/2 inch iron
rod set for corner with a yellow cap stamped "TXHS", said point being the beginning of
a curve to the left;

Thence, continuing along the South right-of-way line of said Yellowjacket Lane, and
along said curve to the left, through a central angle of 648'23", a radius of 845.00 feet,
a chord bearing and distance of South 8555'43" East, 100.32 feet and an arc length of
100.38 feet to the POINT OF BEGINNING and containing 107,210 square feet or 2.46
acres of land.

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MEMORANDUM


FROM: Mary Smith, Assistant City Manager


SUBJECT: Aqua Contract Approval

The accompanying contract for acquisition of the Aqua water and sewer systems has
been approved by Aquas boards and is ready for final Council action. Staff has
prepared a list of action items which will need to be performed as we move through the
steps to get to closing. The sale requires TCEQ approval which may take up to 120
days following Councils action. Staff has begun the process of completing the TCEQ
application and is working with Aqua staff in an effort to get it filed by weeks end.

We have scheduled a recurring weekly conference call between Aqua and City staff to
be sure that we are completing all tasks in a timely manner in order to be ready for
closing as soon as approval is granted by the TCEQ. There will be further Council
approval points as we prepare for the interconnect between the systems and for the
bond sale.

Staff will be available at the meeting to answer any questions the Council may have.
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MEMORANDUM




SUBJECT: Resolution Regarding Intent to Reimburse

The City will need to expend funds in preparation for the acquisition of the Aqua
systems in Lake Rockwall Estates. This may include the deposit of earnest money with
the title company, surveys, document preparation, acquisition of easements, design
and construction of the interconnect between their sewer system and the Citys line.

City staff will be working with First Southwest Company to appropriately time the bond
issue for acquisition but the resolution being considered will allow any and all costs
expended prior to the debt issue to be reimbursed from the bond proceeds. Staff will
be available at the meeting to answer any questions Council may have.
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RESOLUTION NO. _______________
RESOLUTION EXPRESSING OFFICIAL INTENT
TO REIMBURSE COSTS OF PROJ ECT
WHEREAS, the City of Rockwall, Texas (the "Issuer") is a home-rule municipality and political
subdivision of the State of Texas;
WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with
the acquisition of the project described on Exhibit A hereto (the "Project") prior to the issuance of tax-
exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to
finance or refinance is required by Federal or state law (collectively and individually, the "Obligations")
to finance the Project;
WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of
such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such,
chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations
to finance the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROCKWALL, TEXAS:
Section 1. The Issuer reasonably expects to incur debt, as one or more series of Obligations,
with an aggregate maximum principal amount equal to $3,500,000 for the purpose of paying the costs of
the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No
Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18
months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with
respect to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no Obligation will be issued pursuant to this
Statement more than three years after the date any expenditure which is to be reimbursed is paid.
Section 4. The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with
qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall
be issued after 18 months of the date the original expenditure is made.
Section 5. This Resolution shall be effective immediately upon adoption.
DULY PASSED by the City Council of the City of Rockwall, Texas, this the _______ day of
______________________, 2013.

APPROVED:

MAYOR
[CITY SEAL]
ATTEST:

CITY SECRETARY
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Exhibit A

Costs related to acquisition of Aqua water and sewer system.

Acquisition Price $3,500,000
Design and construction of Interconnect up to $125,000
Legal fees, surveyor fees, TCEQ filing fees

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From: Crowley, Rick
Sent: Thursday, February 14, 2013 11:18 PM
To: Ashberry, Kristy; Smith, Mary
Cc: Smith, Mary
Subject: Fwd: 2nd Amendment Resolution and supporting materials

See below.

Sent from my iPhone

Begin forwarded message:
From: "Smith, Michelle" <MichelleSmith@rockwall.com>
Date: February 14, 2013 2:15:34 PM CST
To: "Crowley, Rick" <RCrowley@rockwall.com>
Subject: Fwd: 2nd Amendment Resolution and supporting materials
Much of this is my homework. The amended changes to the resolution are fine.
Kindest Regards,

Michelle Smith
Phone: 972-835-9506

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ROCKWALL, TEXAS TO PROTECT AND DEFEND THE
CONSTITUTIONAL RIGHT TO KEEP AND BEAR ARMS;
PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, a government of, by, and for the people has long been a cherished
American value and the foundation of our freedom; and We The Peoples fundamental and
inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit
of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and;
WHEREAS, the Second Amendment to the United States Constitution provides: "A well-
regulated militia being necessary to the security of a free state, the right of the people to keep
and bear arms shall not be infringed."

WHEREAS, the Ninth Amendment to the United States Constitution provides: "The
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people."

WHEREAS, the Tenth Amendment to the United States Constitution provides: "The
powers not delegated to the United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people," and;

WHEREAS, the Texas Constitution, Article 1 Section 23a declares: Every citizen shall
have the right to keep and bear arms in the lawful defense of himself or the State," and;
WHEREAS, the citizens of Rockwall, Texas recognize their duty as law-abiding citizens
to act in accordance with the U.S. Constitution and the Texas Constitution, and agree that the
right to keep and bear arms shall not be infringed upon by any government or organization,
political or otherwise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROCKWALL, TEXAS, as follows:
Section 1. The citizens representatives, City Council and Mayor of Rockwall, Texas
hereby call upon our state legislators and elected officials to join with us in the affirmation of the
rights of our citizens under the 2
nd
Amendment.
Section 2. All federal acts, laws, executive orders, agency orders, and rules or
regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning
any firearm, limiting the size of a magazine for any firearm, imposing any limit on the
ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore,
or requiring the registration of any firearm or ammunition therefore, infringes upon Texans right
to bear arms in direct violation of the Second Amendment to the Constitution of the United
States, and therefore, any such law is not made in pursuance of the Constitution, is not
authorized by the Constitution, and thus, is not the supreme law of the land, and consequently,
is invalid in the State of Texas and shall be further considered null and void and of no effect in
this City.
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Section 3. That all agencies of the City of Rockwall are instructed to refuse requests or
directives by federal agencies acting under unconstitutional powers enumerated in Section 2
above that would infringe upon our residents second, ninth, and tenth amendment rights, or
other inalienable rights not here explicitly enumerated.
Section 4. The City of Rockwall, State of Texas calls on other communities and
jurisdictions to join with us in this action by passing similar Resolutions.
Section 5. That copies of this Resolution be immediately transmitted to the President of
the United States; the President of the United States Senate; the Speaker of the House of
Representatives; each member of Congress from the State of Texas; each justice on the United
States Supreme Court; the Attorney General of the State of Texas; the President of the Senate
and the Speaker of the House of Representatives of Texas legislature; each individual legislator
that represents our district in the State of Texas; and the Sheriff of Rockwall County.

TEXAS THIS 18
th

David Sweet, Mayor

ATTEST:

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MEMORANDUM




SUBJECT: Hotel Tax Funding Requests Multiple Organizations

The Hotel / Motel sub-committee of City Council met Monday February 11
th
to consider
the accompanying requests for funding. After discussion the subcommittee
recommends the following:

Rockwall Aquatic Center USA swimming invitational - award $10,000

Rockwall Rubber Duck Regatta 2013 two-day event award $2,000

Lakeside Civic Chorus 2013 concerts additional funding no funds

In addition, the subcommittee received a request for funds for a state gymnastics meet to be
held at Rockwall High School. Several questions need to be answered prior to the
subcommittees completing their review of this application.

The subcommittee members are Mayor Pro Tem David White, Councilmember Dennis Lewis
and Councilmember Mike Townsend.
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MEMORANDUM

TO: Hotel / Motel Sub-committee Members

FROM: Mary Smith, Director of Finance

DATE: January 25, 2013

SUBJECT: Request for Funding Allocation Multiple Organizations

The City has received supplemental funding requests for hotel occupancy tax
revenues. The requests are attached for the subcommittees consideration at the meeting this
Monday evening. The requests are as follows:
Organization Event Amount
Rockwall Aquatic Center of Excellence
Parent Advisory Council
USA Swimming Sanctioned Meet $10,000
Rockwall Rubber Duck Regatta Regatta and Duck Fest $17,460
Lakeside Civic Chorus Request additional funding $ 2,500

Copies of the Funding Request Questionnaire and supporting documentation are
attached for the Subcommittees review and recommendation to the full Council.

In addition, we received a letter from the Kiwanis Club notifying the Council that the
group has decided not hold the May 2013 Triathlon and will not need the $5,000 awarded to
the group for the event.

At the present, the Hotel/Motel Occupancy Tax budget is as follows:

Fund Balance carried forward $ 136,912
Revenues budgeted 250,000
Allocated Funding (270,500)
Projected Fund Balance $ 116,412

Actual revenues collected year to date are for the first quarter of the fiscal year are to date are
5.4% ahead of revenues at this time last year.

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Feb. 18, 2013 Rockwall City Council Meeting

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