irvingcc agenda 2010-02-04

8/14/2019 IrvingCC Agenda 2010-02-04

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, FEBRUARY 4, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 02/4/2010 1

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11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, FEBRUARY 3, 2010 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M. ------------------------------------------------------------Organizational Service Announcements

Invocation

Pastor J. Josh Smith, MacArthur Blvd. Baptist Church

Pledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 31

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

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CITY COUNCIL AGENDA

1 City Manager’s Strategic Plan Update

CONSENT AGENDAItems 2 - 18

2 Approving Minutes for Wednesday, January 13, 2010

3 Approving Minutes for Thursday, January 14, 2010

4 Resolution -- Authorizing the Destruction of Obsolete Records inAccordance with the City of Irving’s Records Management Policy

Administrative Comments

1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: Departments annually approve destruction of records whose legalretention has been met. This assures that all records destruction is in compliancewith the Records Management Plan.

3. Destruction is requested for 159.5 cubic feet of records for Police Administration,Solid Waste Services, Parks and Building Services, Purchasing, Library, CodeEnforcement and Fleet.

Recommendation

The resolution be approved.

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5 Resolution -- Approving InformaSystem’s Learning Management SystemDedicated Hosted Server Service Agreement


1. This item supports Strategic Goal No. 4: Safe and Secure City and No. 8: SoundGovernance.

2. Impact: This web-based application is a combined Learning Management Systemand authoring tool with unique features not provided by any other solution.

3. This item has been recommended by the Police Department and InformationTechnology, and it is a Strategic Project/Task approved by the Technology ReviewCommittee.

4. This agreement provides the ability to submit the Irving Police Department’s trainingrecords to the Texas Commission on Law Enforcement Officer Standards andEducation (TCLEOSE) database using the Texas Commission on Law EnforcementData Distribution System (TCLEDDS) protocol. It also provides mandatedTCLEOSE state training courses.

5. Funding in the amount of $49,170.00 for the period February 1, 2010, throughSeptember 30, 2010, is available in the Police Narcotics Fund. Funding in the netestimated amount of $33.780.00 for year two and in the net estimated amount of$18,250.00 for year three and four of the contract are available subject to fundsbeing appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.

Recommendation


6 Resolution -- Approving Addendum No. 1 to Option Agreement betweenthe City of Irving and Chaparral Rails to Trails, Inc., and Approving theFirst Option Extension for Approximately 56 Miles of Right-of-Way


1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. Impact: Approval of this addendum and option payment will secure Irving’s ability topurchase almost 56 miles of right-of-way through July 5, 2011.

3. On April 23, 2009, the City of Irving entered into an option agreement withChaparral Rails to Trails, Inc., for the purchase of almost 56 miles of right-of-way.

This right-of-way would be used for a raw water line. The surface of the right-of-way would remain available for recreational trail activity.

4. Funding in the amount of $100,000 is available in the Water ResourcesDevelopment Fund.

Recommendation


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7 Resolution -- Authorizing the Mayor to Execute an Interlocal AgreementBetween the City of Irving and Dallas County Accepting a TrailDevelopment Grant for the Construction of Campion Trails


1. This item supports Strategic Goal No. 7: Cultural, Recreational and EducationalEnvironments.

2. Impact: This grant will provide $461,011.00 for the continued construction ofCampión Trails.

3. The grant provides $461,011.00 for the construction of primary trail in River HillsPark. This will extend the primary trail to the north of Trinity View Park and thegrant project will include 495 feet of 12’ wide primary trail, and two pedestrianbridges.

4. This is a reimbursement grant which requires the city to spend the funds and bereimbursed by Dallas County.

5. This grant funding is available to the city because of our recent favorable bidsreceived on the Twin Wells to Trinity View Parks trail extension which was fundedwith the 2008 Dallas County Trail Grant.

6. The construction documents for this project will be prepared by in-house staff on theCapital Improvement Program Team.

7. The grant has a three year term and all construction will have to be completedwithin three years.

8. This is the fourth consecutive Dallas County Trail Grant received by the city. Theprevious grants include $235,000.00 in 2007, $1.1 million in 2008, and $1.3 million

in 2009.9. Funding in the amount of $461,011.00 is available in the Non-Bond CIP Fund.

Recommendation


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8 Resolution -- Approving a Temporary Employee for the Position ofEducational Coordinator at the Irving Arts Center for Educational ActivitiesRelated to the Special Exhibiton “Genghis Khan.”


1. This item supports Strategic Goal No. 7: Exceptional Recreational, Cultural, and

Educational opportunities.2. Impact: The position of Educational Coordinator will be hired as a Temporary

Employee to develop educational activities reaching schools within a 400-mileradius of DFW for field trips.

3. The position is crucial because of the administrative requirements necessary for thesuccessful coordination with multiple school districts, teachers, transportation andhotel arrangements required for this program, thereby, increasing attendance to theexhibition and educational opportunities throughout the region

4. Funding in the amount of $52,000.00 is available in the Contract Labor Fund. Abudget adjustment for $21,892.00 is available in the Genghis Khan Fund.

It will have no impact on the City’s General Fund. The Arts Center has funding topay for the position as long as we anticipate it will be in place.

Recommendation


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Bids & Purchasing ItemsItems 9 - 14

9 Resolution -- Approving and Accepting the Bid of IESI TX Corp, for anAnnual Contract to Provide Collection of Containerized Refuse for CityFacilities

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. This item has been recommended by Solid Waste Services.

3. Impact: This service promotes a positive work environment and improves thevisual impression of the community.

4. This award establishes an annual contract for the continuation of providingcollection of containerized refuse for City facilities.

5. Funding in the net estimated amount of $39,026.19 for the period of March 1, 2010,through September 30, 2010, in the net estimated amount of $66,902.07 for the

period of October 1, 2010, through September 30, 2011, and in the net estimatedamount of $27,875.88 for the period of October 1, 2011, through February 28, 2012,is available in the Solid Waste Enterprise Fund, subject to funds being appropriatedin Fiscal Years 2010-11 and 2011-12.

Recommendation


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10 Resolution -- Approving and Accepting the Bids of Badger Meter, Inc., andHersey Meters Company, LLC, for Annual Contracts to Provide WaterMeters


1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. This item has been recommended by Water Utilities.

3. Impact: This award will allow Water Utilities to replace aging and malfunctioningwater meters to provide accurate billing and avoid lost revenue in the water system.

4. This award establishes annual contracts for the continuation of providing watermeters. The items in Group 4 are no longer needed and will be removed from thenext bidding opportunity.

5. Funding in the net estimated amount of $571,066.48 for the period of February 4,2010, through September 30, 2010, and in the net estimated amount of$190,355.49 for the period of October 1, 2010, through January 31, 2011, is

available in the Water Improvement Bond Fund, subject to funds being appropriatedin Fiscal Year 2010-11.

Vendor Groups(s)FY09-10Est. Exp.

FY10-11Est. Exp.

Total AnnualEst. Exp.

Badger Meter, Inc. 1 and 5 $301,443.75 $100,481.25 $401,925.00Hersey Meters Company, LLC 2 and 3 $269,622.73 $ 89,874.24 $359,496.97

Total Estimated Amount $571,066.48 $190,355.49 $761,421.97

Recommendation


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11 Resolution -- Renewing the Annual Contracts with Landmark EarthServices, LLC, and Edko, LLC (formerly SprayMAX, Inc.) for ChemicalWeed and Pest Control for Park Areas and Drainage Channels


1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational

Environments.

2. This item has been recommended by Parks and Building Maintenance.

3. Impact: Keeping the park areas and drainage channels free of weeds and insectsimproves the visual impression of the community and provides a safe and invitingenvironment for outdoor recreation.

4. This renewal establishes the continuation of annual contracts to provide chemicalweed and pest control for parks and drainage channels. The original contract wasawarded on the basis of competitive bids.

5. Funding in the net estimated amount of $51,963.56 for the period of March 1, 2010,

through September 30, 2010; in the net estimated amount of $63,364.58 for theperiod of October 1, 2010, through September 30, 2011; and in the net estimatedamount of $11,401.02 for the period of October 1, 2011, through February 28, 2012,is available in the General Fund, subject to funds being appropriated in Fiscal Years2010-11 and 2011-12.

Vendor Section(s)FY09-10Est. Exp.

FY10-11Est. Exp.

FY11-12Est. Exp.

Total 2-YearEst. Exp.

Landmark Earth Services, LLC I $18,052.84 $18,052.84 $ 0.00 $36,105.68Edko, LLC (formerly SprayMAX, Inc.) II $33,910.72 $45,311.74 $11,401.02 $90,623.48

Total Estimated Amount $51,963.56 $63,364.58 $11,401.02 $126,729.16

Recommendation


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12 Resolution -- Renewing the Annual Contract with Quality Tractor MowingCorp., for Mowing and Litter Control on Public Rights of Way and TXDOTRights of Way


1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational

Environments.2. This item has been recommended by Parks and Building Maintenance.

3. Impact: Maintenance of City and State properties promotes the visual impressionof the City, making Irving a more attractive community.

4. This renewal establishes the continuation of an annual contract to provide mowingand litter control on public rights of way and TXDOT rights of way. The originalcontract was awarded on the basis of competitive bids.

5. Funding in the net estimated amount of $169,119.40 for the period of March 1,2010, through September 30, 2010; in the net estimated amount of $209,926.40 forthe period of October 1, 2010, through September 30, 2011, and in the net

estimated amount of $40,807.00 for the period of October 1, 2011, throughFebruary 28, 2012, is available in the General Fund, subject to funds beingappropriated in Fiscal Years 2010-11 and 2011-12.

Recommendation


13 Resolution -- Renewing the Annual Contract with Whitmore & Sons, Inc.,for Mowing, Litter Control, and Grounds Maintenance for Medians and

Various Properties Administrative Comments

1. This item supports Strategic Goal No. 7: Cultural, Recreational, and EducationalEnvironments.

2. This item has been recommended by Parks and Building Maintenance.

3. Impact: This service helps to maintain and improve the visual impression of thecommunity.

4. This renewal establishes the continuation of an annual contract to provide mowing,litter control, and grounds maintenance of various properties. The original contract

was awarded on the basis of competitive bids.5. Funding in the net estimated amount of $130,724.57 for the period of March 1,

2010, through September 30, 2010, and in the net estimated amount of $40,349.68for the period of October 1, 2010, through February 28, 2011, is available in theGeneral Fund, subject to funds being appropriated in Fiscal Year 2010-11.

Recommendation


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14 Resolution -- Approving and Accepting the Proposal of Chase EquipmentFinance, Inc., for Lease-Purchase Financing of an Aerial Truck and aRescue Truck



2. This item has been recommended by Financial Services.

3. Impact: The City will save approximately $450,000.00 in interest using a five-yearlease/purchase arrangement instead of the 20-year General Obligation bond issue.

4. This award establishes a lease-purchase agreement for providing financing to theCity at an interest rate up to 3.4%, for an aerial truck and a rescue vehicle for Fire.Rate will be locked in for the entire lease by the end of February 2010.

5. Both vehicles were approved for purchase from Metro Fire Apparatus Specialists,Inc., by the December 11, 2008, Council. One vehicle has been delivered and theother vehicle is expected to be delivered within six to twelve weeks.

6. In lieu of direct participation, Chase affirms that approximately 25% of previousquarter purchases were from M/WBE vendors.

7. Payments will be made semi-annually, starting six months after funding is secured(beginning approximately August 2010 and ending approximately February 2015).

8. Funding will be in the total amount not to exceed $1,599,960.10 to be paid in tensemi-annual installments in the amount not to exceed $159,996.01 in Fiscal Year2009-10; in the amount not to exceed $319,992.02 in Fiscal Year 2010-11; in theamount not to exceed $319,992.02 in Fiscal Year 2011-12; in the amount not toexceed $319,992.02 in Fiscal Year 2012-13; in the amount not to exceed$319,992.02 in Fiscal Year 2013-14; and in the amount not to exceed $159,996.01

in Fiscal Year 2014-15, subject to funds being appropriated in Fiscal Years 2010-11, 2011-12, 2012-13, 2013-14, and 2014-15, in the Equipment Replacement Fund.

Recommendation


End of Bids

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15 Ordinance -- Calling a Regular Municipal Election to be Held on Saturday,May 8, 2010, for the Purpose of Electing City Council Places One (1), Two(2), and Seven (7), and Calling a Subsequent Run-Off Election, IfNecessary



2. Impact: The City holds the General Election for Mayor and Council places everyyear in May to assure that the residents of Irving have a choice in regards to theirrepresentation at the municipal level.

3. The City Secretary’s Office has prepared the ordinance to call an election andcorresponding candidate packet information based on single-member districts;recognizing that this is subject to a Federal ruling.

4. This also serves as an official confirmation of the offices to be filled and will besubmitted as a part of the preclearance filed with the Justice Department.

RecommendationThe ordinance be adopted.

16 Ordinance -- Providing for the Issuance and Sale of City of Irving, TexasHotel Occupancy Tax Revenue Bonds, Taxable Series 2010, in theApproximate Aggregate Principal Amount of $9,000,000; Approving andAuthorizing the Execution and Delivery of a Bond Purchase Agreement,and a Paying Agent/Registrar Agreement; and Prescribing Other Matterswith Respect Thereto

Administrative Comments1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: Approval of this Ordinance allows staff to move forward with theconstruction phase of the Entertainment Venue Project. This venue will provide anessential component to the Convention Center project attracting visitors andbusinesses from around the world.

3. The Ordinance provides for the sale of the Entertainment Venue Revenue Bonds inthe aggregate principal amount of $9,000,000 to provide for a portion of theengineering phase of this project.

4. Combined with the Series 2009 and 2009A Entertainment Venue Bonds issued lastyear, the amount of bonds issued for the this project totals $25,000,000.

5. The debt issuance is a private placement financing structure through the Bank ofAmerica.

Recommendation

The ordinance be adopted.

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17 Ordinance -- Final Reading - Amending Chapter 52 Entitled "Water andSewer Rates" of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas, Providing for New Monthly Water and Sewer Rates;Providing for a New Maximum Monthly Service Charge; Providing anEffective Date; and Providing a Severability Clause


2. Impact: The projected revenue collection under proposed rates will provide enoughto fund projected revenue requirements, including operating expenses and debtservice payments.

3. A cost of service study is prepared annually to ensure that funding is available tomeet the cash flow needs of the Water and Sewer System Fund and associatedfunds and produce the required bond coverage factor to allow for the issuance ofadditional bonds and maintain current bond ratings.

4. As a result of elevated rainfall thus far this fiscal year, projections indicate that wewill not have sufficient cash balances at the end of the fiscal year to meet cashrequirements. Projections further indicate that operating revenue will be belowbudget resulting in our not meeting average and maximum debt coverage goals of1.75% and 1.50% respectively. In order to mitigate this situation and meetcommitments made to rating agencies, staff recommends a 5% adjustment to bothwater and sewer rates. Without such adjustments, the general fund will again beforced to support the water and sewer system fund at a time when this is notfeasible.

Recommendation


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18 Ordinance -- Final Reading - Amending Section 34A-180 of Chapter 34AEntitled "Right-Of-Way Management" of the Code of Civil and CriminalOrdinances of the City of Irving, Texas, Providing for Franchise Fees onWater, Sanitary Sewer, and Refuse Pickup Service; Providing an EffectiveDate; and Providing a Severability Clause.


2. Impact: A 2% increase in the franchise fee will be below or equal to comparablefranchise fees charged by benchmark cities. The additional revenue is necessaryto fund needed infrastructure replacements.

3. Additional revenue generated by this ordinance will be dedicated to the repair andreplacement of neighborhood streets, sidewalks, and drainage disrupted by therepair and replacement of water and sewer lines.

Recommendation


ZONING CASES AND COMPANION ITEMS

19 Resolution -- Approving Special Sign Permit No. S0909-0033 to Install aDigital Sign Located at 208 South Story Road - Terry Waldrum, ApplicantRepresenting Gracepointe Church, Owner


1. This item supports Strategic Goal No. 1: Land Use

2. Impact: This special sign permit will enhance the signage on Story Road andimprove the aesthetics of the City of Irving.

3. The applicant requests approval to install a digital monument sign. The sign will betwo feet from the property line, and will be encased in a stone veneer. The signcomplies with all requirements of the sign ordinance except for the inclusion of thedigital message screen, which requires City Council approval.

4. The applicant has worked closely with staff to improve the sign design.

5. Section 7-3.1 of the Land Development Code authorizes the City Council to grant aspecial sign permit for digital signs.

Recommendation



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20 Resolution -- Approving Special Sign Permit No. S0912-0036 to Install TwoDigital Signs Located at 4243 West Pioneer Drive - Lucky Texan LLC,Applicant/Owner


1. This item supports Strategic Goal No. 1: Land Use.

2. Impact: This special sign permit will enhance the signage on Esters Road and West

Pioneer Drive, and improve the aesthetics of the City of Irving.3. The applicant is constructing a new convenience store at the northeast corner of

Esters Road and West Pioneer Drive, with the main building facing south. Theapplicant seeks approval for two digital monument signs; one facing Esters Road,and the other facing West Pioneer Drive. The two signs will each be encased in abrick masonry façade that matches the main building. The signs comply with allrequirements of the sign ordinance except for the inclusion of the digital messagescreens, which require City Council approval.


5. Section 7-3.1 authorizes the City Council to grant a special sign permit for digital

signs.Recommendation


21 Resolution -- Approving Special Sign Permit No. S0912-0042 to Install FullColor LED Digital Sign - Located at 1144 East Irving Boulevard - AlanizAuto Ranch, Inc., Applicant - Robert Alaniz, Owner


1. This item supports Strategic Goal No. 1: Land Use2. Impact: This special sign permit could enhance the signage on Irving Boulevard

and improve the aesthetics of the City of Irving.

3. The applicant requests approval to install a digital message sign. The sign will beencased in masonry that matches the building.

4. The proposed sign is nine feet tall and six feet wide, and has a zero foot setbackfrom the property line.

5. The allowed maximum height for a standard monument sign is seven feet. Amonument sign may go as high as nine feet if the applicant provides all of theenhancements listed in the ordinance. The applicant has not provided (a) external,

ground-mounted lighting, or (b) the required landscaping (24.75 square feet) at thebase of the sign. Accordingly, staff cannot support the height of the sign aspresented.

6. Staff can support this request, provided that the sign is seven feet tall, including atwo-foot tall base that is seven feet wide. The net impact is a reduction in thedisplay area of the sign by approximately eight square feet, while improving theproportionality of the sign relative to the building.

7. Section 7-3.1 of the Land Development Code authorizes the City Council to grant a


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special sign permit for digital signs.

Recommendation

The resolution be approved, subject to the sign height being reduced to seven feet, thesign base being reduced to two feet, and the sign width being increased to seven feet.

22 Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at7403 North Macarthur Boulevard -Yogurt Zone, Applicant - Franco Chang,Owner


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This sign variance will enhance the signage for a business on NorthMacArthur Blvd. by improving the visibility within the shopping center without any

negative impacts on MacArthur Blvd.3. The applicant requests approval to install a 61.25 square foot wall sign on the west

elevation, which is not the front façade.

4. Section 7-3 (14) of the City of Irving Land Development Code states that wall signsshall be located only on the front façade. Section 7-1 defines “front façade” as aface of the building which faces a public street; or where no building façade faces apublic street, the façade which contains the door open to the public during businesshours.

5. Section 7-22 of the Land Development Code authorizes the City Council to grant avariance to the area regulations.

6. Since the proposed signage is compatible with the existing signage in the shoppingcenter, and since the proposed signage does not directly face MacArthur Boulevardor Kinwest Parkway, staff can support this request.

Recommendation



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23 Resolution -- Approving Special Sign Permit No. S0912-0049 to Install aDigital Sign Located at 5151 Regent Boulevard - Universal TechnicalInstitute, Applicant/Owner


1. This item supports Strategic Goal No. 1: Land Use

2. Impact: This special sign permit will enhance the signage on Interstate Highway635 and improve the aesthetics of the City of Irving.

3. The applicant requests approval for a digital message sign on a 15-foot tallmonument sign. The sign will be 15 feet from the property line along InterstateHighway 635, and will be encased in masonry with landscaping at the base. Thesign complies with all requirements of the sign ordinance except for the inclusion ofthe digital message screen, which requires City Council approval.


5. Section 7-3.1 of the Land Development Code authorizes the City Council to grant a

special sign permit for digital signs.Recommendation



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24 Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detailed Site Plan )for Grocery Store - Approximately 1.7 Acres Located at 912 East IrvingBoulevard (Southwest Corner of Irving Boulevard and Third Street) - ALDI,Inc., Applicant - SDNarod Enterprises, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: January 18,2010 - Postpone to February 1, 2010, 8-0 (Commissioner LaRose, absent). TheFebruary 1, 2010 Planning and Zoning Commission recommendation is pending.

3. The Comprehensive Plan’s Future Land Use Map recommends Irving Blvd.Redevelopment Corridor uses for this property. This request is in conformance withthe Comprehensive Plan.

4. This lot is currently developed with a grocery store, which will be demolished if thisrezoning is approved. The applicant is proposing construction of a new 16,657square feet ALDI grocery store with 70 parking spaces. The building will be locatedon the west side of the property with a setback of 70 feet from Irving Blvd., 10 feetfrom Third Street, and 10 feet from the west property line. Two driveway entrancesare proposed; one on Irving Blvd. and one on the north/south section of Third. Aloading dock is proposed on the east/west section of Third. The building is to beconstructed of stone and brick veneer with building articulation on all sides and anentry feature with display windows.

5. The applicant is requesting a parking variance of 17%. A retail use requires aparking ratio of one space for every 200 square feet of space, or 84 spaces for thisdevelopment. The applicant is proposing 70 parking spaces at this location.

6. The proposed development complies with the landscaping ordinance and the

building complies with the Commercial Design Standards ordinance, with 81% ofthe façade utilizing masonry. Vertical and horizontal articulation of 15% on all sideshas been provided. Two masonry materials are provided with a primary material ofbrick veneer and a secondary material of stone that is more than 10% of the façade.The building has a strong entry feature on the north side of the building and thedesign incorporates canopies, pilasters, and cornice lines on all four sides, anddisplay windows on two sides.

7. Staff has several concerns with this request: (1) The City has identified Irving Blvd.as a primary corridor for targeted development and redevelopment. Among theobjectives is to attract a full service grocery store to serve the surroundingneighborhood. Development of this site with a discount grocer would make thateffort more difficult. (2) Another objective for Irving Blvd. is to make the corridormore pedestrian friendly, with buildings addressing the streetfront more directly withreduced setbacks and less oriented toward parking lots. The proposed site plandoes not meet that objective. (3) The retail development to the west recentlycompleted a significant renovation to its façade. As proposed, this developmentwould back to the adjacent retail use, with only a 13 foot separation from thesouthern retail building and creating an alley effect that detracts from that adjacentdevelopment. Ideally, this site would be designed to complement the adjacent


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development, share parking and access, and create a more cohesive layout.Overall, the proposal does not support the redevelopment of Irving Blvd. into ahigher density corridor and the goal of securing a full-service grocery store in theHeritage Crossing area.

8. Public notices were sent to sixteen (16) property owners, with none received infavor and two (2) received in opposition. The opposition represents 15.88% of theproperty within 200 feet.

RecommendationThe ordinance be denied.

25 Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending theComprehensive Plan to Change the Recommended Land Use from “Retail”to “Low Density Residential” - Approximately 0.936 Acres Located at 508and 510 Rogers Road - Dustin Andrews, Applicant/Owner

Administrative Comments1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation:January 18, 2010 – Favorable, 8-0 (Commissioner LaRose, absent).

3. The Comprehensive Plan’s Future Land Use map recommends Retail uses for thisproperty. This request is to amend the plan to Low Density Residential uses as acompanion item to Zoning Case #ZC09-0071.

4. The property is vacant and is currently not being used for Retail as is recommendedby the Future Land Use Map.

5. The 2008 Comprehensive Plan states that should an area that is designated and/ordeveloped as non-residential desire to transition to a residential use, the followingshould be required: 1) The area should be physically appropriate (i.e., size, shape,etc.) for residential use; 2) The area is an extension of a residential neighborhoodshown on the Generalized Future Land Use Map and is not separated from theneighborhood by a major thoroughfare; 3) The rezoning would not result in ashortage of land designated for non-residential development; and 4) The proposedrezoning is not for traditional multi-family development. The requested amendmentmeets these four criteria.

6. The requested rezoning to an S-P-2 for Single Family Residential uses requires theFuture Land Use Map to be amended. The City Council cannot approve a zoningchange that is not consistent with the Comprehensive Plan.

Recommendation

The ordinance be adopted per the recommendation of the Planning and ZoningCommission.


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26 Ordinance -- Zoning Case #ZC09-0071 - Granting S-P-2 (Generalized SitePlan) for R-6 (Single Family) District Uses - Approximately 0.936 AcresLocated at 508 and 510 Rogers Road - Dustin Andrews, Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:

January 18, 2010 – Favorable, 8-0 (Commissioner LaRose, absent).3. The applicant is requesting to rezone the property for residential uses.

4. The property is currently vacant. The applicant is proposing to rezone the propertyfrom the C-C (Community Commercial) district and develop the site with four newsingle family homes.

5. The following notes have been added to the site plan in addition to the City’sstandard notes:

5) Building height will not exceed 25 feet.6) Minimum air conditioned space shall be 1,600 square feet.7) Minimum of 2 car garage shall be provided behind the front property line.

8) A minimum of 50% of the required front and side yard areas adjacent to anystreet shall be covered with grass, ground cover or other natural vegetation

9) A minimum of one 4-inch caliper tree shall be provided on each lot prior tofinal inspection.

12) Minimum roof pitch shall be 5:12.13) Any new utilities serving the site shall be installed underground.14) All driveways to be approved by the Transportation Department.15) Each residence shall have at least one primary pedestrian doorway access

to the dwelling located on the building elevation facing the front lot line, orwithin 8 feet of the most forward plane of the house and clearly visible fromthe street.

16) Building facades shall be 80% brick and/or stone masonry construction.17) All chimneys shall be of masonry construction per current building codes.Masonry chimney construction visible from the outside shall be of brick orstone similar in appearance to the masonry on the exterior elevations.

18) Street facing garages shall be recessed a maximum of 6 feet behind the firstfloor front façade plane of the dwelling they serve and shall include aminimum of 3 architectural features on the elevation that includes the garagedoors. When multiple garage doors are on the same façade, a minimumseparation of 1 foot shall be provided between the doors.

6. All other requirements of the R-6 district will be met. Platting will be required priorto development.

7. Public notices were sent to thirty-two (32) property owners, with no letters in supportor opposition received.

Recommendation



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27 Ordinance -- Zoning Case #ZC09-0072 - Granting S-P-1 (Detailed Site Plan)for Automobile Repair Uses - Approximately .218 Acres Located at 1206East Shady Grove Road - Larsen Dye Associates Architects, Applicant - T.C. Chacko, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:January 18, 2010 – Postpone to February 1, 2010 (8-0; Commissioner LaRose,absent). The February 1, 2010 Planning and Zoning Commission recommendationis pending.

3. The applicant is requesting to rezone the property for automobile repair uses.

4. The property is currently developed with a single family home. The applicant isproposing to rezone the property in order to demolish the existing home andconstruct an automobile repair garage.

5. This property is designated for Neighborhood Enhancement on the Comprehensive

Plan map of 2008. Staff has no objections to the proposed use as it matches thesurrounding property uses. However, staff initially could not support the proposedsite layout which had the garage doors facing E. Shady Grove, one of the City’s keycorridors. Therefore, staff recommended denial of the request to the Planning andZoning Commission on January 18, 2010.

5. After the Planning and Zoning Commission postponed the case to February 1,2010, staff met with the applicant, who agreed to rotate the building 90 degrees sothe doors no longer would face Shady Grove. In addition, the applicant agreed to dofurther enhancements of the building exterior.

6. The applicant has provided a site plan which shows three oak trees to remain onsite ranging from 18 inches to 25 inches caliper in size with six parking spaces. Theproposed 1-story building will be 27 feet in height, will be constructed primarily withsplit-face block with stucco accent, with aluminum columns on block pedestals anda standing seam roof.

7. The site plan and elevation drawings meet the City’s minimum criteria forlandscaping and building articulation.

8. The February 1, 2010 Planning and Zoning Commission recommendation will bepresented to the City Council during the February 3, 2010 Work Session.

9. Public notices were sent to twenty-two (22) property owners, with seventeen (17)letters received in support and none in opposition.

Recommendation



8/14/2019 IrvingCC Agenda 2010-02-04


28 Ordinance -- Zoning Case #ZC09-0075 - Granting S-P-2 (Generalized SitePlan) for Landfill and Related Uses - Approximately 210.46 Acres LocatedEast of Luper Road and South of Hunter Ferrell Road - City of Irving,Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: January 18,2010 - Favorable, 8-0 (Commissioner LaRose, absent)

3. The applicant is requesting rezoning to allow expansion of landfill and related useson the interior of the site.

4. The Comprehensive Plan recommends Public/Semi-Public uses for this property.The proposed uses are in conformance with the Comprehensive Plan.

5. The City of Irving is seeking State approval for the expansion of landfill uses on theinterior of the site. As part of the State permit application, the City must verify thatthe proposed expansion is properly zoned for such uses.

6. The site is currently zoned A-G (Agricultural) District. Prior to 1990, this wasconsidered to be the appropriate zoning classification for this use. In 1990, the Cityadopted Section 52-58 of the Zoning Ordinance, which classified landfills as anenvironmentally sensitive land use requiring site plan zoning approval. Since theCity is seeking approval for a new portion of the site to be used for landfill uses, thezoning must be changed to meet the State’s requirements for zoning compliance.

7. The City will meet all State regulations concerning such uses, and will obtain allnecessary permits prior to expansion of the landfill use. The City’s consultant hassubmitted the attached supporting materials related to the environmentally sensitiveland use.

8. Public notices were sent to seven (7) property owners, with no letters in support or

opposition received.

Recommendation



8/14/2019 IrvingCC Agenda 2010-02-04


APPOINTMENTS AND REPORTS

29 Resolution -- Appointments to Boards, Commissions, and Committees, toFill Various Unexpired Terms for the Following: Advisory Committee onDisabilities and Housing and Human Services Board



2. Impact: Appointment of Irving residents to boards, commissions, and committeesassures that our residents have a voice in city government.

3. These positions represent the current vacancies on the city boards:

• Advisory Committee on Disabilities- Place 10

• Housing & Human Services Board- Place 2

Recommendation


30 Mayor’s Report

31 Adjournment

Citizens’ Forum

Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.

irvingcc agenda 2010-02-04

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