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AGENDA MEETING OF THE IRVING CITY COUNCIL THURSDAY, AUGUST 4, 2011 COUNCIL CHAMBER - CIVIC CENTER COMPLEX 825

WEST IRVING BOULEVARD IRVING, TEXAS


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1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, AUGUST 3, 2011 -- FIRST FLOOR CITY COUNCIL CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor City Council Conference Room Or City Council Chamber Conference Room, Civic Center Complex 7:00 P.M. ------------------------------------------------------------ Organizational Service Announcements

Invocation Deacon Paul Thomas, St. Mary's Anglican Church Pledge Of Allegiance Proclamations, Announcements, and Special Recognitions Citizens' Forum Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda. Public Hearing: Items 1 through 31
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON THE FOLLOWING DAY IN THE COUNCIL CHAMBER. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

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

City Council Agenda 08/4/2011

CITY COUNCIL AGENDA


1 City Operations Update

CONSENT AGENDA
2 3 4 5 Approving Strategic Planning Session Minutes for Friday, July 15, 2011 Approving Work Session Minutes for Wednesday, July 20, 2011 Approving Regular Meeting Minutes for Thursday, July 21, 2011 Resolution -- Approving an Economic Incentive Agreement Between the City of Irving, Texas and Aviall Services, Inc. on BPP Eligible Property
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this agreement will allow the City to retain a major corporate employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an additional 100 full-time jobs with this expansion bringing their total full-time employment to over 900 jobs. 3. As one of the world's largest providers of new aviation parts and related aftermarket operations, Aviall markets and distributes products for more than 235 manufacturers and offers approximately 2,000,000 catalog items. Company growth has led to expansion. Aviall will initially occupy 300,000 square feet of space in the building currently occupied by Amazon.com. The building is adjacent to their existing building on Regent Boulevard. 4. The agreement provides 40% rebate on taxes paid on business personal property at the new location. Aviall must enter into no less than a 9-year lease of at least 300,000 square feet; employ at least 100 new full-time jobs, earning at least $47,000 per year. The estimated benefit to Aviall is $1,000,000. 5. Aviall must maintain these minimum criteria during the entire term of this agreement to qualify for the rebate. 6. Because Aviall is located on DFW Airport property, all City revenues generated by Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore, Dallas and Ft. Worth must also approve this agreement before it will become effective. Recommendation The resolution be approved.

City Council Agenda 08/04/2011

Resolution -- Approving an Economic Incentive Agreement Between the City of Irving, Texas and Aviall Services, Inc. on Freeport Eligible Property
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this agreement will allow the City to retain a major corporate employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an additional 100 full-time jobs with this expansion bringing their total full-time employment to over 900 jobs. 3. As one of the world's largest providers of new aviation parts and related aftermarket operations, Aviall markets and distributes products for more than 235 manufacturers and offers approximately 2,000,000 catalog items. Company growth has led to expansion. Aviall will initially occupy 300,000 square feet of space in the building currently occupied by Amazon.com. The building is adjacent to their existing building on Regent Boulevard. 4. The agreement provides 100% rebate on taxes paid on business personal property classified as Freeport eligible at the new location. Aviall must enter into no less than a 9-year lease of at least 300,000 square feet and employ at least 100 new full-time jobs. 5. Aviall must maintain these minimum criteria during the entire term of this agreement to qualify for the rebate. 6. Because Aviall is located on DFW Airport property, all City revenues generated by Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore, Dallas and Ft. Worth must also approve this agreement before it will become effective. Recommendation The resolution be approved.

Resolution -- Approving an Engineering Services Agreement Between the City of Irving and Lockwood, Andrews & Newnam, Inc., for the Design of the Upper Delaware Creek Wastewater Basin Improvements Project and Miscellaneous Water and Wastewater Main Replacements
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This work is part of the priority replacements for the Water Utilities Department. This project will provide better capacity and decrease inflow and infiltration of groundwater into the citys wastewater system. 3. This project will design the installation of over 8,210 linear feet of 6-inch to 36-inch utility main improvements, various point repairs and manhole rehabilitations identified in a study of the Upper Delaware Creek Wastewater Basin.

City Council Agenda 08/04/2011

4. This project will also design the replacement of 15,300 linear feet of water and wastewater mains along Jan Court, Shere Lane, Shere Circle, West Eleventh Street, Joslin Street, Konet Street, Louise Street, Gail Court and an easement between 3217 and 3213 Konet Street. 5. Request for qualifications were sent to 166 vendors with 38 responses. The top six firms were interviewed. Lockwood, Andrews & Newnam, Inc., was determined to be one of the three firms to have the best design team expertise and experience for the design of the work solicited. 6. Staff has negotiated a fair and reasonable agreement with Lockwood, Andrews & Newnam, Inc., for these services and recommends award. 7. The engineering design fee is $396,465.80 or 6% of the estimated construction. An additional $300,484.25 is budgeted for special services such as design surveying, easement documents, utility potholing and geotechnical investigations for a total award of $696,950.05 for the design. The total estimated construction cost is $6,298,300.00. 8. Minority- and/or Women-owned Business (M/WBE) participation in this award is 39%. 9. Funding in the amount of $202,115.51 is available in the Water Improvement Bond Fund and $494,834.54 is available in the Sanitary Sewer Bond Fund. Recommendation The resolution be approved.

Resolution -- Approving an Engineering Services Agreement Between the City of Irving and Freese and Nichols, Inc., for the Design of the Water Meter Vault Reconstruction, Section IV Project and Miscellaneous Water and Wastewater Main Replacements
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This work is part of the priority replacements for the Water Utilities Department. This project will design the replacement of commercial water meter vaults that can no longer be tested for accuracy and parts are unavailable. 3. This project will design the replacement of 20 commercial water meter vaults at various locations and the replacement of over 14,535 linear feet of water and wastewater mains along Rogers Road, Park Place, Britain Road, Milner Road, State Highway 183 and within a utility easement between Windsor Street and Drake Street. 4. Request for qualifications were sent to 166 vendors with 38 responses. The top six firms were interviewed. Freese and Nichols, Inc., was determined to be one of three firms to have the best design expertise and experience for the design of the work solicited. 5. Staff has negotiated a fair and reasonable agreement with Freese and Nichols, Inc., for these services and recommends award.

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6. The engineering design fee is $319,600.00 or 10% of the estimated construction. An additional $182,200.00 is budgeted for special services such as design surveying, easement documents, utility potholing and geotechnical investigations for a total award of $501,800.00 for the design. Total estimated construction cost is $3,269,800.00. 7. Minority- and/or Women-owned Business (M/WBE) participation in this award is 32%. 8. Funding in the amount of $283,299.60 is available in the Water Improvement Bond Fund and $218,500.40 is available in the Sanitary Sewer Bond Fund. Recommendation The resolution be approved.

Resolution -- Awarding a Contract to SYB Construction Company, Inc., for the Nursery-Railroad Basin Wastewater and Water Main Improvements Project, Contract A
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This work is part of the priority replacements for the Water Utilities Department. This project provides for the continued maintenance and improvement of the citys water distribution and wastewater collection systems. 3. This project will replace wastewater and water mains along Daywood Lane, Drexel Drive, Ben Drive, East Pioneer Drive, Sharon Road, Mark Street, South Irving Heights Drive, Williams Road and Belt Line Road. 4. Bids were received from three bidders. SYB Construction Company, Inc., submitted the lowest and best base bid for $1,728,578.45. An additional $17,421.55 is required for testing, bringing the total cost of the project to $1,746,000.00. This is $414,000.00 (20%) below the funding allocated for this project. These savings will pay for 3,100 4,100 linear feet of additional water and sewer mains on future projects. 5. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. 6. Funding in the amount of $515,791.45 is available in the Water Improvement Bond Fund and $1,230,208.55 is available in the Sanitary Sewer Bond Fund. Recommendation The resolution be approved.

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Resolution -- Annulling a Contract with Ratliff Hardscape and Awarding a Contract to Northstar Construction, Inc., for the MacArthur Corridor Infrastructure Improvements - Screening Fence from Markwood Park to Sixth Street
Administrative Comments 1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods. 2. Impact: This project will improve security for properties that are adjacent to MacArthur Boulevard through the project area while improving the infrastructure of the MacArthur corridor. 3. Ratliff Hardscape was awarded this contract by City Council on June 23, 2011, in the amount of $355,908.44, however, they can no longer honor their pricing. 4. The Capital Improvement Program team recommends annulling the award to Ratliff Hardscape and awarding the contract to Northstar Construction, Inc., the second best value for the services proposed in the amount of $379,892.00. An additional $9,108.00 is required for testing, bringing the total cost of the project to $389,000.00. This is $9,091.00 (3%) below the funding allocated for this project. 5. Minority- and/or Women-owned Business (M/WBE) participation in this award is 28%. 6. Funding in the amount of $114,000.00 is available in the Street Improvement Bond Fund. Funding in the amount of $275,000.00 is available in the Community Development Block Grant Fund; this includes $175,000.00 from Fiscal Year 200809 and $100,000.00 from Fiscal Year 2009-10. Recommendation The resolution be approved.

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Resolution -- Rejecting Bids for the Durango/Rochelle/McClendon and 808 E. Irving Boulevard Water and Wastewater Main Improvement Project
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This project provides for the continued maintenance and improvement of the citys water distribution and wastewater collection systems. The work is part of the priority replacements for the Water Utilities Department. 3. One response was received and was $720,753.00 over budget. 4. Staff recommends rejecting the bid. This project will be re-bid. Recommendation The resolution be approved.
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Resolution -- Approving and Accepting the Bid of M.K. Painting, Inc., for the Rehabilitation of Tank No., 4 at the Hackberry Pump Station
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This project will extend the life of Tank No. 4 at the Hackberry Pump Station. 3. Tank No. 4 at the Hackberry Pump Station is in need of rehabilitation. This project includes the painting of the interior of Tank No. 4 and modifications to the fill pipe of Tank No. 4. 4. M.K. Painting, Inc., is using certified Minority and/or Women-owned Business Enterprise (M/WBE) as sub-contractors for 3.8% of the services. 5. Funding in the amount of $440,000.00 is available in the Water and Sewer System Fund. Recommendation The resolution be approved.

Bids & Purchasing Items Items 13 - 16

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Resolution -- Approving a Mutual Cooperative Purchasing Agreement Between the City of Irving and the City of San Marcos
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. This item has been recommended by Public Works Purchasing. 3. Impact: Entering into this mutual cooperative purchasing agreement allows both governmental entities to utilize each others contracts for goods and services. Recommendation The resolution be approved.

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Resolution -- Approving Purchase from Waukesha-Pearce Industries, Inc., for a Second Standby/Emergency Generator for the Criminal Justice Center through the Houston-Galveston Area Council of Governments (HGAC) Interlocal Cooperative Purchasing Program
Administrative Comments 1. This item supports Strategic Goals No. 4: Safe and Secure City and 10: Environmentally Sustainable Community. 2. This item has been recommended by Police Emergency Management. 3. Impact: The addition of this generator, when coupled with the previously purchased generator, will provide the entire Criminal Justice Center facility with 100% emergency/ standby power capability and will also result in an overall reduction in operating costs, increased dependability, and cleaner air. 4. The Generac bi-fuel generator system is the same system that was installed at the Criminal Justice Center last year and at the Civic Center; the Generac systems offer a number of advantages over conventional systems by operating as a diesel engine with natural gas augmentation, which will result in lower emissions, lower fuel consumption. 5. Funding in the net amount of $159,964.00 is available in the 2009 Metropolitan Medical Response System (MMRS) Grant Fund. Vendor Waukesha-Pearce Industries Recommendation The resolution be approved. FY 2010-11Expenditure $159,964.00 Total Expenditure $159,964.00

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Resolution -- Approving and Accepting the Bid of Commercial Metals Company for an Annual Contract for the Sale by the City of Scrap Metal and White Goods for Recycling
Administrative Comments 1. This item supports Strategic Goals No. 8: Environmentally Sustainable Community. Sound Governance and No. 10:

2. This item has been recommended by Solid Waste Services. 3. Impact: Recycling white goods and scrap metal deposited at the Hunter Ferrell Landfill helps to improve the environment while establishing revenue opportunities for the City.
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4. This award establishes an annual contract for the continuation of picking up white goods/refrigerators and miscellaneous scrap metal from the Hunter Ferrell landfill on an as called basis. Payment to the City is at a specified rate per ton. 5. Revenue in the net estimated $174,720.00 will be deposited in the Solid Waste Enterprise Fund.
FY2010-11 Est. Revenue $29,120.00 FY2011-12 Est. Revenue $145,600.00

Vendor Commercial Metals Company

Total Est. Revenue $174,720.00

Recommendation The resolution be approved.

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Resolution -- Renewal of an Annual Contract with K & L Supply, Inc., to Provide Sewer Chemicals
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. This item has been recommended by Water Utilities. 3. Impact: The use of degreasers and deodorants in the wastewater collection system keeps it operating efficiently by preventing blockages and overflows. 4. This award establishes the continuation of an annual contract to provide sewer chemicals. 5. Funding in the net estimated annual amount of $142,986.00 for this one-year contract will be available in the Water and Sewer System Fund.
FY2010-11 Est. Exp. (Current FY) $23,831.00 FY 2011-12 Est. Exp. (Future FY) $119,155.00 Total Est. Exp. $142,986.00

Vendor K&L Supply, Inc.

Recommendation The resolution be approved.

End of Bids

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Ordinance -- Amending Section 21-87.1 of Chapter 21 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas, by Adding a School Zone on the Westbound Frontage Road of SH114 at Cistercian Road in the City of Irving
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network 2. Impact: This Ordinance will establish a School Zone along the SH114 Westbound Frontage Road adjacent to Cistercian Preparatory School during normal School hours. Recommendation The ordinance be adopted.

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Ordinance -- First Reading -- Approving a Negotiated Settlement with Atmos Energy


Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Approval of the ordinance will implement a negotiated settlement with Atmos Energy Corp. 3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement addressing the Company's fourth Rate Review Mechanism (RRM) filing. 4. After review of the ACSC settlement team, it was determined that the evidence supported no increase over current rates, and not the $15.4 million proposed by the Company. 5. Ordinance approval includes a supplemental authorization of $6.6 million for continuation of the steel pipeline replacement program throughout the Atmos service area. 6. The outcome of this settlement is equal to or better than the outcome expected from a lengthy contested case proceeding, and maintains cities' role as a regulator of natural gas rates. Recommendation The ordinance be approved.

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INDIVIDUAL CONSIDERATION
19 Resolution -- Regarding Continued Litigation in Ex Parte City of Irving, Texas
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This resolution addresses the appeal in the Entertainment Venue lawsuit. 3. The Court of Appeals ruled May 20, 2011, validating all aspects of the project except the availability of the state share of the alcoholic beverage tax. A petition for review is due August 15, 2011. 3. No additional funding is required. Fees will be within the litigation budget the City Council previously authorized. Recommendation Will be provided in Executive Session.

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Resolution -- Authorizing the City Manager to Initiate a Request for Qualifications to Procure Services of Qualified Professionals to Perform a Review of the Predevelopment Reimbursements Under the Entertainment Center Development Agreement
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: To ensure that funds were expended appropriately as per the Development Agreement as well as identifying any possible overpayments within the amounts paid to Las Colinas Group as requested by the Mayor. Recommendation The resolution be approved.

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ZONING CASES AND COMPANION ITEMS


21 Resolution -- Approving Special Sign Permit S1106-0072 to Allow Two (2) Fifteen Ft. Tall Monument Signs with Digital Displays - Property Located at 500 Las Colinas Boulevard - Artografx, Incorporated, Applicant - City of Irving

Convention Center, Owner

Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Impact: If approved, the existing on-premise signs at the Convention Center will be upgraded to have digital displays; one sign will be moved to the frontage of SH 114. 3. The applicant requests approval to add a digital marquee to an existing monument sign on Las Colinas Blvd. The other existing monument sign will be moved closer to the SH 114 entrance and have a digital marquee added. Both signs will be 15 feet tall and 132 square feet in area including the digital displays. 4. Section 7-22 of the City of Irving Code of Civil and Criminal Ordinances authorizes City Council to grant a special sign permit for a digital display, or approve variances to the height or area of a sign. 5. The sign will comply with all requirements for operation of a digital sign related to frequency of change of messages, automatic adjustment in the intensity of the light based on ambient conditions, etc. 6. The setback of the signs complies with City ordinances. 7. The Las Colinas Association has approved the signs. 8. Because of the unique nature of this facility, staff can support this request. Recommendation The resolution be approved.

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Resolution -- Approving Preliminary/Final Plat PL11-0023 - The Lakes of Las Colinas, Phase 2A - Approximately 26 Acres Located on the West Side of Riverside Drive, North of Northwest Highway - Jacobs, Surveyor - Hines Las Colinas Land, LP, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,

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2011 - Pending 3. The applicant is requesting to plat a 26 acre tract into 68 single family lots and 4 open space lots. 4. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for action: Section 35-25 of the Subdivision Ordinance requires all private streets to be approved by the City Council. All the internal streets in this subdivision are private. 5. The plat complies with all other requirements of the Subdivision Ordinance. Recommendation The resolution be approved.

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Ordinance -- Zoning Case #ZC11-0028 - Granting S-P-2 (Generalized Site Plan) for R-6 (Single Family) Uses - Approximately 0.37 Acres Located at 917 Sunset Drive - A Plus Unlimited, Applicant - Michael G. Miller, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: July 18, 2011 Favorable 6-0 (Commissioners Allen and LaRose, absent). 3. The applicant is requesting to rezone the property to allow a carport to be visible from the street. 4. The Comprehensive Plan recommends Single Family-Low Density Residential uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is currently developed with a one-story single family home. The owner is wishing to demolish the existing home and build a new one-story single family home with a carport that is visible from Sunset Drive. 6. The proposed carport will be 24 2 X 18 (435 sq. ft.), located 74 feet from the front property line and 5 feet off of the side property line. The carport will be constructed with wood columns and a pitched roof to match the new home. 7. The homes design does not allow for a carport to be built behind the house due to the presence of a large power line easement. 8. Since the proposed carport is not within the front building setback, is over 74 feet from the actual street, is setback more than 25 feet behind the front faade, and is being designed and built as a part of the new house in accordance with the guidelines of the carport ordinance, staff can support this request. 9. Public notices were sent to twenty-seven (27) property owners, with four (4) letters in support and none in opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Zoning Case #ZC11-0030 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.2 Acres Located at 1208 Mayleaf Drive - Mr. Quality Remodeling, Applicant - Cynthia Longmuir, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: July 18, 2011 Favorable 5-1 (Commissioner Randall, nay; Commissioners Allen and LaRose, absent) with the stipulation that the support columns be wrapped in vinyl siding to match the house. 3. The applicant is requesting a zoning change to allow a carport that can be seen from the street. 4. The Comprehensive Plan recommends Single Family-Low Density Residential uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is developed with a single family dwelling. The applicant is proposing a 20-foot by 24-foot carport in front of the garage and visible from Mayleaf. The carport is proposed to be built of materials to match the house, with a gable identical to the existing front gable, and framed and shingled to match the house. The elevation shows wood posts which the applicant will wrap with vinyl siding to match the gables. 6. The applicant requires a 20-foot by 24-foot carport for her large van. Since the carport must be at least 3 feet from the side property line, the applicant proposes to build the carport out at an angle but with the front portion of the carport in the same plane as the front of the house. This will probably require additional concrete be poured for the carport columns. 7. Since the proposed carport will be constructed to match the house, is at least 30 feet from the property line, will not encroach significantly beyond the front faade of the rest of the house, and the design is consistent with the guidelines of the carport ordinance, staff can support the request. 8. Public notices were mailed to forty-three (43) property owners, with two (2) letters in support and none in opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Zoning Case #ZC11-0031 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.93 Acres Located at 1935 Williams Road - Celia Velazquez, Applicant - Maria Isidra Ramirez, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: August 1, 2011 - Pending 3. The applicant is requesting to rezone the property to obtain exceptions to the Neighborhood Protection Ordinance to create lots that are smaller in width and lot area than adjacent lots. 4. The Comprehensive Plan recommends Single Family Low Density Residential uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is currently developed with a single family home. The applicant is wishing to replat the property to construct a new home on the east portion of Lot 3 (lot 3B). 6. The property is currently zoned R-7.5. The proposed subdivision of this lot meets or exceeds the R-7.5 minimum requirements, however the proposed width and lot area do not comply with the requirements of the Neighborhood Protection Ordinance, which requires rezoning whenever a residential plat or replat proposes to create lots that are less than 80% of the average width or area of adjacent developed lots. This provides an opportunity for neighborhood input and City Council discretion when these infill development opportunities occur. 7. The two proposed lots are each 80 feet wide. One of the proposed lots is 19,767.6 sq. ft. and the other is 20,956.4 sq. ft. in area. The average width and area of the two lots to the east and the three lots to the west (the lots that are to be considered for purposes of the Neighborhood Protection Ordinance) is 108 ft. wide and 28,295 sq. ft. of lot area. Since the proposed lots are less than 80% of 108 ft. width (86 ft.) and are less than 80% of 28,295 sq. ft. (22,636 sq. ft.) rezoning is required before a replat can be approved. 8. The site plan addresses seven stipulations from the Planning and Zoning Commissions infill policy as follows: Minimum air conditioned living area shall be 2,000 square feet. A minimum of two (2) car garage with a minimum of 400 square feet will be required for each residence. A minimum of 2 additional off-street parking spaces shall be provided behind the front property line; A minimum of 50% of the required front and side yard areas adjacent to any street shall be covered with grass, ground cover or other natural vegetation; Maximum lot coverage by buildings, driveways and parking shall be 60%; Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry (including brick, stone, stucco, and cementitious siding). The use of EIFS is prohibited. Minimum roof pitch shall be 5:12; A minimum of one (1) four inch caliper tree shall be provided in the front yard of

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each lot. 9. All other requirements of the R-7.5 district will be met. Platting is required prior to development. A plat has been submitted and is awaiting action on this zoning case. 10. Public notices were mailed to eighteen (18) property owners with no letters in support or opposition received. Recommendation The ordinance be adopted.

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Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) and Outside Dining Uses Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard Pete Rahimi, Applicant - Ali Hemani Corporation, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: August 1, 2011 - Pending 3. The applicant is requesting a zoning change to allow outside dining with a restaurant use. 4. The Comprehensive Plan recommends Retail uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is developed with a gas station and retail store. The site is zoned S-P1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow an attached carwash use in the adjoining space. The applicant is currently remodeling the carwash area into a restaurant as an allowed retail use. The applicant proposes to provide outdoor seats for customers on a new paved area on the south side of the restaurant, for a total of 14 seats. A storefront glass window and door will be installed in the carwash front, and the rear exit will be walled in. There is sufficient parking for the use, and the applicant is not proposing a walk-up window. 6. The Valley Ranch Association has approved the restaurant and outside dining uses. 7. Public notices were mailed to eight (8) adjacent property owners, with no letters in support or opposition received. Recommendation The ordinance be adopted.

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Ordinance -- Zoning Case #ZC11-0033 - Granting S-P-1 (Detailed Site Plan) for Restaurant and Signs Uses - Approximately 0.8140 Acres Located at 200 West Irving Boulevard - Fire Brand Properties, Applicant/Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: August 1, 2011 - Pending 3. The applicant is requesting to rezone the property to add a sign to the landscape wall at the intersection of W. Irving Blvd. and S. Hastings St. 4. The Comprehensive Plan recommends Irving Blvd. Redevelopment Corridor uses for this property. This request is in conformance with the Comprehensive Plan. 5. On May 19, 2011, the City Council approved Case No. ZC11-0017 for a detailed site plan for a restaurant and sign package which included a digital monument sign use. 6. The property is currently being developed with a new Burger King restaurant and the applicant is wishing to install an additional sign on the landscape wall at the intersection of W. Irving Blvd. and S. Hastings St. With the mounting of the sign on the landscaping wall it essentially becomes a monument sign and a fence with a sign which is only allowed by site plan zoning approval. 7. The applicant is proposing the following modifications to the Heritage Crossing Redevelopment District requirements: Required Monument sign allowed by site plan zoning only Proposed Landscape wall sign (monument sign) at intersection of W. Irving Blvd. and S. Hastings

8. Although the plan indicates that the sign will be internally illuminated, the applicant has agreed to use external lighting instead per the Heritage Crossing Design Standards. 9. All of the other notes, signs and building elevations are being carried over from the previously approved site plan. 10. Public notices were sent to seventy-four (74) property owners, with one (1) letter in support and none opposition received. Recommendation The ordinance be adopted with the stipulation that the landscape wall sign not be internally illuminated.

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APPOINTMENTS AND REPORTS


28 Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by the City Council
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assure continuity of municipal government in the absence of the Mayor. 3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates that the City Council shall select among the eight (8) Councilmembers a Mayor Pro Tem who shall perform the duties of the Mayor in the Mayors absence or disability. 4. The Deputy Mayor Pro Tem position is one of tradition and not required by the City Charter. Recommendation The resolution be approved.

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Mayors Report

ADDENDUM
(added 7/29/11 at 5:15 p.m.) 30

Resolution Authorizing First Southwest to engage Innovation Group and PKF to provide current projections relative to the Entertainment Venue and Hotel Occupancy Tax Revenues

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Adjournment

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