IrvingCC Agenda 2010-02-04

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, FEBRUARY 4, 2010
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
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11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, FEBRUARY 3, 2010 -- 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
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 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.
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City Council Agenda 02/4/2010 1

CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
CONSENT AGENDA
Items 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 in

Accordance 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 legal
retention has been met. This assures that all records destruction is in compliance
with 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, Code
Enforcement and Fleet.
Recommendation
The resolution be approved.

5 Resolution -- Approving InformaSystem’s Learning Management System
Dedicated Hosted Server Service Agreement
1. This item supports Strategic Goal No. 4: Safe and Secure City and No. 8: Sound
Governance.
2. Impact: This web-based application is a combined Learning Management System
and authoring tool with unique features not provided by any other solution.
3. This item has been recommended by the Police Department and Information
Technology, and it is a Strategic Project/Task approved by the Technology Review
Committee.
4. This agreement provides the ability to submit the Irving Police Department’s training
records to the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) database using the Texas Commission on Law Enforcement
Data Distribution System (TCLEDDS) protocol. It also provides mandated
TCLEOSE state training courses.
5. Funding in the amount of $49,170.00 for the period February 1, 2010, through
September 30, 2010, is available in the Police Narcotics Fund. Funding in the net
estimated 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 funds
being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.
Recommendation
6 Resolution -- Approving Addendum No. 1 to Option Agreement between

the City of Irving and Chaparral Rails to Trails, Inc., and Approving the
First 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 to
purchase 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 with
Chaparral 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 Resources
Development Fund.
Recommendation

7 Resolution -- Authorizing the Mayor to Execute an Interlocal Agreement
Between the City of Irving and Dallas County Accepting a Trail
Development Grant for the Construction of Campion Trails
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: This grant will provide $461,011.00 for the continued construction of
Campión Trails.
3. The grant provides $461,011.00 for the construction of primary trail in River Hills
Park. This will extend the primary trail to the north of Trinity View Park and the
grant project will include 495 feet of 12’ wide primary trail, and two pedestrian
bridges.
4. This is a reimbursement grant which requires the city to spend the funds and be
reimbursed by Dallas County.
5. This grant funding is available to the city because of our recent favorable bids
received on the Twin Wells to Trinity View Parks trail extension which was funded
with the 2008 Dallas County Trail Grant.
6. The construction documents for this project will be prepared by in-house staff on the
Capital Improvement Program Team.
7. The grant has a three year term and all construction will have to be completed
within three years.
8. This is the fourth consecutive Dallas County Trail Grant received by the city. The
previous 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

8 Resolution -- Approving a Temporary Employee for the Position of
Educational Coordinator at the Irving Arts Center for Educational Activities
Related 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-mile
radius of DFW for field trips.
3. The position is crucial because of the administrative requirements necessary for the
successful coordination with multiple school districts, teachers, transportation and
hotel arrangements required for this program, thereby, increasing attendance to the
exhibition and educational opportunities throughout the region
4. Funding in the amount of $52,000.00 is available in the Contract Labor Fund. A
budget 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 to
pay for the position as long as we anticipate it will be in place.
Recommendation

Bids & Purchasing Items
Items 9 - 14
9 Resolution -- Approving and Accepting the Bid of IESI TX Corp, for an

Annual Contract to Provide Collection of Containerized Refuse for City
Facilities
2. This item has been recommended by Solid Waste Services.
3. Impact: This service promotes a positive work environment and improves the
visual impression of the community.
4. This award establishes an annual contract for the continuation of providing
collection 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 estimated
amount 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 appropriated
in Fiscal Years 2010-11 and 2011-12.
Recommendation

10 Resolution -- Approving and Accepting the Bids of Badger Meter, Inc., and
Hersey Meters Company, LLC, for Annual Contracts to Provide Water
Meters
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 malfunctioning
water meters to provide accurate billing and avoid lost revenue in the water system.
4. This award establishes annual contracts for the continuation of providing water
meters. The items in Group 4 are no longer needed and will be removed from the
next 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 appropriated
in Fiscal Year 2010-11.
FY09-10 FY10-11 Total Annual
Vendor Groups(s) Est. Exp. Est. Exp. Est. Exp.
Badger Meter, Inc. 1 and 5 $301,443.75 $100,481.25 $401,925.00
Hersey 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

11 Resolution -- Renewing the Annual Contracts with Landmark Earth
Services, LLC, and Edko, LLC (formerly SprayMAX, Inc.) for Chemical
Weed 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 insects
improves the visual impression of the community and provides a safe and inviting
environment for outdoor recreation.
4. This renewal establishes the continuation of annual contracts to provide chemical
weed and pest control for parks and drainage channels. The original contract was
awarded 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 the
period of October 1, 2010, through September 30, 2011; and in the net estimated
amount 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 Years
2010-11 and 2011-12.
FY09-10 FY10-11 FY11-12 Total 2-Year
Vendor Section(s) Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Landmark Earth Services, LLC I $18,052.84 $18,052.84 $ 0.00 $36,105.68
Edko, 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

12 Resolution -- Renewing the Annual Contract with Quality Tractor Mowing
Corp., for Mowing and Litter Control on Public Rights of Way and TXDOT
Rights of Way
Environments.
3. Impact: Maintenance of City and State properties promotes the visual impression
of the City, making Irving a more attractive community.
4. This renewal establishes the continuation of an annual contract to provide mowing
and litter control on public rights of way and TXDOT rights of way. The original
contract 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 for
the 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, through
February 28, 2012, is available in the General Fund, subject to funds being
appropriated 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
Environments.
3. Impact: This service helps to maintain and improve the visual impression of the
community.
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 $40,349.68
for the period of October 1, 2010, through February 28, 2011, is available in the
General Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

14 Resolution -- Approving and Accepting the Proposal of Chase Equipment
Finance, Inc., for Lease-Purchase Financing of an Aerial Truck and a
Rescue 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-year
lease/purchase arrangement instead of the 20-year General Obligation bond issue.
4. This award establishes a lease-purchase agreement for providing financing to the
City 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 the
other vehicle is expected to be delivered within six to twelve weeks.
6. In lieu of direct participation, Chase affirms that approximately 25% of previous
quarter 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 ten
semi-annual installments in the amount not to exceed $159,996.01 in Fiscal Year
2009-10; in the amount not to exceed $319,992.02 in Fiscal Year 2010-11; in the
amount not to exceed $319,992.02 in Fiscal Year 2011-12; in the amount not to
exceed $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

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, If
Necessary
2. Impact: The City holds the General Election for Mayor and Council places every
year in May to assure that the residents of Irving have a choice in regards to their
representation at the municipal level.
3. The City Secretary’s Office has prepared the ordinance to call an election and
corresponding 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 be
submitted as a part of the preclearance filed with the Justice Department.
Recommendation
The ordinance be adopted.
16 Ordinance -- Providing for the Issuance and Sale of City of Irving, Texas
Hotel Occupancy Tax Revenue Bonds, Taxable Series 2010, in the
Approximate Aggregate Principal Amount of $9,000,000; Approving and
Authorizing the Execution and Delivery of a Bond Purchase Agreement,
and a Paying Agent/Registrar Agreement; and Prescribing Other Matters
with Respect Thereto
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this Ordinance allows staff to move forward with the
construction phase of the Entertainment Venue Project. This venue will provide an
essential component to the Convention Center project attracting visitors and
businesses from around the world.
3. The Ordinance provides for the sale of the Entertainment Venue Revenue Bonds in
the aggregate principal amount of $9,000,000 to provide for a portion of the
engineering phase of this project.
4. Combined with the Series 2009 and 2009A Entertainment Venue Bonds issued last
year, 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 of
America.
Recommendation

17 Ordinance -- Final Reading - Amending Chapter 52 Entitled "Water and
Sewer Rates" of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Providing for New Monthly Water and Sewer Rates;
Providing for a New Maximum Monthly Service Charge; Providing an
Effective Date; and Providing a Severability Clause
2. Impact: The projected revenue collection under proposed rates will provide enough
to fund projected revenue requirements, including operating expenses and debt
service payments.
3. A cost of service study is prepared annually to ensure that funding is available to
meet the cash flow needs of the Water and Sewer System Fund and associated
funds and produce the required bond coverage factor to allow for the issuance of
additional bonds and maintain current bond ratings.
4. As a result of elevated rainfall thus far this fiscal year, projections indicate that we
will not have sufficient cash balances at the end of the fiscal year to meet cash
requirements. Projections further indicate that operating revenue will be below
budget resulting in our not meeting average and maximum debt coverage goals of
1.75% and 1.50% respectively. In order to mitigate this situation and meet
commitments made to rating agencies, staff recommends a 5% adjustment to both
water and sewer rates. Without such adjustments, the general fund will again be
forced to support the water and sewer system fund at a time when this is not
feasible.
Recommendation

18 Ordinance -- Final Reading - Amending Section 34A-180 of Chapter 34A
Entitled "Right-Of-Way Management" of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas, Providing for Franchise Fees on
Water, Sanitary Sewer, and Refuse Pickup Service; Providing an Effective
Date; and Providing a Severability Clause.
2. Impact: A 2% increase in the franchise fee will be below or equal to comparable
franchise fees charged by benchmark cities. The additional revenue is necessary
to fund needed infrastructure replacements.
3. Additional revenue generated by this ordinance will be dedicated to the repair and
replacement of neighborhood streets, sidewalks, and drainage disrupted by the
repair and replacement of water and sewer lines.
Recommendation
ZONING CASES AND COMPANION ITEMS

19 Resolution -- Approving Special Sign Permit No. S0909-0033 to Install a
Digital Sign Located at 208 South Story Road - Terry Waldrum, Applicant
Representing 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 and
improve the aesthetics of the City of Irving.
3. The applicant requests approval to install a digital monument sign. The sign will be
two feet from the property line, and will be encased in a stone veneer. The sign
complies with all requirements of the sign ordinance except for the inclusion of the
digital 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 a
special sign permit for digital signs.
Recommendation

20 Resolution -- Approving Special Sign Permit No. S0912-0036 to Install Two
Digital 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. The
applicant 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 a
brick masonry façade that matches the main building. The signs comply with all
requirements of the sign ordinance except for the inclusion of the digital message
screens, 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 Full

Color LED Digital Sign - Located at 1144 East Irving Boulevard - Alaniz
Auto Ranch, Inc., Applicant - Robert Alaniz, Owner
2. 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 be
encased in masonry that matches the building.
4. The proposed sign is nine feet tall and six feet wide, and has a zero foot setback
from the property line.
5. The allowed maximum height for a standard monument sign is seven feet. A
monument sign may go as high as nine feet if the applicant provides all of the
enhancements listed in the ordinance. The applicant has not provided (a) external,
ground-mounted lighting, or (b) the required landscaping (24.75 square feet) at the
base of the sign. Accordingly, staff cannot support the height of the sign as
presented.
6. Staff can support this request, provided that the sign is seven feet tall, including a
two-foot tall base that is seven feet wide. The net impact is a reduction in the
display area of the sign by approximately eight square feet, while improving the
proportionality of the sign relative to the building.

Recommendation
The resolution be approved, subject to the sign height being reduced to seven feet, the
sign 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 at

7403 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 North
MacArthur 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 signs
shall be located only on the front façade. Section 7-1 defines “front façade” as a
face of the building which faces a public street; or where no building façade faces a
public street, the façade which contains the door open to the public during business
hours.
5. Section 7-22 of the Land Development Code authorizes the City Council to grant a
variance to the area regulations.
6. Since the proposed signage is compatible with the existing signage in the shopping
center, and since the proposed signage does not directly face MacArthur Boulevard
or Kinwest Parkway, staff can support this request.
Recommendation

23 Resolution -- Approving Special Sign Permit No. S0912-0049 to Install a
Digital Sign Located at 5151 Regent Boulevard - Universal Technical
Institute, Applicant/Owner
2. Impact: This special sign permit will enhance the signage on Interstate Highway
635 and improve the aesthetics of the City of Irving.
3. The applicant requests approval for a digital message sign on a 15-foot tall
monument sign. The sign will be 15 feet from the property line along Interstate
Highway 635, and will be encased in masonry with landscaping at the base. The
sign complies with all requirements of the sign ordinance except for the inclusion of
the digital message screen, which requires City Council approval.
Recommendation

24 Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detailed Site Plan )
for Grocery Store - Approximately 1.7 Acres Located at 912 East Irving
Boulevard (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). The
February 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 with
the Comprehensive Plan.
4. This lot is currently developed with a grocery store, which will be demolished if this
rezoning is approved. The applicant is proposing construction of a new 16,657
square feet ALDI grocery store with 70 parking spaces. The building will be located
on the west side of the property with a setback of 70 feet from Irving Blvd., 10 feet
from Third Street, and 10 feet from the west property line. Two driveway entrances
are proposed; one on Irving Blvd. and one on the north/south section of Third. A
loading dock is proposed on the east/west section of Third. The building is to be
constructed of stone and brick veneer with building articulation on all sides and an
entry feature with display windows.
5. The applicant is requesting a parking variance of 17%. A retail use requires a
parking ratio of one space for every 200 square feet of space, or 84 spaces for this
development. 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% of
the façade utilizing masonry. Vertical and horizontal articulation of 15% on all sides
has been provided. Two masonry materials are provided with a primary material of
brick 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 the
design incorporates canopies, pilasters, and cornice lines on all four sides, and
display 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 the
objectives is to attract a full service grocery store to serve the surrounding
neighborhood. Development of this site with a discount grocer would make that
effort more difficult. (2) Another objective for Irving Blvd. is to make the corridor
more pedestrian friendly, with buildings addressing the streetfront more directly with
reduced setbacks and less oriented toward parking lots. The proposed site plan
does not meet that objective. (3) The retail development to the west recently
completed a significant renovation to its façade. As proposed, this development
would back to the adjacent retail use, with only a 13 foot separation from the
southern retail building and creating an alley effect that detracts from that adjacent
development. Ideally, this site would be designed to complement the adjacent

development, share parking and access, and create a more cohesive layout.
Overall, the proposal does not support the redevelopment of Irving Blvd. into a
higher density corridor and the goal of securing a full-service grocery store in the
Heritage Crossing area.
8. Public notices were sent to sixteen (16) property owners, with none received in
favor and two (2) received in opposition. The opposition represents 15.88% of the
property within 200 feet.
Recommendation
The ordinance be denied.
25 Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending the

Comprehensive Plan to Change the Recommended Land Use from “Retail”
to “Low Density Residential” - Approximately 0.936 Acres Located 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 Comprehensive Plan’s Future Land Use map recommends Retail uses for this
property. This request is to amend the plan to Low Density Residential uses as a
companion item to Zoning Case #ZC09-0071.
4. The property is vacant and is currently not being used for Retail as is recommended
by the Future Land Use Map.
5. The 2008 Comprehensive Plan states that should an area that is designated and/or
developed as non-residential desire to transition to a residential use, the following
should 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 neighborhood
shown on the Generalized Future Land Use Map and is not separated from the
neighborhood by a major thoroughfare; 3) The rezoning would not result in a
shortage of land designated for non-residential development; and 4) The proposed
rezoning is not for traditional multi-family development. The requested amendment
meets these four criteria.
6. The requested rezoning to an S-P-2 for Single Family Residential uses requires the
Future Land Use Map to be amended. The City Council cannot approve a zoning
change that is not consistent with the Comprehensive Plan.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

26 Ordinance -- Zoning Case #ZC09-0071 - Granting S-P-2 (Generalized Site
Plan) for R-6 (Single Family) District Uses - Approximately 0.936 Acres
Located at 508 and 510 Rogers Road - Dustin Andrews, Applicant/Owner
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 property
from the C-C (Community Commercial) district and develop the site with four new
single family homes.
5. The following notes have been added to the site plan in addition to the City’s
standard 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 any
street 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 to
final 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, or
within 8 feet of the most forward plane of the house and clearly visible from
the 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 or
stone similar in appearance to the masonry on the exterior elevations.
18) Street facing garages shall be recessed a maximum of 6 feet behind the first
floor front façade plane of the dwelling they serve and shall include a
minimum of 3 architectural features on the elevation that includes the garage
doors. When multiple garage doors are on the same façade, a minimum
separation 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 prior
to development.
7. Public notices were sent to thirty-two (32) property owners, with no letters in support
or opposition received.
Recommendation
Commission.

27 Ordinance -- Zoning Case #ZC09-0072 - Granting S-P-1 (Detailed Site Plan)
for Automobile Repair Uses - Approximately .218 Acres Located at 1206
East Shady Grove Road - Larsen Dye Associates Architects, Applicant - T.
C. Chacko, Owner
January 18, 2010 – Postpone to February 1, 2010 (8-0; Commissioner LaRose,
absent). The February 1, 2010 Planning and Zoning Commission recommendation
is 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 is
proposing to rezone the property in order to demolish the existing home and
construct 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 the
surrounding property uses. However, staff initially could not support the proposed
site layout which had the garage doors facing E. Shady Grove, one of the City’s key
corridors. Therefore, staff recommended denial of the request to the Planning and
Zoning 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 so
the doors no longer would face Shady Grove. In addition, the applicant agreed to do
further enhancements of the building exterior.
6. The applicant has provided a site plan which shows three oak trees to remain on
site ranging from 18 inches to 25 inches caliper in size with six parking spaces. The
proposed 1-story building will be 27 feet in height, will be constructed primarily with
split-face block with stucco accent, with aluminum columns on block pedestals and
a standing seam roof.
7. The site plan and elevation drawings meet the City’s minimum criteria for
landscaping and building articulation.
8. The February 1, 2010 Planning and Zoning Commission recommendation will be

presented 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

28 Ordinance -- Zoning Case #ZC09-0075 - Granting S-P-2 (Generalized Site
Plan) for Landfill and Related Uses - Approximately 210.46 Acres Located
East 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 uses
on 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 the
interior of the site. As part of the State permit application, the City must verify that
the proposed expansion is properly zoned for such uses.
6. The site is currently zoned A-G (Agricultural) District. Prior to 1990, this was
considered to be the appropriate zoning classification for this use. In 1990, the City
adopted Section 52-58 of the Zoning Ordinance, which classified landfills as an
environmentally sensitive land use requiring site plan zoning approval. Since the
City is seeking approval for a new portion of the site to be used for landfill uses, the
zoning 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 all
necessary permits prior to expansion of the landfill use. The City’s consultant has
submitted the attached supporting materials related to the environmentally sensitive
land use.
8. Public notices were sent to seven (7) property owners, with no letters in support or
opposition received.
Recommendation
Commission.

APPOINTMENTS AND REPORTS
29 Resolution -- Appointments to Boards, Commissions, and Committees, to
Fill Various Unexpired Terms for the Following: Advisory Committee on
Disabilities and Housing and Human Services Board
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures 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 City
government and on items not listed on the regular agenda.

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

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

Pastor J. Josh Smith, MacArthur Blvd. Baptist Church

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 31

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

City Council Agenda 02/4/2010 1

2 Approving Minutes for Wednesday, January 13, 2010

3 Approving Minutes for Thursday, January 14, 2010

4 Resolution -- Authorizing the Destruction of Obsolete Records in

City Council Agenda 02/04/2010 2

6 Resolution -- Approving Addendum No. 1 to Option Agreement between

City Council Agenda 02/04/2010 3

City Council Agenda 02/04/2010 4

City Council Agenda 02/04/2010 5

9 Resolution -- Approving and Accepting the Bid of IESI TX Corp, for an

City Council Agenda 02/04/2010 6

City Council Agenda 02/04/2010 7

City Council Agenda 02/04/2010 8

City Council Agenda 02/04/2010 9

City Council Agenda 02/04/2010 10

City Council Agenda 02/04/2010 11

City Council Agenda 02/04/2010 12

ZONING CASES AND COMPANION ITEMS

City Council Agenda 02/04/2010 13

21 Resolution -- Approving Special Sign Permit No. S0912-0042 to Install Full

City Council Agenda 02/04/2010 14

22 Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at

City Council Agenda 02/04/2010 15

City Council Agenda 02/04/2010 16

City Council Agenda 02/04/2010 17

25 Ordinance -- Comprehensive Plan Amendment ZC09-0071 - Amending the

City Council Agenda 02/04/2010 18

City Council Agenda 02/04/2010 19

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

8. The February 1, 2010 Planning and Zoning Commission recommendation will be

City Council Agenda 02/04/2010 20

City Council Agenda 02/04/2010 21

City Council Agenda 02/04/2010 22

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