February 24, 2022 City Council
»
Call to Order - Organizational Service Announcements
Invocation
Rev. Hap Tran, C.S., St. Luke Catholic Church
Pledge of Allegiance
Proclamations and Special Recognitions
Call to Order
Organizational Service AnnouncementsInvocation
Rev. Hap Tran, C.S., St. Luke Catholic Church
Pledge of Allegiance
Proclamations and Special Recognitions
»
Item 1 - City Operations Update
Item 1
City Operations Update»
Consent Agenda - 2 Approving Work Session Minutes for Thursday, February 10, 2022
3 Approving Regular Meeting Minutes for Thursday, February 10, 2022
4 Resolution - Authorizing Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation; Authorizing the Preparation of a Preliminary Official Statement and Notice of Sale; and Providing for Other Matters Incidental Thereto
Administrative Comments
1. This item is recommended by the Financial Services Department.
2. Impact: The impact of the 2022 Certificates will allow the City to provide cost efficient funding for improvements to support the Drainage Solutions for a Better Tomorrow program.
3. The resolution provides notice that the City, on or about April 21, 2022 intends to issue up to $20,000,000 principal amount of Combination Tax and Revenue Certificates of Obligation, Series 2022 (Exhibit A).
4. The rate on the certificates will be fixed. Variable rates are not a part of this financing structure.
5. The certificates will be used to provide funding for public infrastructure projects to improve drainage capacity (Exhibit B).
6. The City is required to place two consecutive notices in the newspaper. The notice will be published once a week for two consecutive weeks. The date of the first publication being at least 46 days prior to the date of passage of the ordinance authorizing the certificates.
Recommendation
The resolution be approved.
5 Resolution - Approving a Memorandum of Understanding for Use of Facility Space Between the City of Irving and the Texas Health and Human Services Commission (HHSC), on Behalf of the Texas Department of Family and Protective Services, for the Lease of 4,175 Square Feet of Office Space at the Family Advocacy Center Located at 600 West Pioneer
Administrative Comments
1. This item is recommended by the Police Department. It supports Strategic Goal No. 4.1: Safeguard public safety, security and health.
2. Impact: The approval of this Memorandum of Understanding for Use of Facility Space will ensure that services provided by the Texas Department of Family and Protective Services will continue to be available at the Family Advocacy Center for families and victims of crime in the City of Irving.
3. This agreement shall be for the initial period of 24 months commencing on December 1, 2021 and ending on November 30, 2023 unless sooner terminated as provided.
4. This lease is provided at no cost to the Texas Health and Human Services Commission due to the government services they provide at the Irving Family Advocacy Center.
Recommendation
The resolution be approved.
6 Resolution - Approving an Office Lease Agreement Between the City of Irving and Area/EY WFT, LLC for Office Space at 800 W. Airport Freeway for a Five Year Term for the Public Safety Wellness Unit
Administrative Comments
1. This item is recommended by the Public Safety Wellness Unit. It supports Strategic Objective 4.1: Safeguard public safety, security, and privacy.
2. Impact: The use of an office for the Irving First Responders personnel is necessary in order to maintain anonymity.
3. The lease is for a period of 62 months and any partial calendar month, with the option to extend the lease, commencing within (60) days after lease execution. The monthly base rent amount for the first (4) months is $4,261.13, and the base rent subsequently escalates $16.00/sf per yr annually. Beginning with the 13th month, the lease rate increases $0.50 sf per year. Other additional rental fees, including taxes and insurance, are included into the current rate. The electricity is estimated and paid monthly. At the end of the year, the property management reimburses the unit if the estimated amount was too high.
4. The total base rent for the 61 month lease is $220,029.12. Other additional rental fees, including taxes and insurance, are estimated annually.
5. Funding is available in the Public Safety Wellness Unit’s Budget.
Recommendation
The resolution be approved.
7 Resolution - Approving a Lease Agreement Between AGRE Williams Square Holdings, LLC and the City of Irving for the Use of 1,104 Square Feet in the East Tower at William Square for the Mustangs of Las Colinas Museum
Administrative Comments
1. This item is recommended by the Department of Arts & Culture.
2. Impact: Secures access for the reinstallation and operation of the Mustang Museum for the next 5 years at no cost to the City for rent. Re-opening of this Arts Center facility will promote and encourage travelers to learn about the history of the equine exhibit and its connection to the origins of the development of Las Colinas.
3. Commencement Date: February 1, 2022
4. Term: 60 Lease months: Expires on January 31, 2027.
5. Premise: Approximately 1,104 Square Feet.
6. Hours of Operation: Wednesday through Friday 11:00am – 4:00pm and Saturday 9:00am – 1:00pm
7. Base Rent: $0.00 per month
8. Parking: One non reserved space
9. Tenant Improvement Allowance: $0.00
10. There is no funding related to this item
Recommendation
The resolution be approved.
8 Resolution - Approving a Professional Services Agreement Between the City of Irving and Komatsu Architecture, in the Amount of $67,345.00 for the Feasibility Study of Office Space Planning and Programming at City Hall and Jack D. Huffman Buildings
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 - Support strategic investments in city facilities.
2. Impact: The feasibility study will support efficient utilization of City facilities.
3. The scope of work for this study includes establishing city office space standards, an analysis of departmental space needs for programming City Hall and Jack D. Huffman buildings and creating a floor space block diagram to efficiently fit all departments within the City Hall campus buildings.
4. Komatsu Architecture was determined to be the most qualified and competent firm based on previous consulting work completed at City Hall and the Jack D. Huffman Building.
5. Funding in the amount of $67,345.00 is available within the Non-Bond CIP Fund.
Recommendation
The resolution be approved.
9 Resolution - Awarding a Contract to Gomez Floor Covering, Inc., in the Amount of $79,100.00 for Replacement of Tile Flooring at Various Fire Stations
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.5 – Support strategic investments in city facilities.
2. Impact: This project will provide for the replacement of flooring at four Fire Stations. The current floor tile at these facilities has exceeded its service life.
3. Approval for this contract will allow for the replacement of flooring at four Fire Stations. The Fire Stations identified for repair under this agreement are station numbers 3, 5, 6 and 7.
4. Bids were received from four (4) bidders. Gomez Floor Covering, Inc., submitted the lowest responsive bid of $79,100.00.
5. Minority/Women Business Enterprise (M/WBE) Program participation in this award is 100%.
6. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
7. Funding in the amount of $79,100.00 is available in the American Rescue Plan Act (ARPA) Fund.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 6
10 Resolution - Awarding a Contract to MBW Serv Corporation in the Amount of $55,915.00 for Painting and Replacement of Ceiling Tiles at Various Fire Stations
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.5 – Support strategic investments in city facilities.
2. Impact: This project will provide for the painting of ceilings, walls and for the replacement of the ceiling tiles at three of the Fire Stations.
3. Approval of this contract will allow for the replacement or painting of damaged ceilings and for the painting of walls at three Fire Stations. The Fire Stations identified for repair under this agreement are station numbers 2, 7 and 9.
4. Bids were received from four (4) bidders. MBW Serv Corporation, submitted the lowest responsive bid of $55,915.00.
5. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
6. Funding in the amount of $55,915.00 is available in the American Rescue Plan Act (ARPA) Fund.
Recommendation
The resolution be approved.
11 Resolution - Approving a Sales Contract with Jackson-Shaw/CV Parc GSW Limited Partnership, a Delaware Limited Partnership, in the Amount of $106,298.00, for a Special Warranty Deed and Temporary Construction Easement for the Conflans Road Extension Project
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department and Traffic and Transportation Department. It supports Strategic Objective 2.3 - Expand, extend, and maintain the major thoroughfare network.
2. Impact: This contract supports The Road to the Future Program. This deed and easement acquisition is necessary for construction and staging efforts of the Conflans Road Extension Project.
3. The deed is 0.364 acre (15,848 Square-feet), and the easement is 0.189 acre
City Council Agenda 02/24/2022 7
(8,245 Square-feet) located at 4921 Conflans Road, owned by Jackson-Shaw/CV Parc GSW Limited Partnership, a Delaware limited partnership. 4. Funding in the amount of $106,298.00 is available within the Non-Bond CIP Fund.
Recommendation
The resolution be approved.
12 Resolution - Approving Event Support Agreement with Mike Flaskey Entertainment (MFE) In the Amount of $59,394.00 for the 2022 ClubCorp Classic
Administrative Comments
1. This item is recommended by the Irving Convention & Visitors Bureau and supports Strategic Plan Goal 3 – Vibrant Economy.
2. Impact: Approval of this resolution will provide financial resources to event organizers to bring the 2022 ClubCorp Classic and the PGA TOUR Champions to Irving, April 18 – 24, 2022, for economic impact to Texas estimated at more than $1.9 million.
3. This inaugural event is an official sanctioned PGA TOUR Champions and Charles Schwab Cup Event, and also will feature a field of 50 celebrity golfers competing alongside the golf professionals at the Las Colinas Country Club.
4. The tournament features a professional prize purse of $2 million, among the largest professional purses outside the major championships, as well as a $500,000 celebrity prize purse.
5. The event will be televised on the Golf Channel, providing significant exposure opportunities.
6. Mike Flaskey Entertainment considered multiple site locations outside of Texas before awarding the event to Irving
7. The Office of the Governor, Economic Development & Tourism has determined that the estimated incremental increase in tax revenue to the State of Texas attributable to the 2022 ClubCorp Classic is $371,207.00. The ICVB will prepare an analysis through an independent third party of the event-related projected revenues after the event.
8. The Events Trust Fund is created by the Office of the Governor, Economic
City Council Agenda 02/24/2022 8
Development & Tourism with contributions from the state and endorsing municipalities. The City will contribute $59,394.00 and the State will contribute $371,207.00. 9. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
10. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues.
11. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22.
12. Funding in the amount of $59,394.00 is available in the ICVB budget within the General Fund.
Recommendation
The resolution be approved.
13 Resolution - Approving the Season Seat Agreement Between the City of Irving on Behalf of the Irving Convention and Visitors Bureau and Live Nation Marketing, Inc. for the Purchase of Seats at the Pavilion at the Toyota Music Factory
Administrative Comments
1. This item is recommended by the Irving Convention and Visitors Bureau. It supports Strategic Plan Goal 3 - Vibrant Economy.
2. Impact: Approval of this season seat agreement will provide seats for the Irving Convention & Visitors Bureau to use to capitalize on marketing and promotional opportunities, as well as customer networking throughout the year.
3. The Pavilion at the Toyota Music Factory is Irving’s primary entertainment venue for events and use of the venue to entertain clients is an opportunity for the ICVB to capitalize on this distinct attraction to continue to tell the Irving story.
4. The agreement provides for eight premium seats, and two parking passes at each
City Council Agenda 02/24/2022 9
concert promoted and produced by Live Nation, plus the option to purchase additional tickets on an as needed basis for client entertainment throughout the season, in the amount of $60,000 plus $20,000 for as-needed tickets.
5. This is a 12-month agreement for the event season from February 24, 2022 to December 31, 2022.
6. The ICVB will adhere to the policy established by the ICVB Board regarding use of the box seats. The seats will be used with local clients, familiarization tours, media tours, industry partners, etc.
7. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
8. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues.
9. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22.
10. Funding in the amount of $80,000.00 is available in the ICVB general fund for FY21/22.
Recommendation
The resolution be approved.
14 Resolution - Approving an Agreement Between the City of Irving and the North Texas Municipal Water District (NTMWD) to Authorize Use of the Pipeline Reserve Fund
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This item supports the city’s Investing in our Future Initiative.
City Council Agenda 02/24/2022 10
Approval of this agreement will preserve the operability of the Lake Chapman Water Supply System. 3. Irving and the North Texas Municipal Water District (NTMWD) share the first phase of the Lake Chapman Water Supply System which includes multiple facilities and an 84-inch transmission pipeline.
4. Irving and NTMWD prepare an annual O&M budget for anticipated maintenance, but there is additional funding set aside in the Pipeline Reserve Fund for unanticipated and unbudgeted needs of the shared facilities.
5. On December 3, 2020, the shared 84-inch transmission pipeline failed. Emergency repairs were completed at a total cost of $597,518.78. Pursuant to the existing O&M Agreement between Irving and NTMWD, the cost for the repair is split based on the pro rata percentage of water pumped through the shared facilities over the previous 5-year period. Irving’s portion of this repair came to $354,926.75, a pro rata percentage of 59.4%.
6. To offset costs, staff requested use of the existing Pipeline Reserve Fund to offset a portion of the cost of this repair. Irving and NTMWD each contribute 50% of the fund. NTMWD agreed to use of $208,500.00 (50%) of the Pipeline Reserve Fund as a credit towards the amount owed by Irving. This results in a reduced amount of $155,965.37 that Irving owes to NTMWD to finalize the accounting for FY 21 operations under the existing O&M Agreement.
7. The Pipeline Reserve Fund will be restored in future O&M budgets.
Recommendation
The resolution be approved.
15 Resolution - Renewing an Agreement with Sole Source Provider Xylem Water Solutions U.S.A., Inc., in an Amount Not to Exceed $130,000.00 for Flygt-Branded Equipment to Operate and Maintain Wastewater Pumps and Equipment
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This item supports the city’s Investing in our Future initiative. This purchase will allow staff to purchase equipment and materials to keep wastewater facilities operational and prevent sanitary sewer overflows.
3. This agreement renewal establishes an annual contract to supply Flygt equipment for wastewater pumps and controls. It will be subject to consideration for additional
City Council Agenda 02/24/2022 11
renewals as needed under the same terms and conditions. 4. The city operates and maintains eleven wastewater pump stations.
5. Flygt pumps and communication devices are used at all of these facilities. Staff has to purchase replacement parts and equipment periodically to keep all of the facilities operational.
6. Funding in the amount of $130,000.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Recommendation
The resolution be approved.
16 Resolution - Approving a Purchase Agreement with Single Source Provider Municipal Valve & Equipment, in an Amount Not to Exceed $120,045.00 for Three Check Valves for the MacArthur Pump Station
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: The three new check valves will replace existing check valves at the MacArthur Pump Station that are worn, cannot be repaired and at risk of failure. The check valves keep the pump station operating properly by preventing water from flowing backwards through the pumps.
3. Crispin check valves from Municipal Valve & Equipment are in use at the Hackberry Pump Station, Northgate Pump Station and MacArthur Pump Station. Crispin valves were purchased and installed on three of the six pump trains at MacArthur in 2019. The valves associated with this contract are to replace the remaining three valves at the MacArthur Pump Station.
4. Crispin check valves have proven to be of high quality and are easy to maintain.
5. Crispin check valves are the City’s standard at water pump station facilities.
6. Funding in the amount of $120,045.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 12
17 Resolution - Approving a Three-Year Technical Service Agreement in the Amount of $208,149.00 with Sole Source Provider Siemens Industry, Inc., for Preventative Maintenance Services for Pumps at the Hackberry, Northgate, MacArthur and Lake Chapman Pump Stations
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This agreement helps maintain reliable medium and low voltage variable frequency drives (VFD) for pumps at the Hackberry, Northgate, MacArthur, and Lake Chapman pump stations.
3. Services include preventative maintenance on sixteen (16) VFD’s during annual site visits to include travel and living expenses.
4. The total amount for the three-year technical service agreement is $208,149.00. Preferred pricing provides for discounts on services that are fixed and locked in at today’s rates with no escalation for the duration of the agreement.
5. The agreement period begins February 1, 2022, and ends on January 31, 2025, subject to funding being appropriated in fiscal years 2022-23 and 2023-24. First year funding in the amount of $69,383.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Vendor
FY 2021-22 Est.
Expenditures
(Current FY)
FY 2022-23 Est.
Expenditures
(Future FY)
FY 2023-24 Est.
Expenditures
(Future FY)
Total Est.
Expenditure
Siemens Industry, Inc.
$69,383.00
$69,383.00
$69,383.00
$208,149.00
Recommendation
The resolution be approved.
18 Resolution - Approving Single Source Purchase from Caron Compactor Company for Compactor Wheels in the Amount of $97,177.00
Administrative Comments
1. This item has been recommended by Solid Waste and approved by Fleet.
2. Impact: Purchase of four compactor wheels will allow the Solid Waste
City Council Agenda 02/24/2022 13
Services Department to maintain a high level of customer service for the residents
of Irving.
3. Caron Compactor Company is the patent holder (D709,103) sole source manufacturer and seller for the 7-inch DURAMEGA traction and Contour Pin-On teeth with replaceable caps.
4. Unit Number 06227, 826 H Landfill Compactor, was purchased with Caron wheels with the 7-inch DURAMEGA traction and Contour Pin-On teeth when it was bought new in 2012.
5. Funding in the amount of $97,177.00 is available in the Heavy Equipment Maintenance Fund.
Recommendation
The resolution be approved.
Bids & Purchasing Items
Items 19 - 30
19 Resolution - Authorizing As-Needed Expenditures with Fastenal Company in the Total Estimated Amount of $175,000.00 for Maintenance, Repair & Operations (MRO) Supplies and Related Services through the National Intergovernmental Purchasing Alliance Company dba Omnia Partners, Public Sector (Omnia Partners)
Administrative Comments
1. This item is recommended by the Financial Services Department - Purchasing Division.
2. Impact: Utilization of the Vendor/Member contract between the City of Irving and Fastenal Company, for Omnia Partners Contract No. 2018.000208, which expires on June 30, 2023, will allow the city to purchase MRO supplies.
3. Approval of this item supports as-needed purchases of miscellaneous tools, maintenance supplies, hardware items, etc., from local stores or by purchase order for various departments. It additionally provides a vending program at no cost to the city for dispensing often-used items in order to provide accountability for employee usage.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 14
Vendor
Spending Term
Total Estimated Amount
Fiscal Year(s)
Fastenal Company
4/1/22 – 6/30/23
$ 87,500.00
2021-22
$ 87,500.00
2022-23
TOTAL
$175,000.00
Recommendation
The resolution be approved.
20 Resolution - Renewing the Contract with Concentra Medical Services in an Amount Not to Exceed $175,000.00 for Medical & Occupational Health Fitness and Drug Screening Services for a Two-Year Period
Administrative Comments
1. This item is recommended by the Human Resources Department.
2. Impact: Health services include DOT and non-DOT pre-employment and random drug screening, pre-employment and promotional physical examinations, and immunizations for civil service and general government city employees in compliance with all applicable laws, statutes, and regulations to enhance employee health and safety. These services ensure that applicants and employees meet the physical requirements for city employment, including physical fitness of Civil Service sworn positions for continued compliance with Local Government Code Chapter 143.
3. This renewal establishes the continuation of a contract for providing medical and occupational health fitness services to ensure that short-and long-term employment needs for the city are appropriately met. The original agreement was awarded to the respondent receiving the highest evaluation criteria score through a Request for Proposals process. This is the second and final two-year renewal option for this contract, which expires on March 31, 2022.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
5. Because this contract runs April 2022 through March 2024, it is possible that more than the estimated amounts shown in the chart below may be spent in one operating year or the other as long as there are budget funds available to accommodate that year’s additional purchases and the total contract award amount is not exceeded.
City Council Agenda 02/24/2022 15
Vendor
Contract Term
Total Est. Expenditure
Fiscal Year(s)
Concentra Medical Centers
4/1/22 – 3/31/24
$ 43,750.00
2021-22
$ 87,500.00
2022-23
$ 43,750.00
2023-24
TOTAL NOT TO EXCEED AMOUNT
$175,000.00
Recommendation
The resolution be approved.
21 Resolution - Renewing the Contract with TruGreen Lawncare in the Total Estimated Amount of $130,400.00 for Chemical Weed and Pest Control for Park Areas
Administrative Comments
1. This item has been recommended by the Parks & Recreation Department.
2. Impact: This contract will assist in controlling the undesirable weeds and insects that can have a detrimental impact on turfgrass in parks and athletic fields in order to provide an acceptable standard for the residents.
3. The previous contract term also included weed and pest control for drainage channels; however, that vendor declined to renew their contract with the city.
4. This renewal establishes the continuation of a contract to provide chemical weed and pest control for park areas. This is the second and final two-year renewal option. The current contract expires on February 28, 2022.
5. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation Department budget within the General Fund, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
Vendor
Contract Term
Total Est. Expenditure
Fiscal Year(s)
TruGreen Lawncare
3/1/22-2/29/24
$ 37,800.00
2021-22
$ 67,400.00
2022-23
$ 25,200.00
2023-24
TOTAL
$130,400.00
Recommendation
City Council Agenda 02/24/2022 16
The resolution be approved.
22 Resolution - Authorizing As-Needed Expenditures with Facilities Solutions Group, Inc., (FSG) in the Total Estimated Amount of $325,000.00 for Electrical Parts and Repair Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Capital Improvement Program, Parks & Recreation, and Water Utilities departments.
2. Impact: Approval of this item will allow the city to procure labor and materials for the repair of electrical infrastructure in city facilities.
3. A Vendor/Member contract between the City of Irving and FSG was approved on April 15, 2021, by RES-2021-145. The contract supports utilization of BuyBoard Contract No. 638-21 for Trade Services, which has been renewed through February 28, 2023.
4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program Department budget within the General Fund, the Water & Sewer Operating Fund, and various other departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated
Amount
Fiscal Year(s)
Facility Solutions Group, Inc.
3/1/22 - 2/28/23
$155,000.00
2021-22
$170,000.00
2022-23
TOTAL
$325,000.00
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 17
23 Resolution - Authorizing As-Needed Expenditures with Nema 3 Electrical Contractors, Inc., dba Nema 3 Electric, Inc., in the Total Estimated Amount of $250,000.00 for the Purchase of Electrical Parts and Repair Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Parks & Recreation and Capital Improvement Program departments.
2. Impact: Approval of this item will allow the city to procure labor and materials for repair of electrical infrastructure in city facilities.
3. A Vendor/Member contract between the City of Irving and Nema 3 Electrical Contractors, Inc., dba Nema 3 Electric, Inc., was approved on June 3, 2021 by RES-2021-206. The contract supports utilization of BuyBoard Contract No. 638-21 for Trade Services which has been renewed through February 28, 2023 by BuyBoard.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated
Amount
Fiscal Year(s)
Nema 3 Electrical Contractors, Inc. dba Nema 3 Electric, Inc.
3/1/22 – 2/28/23
$100,000.00
2021-22
$150,000.00
2022-23
TOTAL
$250,000.00
Recommendation
The resolution be approved.
24 Resolution - Renewing the Contract with SLM Landscaping and Maintenance, in the Total Estimated Amount of $520,000.00 for Mowing & Litter Control on City Rights of Way and Public Properties
Administrative Comments
1. This item is recommended by the Parks & Recreation Department.
2. Impact: This contract will provide landscape maintenance services for the mowing and litter control on city rights of way and public properties throughout the city on either a 30-day cycle or a 14-day cycle. This service is essential in maintaining
City Council Agenda 02/24/2022 18
vegetation adjacent to city roadway corridors as well as undeveloped land owned by the city to enhance community appearance. 3. This renewal establishes the continuation of a contract to provide mowing and litter control on city rights of way and public properties. This is the second and final two-year renewal option. The current contract expires on February 28, 2022.
4. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation Department budget within the General Fund and in the Economic Development Fund, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
Vendor
Contract Term
Estimated
Expenditure
Fiscal Year(s)
SLM Landscaping and Maintenance
3/1/22 – 2/29/24
$ 173,350.00
2021-22
$ 280,650.00
2022-23
$ 66,000.00
2023-24
TOTAL
$ 520,000.00
Recommendation
The resolution be approved.
25 Resolution - Authorizing As-Needed Expenditures with Innovation HVAC Services, LLC, dba Assured Comfort Services in the Total Estimated Amount of $500,000.00 for Plumbing Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department – Facilities Division.
2. Impact: Approval of this item will allow the department to respond to plumbing issues at city facilities quickly and efficiently.
3. A Vendor/Member contract between the City of Irving and Innovation HVAC Services, LLC, dba Assured Comfort Services, was approved on June 17, 2021, by RES-2021-220. This contract supports the utilization of BuyBoard Contract No. 638-21 for Trade Services, which has been renewed through February 28, 2023.
4. Approval of this contract supports as-needed expenditures for plumbing services for city facilities through the designated BuyBoard contract for the specified contract term.
5. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 19
Vendor
Contract Term
Total Estimated Expenditures
Fiscal Year(s)
Innovation HVAC Services, LLC, dba Assured Comfort Services
3/1/22 - 2/28/23
$200,000.00
2021-22
$300,000.00
2022-23
TOTAL
$500,000.00
Recommendation
The resolution be approved.
26 Resolution - Approving the Construction Manager at Risk Delivery Method as the Best Value for the Central Fire Station Construction Project
Administrative Comments
1. This item is recommended by the Capital Improvement Program (CIP) and Fire departments. It supports Strategic Objective No.2.5: Support strategic investments in city facilities.
2. Impact: Pursuant to Chapter 2269.056 of the Texas Government Code, the governing body of a governmental entity may determine which construction delivery method provides the best value for the entity. Employing the Construction Manager at Risk (CMAR) delivery method rather than a competitive bid process will provide for a collaborative effort with the architect’s design team to add value engineering to the project throughout the design process. This will allow for an efficient means of implementing the best value for the project, which will provide the highest overall project quality at the most economical cost to the City.
3. This item was discussed with the Public Safety Committee on February 10, 2022.
4. Approval of this item will authorize use of the CMAR construction method for the Central Fire Station construction project and allow staff to proceed with a Request for Proposals process for selection of a CMAR.
5. The CMAR contract will include a Guaranteed Maximum Price (GMP) for work agreed upon and a negotiated fee to be paid to the CMAR. Upon completion of work, any cost savings realized below the GMP amount will be credited to the city.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 20
27 Resolution - Renewing the Annual Contract with Legacy Ready-Mix LLC, in the Total Estimated Amount of $389,940.00 for Redi-Mix Concrete
Administrative Comments
1. This item is recommended by the Traffic & Transportation Department.
2. Impact: This contract supports City’s Road to the Future Program. Concrete is utilized by the Traffic & Transportation Department to maintain and enhance mobility for the safe and effective transit of motorists and pedestrians throughout the city. This contract will provide the necessary resources to expedite repairs to damaged existing roadways and sidewalks and other concrete locations.
3. The renewal summary attached to this item represents an average 9% increase in the price of this contract. The requested price increases have been documented by the vendor per specification requirements and staff has accepted the price increases.
4. This renewal establishes the continuation of an annual contract to provide Redi-Mix concrete. This is the second and final one-year renewal option. The current contract expires on February 28, 2022.
5. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Estimated Expenditures
Fiscal Year(s)
Legacy Ready-Mix LLC
3/1/22– 2/28/23
$259,960.00
2021-22
$129,980.00
2022-23
TOTAL
$389,940.00
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 21
28 Resolution - Approving and Accepting the Bid of Tejas Utilities, LLC, in the Total Estimated Amount of $382,000.00 for Freeway & Street Lighting Maintenance and On-Call Services
Administrative Comments
1. This item is recommended by the Traffic & Transportation Department.
2. Impact: This maintenance and on-call services contract will provide monthly maintenance and as-needed emergency services for the freeway and street lighting systems within the City of Irving.
3. This award establishes an annual contract for the continuation of providing freeway and street lighting maintenance and on-call services. This contract is subject to two one-year renewal options.
4. Funding for Fiscal Year 2021-22 is available in the Traffic and Transportation Department budget within the General Fund and the Street Improvement Bond Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Description
FY 2021-22
Estimated Amount
FY 2022-23 Estimated Amount
Total
Tejas Utilities, LLC
3/1/22 – 2/28/23
Maintenance
$ 133,000.00
$ 95,000.00
$228,000.00
On-Call Services
$ 89,833.30
$ 64,166.70
$154,000.00
TOTAL
$222,833.20
$159,166.70
$382,000.00
Recommendation
The resolution be approved.
29 Resolution - Renewing the Annual Contract with USIC Locating Services, LLC, in the Total Estimated Amount of $175,000.00 for Fiber Optic Network Locate Services
Administrative Comments
1. This item is recommended by the Information Technology Department.
2. Impact: Purchases under this contract will provide fiber optic locate services for the city-owned fiber optic network which supports the City’s most critical data systems. These systems include the public safety radio, outdoor warning, and fire station alerting systems as well as other mission critical communication systems.
City Council Agenda 02/24/2022 22
3. This renewal establishes the continuation of an annual contract to provide fiber optic network locate services. This is the second and final, one-year renewal options. The current contract expires on February 28, 2022.
4. Funding for Fiscal Year 2021-22 is available in the Technology Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated Expenditures
Fiscal Year(s)
USIC Locating Services, LLC
3/1/22 – 2/28/23
$ 87,500.00
2021-22
$ 87,500.00
2022-23
TOTAL
$175,000.00
Recommendation
The resolution be approved.
30 Resolution - Approving a Vendor/Member Contract Pursuant to a Cooperative Purchasing Agreement Between the City of Irving and SHI Government Solutions, Inc., and Authorizing As-Needed Expenditures in the Total Estimated Amount of $450,000.00 for Technology Equipment, Products, Services & Software through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Information Technology Department.
2. Impact: Establishment of a Vendor/Member Contract between the City of Irving and SHI Government Solutions, Inc., for utilization of BuyBoard Contract No. 661-22, which expires on December 31, 2022, will allow the city to procure Technology Equipment, Products, Services and Software on an as-needed basis.
3. Approval of this item allows for the purchase of malware mitigation and security education software and other software licensing and support renewals, as well as a variety of hardware and backup supply items that may be required by all city departments as individual purchases or though the city’s computer replacement program.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 23
Vendor
Contract Term
Total Estimated Amount
Fiscal Year(s)
SHI Government Solutions, Inc.
2/25/2022 – 12/31/2022
$350,000.00
2021-22
$100,000.00
2022-23
TOTAL
$450,000.00
Recommendation
The resolution be approved.
End of Bids
31 Ordinance - Approving a Third Amended and Restated Development Agreement with Lafferty Companies, LLC for the Sale of Property at 200 N. Main Street, 211, 213, and 221 E. Irving Boulevard
Administrative Comments
1. This item is recommended by the Office of Economic Development.
2. Impact: This Third Amended and Restated Development Agreement with Lafferty Companies, LLC extends the closing dates on the sale of property, completion dates of the project, and adds a force majeure clause.
3. This is a companion item to the proposed resolution on this same agenda for a Third Amended and Restated Economic Incentive Agreement with Lafferty Companies, LLC related to the development of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
4. On February 27, 2020, Irving City Council approved ORD-2020-10318 for a Development Agreement with Lafferty Companies, LLC in the amount of $1,328,700 for the sale of property at 200 N. Main St., 211, 213, and 221 E. Irving Blvd. Lafferty intends to develop the property in two phases. Phase One would construct a mixed-use, multifamily development on Property A (200 N. Main St.), and Phase Two would construct a three-story, mixed-use, work and loft development on Property B (211, 213, and 221 E. Irving Blvd.)
5. On September 16, 2021, City Council approved ORD-2021-10493 for an Amended and Restated Development Agreement that added additional property to the sale of property and extended the closing deadlines.
6. On December 9, 2021, City Council approved ORD-2021-10529 for a Second Amended and Restated Development Agreement that added additional property to the sale of property and extended the closing deadlines.
City Council Agenda 02/24/2022 24
7. Per the Third Amended and Restated Agreement, the City of Irving must provide a Notice to Proceed for the construction of the Irving Boulevard Reconstruction Project, which includes a wastewater line relocation. The Developer will relocate the sewer line that currently runs through the project to northern side of the project to connect to the relocated wastewater line the City is constructing.
8. Also included in the Agreement, the Developer must provide a Performance Guarantee with City of Irving as the beneficiary in the full amount of the Purchase Price for the applicable phase, guaranteeing the Developer will take all actions necessary, including any actions required by City Regulations, to construct and receive an unconditional Certificate of Occupancy for all buildings and site improvements in the Phase One Project on or by December 31, 2024.
9. The Developer cannot fully start construction of the Phase One Project until the City delivers the wastewater line for connection. To mitigate any issues outside of the Developer’s control, this amendment changes the language of the completion date from December 31, 2024, to thirty (30) months after delivery of a wastewater line connection. Thirty (30) months is the amount of time in the current agreement to complete Phase One based on a sewer connection delivery of July 1, 2022. Phase Two would be amended to 52 months from the sewer connection delivery for completion.
10. The Agreement includes a Force Majeure clause to account for delays as a result of circumstances which are beyond reasonable control. A written notice stating the details of the event causing a delay must be provided within ten (10) days of the event. Qualified circumstances would be for a period of over 30 days. If the delay is due to shortage of materials, the Developer must provide what the anticipated lead time for the material was at the time of entering into this Agreement and show evidence on how that time frame changed through a written statement to the City along with any other necessary documentation.
11. The Closing Date for Property A is amended from February 28, 2022, to April 30, 2022.
12. The Closing Date for Property B is amended from March 31, 2024, to December 31, 2024, and Lafferty Companies will pay $300,000 cash at closing if Lafferty Companies executes their option to purchase Property B by October 31, 2024, and has completed the construction of Phase One.
13. The separate Third Amended and Restated Economic Incentive Agreement extends the completion dates for both Phase One and Phase Two. Lafferty will receive a grant of up to $598,000 over a ten-year period as long as certain minimum development criteria are met. Those criteria include completing Phase One and obtaining a Certificate of Occupancy within 30 months of sewer connection delivery, completing Phase Two and obtaining a Certificate of Occupancy within 52 months of sewer connection delivery, and maintaining a “Level 1” risk rating on the City’s annual multifamily inspection report for both properties.
City Council Agenda 02/24/2022 25
Recommendation
The ordinance be approved.
32 Resolution - Approving a Third Amended and Restated Economic Incentive Agreement Between the City of Irving and Lafferty Companies, LLC in an Amount Not to Exceed $598,000 Related to the Development of the Property Located at 200 N. Main Street, 211, 213, and 221 E. Irving Boulevard
Administrative Comments
1. This item is recommended by the Office of Economic Development.
2. Impact: This Third Amended and Restated Economic Incentive Agreement with Lafferty Companies, LLC extends the completion dates for the redevelopment of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
3. This is a companion item to the proposed ordinance on this same agenda for a Third Amended and Restated Development Agreement with Lafferty Companies, LLC related to the sale of property at 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
4. On February 27, 2020, the Irving City Council approved RES-2020-95 for an Economic Incentive Agreement with Lafferty Companies, LLC for the redevelopment of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
5. The original agreement allowed for Lafferty Companies, LLC to redevelop the property in two phases. Phase One would construct a mixed-use, multifamily development on the Property A (200 N. Main St.), completing construction by December 31, 2023. Phase Two would construct a three-story, mixed-use, work and loft development on Property B (211, 213, and 221 E. Irving Blvd.), completing construction by December 31, 2025. Lafferty will receive a grant up to $598,000 over a ten-year period as long as certain minimum development criteria are met.
6. City Council approved RES-2021-340 and RES-2021-497, which both modified the development criteria by extending the completion dates for both Phase One and Phase Two Projects. The most recent amendment extended the completion dates to December 31, 2024, for Phase One, and December 31, 2026, for Phase Two. The Developer must obtain a Certificate of Occupancy by each phase’s respective completion dates and maintain a “Level 1” risk rating on the City’s annual multifamily inspection report for both properties.
City Council Agenda 02/24/2022 26
7. This Third Amended and Restated Economic Incentive Agreement modifies the development criteria to include completing Phase One and obtaining a Certificate of Occupancy within thirty (30) months of the City’s delivery of a connection for the wastewater line associated with the Irving Boulevard Reconstruction Project, completing Phase Two and obtaining a Certificate of Occupancy within fifty-two (52) months the City’s delivery of a connection for the wastewater line.
8. Grant term for both Phases would be concurrent and begin two years following the completion of Phase One.
9. This grant will be calculated annually as 25% of the City’s Maintenance and Operation (M&O) rate for taxes paid to the City on the eligible real property value.
10. This property is located within the Irving Boulevard TIF. Funding for this incentive will be a rebate on the portion of the M&O rate not contributing to the TIF, so that the Irving Boulevard TIF is not impacted fiscally.
Recommendation
The resolution be approved.
Consent Agenda
2 Approving Work Session Minutes for Thursday, February 10, 20223 Approving Regular Meeting Minutes for Thursday, February 10, 2022
4 Resolution - Authorizing Publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation; Authorizing the Preparation of a Preliminary Official Statement and Notice of Sale; and Providing for Other Matters Incidental Thereto
Administrative Comments
1. This item is recommended by the Financial Services Department.
2. Impact: The impact of the 2022 Certificates will allow the City to provide cost efficient funding for improvements to support the Drainage Solutions for a Better Tomorrow program.
3. The resolution provides notice that the City, on or about April 21, 2022 intends to issue up to $20,000,000 principal amount of Combination Tax and Revenue Certificates of Obligation, Series 2022 (Exhibit A).
4. The rate on the certificates will be fixed. Variable rates are not a part of this financing structure.
5. The certificates will be used to provide funding for public infrastructure projects to improve drainage capacity (Exhibit B).
6. The City is required to place two consecutive notices in the newspaper. The notice will be published once a week for two consecutive weeks. The date of the first publication being at least 46 days prior to the date of passage of the ordinance authorizing the certificates.
Recommendation
The resolution be approved.
5 Resolution - Approving a Memorandum of Understanding for Use of Facility Space Between the City of Irving and the Texas Health and Human Services Commission (HHSC), on Behalf of the Texas Department of Family and Protective Services, for the Lease of 4,175 Square Feet of Office Space at the Family Advocacy Center Located at 600 West Pioneer
Administrative Comments
1. This item is recommended by the Police Department. It supports Strategic Goal No. 4.1: Safeguard public safety, security and health.
2. Impact: The approval of this Memorandum of Understanding for Use of Facility Space will ensure that services provided by the Texas Department of Family and Protective Services will continue to be available at the Family Advocacy Center for families and victims of crime in the City of Irving.
3. This agreement shall be for the initial period of 24 months commencing on December 1, 2021 and ending on November 30, 2023 unless sooner terminated as provided.
4. This lease is provided at no cost to the Texas Health and Human Services Commission due to the government services they provide at the Irving Family Advocacy Center.
Recommendation
The resolution be approved.
6 Resolution - Approving an Office Lease Agreement Between the City of Irving and Area/EY WFT, LLC for Office Space at 800 W. Airport Freeway for a Five Year Term for the Public Safety Wellness Unit
Administrative Comments
1. This item is recommended by the Public Safety Wellness Unit. It supports Strategic Objective 4.1: Safeguard public safety, security, and privacy.
2. Impact: The use of an office for the Irving First Responders personnel is necessary in order to maintain anonymity.
3. The lease is for a period of 62 months and any partial calendar month, with the option to extend the lease, commencing within (60) days after lease execution. The monthly base rent amount for the first (4) months is $4,261.13, and the base rent subsequently escalates $16.00/sf per yr annually. Beginning with the 13th month, the lease rate increases $0.50 sf per year. Other additional rental fees, including taxes and insurance, are included into the current rate. The electricity is estimated and paid monthly. At the end of the year, the property management reimburses the unit if the estimated amount was too high.
4. The total base rent for the 61 month lease is $220,029.12. Other additional rental fees, including taxes and insurance, are estimated annually.
5. Funding is available in the Public Safety Wellness Unit’s Budget.
Recommendation
The resolution be approved.
7 Resolution - Approving a Lease Agreement Between AGRE Williams Square Holdings, LLC and the City of Irving for the Use of 1,104 Square Feet in the East Tower at William Square for the Mustangs of Las Colinas Museum
Administrative Comments
1. This item is recommended by the Department of Arts & Culture.
2. Impact: Secures access for the reinstallation and operation of the Mustang Museum for the next 5 years at no cost to the City for rent. Re-opening of this Arts Center facility will promote and encourage travelers to learn about the history of the equine exhibit and its connection to the origins of the development of Las Colinas.
3. Commencement Date: February 1, 2022
4. Term: 60 Lease months: Expires on January 31, 2027.
5. Premise: Approximately 1,104 Square Feet.
6. Hours of Operation: Wednesday through Friday 11:00am – 4:00pm and Saturday 9:00am – 1:00pm
7. Base Rent: $0.00 per month
8. Parking: One non reserved space
9. Tenant Improvement Allowance: $0.00
10. There is no funding related to this item
Recommendation
The resolution be approved.
8 Resolution - Approving a Professional Services Agreement Between the City of Irving and Komatsu Architecture, in the Amount of $67,345.00 for the Feasibility Study of Office Space Planning and Programming at City Hall and Jack D. Huffman Buildings
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 - Support strategic investments in city facilities.
2. Impact: The feasibility study will support efficient utilization of City facilities.
3. The scope of work for this study includes establishing city office space standards, an analysis of departmental space needs for programming City Hall and Jack D. Huffman buildings and creating a floor space block diagram to efficiently fit all departments within the City Hall campus buildings.
4. Komatsu Architecture was determined to be the most qualified and competent firm based on previous consulting work completed at City Hall and the Jack D. Huffman Building.
5. Funding in the amount of $67,345.00 is available within the Non-Bond CIP Fund.
Recommendation
The resolution be approved.
9 Resolution - Awarding a Contract to Gomez Floor Covering, Inc., in the Amount of $79,100.00 for Replacement of Tile Flooring at Various Fire Stations
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.5 – Support strategic investments in city facilities.
2. Impact: This project will provide for the replacement of flooring at four Fire Stations. The current floor tile at these facilities has exceeded its service life.
3. Approval for this contract will allow for the replacement of flooring at four Fire Stations. The Fire Stations identified for repair under this agreement are station numbers 3, 5, 6 and 7.
4. Bids were received from four (4) bidders. Gomez Floor Covering, Inc., submitted the lowest responsive bid of $79,100.00.
5. Minority/Women Business Enterprise (M/WBE) Program participation in this award is 100%.
6. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
7. Funding in the amount of $79,100.00 is available in the American Rescue Plan Act (ARPA) Fund.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 6
10 Resolution - Awarding a Contract to MBW Serv Corporation in the Amount of $55,915.00 for Painting and Replacement of Ceiling Tiles at Various Fire Stations
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.5 – Support strategic investments in city facilities.
2. Impact: This project will provide for the painting of ceilings, walls and for the replacement of the ceiling tiles at three of the Fire Stations.
3. Approval of this contract will allow for the replacement or painting of damaged ceilings and for the painting of walls at three Fire Stations. The Fire Stations identified for repair under this agreement are station numbers 2, 7 and 9.
4. Bids were received from four (4) bidders. MBW Serv Corporation, submitted the lowest responsive bid of $55,915.00.
5. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
6. Funding in the amount of $55,915.00 is available in the American Rescue Plan Act (ARPA) Fund.
Recommendation
The resolution be approved.
11 Resolution - Approving a Sales Contract with Jackson-Shaw/CV Parc GSW Limited Partnership, a Delaware Limited Partnership, in the Amount of $106,298.00, for a Special Warranty Deed and Temporary Construction Easement for the Conflans Road Extension Project
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department and Traffic and Transportation Department. It supports Strategic Objective 2.3 - Expand, extend, and maintain the major thoroughfare network.
2. Impact: This contract supports The Road to the Future Program. This deed and easement acquisition is necessary for construction and staging efforts of the Conflans Road Extension Project.
3. The deed is 0.364 acre (15,848 Square-feet), and the easement is 0.189 acre
City Council Agenda 02/24/2022 7
(8,245 Square-feet) located at 4921 Conflans Road, owned by Jackson-Shaw/CV Parc GSW Limited Partnership, a Delaware limited partnership. 4. Funding in the amount of $106,298.00 is available within the Non-Bond CIP Fund.
Recommendation
The resolution be approved.
12 Resolution - Approving Event Support Agreement with Mike Flaskey Entertainment (MFE) In the Amount of $59,394.00 for the 2022 ClubCorp Classic
Administrative Comments
1. This item is recommended by the Irving Convention & Visitors Bureau and supports Strategic Plan Goal 3 – Vibrant Economy.
2. Impact: Approval of this resolution will provide financial resources to event organizers to bring the 2022 ClubCorp Classic and the PGA TOUR Champions to Irving, April 18 – 24, 2022, for economic impact to Texas estimated at more than $1.9 million.
3. This inaugural event is an official sanctioned PGA TOUR Champions and Charles Schwab Cup Event, and also will feature a field of 50 celebrity golfers competing alongside the golf professionals at the Las Colinas Country Club.
4. The tournament features a professional prize purse of $2 million, among the largest professional purses outside the major championships, as well as a $500,000 celebrity prize purse.
5. The event will be televised on the Golf Channel, providing significant exposure opportunities.
6. Mike Flaskey Entertainment considered multiple site locations outside of Texas before awarding the event to Irving
7. The Office of the Governor, Economic Development & Tourism has determined that the estimated incremental increase in tax revenue to the State of Texas attributable to the 2022 ClubCorp Classic is $371,207.00. The ICVB will prepare an analysis through an independent third party of the event-related projected revenues after the event.
8. The Events Trust Fund is created by the Office of the Governor, Economic
City Council Agenda 02/24/2022 8
Development & Tourism with contributions from the state and endorsing municipalities. The City will contribute $59,394.00 and the State will contribute $371,207.00. 9. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
10. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues.
11. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22.
12. Funding in the amount of $59,394.00 is available in the ICVB budget within the General Fund.
Recommendation
The resolution be approved.
13 Resolution - Approving the Season Seat Agreement Between the City of Irving on Behalf of the Irving Convention and Visitors Bureau and Live Nation Marketing, Inc. for the Purchase of Seats at the Pavilion at the Toyota Music Factory
Administrative Comments
1. This item is recommended by the Irving Convention and Visitors Bureau. It supports Strategic Plan Goal 3 - Vibrant Economy.
2. Impact: Approval of this season seat agreement will provide seats for the Irving Convention & Visitors Bureau to use to capitalize on marketing and promotional opportunities, as well as customer networking throughout the year.
3. The Pavilion at the Toyota Music Factory is Irving’s primary entertainment venue for events and use of the venue to entertain clients is an opportunity for the ICVB to capitalize on this distinct attraction to continue to tell the Irving story.
4. The agreement provides for eight premium seats, and two parking passes at each
City Council Agenda 02/24/2022 9
concert promoted and produced by Live Nation, plus the option to purchase additional tickets on an as needed basis for client entertainment throughout the season, in the amount of $60,000 plus $20,000 for as-needed tickets.
5. This is a 12-month agreement for the event season from February 24, 2022 to December 31, 2022.
6. The ICVB will adhere to the policy established by the ICVB Board regarding use of the box seats. The seats will be used with local clients, familiarization tours, media tours, industry partners, etc.
7. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure.
8. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues.
9. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22.
10. Funding in the amount of $80,000.00 is available in the ICVB general fund for FY21/22.
Recommendation
The resolution be approved.
14 Resolution - Approving an Agreement Between the City of Irving and the North Texas Municipal Water District (NTMWD) to Authorize Use of the Pipeline Reserve Fund
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This item supports the city’s Investing in our Future Initiative.
City Council Agenda 02/24/2022 10
Approval of this agreement will preserve the operability of the Lake Chapman Water Supply System. 3. Irving and the North Texas Municipal Water District (NTMWD) share the first phase of the Lake Chapman Water Supply System which includes multiple facilities and an 84-inch transmission pipeline.
4. Irving and NTMWD prepare an annual O&M budget for anticipated maintenance, but there is additional funding set aside in the Pipeline Reserve Fund for unanticipated and unbudgeted needs of the shared facilities.
5. On December 3, 2020, the shared 84-inch transmission pipeline failed. Emergency repairs were completed at a total cost of $597,518.78. Pursuant to the existing O&M Agreement between Irving and NTMWD, the cost for the repair is split based on the pro rata percentage of water pumped through the shared facilities over the previous 5-year period. Irving’s portion of this repair came to $354,926.75, a pro rata percentage of 59.4%.
6. To offset costs, staff requested use of the existing Pipeline Reserve Fund to offset a portion of the cost of this repair. Irving and NTMWD each contribute 50% of the fund. NTMWD agreed to use of $208,500.00 (50%) of the Pipeline Reserve Fund as a credit towards the amount owed by Irving. This results in a reduced amount of $155,965.37 that Irving owes to NTMWD to finalize the accounting for FY 21 operations under the existing O&M Agreement.
7. The Pipeline Reserve Fund will be restored in future O&M budgets.
Recommendation
The resolution be approved.
15 Resolution - Renewing an Agreement with Sole Source Provider Xylem Water Solutions U.S.A., Inc., in an Amount Not to Exceed $130,000.00 for Flygt-Branded Equipment to Operate and Maintain Wastewater Pumps and Equipment
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This item supports the city’s Investing in our Future initiative. This purchase will allow staff to purchase equipment and materials to keep wastewater facilities operational and prevent sanitary sewer overflows.
3. This agreement renewal establishes an annual contract to supply Flygt equipment for wastewater pumps and controls. It will be subject to consideration for additional
City Council Agenda 02/24/2022 11
renewals as needed under the same terms and conditions. 4. The city operates and maintains eleven wastewater pump stations.
5. Flygt pumps and communication devices are used at all of these facilities. Staff has to purchase replacement parts and equipment periodically to keep all of the facilities operational.
6. Funding in the amount of $130,000.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Recommendation
The resolution be approved.
16 Resolution - Approving a Purchase Agreement with Single Source Provider Municipal Valve & Equipment, in an Amount Not to Exceed $120,045.00 for Three Check Valves for the MacArthur Pump Station
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: The three new check valves will replace existing check valves at the MacArthur Pump Station that are worn, cannot be repaired and at risk of failure. The check valves keep the pump station operating properly by preventing water from flowing backwards through the pumps.
3. Crispin check valves from Municipal Valve & Equipment are in use at the Hackberry Pump Station, Northgate Pump Station and MacArthur Pump Station. Crispin valves were purchased and installed on three of the six pump trains at MacArthur in 2019. The valves associated with this contract are to replace the remaining three valves at the MacArthur Pump Station.
4. Crispin check valves have proven to be of high quality and are easy to maintain.
5. Crispin check valves are the City’s standard at water pump station facilities.
6. Funding in the amount of $120,045.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 12
17 Resolution - Approving a Three-Year Technical Service Agreement in the Amount of $208,149.00 with Sole Source Provider Siemens Industry, Inc., for Preventative Maintenance Services for Pumps at the Hackberry, Northgate, MacArthur and Lake Chapman Pump Stations
Administrative Comments
1. This item is recommended by the Water Utilities Department. It supports Strategic Objective 2.4 – Maintain and extend water, wastewater and storm water systems.
2. Impact: This agreement helps maintain reliable medium and low voltage variable frequency drives (VFD) for pumps at the Hackberry, Northgate, MacArthur, and Lake Chapman pump stations.
3. Services include preventative maintenance on sixteen (16) VFD’s during annual site visits to include travel and living expenses.
4. The total amount for the three-year technical service agreement is $208,149.00. Preferred pricing provides for discounts on services that are fixed and locked in at today’s rates with no escalation for the duration of the agreement.
5. The agreement period begins February 1, 2022, and ends on January 31, 2025, subject to funding being appropriated in fiscal years 2022-23 and 2023-24. First year funding in the amount of $69,383.00 is available in the Water Utilities budget within the Water and Sewer System Fund.
Vendor
FY 2021-22 Est.
Expenditures
(Current FY)
FY 2022-23 Est.
Expenditures
(Future FY)
FY 2023-24 Est.
Expenditures
(Future FY)
Total Est.
Expenditure
Siemens Industry, Inc.
$69,383.00
$69,383.00
$69,383.00
$208,149.00
Recommendation
The resolution be approved.
18 Resolution - Approving Single Source Purchase from Caron Compactor Company for Compactor Wheels in the Amount of $97,177.00
Administrative Comments
1. This item has been recommended by Solid Waste and approved by Fleet.
2. Impact: Purchase of four compactor wheels will allow the Solid Waste
City Council Agenda 02/24/2022 13
Services Department to maintain a high level of customer service for the residents
of Irving.
3. Caron Compactor Company is the patent holder (D709,103) sole source manufacturer and seller for the 7-inch DURAMEGA traction and Contour Pin-On teeth with replaceable caps.
4. Unit Number 06227, 826 H Landfill Compactor, was purchased with Caron wheels with the 7-inch DURAMEGA traction and Contour Pin-On teeth when it was bought new in 2012.
5. Funding in the amount of $97,177.00 is available in the Heavy Equipment Maintenance Fund.
Recommendation
The resolution be approved.
Bids & Purchasing Items
Items 19 - 30
19 Resolution - Authorizing As-Needed Expenditures with Fastenal Company in the Total Estimated Amount of $175,000.00 for Maintenance, Repair & Operations (MRO) Supplies and Related Services through the National Intergovernmental Purchasing Alliance Company dba Omnia Partners, Public Sector (Omnia Partners)
Administrative Comments
1. This item is recommended by the Financial Services Department - Purchasing Division.
2. Impact: Utilization of the Vendor/Member contract between the City of Irving and Fastenal Company, for Omnia Partners Contract No. 2018.000208, which expires on June 30, 2023, will allow the city to purchase MRO supplies.
3. Approval of this item supports as-needed purchases of miscellaneous tools, maintenance supplies, hardware items, etc., from local stores or by purchase order for various departments. It additionally provides a vending program at no cost to the city for dispensing often-used items in order to provide accountability for employee usage.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 14
Vendor
Spending Term
Total Estimated Amount
Fiscal Year(s)
Fastenal Company
4/1/22 – 6/30/23
$ 87,500.00
2021-22
$ 87,500.00
2022-23
TOTAL
$175,000.00
Recommendation
The resolution be approved.
20 Resolution - Renewing the Contract with Concentra Medical Services in an Amount Not to Exceed $175,000.00 for Medical & Occupational Health Fitness and Drug Screening Services for a Two-Year Period
Administrative Comments
1. This item is recommended by the Human Resources Department.
2. Impact: Health services include DOT and non-DOT pre-employment and random drug screening, pre-employment and promotional physical examinations, and immunizations for civil service and general government city employees in compliance with all applicable laws, statutes, and regulations to enhance employee health and safety. These services ensure that applicants and employees meet the physical requirements for city employment, including physical fitness of Civil Service sworn positions for continued compliance with Local Government Code Chapter 143.
3. This renewal establishes the continuation of a contract for providing medical and occupational health fitness services to ensure that short-and long-term employment needs for the city are appropriately met. The original agreement was awarded to the respondent receiving the highest evaluation criteria score through a Request for Proposals process. This is the second and final two-year renewal option for this contract, which expires on March 31, 2022.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
5. Because this contract runs April 2022 through March 2024, it is possible that more than the estimated amounts shown in the chart below may be spent in one operating year or the other as long as there are budget funds available to accommodate that year’s additional purchases and the total contract award amount is not exceeded.
City Council Agenda 02/24/2022 15
Vendor
Contract Term
Total Est. Expenditure
Fiscal Year(s)
Concentra Medical Centers
4/1/22 – 3/31/24
$ 43,750.00
2021-22
$ 87,500.00
2022-23
$ 43,750.00
2023-24
TOTAL NOT TO EXCEED AMOUNT
$175,000.00
Recommendation
The resolution be approved.
21 Resolution - Renewing the Contract with TruGreen Lawncare in the Total Estimated Amount of $130,400.00 for Chemical Weed and Pest Control for Park Areas
Administrative Comments
1. This item has been recommended by the Parks & Recreation Department.
2. Impact: This contract will assist in controlling the undesirable weeds and insects that can have a detrimental impact on turfgrass in parks and athletic fields in order to provide an acceptable standard for the residents.
3. The previous contract term also included weed and pest control for drainage channels; however, that vendor declined to renew their contract with the city.
4. This renewal establishes the continuation of a contract to provide chemical weed and pest control for park areas. This is the second and final two-year renewal option. The current contract expires on February 28, 2022.
5. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation Department budget within the General Fund, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
Vendor
Contract Term
Total Est. Expenditure
Fiscal Year(s)
TruGreen Lawncare
3/1/22-2/29/24
$ 37,800.00
2021-22
$ 67,400.00
2022-23
$ 25,200.00
2023-24
TOTAL
$130,400.00
Recommendation
City Council Agenda 02/24/2022 16
The resolution be approved.
22 Resolution - Authorizing As-Needed Expenditures with Facilities Solutions Group, Inc., (FSG) in the Total Estimated Amount of $325,000.00 for Electrical Parts and Repair Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Capital Improvement Program, Parks & Recreation, and Water Utilities departments.
2. Impact: Approval of this item will allow the city to procure labor and materials for the repair of electrical infrastructure in city facilities.
3. A Vendor/Member contract between the City of Irving and FSG was approved on April 15, 2021, by RES-2021-145. The contract supports utilization of BuyBoard Contract No. 638-21 for Trade Services, which has been renewed through February 28, 2023.
4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program Department budget within the General Fund, the Water & Sewer Operating Fund, and various other departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated
Amount
Fiscal Year(s)
Facility Solutions Group, Inc.
3/1/22 - 2/28/23
$155,000.00
2021-22
$170,000.00
2022-23
TOTAL
$325,000.00
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 17
23 Resolution - Authorizing As-Needed Expenditures with Nema 3 Electrical Contractors, Inc., dba Nema 3 Electric, Inc., in the Total Estimated Amount of $250,000.00 for the Purchase of Electrical Parts and Repair Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Parks & Recreation and Capital Improvement Program departments.
2. Impact: Approval of this item will allow the city to procure labor and materials for repair of electrical infrastructure in city facilities.
3. A Vendor/Member contract between the City of Irving and Nema 3 Electrical Contractors, Inc., dba Nema 3 Electric, Inc., was approved on June 3, 2021 by RES-2021-206. The contract supports utilization of BuyBoard Contract No. 638-21 for Trade Services which has been renewed through February 28, 2023 by BuyBoard.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated
Amount
Fiscal Year(s)
Nema 3 Electrical Contractors, Inc. dba Nema 3 Electric, Inc.
3/1/22 – 2/28/23
$100,000.00
2021-22
$150,000.00
2022-23
TOTAL
$250,000.00
Recommendation
The resolution be approved.
24 Resolution - Renewing the Contract with SLM Landscaping and Maintenance, in the Total Estimated Amount of $520,000.00 for Mowing & Litter Control on City Rights of Way and Public Properties
Administrative Comments
1. This item is recommended by the Parks & Recreation Department.
2. Impact: This contract will provide landscape maintenance services for the mowing and litter control on city rights of way and public properties throughout the city on either a 30-day cycle or a 14-day cycle. This service is essential in maintaining
City Council Agenda 02/24/2022 18
vegetation adjacent to city roadway corridors as well as undeveloped land owned by the city to enhance community appearance. 3. This renewal establishes the continuation of a contract to provide mowing and litter control on city rights of way and public properties. This is the second and final two-year renewal option. The current contract expires on February 28, 2022.
4. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation Department budget within the General Fund and in the Economic Development Fund, while funding for Fiscal Years 2022-23 and 2023-24 is subject to budget appropriation.
Vendor
Contract Term
Estimated
Expenditure
Fiscal Year(s)
SLM Landscaping and Maintenance
3/1/22 – 2/29/24
$ 173,350.00
2021-22
$ 280,650.00
2022-23
$ 66,000.00
2023-24
TOTAL
$ 520,000.00
Recommendation
The resolution be approved.
25 Resolution - Authorizing As-Needed Expenditures with Innovation HVAC Services, LLC, dba Assured Comfort Services in the Total Estimated Amount of $500,000.00 for Plumbing Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Capital Improvement Program Department – Facilities Division.
2. Impact: Approval of this item will allow the department to respond to plumbing issues at city facilities quickly and efficiently.
3. A Vendor/Member contract between the City of Irving and Innovation HVAC Services, LLC, dba Assured Comfort Services, was approved on June 17, 2021, by RES-2021-220. This contract supports the utilization of BuyBoard Contract No. 638-21 for Trade Services, which has been renewed through February 28, 2023.
4. Approval of this contract supports as-needed expenditures for plumbing services for city facilities through the designated BuyBoard contract for the specified contract term.
5. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 19
Vendor
Contract Term
Total Estimated Expenditures
Fiscal Year(s)
Innovation HVAC Services, LLC, dba Assured Comfort Services
3/1/22 - 2/28/23
$200,000.00
2021-22
$300,000.00
2022-23
TOTAL
$500,000.00
Recommendation
The resolution be approved.
26 Resolution - Approving the Construction Manager at Risk Delivery Method as the Best Value for the Central Fire Station Construction Project
Administrative Comments
1. This item is recommended by the Capital Improvement Program (CIP) and Fire departments. It supports Strategic Objective No.2.5: Support strategic investments in city facilities.
2. Impact: Pursuant to Chapter 2269.056 of the Texas Government Code, the governing body of a governmental entity may determine which construction delivery method provides the best value for the entity. Employing the Construction Manager at Risk (CMAR) delivery method rather than a competitive bid process will provide for a collaborative effort with the architect’s design team to add value engineering to the project throughout the design process. This will allow for an efficient means of implementing the best value for the project, which will provide the highest overall project quality at the most economical cost to the City.
3. This item was discussed with the Public Safety Committee on February 10, 2022.
4. Approval of this item will authorize use of the CMAR construction method for the Central Fire Station construction project and allow staff to proceed with a Request for Proposals process for selection of a CMAR.
5. The CMAR contract will include a Guaranteed Maximum Price (GMP) for work agreed upon and a negotiated fee to be paid to the CMAR. Upon completion of work, any cost savings realized below the GMP amount will be credited to the city.
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 20
27 Resolution - Renewing the Annual Contract with Legacy Ready-Mix LLC, in the Total Estimated Amount of $389,940.00 for Redi-Mix Concrete
Administrative Comments
1. This item is recommended by the Traffic & Transportation Department.
2. Impact: This contract supports City’s Road to the Future Program. Concrete is utilized by the Traffic & Transportation Department to maintain and enhance mobility for the safe and effective transit of motorists and pedestrians throughout the city. This contract will provide the necessary resources to expedite repairs to damaged existing roadways and sidewalks and other concrete locations.
3. The renewal summary attached to this item represents an average 9% increase in the price of this contract. The requested price increases have been documented by the vendor per specification requirements and staff has accepted the price increases.
4. This renewal establishes the continuation of an annual contract to provide Redi-Mix concrete. This is the second and final one-year renewal option. The current contract expires on February 28, 2022.
5. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Estimated Expenditures
Fiscal Year(s)
Legacy Ready-Mix LLC
3/1/22– 2/28/23
$259,960.00
2021-22
$129,980.00
2022-23
TOTAL
$389,940.00
Recommendation
The resolution be approved.
City Council Agenda 02/24/2022 21
28 Resolution - Approving and Accepting the Bid of Tejas Utilities, LLC, in the Total Estimated Amount of $382,000.00 for Freeway & Street Lighting Maintenance and On-Call Services
Administrative Comments
1. This item is recommended by the Traffic & Transportation Department.
2. Impact: This maintenance and on-call services contract will provide monthly maintenance and as-needed emergency services for the freeway and street lighting systems within the City of Irving.
3. This award establishes an annual contract for the continuation of providing freeway and street lighting maintenance and on-call services. This contract is subject to two one-year renewal options.
4. Funding for Fiscal Year 2021-22 is available in the Traffic and Transportation Department budget within the General Fund and the Street Improvement Bond Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Description
FY 2021-22
Estimated Amount
FY 2022-23 Estimated Amount
Total
Tejas Utilities, LLC
3/1/22 – 2/28/23
Maintenance
$ 133,000.00
$ 95,000.00
$228,000.00
On-Call Services
$ 89,833.30
$ 64,166.70
$154,000.00
TOTAL
$222,833.20
$159,166.70
$382,000.00
Recommendation
The resolution be approved.
29 Resolution - Renewing the Annual Contract with USIC Locating Services, LLC, in the Total Estimated Amount of $175,000.00 for Fiber Optic Network Locate Services
Administrative Comments
1. This item is recommended by the Information Technology Department.
2. Impact: Purchases under this contract will provide fiber optic locate services for the city-owned fiber optic network which supports the City’s most critical data systems. These systems include the public safety radio, outdoor warning, and fire station alerting systems as well as other mission critical communication systems.
City Council Agenda 02/24/2022 22
3. This renewal establishes the continuation of an annual contract to provide fiber optic network locate services. This is the second and final, one-year renewal options. The current contract expires on February 28, 2022.
4. Funding for Fiscal Year 2021-22 is available in the Technology Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
Vendor
Contract Term
Total Estimated Expenditures
Fiscal Year(s)
USIC Locating Services, LLC
3/1/22 – 2/28/23
$ 87,500.00
2021-22
$ 87,500.00
2022-23
TOTAL
$175,000.00
Recommendation
The resolution be approved.
30 Resolution - Approving a Vendor/Member Contract Pursuant to a Cooperative Purchasing Agreement Between the City of Irving and SHI Government Solutions, Inc., and Authorizing As-Needed Expenditures in the Total Estimated Amount of $450,000.00 for Technology Equipment, Products, Services & Software through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard)
Administrative Comments
1. This item is recommended by the Information Technology Department.
2. Impact: Establishment of a Vendor/Member Contract between the City of Irving and SHI Government Solutions, Inc., for utilization of BuyBoard Contract No. 661-22, which expires on December 31, 2022, will allow the city to procure Technology Equipment, Products, Services and Software on an as-needed basis.
3. Approval of this item allows for the purchase of malware mitigation and security education software and other software licensing and support renewals, as well as a variety of hardware and backup supply items that may be required by all city departments as individual purchases or though the city’s computer replacement program.
4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation.
City Council Agenda 02/24/2022 23
Vendor
Contract Term
Total Estimated Amount
Fiscal Year(s)
SHI Government Solutions, Inc.
2/25/2022 – 12/31/2022
$350,000.00
2021-22
$100,000.00
2022-23
TOTAL
$450,000.00
Recommendation
The resolution be approved.
End of Bids
31 Ordinance - Approving a Third Amended and Restated Development Agreement with Lafferty Companies, LLC for the Sale of Property at 200 N. Main Street, 211, 213, and 221 E. Irving Boulevard
Administrative Comments
1. This item is recommended by the Office of Economic Development.
2. Impact: This Third Amended and Restated Development Agreement with Lafferty Companies, LLC extends the closing dates on the sale of property, completion dates of the project, and adds a force majeure clause.
3. This is a companion item to the proposed resolution on this same agenda for a Third Amended and Restated Economic Incentive Agreement with Lafferty Companies, LLC related to the development of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
4. On February 27, 2020, Irving City Council approved ORD-2020-10318 for a Development Agreement with Lafferty Companies, LLC in the amount of $1,328,700 for the sale of property at 200 N. Main St., 211, 213, and 221 E. Irving Blvd. Lafferty intends to develop the property in two phases. Phase One would construct a mixed-use, multifamily development on Property A (200 N. Main St.), and Phase Two would construct a three-story, mixed-use, work and loft development on Property B (211, 213, and 221 E. Irving Blvd.)
5. On September 16, 2021, City Council approved ORD-2021-10493 for an Amended and Restated Development Agreement that added additional property to the sale of property and extended the closing deadlines.
6. On December 9, 2021, City Council approved ORD-2021-10529 for a Second Amended and Restated Development Agreement that added additional property to the sale of property and extended the closing deadlines.
City Council Agenda 02/24/2022 24
7. Per the Third Amended and Restated Agreement, the City of Irving must provide a Notice to Proceed for the construction of the Irving Boulevard Reconstruction Project, which includes a wastewater line relocation. The Developer will relocate the sewer line that currently runs through the project to northern side of the project to connect to the relocated wastewater line the City is constructing.
8. Also included in the Agreement, the Developer must provide a Performance Guarantee with City of Irving as the beneficiary in the full amount of the Purchase Price for the applicable phase, guaranteeing the Developer will take all actions necessary, including any actions required by City Regulations, to construct and receive an unconditional Certificate of Occupancy for all buildings and site improvements in the Phase One Project on or by December 31, 2024.
9. The Developer cannot fully start construction of the Phase One Project until the City delivers the wastewater line for connection. To mitigate any issues outside of the Developer’s control, this amendment changes the language of the completion date from December 31, 2024, to thirty (30) months after delivery of a wastewater line connection. Thirty (30) months is the amount of time in the current agreement to complete Phase One based on a sewer connection delivery of July 1, 2022. Phase Two would be amended to 52 months from the sewer connection delivery for completion.
10. The Agreement includes a Force Majeure clause to account for delays as a result of circumstances which are beyond reasonable control. A written notice stating the details of the event causing a delay must be provided within ten (10) days of the event. Qualified circumstances would be for a period of over 30 days. If the delay is due to shortage of materials, the Developer must provide what the anticipated lead time for the material was at the time of entering into this Agreement and show evidence on how that time frame changed through a written statement to the City along with any other necessary documentation.
11. The Closing Date for Property A is amended from February 28, 2022, to April 30, 2022.
12. The Closing Date for Property B is amended from March 31, 2024, to December 31, 2024, and Lafferty Companies will pay $300,000 cash at closing if Lafferty Companies executes their option to purchase Property B by October 31, 2024, and has completed the construction of Phase One.
13. The separate Third Amended and Restated Economic Incentive Agreement extends the completion dates for both Phase One and Phase Two. Lafferty will receive a grant of up to $598,000 over a ten-year period as long as certain minimum development criteria are met. Those criteria include completing Phase One and obtaining a Certificate of Occupancy within 30 months of sewer connection delivery, completing Phase Two and obtaining a Certificate of Occupancy within 52 months of sewer connection delivery, and maintaining a “Level 1” risk rating on the City’s annual multifamily inspection report for both properties.
City Council Agenda 02/24/2022 25
Recommendation
The ordinance be approved.
32 Resolution - Approving a Third Amended and Restated Economic Incentive Agreement Between the City of Irving and Lafferty Companies, LLC in an Amount Not to Exceed $598,000 Related to the Development of the Property Located at 200 N. Main Street, 211, 213, and 221 E. Irving Boulevard
Administrative Comments
1. This item is recommended by the Office of Economic Development.
2. Impact: This Third Amended and Restated Economic Incentive Agreement with Lafferty Companies, LLC extends the completion dates for the redevelopment of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
3. This is a companion item to the proposed ordinance on this same agenda for a Third Amended and Restated Development Agreement with Lafferty Companies, LLC related to the sale of property at 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
4. On February 27, 2020, the Irving City Council approved RES-2020-95 for an Economic Incentive Agreement with Lafferty Companies, LLC for the redevelopment of 200 N. Main St. and 211, 213, and 221 E. Irving Blvd.
5. The original agreement allowed for Lafferty Companies, LLC to redevelop the property in two phases. Phase One would construct a mixed-use, multifamily development on the Property A (200 N. Main St.), completing construction by December 31, 2023. Phase Two would construct a three-story, mixed-use, work and loft development on Property B (211, 213, and 221 E. Irving Blvd.), completing construction by December 31, 2025. Lafferty will receive a grant up to $598,000 over a ten-year period as long as certain minimum development criteria are met.
6. City Council approved RES-2021-340 and RES-2021-497, which both modified the development criteria by extending the completion dates for both Phase One and Phase Two Projects. The most recent amendment extended the completion dates to December 31, 2024, for Phase One, and December 31, 2026, for Phase Two. The Developer must obtain a Certificate of Occupancy by each phase’s respective completion dates and maintain a “Level 1” risk rating on the City’s annual multifamily inspection report for both properties.
City Council Agenda 02/24/2022 26
7. This Third Amended and Restated Economic Incentive Agreement modifies the development criteria to include completing Phase One and obtaining a Certificate of Occupancy within thirty (30) months of the City’s delivery of a connection for the wastewater line associated with the Irving Boulevard Reconstruction Project, completing Phase Two and obtaining a Certificate of Occupancy within fifty-two (52) months the City’s delivery of a connection for the wastewater line.
8. Grant term for both Phases would be concurrent and begin two years following the completion of Phase One.
9. This grant will be calculated annually as 25% of the City’s Maintenance and Operation (M&O) rate for taxes paid to the City on the eligible real property value.
10. This property is located within the Irving Boulevard TIF. Funding for this incentive will be a rebate on the portion of the M&O rate not contributing to the TIF, so that the Irving Boulevard TIF is not impacted fiscally.
Recommendation
The resolution be approved.
»
Item 33 - Resolution - Approving an Allocation of the Community Development Block Grant COVID-19 Funds to Irving Cares, Inc. in the Amount of $30,000.00
Administrative Comments
1. This item is recommended by the Planning and Community Development Department.
2. Impact: This action will provide funding to local non-profit organizations to prevent, prepare for, and respond to the coronavirus (COVID-19).
3. On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This act allocated additional Community Development Block Grant Funds (CDBG-CV) and Emergency Solutions Grant Funds (ESG-CV) to states, counties, and local governments to address a range of housing and community development activities that prevent, prepare for, and respond to the coronavirus (COVID-19).
4. The City of Irving as an entitlement city received $1,356,438 in CDBG-CV funds and $678,434 in ESG-CV funds.
5. On May 20, 2020, the City Council approved CDBG-CV funds to be allocated to area agencies to assist with the prevention, preparation for, and response to the
coronavirus (COVID-19). 6. The Planning and Community Development Department solicited applications from agencies from December 17, 2021 through January 21, 2022. Staff received only one application.
7. The Housing and Human Services Board reviewed and recommended funding Irving Cares, Inc in the amount of $30,000 at its February 16, 2022 meeting.
8. Funding in the amount of $30,000.00 is available in the Outside Services budget within the Community Development Block Grant COVID-19 Fund.
Recommendation
The resolution be approved.
Item 33
Resolution - Approving an Allocation of the Community Development Block Grant COVID-19 Funds to Irving Cares, Inc. in the Amount of $30,000.00Administrative Comments
1. This item is recommended by the Planning and Community Development Department.
2. Impact: This action will provide funding to local non-profit organizations to prevent, prepare for, and respond to the coronavirus (COVID-19).
3. On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This act allocated additional Community Development Block Grant Funds (CDBG-CV) and Emergency Solutions Grant Funds (ESG-CV) to states, counties, and local governments to address a range of housing and community development activities that prevent, prepare for, and respond to the coronavirus (COVID-19).
4. The City of Irving as an entitlement city received $1,356,438 in CDBG-CV funds and $678,434 in ESG-CV funds.
5. On May 20, 2020, the City Council approved CDBG-CV funds to be allocated to area agencies to assist with the prevention, preparation for, and response to the
coronavirus (COVID-19). 6. The Planning and Community Development Department solicited applications from agencies from December 17, 2021 through January 21, 2022. Staff received only one application.
7. The Housing and Human Services Board reviewed and recommended funding Irving Cares, Inc in the amount of $30,000 at its February 16, 2022 meeting.
8. Funding in the amount of $30,000.00 is available in the Outside Services budget within the Community Development Block Grant COVID-19 Fund.
Recommendation
The resolution be approved.
»
Item 34 - Ordinance - Amending Chapter 8 of the Code of Civil and Criminal Ordinances Entitled Building Standards by Adding Article XI Entitled Short Term Rental Registration to Establish Registration Requirements and Regulations for Use of a Single-Family Residential Property as a Short-Term Rental and Establishing Fees for Annual Registration of a Short-Term Rental to Take Effect October 1, 2022
Administrative Comments
1. This item has been recommended by the Code Enforcement Department.
2. This item supports Strategic Goal No.4.3. – Improve community appearance and protect neighborhood integrity.
3. IMPACT: The adoption of this ordinance will help to preserve residential neighborhoods.
4. The adoption of this ordinance creates registration and fee requirements for owners of Short-Term Rentals.
5. The requirement for owners to provide contact information and links to all Internet Platforms will facilitate expedited enforcement responsiveness.
6. The prohibition on advertising rental accommodations that exceed the maximum density requirements will deter overcrowding.
7. The requirement to display owner/agent contact info; city ordinances; first responder emergency/non-emergency numbers; evacuation routes; on the interior of short-term rentals encourages compliance and promotes safety for the occupants.
8. The proposed amendments are consistent with those regulations requested and supported by the members of the Planning & Development Committee.
9. The proposed amendments were presented at the February 10, 2022, work session and supported by the full council.
Recommendation
The ordinance be adopted.
Item 34
Ordinance - Amending Chapter 8 of the Code of Civil and Criminal Ordinances Entitled Building Standards by Adding Article XI Entitled Short Term Rental Registration to Establish Registration Requirements and Regulations for Use of a Single-Family Residential Property as a Short-Term Rental and Establishing Fees for Annual Registration of a Short-Term Rental to Take Effect October 1, 2022Administrative Comments
1. This item has been recommended by the Code Enforcement Department.
2. This item supports Strategic Goal No.4.3. – Improve community appearance and protect neighborhood integrity.
3. IMPACT: The adoption of this ordinance will help to preserve residential neighborhoods.
4. The adoption of this ordinance creates registration and fee requirements for owners of Short-Term Rentals.
5. The requirement for owners to provide contact information and links to all Internet Platforms will facilitate expedited enforcement responsiveness.
6. The prohibition on advertising rental accommodations that exceed the maximum density requirements will deter overcrowding.
7. The requirement to display owner/agent contact info; city ordinances; first responder emergency/non-emergency numbers; evacuation routes; on the interior of short-term rentals encourages compliance and promotes safety for the occupants.
8. The proposed amendments are consistent with those regulations requested and supported by the members of the Planning & Development Committee.
9. The proposed amendments were presented at the February 10, 2022, work session and supported by the full council.
Recommendation
The ordinance be adopted.
»
Item 35 - Resolution - Considering Permit #2022-02-159 - to Allow a Fat Tuesday Event with Outdoor Food and Alcohol Sales at the Property Located at 4070 North Belt Line Road, Suite 100 for February 28, 2022 through March 2, 2022 - PO Melvin's Restaurant, Applicant
Administrative Comments
1. This item is recommended by the Planning and Community Development Department.
2. Po Melvin’s restaurant is requesting approval for a Fat Tuesday event on March 1, 2022. The applicant is setting up tents for overflow seating during the event.
3. The tents will be in front of the building and extend into the parking lot, covering several parking spaces. Ample parking exists in the shopping center. The tents will not encroach into the fire lane.
4. The events will consist of several tents that will serve food and alcoholic beverages with live bands and lawn games. Setup for the event begins on February 28, 2022, and tear-down will occur on March 2, 2022.
5. All required permits will be obtained by the applicant.
Recommendation
The resolution be approved.
Item 35
Resolution - Considering Permit #2022-02-159 - to Allow a Fat Tuesday Event with Outdoor Food and Alcohol Sales at the Property Located at 4070 North Belt Line Road, Suite 100 for February 28, 2022 through March 2, 2022 - PO Melvin's Restaurant, ApplicantAdministrative Comments
1. This item is recommended by the Planning and Community Development Department.
2. Po Melvin’s restaurant is requesting approval for a Fat Tuesday event on March 1, 2022. The applicant is setting up tents for overflow seating during the event.
3. The tents will be in front of the building and extend into the parking lot, covering several parking spaces. Ample parking exists in the shopping center. The tents will not encroach into the fire lane.
4. The events will consist of several tents that will serve food and alcoholic beverages with live bands and lawn games. Setup for the event begins on February 28, 2022, and tear-down will occur on March 2, 2022.
5. All required permits will be obtained by the applicant.
Recommendation
The resolution be approved.
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Item 36 - Resolution - S2111-0035 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs- Property Located at 910 Maryland Drive - Bonick Landscaping, Applicant/Owner
Administrative Comments
1. The applicant is seeking approval of a sign variance to allow a new monument sign without the required brick, stone or similar materials encasing the metal cabinet. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign on an extended limestone base.
2. The property is located at 910 Maryland Drive. The proposed sign faces Maryland Drive and is at the intersection of Maryland Drive and E. Union Bower Road.
3. The proposed monument sign face is 12’4” x 3’8” (approx. 45 square feet). The overall size of the sign including the base is 26’4”. The sign will not be located in any easements.
4. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.”
5. The letter submitted with the application by the owner states that they are “always striving to create innovative ideas for our clients” and that the proposed sign “will showcase our modern design aesthetics”.
6. While the sign cabinet is not encased in brick or stone, it does sit on an extensive stone base. Staff believes it meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Accordingly, staff can support this request.
Recommendation
The resolution be approved.
Item 36
Resolution - S2111-0035 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs- Property Located at 910 Maryland Drive - Bonick Landscaping, Applicant/OwnerAdministrative Comments
1. The applicant is seeking approval of a sign variance to allow a new monument sign without the required brick, stone or similar materials encasing the metal cabinet. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign on an extended limestone base.
2. The property is located at 910 Maryland Drive. The proposed sign faces Maryland Drive and is at the intersection of Maryland Drive and E. Union Bower Road.
3. The proposed monument sign face is 12’4” x 3’8” (approx. 45 square feet). The overall size of the sign including the base is 26’4”. The sign will not be located in any easements.
4. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.”
5. The letter submitted with the application by the owner states that they are “always striving to create innovative ideas for our clients” and that the proposed sign “will showcase our modern design aesthetics”.
6. While the sign cabinet is not encased in brick or stone, it does sit on an extensive stone base. Staff believes it meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Accordingly, staff can support this request.
Recommendation
The resolution be approved.
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Item 37 - Resolution - S2112-0054 - Considering a Request for a Special Sign Permit to Allow a Double-Sided Digital Face on a Pole Sign - 750 West LBJ Freeway - Barnett Signs, Inc., Applicant - McDonald's, Owner.
Administrative Comments
1. The applicant is seeking approval of a Special Sign Permit to allow a new 28 square foot digital sign cabinet on an existing pole sign with a digital face on each side.
2. The sign is located approximately 80 feet from the property line, as measured from the edge of the sign. The sign is 29 feet tall and has an existing primary sign face of 150 square feet and a secondary changeable sign face of approximately 28 square feet. The secondary sign will be replaced with the digital sign cabinet.
3. Chapter 7, Section 7-3.1 of the City of Irving Land Development Code states that the City Council can approve a Special Sign Permit for an on-premises electronic sign on any new or lawfully existing sign. Section 7-3 (6)(d) includes requirements for electronic signs, including the following:
a. No animated, moving video or scrolling elements;
b. Each message is displayed for at least 8 seconds;
c. Change of message shall occur simultaneously on the entire sign face;
d. Freezes the sign in one position if a malfunction occurs;
e. Automatically adjusts display brightness based on light conditions;
f. Brightness does not interfere with drivers’ vision; and
g. The sign can be turned off within 1 hour of a malfunction for traffic safety
4. The business owner’s letter states that the sign will be easier to read, increasing driver safety within the parking lot. The letter also states that the sign will not adversely affect public safety, and will follow the rules for message style, type and transition.
5. Since the proposal enhances the existing sign and is not located near a residential neighborhood, staff can support the request.
Recommendation
The resolution be approved.
Item 37
Resolution - S2112-0054 - Considering a Request for a Special Sign Permit to Allow a Double-Sided Digital Face on a Pole Sign - 750 West LBJ Freeway - Barnett Signs, Inc., Applicant - McDonald's, Owner.Administrative Comments
1. The applicant is seeking approval of a Special Sign Permit to allow a new 28 square foot digital sign cabinet on an existing pole sign with a digital face on each side.
2. The sign is located approximately 80 feet from the property line, as measured from the edge of the sign. The sign is 29 feet tall and has an existing primary sign face of 150 square feet and a secondary changeable sign face of approximately 28 square feet. The secondary sign will be replaced with the digital sign cabinet.
3. Chapter 7, Section 7-3.1 of the City of Irving Land Development Code states that the City Council can approve a Special Sign Permit for an on-premises electronic sign on any new or lawfully existing sign. Section 7-3 (6)(d) includes requirements for electronic signs, including the following:
a. No animated, moving video or scrolling elements;
b. Each message is displayed for at least 8 seconds;
c. Change of message shall occur simultaneously on the entire sign face;
d. Freezes the sign in one position if a malfunction occurs;
e. Automatically adjusts display brightness based on light conditions;
f. Brightness does not interfere with drivers’ vision; and
g. The sign can be turned off within 1 hour of a malfunction for traffic safety
4. The business owner’s letter states that the sign will be easier to read, increasing driver safety within the parking lot. The letter also states that the sign will not adversely affect public safety, and will follow the rules for message style, type and transition.
5. Since the proposal enhances the existing sign and is not located near a residential neighborhood, staff can support the request.
Recommendation
The resolution be approved.
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Item 38 - Resolution - S2201-0041 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs- Property Located at 9835 Valley Ranch Parkway - A&M Signs, Applicant - Camden Property Trust, Owner
Administrative Comments
1. The applicant is seeking approval of a sign variance to allow two new monument signs without the required brick, stone or similar materials encasing the metal cabinet. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign with interior lighting.
2. The property is located at 9835 Valley Ranch Parkway West. One sign is at the entrance on Cowboys Parkway, and the second sign is at the entrance on Valley Ranch Parkway West.
3. The proposed monument signs are 8’9” wide and 6’4” tall (approx. 55 square feet).
4. The signs will replace two existing metal monument signs of similar size. The existing signs are deteriorating, and the applicant would like to replace the signs
with an updated design and fresh landscaping. 5. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.”
6. The letter submitted with the application by the owner states that the proposed signs are similar to the existing signs but have an updated design that is consistent with their other properties. The letter also states that the proposed signs match the appearance of the interior signs placed within the property several years ago.
7. The signs will require approval by the Valley Ranch Association.
8. While the sign cabinet is not encased in brick or stone, it is essentially an updated version of the existing signs. Staff believes it meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Accordingly, staff can support this request.
Recommendation
The resolution be approved.
Item 38
Resolution - S2201-0041 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs- Property Located at 9835 Valley Ranch Parkway - A&M Signs, Applicant - Camden Property Trust, OwnerAdministrative Comments
1. The applicant is seeking approval of a sign variance to allow two new monument signs without the required brick, stone or similar materials encasing the metal cabinet. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign with interior lighting.
2. The property is located at 9835 Valley Ranch Parkway West. One sign is at the entrance on Cowboys Parkway, and the second sign is at the entrance on Valley Ranch Parkway West.
3. The proposed monument signs are 8’9” wide and 6’4” tall (approx. 55 square feet).
4. The signs will replace two existing metal monument signs of similar size. The existing signs are deteriorating, and the applicant would like to replace the signs
with an updated design and fresh landscaping. 5. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.”
6. The letter submitted with the application by the owner states that the proposed signs are similar to the existing signs but have an updated design that is consistent with their other properties. The letter also states that the proposed signs match the appearance of the interior signs placed within the property several years ago.
7. The signs will require approval by the Valley Ranch Association.
8. While the sign cabinet is not encased in brick or stone, it is essentially an updated version of the existing signs. Staff believes it meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Accordingly, staff can support this request.
Recommendation
The resolution be approved.
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Item 39 - Resolution - PL22-0003 - Considering a Final Plat for Linkside Addition - Approximately 9.669 Acres Located at 4400 North MacArthur Boulevard - Taylor Duncan Interests, LLC, Applicant - TDI Linkside, LLC, Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation – February 7, 2022 – Approve with conditions 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The property is currently unplatted. The purpose of this request is to obtain approval of a final plat for 75 lots residential lots and six (6) HOA lots. The six (6) HOA lots will be reserved for open space and dedicated to the Homeowner’s Association, and 75 lots will be developed with townhomes.
3. A Preliminary Plat for this site was approved in December 2020 (PL20-0031). This Final Plat substantially conforms with the Preliminary Plat.
4. Per Section 5.3.1(f) of the Unified Development Code (UDC), all lots shall abut a dedicated public street. However, per Section 5.4.10, the City Council may allow private streets to be constructed in accordance with the provisions of Chapter 5 of
UDC. 5. This plat dedicates the following:
a. A 50-foot wide private access and public utility easement that will serve as private streets for the development.
b. A 1-foot private sidewalk easement is dedicated on both sides of all 50-foot private streets.
c. A 10-foot wide public utility easement along all street frontages.
d. A 2-foot street and sidewalk easement adjacent to N. MacArthur Blvd.
e. A 10-foot wide privately maintained drainage easement along the rear of Lots 1-30, Block A; Lots 1-29, Block C; and Lots 1-13, Block D.
f. A variable width sanitary sewer and drainage easement on the southeast portion of Lot 2X-HOA, Block C.
g. A 50-foot private access easement on Lot 2X-HOA, Block A.
h. A 15-foot wide public drainage easement on the west property line of Lot 2X, Block C.
6. Staff can support this plat, and it complies with all other requirements of the City of Irving Unified Development Code.
Recommendation
The resolution be approved
Item 39
Resolution - PL22-0003 - Considering a Final Plat for Linkside Addition - Approximately 9.669 Acres Located at 4400 North MacArthur Boulevard - Taylor Duncan Interests, LLC, Applicant - TDI Linkside, LLC, OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation – February 7, 2022 – Approve with conditions 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The property is currently unplatted. The purpose of this request is to obtain approval of a final plat for 75 lots residential lots and six (6) HOA lots. The six (6) HOA lots will be reserved for open space and dedicated to the Homeowner’s Association, and 75 lots will be developed with townhomes.
3. A Preliminary Plat for this site was approved in December 2020 (PL20-0031). This Final Plat substantially conforms with the Preliminary Plat.
4. Per Section 5.3.1(f) of the Unified Development Code (UDC), all lots shall abut a dedicated public street. However, per Section 5.4.10, the City Council may allow private streets to be constructed in accordance with the provisions of Chapter 5 of
UDC. 5. This plat dedicates the following:
a. A 50-foot wide private access and public utility easement that will serve as private streets for the development.
b. A 1-foot private sidewalk easement is dedicated on both sides of all 50-foot private streets.
c. A 10-foot wide public utility easement along all street frontages.
d. A 2-foot street and sidewalk easement adjacent to N. MacArthur Blvd.
e. A 10-foot wide privately maintained drainage easement along the rear of Lots 1-30, Block A; Lots 1-29, Block C; and Lots 1-13, Block D.
f. A variable width sanitary sewer and drainage easement on the southeast portion of Lot 2X-HOA, Block C.
g. A 50-foot private access easement on Lot 2X-HOA, Block A.
h. A 15-foot wide public drainage easement on the west property line of Lot 2X, Block C.
6. Staff can support this plat, and it complies with all other requirements of the City of Irving Unified Development Code.
Recommendation
The resolution be approved
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Item 40 - Ordinance - ZC21-0062 - Considering a Zoning Change from R-6 "Single Family Residential" to S-P-2 (R-6) "Generalized Site Plan - Single Family Residential" - Approximately 0.32 Acres Located at 250 W. Holland Drive - Robert Fitzgerald, Applicant/Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: January 3, 2022 – Postpone to February 7, 2022. February 7, 2022 – Approval subject to lowering the eave of the garage one (1) foot, 6-0 (Commissioners Patel, Kliner and Prichard, absent). The stipulation of the Planning and Zoning Commission has been met.
2. The subject property is a 0.32-acre (13,939 square feet) lot that is currently developed with a single-family home, a detached accessory building, and a detached garage. The applicant is proposing to rezone for variances to
1) a detached garage to be less than 10 feet from another structure; 2) a garage door to be less than 25 feet from the property line; and 3) a detached accessory building in excess of 10 feet in height to be less than 8 feet from a property line. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Residential Neighborhood uses for this property. This land use category is described as predominantly single-family homes or duplexes with some mix of non-residential uses, particularly in-home businesses. The requested zoning is in conformance with the Comprehensive Plan.
4. In October 2021, a complaint was made to the City regarding the subject property regarding a detached garage structure that was being erected. Upon inspection by Code Enforcement, the property owner was issued a notice of violation and informed that they must cease construction and apply for a building permit.
The building measures 600 square feet in area (30’ x 20’) and is 13’4” in height to the peak of the roof. It is located in the rear yard adjacent to the main house and is to be used as a garage. The original garage built with the house has been converted to living space. While a permit was obtained for a new driveway in 2018, it does not appear that a building permit was issued for the garage conversion.
5. During the building permit review process, the applicant was informed that the new detached garage was too close to the main structure. Section 3.1.3 of the City’s Unified Development Code (UDC) requires detached garages to be a minimum of 10 feet from the main structure. The detached garage is approximately four (4) feet from the main structure, which is six (6) feet less than required.
It was also determined that the detached garage does not comply with Section 8.4.4 (a) (1) of the UDC that requires a garage door to be a minimum of 25 feet from the property line. The property is a corner lot and the garage will have access from the street adjacent to the west side of the lot. The garage door is only 20 feet from the property line, which is five (5) feet less than required. This does not allow for adequate stacking space without blocking the sidewalk. However, it appears to be the same distance from the property line as the existing garage that was converted.
6. In addition, staff discovered that another 288 sq. ft. accessory structure (being used as a shed) was also erected several years ago and is 4 feet from the rear property line and 1.5 feet from the side property line. While the minimum setback for an accessory structure from the side or rear property line is generally five (5) feet, Section 3.1.8 of the UDC requires that any accessory structure exceeding 10 feet in height must be set back an additional 1 foot for every 1 foot of height over 10 feet. The shed is 12’10” tall; therefore, the shed would be required to be eight (8) feet from both the rear and side property lines.
7. The variances are summarized below:
8. The owner maintains that since the original garage door was constructed with a setback of 20 feet, the setback should also apply to the new detached garage. The ordinance was amended in 1971 (Ordinance #2068) to require the 25-foot garage door setback; the subject property was constructed in 1954.
9. Given that no permits were obtained for the new detached garage, new shed and the garage conversion, and since the new garage and shed create unnecessary encroachments, staff cannot support this request. The construction of the garage has not been completed and it can be moved to comply with the distance from the main structure and the garage door setback. The shed appears that it can be moved to comply with the eight (8) foot setback for the side and rear property lines, although staff has not had an opportunity to inspect it.
10. A total of 17 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
Item 40
Ordinance - ZC21-0062 - Considering a Zoning Change from R-6 "Single Family Residential" to S-P-2 (R-6) "Generalized Site Plan - Single Family Residential" - Approximately 0.32 Acres Located at 250 W. Holland Drive - Robert Fitzgerald, Applicant/OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: January 3, 2022 – Postpone to February 7, 2022. February 7, 2022 – Approval subject to lowering the eave of the garage one (1) foot, 6-0 (Commissioners Patel, Kliner and Prichard, absent). The stipulation of the Planning and Zoning Commission has been met.
2. The subject property is a 0.32-acre (13,939 square feet) lot that is currently developed with a single-family home, a detached accessory building, and a detached garage. The applicant is proposing to rezone for variances to
1) a detached garage to be less than 10 feet from another structure; 2) a garage door to be less than 25 feet from the property line; and 3) a detached accessory building in excess of 10 feet in height to be less than 8 feet from a property line. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Residential Neighborhood uses for this property. This land use category is described as predominantly single-family homes or duplexes with some mix of non-residential uses, particularly in-home businesses. The requested zoning is in conformance with the Comprehensive Plan.
4. In October 2021, a complaint was made to the City regarding the subject property regarding a detached garage structure that was being erected. Upon inspection by Code Enforcement, the property owner was issued a notice of violation and informed that they must cease construction and apply for a building permit.
The building measures 600 square feet in area (30’ x 20’) and is 13’4” in height to the peak of the roof. It is located in the rear yard adjacent to the main house and is to be used as a garage. The original garage built with the house has been converted to living space. While a permit was obtained for a new driveway in 2018, it does not appear that a building permit was issued for the garage conversion.
5. During the building permit review process, the applicant was informed that the new detached garage was too close to the main structure. Section 3.1.3 of the City’s Unified Development Code (UDC) requires detached garages to be a minimum of 10 feet from the main structure. The detached garage is approximately four (4) feet from the main structure, which is six (6) feet less than required.
It was also determined that the detached garage does not comply with Section 8.4.4 (a) (1) of the UDC that requires a garage door to be a minimum of 25 feet from the property line. The property is a corner lot and the garage will have access from the street adjacent to the west side of the lot. The garage door is only 20 feet from the property line, which is five (5) feet less than required. This does not allow for adequate stacking space without blocking the sidewalk. However, it appears to be the same distance from the property line as the existing garage that was converted.
6. In addition, staff discovered that another 288 sq. ft. accessory structure (being used as a shed) was also erected several years ago and is 4 feet from the rear property line and 1.5 feet from the side property line. While the minimum setback for an accessory structure from the side or rear property line is generally five (5) feet, Section 3.1.8 of the UDC requires that any accessory structure exceeding 10 feet in height must be set back an additional 1 foot for every 1 foot of height over 10 feet. The shed is 12’10” tall; therefore, the shed would be required to be eight (8) feet from both the rear and side property lines.
7. The variances are summarized below:
8. The owner maintains that since the original garage door was constructed with a setback of 20 feet, the setback should also apply to the new detached garage. The ordinance was amended in 1971 (Ordinance #2068) to require the 25-foot garage door setback; the subject property was constructed in 1954.
9. Given that no permits were obtained for the new detached garage, new shed and the garage conversion, and since the new garage and shed create unnecessary encroachments, staff cannot support this request. The construction of the garage has not been completed and it can be moved to comply with the distance from the main structure and the garage door setback. The shed appears that it can be moved to comply with the eight (8) foot setback for the side and rear property lines, although staff has not had an opportunity to inspect it.
10. A total of 17 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
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Item 41 - Ordinance - CP22-0001 - Considering a Comprehensive Plan Amendment Changing the Recommended Future Land Use from "Business District" and "Commercial Corridor" to "Industrial" - Approximately 8.51 Acres Located at 2430 and 2450 Valley View Lane - MASWA, Ltd. and Whiddon Family Ltd., PS, Applicants/Owners
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner, and Prichard, absent).
2. This case is in conjunction with Zoning Case ZC21-0070, also on this agenda.
3. The applicant is seeking to amend the Comprehensive Plan Future Land Use Map
from “Business District” and “Commercial Corridor” to “Industrial” to facilitate a zoning change. 4. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District and Commercial Corridor uses. Business District is described as “a flexible use district for retail, office and commercial uses. It is also predominantly mid-rise with a mix of surface and structured parking”. Commercial Corridor is described as “auto-oriented district for retail, office and commercial uses” with “parking in front with buildings set back from the street” and “low- to mid-rise buildings”.
5. In conjunction with the related rezoning request (ZC21-0070) to allow for warehouse/light manufacturing uses, the applicant proposes Industrial uses for this property. This land use category is described as “Light to heavy industrial and manufacturing uses”.
6. The Future Land Use Map Interpretation Policies under Goal 1 of the Land Use + Urban Design Section of the 2017 Imagine Irving Comprehensive Plan requires that, if an area that is designated and/or developed as non-residential use desires to transition to a different non-residential use, the City of Irving should require the following:
a. If new construction, the development conforms to new use standards and concepts.
b. The area meets all compatibility standards for adjacent uses.
c. The rezoning does not cause any negative impacts on adjacent uses.
7. The applicant has provided a letter of justification for the requested amendment that states the proposed warehousing use meets all compatibility standards and conforms to new use standards of the requested ML-20 “Light Industrial” district since they are not requesting any variances, with the exception of a variance to the amount of surplus parking.
The applicant states that no negative impacts on neighboring property will result from this change in the Future Land Use.
8. The property is more than 300 feet from State Highway 161 and fronts Valley View Lane. Much of the existing activity along Valley View Lane, such as industrial and warehousing, is compatible to the proposed designation. As such, staff intends to examine this surrounding area in 2022 to review the most appropriate future land use designation for these and similar properties along the State Highway 161 corridor which been rezoned for warehouse and light manufacturing type uses.
9. Given all the factors listed above, staff can support this Comprehensive Plan amendment.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Item 41
Ordinance - CP22-0001 - Considering a Comprehensive Plan Amendment Changing the Recommended Future Land Use from "Business District" and "Commercial Corridor" to "Industrial" - Approximately 8.51 Acres Located at 2430 and 2450 Valley View Lane - MASWA, Ltd. and Whiddon Family Ltd., PS, Applicants/OwnersAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner, and Prichard, absent).
2. This case is in conjunction with Zoning Case ZC21-0070, also on this agenda.
3. The applicant is seeking to amend the Comprehensive Plan Future Land Use Map
from “Business District” and “Commercial Corridor” to “Industrial” to facilitate a zoning change. 4. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District and Commercial Corridor uses. Business District is described as “a flexible use district for retail, office and commercial uses. It is also predominantly mid-rise with a mix of surface and structured parking”. Commercial Corridor is described as “auto-oriented district for retail, office and commercial uses” with “parking in front with buildings set back from the street” and “low- to mid-rise buildings”.
5. In conjunction with the related rezoning request (ZC21-0070) to allow for warehouse/light manufacturing uses, the applicant proposes Industrial uses for this property. This land use category is described as “Light to heavy industrial and manufacturing uses”.
6. The Future Land Use Map Interpretation Policies under Goal 1 of the Land Use + Urban Design Section of the 2017 Imagine Irving Comprehensive Plan requires that, if an area that is designated and/or developed as non-residential use desires to transition to a different non-residential use, the City of Irving should require the following:
a. If new construction, the development conforms to new use standards and concepts.
b. The area meets all compatibility standards for adjacent uses.
c. The rezoning does not cause any negative impacts on adjacent uses.
7. The applicant has provided a letter of justification for the requested amendment that states the proposed warehousing use meets all compatibility standards and conforms to new use standards of the requested ML-20 “Light Industrial” district since they are not requesting any variances, with the exception of a variance to the amount of surplus parking.
The applicant states that no negative impacts on neighboring property will result from this change in the Future Land Use.
8. The property is more than 300 feet from State Highway 161 and fronts Valley View Lane. Much of the existing activity along Valley View Lane, such as industrial and warehousing, is compatible to the proposed designation. As such, staff intends to examine this surrounding area in 2022 to review the most appropriate future land use designation for these and similar properties along the State Highway 161 corridor which been rezoned for warehouse and light manufacturing type uses.
9. Given all the factors listed above, staff can support this Comprehensive Plan amendment.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
»
Item 42 - - ZC21-0070 - Considering a Zoning Change from C-C “Community Commercial”, S-P-2 (C-C) “Generalized Site Plan – Community Commercial” and Parking Lot, State Highway 183 Overlay District, and State Highway 161 Overlay District to S-P-2 (ML-20) “Generalized Site Plan – Light Industrial” and State Highway 161 Overlay District - Approximately 8.51 Acres Located at 2430 and 2450 Valley View Lane - MASWA, Ltd. and Whiddon Family Ltd., PS, Applicants/Owners
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is an 8.515-acre tract partially developed with a commercial parking lot. The applicant is requesting a zoning change to include the property within the SH 161 Overlay, rezone to a light industrial district to develop the property with warehouse and light manufacturing uses, and for a variance to excess parking.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District and Commercial Corridor uses. A companion Comprehensive Plan Amendment CP22-0001 on this agenda would amend the Future Land Use Map to recommend Industrial uses.
4. Site History:
a. The property was rezoned to C-C “Community Commercial” in 1984. In 1997, a portion was rezoned to S-P-2 for C-C including commercial parking lot. While the existing parking lot for park-and-fly uses was added in 1997, the northwest portion of the property has remained C-C and never been developed.
b. A large portion of this property is within Subdistrict A of the State Highway 183 Overlay District. The State Highway 183 Overlay District was created before the State Highway 161 Overlay District. The northwest corner of the subject property was included within the State Highway 161 Overlay District since it was not already within the State Highway 183 Overlay District. As a result, the proposed development is in two different overlay districts.
c. The primary difference between the two overlay districts is that the State Highway 183 Overlay District is more focused on landscaping, screening,
lighting, and buffering from residential uses. This is because there are a lot of single family neighborhoods adjacent to the commercial uses in the State Highway 183 corridor. Additionally, this section of the State Highway 183 Overlay District does not allow warehouse and industrial uses, while this section of the State Highway 161 Overlay District does allow such uses. d. No neighborhoods are near the subject property. Since the adjacent properties to the north and south are within the State Highway 161 Overlay District and since the proposed uses are consistent with those in the area, staff recommends that this entire property be incorporated into the State Highway 161 Overlay District for consistency.
5. The applicant is proposing to construct one building on the site with more than 20% surplus parking. The proposed building would be for warehouse and light manufacturing uses, which are not permitted in the C-C “Community Commercial” district. The State Highway 161 Overlay District only allows up to 20% of excess parking.
6. The applicant is proposing the following variances to the State Highway 161 Overlay District (Subdistrict 2A):
State Highway 161 Overlay Subdistrict 2A
Required
Proposed
Required Parking
May not exceed the minimum required parking by more than 20% (Sec. 2.3.3 (d)(2))
Allow 52% excess (48 spaces) over the required within the State Highway 161 Overlay District
7. Future development will comply with all other zoning, parking, and landscaping regulations, as well as all other City of Irving ordinances.
8. Distribution warehouses have become a prominent use between State Highway 161 and DFW Airport and have been approved in other areas of the State Highway 161 Overlay District. Allowing the change from the 183 Overlay to the 161 Overlay and a light industrial base district will continue to support this type of development. Allowing excess parking alleviates the need for additional variances for parking if the tenant mix for the building changes (for example if more office uses are included). Furthermore, this property is not fronting State Highway 161 directly and has previously been used exclusively as a parking lot.
9. Since the change in the overlay district is consistent with the adjacent properties and the only variance being requested to the State Highway 161 Overlay District is for the excess parking, staff can support this request.
10. A total of 17 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Item 42
- ZC21-0070 - Considering a Zoning Change from C-C “Community Commercial”, S-P-2 (C-C) “Generalized Site Plan – Community Commercial” and Parking Lot, State Highway 183 Overlay District, and State Highway 161 Overlay District to S-P-2 (ML-20) “Generalized Site Plan – Light Industrial” and State Highway 161 Overlay District - Approximately 8.51 Acres Located at 2430 and 2450 Valley View Lane - MASWA, Ltd. and Whiddon Family Ltd., PS, Applicants/OwnersAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is an 8.515-acre tract partially developed with a commercial parking lot. The applicant is requesting a zoning change to include the property within the SH 161 Overlay, rezone to a light industrial district to develop the property with warehouse and light manufacturing uses, and for a variance to excess parking.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District and Commercial Corridor uses. A companion Comprehensive Plan Amendment CP22-0001 on this agenda would amend the Future Land Use Map to recommend Industrial uses.
4. Site History:
a. The property was rezoned to C-C “Community Commercial” in 1984. In 1997, a portion was rezoned to S-P-2 for C-C including commercial parking lot. While the existing parking lot for park-and-fly uses was added in 1997, the northwest portion of the property has remained C-C and never been developed.
b. A large portion of this property is within Subdistrict A of the State Highway 183 Overlay District. The State Highway 183 Overlay District was created before the State Highway 161 Overlay District. The northwest corner of the subject property was included within the State Highway 161 Overlay District since it was not already within the State Highway 183 Overlay District. As a result, the proposed development is in two different overlay districts.
c. The primary difference between the two overlay districts is that the State Highway 183 Overlay District is more focused on landscaping, screening,
lighting, and buffering from residential uses. This is because there are a lot of single family neighborhoods adjacent to the commercial uses in the State Highway 183 corridor. Additionally, this section of the State Highway 183 Overlay District does not allow warehouse and industrial uses, while this section of the State Highway 161 Overlay District does allow such uses. d. No neighborhoods are near the subject property. Since the adjacent properties to the north and south are within the State Highway 161 Overlay District and since the proposed uses are consistent with those in the area, staff recommends that this entire property be incorporated into the State Highway 161 Overlay District for consistency.
5. The applicant is proposing to construct one building on the site with more than 20% surplus parking. The proposed building would be for warehouse and light manufacturing uses, which are not permitted in the C-C “Community Commercial” district. The State Highway 161 Overlay District only allows up to 20% of excess parking.
6. The applicant is proposing the following variances to the State Highway 161 Overlay District (Subdistrict 2A):
State Highway 161 Overlay Subdistrict 2A
Required
Proposed
Required Parking
May not exceed the minimum required parking by more than 20% (Sec. 2.3.3 (d)(2))
Allow 52% excess (48 spaces) over the required within the State Highway 161 Overlay District
7. Future development will comply with all other zoning, parking, and landscaping regulations, as well as all other City of Irving ordinances.
8. Distribution warehouses have become a prominent use between State Highway 161 and DFW Airport and have been approved in other areas of the State Highway 161 Overlay District. Allowing the change from the 183 Overlay to the 161 Overlay and a light industrial base district will continue to support this type of development. Allowing excess parking alleviates the need for additional variances for parking if the tenant mix for the building changes (for example if more office uses are included). Furthermore, this property is not fronting State Highway 161 directly and has previously been used exclusively as a parking lot.
9. Since the change in the overlay district is consistent with the adjacent properties and the only variance being requested to the State Highway 161 Overlay District is for the excess parking, staff can support this request.
10. A total of 17 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
»
Item 43 - Ordinance - ZC21-0077 - Considering a Zoning Change from C-N "Neighborhood Commercial" to S-P-2 (R-6) "Generalized Site Plan - Single Family Residential" - Approximately 0.654 Acres Located at 902 N. Britain Road - Guido Homes, Applicant. Guido DFW Estate Investments, LLC, Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 4-2 (Commissioners Cronenwett and Burns, nay; Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 0.654-acre vacant lot. The applicant is requesting a zoning change to allow the development of four single-family homes with a variance to the minimum lot width required for a corner lot.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Compact Neighborhood uses for this property. This land use category is described as predominantly single-family homes with a diverse mix of building types including small lot cottage homes, clustered courtyard homes, townhouses, rowhouses, and small-scale apartment buildings. Some mix of non-residential uses, especially at intersections and commercial corners. The requested zoning is in conformance with the Comprehensive Plan.
4. The lot previously was occupied by a single-family home before it was demolished in 2013. The property was zoned C-N “Neighborhood Commercial” in July 1989 as part of an area-wide rezoning. This zoning category allows for a variety of commercial uses that are less intense and are thus more suitable for nearby residential.
5. The property is at an intersection that is primarily non-residential. A school is located to the west, multifamily uses are located to the south, and a large auto repair center is located to the southwest. Churches occupy the land to the north, which is zoned for non-residential uses. Adjacent to the east side of the property is vacant land zoned for Commercial Office uses.
6. All lots other than the proposed corner lot meet or exceed all the requirements of the R-6 district, including lot width, lot depth and lot area. Section 5.3.5 of the UDC requires the minimum lot width for a corner lot to be at least 75 feet wide. The following variance is being requested:
7. The comprehensive plan notes the future land use for this property as “Compact Neighborhood”. This land use allows a diverse mix of residential as well as non-residential uses, especially at intersections and commercial corners.
8. While the future land use designation is technically compatible with the proposed residential development, there is currently no other single-family residential use adjacent to this property or at this intersection. Accordingly, as staff would prefer for this property to remain a commercial corner in order to serve the surrounding neighborhood by keeping its current zoning, it cannot support this rezoning request.
9. A total of 13 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
Item 43
Ordinance - ZC21-0077 - Considering a Zoning Change from C-N "Neighborhood Commercial" to S-P-2 (R-6) "Generalized Site Plan - Single Family Residential" - Approximately 0.654 Acres Located at 902 N. Britain Road - Guido Homes, Applicant. Guido DFW Estate Investments, LLC, OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 4-2 (Commissioners Cronenwett and Burns, nay; Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 0.654-acre vacant lot. The applicant is requesting a zoning change to allow the development of four single-family homes with a variance to the minimum lot width required for a corner lot.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Compact Neighborhood uses for this property. This land use category is described as predominantly single-family homes with a diverse mix of building types including small lot cottage homes, clustered courtyard homes, townhouses, rowhouses, and small-scale apartment buildings. Some mix of non-residential uses, especially at intersections and commercial corners. The requested zoning is in conformance with the Comprehensive Plan.
4. The lot previously was occupied by a single-family home before it was demolished in 2013. The property was zoned C-N “Neighborhood Commercial” in July 1989 as part of an area-wide rezoning. This zoning category allows for a variety of commercial uses that are less intense and are thus more suitable for nearby residential.
5. The property is at an intersection that is primarily non-residential. A school is located to the west, multifamily uses are located to the south, and a large auto repair center is located to the southwest. Churches occupy the land to the north, which is zoned for non-residential uses. Adjacent to the east side of the property is vacant land zoned for Commercial Office uses.
6. All lots other than the proposed corner lot meet or exceed all the requirements of the R-6 district, including lot width, lot depth and lot area. Section 5.3.5 of the UDC requires the minimum lot width for a corner lot to be at least 75 feet wide. The following variance is being requested:
7. The comprehensive plan notes the future land use for this property as “Compact Neighborhood”. This land use allows a diverse mix of residential as well as non-residential uses, especially at intersections and commercial corners.
8. While the future land use designation is technically compatible with the proposed residential development, there is currently no other single-family residential use adjacent to this property or at this intersection. Accordingly, as staff would prefer for this property to remain a commercial corner in order to serve the surrounding neighborhood by keeping its current zoning, it cannot support this rezoning request.
9. A total of 13 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
»
Item 44 - Ordinance - ZC21-0078 - Considering a Zoning Change from C-W “Commercial Warehouse”, S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” Including Food Processing, and S-P-1 (C-W) “Detailed Site Plan – Commercial Warehouse” for Manufacturing Plant and Food Processing to S-P-2 (ML-20) "Generalized Site Plan - Light Industrial" - Approximately 11.335 Acres Located at 3300 Century Circle - McCormick & Company, Inc., Applicant/Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner, and Prichard, absent).
2. The subject property is a an 11.335-acre tract developed with the McCormick spice manufacturing plant and related warehouses. The applicant is requesting a zoning change to allow manufacturing and warehouse uses with exceptions to the setbacks and parking in order for the property to be under one zoning district and regulations.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. It is also predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan.
4. Site History:
a. The purpose of this zoning case is to bring multiple properties assembled by the applicant into one consistent zoning district. After its start in 1976, the McCormick Company grew and purchased adjacent properties for food manufacturing and warehousing. Some rezoning cases and variances were necessary, which resulted in a variety of zoning districts.
b. Today, the site consists of three (3) lots with three (3) different zoning categories. One tract is zoned for C-W “Commercial Warehouse” uses and the other two (2) tracts have site plans for ML-20 “Light Industrial” zoning, resulting in inconsistent regulations.
5. This request was initiated by the need to amend the zoning site plan to add an on-site wastewater treatment facility. The on-site facility will allow wastewater from the manufacturing process to be more adequately treated, e.g. pretreated, before it is released into the City’s wastewater lines. The Water Department is in favor of this addition.
6. All three (3) parcels will be included and consolidated into one generalized site plan for the entire site, including variances from the old site plans. The applicant is also planning to replat the property into a single lot. Some of the variances being requested will allow the replat to occur without creating encroachments.
7. The applicant is proposing the following variances to the required parking requirements:
Parking Category
Required
Proposed
Variance
Manufacturing: 1 space/600 s.f.
172 spaces
108 spaces
-64 spaces (-37%)
Warehouse: 1 space/1,000 s.f.
51 spaces
33 spaces
-18 spaces (-35%)
Total
223 spaces
141 spaces
-82 spaces (-37%)
8. Staff researched parking requirements for the Warehouse/Distribution and Manufacturing categories in two adjacent cities. While the applicant would still have a parking deficiency under the City of Grand Prairie’s regulations, they would have a surplus of 17 spaces in the City of Arlington if they constructed the 108 parking spaces, as shown in the table below:
City
Parking category
Required
Proposed
Variance
Arlington
Manufacturing
>10K sf = 0.8 space/1000 sf
Warehouse
>10K sf = 0.8 space/1000 sf
83 spaces
41 spaces
108 spaces
33 spaces
None (excess of 25 spaces)
8 spaces
TOTAL
124 spaces
141 spaces
+17 spaces
Grand Prairie
Manufacturing
1 space/600 sf
Warehouse
>25K sf = 20 + 1/5000 sf
171 spaces
31 (20 + 11) spaces
108 spaces
33 spaces
63 spaces
None (excess of 2 spaces)
TOTAL
202 spaces
141 spaces
-63 spaces
Additionally, there is no new construction associated with this request, other than the new water treatment facility.
9. The applicant is proposing the following variances to the required setbacks and distance between buildings for ML-20:
Required
Proposed
Min. Side Yard Setback
15 feet
10 feet
Min. Rear Yard Setback
30 feet
5 feet
Min. Front Yard Setback
30 feet
20-30 feet (15 feet only in the area with the canopy)
Min. Distance Between Detached Buildings
30 feet
11 feet
Again, the variances reflect the buildings as they exist today, and do not reflect any new variances for new construction.
10. The buildings on each site were constructed almost a half a century ago and the site plan zoning cases on each parcel were approved acknowledging existing building placement and encroachments at that time. Since the site has been functioning in its current configuration for many years without any noted parking violations, staff can support this request.
11. A total of 25 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Item 44
Ordinance - ZC21-0078 - Considering a Zoning Change from C-W “Commercial Warehouse”, S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” Including Food Processing, and S-P-1 (C-W) “Detailed Site Plan – Commercial Warehouse” for Manufacturing Plant and Food Processing to S-P-2 (ML-20) "Generalized Site Plan - Light Industrial" - Approximately 11.335 Acres Located at 3300 Century Circle - McCormick & Company, Inc., Applicant/OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner, and Prichard, absent).
2. The subject property is a an 11.335-acre tract developed with the McCormick spice manufacturing plant and related warehouses. The applicant is requesting a zoning change to allow manufacturing and warehouse uses with exceptions to the setbacks and parking in order for the property to be under one zoning district and regulations.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. It is also predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan.
4. Site History:
a. The purpose of this zoning case is to bring multiple properties assembled by the applicant into one consistent zoning district. After its start in 1976, the McCormick Company grew and purchased adjacent properties for food manufacturing and warehousing. Some rezoning cases and variances were necessary, which resulted in a variety of zoning districts.
b. Today, the site consists of three (3) lots with three (3) different zoning categories. One tract is zoned for C-W “Commercial Warehouse” uses and the other two (2) tracts have site plans for ML-20 “Light Industrial” zoning, resulting in inconsistent regulations.
5. This request was initiated by the need to amend the zoning site plan to add an on-site wastewater treatment facility. The on-site facility will allow wastewater from the manufacturing process to be more adequately treated, e.g. pretreated, before it is released into the City’s wastewater lines. The Water Department is in favor of this addition.
6. All three (3) parcels will be included and consolidated into one generalized site plan for the entire site, including variances from the old site plans. The applicant is also planning to replat the property into a single lot. Some of the variances being requested will allow the replat to occur without creating encroachments.
7. The applicant is proposing the following variances to the required parking requirements:
Parking Category
Required
Proposed
Variance
Manufacturing: 1 space/600 s.f.
172 spaces
108 spaces
-64 spaces (-37%)
Warehouse: 1 space/1,000 s.f.
51 spaces
33 spaces
-18 spaces (-35%)
Total
223 spaces
141 spaces
-82 spaces (-37%)
8. Staff researched parking requirements for the Warehouse/Distribution and Manufacturing categories in two adjacent cities. While the applicant would still have a parking deficiency under the City of Grand Prairie’s regulations, they would have a surplus of 17 spaces in the City of Arlington if they constructed the 108 parking spaces, as shown in the table below:
City
Parking category
Required
Proposed
Variance
Arlington
Manufacturing
>10K sf = 0.8 space/1000 sf
Warehouse
>10K sf = 0.8 space/1000 sf
83 spaces
41 spaces
108 spaces
33 spaces
None (excess of 25 spaces)
8 spaces
TOTAL
124 spaces
141 spaces
+17 spaces
Grand Prairie
Manufacturing
1 space/600 sf
Warehouse
>25K sf = 20 + 1/5000 sf
171 spaces
31 (20 + 11) spaces
108 spaces
33 spaces
63 spaces
None (excess of 2 spaces)
TOTAL
202 spaces
141 spaces
-63 spaces
Additionally, there is no new construction associated with this request, other than the new water treatment facility.
9. The applicant is proposing the following variances to the required setbacks and distance between buildings for ML-20:
Required
Proposed
Min. Side Yard Setback
15 feet
10 feet
Min. Rear Yard Setback
30 feet
5 feet
Min. Front Yard Setback
30 feet
20-30 feet (15 feet only in the area with the canopy)
Min. Distance Between Detached Buildings
30 feet
11 feet
Again, the variances reflect the buildings as they exist today, and do not reflect any new variances for new construction.
10. The buildings on each site were constructed almost a half a century ago and the site plan zoning cases on each parcel were approved acknowledging existing building placement and encroachments at that time. Since the site has been functioning in its current configuration for many years without any noted parking violations, staff can support this request.
11. A total of 25 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
»
Item 45 - Ordinance - ZC21-0079 - Considering a Zoning Change from C-OU-2 "Commercial Outdoor 2" and State Highway 183 Overlay District to S-P-2 (C-OU-2) "Generalized Site Plan - Commercial Outdoor 2" and State Highway 183 Overlay District - Approximately 5.6 Acres Located at 1015 W. Airport Freeway, Suite 101 - Autos of Dallas, Applicant; Fisher Investments, Inc., Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 5.6-acre tract developed with two existing single-story metal structures that were the “used automobile” portion and one existing single-story stucco building used for car rental as components to the existing “new automobile” Westway Ford complex to the east. The applicant is requesting a zoning change to allow used automobile sales as a primary use, without new car sales.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as auto-oriented district for retail, office and commercial uses with parking in front with buildings set back from the street and low to mid-rise buildings. The request is in conformance with the Comprehensive Plan.
4. The property owner is proposing to lease with the possibility of selling the property in the future to the applicant for used car sales. The applicant is an independent operator. All the requirements of the Commercial Outdoor District will be met.
5. The following uses and variances are proposed:
Required
Proposed Site Plan
Use Allowed
Used auto sales permitted only in conjunction with new auto sales franchise (Section 2.3.4 (i)(4)a.2)
Used automobile sales (independent from a new auto sales franchise)
6. The three buildings on the property comprise a combined total of 36,902 square feet. Display parking spaces for storage of cars for sales are in front of the large building along both State Highway 183 and on the west side along MacArthur Blvd. Surrounding uses include retail and restaurants to the west, apartments to the north, and a new auto dealer to the east that is unrelated to the applicant’s proposed auto dealership.
7. The applicant is proposing to install 5 new trees with 81 screening shrubs along N. MacArthur Boulevard, 6 new trees with 61 screening shrubs along the State Highway 183 frontage, and 7 new parking lot trees to enhance the site. The proposed landscaping will meet the minimum requirements of the State Highway 183 Overlay District.
8. A total of 93 parking spaces are provided, separate from the 105 display spaces. Parking spaces cannot be used for outside display. Section 4.4.3 of the Unified Development Code requires automobile sales and service garages to have 1 space per 400 square feet. With the 93 parking spaces, the site plan meets the parking requirement.
9. The property is currently unplatted and will need to be platted if any structural changes are made to the property in the future.
10. The proposed site plan makes used auto sales the principal use on the property. Approval of small used car dealerships in the corridor does not follow the intent of the overlay district to limit such uses. While this is a 5.6-acre site that has previously been used for pre-owned autos, the use was accessory to and in association with a new car dealership, as required by the 183 Overlay. Additionally, the applicant is providing only the minimum required new landscaping, and there are no similar used auto sales lots adjacent to the property. Accordingly, staff cannot support this request.
11. A total of 14 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
Item 45
Ordinance - ZC21-0079 - Considering a Zoning Change from C-OU-2 "Commercial Outdoor 2" and State Highway 183 Overlay District to S-P-2 (C-OU-2) "Generalized Site Plan - Commercial Outdoor 2" and State Highway 183 Overlay District - Approximately 5.6 Acres Located at 1015 W. Airport Freeway, Suite 101 - Autos of Dallas, Applicant; Fisher Investments, Inc., OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 5.6-acre tract developed with two existing single-story metal structures that were the “used automobile” portion and one existing single-story stucco building used for car rental as components to the existing “new automobile” Westway Ford complex to the east. The applicant is requesting a zoning change to allow used automobile sales as a primary use, without new car sales.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as auto-oriented district for retail, office and commercial uses with parking in front with buildings set back from the street and low to mid-rise buildings. The request is in conformance with the Comprehensive Plan.
4. The property owner is proposing to lease with the possibility of selling the property in the future to the applicant for used car sales. The applicant is an independent operator. All the requirements of the Commercial Outdoor District will be met.
5. The following uses and variances are proposed:
Required
Proposed Site Plan
Use Allowed
Used auto sales permitted only in conjunction with new auto sales franchise (Section 2.3.4 (i)(4)a.2)
Used automobile sales (independent from a new auto sales franchise)
6. The three buildings on the property comprise a combined total of 36,902 square feet. Display parking spaces for storage of cars for sales are in front of the large building along both State Highway 183 and on the west side along MacArthur Blvd. Surrounding uses include retail and restaurants to the west, apartments to the north, and a new auto dealer to the east that is unrelated to the applicant’s proposed auto dealership.
7. The applicant is proposing to install 5 new trees with 81 screening shrubs along N. MacArthur Boulevard, 6 new trees with 61 screening shrubs along the State Highway 183 frontage, and 7 new parking lot trees to enhance the site. The proposed landscaping will meet the minimum requirements of the State Highway 183 Overlay District.
8. A total of 93 parking spaces are provided, separate from the 105 display spaces. Parking spaces cannot be used for outside display. Section 4.4.3 of the Unified Development Code requires automobile sales and service garages to have 1 space per 400 square feet. With the 93 parking spaces, the site plan meets the parking requirement.
9. The property is currently unplatted and will need to be platted if any structural changes are made to the property in the future.
10. The proposed site plan makes used auto sales the principal use on the property. Approval of small used car dealerships in the corridor does not follow the intent of the overlay district to limit such uses. While this is a 5.6-acre site that has previously been used for pre-owned autos, the use was accessory to and in association with a new car dealership, as required by the 183 Overlay. Additionally, the applicant is providing only the minimum required new landscaping, and there are no similar used auto sales lots adjacent to the property. Accordingly, staff cannot support this request.
11. A total of 14 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be denied.
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Item 46 - Ordinance - ZC21-0081 - Considering a Zoning Change from C-C “Community Commercial” and S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption” and State Highway 183 Overlay District to S-P-1 (C-C) “Detailed Site Plan – Community Commercial” and State Highway 183 Overlay District - Approximately 1.49 Acres Located at 2845 W. Airport Freeway - Smith Holdings, Applicant; JMR Properties, Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard,
absent). 2. The subject property is a 1.49-acre vacant. The applicant is requesting a zoning change to allow for retail uses and motorcycle sales and service including outdoor display.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as an auto-oriented district for retail, office, and commercial uses with parking in front with buildings set back from the street and low to midrise buildings. The requested zoning is in conformance with the Comprehensive Plan.
4. The lot was previously occupied by a restaurant that was demolished in 2011 and is currently under two separate zoning districts. The northern portion is zoned C-C “Community Commercial”, and the southern portion is zoned S-P-1 (R-AB) “Detailed Site Plan - Restaurant with the Attendant Accessory use of the Sale of Alcoholic Beverages for On Premises Consumption”. Additionally, the property is under Subdistrict C of the State Highway 183 Overlay District.
5. The proposed use of indoor motorcycle sales and service is allowed under the C-C zoning district and State Highway 183 Overlay District. However, per UDC Chapter 3.18.3, all retail sales are to be inside an enclosed building, and merchandise intended as outdoor display is limited to being within five (5) feet of the building and is to be brought inside every night.
6. The applicant is requesting a variance to allow outdoor display beyond 5 feet of the building. The site plan includes an outdoor display area encircling the building. No items will be left outside overnight, so there is no “outside storage” associated with this case.
7. All other development will comply with the State Highway 183 Overlay District.
8. Since all items will be brought inside at night and there is no “outside storage”, staff can support this request.
9. A total of nine (9) public notices were mailed. Staff has received one (1) response in support and none in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Item 46
Ordinance - ZC21-0081 - Considering a Zoning Change from C-C “Community Commercial” and S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption” and State Highway 183 Overlay District to S-P-1 (C-C) “Detailed Site Plan – Community Commercial” and State Highway 183 Overlay District - Approximately 1.49 Acres Located at 2845 W. Airport Freeway - Smith Holdings, Applicant; JMR Properties, OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard,
absent). 2. The subject property is a 1.49-acre vacant. The applicant is requesting a zoning change to allow for retail uses and motorcycle sales and service including outdoor display.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as an auto-oriented district for retail, office, and commercial uses with parking in front with buildings set back from the street and low to midrise buildings. The requested zoning is in conformance with the Comprehensive Plan.
4. The lot was previously occupied by a restaurant that was demolished in 2011 and is currently under two separate zoning districts. The northern portion is zoned C-C “Community Commercial”, and the southern portion is zoned S-P-1 (R-AB) “Detailed Site Plan - Restaurant with the Attendant Accessory use of the Sale of Alcoholic Beverages for On Premises Consumption”. Additionally, the property is under Subdistrict C of the State Highway 183 Overlay District.
5. The proposed use of indoor motorcycle sales and service is allowed under the C-C zoning district and State Highway 183 Overlay District. However, per UDC Chapter 3.18.3, all retail sales are to be inside an enclosed building, and merchandise intended as outdoor display is limited to being within five (5) feet of the building and is to be brought inside every night.
6. The applicant is requesting a variance to allow outdoor display beyond 5 feet of the building. The site plan includes an outdoor display area encircling the building. No items will be left outside overnight, so there is no “outside storage” associated with this case.
7. All other development will comply with the State Highway 183 Overlay District.
8. Since all items will be brought inside at night and there is no “outside storage”, staff can support this request.
9. A total of nine (9) public notices were mailed. Staff has received one (1) response in support and none in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
»
Item 47 - - ZC21-0082 - Considering a Zoning Change from C-C "Community Commercial" and S-P-2 (C-C) "Generalized Site Plan - Community Commercial" to S-P-1 (C-C) "Detailed Site Plan – Community Commercial" and Automated Car Wash - Approximately 1.504 Acres Located at 1701 North Belt Line Road - MA Engineering & Construction, Applicant; Ochoa Corral Realty, LLC, Owner
Administrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 1.504-acre tract with a former restaurant on the north portion of the site and a parking lot on the remainder of the site. The applicant is proposing to demolish the existing vacant restaurant building and redevelop the site with an automated car wash with exceptions to the side setback on the north side.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Neighborhood Commercial uses for this property. This land use category is described as mixed-use commercial areas along major corridors with opportunities for residential and commercial infill and reinvestment. The requested zoning is in conformance with the Comprehensive Plan.
4. The site is currently divided by two different zoning categories. The northern portion of the site is zoned C-C “Community Commercial.” The southern portion of the site is zoned S-P-2 (C-C) “Generalized Site Plan for Community Commercial with Miniature Golf & Outdoor Amusements.”
5. Since car washes are not a permitted use in the C-C district, the applicant is requesting C-C zoning with a site plan to add the use of a car wash in order to retain the base C-C district, consistent with the zoning of the area.
6. The site plan proposes a two-lane automated car wash building that is approximately 150 feet long. The building will have a customer lounge area and outdoor seating. An accessory “payment canopy” that can accommodate three (3) cars will be on the north side of the car wash, for which the setback variance is necessary. An “escape lane” from this area is provided in case a customer decides not to proceed to the car wash. The facility will also provide 25 vacuum stalls between the building and N. Belt Line Rd. Ten (10) of the vacuum stalls are proposed to be covered by a shade canopy. A striped area at the south end of the site will serve as a post wash, hand dry area.
7. The site will have one access point to N. Belt Line Road. A 24-foot lane in front of the building will allow for 2-way traffic circulation and will provided a fire lane as required on the construction plans. There are also 2 private access and fire lane easements that will provide access to the property to the west. An existing access drive that connects to the lot to the south will also remain.
8. The applicant is proposing the following variance to the required setback for C-C:
Setbacks
Required
Proposed
Minimum Side Yard Setback:
Section 2.5.7 (d)(3) of the UDC
“None, where no windows or other openings for light face the side yard or side lot line. In all other cases, one of the following, whichever is least: 5 feet plus the building height at that point; or one-half the length of the side of the building at that point”.
28.17 feet
12 feet (due to payment canopy structure)
9. The main building meets all setback requirements; however, the “payment canopy” does not. Since this is an open structure and will meet all building and fire codes, staff can support this variance.
10. The retail area around the site has been experiencing some economic distress in recent years, as evidenced by the restaurant that went out of business and other large shopping centers nearby that remain largely vacant. While a car wash is not specifically permitted in the C-C district, the proposed site plan adequately addresses circulation and safety issues. The business could provide a service that will benefit nearby residents and, possibly, contribute to the revitalization of the area. Therefore, staff can support this request.
11. A total of 18 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Adjournment
Item 47
- ZC21-0082 - Considering a Zoning Change from C-C "Community Commercial" and S-P-2 (C-C) "Generalized Site Plan - Community Commercial" to S-P-1 (C-C) "Detailed Site Plan – Community Commercial" and Automated Car Wash - Approximately 1.504 Acres Located at 1701 North Belt Line Road - MA Engineering & Construction, Applicant; Ochoa Corral Realty, LLC, OwnerAdministrative Comments
1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 (Commissioners Patel, Kliner and Prichard, absent).
2. The subject property is a 1.504-acre tract with a former restaurant on the north portion of the site and a parking lot on the remainder of the site. The applicant is proposing to demolish the existing vacant restaurant building and redevelop the site with an automated car wash with exceptions to the side setback on the north side.
3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Neighborhood Commercial uses for this property. This land use category is described as mixed-use commercial areas along major corridors with opportunities for residential and commercial infill and reinvestment. The requested zoning is in conformance with the Comprehensive Plan.
4. The site is currently divided by two different zoning categories. The northern portion of the site is zoned C-C “Community Commercial.” The southern portion of the site is zoned S-P-2 (C-C) “Generalized Site Plan for Community Commercial with Miniature Golf & Outdoor Amusements.”
5. Since car washes are not a permitted use in the C-C district, the applicant is requesting C-C zoning with a site plan to add the use of a car wash in order to retain the base C-C district, consistent with the zoning of the area.
6. The site plan proposes a two-lane automated car wash building that is approximately 150 feet long. The building will have a customer lounge area and outdoor seating. An accessory “payment canopy” that can accommodate three (3) cars will be on the north side of the car wash, for which the setback variance is necessary. An “escape lane” from this area is provided in case a customer decides not to proceed to the car wash. The facility will also provide 25 vacuum stalls between the building and N. Belt Line Rd. Ten (10) of the vacuum stalls are proposed to be covered by a shade canopy. A striped area at the south end of the site will serve as a post wash, hand dry area.
7. The site will have one access point to N. Belt Line Road. A 24-foot lane in front of the building will allow for 2-way traffic circulation and will provided a fire lane as required on the construction plans. There are also 2 private access and fire lane easements that will provide access to the property to the west. An existing access drive that connects to the lot to the south will also remain.
8. The applicant is proposing the following variance to the required setback for C-C:
Setbacks
Required
Proposed
Minimum Side Yard Setback:
Section 2.5.7 (d)(3) of the UDC
“None, where no windows or other openings for light face the side yard or side lot line. In all other cases, one of the following, whichever is least: 5 feet plus the building height at that point; or one-half the length of the side of the building at that point”.
28.17 feet
12 feet (due to payment canopy structure)
9. The main building meets all setback requirements; however, the “payment canopy” does not. Since this is an open structure and will meet all building and fire codes, staff can support this variance.
10. The retail area around the site has been experiencing some economic distress in recent years, as evidenced by the restaurant that went out of business and other large shopping centers nearby that remain largely vacant. While a car wash is not specifically permitted in the C-C district, the proposed site plan adequately addresses circulation and safety issues. The business could provide a service that will benefit nearby residents and, possibly, contribute to the revitalization of the area. Therefore, staff can support this request.
11. A total of 18 public notices were mailed. Staff has not received any responses in support of or in opposition to this request.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Adjournment
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