IrvingCC Agenda 2010-09-23

8/8/2019 IrvingCC Agenda 2010-09-23

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City Council Agenda 09/23/2010 2

CITY COUNCIL AGENDA

1 Ordinance -- Public Hearing & Adoption of the 2010-11 City of Irving FiscalYear Budget

Administrative Comments

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

2. Impact: The 2010-11 budget has been prepared pursuant to discussion withCouncil and submitted for adoption.

3. Public Hearings were held on May 27, June 10, June 24, September 9, and on thisdate to allow for citizen input.

4. Public Input on the 2010-11 budget should be taken under advisement.

Recommendation

The ordinance be adopted.

2 Ordinance -- Setting the 2010 Tax Rate and Levying the Tax as Required bythe State of Texas Property Tax Code



2. Impact: The adoption of this tax rate represents the same or a reduction in taxespaid by Irving property owners, while assuring that a high level of services are

maintained.

3. The Texas Property Tax Code requires adoption of the tax rate in its twocomponents, operations & maintenance and debt service. An ordinance has beenprepared reflecting the following rates for adoption by City Council:

General Fund O&M .4152

Debt Service .1609

Total .5761

RecommendationThe ordinance be adopted.


3/22


3 Ordinance -- Adopting the 2010 City of Irving Tax Roll as Required by theState of Texas Property Tax Code



2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on eachproperty becomes the Citys Tax Roll for collection of this years taxes.

3. The Tax Assessor has calculated and determined the tax imposed on each piece ofproperty included on the appraisal roll for the City of Irving pursuant to Section26.09 of the Texas Property Tax Code and has submitted it to the City Council forapproval.

Recommendation


4 City Operations Update

CONSENT AGENDA

5. Approving minutes for the Wednesday, September 08, 2010 work session.

6. Approving minutes for the Thursday, September 09, 2010 regular session.

7 Resolution -- Approving a Records Control Schedule for Animal ServicesDocuments



2. Impact: Creation of an Animal Services control schedule, to be approved by theCouncil, identifies the retention and disposition of records created and received byAnimal Services.

3. This schedule follows the Texas State Library and Archives Commissionrequirements for retention with some exceptions where information is maintainedlonger than required by law.

Recommendation

The resolution be approved.


4/22


8 Resolution -- Approving Amendment No. 3 to the Household HazardousWaste Interlocal Agreement Between the City of Irving and Dallas Countyto Provide a Program in Which Residents Can Properly Dispose ofHousehold Chemicals


1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.

2. Impact: This contract provides an environmentally sound method to dispose ofhousehold hazardous wastes such as pesticides, fertilizers, etc., thus ensuring theproper disposition of these materials.

3. The City of Irving has served as a member of the Dallas County HouseholdHazardous Waste Network since 1994. Irving has been the host to fourteenchemical collection days.

4. The purpose of this program is to provide an opportunity for Irving residents toproperly dispose of household chemicals such as pool chemicals, pesticides,herbicides, fertilizers, auto fluids, all kinds of batteries, light bulbs, paint andhousehold cleaners.

5. This interlocal agreement will provide service from October 1, 2010, throughSeptember 30, 2011.

6. Funding in the amount of $110,000.00 is based on the history of usage inFY 2009-2010 and is available in the Municipal Drainage Utility Fund.

Recommendation


9 Resolution -- Approving the Renewal of the Managing Services AgreementBetween the City of Irving and Daily Grind Dba Java Me Up, to ProvideCoffee Services at Valley Ranch Library


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

2. Impact: The original contract called for JavaMeUp to make monthly payments of$1,800.00 for a three year period. The first modification provided for a reduction to$1,000.00 per month for the duration of the contract with annual reviews. This

modification expires on September 30, 2010.3. The contract will be renewed for a period of 3 years at $1,000.00 per month

beginning October 1, 2010.

Recommendation



5/22


10 Resolution -- Approving an Agreement Between the City of Irving and theGreater Irving-Las Colinas Chamber of Commerce to Provide AnnualFunding for Economic Development Services for the City of Irving, Texas


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

2. Impact: This agreement reauthorizes annual funding for the Greater Irving-Las

Colinas Chamber of Commerce to promote economic development and businessgrowth through a series of highly effective strategies and programs.

3. The Greater Irving-Las Colinas Chamber of Commerce contracts with the City ofIrving to promote economic development and business growth through a series ofstrategies and programs designed to increase the tax base, encourage high quality

job growth, promote the City of Irving both nationally and internationally, recruit,retain and develop businesses, including small businesses and minority and womenowned businesses.

4. The results of these strategies are measured through a series of performancemeasures to assure the City maximizes the value of the partnership. These resultsare reported back to the City on a quarterly basis.

5. Funding in the amount of $1,675,000.00 is available in the Economic DevelopmentFund.

Recommendation


11 Resolution -- Approving Second Amendment to the Non-ExclusiveDistribution Agreement Between the City of Irving and the North TexasTollway Authority


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

2. Impact: This amendment continues NTTA defrayment of costs associated withsales of toll tags by the City.

3. The City will receive $5.00 from NTTA for each toll tag sold by the City.

4. Sale of toll tags by the City encourages the use of the toll infrastructure within thecity and, due to quicker trip times on less congested toll roads, helps improve airquality with the City and North Texas.

Recommendation



6/22


12 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for Phase 1 -Section 2 Undergrounding of Existing Aerial Utilities at Las ColinasBoulevard and Fuller Drive


1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

2. Impact: This project will provide for the undergrounding of existing aerial utilities atLas Colinas Boulevard and Fuller Drive in Las Colinas. This will improve the visualimpression of the area, promote economic development and reduce the possibilityof power outages caused by inclement weather events.

3. This agreement includes the last of 3,100 linear feet of cable placed withinpreviously installed conduit.

4. This is part of Capital Improvement Programs (CIP) strategic plan to undergroundaerial utilities in front of all city owned facilities.

5. The Las Colinas Association (TLCA), our partner in utility undergrounding in the Las

Colinas area, will fund 35% of this agreement cost. TLCA will reimburse the city fortheir share of the project cost after the work is completed.

6. Funding in the amount of $66,794.00 is available in the Non-Bond CIP Fund and$124,046.00 is available in the Street Improvement Bond Fund for the total amountof $190,840.00.

Recommendation


13 Resolution -- Awarding a Contract to SKE Construction, LLC, for WaterMain Grouting and Sanitary Sewer Main Relocation in the Jaycee Park

Area for the SH 183 Soundwall Project


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

2. Impact: This project will relocate 143 linear feet of sanitary sewer, and grout 2,914linear feet of water main which will no longer be used by the Water UtilitiesDepartment to make way for the SH 183 Sound Wall Project.

3. SKE Construction, LLC, submitted the lowest and best bid of $93,485.90 with aproject completion time of 30 calendar days. An additional $2,012.10 is required fortesting, bringing the total cost of the project to $95,500.00.

4. Minority- and/or Women-owned Business (M/WBE) participation in this award is100%.

5. Funding in the amount of $95,500.00 is available in the Sanitary Sewer Bond Fundand the Water Improvement Bond Fund.

Recommendation



7/22


14 Resolution -- Approving Renewal of Agreement for Services Between theCity of Irving and Keep Irving Beautiful, Inc., for the Keep Irving BeautifulProgram


1. This item supports Strategic Goal No. 2: Nurture and Promote Vital, VibrantNeighborhoods and Goal No. 10: Environmentally Sustainable Community

2. Impact: This allows for Keep Irving Beautiful, Inc., to continue educationalprograms with respect to litter abatement, solid waste handling materials, andcommunity beautification.

3. The contract facilitates the Citys compliance with its National Pollutant DischargeElimination System permit requirements and its standing as a communityrecognized by Keep America Beautiful and Keep Texas Beautiful.

4. Funds can be used to reimburse expenditures incurred in the delivery of KIB Boardauthorized programs.

5. Funding in the amount not to exceed $67,880.00 is available in the MunicipalDrainage Utility Fund.

Recommendation


15 Resolution -- Adopting a Prevailing Wage Rate for Use on CityConstruction Contracts



2. Impact: By adopting a prevailing wage rate for the construction of a public work, thecity will be in compliance with state law.

3. State law requires that prevailing wage rates be established for construction of apublic work, including a building, highway, road, excavation and repair work or otherproject development or improvement.

Recommendation



8/22


16 Resolution -- Approving a Contractor for the Construction of the IrvingEntertainment Center at Las Colinas


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

2. Impact: Confirms the selection of the general contractor for construction of theIrving Entertainment Center at Las Colinas and complies with the terms of thedevelopment agreement.

3. The Las Colinas Group has selected Balfour/Azteca a joint venture comprised ofBalfour Beatty Construction, LLC and Azteca Enterprises, Inc. as the generalcontractor to construct the Irving Entertainment Center at Las Colinas.

4. The development agreement provides that the selection of the contractor is subjectto the citys approval.

5. Beck, the citys owners representative, participated in the contractor selectionprocess and recommends Balfour/Azteca as a qualified contractor. Staff concurswith this recommendation.

6. Approval of the resolution does not commit funds for construction.

7. The M/WBE participation is 30%.

8. No funding is required.

Recommendation


17 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 202 Larry Drive Fabian Moreno Vasquez,

Property OwnerAdministrative Comments

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

2. Impact: Acquisition of this property will provide flexibility to accommodate municipalpurposes.

3. The 2008, 2009 and 2010 tax assessed value of the property is $118,800.00,$104,120.00, and $104,120.00, respectively. The property owner has agreed to sellthe property for $160,000.00, plus reimbursement of relocation costs not to exceed$11,350.00, and plus closing costs not to exceed $6,000.00.

4. Funding in the amount of $177,350.00 is available in the current budget.

Recommendation



9/22


18 Resolution -- Approving a Sales Contract for the Acquisition of a Single-Family Residence Located at 210 Larry Drive Arcadio and PatriciaMartinez, Property Owners


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

2. Impact: Acquisition of this property will provide flexibility to accommodate municipalpurposes.

3. The 2008, 2009 and 2010 tax assessed value of the property is $96,460.00,$94,300.00, and $94,300.00, respectively. The property owner has agreed to sellthe property for $120,000.00, plus reimbursement of relocation costs not to exceed$11,350.00, and closing costs not to exceed $6,000.00.

4. Funding in the amount of $137,350.00 is available in the current budget.

Recommendation


19 Resolution -- Approving a Fee Agreement with Dean International, Inc., forAssistance in Transportation and Infrastructure Services


1. This item supports Strategic Goals No. 3: Economic Development and No. 9:Infrastructure Network

2. Impact: Approval of this fee agreement will allow for the continuance of public

policy and consulting expertise by Dean International, Inc., for transportation andinfrastructure related services including: strategy development, analysis, and real-time reporting of key Irving projects/initiatives.

3. Additionally the contract provides for program development and administration andsupport services for the Annual Transportation and Infrastructure Convention(Washington D.C.) and the Annual Transportation and Infrastructure Summit.

4. Funding in the amount of $730,000 is available in the General Fund.

Recommendation



10/22


20 Resolution -- Approving a Fee Agreement with Dean International, Inc., forAssistance in Water Services


1. This item supports Strategic Goals No. 3: Economic Development and No. 9:Infrastructure Network

2. Impact: Approval of this fee agreement will allow for the continuance of publicpolicy and consulting expertise by Dean International, Inc., for water relatedservices including: strategy development, analysis, and real-time reporting of keyIrving projects/initiatives.

3. Funding in the amount of $390,000 is available in the Water Systems Fund.

Recommendation


21 Resolution -- Approving the Acceptance of a Grant from the TexasDepartment of Housing and Community Affairs for the Fiscal Year 2010-11Emergency Shelter Grant Program


1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.

2. Impact: Acceptance of this grant will provide emergency financial assistance forindividuals and families facing homelessness.

3. The City of Irving applied for this grant through the Texas Department of Housingand Community Affairs (TDHCA) and was awarded $73,840.00 to administer the

Emergency Shelter Grant Program.4. The City of Irving will expend $71,000.00 toward this grant, and the Texas

Department of Housing and Community Affairs will retain $2,840.00 for programadministration.

5. This action authorizes the acceptance of these awarded funds and authorizes theMayor to sign grant agreements and other necessary documents with TDHCA.

Recommendation



11/22


22 Resolution -- Approving the Letter of Agreement Between the Irving ArtsCenter and the Dallas Morning News to Provide In-Kind Advertising toPromote Exhibitions, Performances, and Cultural Activities


1. This item supports Strategic Goal No. 7: Promote Excellence in Irvings Cultural,Recreational, and Educational Environments.

2. Impact: This agreement will provide the Irving Arts Center with $50,000 of in-kindprint advertising based on the Irving Arts Centers commitment to purchase $50,000of paid advertising from The Dallas Morning News. The in-kind print advertising willbe used to promote exhibitions, performances, and cultural activities in addition for$8,100 in return services including event tickets and facility rental space.

Recommendation


Bids and Purchasing ItemsItems 23-24

23 Resolution -- Approving the Agreement Between the City of Irving andDeer Oaks EAP Services, L.L.C., for Employee Assistance Program (EAP)Utilizing Public Employee Benefits Alliance (PEBA) Agreement



2. This item is recommended by Financial Services Employee Benefits.

3. Impact: This benefit program continues to provide family counseling services toemployees and supervisors, and is available for all full-time and part-timeemployees and their dependents.

4. This program covers a wide range of work and home issues from everydayconcerns to more serious problems. It provides professional services, such assubstance abuse, anxiety disorder, grief, depression, and other mental healthcounseling. In addition, topics are individually tailored to meet the needs of theemployer and employees.

5. The annual estimated amount will be $32,880.00 for this three-year contract, andfunding will be from the General Fund.

RecommendationThe resolution be approved.


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24 Resolution -- Approving the Leases with Xerox for Replacement CopiersUtilizing the State of Texas Cooperative Purchasing Program or TheCooperative Purchasing Network (TCPN) Program


1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:Environmentally Sustainable Community.

2. This item has been recommended by Information Services.3. Impact: These leased replacement copiers will provide the City with more

technically advanced products at an estimated annual cost avoidance of$64,927.20.

4. After an extensive evaluation process, Information Technology standardized theCitys copiers by selecting Xerox as the manufacturer and establishing three modelsas the Citys standard copier replacements. It is also recommended that the Citycontinue leasing copiers using a 48-month lease option to avoid upfront purchasecosts and recurring maintenance costs.

5. The City currently has 78 leased copiers of which 47 leases have expired or will be

expiring this upcoming fiscal year and 46 of these need replacement. Theremaining 31 copiers will be replaced with the standard units using the best pricingavailable through either the State of Texas or TCPN purchasing programs as theirleases expire.

6. Information Technology and Xerox worked closely with individual departments todetermine each departments specific needs and selected the appropriate optionsthat best fit those needs.

7 All replacement units will have the Image Overwrite Security package option toensure the integrity of sensitive data.

8. The City also participates in Xeroxs Recycling program for returning/recycling used

toner and print cartridges.

9. The annual estimated amount will be $157,378.20 for the 48-month leases, andfunding will be from various funds.

Recommendation


End of Bids


13/22


25 Ordinance -- Final Reading - Amending Chapter 52 Entitled Water andSewer Rates of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas, Providing for New Monthly Water and Sewer Rates



2. Impact: Revenue projections under current rates are not sufficient to meet

debt coverage requirement goals. In order to provide for the operationalneeds of the water and sewer system and meet commitments made to ratingagencies, staff recommends a 5.1% adjustment to both water and sewerrates.

3. A cost of service study is prepared annually to ensure that funding is available to

meet the cash flow needs of the Water and Sewer System Fund and associated

funds and produce the required bond coverage factor to allow for the issuance of

additional bonds and maintain current bond ratings.

4. A fee of $2.25 is recommended to cover the cost of service for the providing

duplicate municipal services bill statements.

Recommendation

The ordinance be adopted


14/22


26 Ordinance -- Final Reading - Approving an Agreement Between the AtmosCities Steering Committee and Atmos Energy Corp., Mid-Tex DivisionRegarding the Companys Rate Review Mechanism Filing, Steel PipelineReplacement Program, and Continuation of the Rate Review Mechanism



2. Impact: Approval of the ordinance will implement a negotiated settlement withAtmos Energy Corp.

3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached asettlement addressing the Company's third Rate Review Mechanism (RRM) filing.

4. After review of the ACSC settlement team, it was determined that the evidencesupported a $27 million increase over current rates, and not the $70.2 millionproposed by the Company.

5. The outcome of this settlement is equal to or better than the outcome expected from

a lengthy contested case proceeding, and maintains cities' role as a regulator ofnatural gas rates.

6. Ordinance approval also includes an additional authorized $3.4 million forreplacement costs of steel pipelines throughout the Atmos service area.

7. The monthly bill impact for the average residential customer will be a $1.40increase (about a 3.15% increase in the total bill).

8. Approval of the ordinance would continue the RRM process for another twoyears. This is the second of three required readings.

Recommendation



15/22

ZONING CASES AND COMPANION ITEMS

27 Resolution -- Approving Special Sign Permit Case No. S1009-0010 to Allowa Digital Sign - Property Located at 100 W. Oakdale Road - CharterBuilders, Applicant - Irving Independent School District, Owner


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

2. Impact: This special sign permit would allow the Irving Independent School Districtto have an electronic message board at the entrance of a school to inform thecommunity of events and announcements.

3. This sign is proposed for Nimitz High School at 100 W. Oakdale Road. The existingmarquee sign will be removed.

4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3 X 9.5(31.35 sq. ft.) electronic message sign, and will be set back approximately 15 feetfrom the curb line on Oakdale. The sign cabinet will be constructed of a masonry

body with columns and top caps. Overall, the cabinets design complements thearchitecture of the main building.

5. The digital component meets all city requirements concerning brightness, frequencyof message change, and other issues. The digital component is a full color display.

6. The proposed digital sign does not create a traffic visibility issue and will notadversely affect the surrounding properties.

7. The sign design review committee has reviewed this request and recommendsapproval.

Recommendation


28 Resolution -- Approving Special Sign Permit Case No. S1009-0016 to Allowa Digital Sign - Property Located at 4601 N. MacArthur Boulevard - CharterBuilders, Applicant - Irving Independent School District, Owner




3. This sign is proposed for the Jack E. Singley Academy at 4601 N. MacArthur Blvd.The existing marquee sign will be removed.

4. The proposed monument sign is 6.2 tall and 13.7 wide, with a 2.7.5 X 8.8 (24.2 sq.ft.) electronic message sign, and will be set back approximately 10 feet from thecurb line on North MacArthur Blvd. The sign cabinet will be constructed of amasonry body with columns and top caps. Overall, the cabinets designcomplements the architecture of the main building.



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Recommendation


29 Resolution -- Approving Special Sign Permit Case No. S1008-0025 to Allowa Digital Sign - Property Located at 101 E. Union Bower Road - CharterBuilders, Applicant - Irving Independent School District, Owner


1. This item supports Strategic Goal No. 1: Land Use.2. Impact: This special sign permit would allow the Irving Independent School District

to have an electronic message board at the entrance of a school to inform thecommunity of events and announcements.

3. This sign is proposed for the Barbara Cardwell Career Preparatory Center at 101 E.Union Bower Road.

4. The proposed monument sign is 6.2 feet tall and 14.1 feet wide, with a 3.3 X 8.6(28.38 sq. ft.) electronic message sign, and will be set back approximately 20 feetfrom the curb line on Union Bower. The sign cabinet will be constructed with amasonry body with columns and top caps. Overall, the cabinets design

complements the architecture of the main building.




Recommendation




17/22

30 Resolution -- Approving Special Sign Permit Case No. S1008-0026 to Allowa Digital Sign - Property Located at 900 N. OConnor Road - CharterBuilders, Applicant - Irving Independent School District, Owner



2. Impact: This special sign permit would allow the Irving Independent School District

to have an electronic message board at the entrance of a school to inform thecommunity of events and announcements.

3. This sign is proposed for Irving High School at 900 N. OConnor Road. The existingmarquee sign will be removed.

4. The proposed monument sign is 6.8 tall and 14.1 wide, with a 3.3 X 9.5 (30 sq. ft.)electronic message sign, and will be set back approximately 21 feet from the curbline on OConnor. The sign cabinet will be constructed of a masonry body withcolumns and top caps. Overall, the cabinets design complements the architectureof the main building.

5. The digital component meets all city requirements concerning brightness, frequency

of message change, and other issues. The digital component is a full color display.6. The proposed digital sign does not create a traffic visibility issue and will not

adversely affect the surrounding properties.


Recommendation


31 Resolution -- Approving Special Sign Permit Case No. S1008-0027 to Allowa Digital Sign - Property Located at 3700 N. MacArthur Boulevard - CharterBuilders, Applicant - Irving Independent School District, Owner




3. This sign is proposed for MacArthur High School at 3700 N. MacArthur Blvd. The

existing marquee sign will be removed.4. The proposed monument sign is 6.2 feet tall and 12.3 feet wide, with a 3.3 X 9.4

(31.02 sq. ft.) electronic message sign, and will be set back approximately 36 feetfrom the curb line on North MacArthur Blvd. The sign cabinet will be constructed ofa masonry body with columns and top caps. Overall, the cabinets designcomplements the architecture of the main building.




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Recommendation


32 Ordinance -- Zoning Case #ZC10-0018 - Granting S-P-2 (Generalized SitePlan) for C-O (Commercial Office) and Parking Uses - Approximately 4.7Acres Located at the Northwest Corner of Riverside Drive and TeleportBoulevard - Riverside Commons Holdings, LLC, Applicant - One RealcoLand Holdings, Inc., Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:September 7, 2010 - Favorable 8-0 (Commissioner Foust, absent).

3. The Comprehensive Plan recommends Mixed Use uses for this property. Theproposed uses are in conformance with the Comprehensive Plan.

4. The subject property is currently undeveloped. The applicant is seeking to build a306-space surface parking lot in Phase 1 to exclusively serve the overflow parkingneeds for Research In Motion (RIM) located at 5000 5040 Riverside Drive,

immediately south of the subject property. Construction of a building on site for C-O(Commercial Office) uses is permitted in Phase 1, provided that parking for the newbuilding be on site and only the remainder parking could be used by the RIMfacility.

5. The applicant is also seeking approval of a Phase 2 site plan that includes aparking garage and potentially a future office building. The parking garage may alsobe used by the RIM facility, but must also accommodate the parking for any newbuilding constructed on the site.

6. The Phase 2 parking garage may be as tall as eight (8) stories and contain up to1100 parking spaces. If the parking garage is initially constructed at less than the

maximum height or parking spaces, the garage shall be designed to accommodatefuture expansion up to the maximum height or parking count in order toaccommodate future office construction on the site while maintaining an adequatesupply of parking for the RIM facility.

7. The parking garage must have exterior faades that provide an aestheticallypleasing front that is architecturally similar to an office faade facing RiversideDrive and Teleport Blvd., which is the location of the future DART Orange Line.

8. All surface parking shall be removed upon completion of the parking garage.



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9. The site plan includes a special provision that allows staff authority to approveminor modifications to building materials, location of building articulation, andlandscaping, and may request additional building design features and landscapingto offset reduced landscaping and articulation at areas that do not face RiversideDrive or Teleport Blvd. This will allow the applicant to design the parking garage ata future date in accordance with the standards that are in place at that time withoutrequiring a zoning change, while still giving staff the ability and flexibility to carry outthe Councils desire.

10. The site plan prohibits commercial parking lots, vehicle storage, parking of trucksand trailers, or parking of boats or recreational vehicles in both phases. Extensivelandscaping is provided in both phases, particularly with the uses of trees, shrubsand berms along the southern and eastern boundaries.

11. Approval of the two-phase site plan allows the construction of a high-quality, well-landscaped off-site parking facility to serve the national headquarters of ResearchIn Motion, while still providing for the full development and use of the property forother commercial office uses in the future.

12. Public notices were sent to ten (10) property owners, with no letters in support, and1 letter in opposition received. The opposition represents 0.07% of the property

within 200 feet. A vote of the City Council is not required for this case to beapproved.

Recommendation

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

33 Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized SitePlan) for R-7.5 (Single Family) District Uses - Approximately 1.644 AcresLocated at 1412 East Union Bower Road - JDJR Engineers andConsultants, Inc., Applicant - Carole Bogart, Owner (Postponed fromSeptember 9, 2010 City Council Meeting)



2. Planning and Zoning Commission Hearing Date and Recommendation:August 2, 2010 - Favorable 5-2 with the stipulation that the site plan be correctedper the staff recommendation (Commissioners Allen and Fischer, nay;Commissioners Palmer and LaRose, absent).

3. The applicant is requesting to rezone the property to redevelop the site with six (6)new single family homes.

4. The Comprehensive Plan recommends Low Density Residential uses for thisproperty. This request is in conformance it the Comprehensive Plan.



20/22


5. The property is currently developed with a single family home. The applicant isseeking to redevelop the property with six (6) new single family homes.

6. This property is currently zoned R-7.5 which would typically allow 7500 sq. ft. lots.Prior to last year, this property could have been platted as proposed by theapplicant without the need for a public hearing. However, in September 2009 theCity Council approved the neighborhood protection ordinance, an amendment tothe Subdivision Ordinance that requires rezoning whenever a plat or replat forsingle family uses proposes to create lots that are less than 80% of the area of theadjacent developed lots or tracts. This provides an opportunity for neighborhoodinput and City Council discretion when these infill development opportunities occur.

7. The applicant is proposing lot sizes ranging from 9,084 square feet to 12,059square feet, with an average lot size of 10,154 sq. ft. The surrounding lots andtracts range from 9,900 to 38,715 square feet. Since the average proposed lot sizeis less than 80% of the average lot size of the existing adjacent lots as defined bythe ordinance, rezoning is required prior to platting the property.

8. The notes on the site plan require the following standards:

The minimum house size shall be 2,200 square feet, which is consistent with the

average home size of the surrounding lots; Exterior facades, excluding windows and doors, shall be a minimum of 80%

masonry; A minimum two (2) car garage with a minimum of 400 square feet will be

required for each residence. A minimum of 2 additional off-street parking spacesshall be provided behind the front property line;

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

Maximum lot coverage by buildings, driveways and parking shall be 60%; Minimum roof pitch shall be 5:12; and A minimum of one (1) four inch caliper tree shall be provided in the front yard of

each lot. Should there be an existing tree (4 caliper or larger) that remains inthe front yard, no new tree will be required.

9. Platting is required prior to development.

10. Since the proposed lot sizes are consistent with the sizes of the surrounding plattedlots, and the proposed minimum house size is consistent with the average size ofhomes in the surrounding area, staff can support this request.

11. The stipulation of the Commission has been met.

12. Public notices were sent to thirty-nine (39) property owners, with 25 letters and apetition with 19 signatures in support, and 112 letters and 9 emails in opposition

received. The opposition represents 57.12% of the property within 200 feet. A vote of the City Council is required for this case to be approved.

Recommendation



21/22

34 Ordinance -- Zoning Case #ZC10-0032 - Granting S-P-2 (Generalized SitePlan) for P-O (Professional Office) and Training School Uses -Approximately 7.7 Acres Located at 400 East Airport Freeway - JDJREngineers and Consultants, Inc., Applicant - Ford Leasing DevelopmentCompany, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:September 7, 2010 Favorable 8-0, with the stipulation that the site plan be revisedper the staff recommendations (Commissioner Foust, absent).

3. The applicant is requesting rezoning to allow an aircraft maintenance trainingschool.

4. The property is currently developed with an existing one-story 35,487 square footmetal and masonry main building and a one-story 6,040 square foot metalsecondary building. The applicant is proposing to use the existing buildings as atraining facility for aircraft maintenance.

5. The applicant has provided a letter detailing the studies and curriculum that theAviation Institute of Maintenance (AIM) provides and an explanation of the type oftesting to be performed at the site as a part of the hands-on-training and non-classroom work.

6. The applicants proposed concept plan shows a 3,276 square foot addition to theexisting 35,487 square foot metal and masonry building to match the existingstructure. Notes on the plan stipulate that the main building shall meet CommercialBuilding Design Standards (Sec. 52-35c of the zoning ordinance) if the building isexpanded beyond 42,600 square feet, or if more than 50% of the square footage ofthe building is destroyed. These stipulations also apply to the secondary building ifexpanded beyond 7,250 square feet or if more than 50% of the square footage ofthe building is destroyed. All new buildings must meet the requirements of Sec. 52-35c.

7. Notes on the plan also limit the location and type of outside testing of aircraft andaircraft components.

8. The applicant is proposing additional landscaping of 57 large trees, 14 ornamentaltrees, 160 screening shrubs, Bermuda grass and a planter bed to meet the currentordinance standards.

9. All other requirements of the P-O district will be met.

10. The stipulation of the Planning and Zoning Commission has been met.

11. Public notices were sent to sixteen (16) property owners, with two (2) letters insupport and none in opposition received.

Recommendation




22/22