Invocation Reverend Keith Bateman, Irving First Church of Nazarene Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Proclamations, Announcements, and Special Recognitions
Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda.
City Operations Update A. Construction Update on Embassy Channel and Brockbank Channel Improvements B. TRAPS North Region Excellence in Maintenance Award - Flood Response Program C. Planning and Community Development Video - Grant Funded Projects for Low Income Areas
Resolution - Approving a Professional Services Agreement Between the City of Irving and Komatsu Architecture, in the Amount of $214,323.00, for the Planning, Design and Construction Administration of the Irving Museum and Heritage Center Located on the First Floor of the old Central Library Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: This agreement is a comprehensive architectural and engineering services contract that will provide expertise and knowledge to ensure that the old Central Library will be renovated to meet the needs of the Irving Museum and Heritage Center. This design project will work in conjunction with the Museum Planner to insure the Heritage Museum will meet all code requirements. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. Requests for qualifications were solicited for these services. Qualifications were received from four architectural firms. Three firms were selected to be interviewed. The interview panel included members of the Capital Improvement Program Department, Irving Art Center, Building and Equipment Services, and Archives. 5. Based on experience and the firms high level of knowledge and expertise related to Komatsu Architecture for the planning, design and construction administration associated with the Irving Museum and Heritage Center. 6. The architectural design contract includes $162,183.00 for the design of the museum renovations and $45,465.00 for the design of the upgrade renovations for public spaces on the first and second floors. To improve the main public spaces which provide access to the Museum and Innovation Center, $450,000.00 has been allocated for upgrades to the finishes in the Entry Foyer, Lobby and Restrooms on the first and second floors. These funds are available in the Economic Development Fund and City Building Improvement Bond Fund. 7. This is the second step of a two-step process. An Authority to Negotiate was approved by council Resolution 2016-400 on October 27, 2016. 8. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. 9. Funding in the amount of $166,270.49 is available within the Heritage and Museum Fund; and funding in the amount of $22,584.68 is available within the Economic Development Fund; and funding in the amount of $25,467.83 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved.
Resolution - Awarding a Contract to Toxey/McMillan Design Associates LLC in an Amount Not to Exceed $900,000.00, for the Museum Planning and Exhibit Development for the Irving Museum and Heritage Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: This award provides Museum Planning Services as well as design and construction of the exhibits to be included in the Irving Heritage Museum planned for the first floor of the Central Library Building. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. Proposals were received from four vendors. Three were chosen to be interviewed. Toxey/McMillan Design Associates LLC determined to be the firm to have the best museum planning and design team expertise and presented the lowest, best and most responsive proposal for the museum exhibits. 5. The proposal included a range of exhibits including traditional museum static displays to high-tech exhibits using video and animation. 6. Toxey/McMillan will received $185,000 for the coordination of the museum layout and design, $700,000 for the implementation and construction of the exhibits and $15,000 for reimbursable expenses. 7. Minority- and or Women-owned Business (M/WBE) participation in this award is 100%. 8. Funding in the amount of $900,000.00 is available within the Heritage and Museum Fund. Recommendation The resolution be approved.
Resolution - Approving an Economic Incentive Agreement Between the City of Irving and Atos IT Solutions and Services, Inc., in an Amount Dependent Upon Annual Qualification Administrative Comments 1. This item is recommended by the Economic Development Department. 2. Impact: Approval of this incentive agreement will assist in attracting Atos IT Solutions and Services, Inc., to the City of Irving. 3. This incentive agreement was discussed at the October 26, 2016 Executive Session of the Irving City Council Work Session meeting. 4. Atos IT Solutions and Services, Inc., plans to establish a designated regional headquarters providing information technology services (e.g., consulting and systems integration services, managed services and BPO, cloud operations, etc.). 5. The City, along with the Greater Irving/Las Colinas Chamber of Commerce, has worked with Atos to attract the company and their investment to the City of Irving. 6. Minimum qualification levels for this incentive is the construction and occupancy of 99,000 square feet of office space; new real property improvement value of $4,000,000; new business personal property value of $3,000,000; and 500 employees with an average annual salary of $70,000. 7. The City will provide a grant equivalent to ninety percent (90%) of real property taxes paid on new taxable value over $13,731,560 for five years. The City also will provide a grant equivalent to ninety percent (90%) of business personal property taxes paid for five years. Atos is required to maintain minimum qualification levels annually during the five-year term plus for an additional three years. 8. The City anticipates the net new benefit after incentives in real property taxes, business personal property taxes and sales taxes to be $428,689 during the five-year term of the agreement. The approximate value of the incentive to Atos is $187,142. Recommendation The resolution be approved.
Resolution - Nominating Nationstar Mortgage Holdings, Inc., to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank for Designation as a Qualified Business and an Enterprise Project Under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code Administrative Comments 1. This item is recommended by the Economic Development Department. 2. Impact: Nomination of Nationstar, for participation in the Texas Enterprise Zone Program will allow for in excess of $5 million of capital investments over the next five years. 3. The Texas Enterprise Zone Act allows a governing body to nominate projects within its jurisdiction to the Office of the Governor for incentives provided by the State of Texas. Should Nationstar, be selected for the Enterprise Project designation, they will receive a State sales tax reimbursement (State portion) that will be reinvested in the Irving facility. 4. Nationstar Mortgage Holdings, Inc., has operations at 4000 Horizon Way and houses 1,844 employees at this site. This facility contains much of the servicing operations for the company. 5. Nationstar, estimates that it will invest approximately $5 million over the next five years in the Irving facility. The investment will be primarily for furniture, fixtures, and equipment used within the building. Nationstar is requesting benefit for the retention of 500 jobs due to the proposed capital investments. 6. Nationstar also commits to hiring at least 35% economically disadvantaged employees for its new or replacement personnel as required by the Texas Enterprise Zone Statute. 7. The Enterprise Zone designation will terminate on December 1, 2021. Recommendation The resolution be approved.
Resolution - Approving General Contractors for Tenant Finish Out Construction of Restaurants and Retail Businesses at the Irving Entertainment Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 3.4 – Complete “signature projects”. 2. Impact: This item approves four general contractors for tenant finish out construction of the restaurant and retail businesses at the Irving Entertainment Center. The various restaurant and retail companies with leases will contract with approved general contractors for the completion of restaurant and retail spaces. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. ARK Group of Irving, Inc., has selected Skanska USA Building, Inc., as the general contractor to construct the Irving Entertainment Center and they are under contract to provide the completed shell buildings for the retail businesses. 5. The development agreement provides that the selection of general contractors is subject to the City Council’s approval. This item includes the approval of the following general contractors for tenant finish out of the restaurant and retail spaces: a. Parkway Construction b. Dickinson Cameron Construction Company, Inc. c. Azteca Enterprise, Inc. d. Highland Builders, Inc. 6. The construction contract is subject to the approval of City’s designee. Approval of the resolution does not commit funds for construction. 7. The development agreement requires compliance with the Good Faith Effort Program. The M/WBE goal is 30 percent and will be monitored during construction. 8. These four general contractors provided required due diligence package to the City for review. Staff is satisfied that these companies are qualified and capable to perform as general contractor for this project. 9. This resolution also delegates future general contractor approvals for tenant finish out construction to the City Manager or his designee. This is being recommended because there may be as many as 10 to 15 additional tenant finish out general contractors associated with the 25 plus restaurants and retail spaces under lease at the Irving Music Factory.
Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision.
Resolution - Approving Preliminary/Final Plat - PL16-0020 - Bear Creek Corporate Center - Approximately 16.06 Acres Located on Southeast Corner of State Highway 161 and Conflans Road - Avere Real Estate, Applicant - Codi Land and Cattle, LP, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 - Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The applicant is platting the property into one lot for commercial development. 3. This property was rezoned in September 2016 per zoning case #ZC16-0032. At the time, it was acknowledged that drainage would be a significant issue at time of platting. 4. The plat includes a public drainage easement from Conflans Road to the middle of the site, where it terminates into a large private drainage easement. The size of the easement may reduce the total number and size of buildings in this development. 5. The following exception to the Subdivision Ordinance will require this plat to be forwarded to the City Council: In all instances, save and except where the width and/or size of the drainage channel renders it uneconomical and/or impractical as determined by the city council, it is the policy of the city to have improved all drainage channels by owner installation of reinforced concrete pipe or concrete lining. The final decision as to the size and/or type of channel improvements shall reside in the city council. The applicant is proposing drainage easements for unlined drainage channels. 6. The plat complies with the approved zoning site plan and with all other requirements of the Subdivision Ordinance. 7. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved, subject to correcting the approval signature block.
Resolution - Approving Replat - PL16-0038 - Northgate Commerce Center, 1st Revision - Approximately 24.57 Acres Located Northeast of Northgate Drive and Valley View Lane - Halff Associates, Inc., Applicant - 4409 Montrose, Ltd., Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Technical Denial 9-0. 2. The purpose of this replat is to recognize the abandonment of easements and dedicate new easements to facilitate development of the property into a distribution warehouse facility north of Northgate Drive and east of Valley View Lane. 3. This plat recognizes the abandonment of the following easements: A. Two (2) 10-ft. wide Gas and Telecommunications Easements. B. Two (2) 10-ft. wide ONCOR Electric Deliver Company Easements. C. One (1) 15-ft. wide storm drainage easement. These abandonments were approved by City Council on October 27, 2016, per Ordinance No. ORD-2016-9874. 4. This plat dedicates the following new easements: A. Four (4) 15-ft. wide sidewalk easements along Valley View Lane. B. A water easement along Valley View Lane. C. A 15-ft. wide storm drainage easement. 5. An earthen channel passes through the east side of the lot. 6. The owner has provided the Traffic Department with a letter of understanding that the construction plans for Valley View Lane must be reviewed and approved prior to issuance of a building permit on the lot. 7. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for consideration: Section 35-26 of the subdivision ordinance requires installation of drainage channels of reinforced concrete pipe or concrete lining. The plat proposes to leave the drainage channel in its natural state. 8. The plat complies with all other requirements of the Subdivision Ordinance. 9. The property is proposed to be developed as a build-to-suit, owner-occupied warehouse facility. The City is currently considering an incentive agreement for the proposed development. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved.
Resolution - Approving Replat - PL16-0053 - BAPS Southwest Addition, 2nd Revision - Approximately 20.28 Acres Located at 4601 North State Highway 161 - JDJR Engineers and Consultants, Inc., Applicant - BAPS Southwest, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Technical Denial 9-0. 2. The purpose of this replat is to combine all of the property under the same ownership into one lot for religious institution uses. 3. This plat dedicates a 15-ft. wide utility easement along State Highway 161. 4. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for action: Section 35-26 of the Subdivision Ordinance requires installation of drainage channels of reinforced concrete pipe or concrete lining. The plat has an existing a 50-ft. wide open drainage ditch easement through which the storm water will be routed. 5. The plat complies with all other requirements of the Subdivision Ordinance and the approved zoning. 6. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved.
Ordinance - Zoning Case #ZC16-0026 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.80 Acres Located on the West Side of Esters Road, South of State Highway 183 - Humberto Castillo, Applicant - Vito's Pizza and Grill, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to the following stipulations: (1) Total number of seats with the parking requirement of one space for each 2.5 seats being shown in the site tabulation; (2) All development will conform to the State Highway 183 Overlay District and Section 52-35c, Commercial Design Standards, unless otherwise noted herein; (3) All landscaping shall comply with the State Highway 183 Overlay District and Section 52-35a, Landscaping and Tree Preservation, unless otherwise noted herein; and (4) Remove duplicate notes as directed by staff. 2. The stipulations of the Planning and Zoning Commission have been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This use is in conformance with the Comprehensive Plan. 4. The subject property is an undeveloped tract of land that is being subdivided from a larger tract to front Esters Road. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on premises consumption for a free-standing 5,065 sq. ft. restaurant, and will have 142 seats, including 20 seats on the patio. 5. A total of 51 parking spaces are required at one space per 100 sq. ft. in the State Highway 183 Overlay District. The applicant is providing 59 parking spaces. 6. The request meets all of the requirements of the R-AB ordinance. 7. A total of 11 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0065 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.5 Acres Located at 1820 Williams Road - Higinio Tellez, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to making minor typographical corrections as directed by staff. The stipulation of the Planning and Zoning Commission has been met. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The subject property is developed with an existing single family residence and an existing 600 sq. ft. detached garage that are in conformance with the R-7.5 zoning. 4. The applicant is demolishing a portion of the house to add a 2-story addition to the house with a 30-foot by 40-foot footprint, that will be built with five feet of separation from the existing garage at the corners. 5. The R-7.5 zoning district requires a 10-foot separation between structures. However, safety and building code requirements can be met with the proposed five foot separation, and will allow the homeowner to add a rectangular foundation for this addition. 6. Since all building code requirements will be met, staff has no objection to the request. 7. A total of 11 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0068 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.067 Acres Located at 8704 Cypress Waters Boulevard, Suite 190 - 4 Slices, LLC, Applicant - CWR2A, LLC and CWR2 B, LLC, Owners Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The subject property is a 1,840 sq. ft. lease space in a multi-tenant retail center. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on-premises consumption. 4. The restaurant will have 128 seats, including a patio with 32 seats. A total of 52 parking spaces are required at one space per 2.5 seats and are provided in the retail center. 5. The request meets all of the requirements of the R-AB ordinance. 6. A total of four (4) public notices were mailed. Staff received three (3) responses in support and none in opposition to this request. 7. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0070 - Amending the Comprehensive Plan to Change the Recommended Land Use from "Commercial" to "Low Density Residential", and Granting S-P-2 (Generalized Site Plan) for R-6 (Single Family) District Uses - Approximately 6.23 Acres Located at 1525 Hard Rock Road - JDJR Engineers & Consultants, Inc., Applicant - Blake Bloomfield, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 7-2 (Commissioners Niemeier and Taylor, nay). 2. The applicant is proposing to amend the 2008 Comprehensive Plan Future Land Use Map from “Commercial” uses to “Low Density Residential” uses to allow the property to retain the existing residence, and to add ten (10) new single family homes. 3. The applicant provided a letter requesting to amend the Comprehensive Plan for the following reasons: 1) the likelihood of the tract being developed with commercial uses is low due to the shape and configuration of the property, and the developable portion is very shallow and does not lend itself for commercial development; and 2) the majority of recent development in the area has been for townhouses and single family uses and the proposed use would be compatible with existing uses. 4. The 2008 Comprehensive Plan states that, should an applicant desire that an area designated for non-residential use transition to a residential use, the request should meet seven criteria. The seven criteria are as follows: a) The area should be physically appropriate (i.e., size, shape, etc.) for residential use. b) The area is an extension of a residential neighborhood shown on the Generalized Future Land Use Map and is not separated from the neighborhood by a major thoroughfare. c) The rezoning will not create a situation where non-residential traffic will negatively impact established and proposed future neighborhoods; d) The rezoning would not result in a shortage of land designated for nonresidential development; e) The proposed rezoning is not for traditional multi-family development. f) The rezoning would not leave a residual tract of non-residentially zoned property which could negatively impact the proposed residential use. g) The rezoning would provide for an appropriate transition between residential and non-residential uses through separation by distance, screening, or land use. 5. The proposed development meets the criteria as follows: ? The proposed site is approximately 6.23 acres, is physically appropriate and would accommodate a residential use. ? The property is adjacent to a senior housing facility on the south and property recently zoned for single family (low density) residential on the north and is not separated from the neighborhood by a major thoroughfare. ? The rezoning for 10 new residential lots will not negatively impact established or future neighborhoods. ? The shape and configuration with the developable portion of this property being very shallow does not lend itself for commercial development, so rezoning of this site would not create a shortage of land designated for non-residential development. This proposed project is for a single family development. It does not leave a residual tract which would not conform to the future land use plan. The proposed project will be integrated appropriately into the area with the proposed single family to the north and the senior housing to the south. Staff believes the proposed comprehensive plan amendment meets all seven of the criteria. 6. This property is within the DFW Airport 65 LDN noise contour. In 2007, the City Council adopted a policy that residential development in areas subject to noise impacts of 65 LDN or greater from DFW Airport could be relaxed when a development application includes requirements for (1) noise attenuation construction techniques as established in the currently adopted Building Code, (2) dedication of avigation easements in favor of the City of Irving and DFW Airport, and (3) additional notification to purchasers of the property about the proximity of the property to DFW Airport and potential noise impacts resulting from such proximity. These requirements are included on the site plan. 7. The proposed layout creates ten (10) new single family lots which will front onto Hard Rock Road with four new driveways. Lot 1 will have its own driveway onto Hard Rock Road. Lots 2 and 3 would share a driveway. Lots 4-11 would share access to a 22-foot wide access driveway, which would itself have 2 access points onto Hard Rock Road. The existing house on Lot 12 would maintain its own driveway. 8. The site plan includes the following modifications to the R-6 (Single Family) district requirements: Required Provided Maximum Building Height 25 feet 2 ½ stories or 35 feet Front Yard Setback 25 feet 15 feet Rear Yard Setback 20 feet 10 feet Maximum Lot Coverage By Principal Building 40 percent 50% 9. As proposed, the back of the homes can be as close as 10-feet from waters’ edge. Normal pool elevation of the lake is just 1 ½ feet below the proposed trail. 10. The site plan includes a 25-ft. garage door setback for Lots 1-4 and 12. Lots 6-11 include a “22-ft. garage door setback” from the edge of the driveway easement, which is over 52 feet from the actual property line. Likewise, the “8-ft. front building line” on these lots is over 30 feet from the property line, but is 8 feet from the mutual access driveway. 11. The property setbacks and access easements would allow for a maximum building pad of approximately 4,100 square feet for Lots 1-4, and a maximum of approximately 2,750 square feet on Lots 6-11. 12. The site plan proposes a 5-foot wide “sidewalk/trail” amenity. This would run on the inside of Lots 1-4 and part of Lot 10, and outside of lots 6-11 and part of Lot 10. According to the applicant’s Homeowners Association Guidelines and Responsibilities, the HOA would be responsible for maintenance of the trail on individual lots. 13. A distinctive feature is the private lake running along the western side of the subdivision. However, the access to the lake from Hard Rock Road needs to be secured before and after construction, and no boating or swimming should be allowed. 14. This case was postponed from the November 7, 2016 Planning and Zoning Commission meeting. On November 10, 2016, the applicant met with staff to determine whether or not the proposed development could be revised in an effort to get a favorable recommendation from staff. Staff reiterated its request that the applicant provide evidence that a 10-lot Homeowners’ Association can maintain its fiscal responsibilities of maintaining the mutual access easements and driveways, retaining walls, a private sidewalk/trail, and a substantial portion of the lake itself. Staff also requested sample cross-sections illustrating how the property could be developed given the grade of the site, height of the homes, and the normal lake levels. 15. On November 7, 2016, the applicant provided a narrative of the “Home Owners Association Guidelines and Responsibilities”, including responsibilities, estimated expenses, dues and income analysis. After reviewing the narrative, staff does not believe it to be a realistic estimation of the costs for capital maintenance of the items mentioned in the previous paragraph. The narrative has language in it that would allow adjustments to the plan after six months, which is not typical of what a Homeowners’ Association would provide. A copy of the staff analysis is included in this packet, along with the applicant’s response from November 18. 16. On December 1, staff received a revised HOA financing and implementation plan from the applicant. Staff was unable to review this new information prior to the distribution of the packets; however, staff will review the document and provide its analysis to the City Council at the work session. 17. A total of 17 public notices were mailed. Staff received one (1) response in support and two (2) responses in opposition. The opposition represents 47.34% of the land within 200 feet of the subject property. Since this is greater than 20%, a ¾-vote is required for approval of this request. 18. Staff agrees that some residential uses are appropriate for this property, and can support the proposed Comprehensive Plan Amendment. However, staff has concerns about the amount of Homeowners’ Association responsibilities, and whether the 35-ft. tall homes placed 10-feet from waters’ edge represent a sustainable house design and lot layout. Additionally, the HOA financing plan (from November 18) is inadequate for the amount of area it for which it is responsible. Staff views these issues as critical to the long term sustainability of the site; therefore, staff cannot support this request. 19. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Denial.
Ordinance - Zoning Case #ZC16-0071 - Granting C-C (Community Commercial) District Uses - Approximately 1.111 Acres Located at 2515 East Union Bower Road - Carver Mortuary Services, Applicant - ECP Investment LTD, Owner (Postponed from the November 10, 2016 City Council meeting.) Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: October 17, 2016 – Favorable 7-0 (Commissioners Richards and Zeske, absent), subject to the ordinance stipulating that ornamental trees and a row of hedges as specified on the tree list in Section 52-35a of the Zoning Ordinance be provided along the eastern driveway of the site. The applicant has submitted a landscape plan that meets the stipulations of the Planning and Zoning Commission. 2. The applicant is proposing to rezone the property to allow a crematory facility. 3. The C-C (Community Commercial) district allows “Any commercial business or service not included in any of the foregoing districts … provided that such uses shall be completely enclosed within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration…” 4. The facility will not operate as a funeral home or mortuary. No services will be held, and it will not be open to the general public. The facility will contain a furnace used for the cremation of human remains. Such facilities are strictly regulated by the State of Texas. 5. The site is mostly surrounded by nonresidential uses and will be unobtrusive to the area. Any redevelopment of the site must be in conformance with the city’s current landscaping requirements and commercial design standards. 6. This case was postponed at the November 10, 2016 City Council meeting to give the applicant the opportunity to meet with the neighboring property owner. The applicant has told staff that while he has had a productive meeting with the adjoining property owner, the neighbor will not submit a letter revoking the opposition. 7. Since the November 10 meeting, the applicant has submitted additional materials regarding the equipment to be used inside the building, and emissions tests that indicate no offensive odor, dust, gas fumes, noise or vibration will occur in the facility as a result of the use of this equipment. 8. A total of 11 public notices were mailed. Staff received none in support and one (1) in opposition to this request. The opposition represents 6.2% of the land within 200 feet of the subject property. Since this is less than 20%, per state law a ¾-vote is not required for approval. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Change #ZC16-0077 - Granting S-P-2 (Generalized Site Plan) for R-6 (Single Family) and Carport Uses - Approximately 0.17 Acres Located at 2800 Skylake Court - Reynaldo Martinez, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is proposing a carport that encroaches into the front yard setback. The carport will be utilized only for the storage of vehicles. 4. The carport will be framed into the existing house and be visible from the street, and constructed to drain toward the street. The carport will be constructed over the existing paved driveway. 5. The carport materials will consist of cedar wood, the roof will be shingled and new siding will be installed to match the existing house. 6. A total of 37 public notices were mailed. Staff has received three (3) responses in support and none in opposition to this request. 7. Since the site plan and proposed carport meets the carport design requirements with the exception of extending past the front building line, staff can support this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0078 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.131 Acres Located at 8701 Cypress Waters Boulevard, Suite 160 - NE DFW 2, LLC D/B/A Andrea Cheek, Applicant - CWR1 A, LLC and CWR1 B, LLC, Owners Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0, subject to the site plan being revised to show the suite crosshatched the same with “R-AB” on it, numbering the pages consecutively, and removing “(Confirmed by Inspections)” from the plan. 2. The stipulation of the Planning and Zoning Commission has been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 4. The applicant is requesting rezoning to allow an existing restaurant the accessory use of the sale of alcoholic beverages for on-premises consumption. 5. The subject property is a lease space in a multi-tenant retail building. The restaurant is 5,713 sq. ft. in area with 152 interior seats, and an outdoor patio with 32 seats for a total of 184 seats. A total of 72 parking spaces are required at one space per 2.5 seats, with 72 parking spaces provided as part of the retail center. 6. The building meets all of the Commercial Design Standards. 7. The request complies with all requirements of the R-AB ordinance. 8. A total of three (3) public notices were mailed. Staff received three (3) responses in support and none in opposition. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0079 - Granting S-P-2 (Generalized Site Plan) for ML-20 (Light Industrial) Uses - Approximately 19.63 Acres Located on the Southeast Corner of Valley View Lane and Rochelle Road - Johnson Development Associates, Applicant - Whiddon Family LTD PS, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to the following stipulations: (1) Rename “Site Plan, Sheet 2” to “Concept Plan”; (2) Remove the future parking spaces along Rochelle Road; (3) Change the “25’ Building Line” to a “30’ Building Line”; (4) Create a 30-ft wide landscape buffer along Valley View; (5) Add a note to the site plan stating, “All development shall be in substantial conformance with the Concept Plan”; and (6) Correcting the internal storage depth and driveway radii as directed by the Traffic and Transportation staff. 2. As of Friday, December 2, stipulations 2, 3, 4 and 6 of the Planning and Zoning Commission have been met. Staff anticipates the remaining stipulations will be met with the submittal of the next set of revised plans. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 4. The subject property is a 19.63 acre tract that is currently undeveloped. It is zoned C-C (Community Commercial) and S-P-2 (Generalized Site Plan) for C-C (Community Commercial) uses. It is also in the State Highway 161 Overlay District. 5. The applicant is proposing a 291,600 sq. ft. distribution center with flexible space for office or warehouse uses. A public entrance and parking fronts Valley View Lane, and a truck dock and trailer parking area is in the rear of the property with an additional entrance onto Rochelle Road. 6. The applicant is proposing a concrete tilt-up building with three materials. The tilt-up panels will provide 94% of the façade, but will be textured and painted to provide a varied appearance on all sides. Stone veneer and split-face concrete masonry unit veneer will provide the additional masonry types. With the articulation, the proposed elevations will meet the Commercial Design Standards. The rear of the building is entirely overhead dock doors, and will have parking, landscaping, and a drainage channel between it and adjacent IPAR (Industrial Park/Airport Related) zoned property. 7. The applicant is requesting a variance to the State Highway 161 Overlay District to allow an increase in the maximum parking. The required parking for warehouse is one space per 2,000 square feet for the first 100,000 square feet, and one space per 5,000 square feet thereafter. Surplus parking may be provided but may not exceed the minimum number required by more than 20 percent. The maximum proposed is 105 spaces. The applicant is providing 212 parking spaces as this is a speculative building and may have more than one user, and the applicant wishes to pour a complete parking lot with the initial development. All of thparking for this development as e parking will be on Valley View Lane. 8. Staff believes that since the building could have more office space than what is envisioned now, having additional parking constructed at this time is a reasonable request. 9. A total of 18 public notices were mailed. Staff received one response in support and none in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0080 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 1.84 Acres Located at 1638 West Shady Grove Road - JDJR Engineers and Consultants, Applicant - ITAO Corporation, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Postpone to November 21, 2016 9-0. November 21, 2016 – Denial 8-1 (Commissioner Richards, nay). 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The property is developed with a single residence with a driveway entrance on Shady Grove Road, and no access to Shadow Lane. The applicant is requesting rezoning to subdivide the property into seven (7) lots fronting on a cul-de-sac off of Shady Grove Road. 4. When the case was originally advertised, the applicant was requesting an S-P-2 (Generalized Site Plan) for ten R-ZLa (Zero Lot Line Residential) lots that would front onto a new street connecting the current dead-end of Shadow Lane to Shady Grove. After the case was postponed from the November 7 Planning and Zoning Commission meeting to the November 21 Commission meeting, the applicant modified the site plan to request S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) uses. Since this change is less intense/more restrictive than the original request, re-advertising this case was not necessary. 5. No variances to the R-7.5 district standards are being requested. All lots would comply with the required lot width, depth, area and setback requirements of the R- 7.5 district. However, due to the area and width of surrounding lots, the property is subject to the “Neighborhood Protection Ordinance.” The “Neighborhood Protection Ordinance” (Section 35-16(e) of the Subdivision Ordinance), requires that no lot or tract can be subdivided such that the resulting lots have an lot area or width less than 80 percent of the average lot area and width of the surrounding residentially zoned lots. Tracts or lots to be included in calculating the average lot size shall be those directly across the right of way from the subject property, and the three tracts or lots on either or both sides of the subject property. The applicant is asking that the lots have less width and area than the surrounding properties. 6. The proposed lots are smaller than the average minimum lot width and lot area, based on the area and dimensions of the surrounding properties. Three adjacent lots are approximately ½ acre in area. Two lots on Shady Grove are an acre or more in size; however, the lots on Shadow Lane are closer to 7,500 square feet as required by the R-7.5 zoning that covers most of the surrounding area. The large lot at the corner of Shady Grove and Irvin Road is vacant and owned by the City of Irving. 7. The current development proposal keeps Shadow Lane as a dead-end road. The Traffic and Fire departments have agreed to allow the dead-end to remain, and not connect to the new street. The alignment of the new cul-de-sac on Shady Grove Road has also been approved by the Traffic and Transportation Department and the Fire Department. 8. Staff believes the lots are generally in character with the surrounding neighborhood. Shadow Lane and the proposed street will not connect, preventing cut-through traffic. All the lots conform to the R-7.5 zoning district. Therefore, staff can support this request. 9. A total of 34 public notices were mailed. Staff received no responses in support and 50 responses in opposition to this request. The opposition represents 64.92% of the land within 200 feet of the subject property. Since this is greater than 20%, per state law a ¾ vote is required for approval. 10. On December 2 at 10:50 a.m., staff received a request to postpone this request until January 12, 2017. 11. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Postpone to January 12, 2017.
Ordinance - Zoning Case #ZC16-0081 - Granting S-P-2 (Generalized Site Plan) for R-ZLa (Single Family) Uses - Approximately 0.48 Acres Located at 505 Cedar Drive - JDJR Engineers and Consultants, Applicant - Victor Reyes, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The property is undeveloped. The applicant is requesting R-ZLa (Zero Lot-Line) district uses with an exception to the maximum lot coverage from 60% to 70% in order to subdivide the property into four lots for single family residential uses fronting on Pioneer Drive. 4. The proposed lots are between 45 and 50 feet wide, and will be 90 feet deep after a 20-ft wide right-of-way dedication along Pioneer Drive. The minimum lot size is 4,110 square feet. No driveway access is allowed on Pioneer Drive. A 15-ft wide mutual access easement for a 12-ft wide private alley accessing Cedar Drive runs along the north side of the properties. Each residence will provide a two-car garage that accesses the private alley, and garage doors will be 22 feet from the easement. 5. The property is surrounded by a mix of single family and office uses and zoning. Property to the west, northwest and east is zoned P-O (Professional Office) and is used for residential and office purposes. All of this property is unplatted. To the south are lots that are approximately 60 to 65 feet in width, zoned and used for residential and office uses. Slightly further to the northwest are townhomes, and retail uses begin slightly further to the east. 6. Staff has concerns about the lack of a usable back yard and of making these zero lot line lots. However, given the mix of surrounding zoning and uses and the lack of direct access onto Pioneer Drive, staff can support this proposal as an infill request. 7. A total of 29 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0084 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.061 Acres Located at 3341 Regent Boulevard, Suite 150 - In Fretta Stampede, LLC, Applicant - Stampede Crossing, LTD, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0, subject to showing the seating count on the interior floor plan. 2. The stipulation of the Planning and Zoning Commission has been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This use is in conformance with the Comprehensive Plan. 4. The subject property is a 2,500 sq. ft. lease space in a multi-tenant retail center. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on-premises consumption. 5. The restaurant will have 92 seats, including 74 indoor seats and a patio with 18 seats. A total of 31 parking spaces are required at one space per 2.5 seats and are provided in the retail center. 6. The request meets all of the requirements of the R-AB ordinance. 7. A total of seven (7) public notices were mailed. Staff received one (1) response in support and one (1) response in opposition to this request. The opposition represents 7.29% of the land within 200 feet of the subject property. Since this is less than 20%, per state law a ¾ vote is not required for approval. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0087 - Granting R-6 (Single Family) District Uses - Approximately 0.46 Acres Located at 302 Maltby Road - Lone Stallion Custom Homes, LLC - Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Postpone to December 5, 2016 9-0. December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting R-6 (Single Family) zoning to facilitate the development of two new single family houses. 4. On September 29, 2016 the applicant submitted a plat (PL16-0048) which would subdivide the property into two lots. The current zoning of R-7.5 (Single Family) requires a minimum lot width of 60 feet. The proposed plat illustrated two lots with a width of 50 feet, which is allowed in the R-6 district. 5. Plats must be in compliance with the approved zoning. 6. The adjacent properties to the north and south have both been rezoned to allow these lots to be subdivided into two lots. 7. The development of two new residential homes will enhance the neighborhood, and the lots are in character with the surrounding neighborhood. 8. A total of 18 public notices were mailed. Staff has received one (1) response in support and none in opposition to this request. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted.
53 Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides: ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s. ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision. 54 Resolution - Approving Sign Variance Case #S1611-0080 to Allow Height, Area, Location and Material Variances to Proposed Signs Within the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this variance will allow the Irving Music Factory to implement an iconic and appropriately themed signage program. 3. On March 20, 2014, the City Council approved variances to the City’s sign ordinance in order to install a variety of signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Proposed signs include enhanced site identification signs along the street frontages, monument signs, wall signs, banners, video screens, digital marquee signs, directional and wayfinding signs, and “district identification” signs that indicate various areas within the site. 5. Variances requested include size and height for the major site identification signs, the maximum and minimum distances projecting signs can extend from the face of a wall, the materials allowed for banner signs, and the ability for signs to extend above roof lines. 6. The package includes a request for a roof sign to be placed on the roof over the amphitheater. The Sign Ordinance prohibits roof signs, and does not include a provision for a variance or exception to this prohibition. Therefore, the requested roof sign cannot be approved through this application. The roof sign could be approved through the companion zoning case. 7. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented within the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 8. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the proposed roof sign over the amphitheater. 55 Resolution - Approving Special Sign Permit #S1611-0081 to Allow Digital Signs at Various Locations in the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this special sign permit will allow the Irving Music Factory to implement an iconic and appropriately themed digital signage program. 3. On March 20, 2014, the City Council approved a sign package for the Irving Music Factory in order to install a variety of digital signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development including certain signs with digital components. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Among these proposed signs are digital marquee signs along both the State Highway 114 and Las Colinas Blvd. frontages, LED screens or digital projection signs at several locations within the interior of the site, and directional signs for pedestrian guidance within the development. 5. Provisions in this special sign permit application include larger area and height for certain digital signs, allowances for interior LED screens or digital projection signs that are not visible from the roadways for the messages to change more frequently than typically allowed, and that certain signs may project above roof lines. 6. The proposed sign package includes two specific signs that staff cannot support. The first is a 1400 sq. ft., 40 ft. tall digital marquee sign placed on top of the northwest corner of the parking garage, adjacent to the S.H 114 frontage, labeled in the sign package as E8: Digital Marquee Hwy 114 Location. As proposed the sign would be a total of 82 ft. above the ground and project over the edge of the parking garage toward the highway. Staff believes this sign is too high, detracts from the architecture and design of the parking garage and office tower, and appears out of scale with its surroundings. The applicant states that this sign is needed for the following reasons: (1) physical space for the original vertical sign and its large foundation is severely limited at the original location due to a water line, DCURD easement, Hwy 114 right of way, and proximity of the C1 building; (2) moving the sign to the southwest corner is not practical due to an outdoor exit stair, DCURD easement, curb and little/no visibility from southbound traffic at this location; (3) sight line studies performed by Gensler showed the sign would gain much better visibility if it was integrated into the northwest corner of the garage; (4) the digital marquee is oriented away from the proposed hotel rooms to the north and will not impact them; and (5) the marquee is smaller than allowed, but a variance on the height is part of this request. 7. The second sign staff cannot support is a 650 sq. ft., 51 ft. high digital marquee sign along the Las Colinas Boulevard frontage, near the middle entrance to the site labeled as E8: Digital Marquee – Las Colinas Blvd Location. This sign would extend more than 31 feet away from the building and over the pedestrian walkway that runs in front of the restaurant spaces. Staff believes this sign is out of scale with its surroundings, disrupts the building architecture, and detracts from the overall streetscape. The applicant states that this sign is needed for the following reasons: (1) due to tree spacing along Las Colinas Boulevard (required by LCA) and trees in front of the buildings, the original shorter and smaller digital marquee would not be seen by vehicles on Las Colinas Blvd.; (2) the A2 building is 60 ft. high and the top 45 ft. of the mass is windowless due to the movie theater component, but the sign is high enough so pedestrians can see the tenant signage, and people in cars can see the marquee; (3) the sign is at the main entrance from Las Colinas Blvd. so the sign does a good job of announcing this entry in scale with the project; and (4) walking under the digital marquee enhances the experience of pedestrians being at an entertainment center. 8. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented with the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 9. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the E8 Digital signs at the northwest corner of the parking garage and at the entrance from Las Colinas Boulevard. 56 Ordinance - Zoning Case #ZC16-0091 - Granting S-P-1 (R-AB) Site Plan District Use for Restaurant with Attendant Accessory Use of the Sale of Alcoholic Beverages for On-premises Consumption, and Convention Center, Retail, Entertainment, Hotel, Restaurant and Related Uses - Approximately 16.878 Acres Located North of Fuller Drive and West of West Las Colinas Boulevard - the Ark Group of Irving, Inc., Applicant - City of Irving, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends ???????????????????????? ???????????? uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting approval of a modification of the current S-P-1 (R-AB) zoning for the Irving Music Factory to allow additional office uses. 4. The zoning site plan approved in February 2014 (case #ZC13-0048) stipulated a maximum of 100,000 square feet of office space and a 30,000 square foot fitness center. 5. The proposed site plan eliminates the fitness center, allowing that level to be used for parking, and increases the maximum “office/retail flex” space to 135,800 square feet. 6. Additionally, the applicant is seeking approval of a 10,400 square foot roof sign to be painted on the roof of the amphitheater. Such a sign can only be approved through a site plan zoning case. The applicant’s letter justifies the request on the basis that it will help distinguish the site from the air, and that such signs are customary on large entertainment venues around the country. 7. All other aspects and conditions of the previously approved case are unchanged and carried forward to this site plan. 8. From a land use perspective, the elimination of the fitness center and the additional office space are relatively minor changes, and staff can support these requests. Regarding the roof sign, such signs are not allowed in the sign ordinance, and the previous policy direction of the City Council has been to disallow such signage. 9. A total of six (6) public notices were mailed. Staff has not received any responses in support or in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Staff recommends the following: (1) approval of the elimination of the fitness center; (2) approval of the increased office space; and (3) denial of the request for a roof sign.
53 Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides: ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s. ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision.
54 Resolution - Approving Sign Variance Case #S1611-0080 to Allow Height, Area, Location and Material Variances to Proposed Signs Within the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this variance will allow the Irving Music Factory to implement an iconic and appropriately themed signage program. 3. On March 20, 2014, the City Council approved variances to the City’s sign ordinance in order to install a variety of signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Proposed signs include enhanced site identification signs along the street frontages, monument signs, wall signs, banners, video screens, digital marquee signs, directional and wayfinding signs, and “district identification” signs that indicate various areas within the site. 5. Variances requested include size and height for the major site identification signs, the maximum and minimum distances projecting signs can extend from the face of a wall, the materials allowed for banner signs, and the ability for signs to extend above roof lines. 6. The package includes a request for a roof sign to be placed on the roof over the amphitheater. The Sign Ordinance prohibits roof signs, and does not include a provision for a variance or exception to this prohibition. Therefore, the requested roof sign cannot be approved through this application. The roof sign could be approved through the companion zoning case. 7. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented within the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 8. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the proposed roof sign over the amphitheater.
55 Resolution - Approving Special Sign Permit #S1611-0081 to Allow Digital Signs at Various Locations in the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this special sign permit will allow the Irving Music Factory to implement an iconic and appropriately themed digital signage program. 3. On March 20, 2014, the City Council approved a sign package for the Irving Music Factory in order to install a variety of digital signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development including certain signs with digital components. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Among these proposed signs are digital marquee signs along both the State Highway 114 and Las Colinas Blvd. frontages, LED screens or digital projection signs at several locations within the interior of the site, and directional signs for pedestrian guidance within the development. 5. Provisions in this special sign permit application include larger area and height for certain digital signs, allowances for interior LED screens or digital projection signs that are not visible from the roadways for the messages to change more frequently than typically allowed, and that certain signs may project above roof lines. 6. The proposed sign package includes two specific signs that staff cannot support. The first is a 1400 sq. ft., 40 ft. tall digital marquee sign placed on top of the northwest corner of the parking garage, adjacent to the S.H 114 frontage, labeled in the sign package as E8: Digital Marquee Hwy 114 Location. As proposed the sign would be a total of 82 ft. above the ground and project over the edge of the parking garage toward the highway. Staff believes this sign is too high, detracts from the architecture and design of the parking garage and office tower, and appears out of scale with its surroundings. The applicant states that this sign is needed for the following reasons: (1) physical space for the original vertical sign and its large foundation is severely limited at the original location due to a water line, DCURD easement, Hwy 114 right of way, and proximity of the C1 building; (2) moving the sign to the southwest corner is not practical due to an outdoor exit stair, DCURD easement, curb and little/no visibility from southbound traffic at this location; (3) sight line studies performed by Gensler showed the sign would gain much better visibility if it was integrated into the northwest corner of the garage; (4) the digital marquee is oriented away from the proposed hotel rooms to the north and will not impact them; and (5) the marquee is smaller than allowed, but a variance on the height is part of this request. 7. The second sign staff cannot support is a 650 sq. ft., 51 ft. high digital marquee sign along the Las Colinas Boulevard frontage, near the middle entrance to the site labeled as E8: Digital Marquee – Las Colinas Blvd Location. This sign would extend more than 31 feet away from the building and over the pedestrian walkway that runs in front of the restaurant spaces. Staff believes this sign is out of scale with its surroundings, disrupts the building architecture, and detracts from the overall streetscape. The applicant states that this sign is needed for the following reasons: (1) due to tree spacing along Las Colinas Boulevard (required by LCA) and trees in front of the buildings, the original shorter and smaller digital marquee would not be seen by vehicles on Las Colinas Blvd.; (2) the A2 building is 60 ft. high and the top 45 ft. of the mass is windowless due to the movie theater component, but the sign is high enough so pedestrians can see the tenant signage, and people in cars can see the marquee; (3) the sign is at the main entrance from Las Colinas Blvd. so the sign does a good job of announcing this entry in scale with the project; and (4) walking under the digital marquee enhances the experience of pedestrians being at an entertainment center. 8. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented with the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 9. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the E8 Digital signs at the northwest corner of the parking garage and at the entrance from Las Colinas Boulevard.
Ordinance - Zoning Case #ZC16-0091 - Granting S-P-1 (R-AB) Site Plan District Use for Restaurant with Attendant Accessory Use of the Sale of Alcoholic Beverages for On-premises Consumption, and Convention Center, Retail, Entertainment, Hotel, Restaurant and Related Uses - Approximately 16.878 Acres Located North of Fuller Drive and West of West Las Colinas Boulevard - the Ark Group of Irving, Inc., Applicant - City of Irving, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting approval of a modification of the current S-P-1 (R-AB) zoning for the Irving Music Factory to allow additional office uses. 4. The zoning site plan approved in February 2014 (case #ZC13-0048) stipulated a maximum of 100,000 square feet of office space and a 30,000 square foot fitness center. 5. The proposed site plan eliminates the fitness center, allowing that level to be used for parking, and increases the maximum “office/retail flex” space to 135,800 square feet. 6. Additionally, the applicant is seeking approval of a 10,400 square foot roof sign to be painted on the roof of the amphitheater. Such a sign can only be approved through a site plan zoning case. The applicant’s letter justifies the request on the basis that it will help distinguish the site from the air, and that such signs are customary on large entertainment venues around the country. 7. All other aspects and conditions of the previously approved case are unchanged and carried forward to this site plan. 8. From a land use perspective, the elimination of the fitness center and the additional office space are relatively minor changes, and staff can support these requests. Regarding the roof sign, such signs are not allowed in the sign ordinance, and the previous policy direction of the City Council has been to disallow such signage. 9. A total of six (6) public notices were mailed. Staff has not received any responses in support or in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Staff recommends the following: (1) approval of the elimination of the fitness center; (2) approval of the increased office space; and (3) denial of the request for a roof sign.
Dec 08, 2016 City Council
Invocation Reverend Keith Bateman, Irving First Church of Nazarene Pledge Of Allegiance
Proclamations, Announcements, and Special Recognitions
Proclamations, Announcements, and Special Recognitions
Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda.
City Operations Update A. Construction Update on Embassy Channel and Brockbank Channel Improvements B. TRAPS North Region Excellence in Maintenance Award - Flood Response Program C. Planning and Community Development Video - Grant Funded Projects for Low Income Areas
Resolution - Approving a Professional Services Agreement Between the City of Irving and Komatsu Architecture, in the Amount of $214,323.00, for the Planning, Design and Construction Administration of the Irving Museum and Heritage Center Located on the First Floor of the old Central Library Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: This agreement is a comprehensive architectural and engineering services contract that will provide expertise and knowledge to ensure that the old Central Library will be renovated to meet the needs of the Irving Museum and Heritage Center. This design project will work in conjunction with the Museum Planner to insure the Heritage Museum will meet all code requirements. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. Requests for qualifications were solicited for these services. Qualifications were received from four architectural firms. Three firms were selected to be interviewed. The interview panel included members of the Capital Improvement Program Department, Irving Art Center, Building and Equipment Services, and Archives. 5. Based on experience and the firms high level of knowledge and expertise related to Komatsu Architecture for the planning, design and construction administration associated with the Irving Museum and Heritage Center. 6. The architectural design contract includes $162,183.00 for the design of the museum renovations and $45,465.00 for the design of the upgrade renovations for public spaces on the first and second floors. To improve the main public spaces which provide access to the Museum and Innovation Center, $450,000.00 has been allocated for upgrades to the finishes in the Entry Foyer, Lobby and Restrooms on the first and second floors. These funds are available in the Economic Development Fund and City Building Improvement Bond Fund. 7. This is the second step of a two-step process. An Authority to Negotiate was approved by council Resolution 2016-400 on October 27, 2016. 8. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. 9. Funding in the amount of $166,270.49 is available within the Heritage and Museum Fund; and funding in the amount of $22,584.68 is available within the Economic Development Fund; and funding in the amount of $25,467.83 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved.
Resolution - Awarding a Contract to Toxey/McMillan Design Associates LLC in an Amount Not to Exceed $900,000.00, for the Museum Planning and Exhibit Development for the Irving Museum and Heritage Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: This award provides Museum Planning Services as well as design and construction of the exhibits to be included in the Irving Heritage Museum planned for the first floor of the Central Library Building. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. Proposals were received from four vendors. Three were chosen to be interviewed. Toxey/McMillan Design Associates LLC determined to be the firm to have the best museum planning and design team expertise and presented the lowest, best and most responsive proposal for the museum exhibits. 5. The proposal included a range of exhibits including traditional museum static displays to high-tech exhibits using video and animation. 6. Toxey/McMillan will received $185,000 for the coordination of the museum layout and design, $700,000 for the implementation and construction of the exhibits and $15,000 for reimbursable expenses. 7. Minority- and or Women-owned Business (M/WBE) participation in this award is 100%. 8. Funding in the amount of $900,000.00 is available within the Heritage and Museum Fund. Recommendation The resolution be approved.
Resolution - Approving an Economic Incentive Agreement Between the City of Irving and Atos IT Solutions and Services, Inc., in an Amount Dependent Upon Annual Qualification Administrative Comments 1. This item is recommended by the Economic Development Department. 2. Impact: Approval of this incentive agreement will assist in attracting Atos IT Solutions and Services, Inc., to the City of Irving. 3. This incentive agreement was discussed at the October 26, 2016 Executive Session of the Irving City Council Work Session meeting. 4. Atos IT Solutions and Services, Inc., plans to establish a designated regional headquarters providing information technology services (e.g., consulting and systems integration services, managed services and BPO, cloud operations, etc.). 5. The City, along with the Greater Irving/Las Colinas Chamber of Commerce, has worked with Atos to attract the company and their investment to the City of Irving. 6. Minimum qualification levels for this incentive is the construction and occupancy of 99,000 square feet of office space; new real property improvement value of $4,000,000; new business personal property value of $3,000,000; and 500 employees with an average annual salary of $70,000. 7. The City will provide a grant equivalent to ninety percent (90%) of real property taxes paid on new taxable value over $13,731,560 for five years. The City also will provide a grant equivalent to ninety percent (90%) of business personal property taxes paid for five years. Atos is required to maintain minimum qualification levels annually during the five-year term plus for an additional three years. 8. The City anticipates the net new benefit after incentives in real property taxes, business personal property taxes and sales taxes to be $428,689 during the five-year term of the agreement. The approximate value of the incentive to Atos is $187,142. Recommendation The resolution be approved.
Resolution - Nominating Nationstar Mortgage Holdings, Inc., to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank for Designation as a Qualified Business and an Enterprise Project Under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code Administrative Comments 1. This item is recommended by the Economic Development Department. 2. Impact: Nomination of Nationstar, for participation in the Texas Enterprise Zone Program will allow for in excess of $5 million of capital investments over the next five years. 3. The Texas Enterprise Zone Act allows a governing body to nominate projects within its jurisdiction to the Office of the Governor for incentives provided by the State of Texas. Should Nationstar, be selected for the Enterprise Project designation, they will receive a State sales tax reimbursement (State portion) that will be reinvested in the Irving facility. 4. Nationstar Mortgage Holdings, Inc., has operations at 4000 Horizon Way and houses 1,844 employees at this site. This facility contains much of the servicing operations for the company. 5. Nationstar, estimates that it will invest approximately $5 million over the next five years in the Irving facility. The investment will be primarily for furniture, fixtures, and equipment used within the building. Nationstar is requesting benefit for the retention of 500 jobs due to the proposed capital investments. 6. Nationstar also commits to hiring at least 35% economically disadvantaged employees for its new or replacement personnel as required by the Texas Enterprise Zone Statute. 7. The Enterprise Zone designation will terminate on December 1, 2021. Recommendation The resolution be approved.
Resolution - Approving General Contractors for Tenant Finish Out Construction of Restaurants and Retail Businesses at the Irving Entertainment Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 3.4 – Complete “signature projects”. 2. Impact: This item approves four general contractors for tenant finish out construction of the restaurant and retail businesses at the Irving Entertainment Center. The various restaurant and retail companies with leases will contract with approved general contractors for the completion of restaurant and retail spaces. 3. This item will be discussed at the Transportation and Natural Resources Committee on December 7, 2016. 4. ARK Group of Irving, Inc., has selected Skanska USA Building, Inc., as the general contractor to construct the Irving Entertainment Center and they are under contract to provide the completed shell buildings for the retail businesses. 5. The development agreement provides that the selection of general contractors is subject to the City Council’s approval. This item includes the approval of the following general contractors for tenant finish out of the restaurant and retail spaces: a. Parkway Construction b. Dickinson Cameron Construction Company, Inc. c. Azteca Enterprise, Inc. d. Highland Builders, Inc. 6. The construction contract is subject to the approval of City’s designee. Approval of the resolution does not commit funds for construction. 7. The development agreement requires compliance with the Good Faith Effort Program. The M/WBE goal is 30 percent and will be monitored during construction. 8. These four general contractors provided required due diligence package to the City for review. Staff is satisfied that these companies are qualified and capable to perform as general contractor for this project. 9. This resolution also delegates future general contractor approvals for tenant finish out construction to the City Manager or his designee. This is being recommended because there may be as many as 10 to 15 additional tenant finish out general contractors associated with the 25 plus restaurants and retail spaces under lease at the Irving Music Factory.
Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision.
Resolution - Approving Preliminary/Final Plat - PL16-0020 - Bear Creek Corporate Center - Approximately 16.06 Acres Located on Southeast Corner of State Highway 161 and Conflans Road - Avere Real Estate, Applicant - Codi Land and Cattle, LP, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 - Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The applicant is platting the property into one lot for commercial development. 3. This property was rezoned in September 2016 per zoning case #ZC16-0032. At the time, it was acknowledged that drainage would be a significant issue at time of platting. 4. The plat includes a public drainage easement from Conflans Road to the middle of the site, where it terminates into a large private drainage easement. The size of the easement may reduce the total number and size of buildings in this development. 5. The following exception to the Subdivision Ordinance will require this plat to be forwarded to the City Council: In all instances, save and except where the width and/or size of the drainage channel renders it uneconomical and/or impractical as determined by the city council, it is the policy of the city to have improved all drainage channels by owner installation of reinforced concrete pipe or concrete lining. The final decision as to the size and/or type of channel improvements shall reside in the city council. The applicant is proposing drainage easements for unlined drainage channels. 6. The plat complies with the approved zoning site plan and with all other requirements of the Subdivision Ordinance. 7. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved, subject to correcting the approval signature block.
Resolution - Approving Replat - PL16-0038 - Northgate Commerce Center, 1st Revision - Approximately 24.57 Acres Located Northeast of Northgate Drive and Valley View Lane - Halff Associates, Inc., Applicant - 4409 Montrose, Ltd., Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Technical Denial 9-0. 2. The purpose of this replat is to recognize the abandonment of easements and dedicate new easements to facilitate development of the property into a distribution warehouse facility north of Northgate Drive and east of Valley View Lane. 3. This plat recognizes the abandonment of the following easements: A. Two (2) 10-ft. wide Gas and Telecommunications Easements. B. Two (2) 10-ft. wide ONCOR Electric Deliver Company Easements. C. One (1) 15-ft. wide storm drainage easement. These abandonments were approved by City Council on October 27, 2016, per Ordinance No. ORD-2016-9874. 4. This plat dedicates the following new easements: A. Four (4) 15-ft. wide sidewalk easements along Valley View Lane. B. A water easement along Valley View Lane. C. A 15-ft. wide storm drainage easement. 5. An earthen channel passes through the east side of the lot. 6. The owner has provided the Traffic Department with a letter of understanding that the construction plans for Valley View Lane must be reviewed and approved prior to issuance of a building permit on the lot. 7. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for consideration: Section 35-26 of the subdivision ordinance requires installation of drainage channels of reinforced concrete pipe or concrete lining. The plat proposes to leave the drainage channel in its natural state. 8. The plat complies with all other requirements of the Subdivision Ordinance. 9. The property is proposed to be developed as a build-to-suit, owner-occupied warehouse facility. The City is currently considering an incentive agreement for the proposed development. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved.
Resolution - Approving Replat - PL16-0053 - BAPS Southwest Addition, 2nd Revision - Approximately 20.28 Acres Located at 4601 North State Highway 161 - JDJR Engineers and Consultants, Inc., Applicant - BAPS Southwest, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Technical Denial 9-0. 2. The purpose of this replat is to combine all of the property under the same ownership into one lot for religious institution uses. 3. This plat dedicates a 15-ft. wide utility easement along State Highway 161. 4. The following exception to the Subdivision Ordinance requires this case to be forwarded to the City Council for action: Section 35-26 of the Subdivision Ordinance requires installation of drainage channels of reinforced concrete pipe or concrete lining. The plat has an existing a 50-ft. wide open drainage ditch easement through which the storm water will be routed. 5. The plat complies with all other requirements of the Subdivision Ordinance and the approved zoning. 6. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The resolution be approved.
Ordinance - Zoning Case #ZC16-0026 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.80 Acres Located on the West Side of Esters Road, South of State Highway 183 - Humberto Castillo, Applicant - Vito's Pizza and Grill, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to the following stipulations: (1) Total number of seats with the parking requirement of one space for each 2.5 seats being shown in the site tabulation; (2) All development will conform to the State Highway 183 Overlay District and Section 52-35c, Commercial Design Standards, unless otherwise noted herein; (3) All landscaping shall comply with the State Highway 183 Overlay District and Section 52-35a, Landscaping and Tree Preservation, unless otherwise noted herein; and (4) Remove duplicate notes as directed by staff. 2. The stipulations of the Planning and Zoning Commission have been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This use is in conformance with the Comprehensive Plan. 4. The subject property is an undeveloped tract of land that is being subdivided from a larger tract to front Esters Road. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on premises consumption for a free-standing 5,065 sq. ft. restaurant, and will have 142 seats, including 20 seats on the patio. 5. A total of 51 parking spaces are required at one space per 100 sq. ft. in the State Highway 183 Overlay District. The applicant is providing 59 parking spaces. 6. The request meets all of the requirements of the R-AB ordinance. 7. A total of 11 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0065 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.5 Acres Located at 1820 Williams Road - Higinio Tellez, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to making minor typographical corrections as directed by staff. The stipulation of the Planning and Zoning Commission has been met. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The subject property is developed with an existing single family residence and an existing 600 sq. ft. detached garage that are in conformance with the R-7.5 zoning. 4. The applicant is demolishing a portion of the house to add a 2-story addition to the house with a 30-foot by 40-foot footprint, that will be built with five feet of separation from the existing garage at the corners. 5. The R-7.5 zoning district requires a 10-foot separation between structures. However, safety and building code requirements can be met with the proposed five foot separation, and will allow the homeowner to add a rectangular foundation for this addition. 6. Since all building code requirements will be met, staff has no objection to the request. 7. A total of 11 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0068 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.067 Acres Located at 8704 Cypress Waters Boulevard, Suite 190 - 4 Slices, LLC, Applicant - CWR2A, LLC and CWR2 B, LLC, Owners Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The subject property is a 1,840 sq. ft. lease space in a multi-tenant retail center. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on-premises consumption. 4. The restaurant will have 128 seats, including a patio with 32 seats. A total of 52 parking spaces are required at one space per 2.5 seats and are provided in the retail center. 5. The request meets all of the requirements of the R-AB ordinance. 6. A total of four (4) public notices were mailed. Staff received three (3) responses in support and none in opposition to this request. 7. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0070 - Amending the Comprehensive Plan to Change the Recommended Land Use from "Commercial" to "Low Density Residential", and Granting S-P-2 (Generalized Site Plan) for R-6 (Single Family) District Uses - Approximately 6.23 Acres Located at 1525 Hard Rock Road - JDJR Engineers & Consultants, Inc., Applicant - Blake Bloomfield, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 7-2 (Commissioners Niemeier and Taylor, nay). 2. The applicant is proposing to amend the 2008 Comprehensive Plan Future Land Use Map from “Commercial” uses to “Low Density Residential” uses to allow the property to retain the existing residence, and to add ten (10) new single family homes. 3. The applicant provided a letter requesting to amend the Comprehensive Plan for the following reasons: 1) the likelihood of the tract being developed with commercial uses is low due to the shape and configuration of the property, and the developable portion is very shallow and does not lend itself for commercial development; and 2) the majority of recent development in the area has been for townhouses and single family uses and the proposed use would be compatible with existing uses. 4. The 2008 Comprehensive Plan states that, should an applicant desire that an area designated for non-residential use transition to a residential use, the request should meet seven criteria. The seven criteria are as follows: a) The area should be physically appropriate (i.e., size, shape, etc.) for residential use. b) The area is an extension of a residential neighborhood shown on the Generalized Future Land Use Map and is not separated from the neighborhood by a major thoroughfare. c) The rezoning will not create a situation where non-residential traffic will negatively impact established and proposed future neighborhoods; d) The rezoning would not result in a shortage of land designated for nonresidential development; e) The proposed rezoning is not for traditional multi-family development. f) The rezoning would not leave a residual tract of non-residentially zoned property which could negatively impact the proposed residential use. g) The rezoning would provide for an appropriate transition between residential and non-residential uses through separation by distance, screening, or land use. 5. The proposed development meets the criteria as follows: ? The proposed site is approximately 6.23 acres, is physically appropriate and would accommodate a residential use. ? The property is adjacent to a senior housing facility on the south and property recently zoned for single family (low density) residential on the north and is not separated from the neighborhood by a major thoroughfare. ? The rezoning for 10 new residential lots will not negatively impact established or future neighborhoods. ? The shape and configuration with the developable portion of this property being very shallow does not lend itself for commercial development, so rezoning of this site would not create a shortage of land designated for non-residential development. This proposed project is for a single family development. It does not leave a residual tract which would not conform to the future land use plan. The proposed project will be integrated appropriately into the area with the proposed single family to the north and the senior housing to the south. Staff believes the proposed comprehensive plan amendment meets all seven of the criteria. 6. This property is within the DFW Airport 65 LDN noise contour. In 2007, the City Council adopted a policy that residential development in areas subject to noise impacts of 65 LDN or greater from DFW Airport could be relaxed when a development application includes requirements for (1) noise attenuation construction techniques as established in the currently adopted Building Code, (2) dedication of avigation easements in favor of the City of Irving and DFW Airport, and (3) additional notification to purchasers of the property about the proximity of the property to DFW Airport and potential noise impacts resulting from such proximity. These requirements are included on the site plan. 7. The proposed layout creates ten (10) new single family lots which will front onto Hard Rock Road with four new driveways. Lot 1 will have its own driveway onto Hard Rock Road. Lots 2 and 3 would share a driveway. Lots 4-11 would share access to a 22-foot wide access driveway, which would itself have 2 access points onto Hard Rock Road. The existing house on Lot 12 would maintain its own driveway. 8. The site plan includes the following modifications to the R-6 (Single Family) district requirements: Required Provided Maximum Building Height 25 feet 2 ½ stories or 35 feet Front Yard Setback 25 feet 15 feet Rear Yard Setback 20 feet 10 feet Maximum Lot Coverage By Principal Building 40 percent 50% 9. As proposed, the back of the homes can be as close as 10-feet from waters’ edge. Normal pool elevation of the lake is just 1 ½ feet below the proposed trail. 10. The site plan includes a 25-ft. garage door setback for Lots 1-4 and 12. Lots 6-11 include a “22-ft. garage door setback” from the edge of the driveway easement, which is over 52 feet from the actual property line. Likewise, the “8-ft. front building line” on these lots is over 30 feet from the property line, but is 8 feet from the mutual access driveway. 11. The property setbacks and access easements would allow for a maximum building pad of approximately 4,100 square feet for Lots 1-4, and a maximum of approximately 2,750 square feet on Lots 6-11. 12. The site plan proposes a 5-foot wide “sidewalk/trail” amenity. This would run on the inside of Lots 1-4 and part of Lot 10, and outside of lots 6-11 and part of Lot 10. According to the applicant’s Homeowners Association Guidelines and Responsibilities, the HOA would be responsible for maintenance of the trail on individual lots. 13. A distinctive feature is the private lake running along the western side of the subdivision. However, the access to the lake from Hard Rock Road needs to be secured before and after construction, and no boating or swimming should be allowed. 14. This case was postponed from the November 7, 2016 Planning and Zoning Commission meeting. On November 10, 2016, the applicant met with staff to determine whether or not the proposed development could be revised in an effort to get a favorable recommendation from staff. Staff reiterated its request that the applicant provide evidence that a 10-lot Homeowners’ Association can maintain its fiscal responsibilities of maintaining the mutual access easements and driveways, retaining walls, a private sidewalk/trail, and a substantial portion of the lake itself. Staff also requested sample cross-sections illustrating how the property could be developed given the grade of the site, height of the homes, and the normal lake levels. 15. On November 7, 2016, the applicant provided a narrative of the “Home Owners Association Guidelines and Responsibilities”, including responsibilities, estimated expenses, dues and income analysis. After reviewing the narrative, staff does not believe it to be a realistic estimation of the costs for capital maintenance of the items mentioned in the previous paragraph. The narrative has language in it that would allow adjustments to the plan after six months, which is not typical of what a Homeowners’ Association would provide. A copy of the staff analysis is included in this packet, along with the applicant’s response from November 18. 16. On December 1, staff received a revised HOA financing and implementation plan from the applicant. Staff was unable to review this new information prior to the distribution of the packets; however, staff will review the document and provide its analysis to the City Council at the work session. 17. A total of 17 public notices were mailed. Staff received one (1) response in support and two (2) responses in opposition. The opposition represents 47.34% of the land within 200 feet of the subject property. Since this is greater than 20%, a ¾-vote is required for approval of this request. 18. Staff agrees that some residential uses are appropriate for this property, and can support the proposed Comprehensive Plan Amendment. However, staff has concerns about the amount of Homeowners’ Association responsibilities, and whether the 35-ft. tall homes placed 10-feet from waters’ edge represent a sustainable house design and lot layout. Additionally, the HOA financing plan (from November 18) is inadequate for the amount of area it for which it is responsible. Staff views these issues as critical to the long term sustainability of the site; therefore, staff cannot support this request. 19. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Denial.
Ordinance - Zoning Case #ZC16-0071 - Granting C-C (Community Commercial) District Uses - Approximately 1.111 Acres Located at 2515 East Union Bower Road - Carver Mortuary Services, Applicant - ECP Investment LTD, Owner (Postponed from the November 10, 2016 City Council meeting.) Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: October 17, 2016 – Favorable 7-0 (Commissioners Richards and Zeske, absent), subject to the ordinance stipulating that ornamental trees and a row of hedges as specified on the tree list in Section 52-35a of the Zoning Ordinance be provided along the eastern driveway of the site. The applicant has submitted a landscape plan that meets the stipulations of the Planning and Zoning Commission. 2. The applicant is proposing to rezone the property to allow a crematory facility. 3. The C-C (Community Commercial) district allows “Any commercial business or service not included in any of the foregoing districts … provided that such uses shall be completely enclosed within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration…” 4. The facility will not operate as a funeral home or mortuary. No services will be held, and it will not be open to the general public. The facility will contain a furnace used for the cremation of human remains. Such facilities are strictly regulated by the State of Texas. 5. The site is mostly surrounded by nonresidential uses and will be unobtrusive to the area. Any redevelopment of the site must be in conformance with the city’s current landscaping requirements and commercial design standards. 6. This case was postponed at the November 10, 2016 City Council meeting to give the applicant the opportunity to meet with the neighboring property owner. The applicant has told staff that while he has had a productive meeting with the adjoining property owner, the neighbor will not submit a letter revoking the opposition. 7. Since the November 10 meeting, the applicant has submitted additional materials regarding the equipment to be used inside the building, and emissions tests that indicate no offensive odor, dust, gas fumes, noise or vibration will occur in the facility as a result of the use of this equipment. 8. A total of 11 public notices were mailed. Staff received none in support and one (1) in opposition to this request. The opposition represents 6.2% of the land within 200 feet of the subject property. Since this is less than 20%, per state law a ¾-vote is not required for approval. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Change #ZC16-0077 - Granting S-P-2 (Generalized Site Plan) for R-6 (Single Family) and Carport Uses - Approximately 0.17 Acres Located at 2800 Skylake Court - Reynaldo Martinez, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is proposing a carport that encroaches into the front yard setback. The carport will be utilized only for the storage of vehicles. 4. The carport will be framed into the existing house and be visible from the street, and constructed to drain toward the street. The carport will be constructed over the existing paved driveway. 5. The carport materials will consist of cedar wood, the roof will be shingled and new siding will be installed to match the existing house. 6. A total of 37 public notices were mailed. Staff has received three (3) responses in support and none in opposition to this request. 7. Since the site plan and proposed carport meets the carport design requirements with the exception of extending past the front building line, staff can support this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0078 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.131 Acres Located at 8701 Cypress Waters Boulevard, Suite 160 - NE DFW 2, LLC D/B/A Andrea Cheek, Applicant - CWR1 A, LLC and CWR1 B, LLC, Owners Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0, subject to the site plan being revised to show the suite crosshatched the same with “R-AB” on it, numbering the pages consecutively, and removing “(Confirmed by Inspections)” from the plan. 2. The stipulation of the Planning and Zoning Commission has been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 4. The applicant is requesting rezoning to allow an existing restaurant the accessory use of the sale of alcoholic beverages for on-premises consumption. 5. The subject property is a lease space in a multi-tenant retail building. The restaurant is 5,713 sq. ft. in area with 152 interior seats, and an outdoor patio with 32 seats for a total of 184 seats. A total of 72 parking spaces are required at one space per 2.5 seats, with 72 parking spaces provided as part of the retail center. 6. The building meets all of the Commercial Design Standards. 7. The request complies with all requirements of the R-AB ordinance. 8. A total of three (3) public notices were mailed. Staff received three (3) responses in support and none in opposition. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0079 - Granting S-P-2 (Generalized Site Plan) for ML-20 (Light Industrial) Uses - Approximately 19.63 Acres Located on the Southeast Corner of Valley View Lane and Rochelle Road - Johnson Development Associates, Applicant - Whiddon Family LTD PS, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0 subject to the following stipulations: (1) Rename “Site Plan, Sheet 2” to “Concept Plan”; (2) Remove the future parking spaces along Rochelle Road; (3) Change the “25’ Building Line” to a “30’ Building Line”; (4) Create a 30-ft wide landscape buffer along Valley View; (5) Add a note to the site plan stating, “All development shall be in substantial conformance with the Concept Plan”; and (6) Correcting the internal storage depth and driveway radii as directed by the Traffic and Transportation staff. 2. As of Friday, December 2, stipulations 2, 3, 4 and 6 of the Planning and Zoning Commission have been met. Staff anticipates the remaining stipulations will be met with the submittal of the next set of revised plans. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 4. The subject property is a 19.63 acre tract that is currently undeveloped. It is zoned C-C (Community Commercial) and S-P-2 (Generalized Site Plan) for C-C (Community Commercial) uses. It is also in the State Highway 161 Overlay District. 5. The applicant is proposing a 291,600 sq. ft. distribution center with flexible space for office or warehouse uses. A public entrance and parking fronts Valley View Lane, and a truck dock and trailer parking area is in the rear of the property with an additional entrance onto Rochelle Road. 6. The applicant is proposing a concrete tilt-up building with three materials. The tilt-up panels will provide 94% of the façade, but will be textured and painted to provide a varied appearance on all sides. Stone veneer and split-face concrete masonry unit veneer will provide the additional masonry types. With the articulation, the proposed elevations will meet the Commercial Design Standards. The rear of the building is entirely overhead dock doors, and will have parking, landscaping, and a drainage channel between it and adjacent IPAR (Industrial Park/Airport Related) zoned property. 7. The applicant is requesting a variance to the State Highway 161 Overlay District to allow an increase in the maximum parking. The required parking for warehouse is one space per 2,000 square feet for the first 100,000 square feet, and one space per 5,000 square feet thereafter. Surplus parking may be provided but may not exceed the minimum number required by more than 20 percent. The maximum proposed is 105 spaces. The applicant is providing 212 parking spaces as this is a speculative building and may have more than one user, and the applicant wishes to pour a complete parking lot with the initial development. All of thparking for this development as e parking will be on Valley View Lane. 8. Staff believes that since the building could have more office space than what is envisioned now, having additional parking constructed at this time is a reasonable request. 9. A total of 18 public notices were mailed. Staff received one response in support and none in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0080 - Granting S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 1.84 Acres Located at 1638 West Shady Grove Road - JDJR Engineers and Consultants, Applicant - ITAO Corporation, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Postpone to November 21, 2016 9-0. November 21, 2016 – Denial 8-1 (Commissioner Richards, nay). 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The property is developed with a single residence with a driveway entrance on Shady Grove Road, and no access to Shadow Lane. The applicant is requesting rezoning to subdivide the property into seven (7) lots fronting on a cul-de-sac off of Shady Grove Road. 4. When the case was originally advertised, the applicant was requesting an S-P-2 (Generalized Site Plan) for ten R-ZLa (Zero Lot Line Residential) lots that would front onto a new street connecting the current dead-end of Shadow Lane to Shady Grove. After the case was postponed from the November 7 Planning and Zoning Commission meeting to the November 21 Commission meeting, the applicant modified the site plan to request S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) uses. Since this change is less intense/more restrictive than the original request, re-advertising this case was not necessary. 5. No variances to the R-7.5 district standards are being requested. All lots would comply with the required lot width, depth, area and setback requirements of the R- 7.5 district. However, due to the area and width of surrounding lots, the property is subject to the “Neighborhood Protection Ordinance.” The “Neighborhood Protection Ordinance” (Section 35-16(e) of the Subdivision Ordinance), requires that no lot or tract can be subdivided such that the resulting lots have an lot area or width less than 80 percent of the average lot area and width of the surrounding residentially zoned lots. Tracts or lots to be included in calculating the average lot size shall be those directly across the right of way from the subject property, and the three tracts or lots on either or both sides of the subject property. The applicant is asking that the lots have less width and area than the surrounding properties. 6. The proposed lots are smaller than the average minimum lot width and lot area, based on the area and dimensions of the surrounding properties. Three adjacent lots are approximately ½ acre in area. Two lots on Shady Grove are an acre or more in size; however, the lots on Shadow Lane are closer to 7,500 square feet as required by the R-7.5 zoning that covers most of the surrounding area. The large lot at the corner of Shady Grove and Irvin Road is vacant and owned by the City of Irving. 7. The current development proposal keeps Shadow Lane as a dead-end road. The Traffic and Fire departments have agreed to allow the dead-end to remain, and not connect to the new street. The alignment of the new cul-de-sac on Shady Grove Road has also been approved by the Traffic and Transportation Department and the Fire Department. 8. Staff believes the lots are generally in character with the surrounding neighborhood. Shadow Lane and the proposed street will not connect, preventing cut-through traffic. All the lots conform to the R-7.5 zoning district. Therefore, staff can support this request. 9. A total of 34 public notices were mailed. Staff received no responses in support and 50 responses in opposition to this request. The opposition represents 64.92% of the land within 200 feet of the subject property. Since this is greater than 20%, per state law a ¾ vote is required for approval. 10. On December 2 at 10:50 a.m., staff received a request to postpone this request until January 12, 2017. 11. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Postpone to January 12, 2017.
Ordinance - Zoning Case #ZC16-0081 - Granting S-P-2 (Generalized Site Plan) for R-ZLa (Single Family) Uses - Approximately 0.48 Acres Located at 505 Cedar Drive - JDJR Engineers and Consultants, Applicant - Victor Reyes, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2016 – Favorable 9-0. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The property is undeveloped. The applicant is requesting R-ZLa (Zero Lot-Line) district uses with an exception to the maximum lot coverage from 60% to 70% in order to subdivide the property into four lots for single family residential uses fronting on Pioneer Drive. 4. The proposed lots are between 45 and 50 feet wide, and will be 90 feet deep after a 20-ft wide right-of-way dedication along Pioneer Drive. The minimum lot size is 4,110 square feet. No driveway access is allowed on Pioneer Drive. A 15-ft wide mutual access easement for a 12-ft wide private alley accessing Cedar Drive runs along the north side of the properties. Each residence will provide a two-car garage that accesses the private alley, and garage doors will be 22 feet from the easement. 5. The property is surrounded by a mix of single family and office uses and zoning. Property to the west, northwest and east is zoned P-O (Professional Office) and is used for residential and office purposes. All of this property is unplatted. To the south are lots that are approximately 60 to 65 feet in width, zoned and used for residential and office uses. Slightly further to the northwest are townhomes, and retail uses begin slightly further to the east. 6. Staff has concerns about the lack of a usable back yard and of making these zero lot line lots. However, given the mix of surrounding zoning and uses and the lack of direct access onto Pioneer Drive, staff can support this proposal as an infill request. 7. A total of 29 public notices were mailed. Staff has not received any responses in support or in opposition to this request. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0084 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with the Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption) Uses - Approximately 0.061 Acres Located at 3341 Regent Boulevard, Suite 150 - In Fretta Stampede, LLC, Applicant - Stampede Crossing, LTD, Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Favorable 9-0, subject to showing the seating count on the interior floor plan. 2. The stipulation of the Planning and Zoning Commission has been met. 3. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This use is in conformance with the Comprehensive Plan. 4. The subject property is a 2,500 sq. ft. lease space in a multi-tenant retail center. A new restaurant is requesting rezoning to allow the accessory use of the sale of alcoholic beverages for on-premises consumption. 5. The restaurant will have 92 seats, including 74 indoor seats and a patio with 18 seats. A total of 31 parking spaces are required at one space per 2.5 seats and are provided in the retail center. 6. The request meets all of the requirements of the R-AB ordinance. 7. A total of seven (7) public notices were mailed. Staff received one (1) response in support and one (1) response in opposition to this request. The opposition represents 7.29% of the land within 200 feet of the subject property. Since this is less than 20%, per state law a ¾ vote is not required for approval. 8. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - Zoning Case #ZC16-0087 - Granting R-6 (Single Family) District Uses - Approximately 0.46 Acres Located at 302 Maltby Road - Lone Stallion Custom Homes, LLC - Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2016 – Postpone to December 5, 2016 9-0. December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting R-6 (Single Family) zoning to facilitate the development of two new single family houses. 4. On September 29, 2016 the applicant submitted a plat (PL16-0048) which would subdivide the property into two lots. The current zoning of R-7.5 (Single Family) requires a minimum lot width of 60 feet. The proposed plat illustrated two lots with a width of 50 feet, which is allowed in the R-6 district. 5. Plats must be in compliance with the approved zoning. 6. The adjacent properties to the north and south have both been rezoned to allow these lots to be subdivided into two lots. 7. The development of two new residential homes will enhance the neighborhood, and the lots are in character with the surrounding neighborhood. 8. A total of 18 public notices were mailed. Staff has received one (1) response in support and none in opposition to this request. 9. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation The ordinance be adopted.
53 Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides: ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s. ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision. 54 Resolution - Approving Sign Variance Case #S1611-0080 to Allow Height, Area, Location and Material Variances to Proposed Signs Within the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this variance will allow the Irving Music Factory to implement an iconic and appropriately themed signage program. 3. On March 20, 2014, the City Council approved variances to the City’s sign ordinance in order to install a variety of signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Proposed signs include enhanced site identification signs along the street frontages, monument signs, wall signs, banners, video screens, digital marquee signs, directional and wayfinding signs, and “district identification” signs that indicate various areas within the site. 5. Variances requested include size and height for the major site identification signs, the maximum and minimum distances projecting signs can extend from the face of a wall, the materials allowed for banner signs, and the ability for signs to extend above roof lines. 6. The package includes a request for a roof sign to be placed on the roof over the amphitheater. The Sign Ordinance prohibits roof signs, and does not include a provision for a variance or exception to this prohibition. Therefore, the requested roof sign cannot be approved through this application. The roof sign could be approved through the companion zoning case. 7. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented within the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 8. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the proposed roof sign over the amphitheater. 55 Resolution - Approving Special Sign Permit #S1611-0081 to Allow Digital Signs at Various Locations in the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this special sign permit will allow the Irving Music Factory to implement an iconic and appropriately themed digital signage program. 3. On March 20, 2014, the City Council approved a sign package for the Irving Music Factory in order to install a variety of digital signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development including certain signs with digital components. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Among these proposed signs are digital marquee signs along both the State Highway 114 and Las Colinas Blvd. frontages, LED screens or digital projection signs at several locations within the interior of the site, and directional signs for pedestrian guidance within the development. 5. Provisions in this special sign permit application include larger area and height for certain digital signs, allowances for interior LED screens or digital projection signs that are not visible from the roadways for the messages to change more frequently than typically allowed, and that certain signs may project above roof lines. 6. The proposed sign package includes two specific signs that staff cannot support. The first is a 1400 sq. ft., 40 ft. tall digital marquee sign placed on top of the northwest corner of the parking garage, adjacent to the S.H 114 frontage, labeled in the sign package as E8: Digital Marquee Hwy 114 Location. As proposed the sign would be a total of 82 ft. above the ground and project over the edge of the parking garage toward the highway. Staff believes this sign is too high, detracts from the architecture and design of the parking garage and office tower, and appears out of scale with its surroundings. The applicant states that this sign is needed for the following reasons: (1) physical space for the original vertical sign and its large foundation is severely limited at the original location due to a water line, DCURD easement, Hwy 114 right of way, and proximity of the C1 building; (2) moving the sign to the southwest corner is not practical due to an outdoor exit stair, DCURD easement, curb and little/no visibility from southbound traffic at this location; (3) sight line studies performed by Gensler showed the sign would gain much better visibility if it was integrated into the northwest corner of the garage; (4) the digital marquee is oriented away from the proposed hotel rooms to the north and will not impact them; and (5) the marquee is smaller than allowed, but a variance on the height is part of this request. 7. The second sign staff cannot support is a 650 sq. ft., 51 ft. high digital marquee sign along the Las Colinas Boulevard frontage, near the middle entrance to the site labeled as E8: Digital Marquee – Las Colinas Blvd Location. This sign would extend more than 31 feet away from the building and over the pedestrian walkway that runs in front of the restaurant spaces. Staff believes this sign is out of scale with its surroundings, disrupts the building architecture, and detracts from the overall streetscape. The applicant states that this sign is needed for the following reasons: (1) due to tree spacing along Las Colinas Boulevard (required by LCA) and trees in front of the buildings, the original shorter and smaller digital marquee would not be seen by vehicles on Las Colinas Blvd.; (2) the A2 building is 60 ft. high and the top 45 ft. of the mass is windowless due to the movie theater component, but the sign is high enough so pedestrians can see the tenant signage, and people in cars can see the marquee; (3) the sign is at the main entrance from Las Colinas Blvd. so the sign does a good job of announcing this entry in scale with the project; and (4) walking under the digital marquee enhances the experience of pedestrians being at an entertainment center. 8. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented with the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 9. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the E8 Digital signs at the northwest corner of the parking garage and at the entrance from Las Colinas Boulevard. 56 Ordinance - Zoning Case #ZC16-0091 - Granting S-P-1 (R-AB) Site Plan District Use for Restaurant with Attendant Accessory Use of the Sale of Alcoholic Beverages for On-premises Consumption, and Convention Center, Retail, Entertainment, Hotel, Restaurant and Related Uses - Approximately 16.878 Acres Located North of Fuller Drive and West of West Las Colinas Boulevard - the Ark Group of Irving, Inc., Applicant - City of Irving, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends ???????????????????????? ???????????? uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting approval of a modification of the current S-P-1 (R-AB) zoning for the Irving Music Factory to allow additional office uses. 4. The zoning site plan approved in February 2014 (case #ZC13-0048) stipulated a maximum of 100,000 square feet of office space and a 30,000 square foot fitness center. 5. The proposed site plan eliminates the fitness center, allowing that level to be used for parking, and increases the maximum “office/retail flex” space to 135,800 square feet. 6. Additionally, the applicant is seeking approval of a 10,400 square foot roof sign to be painted on the roof of the amphitheater. Such a sign can only be approved through a site plan zoning case. The applicant’s letter justifies the request on the basis that it will help distinguish the site from the air, and that such signs are customary on large entertainment venues around the country. 7. All other aspects and conditions of the previously approved case are unchanged and carried forward to this site plan. 8. From a land use perspective, the elimination of the fitness center and the additional office space are relatively minor changes, and staff can support these requests. Regarding the roof sign, such signs are not allowed in the sign ordinance, and the previous policy direction of the City Council has been to disallow such signage. 9. A total of six (6) public notices were mailed. Staff has not received any responses in support or in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Staff recommends the following: (1) approval of the elimination of the fitness center; (2) approval of the increased office space; and (3) denial of the request for a roof sign.
53 Resolution - Consider Request of ARK Group of Irving to Amend the Entertainment Center Lease to Add 36,000 Square Feet of Office Space and Take Appropriate Action Administrative Comments 1. This item is submitted by the City Manager’s Office. 2. Under the terms of the Entertainment Center Development Agreement between the City of Irving and the Ark Group of Irving, Inc. (ARK), approved by Council in 2015, ARK’s requests, needing Council action must be considered by the Council within 30 days. The December 8th, 2017 City Council meeting is the first available date to consider the request, per DA 1.15. 3. ARK’s request is to utilize 36,000 square feet of space originally zoned for restaurant/retail for office space. They request that space in building B1, second floor will be converted for office use. As part of the City’s existing Development Agreement, ARK meets its contractual obligation by developing a minimum of 100,000 square feet of restaurant/retail, an amphitheater, a pedestrian walkway, and additional entertainment venues. ARK will still provide the minimum of 100,000 square feet of restaurant/retail in the Entertainment Center. In order to consider the zoning request for additional office space, ARK has provided a revised conceptual site plan design and renderings showing the proposed office expansion. The City Designee, in the City’s capacity as Owner of the site and not a governing body, signed ARK’s zoning application “to facilitate construction” and to get their request before the Council within the time frame of DA 1.24. 4. ARK’s request also implicates the Lease. The specific provision to be amended is Lease Article 4 (a) which provides: ARK was asked to provide a revised construction budget to include this expansion. ARK states the construction costs for the office is already incorporated into the current budget, and request the office space cost not be treated as a separately reconciled cost (see attached). ARK was also requested to explain how this change to additional commercial would relate to and enhance the Entertainment Venue (per the Lease Agreement). In their response, ARK states:“(t)he office tenants and their visitors will generate increased traffic adding financial stability and vibrancy to the entertainment center.” (see attached). 5. Under the Lease 13(f)(2), City has no obligation to modify, amend or revise the terms of the Lease, and its failure to do so, regardless of reason or lack thereof, shall not be a breach of the Lease, and shall neither excuse the Company’s performance under this Lease, nor give rise to any claim, defense or offset by or on behalf of the Company. 6. Both the request for a lease amendment and zoning request are placed on this Agenda for Council consideration. If the Council determines not to amend the Lease, then the zoning case will be withdrawn. If the Council determines to amend the Lease, then the zoning public hearing will proceed. Recommendation The original 100,000 square feet of office was approved as part of the initial project negotiations. It represented a compromise from ARK’s original request for 200,000 square feet of office. The Lease is quite clear that office space would be limited to 100,000 square feet and could be built at ARK’s. ARK made a business decision to lease the 100,000 square feet to a single tenant, when additional commercial uses could have been easily accommodated. The market is growing for office development in the area and additional City-subsidized office development may have a negative impact on privately sponsored activity. For these reasons, staff is recommending denial of ARK’s request to develop additional office space at the Entertainment Center. Should Council choose to approve ARK’s request for the additional commercial space, staff recommends the following conditions: Company may further include, at its sole expense and not as part of Company Contribution, an additional 36,000 square feet of office use in the building identified as B1 on that certain dimension control plan prepared by Architect (as defined in the Development Agreement) dated April 17, 2017, provided such use is limited to activities (i) directly related to entertainment industry (as example a radio or television station, recording studio); (ii) associated with or supporting entertainment center’s retail, restaurant, or entertainment-oriented subtenants; or (iii) providing Entertainment Center management and operations services. Company shall submit the proposed sub-leases of this 36,000 square feet to City Designee for review and approval upon compliance with this provision.
54 Resolution - Approving Sign Variance Case #S1611-0080 to Allow Height, Area, Location and Material Variances to Proposed Signs Within the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this variance will allow the Irving Music Factory to implement an iconic and appropriately themed signage program. 3. On March 20, 2014, the City Council approved variances to the City’s sign ordinance in order to install a variety of signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Proposed signs include enhanced site identification signs along the street frontages, monument signs, wall signs, banners, video screens, digital marquee signs, directional and wayfinding signs, and “district identification” signs that indicate various areas within the site. 5. Variances requested include size and height for the major site identification signs, the maximum and minimum distances projecting signs can extend from the face of a wall, the materials allowed for banner signs, and the ability for signs to extend above roof lines. 6. The package includes a request for a roof sign to be placed on the roof over the amphitheater. The Sign Ordinance prohibits roof signs, and does not include a provision for a variance or exception to this prohibition. Therefore, the requested roof sign cannot be approved through this application. The roof sign could be approved through the companion zoning case. 7. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented within the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 8. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the proposed roof sign over the amphitheater.
55 Resolution - Approving Special Sign Permit #S1611-0081 to Allow Digital Signs at Various Locations in the Irving Music Factory - Property Located on North of Fuller Drive and West of West Las Colinas Boulevard - ARK Group of Irving, Inc, Applicant - City of Irving, Owner Administrative Comments 1. This item is recommended by the Planning and Community Development Department and supports Strategic Objective 3.5 – Effectively plan and manage land use. 2. Impact: Approval of this special sign permit will allow the Irving Music Factory to implement an iconic and appropriately themed digital signage program. 3. On March 20, 2014, the City Council approved a sign package for the Irving Music Factory in order to install a variety of digital signs that would be unique to this location and this development. The Irving Music Factory will be an entertainment destination with a multitude of venues including an amphitheater, outdoor stages, restaurants and retail businesses. The package was approved since the City’s standard sign regulations are not designed to facilitate a development of this kind. 4. The applicant is now requesting some modifications to the previously approved sign program. The applicant has provided an updated booklet that identifies the types of signs proposed for the various locations throughout the development including certain signs with digital components. While the final sign designs have not yet been determined, the booklet establishes the general concepts for the types of signs desired, their placement, and their dimensions. Signs that comply with these general concepts will be able to be approved by staff upon application for sign permits. Among these proposed signs are digital marquee signs along both the State Highway 114 and Las Colinas Blvd. frontages, LED screens or digital projection signs at several locations within the interior of the site, and directional signs for pedestrian guidance within the development. 5. Provisions in this special sign permit application include larger area and height for certain digital signs, allowances for interior LED screens or digital projection signs that are not visible from the roadways for the messages to change more frequently than typically allowed, and that certain signs may project above roof lines. 6. The proposed sign package includes two specific signs that staff cannot support. The first is a 1400 sq. ft., 40 ft. tall digital marquee sign placed on top of the northwest corner of the parking garage, adjacent to the S.H 114 frontage, labeled in the sign package as E8: Digital Marquee Hwy 114 Location. As proposed the sign would be a total of 82 ft. above the ground and project over the edge of the parking garage toward the highway. Staff believes this sign is too high, detracts from the architecture and design of the parking garage and office tower, and appears out of scale with its surroundings. The applicant states that this sign is needed for the following reasons: (1) physical space for the original vertical sign and its large foundation is severely limited at the original location due to a water line, DCURD easement, Hwy 114 right of way, and proximity of the C1 building; (2) moving the sign to the southwest corner is not practical due to an outdoor exit stair, DCURD easement, curb and little/no visibility from southbound traffic at this location; (3) sight line studies performed by Gensler showed the sign would gain much better visibility if it was integrated into the northwest corner of the garage; (4) the digital marquee is oriented away from the proposed hotel rooms to the north and will not impact them; and (5) the marquee is smaller than allowed, but a variance on the height is part of this request. 7. The second sign staff cannot support is a 650 sq. ft., 51 ft. high digital marquee sign along the Las Colinas Boulevard frontage, near the middle entrance to the site labeled as E8: Digital Marquee – Las Colinas Blvd Location. This sign would extend more than 31 feet away from the building and over the pedestrian walkway that runs in front of the restaurant spaces. Staff believes this sign is out of scale with its surroundings, disrupts the building architecture, and detracts from the overall streetscape. The applicant states that this sign is needed for the following reasons: (1) due to tree spacing along Las Colinas Boulevard (required by LCA) and trees in front of the buildings, the original shorter and smaller digital marquee would not be seen by vehicles on Las Colinas Blvd.; (2) the A2 building is 60 ft. high and the top 45 ft. of the mass is windowless due to the movie theater component, but the sign is high enough so pedestrians can see the tenant signage, and people in cars can see the marquee; (3) the sign is at the main entrance from Las Colinas Blvd. so the sign does a good job of announcing this entry in scale with the project; and (4) walking under the digital marquee enhances the experience of pedestrians being at an entertainment center. 8. The proposed sign package reflects the types of signage typically associated with an entertainment center such as this and represents the general character of signage to be implemented with the project. The proposed signage will serve to clearly advertise the venues within the development, attract visitors to the site, create a sense of excitement for those coming to the facility, provide information to guests both coming to the site and circulating within the site, and help identify the Irving Music Factory as the landmark it is intended to be. 9. The Las Colinas Association approved the previous sign package and has reviewed the proposed package, but has not yet approved it. Signs must be approved by both the City and the Las Colinas Association prior to installation, as noted on several pages of the sign package. Recommendation The resolution be approved, excluding the E8 Digital signs at the northwest corner of the parking garage and at the entrance from Las Colinas Boulevard.
Ordinance - Zoning Case #ZC16-0091 - Granting S-P-1 (R-AB) Site Plan District Use for Restaurant with Attendant Accessory Use of the Sale of Alcoholic Beverages for On-premises Consumption, and Convention Center, Retail, Entertainment, Hotel, Restaurant and Related Uses - Approximately 16.878 Acres Located North of Fuller Drive and West of West Las Colinas Boulevard - the Ark Group of Irving, Inc., Applicant - City of Irving, Owner Administrative Comments 1. The Planning and Zoning Hearing Date and Recommendation: December 5, 2016 – Pending. The Commission’s recommendation will be provided to the City Council at the work session. 2. The 2008 Comprehensive Plan Future Land Use Map recommends uses for this property. This request is in conformance with the Comprehensive Plan. 3. The applicant is requesting approval of a modification of the current S-P-1 (R-AB) zoning for the Irving Music Factory to allow additional office uses. 4. The zoning site plan approved in February 2014 (case #ZC13-0048) stipulated a maximum of 100,000 square feet of office space and a 30,000 square foot fitness center. 5. The proposed site plan eliminates the fitness center, allowing that level to be used for parking, and increases the maximum “office/retail flex” space to 135,800 square feet. 6. Additionally, the applicant is seeking approval of a 10,400 square foot roof sign to be painted on the roof of the amphitheater. Such a sign can only be approved through a site plan zoning case. The applicant’s letter justifies the request on the basis that it will help distinguish the site from the air, and that such signs are customary on large entertainment venues around the country. 7. All other aspects and conditions of the previously approved case are unchanged and carried forward to this site plan. 8. From a land use perspective, the elimination of the fitness center and the additional office space are relatively minor changes, and staff can support these requests. Regarding the roof sign, such signs are not allowed in the sign ordinance, and the previous policy direction of the City Council has been to disallow such signage. 9. A total of six (6) public notices were mailed. Staff has not received any responses in support or in opposition to this request. 10. This item supports Strategic Objective 3.5 – Effectively plan and manage land use. Recommendation Staff recommends the following: (1) approval of the elimination of the fitness center; (2) approval of the increased office space; and (3) denial of the request for a roof sign.