Organizational Service Announcements Invocation Pastor Darrell Sneed, Ben Washington Baptist Church Pledge of Allegiance Proclamations and Special Recognitions
Public Hearing - Public Hearing #1 on the 2022-23 City of Irving Fiscal Year Budget Administrative Comments 1. This item is recommended by the Financial Services Department. 2. In accordance with Fiscal Year 2022-23 Budget Calendar, public hearings have been scheduled for June 9, 2022 and June 30, 2022 prior to City Council meetings.
Resolution - Take Appropriate Action Concerning Request of Employee Grayson Holder for City to Continue Paying Full Salary While on Workers Compensation Leave Administrative Comments 1. This item is requested for Council consideration by employee Grayson Holder. 2. Impact: Approval of this item would require the City to continue paying full salary to Mr. Holder while on workers’ compensation leave past the mandatory 1-year period. Denial of this item would result in Mr. Holder receiving 54% of his salary as temporary income benefits through workers’ compensation pay, with the remainder to be counted as sick leave (approximately 18 hours per week). 3. The City Council was briefed on this item in Executive Session on May 5, 2022. 4. Per Section 143.073 of the Texas Local Government Code, a civil service employee on workers’ compensation may request the governing body to extend the line of duty illness or injury leave at full or reduced pay. 5. On April 9, 2022, Mr. Holder submitted a written request to the City Council to consider extending his pay under Texas Local Government Code Section 143.073. 6. Regardless of Council action on this item, Mr. Holder is still on approved workers’ compensation leave and receiving 54% of his salary as temporary income benefits. This item only addresses the remaining approximately 46% of his salary, which will either be covered by the City continuing to pay his full salary or by Mr. Holder using accrued sick leave while he continues to be off of work. 7. If approved, funding in the amount of $43,920 is available in the Police budget within the General Fund. Recommendation Council take appropriate action, if any, upon hearing consideration of the request.
Resolution - Sign Variance 2022-04-1976 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs and to Allow Modifications to the Maximum Height of a Projecting Sign - Property Located at 200 East Las Colinas Boulevard - Entos Design, Applicant - Parmenter Realty Partners, Owner Administrative Comments 1. The applicant is seeking approval of two sign variances to allow (1) a new monument sign without the required brick, stone or similar materials encasing the metal cabinet, and (2) a new projecting sign to exceed the maximum height by 21 feet to be 33 feet in height. 2. The property is located at 220 E. Las Colinas Boulevard. Both signs are on the east side of the property. 3. The proposed monument sign is 12 feet tall and 3.75 feet wide. Per Section 7-2, a 12-ft. tall monument sign is allowed on lots over 3 acres. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign with interior lighting. The proposed sign is located in a utility easement, approximately 5 feet from the property line, near the northern entrance to the parking garage off E. Las Colinas Boulevard. If the variance is approved, the applicant will need to secure an Easement Encroachment License Agreement with the City. 4. The proposed monument sign replaces an existing sign. The existing sign is 6 feet tall and 4 feet wide, is enclosed with masonry material, and is also located within a utility easement. 5. A second, existing monument sign near the south driveway will be removed, and no new signage is proposed in this area. 6. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.” 7. The proposed projecting sign will also be on the east side of the garage at the northernmost driveway. The sign will be 33 feet tall, with the bottom of the sign being 28.25 feet from the ground and the top of the sign being 61.25 feet from the ground. The sign will have interior illumination and will match the appearance of the proposed monument sign. 8. Chapter 7, Section 7-3 (11) of the City of Irving Land Development Code limits the total height of a projecting sign to 12 feet. 9. The applicant’s letter of justification states that the proposed variances (1) do not violate the intent of the sign ordinance, (2) do not adversely affect the surrounding properties, (3) do not adversely affect public safety, and (4) is necessary due to special conditions unique to this property. To this last point, the applicant notes that they have prepared preliminary enhancements to the ground-level and canal-level retail/restaurant/office spaces for the owner. 10. The signs will require approval by the Las Colinas Association. 11. Staff believes the monument sign meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Additionally, staff believes the proposed height of the projecting sign is appropriate considering the scale of the structure it will be mounted on and the neighboring properties. Accordingly, staff can support this request. Recommendation The resolution be approved.
Ordinance - Special Fence Project Plan SFP22-0001 - Considering a Variance to Chapter 15 of the City of Irving Land Development Code to Construct an Eight-Foot Tall Cedar Within the Side Yard Setback on a Corner Reverse Frontage Lot - Property Located at 1302 Dory Lane - Gabriel Barrios, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 0.30-acre single-family lot. The applicant is requesting a special fence project plan to construct an eight-foot-tall wood fence within the side setback on a reverse frontage lot. 3. The site is currently developed with a single-family home and is zoned R-7.5 “Single-Family Residential”. 4. In June of 2021, the applicant applied and was issued a building permit to construct an 8-foot wooden fence right at the 15-foot side setback. In December of 2021, the applicant received a notice of violation from the Inspections Department as the fence that was under construction did not follow the approved dimensions and encroached one (1) foot into the 15-foot side setback. 5. Per Chapter 15-12 of the Land Development Code (Fence Height – Reverse Frontage Lot), a reverse frontage lot (a lot whose rear yard is the side yard of an adjacent lot) may have a 4-foot-tall fence with 50% visibility directly along the side property line. If the property owner wishes to have a taller fence or a solid fence, it is only allowed if placed at least 15 feet from the property line. The subject property is a reverse frontage lot relative to the church property to the south. 6. The following variance is being requested: Required Proposed Side Yard Setback of a Solid Fence on a Corner Lot (Sec. 15-12 (Fences)) 15 Feet 14 Feet (1-Foot Variance) 7. The fence is a solid, cedar structure with a sliding gate across the existing 16 ft. driveway. There are no other nearby houses in this lot configuration. No other properties in the area appear to have similar eight-foot tall fences across the length of the side yard that encroaches into a projected yard. 8. In March of 2022, the Transportation Department visited the site and met with the applicant. Upon inspection, staff determined the fence does not cause any traffic visibility issues. 9. The applicant explains that the reason for the request is to provide an additional measure of safety and security due to high crime and theft. 10. Staff believes that an eight-foot-tall fence that is 14 feet from the property line is compatible with the surrounding neighborhood. Since there are no traffic visibility issues, staff can support this request. 11. A total of 24 public notices were mailed. Staff received three (3) responses in support and none in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0014 - Considering a Zoning Change from C-P "Commercial Park", C-N "Neighborhood Commercial" and State Highway 161 Overlay District to S-P-2 (C-W) "Generalized Site Plan - Commercial Warehouse" and State Highway 161 Overlay District to Allow a Maximum Building Height of 50 Feet - Approximately 4.34 Acres Located at 4445 West Northgate Drive - J&J Lott Irving LLC, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 4.34-acre vacant lot. The applicant is requesting to rezone the property to S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” and State Highway 161 Overlay District to allow development of warehouse distribution uses. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. Predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. The property is divided into two separate zoning districts: C-P “Commercial Park” on the northern half, and C-N “Neighborhood Commercial” on the southern half. The entire property is also within the State Highway 161 Overlay District. 5. Section 2.5.11 (Commercial Warehouse) of the Unified Development Code requires that the maximum height for a principal structure in the C-W district be two (2) stories or 30 feet, whereas the applicant is proposing a 50-foot maximum height. 6. The following variance is being requested: Required Proposed Height of Principal Structure (Section 2.5.11) 2 stories or 30 feet 50 feet 7. While C-W “Commercial Warehouse” has a 30-foot maximum height for principal structures, other nearby distribution warehouses have been approved and constructed in excess of 30 feet. Warehouse structures are typically 45-55 feet in height. 8. The development will comply with all other requirements of the C-W “Commercial Warehouse” district and the State Highway 161 Overlay District. 9. The proposed zoning is compatible with the surrounding uses on the north side of W. Northgate Drive, and no single-family residential development is in the area. The use is allowed by right under the State Highway 161 Overlay District, since the lot is more than 300 feet from the State Highway 161 right-of-way. Accordingly, staff can support this request. 10. A total of nine (9) public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0015 - Considering a Zoning Change from FWY "Freeway" and State Highway 161 Overlay District to S-P-2 (C-W) "Generalized Site Plan - Commercial Warehouse" and State Highway 161 Overlay District to Allow a Maximum Building Height of 50 Feet and Exceptions to the Location of Warehouse Uses and Required Parking - Approximately 7.64 Acres Located at 4335 West Northgate Drive - J&J Lott Irving LLC, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 7.64-acre vacant lot. The applicant is requesting to rezone the property to S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” and State Highway 161 Overlay District to allow development of warehouse distribution uses. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. Predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. Segment 2-A of the State Highway 161 Overlay District does not allow warehouse and industrial uses by right on a lot that is within 300 feet of State Highway 161. The subject property has frontage on the highway at the intersection with Northgate Drive. Additionally, the overlay district does not allow more than 25% of the required parking to be located between the building and State Highway 161. The applicant is requesting up to 50% of the required parking be allowed in this area. 5. Section 2.5.11 requires that the maximum height for a principal structure to be 30 feet, whereas the applicant is proposing a 50-foot maximum height. While C-W “Commercial Warehouse” has a 30-foot height maximum for principal structures, other nearby distribution warehouses have been approved and constructed in excess of 30 feet. Warehouse structures are typically 45-55 feet in height. 6. The following variances are being requested: Required Proposed Height of Principal Structure (Section 2.5.11) 2 Stories or 30 Feet 50 Feet Minimum distance of warehouse and industrial uses from SH 161 (Section 2.3.3 (b)) 300 feet 0 feet Maximum parking between building and SH 161 (Section 2.3.3 (d)) 25% 50% 7. Staff can support placing additional parking between the building and State Highway 161, since this will allow the truck bays to be to the side or rear, out of view from the highway. 8. The development will comply with all other requirements of the C-W “Commercial Warehouse” district and the State Highway 161 Overlay District. 9. The proposed zoning is compatible with the similar surrounding warehouse uses on the north side of W. Northgate Drive, and no single-family residential development is in the area. Given the changes in the corridor since the overlay district was originally approved, staff is examining where warehouse and industrial uses may be appropriate in the State Highway 161 corridor. Staff believes the proposed zoning is appropriate at this location and can support this request. 10. A total of nine (9) public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0018 - Considering a Zoning Change from S-P-2 (C-C) "Generalized Site Plan - Community Commercial" and State Highway 183 Overlay District to S-P-1 (C-C) "Detailed Site Plan - Community Commercial" and State Highway 183 Overlay District to Allow a Commercial Canopy to Encroach into the Front Yard Setback - Approximately 1.35 Acres Located at 2525 North Belt Line Road - Mayse & Associates, Inc., Applicant; Seritage SRC Finance, LLC, Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 1.35-acre lot that is located along N. Belt Line Rd. in front of the former Sears site at Irving Mall. The applicant is requesting to rezone the property to S-P-1 (C-C) "Detailed Site Plan – Community Commercial" and State Highway 183 Overlay District to allow a canopy to encroach approximately 5 feet into the front yard setback. The purpose of the canopy is to cover the menu board and ordering for the drive through service. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Neighborhood Commercial uses for this property. This land use category is described as mixed-use commercial areas along major corridors with opportunities for residential and commercial infill and reinvestment. The requested zoning is in conformance with the Comprehensive Plan. 4. This lot was rezoned in February of 2019 to S-P-2 (C-C) "Generalized Site Plan – Community Commercial with variances regarding surplus parking, a landscape buffer and a reduced parking setback from Belt Line Rd. 5. The applicant applied for a building permit in November of 2021. Construction of a proposed canopy as part of the project is on hold until this zoning case is resolved. 6. Section 33A-2 of the Land Development Code requires a building setback line of 30 feet from Belt Line Road. Although the primary building is located behind the required setback, the applicant is proposing to construct a canopy detached from the main building that would extend 5’-6 3/8” past the setback. 7. The following variance is being requested: Required Front Yard Building Setback (Section 33A-2) Proposed Setback Distance 30 feet 24 feet, 5.625 inches (5-foot and 6.375-inch Variance) 8. The proposed development meets the minimum parking requirements, and the proposed canopy will not encroach into the required 20-foot landscape setback. The development will comply with all other requirements of the C-C “Community Commercial” district and the State Highway 183 Overlay District. 9. A total of 7 public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0020 - Considering a Zoning Change from ML-20 "Light Industrial" to C-W "Commercial Warehouse" - Approximately 0.74 Acres Located at 1306 N. Union Bower Road - Iglesia Evangelica El Divino Maestro, Inc, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy 2. The subject property currently has an existing church structure on the south portion of the lot. The applicant is requesting a zoning change to construct a new church structure on the north portion of the lot. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Industrial uses for this property. This land use category is described as light to heavy industrial and manufacturing. Since religious institution uses are allowed in any future land use category, the requested zoning is conformance with the Comprehensive Plan. 4. While churches are allowed within any zoning district, the C-W “Commercial Warehouse” district allows for smaller front, side, and rear yard setbacks. Zoning District Requirements ML-20 C-W Front Yard Setback 30 feet 20 feet Side Yard Setback 15 feet 6 feet Rear Yard Setback 30 feet 6 feet 5. This request does not include any variances from the C-W “Commercial Warehouse” district; therefore, a site plan is not required. All landscaping and parking requirements must be met. 6. Since the proposed request is in conformance with the Comprehensive Plan, is appropriate for the area, and meets the applicant’s needs, staff can support this request. 7. A total of 12 public notices were mailed. Staff has not received any responses in support or opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Resolution - Appointment and Reappointments to the Hospital Authority Board to Fill Two-Year Terms Expiring June 30, 2024 Administrative Comments 1. This item is recommended by the City Secretary’s Office. 2. Impact: The City Council appoints five of the eleven members on the Irving Hospital Authority Board. 3. Members on the Hospital Authority Board are eligible to serve four, two-year terms. One member has served four terms and is no longer eligible for appointment. The Nominating Committee and Board of Directors have submitted a letter of recommendation. 4. There are three members eligible for reappointment. The Board of Directors submitted a letter recommending that Mark P. Andrews and Dr. Padmavathy Uppalapati, M.D. be reappointed to the Board. Board member Susie Fan was recently appointed to the board on October 14, 2021 to an unexpired term and will also be reappointed to serve a full term. Recommendation The resolution be approved. Adjournment
Jun 09, 2022 City Council
Organizational Service Announcements Invocation Pastor Darrell Sneed, Ben Washington Baptist Church Pledge of Allegiance Proclamations and Special Recognitions
Public Hearing - Public Hearing #1 on the 2022-23 City of Irving Fiscal Year Budget Administrative Comments 1. This item is recommended by the Financial Services Department. 2. In accordance with Fiscal Year 2022-23 Budget Calendar, public hearings have been scheduled for June 9, 2022 and June 30, 2022 prior to City Council meetings.
Resolution - Take Appropriate Action Concerning Request of Employee Grayson Holder for City to Continue Paying Full Salary While on Workers Compensation Leave Administrative Comments 1. This item is requested for Council consideration by employee Grayson Holder. 2. Impact: Approval of this item would require the City to continue paying full salary to Mr. Holder while on workers’ compensation leave past the mandatory 1-year period. Denial of this item would result in Mr. Holder receiving 54% of his salary as temporary income benefits through workers’ compensation pay, with the remainder to be counted as sick leave (approximately 18 hours per week). 3. The City Council was briefed on this item in Executive Session on May 5, 2022. 4. Per Section 143.073 of the Texas Local Government Code, a civil service employee on workers’ compensation may request the governing body to extend the line of duty illness or injury leave at full or reduced pay. 5. On April 9, 2022, Mr. Holder submitted a written request to the City Council to consider extending his pay under Texas Local Government Code Section 143.073. 6. Regardless of Council action on this item, Mr. Holder is still on approved workers’ compensation leave and receiving 54% of his salary as temporary income benefits. This item only addresses the remaining approximately 46% of his salary, which will either be covered by the City continuing to pay his full salary or by Mr. Holder using accrued sick leave while he continues to be off of work. 7. If approved, funding in the amount of $43,920 is available in the Police budget within the General Fund. Recommendation Council take appropriate action, if any, upon hearing consideration of the request.
Resolution - Sign Variance 2022-04-1976 - Considering a Sign Variance to Allow Modifications to the Required Materials for Monument Signs and to Allow Modifications to the Maximum Height of a Projecting Sign - Property Located at 200 East Las Colinas Boulevard - Entos Design, Applicant - Parmenter Realty Partners, Owner Administrative Comments 1. The applicant is seeking approval of two sign variances to allow (1) a new monument sign without the required brick, stone or similar materials encasing the metal cabinet, and (2) a new projecting sign to exceed the maximum height by 21 feet to be 33 feet in height. 2. The property is located at 220 E. Las Colinas Boulevard. Both signs are on the east side of the property. 3. The proposed monument sign is 12 feet tall and 3.75 feet wide. Per Section 7-2, a 12-ft. tall monument sign is allowed on lots over 3 acres. In lieu of the brick enclosure, the applicant is proposing an architectural metal sign with interior lighting. The proposed sign is located in a utility easement, approximately 5 feet from the property line, near the northern entrance to the parking garage off E. Las Colinas Boulevard. If the variance is approved, the applicant will need to secure an Easement Encroachment License Agreement with the City. 4. The proposed monument sign replaces an existing sign. The existing sign is 6 feet tall and 4 feet wide, is enclosed with masonry material, and is also located within a utility easement. 5. A second, existing monument sign near the south driveway will be removed, and no new signage is proposed in this area. 6. Chapter 7, Section 7-3 (7)e of the City of Irving Land Development Code states, “Structures shall be made of brick, stone or similar materials. Such materials shall be used to frame the sign in such a way as to completely surround the sign area. No part of the metal may be left exposed.” 7. The proposed projecting sign will also be on the east side of the garage at the northernmost driveway. The sign will be 33 feet tall, with the bottom of the sign being 28.25 feet from the ground and the top of the sign being 61.25 feet from the ground. The sign will have interior illumination and will match the appearance of the proposed monument sign. 8. Chapter 7, Section 7-3 (11) of the City of Irving Land Development Code limits the total height of a projecting sign to 12 feet. 9. The applicant’s letter of justification states that the proposed variances (1) do not violate the intent of the sign ordinance, (2) do not adversely affect the surrounding properties, (3) do not adversely affect public safety, and (4) is necessary due to special conditions unique to this property. To this last point, the applicant notes that they have prepared preliminary enhancements to the ground-level and canal-level retail/restaurant/office spaces for the owner. 10. The signs will require approval by the Las Colinas Association. 11. Staff believes the monument sign meets the intent of the ordinance, which is to have a high-quality monument sign with an attractive appearance. Additionally, staff believes the proposed height of the projecting sign is appropriate considering the scale of the structure it will be mounted on and the neighboring properties. Accordingly, staff can support this request. Recommendation The resolution be approved.
Ordinance - Special Fence Project Plan SFP22-0001 - Considering a Variance to Chapter 15 of the City of Irving Land Development Code to Construct an Eight-Foot Tall Cedar Within the Side Yard Setback on a Corner Reverse Frontage Lot - Property Located at 1302 Dory Lane - Gabriel Barrios, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 0.30-acre single-family lot. The applicant is requesting a special fence project plan to construct an eight-foot-tall wood fence within the side setback on a reverse frontage lot. 3. The site is currently developed with a single-family home and is zoned R-7.5 “Single-Family Residential”. 4. In June of 2021, the applicant applied and was issued a building permit to construct an 8-foot wooden fence right at the 15-foot side setback. In December of 2021, the applicant received a notice of violation from the Inspections Department as the fence that was under construction did not follow the approved dimensions and encroached one (1) foot into the 15-foot side setback. 5. Per Chapter 15-12 of the Land Development Code (Fence Height – Reverse Frontage Lot), a reverse frontage lot (a lot whose rear yard is the side yard of an adjacent lot) may have a 4-foot-tall fence with 50% visibility directly along the side property line. If the property owner wishes to have a taller fence or a solid fence, it is only allowed if placed at least 15 feet from the property line. The subject property is a reverse frontage lot relative to the church property to the south. 6. The following variance is being requested: Required Proposed Side Yard Setback of a Solid Fence on a Corner Lot (Sec. 15-12 (Fences)) 15 Feet 14 Feet (1-Foot Variance) 7. The fence is a solid, cedar structure with a sliding gate across the existing 16 ft. driveway. There are no other nearby houses in this lot configuration. No other properties in the area appear to have similar eight-foot tall fences across the length of the side yard that encroaches into a projected yard. 8. In March of 2022, the Transportation Department visited the site and met with the applicant. Upon inspection, staff determined the fence does not cause any traffic visibility issues. 9. The applicant explains that the reason for the request is to provide an additional measure of safety and security due to high crime and theft. 10. Staff believes that an eight-foot-tall fence that is 14 feet from the property line is compatible with the surrounding neighborhood. Since there are no traffic visibility issues, staff can support this request. 11. A total of 24 public notices were mailed. Staff received three (3) responses in support and none in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0014 - Considering a Zoning Change from C-P "Commercial Park", C-N "Neighborhood Commercial" and State Highway 161 Overlay District to S-P-2 (C-W) "Generalized Site Plan - Commercial Warehouse" and State Highway 161 Overlay District to Allow a Maximum Building Height of 50 Feet - Approximately 4.34 Acres Located at 4445 West Northgate Drive - J&J Lott Irving LLC, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 4.34-acre vacant lot. The applicant is requesting to rezone the property to S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” and State Highway 161 Overlay District to allow development of warehouse distribution uses. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. Predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. The property is divided into two separate zoning districts: C-P “Commercial Park” on the northern half, and C-N “Neighborhood Commercial” on the southern half. The entire property is also within the State Highway 161 Overlay District. 5. Section 2.5.11 (Commercial Warehouse) of the Unified Development Code requires that the maximum height for a principal structure in the C-W district be two (2) stories or 30 feet, whereas the applicant is proposing a 50-foot maximum height. 6. The following variance is being requested: Required Proposed Height of Principal Structure (Section 2.5.11) 2 stories or 30 feet 50 feet 7. While C-W “Commercial Warehouse” has a 30-foot maximum height for principal structures, other nearby distribution warehouses have been approved and constructed in excess of 30 feet. Warehouse structures are typically 45-55 feet in height. 8. The development will comply with all other requirements of the C-W “Commercial Warehouse” district and the State Highway 161 Overlay District. 9. The proposed zoning is compatible with the surrounding uses on the north side of W. Northgate Drive, and no single-family residential development is in the area. The use is allowed by right under the State Highway 161 Overlay District, since the lot is more than 300 feet from the State Highway 161 right-of-way. Accordingly, staff can support this request. 10. A total of nine (9) public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0015 - Considering a Zoning Change from FWY "Freeway" and State Highway 161 Overlay District to S-P-2 (C-W) "Generalized Site Plan - Commercial Warehouse" and State Highway 161 Overlay District to Allow a Maximum Building Height of 50 Feet and Exceptions to the Location of Warehouse Uses and Required Parking - Approximately 7.64 Acres Located at 4335 West Northgate Drive - J&J Lott Irving LLC, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 7.64-acre vacant lot. The applicant is requesting to rezone the property to S-P-2 (C-W) “Generalized Site Plan – Commercial Warehouse” and State Highway 161 Overlay District to allow development of warehouse distribution uses. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District uses for this property. This land use category is described as a flexible use district for retail, office and commercial uses. Predominantly mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. Segment 2-A of the State Highway 161 Overlay District does not allow warehouse and industrial uses by right on a lot that is within 300 feet of State Highway 161. The subject property has frontage on the highway at the intersection with Northgate Drive. Additionally, the overlay district does not allow more than 25% of the required parking to be located between the building and State Highway 161. The applicant is requesting up to 50% of the required parking be allowed in this area. 5. Section 2.5.11 requires that the maximum height for a principal structure to be 30 feet, whereas the applicant is proposing a 50-foot maximum height. While C-W “Commercial Warehouse” has a 30-foot height maximum for principal structures, other nearby distribution warehouses have been approved and constructed in excess of 30 feet. Warehouse structures are typically 45-55 feet in height. 6. The following variances are being requested: Required Proposed Height of Principal Structure (Section 2.5.11) 2 Stories or 30 Feet 50 Feet Minimum distance of warehouse and industrial uses from SH 161 (Section 2.3.3 (b)) 300 feet 0 feet Maximum parking between building and SH 161 (Section 2.3.3 (d)) 25% 50% 7. Staff can support placing additional parking between the building and State Highway 161, since this will allow the truck bays to be to the side or rear, out of view from the highway. 8. The development will comply with all other requirements of the C-W “Commercial Warehouse” district and the State Highway 161 Overlay District. 9. The proposed zoning is compatible with the similar surrounding warehouse uses on the north side of W. Northgate Drive, and no single-family residential development is in the area. Given the changes in the corridor since the overlay district was originally approved, staff is examining where warehouse and industrial uses may be appropriate in the State Highway 161 corridor. Staff believes the proposed zoning is appropriate at this location and can support this request. 10. A total of nine (9) public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0018 - Considering a Zoning Change from S-P-2 (C-C) "Generalized Site Plan - Community Commercial" and State Highway 183 Overlay District to S-P-1 (C-C) "Detailed Site Plan - Community Commercial" and State Highway 183 Overlay District to Allow a Commercial Canopy to Encroach into the Front Yard Setback - Approximately 1.35 Acres Located at 2525 North Belt Line Road - Mayse & Associates, Inc., Applicant; Seritage SRC Finance, LLC, Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy. 2. The subject property is a 1.35-acre lot that is located along N. Belt Line Rd. in front of the former Sears site at Irving Mall. The applicant is requesting to rezone the property to S-P-1 (C-C) "Detailed Site Plan – Community Commercial" and State Highway 183 Overlay District to allow a canopy to encroach approximately 5 feet into the front yard setback. The purpose of the canopy is to cover the menu board and ordering for the drive through service. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Neighborhood Commercial uses for this property. This land use category is described as mixed-use commercial areas along major corridors with opportunities for residential and commercial infill and reinvestment. The requested zoning is in conformance with the Comprehensive Plan. 4. This lot was rezoned in February of 2019 to S-P-2 (C-C) "Generalized Site Plan – Community Commercial with variances regarding surplus parking, a landscape buffer and a reduced parking setback from Belt Line Rd. 5. The applicant applied for a building permit in November of 2021. Construction of a proposed canopy as part of the project is on hold until this zoning case is resolved. 6. Section 33A-2 of the Land Development Code requires a building setback line of 30 feet from Belt Line Road. Although the primary building is located behind the required setback, the applicant is proposing to construct a canopy detached from the main building that would extend 5’-6 3/8” past the setback. 7. The following variance is being requested: Required Front Yard Building Setback (Section 33A-2) Proposed Setback Distance 30 feet 24 feet, 5.625 inches (5-foot and 6.375-inch Variance) 8. The proposed development meets the minimum parking requirements, and the proposed canopy will not encroach into the required 20-foot landscape setback. The development will comply with all other requirements of the C-C “Community Commercial” district and the State Highway 183 Overlay District. 9. A total of 7 public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Ordinance - ZC22-0020 - Considering a Zoning Change from ML-20 "Light Industrial" to C-W "Commercial Warehouse" - Approximately 0.74 Acres Located at 1306 N. Union Bower Road - Iglesia Evangelica El Divino Maestro, Inc, Applicant/Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on May 16, 2022 by a vote of 9-0. Commissioners in support: Cronenwett, Patel, McPhail, Burns, Collins, Prichard, Haacke, Spurlock, Joy 2. The subject property currently has an existing church structure on the south portion of the lot. The applicant is requesting a zoning change to construct a new church structure on the north portion of the lot. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Industrial uses for this property. This land use category is described as light to heavy industrial and manufacturing. Since religious institution uses are allowed in any future land use category, the requested zoning is conformance with the Comprehensive Plan. 4. While churches are allowed within any zoning district, the C-W “Commercial Warehouse” district allows for smaller front, side, and rear yard setbacks. Zoning District Requirements ML-20 C-W Front Yard Setback 30 feet 20 feet Side Yard Setback 15 feet 6 feet Rear Yard Setback 30 feet 6 feet 5. This request does not include any variances from the C-W “Commercial Warehouse” district; therefore, a site plan is not required. All landscaping and parking requirements must be met. 6. Since the proposed request is in conformance with the Comprehensive Plan, is appropriate for the area, and meets the applicant’s needs, staff can support this request. 7. A total of 12 public notices were mailed. Staff has not received any responses in support or opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
Resolution - Appointment and Reappointments to the Hospital Authority Board to Fill Two-Year Terms Expiring June 30, 2024 Administrative Comments 1. This item is recommended by the City Secretary’s Office. 2. Impact: The City Council appoints five of the eleven members on the Irving Hospital Authority Board. 3. Members on the Hospital Authority Board are eligible to serve four, two-year terms. One member has served four terms and is no longer eligible for appointment. The Nominating Committee and Board of Directors have submitted a letter of recommendation. 4. There are three members eligible for reappointment. The Board of Directors submitted a letter recommending that Mark P. Andrews and Dr. Padmavathy Uppalapati, M.D. be reappointed to the Board. Board member Susie Fan was recently appointed to the board on October 14, 2021 to an unexpired term and will also be reappointed to serve a full term. Recommendation The resolution be approved. Adjournment