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2019-03-05 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA18-0009e,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 5, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. BACKGROUND At the work session staff will discuss the Denton Development Code (DDC) Update and Draft Zoning Map. Staff will summarize the following draft Subchapters listed below and discuss associated significant changes being proposed: Subchapter 3 - Zoning Districts (pages 109 – 158) \[Continued from the previous work session\] Subchapter 5 - Use Regulations (pages 199 – 302) If possible, please provide your comments/questions to staff in advance by email so that staff can prepare a response prior to the work session. Staff has organized a series of Planning and Zoning Commission and City Council work sessions (outlined below) to respond to questions and provide clarification. The series of work sessions are spread out to ensure that there is ample time for the Commission and City Council to discuss the DDC Update. The work sessions are grouped by topic to help facilitate the discussion. Below is a brief outline and schedule of each work session: Work Session #2 Dates Topics Subchapters February 20 – Planning Nonconformities Subchapter 1 - General and Zoning Commission Provisions (pages 1 – 14) Status of Pending (completed) Applications/Approved Subchapter 2 - February 26 - City ProjectsAdministration and Council (completed) Procedures (pages 15 – Transition to New Zoning 108) Districts Subchapter 3 - Subchapter Summary Table of 3 - Zoning Districts (pages Review Procedures 109 – 158) \[This Citizen Participation Subchapter will be Certification of Zoning introduced and further Compliance discussed at the next work Planned Development session\] Minor Modifications Zoning Districts \[This topic will be introduced and further discussed at the next work session\] Work Session #3 Dates Topics Subchapters February 27 – Planning Zoning Districts Subchapter 3 - Zoning and Zoning Commission o Purpose Districts (pages 109 – o Dimensional 158) \[Continued\] March 5 - City Council Standards Subchapter 5 - Use Zoning Map Regulations (pages 199 – 302) Master Planned Communities (MPCs) and Planned Developments (PDs) Conditioned Zoning Table of Allowed Uses o New Uses o Approval Type Use-specific Standards Work Session #4 Dates Topics Subchapters March 6 – Planning and Zoning Map Subchapter 4 - Overlay Zoning Commission and Historic Districts Table of Allowed Uses (pages 159 – 198) March 19 - City Council Use-specific Standards Subchapter 5 - Use Overlay and Historic Regulations (pages 199 – Districts 302) \[Continued\] o Rayzor Ranch Subchapter 6 - o Historic Districts Development Standards Development Standards (pages 303- 438) \[This \[This topic will be Subchapter will be introduced and further introduced and further discussed at the next work discussed at the next work session\] session\] Work Session #5 Dates Topics Subchapters March 20 – Planning and Landscaping, Screening, Subchapter 6 - Zoning Commission Buffering, and Fences Development Standards (pages 303 - 438) March 26 - City Council Parking and Loading \[Continued\] Site and Building Design Subchapter 7 - Open Space Requirements Subdivision Regulations Gated Community (pages 439 – 460) Cluster Development Subchapter 8 – Homeowners Association Definitions (pages 460 – Definitions 510) A draft of the DDC Update and Draft Zoning Map was made available online for all to review on Friday, February 15. We encourage individuals interested in the DDC Update and Draft Zoning Map to visit www.DentonCode2030.com for more information or they can call Development Services at (940) 349-8541 during office hours to talk with a member of the City’s Planning staff. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council and Planning and Zoning Commission September 11, 2012 – City Council approved contract with Clarion Associates December 13, 2016 – City Council approved first amendment to contract April 28, 2017, – Purchasing staff approved second amendment to contract November 7, 2017 - City Council approved third amendment to contract March 27, 2018 – City Council Work Session regarding Administration and Procedures (Module 2) March 28, 2018 – Special Called Planning and Zoning Commission Work Session regarding Administration and Procedures (Module 2) April 10, 2018 - City Council Work Session regarding DDC Advisory Committee November 14, 2018 – Planning and Zoning Commission Work Session February 12, 2019 – City Council Work Session #1 February 13, 2019 - Planning and Zoning Commission Work Session #1 February 20, 2019 - Planning and Zoning Commission Work Session #2 February 26, 2019 – City Council Work Session #2 February 27, 2019 - Planning and Zoning Commission Work Session #3 Development Code Review Committee 28 meetings Other Boards and Commissions October 29, 2018 – Zoning Board of Adjustment Meeting November 12, 2018 – Historic Landmark Commission Public Meetings June 7, 2017 – Kick-off Open House September 28, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meeting November 13 - 15, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meetings March 28, 2018 - Administration and Procedures (Module 2) Public Meeting April 21, 2018 – Redbud Festival April 23, 2018 – Public Meeting at Fred Moore High School April 26, 2018 – Public Meeting at LaGrone Advance Technology Center May 2 – 3, 2018 – Office Hours at Development Services Center May 5, 2018 – Denton Community Market May 7, 2018 - Public Meeting at the Denton Convention Center May 10, 2018 - Public Meeting at Sam Houston Elementary School May 12, 2018 - Public Meeting at the Civic Center June 22, 2018 – Juneteenth Celebration August 4, 2018 – Denton Community Market October 6, 2018 – Denton Community Market November 3, 2018 – Denton Community Market January 17, 2019 – State of the City February 13, 2019 - Public Meeting #1 at the Council Chamber February 25, 2019 - Public Meeting #1 at the Council Chamber February 27, 2019 - Public Meeting #1 at the Civic Center Stakeholder Meetings March 28, 2018 - Denton Community Development Alliance April 18, 2018 - Denton Community Development Alliance April 18, 2018 - Administration and Procedures (Module 3) Public Meeting April 30, 2018 – Denia Neighborhood Meeting May 15, 2018 – AIA Dallas Codes and Standards Committee May 21, 2018 – Evening Rotary Club June 11, 2-18 – North Texas Fair and Rodeo Board (President) July 10, 2018 – Kiwanis Meeting August 27, 2018 – SEDNA Meeting November 6, 2018 – Kiwanis Meeting November 27, 2018 – AIA Dallas Codes and Standards Committee November 28, 2018 - Denton Community Development Alliance December 3, 2018 – Denia Neighborhood Meeting February 13, 2019 - Denton Community Development Alliance February 18, 2019 - Denton Community Development Alliance EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-017,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures, and review body. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 5, 2019 SUBJECT Receive a report and give direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures, and review body (ID19-017, Denton Square District, Sean Jacobson). BACKGROUND The fire on the Denton Square and the resulting demolition of the Downtown Mini Mall highlighted the lack of downtown standards to preserve the unique character of the Square. Development Services was tasked with developing draft standards for the area. Pursuant to this request, the Development Services Department researched seven Texas cities which have design standards for their downtown and/or historic downtown areas. Those cities were Fort Worth, McKinney, Waco, Roanoke, Bastrop, Coppell, and Grapevine. From this research, a draft of proposed standards for The Denton Square District was developed. Recognizing the importance of stakeholder feedback early in the process, Development Services met with four key groups to present the draft standards: Downtown property owners and businesses 2/26/18 Downtown Task Force 3/8/18 Denton Main Street Association 3/21/18 Historic Landmark Commission 4/9/18 All were supportive of the draft standards, while offering useful feedback. The draft standards were revised based on that feedback and were then presented in two work sessions: Planning and Zoning Commission 5/9/18 City Council 6/4/18 Both bodies provided beneficial feedback and guidance. The direction of City Council was to move forward, gather additional feedback from the community, and return with a revised draft. Based on that feedback, the standards were revised again, and the was expanded to provide improved procedures, a new Certificate of Design Appropriateness, and a potential review body for the proposed Denton Square District. Presentations have again been made to a range of citizen stakeholder groups, including: Denton Noon Kiwanis 10/6/18 Denton Main Street Association 10/15/18 Denton Economic Development Partnership 11/15/18 Downtown Task Force and Downtown property and business owners 11/26/18 Responses from these groups have been primarily favorable and they have requested staff move forward with only minor revisions. A draft ordinance is currently being reviewed by Legal. DISCUSSION The purpose of presenting the proposed Denton Square District, with draft Design Standards and Guidelines, procedures, and a review body, to City Council is to receive feedback and, if necessary, revise the draft. NEXT STEPS If City Council provides direction to move forward, an ordinance will be brought forward for public hearing at the Planning & Zoning Commission in March and to City Council for consideration in March/April. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Downtown Task Force on March 8, 2018 Informal Resolution of Support Historic Landmark Commission on April 9, 2018 Informal Resolution of Support Main Street Association on May 21, 2018 Informal Resolution of Support Planning and Zoning Commission on May 9, 2018 Reviewed draft Design Standards City Council on June 4, 2018 -- Reviewed draft Design Standards Main Street Association on October 15, 2018 Reviewed District and second draft of Design Standards Downtown Task Force and Downtown business owners on November 26, 2018 Reviewed District and second draft of Design Standards EXHIBITS 1. Agenda Information Sheet 2. Design Standards and Guidelines for the Denton Square 3. Understanding the District 4. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Director of Planning Prepared by: Sean Jacobson Assistant Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-486,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding the assessment of pavement failures throughout the City of Denton. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: March 5, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the assessment of pavement failures throughout the City of Denton. BACKGROUND The City has experienced a significant number of concrete pavement failures throughout the City, particularly in the far southeast portion of the City. These failures have been significant enough to require considerable expense by the City to replace failed and damaged pavement. The failures have occurred primarily in residential developments constructed by private developers. This investigation was authorized by City Council in the fall of 2018 to understand the elements, practices and/or conditions that led to the pavement failures, and then make recommendations to prevent these failures from occurring in the future. The investigation included field observations, a significant geotechnical investigation, review of project record drawings and a review of City of Denton specifications and procedures. A total of 71 bores were taken on 61 different streets in subdivisions constructed within the last twenty years. Failures During the investigation, three primary failure modes were observed. They are: 1. Joint spacing deficiencies 2. Settlement, particularly over utility trenches 3. Subgrade heaving Causes The investigation shows a variety of causes for the failures, but they can be boiled down to a few primary issues: 1. The geologic formations in this area consist of a variety of underlying soil types that include highly expansive clays, sand seams, silt and limestone layers. Many of these soil types are not conducive to stable construction. Extreme weather changes compound the effects of these soils on construction. 2. Design of public improvements has often not included a site-specific geotechnical investigation to adequately address soil and groundwater conditions. 3. Construction methods have in many cases not followed City of Denton and project-specific specifications sufficiently to deal with these conditions. Repairs Repairs of existing failures will for the most part require removal and replacement of the damaged concrete pavement. However, a crack sealing program can be (and is being) used to delay many of the repairs, and forestall further damage, particularly for the older streets. Recommendations for New Construction Since soil types and the weather is not a changeable component of each project, the recommendations generated from this study focus on design best practices, construction methods and quality control processes forpublic improvements as follows. 1. First, require a detailed geotechnical investigation with design recommendations for each project, and establish specific criteria and guidance for identifying potential problems on that particular site, including soil conditions and groundwater. 2. Second, improve adherence to the standard and project-specific construction specifications. That will require a significant increase in the presence of construction inspectors on the project sites, and increased materials testing efforts. It is our opinion that had the existing City standards been consistently adhered to, the failure rate of the concrete pavements we observed would have been dramatically decreased. 3. Conduct random proof testing of trenches to ensure compliance with the specifications. Some of these recommendations were put in place prior to the pavement failure study. A more extensive description of the repairs and methodologies to be utilized as part of a pavement remediation program is described in the final report submitted by Teague Nall and Perkins, Inc. A program is currently being identified by staff for recommendation as to the breadth and expanse of a comprehensive pavement remediation program to overcome the pavement failures identified within the report. This program is being centered on review of construction methods used combined with visual inspection of new construction that predates the current City of Denton design criteria manual and pavement recommendations which require a very conservative pavement design unless the developer provides a geotechnical report signed and sealed by a professional engineer or geoscientist licensed in the State of Texas. Staff will provide the details of t fiscal year. Links to the final report and maps (combined) can be found on the construction page at:https://www.cityofdenton.com/en-us/residents/getting-around/streets-and-construction Link directly to the final report: https://www.cityofdenton.com/CoD/media/City-of- Denton/Residents/Getting%20Around%20Denton/Final-Report.pdf Link directly to the maps (combined): https://www.cityofdenton.com/CoD/media/City-of- Denton/Residents/Getting%20Around%20Denton/Maps-Combined.pdf RECOMMENDATION Utilize the results and recommendations of the report to establish a pavement remediation program for site evaluation. ESTIMATED SCHEDULE OF PROJECT Establish a pavement remediation program to be funded beginning the next fiscal year (FY 2019-2020). Staff will bring the breadth of the program back to council during the budget process. FISCAL INFORMATION No fiscal impact due to this consideration. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Presentation Exhibit 3: Pavement Failures Report (link above) Exhibit 4: Geologic Boring Log Map Locations (link above) Respectfully submitted: W. Todd Estes, PE City Engineer Prepared by: Daniel Kremer Deputy Director of Streets, Drainage and Traffic Operations City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-522,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding Denton Development Code Subchapter 17, Conservation and Landscape Standards. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 5, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding Denton Development Code Subchapter 17, Conservation and Landscape Standards. BACKGROUND The tree preservation regulations are currently a component of Sec. 35.13.7, of the Denton Development Requirements (inclusive of the tree fund) were adopted in 2004 to promote tree preservation and to facilitate site design and construction that would allow for the long-term viability of trees. This report outlines the history of meetings, discussions, and changes that have occurred regarding updates to the tree, landscape, and environmentally sensitive area (ESA) standards within the DDC. Additionally, the Considerations section below describes the primary changes proposed in the consolidated draft of the new Conservation and Landscape Code. The consolidated draft was discussed with the City Council at a Work Session on November 13, 2018. At this meeting the Council directed staff to proceed with consolidated draft and to seek public input on the draft. Initially, on May 21, 2018 staff presented a number of policy questions regarding the comprehensive rewrite of DDC Subchapter 13, Tree Preservation and Landscape Standards to the Committee on the Environment (COE). Policy questions discussed included: 1. Should the city develop a comprehensive Tree Management Plan? 2. Where applicable, should the new code defer to Texas Local Government Code Section 212.905 as the governing language? 3. Should all or a percentage of tree mitigation plantings be permitted off-site or as street trees? 4. Should the planting of trees in an off-site tree bank (i.e. area set aside as a permanent receiver site for tree plantings) be explored? 5. If preserved canopy is credited towards meeting tree canopy requirements as part of the landscape requirements, should it only apply to buffer tree requirements; meaning a developing property would still be required to provide street trees and trees within the parking lot? 6. Should property owners subject to the tree preservation regulations memorialize their tree preservation plan through the use of a development agreement, conservation easements, land use or deed restrictions, or tree preserves/transfer of title to a public agency/entity or other method? Subsequently, on August 6, 2018 staff presented to the COE specific changes proposed to the Tree Code, including the following: o Creates an intent to achieve a 30% tree canopy coverage citywide to promote a multi-aged urban forest. o Establishes Exempt, Quality, Heritage and Historic Trees. o Establishes a Development Impact Area within each lot being developed. o Establishing Preserved Habitat Areas and Conservation Easements as incentives for preserving trees in close proximity to each other and to ESA habitats. On August 22, 2018 staff presented an update on the Tree Code to the Planning and Zoning Commission during the work session. During this update, staff discussed some of the larger policy questions that had been previously reviewed with the City Council and COE. A few of the major concerns of the Planning and Zoning Commissioners included: Whether mesquite trees should be protected or exempted from preservation requirements. A desire to focus more on the preservation of high quality trees such as Post Oaks and Blackjack Oaks. Whether the 30% preservation goal was sufficient or whether the goal should be increased to 40%. Staff again presented updates to the tree code and landscape code to the COE on September 17, 2018 and to the Planning and Zoning Commission on September 26, 2018 and October 10, 2018. At the September COE meeting, staff was asked to conduct further research into what types of trees are the most efficient at -of-way is available for planting trees if trees are donated as a result of mitigation requirements, and whether the proposed standards will be sufficient to meet the proposed canopy coverage goals. Following the September COE meeting staff researched these topics and further refined the drafts of the tree preservations and landscape regulations. Staff presented a consolidated draft of the newly proposed Landscape and Conservation Code, which includes ESA regulations in addition to tree preservation and landscaping, to the COE on November 5, 2018. On November 13, 2018 a work session was held with City Council to get policy input and post an updated draft of the regulations for public input in advance of public hearings. Subsequently, the same draft was presented to the Planning and Zoning Commission at public hearings on November 28, 2018 and December 12, 2018. Following these hearings and discussions with other City departments, staff prepared a final draft of the consolidated code and posted this draft for public review on February 1, 2019. This draft was presented to the Committee on the Environment on February 4, 2019. Additional updates to the draft were made and scheduled for a public hearing with the Planning and Zoning Commission for February 20, 2019. At this public hearing staff informed the Commission that many aspects of the proposed regulations are still being actively discussed with stakeholders such as the local development community. In order to allow additional time for staff to respond to and incorporate much of this feedback and to finalize the draft, the Planning and Zoning Commission voted \[7-0\] to continue this item to the March 6, 2019 Planning and Zoning Commission meeting. Staff updated the draft based upon input received. The City Manager recommendation was to meet with Mayor Watts and Council Member Briggs, Chair of the COE, to review and provide feedback on the latest changes. Three separate meeting were held to collaborate and review changes that address issues raised by the development community and residents, and how those changes balance property rights and tree preservation. Outlined below is a summary of the most recent updates to the February 1, 2019 draft. The draft of Subchapter 17 Conservation and Landscape Code dated March 1, 2019 is provided as Exhibit 2. CONSIDERATIONS 1. Applicability Existing Single-family and Duplex are now exempt. Carried forward existing language for Agricultural Operations Included exemptions listed in non-protected trees section. Carried forward existing language on exemptions for understory for completing surveys and protected trees less than 10 inches dbh to determine a property line. Preliminary or Final Plat applications or a Building Permit application deemed complete as of the effective date would also be exempt. 2. Tree Types Reduced Protected Trees to 4 types 1) Landmark No changes from previous drafts and none currently in the City. 2) Heritage - All Quality trees with a dbh greater than 18 inches and all Post Oaks with a dbh of six inches or greater. 3) Quality - All healthy non-secondary trees, except Post Oaks that measures between six inches and up to 18 inches at dbh 4) Secondary - nwood trees with a dbh of 6 inches or greater. Preservation based on Heritage and Quality trees. Mitigation based on Heritage, Quality, and Secondary trees. 3. Preservation Simplified and reduced replacement rate for trees removed. Option to reduce minimum preservation of 30% to 20% with additional mitigation of .25 inches for the 10% removed. Alternative Tree Preservation Plan. Provides an additional option for challenged sites at a staff level in the following circumstances: 1) To allow trees less than the minimum DBH to be counted for Protected Trees when: a. The allowance would result in the preservation of a greater number of Post Oak trees regardless of DBH; or b. The preservation of a Protected Trees would cause a substantial burden but smaller DBH quality trees are located in such a way that the trees can be incorporated into the site design such as the parking lot, buffer, or front yard landscaping. 2) To allow Secondary Trees to count towards the minimum required preservation instead of Quality Trees. 4. Credits and Incentives Credits based upon Texas Local Government Code 212.905 50% Credit for Residential stayed the same Reduced Nonresidential to 40% per 212.905 Consolidated credits for Heritage trees and increase credits for Quality trees. Allow for an additional credit for Secondary trees provided: Minimum preservation of 30% is achieved for Heritage and Quality Trees; and Secondary Trees dbh preserved shall not be greater than 50% of the preserved Quality tree dbh. 5. Mitigation Included Cross-Reference to Tree Preservation Relief provisions currently in the DDC Allows a determination by City Council of whether Tree Preservation and related development applications, would if not modified or other relief granted, may unreasonably burden the development of the property. City Council shall consider whether there is any evidence from which it can reasonably conclude that the application of all or a part of the provisions of tree preservation may deprive the applicant of all economically viable use of the property, based on the following factors: Whether there is a unique physical circumstance on the property. Whether the proposed design has minimized the loss of trees to the extent possible. Whether preservation and/or mitigation unduly burdens the development of the property Payment-in-Lieu. Basing the fee on actual costs to the city for the purchase, planting, and irrigation of a 2-inch tree for 2-years. The previous draft version had one year and the current DDC is based upon 3-years. While not a component of the text amendment, staff recommends increasing the mitigation fee from $125 an inch to $200 an inch. This fee is based upon a cost of $190 an inch for the purchase and planting and $6.50 an inch for the irrigation; $209 rounded down to $200 given the increase in require preservation and increase in required trees. Tree Fund. This section was reorganized so that the eligible use of that fund are Provided as Exhibit 3 is the presentation which includes test cases for single-family residential that is representative of the tree types dominant on the east and west sides of the city. A commercial example is also provided. EXHIBITS 1. Agenda Information Sheet 2. Subchapter 17 Conservation and Landscape Code dated March 1, 2019 3. Presentation 4. Public Comments received as of March 1, 2019 Respectfully submitted: Richard D. Cannone, AICP Deputy Director/Planning Director 1 SUBCHAPTER 17 CONSERVATION AND LANDSCAPING REQUIREMENTS 2 35.17.1 Definitions and Terms 3 Building Pad: The actual foundation area of the primary building and a 10-foot clear area around the 4foundation necessary for construction and grade transitions. 5 Calculated DBH: The DBH of the Tree to be removed multiplied by the appropriate Tree classification 6ratio as described Subsections 35.17.3.I.4 of this subchapter. 7 Conservation Easement: A voluntary and permanent deed restriction which limits the development 8and/or subdivision of property for the purposes of protecting tree conservation in the land. The 9easement is a recorded restriction, applies to and binds all subsequent owners, and may be held by 10either a non-profit entity or organization that manages open space, such as a land trust or other 11qualified entity, pursuant to Section 170(h) of the Internal Revenue Code, as amended, or a 12governmental entity. The conservation easement shall contain the prescribed minimum preservation 13amount, included a stand of trees and understory, and shall be the greater of 10% of the property or 145,000 square feet. 15 Critical Root Zone (CRZ): Is the area of soil extending from the tree trunk where roots required for 16future tree health and survival are located. This area can also be defined as a circle with a minimum 17 18 Dead or Unhealthy Tree: Shall mean any tree certified by a ISA certified arborist, an ASCA registered 19arborist, a SAF certified forester, or a registered landscape architect to be dead or significantly diseased, 20injured, or hazardous and in danger of falling or dying. 21 Developed Floodplain. Area within the FEMA 1% Annual Chance Floodplain (a.k.a. 100-year floodplain) 22for which the natural stream has been redesigned and no longer exhibits characteristics of a natural 23channel and/or its floodplain has been significantly modified, graded, filled, or otherwise disturbed. 24 Development Impact Area: Shall mean and include any man-made change to improved or unimproved 25real estate, including but not limited to, accessory buildings or other structures, paving, drainage or 26utilities. Development activities include: subdivision of land; construction or alteration of structures, 27roads, parking, fences, pools, signs, temporary uses, utilities, and other facilities; installation of septic 28systems; grading; excavation, mining or drilling operations; deposit of refuse, debris, or fill materials; 29and clearing of natural vegetative cover (with the exception of agricultural activities as defined and as 30permitted). Environmental Sensitive Areas (ESA), Conservation Easements, and Preserved Habitat are 31excluded from the Development Impact Area. 32 Diameter at Breast Height (DBH): The tree trunk diameter measured in inches at a height of 4.5 feet 33above ground level. For multi-trunk trees, combine the diameter of the largest stem or trunk with one- 34half (0.5) of the diameter of each additional stem or trunk, all measured at four and one-half 4.5 feet 35above ground level. 36 Dripline: The outermost circumference of a tree canopy. 37 Heritage Trees: All Qualityhealthy trees, including Mesquite and Honey Locust, with a dbh greater than 3818 inches and all Post Oaks and Blackjack Oaks with a regardless of dbh of four six inches or greater. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 1 39 Landmark Trees: A healthy tree that is designated by the property owner on the Texas Big Tree Registry 40regardless if the tree is protected or a non-protected tree; or a tree designated as a Historic Tree where 41an event of historic significance occurred that had local, regional, or national importance; or at the 42home of a citizen who is famous on a local, regional, or national basis; or that has taken on a legendary 43stature in the community, is mention in literature or documents of historic value, or is considered 44unusual due to size, age, or other landmark status. Historic Trees shall be designated following the 45Historic Landmark Designation procedure. 46 Large Secondary Trees. All healthy Bois Arc, Hackberry, or Cottonwood trees with an dbh of twelve 47(12) inch or greater dbh. 48 Mitigation DBH: The total number of diameter inches of trees removed that must be mitigated by either 49replanting or alternative means as described in subsection 35.17.3.I of this subchapter. This total is 50determined by subtracting credits granted for preserved trees from the Preliminary Mitigation DBH. 51 Non-Protected Tree: The following are considered Non-Protected Trees: 52a. Diseased or Dead or Unhealty Trees; 53b. Tree that poses an imminent or immediate threat to persons or property; 54b.c. Crepe Myrtles; 55c.d. Mesquite unless part of a Preserved Habitat or Conservation Easement; or 56e. Honey Locust, unless part of a Preserved Habitat or Conservation Easement; or 57d.f. Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant List. 58 59 Nuisance. Physical or environmental conditions resulting in regular and/or continuous problems 60affecting the health, safety, and quality of life of citizens. 61 Preliminary Mitigation DBH: The total determined by calculating 50% of the total Calculated DBH of 62trees to be removed before applying any credits for preserved trees to determine the Mitigation DBH. 63 Preserved Habitat: Areas considered outside the development impact area or ESA where vegetation is 64retained to preserve natural ecological conditions and protect wildlife. Preserved Habitats may be 65dedicated as a Conservation Easement, and if not dedicated as a Conservation Easement must otherwise 66be restricted on a plat. Preserved Habitat shall contain the prescribed minimum preservation amount, 67contain a stand of trees and understory, and shall be the greater of 10% of the property or 5,000 square 68feet. 69 Protected Trees: Landmark, Heritage, Quality, Large Secondary, or Secondary Trees. 70 Quality Trees: All healthy non-secondary trees, except blackjack and pPost oOaks that measures 71between six inches and up to 18 inches at dbh. 72 Replacement Inches: The total combined inches at DBH of all Protected Trees that are proposed to be 73removed and that are located within the Development Impact Area. 74 Riparian Buffer. Areas within one hundred (100) feet, measured from both sides of the stream 75centerline, with drainage areas greater than one (1) square mile, and fifty (50) feet from both sides of 76any streams centerline that drain areas of one (1) square mile or less. This also applies to the outer 77edges of surface water bodies. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 2 78 Secondary Trees: A healthy Bois D' Arc, Hackberry, or Cottonwood with a dbh greater than six inches 79and less than 12 inches. 80 Stream. Linear geographic feature that conveys flowing waters. Headwater streams are the uppermost, 81low-order streams of a watershed and comprise the majority of streams in the United States, both in 82terms of number and length. Streams can be perennial, intermittent or ephemeral. 83 Surface Water Body. Term to include streams, ponds, lakes, and freshwater wetlands. 84 Tree Protection Zone (TPZ): is an area where construction activities are prohibited or restricted to 85prevent injury to preserved trees, especially during pre-construction and construction, and includes the 86Critical Root Zone and/or beyond. 87 Undeveloped Floodplain. Areas within the FEMA 1% Annual Chance Floodplain (a.k.a. 100-year 88floodplain), that are undeveloped and in their natural state. 89 Cross Timbers Upland Habitat. Contiguous areas ten acres or larger of Cross Timbers habitat. 90 Valley Storage. Water storage capacity of a stream expressed as a volume that is measured below the 91base flood elevation. 92 Water Related Habitat. Areas designated as wetlands, and trees and understory vegetation containing 93fifty (50) percent or more of predominately native bottomland hardwood. Bottomland hardwoods occur 94on the first terrace of floodplains and flats along channels. Periodic inundation prevents establishment 95of upland species and maintains the functioning of this type of vegetation. 96 Wetland. Area that is inundated or saturated by surface or ground water at a frequency and duration 97sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 98typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, 99bogs, and similar areas. Includes adjacent and isolated wetlands. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 3 100 35.17.2 Environmentally Sensitive Areas (ESAs) 101A. Purpose. 102This Section is intended to achieve the following goals: 1031. Manage and protect environmentally sensitive areas within the City. 1042. Protect the natural and ecological resources that are essential elements of the City's health 105and community character and which provide irreplaceable plant and wildlife habitat; 1063. Establish a development framework for the City that respects private property rights, while 107encouraging them to be used responsibly for the benefit of the entire community; 1084. Preserve and enhance the City's distinctive community character and quality of life by 109ensuring that its natural and built environments are consistent with the community vision 110and values embodied in The Denton Plan. 1115. Establish regulations that conform to the requirements of the state and federal government 112regarding air quality, water quality and environmental protection. 1136. This Subchapter is adopted pursuant to authority vested under the City's charter, and Texas 114Local Government Code, Chapters 211, 212, and 551. 115B. Applicability. 1161. The standards of this Subchapter shall apply to all land and all development within the 117corporate limits of the City, except as otherwise specifically provided for in this Subchapter. 1182. The floodplain standards of this Subchapter shall apply to all land and all development within 119the extraterritorial jurisdiction (ETJ) of the City. 1203. The type of regulation applicable to the land depends upon the classification in which the 121land is placed, as provided in the Denton Development Code. If those regulations conflict 122with other regulations of this Subchapter, the more stringent of the two regulations shall 123apply. 1244. Exemptions: 125a. Property that does not contain any Environmentally Sensitive Areas as depicted on the 126City's Environmentally Sensitive Areas Map. 127b. Grading, filling, cutting or other earth-moving activity on any lot involving less than 128twenty-five (25) cubic yards for residential projects or fifty (50) cubic yards for non- 129residential projects. 130c. Existing platted lots with single-family and duplex dwellings. 131d. The applicant can demonstrate through an Environmentally Sensitive Area field 132assessment application the subject property contains no Environmentally Sensitive 133Areas or their location is not as depicted on the ESA map. 134C. Official Map. 1351. Environmentally Sensitive Areas Map. 136The official map that identifies areas designated as Environmentally Sensitive Areas (ESAs). Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 4 1372. Environmentally Sensitive Areas Map Amendments. 138a. The map may be updated administratively when an ESA field assessment is conducted 139for a property and approved by the Director of Development Services. 140b. 141Floodplain ESAs boundary maps will be readjusted accordingly. 142c. Substantial amendments of the map shall follow the Zoning Amendment Procedure 143detailed in Subchapter 3. Substantial amendment is defined as changes impacting the 144whole city, excepting changes caused by the publication of new flood insurance rate 145maps (FIRMs) by FEMA. 1463. Environmentally Sensitive Areas Field Assessments. 147Field assessments are required prior to platting of property when there is reasonable evidence 148that Environmentally Sensitive Areas, as depicted on the official ESA Map, may not be accurate. 149ESA field assessments that require map adjustments, which shall be done in accordance with 150Section C.2, shall supersede the official ESA Map in determining what areas are subject to the 151requirements of this Subchapter as applied to a proposed development. 152a. Information Required. 153i. Information as required on the Environmentally Sensitive Area Assessment 154application and checklist must be provided. Additional information deemed 155appropriate and necessary to process the application may be required. 156b. Expiration. 157i. An Environmentally Sensitive Areas field assessment shall expire after two (2) 158years of its approval, or if the natural conditions of the ESA have been significantly 159altered. 160c. Appeals. 161i. Appeals to staff determinations shall follow the Zoning Amendment Procedure 162detailed in Section 35.3.4. 1634. Text Applicability. 164The text of this Subchapter, including definitions, describes and regulates the protected ESAs 165shown on the City's Environmentally Sensitive Areas Map. In the case of any discrepancy the 166text of Section 35.17.2 shall control. 167D. Environmentally Sensitive Areas Criteria Manual. 168In addition to meeting the requirements expressly established in this Subchapter, all environmentally 169sensitive areas shall comply with the Environmentally Sensitive Areas Criteria Manual. Where there is 170conflict between a provision set forth in this Subchapter and a provision of the Environmentally Sensitive 171Areas Criteria Manual, the provisions of this Subchapter shall apply. 172E. Criteria for Approval. 1731. Review Required. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 5 174Environmentally Sensitive Area compliance review for residential or non-residential 175development must be performed as part of a final plat application, site plan application, clearing 176and grading permit, or any other applicable permission to commence land-clearing activity.. 1772. Information Required. 178Information as required on the applicable checklist must be provided. Additional information 179deemed appropriate and necessary to process the application may also be required. 1803. Criteria for Approval. 181The requirements of an Environmentally Sensitive Areas review shall be deemed met when the 182applicant demonstrates: 183a. The land development activity complies with the requirements of this Subchapter for 184floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat and all other 185federal, state or local laws as part of the final plat or site plan. 186b. The land disturbing activity will not cause damage to Environmentally Sensitive Areas 187adjacent to the areas to be disturbed. 188c. The land disturbing activity complies with the requirements of Subchapter 18. 189 d. Protective fencing as specified in the Environmentally Sensitive Areas Criteria Manual 190has been established at the perimeter of the ESA. Protective fencing shall clearly mark 191and delineate all ESAs to be protected and preserved for the duration of the land 192disturbing activities on the property. 193e. A wetland delineation by a trained scientist has been performed if encroachments into 194jurisdictional wetlands are proposed, and a Section 404 195Nationwide Permit or a Letter of Permission from the U.S. Army Corps of Engineers has 196been obtained. 197f. An alternative Environmentally Sensitive Area plan has been approved for the subject 198development. 1994. Expiration. 200The Environmentally Sensitive Area review shall expire when the final plat for residential 201development approval expires, or when the site plan approval for a non-residential 202development expires. 2035. Credit. 204 Any Environmentally Sensitive Area that is preserved may be used towards meeting: 205 a. Parkland dedication in accordance with the Parkland Dedication Ordinance. 206 b. Drainage standards in accordance with Subchapter 19. 207F. Floodplain Development Standards. 208Upon field verification, areas designated as FEMA 1% Annual Chance Floodplain would be classified 209according to the existing conditions as Developed or Undeveloped floodplains. 2101. Developed Floodplain. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 6 211a. Development within the Developed Floodplains shall comply with Subchapter 35.19 212Drainage Standards. 213b. Section 35.17.2.G applies when Riparian buffers and Water-related habitats are nested, 214partially or wholly, inside Developed floodplain ESAs. 215c. Gas well drilling and production within developed floodplains shall comply with 216Subchapter 35.22 (Gas Well Drilling and Production). 2172. Undeveloped Floodplain. 218The following uses and activities are regulated in the Undeveloped Floodplain. 219a. Permitted Uses and Activities. 220The following permitted uses and activities are allowed if compliant with the Subchapter 22119 Drainage Standards and Chapter 30 of the Code of Ordinances: 222i. The planting of any new trees or vegetation. 223ii. Restoration or enhancement of floodplains, riparian buffers, water related 224habitats, upland habitats, wetlands and streams as required by federal and state 225standards. 226iii. The placement of public or private utility facilities such as sewer, storm water, 227water, electricity, gas, or other utilities as long as the disturbed area is restored to 228minimized erosion and promote the recovery of the Environmentally Sensitive 229Areas, and when adequately flood proofed. 230iv. Measures to remove or abate nuisances, the removal of invasive plant species, or 231any other violation of federal, state or local law, with the approval of the 232Department of Environmental Services. 233v. Parking lots, subject to the limitations on fill as specified in Section 35.17.2.F.2.c 234and constructed of pervious materials. 235vi. Parks, open space, recreational uses, trails, walkways and bike paths. 236vii. Storm water quality controls. 237viii. Construction of roadways identified on the Mobility Plan as long as the disturbed 238areas are restored to minimize erosion and promote the recovery of the 239Environmentally Sensitive Area subject to the Director of Environmental Services 240approval. 241ix. Routine repair and maintenance of existing structures, roadways, driveways, 242utilities, and accessory uses. 243x. Agricultural activity permitted through Nationwide Permit 40 (NWP 40), 244Agricultural Activities pursuant Section 404 of the Clean Water Act or any other 245federal permits. 246xi. Any action taken by federal, state, or local officials in an emergency to mitigate an 247existing or potential hazard. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 7 248xii. The construction of a private driveway, as long as the disturbed areas are restored 249to minimize erosion and promote the recovery of the Environmentally Sensitive 250Area subject to the Department of Environmental Services approval. 251xiii. Gas well drilling and production shall comply with Subchapter 35.22 Gas Well 252Drilling and Production. 253xiv. Fill activities subject to limitations as outlined in Section 35.17.2.F.2.c. 254xv. Culverts and bridges as long as the disturbed areas are restored to minimize 255erosion and promote the recovery of the Environmentally Sensitive Area subject to 256the Department of Environmental Services approval. Culverts and bridges are 257exempt from the limitations in fill set in Section 35.17.2.F.2.c. 258b. Prohibited Uses and Activities. 259The following prohibited uses and activities are not allowed in Undeveloped Floodplains: 260i. Placement, handling, processing areas, and/or storage of hazardous waste. 261Hazardous waste and solid waste landfills. 262ii. Land disturbing activity not authorized by a U.S. Army Corps of Engineers Section 263404 Permit or Letter of Permission. 264iii. Any new structures or additions, including garages and carports, and storage sheds 265located within the area mapped as Undeveloped Floodplain. 266iv. Tree and understory vegetation removal, except as allowed by Subsection 35.22.9 267and 35.19.4.E.2. 268v. Septic tanks, septic tank drain fields, and other forms of on-site wastewater 269treatment. 270c. Standards for fill in Undeveloped Floodplains. 271The following are standards for fill in the Undeveloped floodplain: 272i. Filling of any floodplain of a stream that drains more than one (1) square mile is 273prohibited unless the fill on any lot is less than fifty (50) cubic yards or three 274hundred (300) cubic feet per acre, whichever is greater. 275ii. Up to fifteen (15) percent of the floodplain valley storage may be filled if the stream 276drains less than one (1) square mile. 277iii. In addition to meeting the requirement for fill set above, all fill activities in the 278Undeveloped floodplain shall comply with the Environmental Sensitive Area 279Criteria Manual, Subchapter 19 Drainage Standards, and federal law. 280 281G. Riparian Buffer and Water Related Habitat Development Standards. 282The following uses and activities are regulated in the Riparian Buffers and Water Related Habitats and are 283in addition to the regulations for development in this Subchapter. 2841. Permitted Uses and Activities. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 8 285a. Placement of private residential yard amenities, including but not limited to: gardens, 286yards, trails, and clearings, that would result in disturbing up to ten (10) percent of the 287area, but in no instance shall the protective buffer width be decreased below twenty- 288five (25) feet measured each direction from the centerline of the existing channel or the 289outer edge of surface water bodies. No disturbance is permitted in delineated wetlands. 290b. Riparian buffers nested, partially or wholly, inside Developed floodplains may be 291disturbed up to ten (10) percent of the area but in no instance shall the protective buffer 292width be decreased below twenty-five (25) feet measured each direction from the 293centerline of the existing channel or the outer edge of surface water bodies. No 294disturbance is permitted in delineated wetlands. 295c. Repair, replacement or improvement of public utility facilities where the disturbed 296portion of the Environmentally Sensitive Area is restored, and vegetation listed as 297invasive is removed and replaced with vegetation from the CityNative Plant List in the 298Site Design Criteria Manual. 299d. Additions, alterations, rehabilitation, or replacement of existing structures that do not 300increase the existing structural footprint in the Riparian Buffer or Water Related Habitat. 301Any disturbed areas must be restored using native vegetative cover. 302e. Stream, wetland, riparian and upland enhancement or restoration projects. 303f. Agricultural activity, including buildings and structures, permitted through Nationwide 304Permit 40 (NWP 40), Agricultural Activities pursuant Section 404 of the Clean Water Act 305or any other federal permit. 306g. Routine repair and maintenance of existing structures, roadways, driveways, utility 307facilities, accessory uses and other development. 308h. Construction of roadways identified on the City Mobility Plan as long as the disturbed 309areas are restored to minimize erosion and promote the recovery of the 310Environmentally Sensitive Area and subject to the Director of Environmental Services 311approval. 312i. Measures to remove or abate nuisances, or any other violation of state statute, 313administrative rule, or City Code of Ordinances. 314j. Any action taken by the City in an emergency to mitigate an existing or potential hazard. 315k. Gas well drilling and production within riparian buffers and water related habitats shall 316comply with Subchapter 35.22 Gas Well Drilling and Production. 3172. Prohibited Uses and Activities. 318The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats: 319a. Land disturbing activity not authorized by a US Army Corps of Engineers Section 404 320Permit Letter of Permission. 321b. Tree and understory vegetation removal, except as allowed by Subsection 35.19.4.E.2. 322c. Placement, handling, processing, or storage of hazardous waste. 323d. Any structures, including storage sheds, garages and carports. 324 e. Septic tanks, septic tank drain fields, and other forms of onsite wastewater treatment. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 9 325H. Cross Timbers Upland Habitat Development Standards. 326The following uses and activities are regulated in the Upland Habitat and are in addition to the restrictions 327for development within this Subchapter. 3281. Permitted Uses and Activities. 329a. Residential development shall be designed to retain a contiguous fifty (50) percent tree 330canopy, which shall remain predominantly in its natural state. Preservation of upland 331habitat contiguous to forested areas on adjacent properties or parcels is strongly 332encouraged. Trees removed shall be considered part of the Development Impact Area 333of a site and will be subject to tree preservation and landscape requirements. 334b. Non-residential development shall be designed to retain thirty (30) percent tree canopy 335which shall remain predominantly in its natural state. Preservation of upland habitat 336contiguous to forested areas on adjacent properties or parcels is strongly encouraged. 337Trees removed shall be considered part of the Development Impact Area of a site and 338will be subject to tree preservation and landscape requirements. 339c. Selective pruning conducted by or under the supervision of an International Society of 340Arboriculture (ISA) certified arborist is allowed to remove up to one-quarter of the 341canopy for the purposes of tree health. 342d. Enhancement or restoration projects as approved by the Department of Environmental 343Services. Funds expended on an approved enhancement or restoration project may be 344credited against required replacement in Section 32.17.2.I. 3452. Prohibited Uses and Activities. 346a. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment are 347prohibited in areas set aside for required preservation. 348I. Subdivision Clustering Design Standards. 349Clustering of development shall be utilized to minimize impact to the natural environment. Clustering 350shall be designed to maintain a contiguous forested area. 351J. Alternative Environmentally Sensitive Area Plans. 3521. Approval Process. 353The Alternative Environmentally Sensitive Area Plan provides the option to address the 354regulations through a flexible discretionary process utilizing the Zoning Amendment Procedure 355outlined in Subchapter 35.3.4. 356 2. Development Impact Area 357If an Alternative Environmentally Sensitive Area Plan is approved, any areas of the ESA in which 358encroachment is permitted are considered part of the Development Impact Area of a site and 359are subject to tree preservation and landscape requirements. 360Areas of ESA that are to be left undisturbed will be excluded from the Development Impact 361Area. Additionally, areas restored or provided as mitigation as part of an approved Alternative 362ESA plan will be excluded from the Development Impact Area. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 10 3633. Criteria for Approval. 364City Council may approve the alternative plan with conditions necessary to mitigate the impacts 365of the proposed development upon considering the factors and goals noted in this section. 366a. Mitigation goals are obtained by creating, expanding, and/or improving 367environmentally sensitive areas. 368b. Mitigation goals are obtained by preserving environmentally sensitive areas above the 369minimum requirements, exchanges between different types of ESAs, installing pollution 370prevention controls, and/or implementing best management practices or any other 371approaches that result in the improvement of the environment being impacted. 372c. Areas offered as mitigation are linked to existing or planned open space or conserved 373areas to provide an overall open space system. 374d. Development is arranged for maximizing access and utilization of the environmentally 375sensitive areas by citizens. 376e. Areas offered as mitigation are placed either in a lot or lots that incorporate a 377permanent conservation easement, preserved habitat, restrictive covenants, or such 378other legal mechanism to allow for the long term conservation of said areas. Such legal 379mechanism shall limit any future land disturbing activity or construction within the 380environmentally sensitive areas and shall run with the land and be binding upon all 381successors and assigns of the current owner. 382f. The Alternative Environmentally Sensitive Area Plan shall demonstrate that the property 383owner's alternative proposal results in a high quality development meeting the intent 384of the standards in the Denton Development Code. 3854. Information Required. 386Information as required on the alternative environmentally sensitive areas plan checklist must 387be provided. Additional information deemed appropriate and necessary to process the 388application may also be required. 389 35.17.3 Tree Preservation 390 A. PURPOSE AND INTENT. 3911. Purpose. The Denton Plan identifies the importance of environmental management, while 392allowing reasonable and responsible development of land within the City. Towards this end, the 393purpose of these regulations is to promote the preservation and expansion of tree canopy, 394facilitate site design and construction that contributes to the long term viability of existing trees, 395and to establish a process to manage the removal of tree canopy. Further, this Subchapter is 396intended to accomplish the following public purposes: 397a. Protect trees and promote the ecological, environmental, and aesthetic values of the 398City; 399b. Maintain and enhance a positive image of the City through the preservation, 400mitigation, and planting of trees; 401c. Prevent the untimely and indiscriminate removal or destruction of trees and clear- 402cutting of land; 403d. Provide for a permitting and enforcement procedure; 404e. Preserve the public health, safety, and general welfare of citizens; Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 11 405f. Encourage the protection of healthy trees and provide for the replacement of trees that 406are necessarily removed during construction, development, or redevelopment; 407g. Provide for the preservation and protection of larger native and established trees, which 408provide a valuable amenity to the urban environment and which, once destroyed, can 409only be replaced after generations, if at all; 410h. Enhance and preserve established tree stands adjacent to Environmental Sensitive Areas 411in order to further protect wildlife habitats and reduce impacts from new developments; 412i. Provide for shade, windbreaks and the cooling of air; thereby, reducing dependence upon 413air conditioning and its drain upon nonrenewable energy sources; 414j. Provide for open space and more efficient drainage of land; thereby, reducing the effects 415of soil erosion and the need for additional drainage facilities. 416 417 418 B. EXCEPTIONS 419The requirements of 35.17.3 shall not apply to the following circumstances: 4201. Agricultural operations under Tex. Agric. Code Sec. 251.002(1), as amended, and that have 421continued agricultural operations for a period of one year or more prior to development and 422have not been actively marketed for a nonagricultural use within two years prior to 423development; 4242. Property on which a single-family or two-family residential dwelling unit(s) exists. 4252. Existing Single-family and Duplex lots with trees under ten inches at DBH in accordance with 426Texas Local Government Code 212.905. 4273. Any tree determined to be diseased, dying, dead, creating a public nuisance or damaging a 428foundation by a qualified professional. 4294. Any tree determined to be causing a danger or be in hazardous condition as a result of a 430natural event such as tornado, storm, flood or other act of God that endangers the public 431health, welfare or safety and requires immediate removal. 4325. Any tree listed on the Texas Department of Agriculture Noxious and Invasive Plant List 433 4346. Clearing of understory necessary to perform soil borings, boundary surveying of real property 435or to conduct tree surveys or inventories As long as the clearing for surveying shall not exceed 436a width of two (2) feet for general survey (i.e. of easement boundary, etc.) and eight (8) feet 437for survey of property boundary lines and any Protected Tree having a tensix (610) inch dbh 438or greater shall not be removed under this exemption. 4397. Preliminary or Final Plat applications or a Building Permit application deemed complete as of 440the effective date of this Subchapter. 441 442 443 C. TREE REMOVAL PERMIT 4441. New Development/Construction. In the event it becomes necessary to remove a Tree for 445development or construction, a Tree Removal Permit shall be required. No protected tree 446may be removed for development or construction until the final plat has been approved and 447the Building Official or designee has properly issued a Tree Removal Permit for that purpose. 448In instances where a final plat is not required, proposed removal of protected trees shall be 449reviewed with the site plan for a development. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 12 450a. All areas within the public rights-of-way, utility easements or drainage easements, as 451shown on an approved Plat, and areas designated as cut/fill on the related drainage plan 452approved by the City Engineer, shall be subject to the requirements of this Subchapter. 4532. Municipal/Public Property. Property owned by the City of Denton, State of Texas, a political 454subdivision of the State of Texas, or any public school, pubic school district, or nonprofit 455charter school shall be subject to requirements of Section 35.17.3. 4563. Tree Removal Permit Required 457a. No Protected Trees may be removed or transported until authorized by a Tree Removal 458Permit. It shall be an affirmative defense to prosecution that permitting is exempted by 45935.17.3.C.3.b or 35.17.3.C.4. 460b. Exemptions: A tree removal permit is not required for individual single-family and 461duplex uses unless the tree to be removed was previously designated for preservation 462on an approved Tree Preservation Plan or Final Plat, or the tree is greater than 10 inches 463at dbh. 464 4654. Tree Removal Permit Review and Approval Process. 466 467a. Applicant submits a complete application, along with the applicable fees. 468b. If required as stated herein, a Tree Survey and Tree Preservation Plan, must be 469prepared or certified by an ISA Certified Arborist, as a required component of the 470application for either a plat or a site plan. 471c.b. A Tree Survey and Tree Preservation Plan is required for all new development, in 472accordance with subsection 35.17.3.F. For existing development, if ten (10) or more 473Trees are to be removed, a Tree Survey and Tree Preservation Plan of the property 474shall be provided in accordance with 35.17.3.F. 475c. A Tree Removal Permit is valid for one hundred eighty (180) days, or for the duration 476of a Building Permit, Clearing and Grading Permit, or Clearing and Grubbing Permit 477issued in conjunction with the Tree Removal Permit, whichever is longer. 478d. 479e. d. Upon Prior to theissuance of a Tree Removal Permit being issued and as part of a 480Tree Preservation Plan, the applicant must install a Tree Removal Sign and post it in a 481highly visible location along each adjoining right-of-way of the lot or parcel designated 482in the Tree Removal Permit application. The sign shall be in the form approved by the 483director, and as described in the Site Design Criteria Manual. 484i. Each sign shall be three feet by four feet 485ii. Each sign shall be constructed from metal or corrugated plastic material. 486iii. Each sign shall be mounted on stakes or poles. 487iv. Each signs shall be clearly legible from the street. 488v. There shall be one sign for each street frontage. 489vi. The signs shall have a white background, with red letters and borders. The signs shall 490state the following: 491 CITY OF DENTON, TX 492 A TREE REMOVAL PERMIT HAS BEEN APPROVEDREQUEST 493 IS BEING MADE ON FOR THIS PROPERTY 494 FOR INFORMATION CALL 940-349-8541. 495f.d. Protected trees shall not be removed until: approved for removal under a Tree Survey 496and Tree Preservation Plan in accordance with this section shall not be removed until: Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 13 497i. Proper mitigation or replacement requirements have been determined and 498approved for the lot or site on an approved tTree sSurvey and pPreservation 499pPlan; and 500ii. A preconstruction meeting has been held with proper city staff authorizing 501grading and construction activities to begin on the lot or site; and/or 502iii. A tree removal permit has been issued for the lot or site. 503 5045. Standard for Relocating Heritage and Quality Trees. 505All permitted tree relocations shall comply with applicable Texas Association of Nurserymen 506Grades and Standards. 5076. Permits Issued for Public Need, Danger, or Calamity 508a. The Director or designee may issue a permit for the removal of a Protected Tree, provided 509that it: 510i. is determined to be in a hazardous or dangerous condition so as to endanger the 511public health, welfare, or safety; 512ii. hinders or obstructs the construction, maintenance, repair, and/or replacement 513of City streets, water and sewer lines, and drainage and storm sewer; 514iii. is located in any right-of-way required for the Mobility/Thoroughfare plan 515dedicated to and accepted by the City. This does not include trees being removed 516for proposed driveways, right and left turn lanes, and/or median openings 517required or warranted by a development. Trees removed in these instances shall 518be replaced per Section G; 519iv. hinders or obstructs the construction, repair, maintenance, and/or replacement 520of public improvement projects including, but not limited to, major collection 521lines for sanitary sewer, distribution lines for water, collection and management 522 523Improvement Project, Water and Sanitary Distribution Line Maps, and/or 524Mobility/Thoroughfare Plan; 525v. is damaged or killed by a tornado, ice or wind storms, flooding, or other acts of 526nature; or 527vi. is otherwise required by statute. 528 529 D. TREE PROTECTION REQUIREMENTS DURING CONSTRUCTION 530Property owners shall adhere to the following tree protection measures on all construction sites. 531See also Figure 17-1. 5321. Prior to grading, brush removal, or construction, the developer shall clearly tag or mark all 533trees to be preserved. 5342. The developer shall erect an orange plastic mesh fence, or other approved fencing material, a 535minimum of 4 feet in height around each tree or group of trees to prevent the placement of 536debris, equipment, or fill within the dripline or critical root zone. The fence shall be installed 537prior to the release of any permit. If the protection fence is found removed, down, or altered 538at any time during construction prior to final inspection or landscape installation, a stop work 539order may be issued by the Building Official. 5403. During the construction phase of development, the developer shall prohibit cleaning, parking, 541or storage of equipment or materials under the canopy of any tree or group of trees being 542preserved. The developer shall not allow the disposal of any waste material such as, but not 543limited to, paint, oil, solvents, asphalt, concrete, mortar, etc. in the dripline area. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 14 544 5454. No attachments or wires of any 546kind, other than those of a 547protective nature or to identify a 548protected tree, such as a required 549tag, shall be attached to any tree. 5505. No fill or excavation may occur 551within the drip line of a tree to be 552preserved unless there is a specific 553approved plan for use of tree wells 554or retaining walls. Major changes of 555grade (4 inches or greater) will 556require additional measures to 557maintain proper oxygen and water 558exchange with the roots. In addition, the developer should adhere to the following guidelines 559to protect the trees to be preserved: 560a. With grade changes, a reinforced retaining wall or tree well of a design approved by 561the city should be constructed around the tree no closer than half the distance 562between the trunk and the drip line. The retaining wall should be constructed so as to 563maintain the existing grades around a tree or group of trees. 564b. ii. At no time should a wall, pavement, or porous pavement be placed closer than 5 565feet or one foot for every 2 inches in 566caliper, whichever is greater, to the 567trunk of the tree. 568c. iii. Root pruning may be necessary when 569the critical root zone is to be disturbed. 570See Figure 17-2. 571d. iv. If a patio, sidewalk, drive, parking lot, 572or other paved surface must be placed 573within the drip line of an existing tree, 574material such as a porous pavement or 575other approved construction methods 576that will allow the passage of water and 577oxygen may be required. 578 E. ENFORCEMENT. 5791. The Building Official or designee shall have the 580authority to place a Stop Work Order on any 581activity involving the removal of Protected 582Tree(s), Protected Tree Stand, Historic Tree(s) 583Quality Tree(s) or Quality Tree Stand(s) or that 584may otherwise endanger trees contrary to the provisions of this Subsection and applicable 585Criteria Manuals. The Building Official may deny all Permits and Certificates of Occupancy for 586any site which is not in compliance with this Subsection and applicable Criteria Manuals. 5872. A person is criminally responsible for a violation of this subsection if the person removes, assists 588in the removal or causes the removal of a tree without complying with the requirements of this 589subsection or owns part or all of the land where the violation occurs. 5903. Each tree removed in violation of this Subsection shall constitute a distinct and separate 591offense. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 15 5924. Each tree preserved or planted under this Subsection that is removed, destroyed or dies within 593three (3) years of approval shall constitute a distinct and separate offense, unless otherwise 594exempt. 5955. It shall be an affirmative defense that trees are injured or destroyed by natural causes, natural 596disasters, including but not limited to tornadoes, straight-line winds, ice storms, fire, floods, hail, 597or lightning strikes, or through the independent unauthorized actions of third parties. 5986. The enforcement and penalty provisions of Subsection 35.1.10.4 shall apply to this Subsection. 599 600 F. TREE SURVEY AND PRESERVATION PLAN 6011. Tree survey Survey and pPreservation pPlans are is required for the Development Impact Ares 602and must to accompany the initial application for a site plan, preliminary plat, replat, gas well 603site plan, or a clear and grade permit regardless of the number of trees present on a 604property. 6052. A tree Tree survey Survey and pPreservation pPlan may be required to accompany a zoning 606application, Specific Use Permit, or planned development amendment where tree and 607landscaping requirements are relevant to the requested zoning or development amendment, 608as determined by the Director. 6091.3. Each tree survey and preservation Tree Survey and Preservation Plan shall contain, but not be 610limited to, the following required elements: 611a. The locations of all Protected Trees to be preserved and removed trees 612(Protected and Non-Protected) on the subject site. 613b. A table containing the following information for all treeseach tree: 614(1) Tree number; 615(2) Common and scientific name of each tree; 616(3) DBH of each tree; 617(4) General health and condition of each Protected Ttree; 618(5) Average canopy spread; 619 Classification of each tree; and 620(6) Mitigation worksheet as shown in Table I.1, as applicable. 621(7) Whether each identified tree will remain or be removed; and 6222. Each Landmark tree shall be affixed with a permanent tag (steel disc or similar) bearing the 623corresponding number on the tree survey. This tag shall be placed on the trunk of the tree, 624between five and six feet in height on the south face of the tree's trunk. 6253. Trees designated for preservation shall be flagged in a distinguishing manner approved by the 626City for such purposes. In addition, those trees designated for removal shall be flagged in a 627different distinguishing manner as approved by the City. 6284. 4. The Tree Survey and Preservation Plan tree survey and preservation plan shall be prepared by 629or under the supervision of certified by an ISA or ASCA certified arborist, an ASCA registered 630arborist, a SAF certified forester, botanist, professional land surveyor that has documented 631completion of at least 8 hours of training in Texas tree identification, or a registered landscape 632architect. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 16 6334.5. Phased Residential Subdivisions. Residential subdivisions that are to be developed in phases 634must provide a plan that complies with the preservation requirements at full buildout as 635approved on the preliminary plat or general development plan. 6365.6. Any subsequent redevelopment of property must preserve the minimum percentage of square 637footage of the predevelopment tree canopy as indicated by the initial Tree Survey and 638Preservation Plan. 6397. A notation must be placed on the Preliminary Plat, Final Plat, Site Plan, and Building Permit 640identifying the square footage of the predevelopment tree canopy and the dbhsquare footage 641of trees canopy to be preserved and the location of the lots that contain Preserved Trees 642Canopy. The notation shall limit any future unauthorized land disturbing activity or 643construction that would impact and/or damage the tree(s) preserved. 6446.8. A tree survey and preservation plan shall be approved if the minimum preservation and 645replacement requirements in subsections H and I are met. 646 647 G. ALTERNATE TREE PRESERVATION PLAN 6481. The Alternative Tree Preservation Plan provides the option to further the purpose and 649intent of these regulations address the criteria through a flexible discretionary process 650reviewed and approved by the Director Planning and Zoning Commission utilizing the 651Planning and Zoning Commission Procedure process outlined in Subchapter 3. An 652applicant may propose an Alternative Tree Preservation Plan for one of the following 653purposes: 654a. To permit allow trees less than the minimum DBH to be counted for Protected 655Trees when: 656i. The allowance would result in the preservation of a greater number of 657Post Oak or Blackjack Oak trees regardless of DBH; andoror 658ii. The preservation of a Protected Trees would cause a substantial burden 659but smaller DBH non-secondary trees are located in such a way that the 660trees can be incorporated into the site design such as within the parking 661lot, buffer, or front yard landscaping. 662b. To permit allow Secondary Trees to count towards the minimum required 663preservation instead of Quality Trees. 6642. Criteria for Approval. The goals and objectives which must be met, and by which the 665proposal will be judged are: 666a. The proposed Alternative Tree Preservation Plan adequately achieves, or is an 667improvement on, the intent of the requirements of this Subsection; and. 668b. The proposed site design has minimized the loss of Protected Trees to the greatest 669extent possible or has maintained existing tree stands.. 670Assure quality development that fits in with the character of Denton. 671c. 6723. Replacement Trees. Required replacement and mitigation contained in subsections H 673and I shall be required for those alternatives 1.a and 1.b above. Alternative plans 674approved as provided in 1.c above shall be exempt from the requirement contained in 675subsections I and J. 676 677 H. MINIMUM PRESERVATION REQUIREMENTS 6781. Landmark Trees 100% of all Landmark trees must be preserved. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 17 6792. Heritage and , Quality, and Large Secondary Trees - A minimum of 30% of the total dbh must 680be preserved within the Development Impact Area. Removed trees shall be replaced in 681accordance with subsection I and subsection J if applicable. 682a. The 30% minimum preservation requirement may be reduced to 20% if: 683i. , if theThe 20% preserved dbh is in either a dedicated Conservation Easement 684or in a Preserved Habitat. All Protected and Non-Protected trees, unless dead 685 686meeting the 20% requirement. 687ii. All other trees remaining in the Development Impact Area but removed shall 688be replaced in accordance with subsection I and J, if applicable.; or. 689b. Properties without a Preserved Habitat or Conservation Easement, The 30% 690minimum preservation requirement may be reduce the 30% minimum d to 20% 691providedif: 692i. The 10% reducedof trees removed is mitigated at the rates described below: 693 Post Oaks with a dbh of six (6) inches or greater Four (4) inches for 694every inch removed; 6951) Heritage Tree(s) Two and three-quarter (2.75) Three and one- 696half (3.5) inches for every inch removed; and 6972) Quality Tree(s) Two and one-quarter (2.25) inches for every 698inch removed. 699ii. All other trees remaining in the Development Impact Area but removed shall 700be replaced in accordance with subsection I and J, if applicable. 701 Secondary Tree Two (2) inches for every tree removed..; and 702a. Secondary Tree Two (2) inches for every tree removed. 7033. Secondary Trees There is no minimum preservation required. Mitigation shall be four (4) 704inches for every tree removed, or two (2) replacement trees. Secondary trees preserved shall 705be credited in accordance with subsection I. 7063.4. Preservation Relief City Council may approve relief of the Preservation Requirements in 707accordance with Section 35.3.11 Tree Preservation Relief Provisions. 708 709 I. TREE REPLACEMENT 7101. 1. In the event that it is necessary to remove a Protected Tree(s) as allowed in this chapter, 711the applicant shall be required to replace the Ttree(s) being removed with healthy Ttrees or 712pay a mitigation fee as explained hereafter. 713a. If it is determined that tree replacement is required, a tree replacement plan must be 714approved prior approval of a final plat or replat and a note shall be placed on that plat 715referencing the approved tree replacement plan. 716b. If platting is not required, the tree replacement plan shall be included as part of a site 717plan approval or tree removal permit. 7182. In accordance with Texas Local Government Code, Section 212.905, as amended, replacement 719trees must be: 720a. planted on property in which they were removed; or 721b. at a location mutually agreed upon by the city and the property owner; and 722c. Any replacement Tree shall be be a minimum of two inches in diameter, four and 723one-half feet above ground when planted. 724 Every one-half in diameter above the minimum shall count as one inch towards 725meeting the mitigation requirements. For example, a three inch Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 18 726shall 727five inch (caliper in accordance with Texas Local Government Code Section 212.905, as 728amended. 729 In the event a Protected Tree requires mitigation, the total mitigation shall be calculated from 730the DBH of the Protected Tree. 7311.3. In order to ensure biodiversity and protect against tree disease, if ten twenty (120) or more 732trees are planted no one genus species of tree may exceed twenty thirty percent (230%) of 733the total new trees on the site. 7342.4. To determine the Replacement Inches required by this section, the applicant shall inventory 735and combine the total inches of DBH of all protected trees that are to be removed and that 736are located within the Development Impact Area. 7373.5. This inventory shall be separated into inches of DBH removed per protected tree classification 738as calculated using the following replacement rates or the rates in Section H.2.a.ii or H.3.a, if 739applicable: 740a. Post Oaks & Blackjack Oaks with a dbh of four six (46 inches or greater Three (3) 741inches for every inch removed; 742b.a. Heritage Tree Three (3) inches for every inch removed; 743c. Large Secondary Two (2) inches for every inch removed; 744d.b. Quality Tree Two (2) One and one-half (1.5) inches for every inch removed; and 745e.c. Secondary Tree Two Four (24) inches for every tree removed. 7464.6. The total of the required inventories represents the Replacement Inches that shall be 747replaced through new tree plantings or preservation of existing trees. 748a. New Trees required to satisfy the landscaping provisions of this chapter shall be 749counted towards satisfying this requirement. 7505.7. Once each Tree on the site is inventoried, tree mitigation shall be calculated as follows and as 751shown in Table I.1: 752a. The Calculated DBH of each Tree shall be the DBH of the Tree multiplied by the 753appropriate classification ratio as described section I.4 above. The Total Calculated 754 DBH shall be the sum of all these Trees. 7556.8. In accordance with Texas Local Government Code Section 212.905, as amended Aa credit of 756fifty percent (50%) shall automatically be given to the Total Calculated DBH for all 757 residential development and forty percent (40%) for non-residential development. The 758 Preliminary Mitigation DBH is 50% of the Total Calculated DBH for all residential or 40% 759 for nonresidential. Mixed Use developments shall be credited the residential rate of 50%. 7607.9. Tree Preservation Credit. Additional Credit shall be given for all protected trees that are 761preserved. 762 Preserved Credits shall be the sum of: 763a. A four (4) inch credit against mitigation for each one inch of Preliminary 764 Mitigation DBH shall be authorized forauthorized for the preservation of any 765Landmark Tree or any trees preserved within a Conservation Easement or 766Preserved Habitat; 767b. A three (3) inch credit against mitigation for each one inch of Preliminary 768 Mitigation DBH shall be authorized for the preservation of any tree Post Oak or 769Blackjack Oak Tree with a dbh of 6 inches or greater; and Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 19 770c.b. A two three (23) inch credit against mitigation for each one inch of Preliminary 771 Mitigation DBH shall be authorized for the preservation of any other Heritage 772Tree. 773c. A one-halftwo (.52) inch credit against mitigation for each one inchone-inch 774 Preliminary Mitigation DBH shall be authorized for the preservation of any other 775Quality Tree. 776d. 777 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 20 778 Table I.1. Sample Tree Mitigation Worksheet DBH Total 127 Total DBH 105 86 Protected Required 32 26 Preservation (30%) Dead Tree DBH 0 Non-Protected 12 DBH Protected Trees Removed Type DBH Replacement Calculated DBH Removed Ratio Heritage 4622 3 2.5:1 115 66 Post 24 3:1 72 Oak/Blackjack Oak Quality 0 0 1.5 2:1 0 Large 19 38 Secondary Subtotal 26 115 Trees Replacement Calculated DBH Removed Ratio Secondary 34 42 68 16 Total 131182146 Preliminary Mitigation DBH 40% 79 9173 Reduction Trees Preserved Type DBH Preserved Credit Preserved Post Oak 0 3:1 0 Heritage 260 2 3:1 78 40 Quality 20 0.5 2:1 10 Large 010 0.5:1 05 Secondary Total 40 30 78 50 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 21 Mitigation DBH 1 4123 779 780 7818. If any Preserved and/or Replacement Tree(s) dies within threewo (23) years of initial 782planting or issuance of a Certificate of Occupancy and is brought to the attention of the 783City, the current property owner shall be subject to the same replacement per these 784requirements. 78510. After calculating the Preliminary Mitigation DBH and subtracting the Preserved Credits, 786any remaining DBH is defined as the Mitigation DBH. The Mitigation DBH is required to 787be satisfied either by the planting of new trees on site with an equivalent total DBH or by 788using one of the alternative methods described in subsection I. 78911. If any Preserved and/or Replacement Tree(s) dies within three (3) years of initial planting or 790issuance of a Certificate of Occupancy and is brought to the attention of the City, the 791current property owner shall be subject to the same replacement per these requirements 792unless otherwise exempt or deemed a non-protected tree. 7939. 794 795 J. ALTERNATIVES TO TREE REPLACEMENT REQUIREMENTS 796In order to satisfy the Mitigation DBH, the property owner may utilize any combination of alternative 797methods of compliance listed below. These alternative methods may also be used in combination 798with or in lieu of tree replacement, so long as the total replacement DBH is satisfied by one or all 799methods. 8001. Preserved Credit for Secondary Trees. An additional Preserved Credit may be credited against 801Preliminary Mitigation DBH for preserved Secondary Trees, provided: 802a. The minimum preservation of 30% is achieved for Heritage and Quality Trees; and 803b. The DBH of the Secondary Trees preserved shall not be greater than 50% of the preserved 804Quality Tree DBH. A one-half (.5) inch credit may be granted for each Secondary Tree 805DBH preserved. 8062. Replacement Trees. In accordance with Texas Local Government Code, Section 212.905, as 807amended, replacement trees must be: 808a. planted on property in which they were removed; or 809b. at a location mutually agreed upon by the city and the property owner; and 810c. be a minimum of two inches in diameter, four and one-half feet above ground when 811planted. 8121.3. Payment in Lieu of Replacement 813a. For protected trees payment in lieu will be made in the amount prescribed separately and 814periodically by ordinance, and such payment deposited into the Tree Fund. This amount is 815calculated by the actual cost incurred by the City for the purchase, planting, and irrigation 816of a two inch tree for two one years. 817b. The applicant must pay the fees contributed to the Tree Fund prior to the issuance of a Gas 818 819required, payment shall be prior to issuance of a Tree Removal Permit. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 22 820c. Notwithstanding any other provision in this subsection 35.17.3.I.4, no tree mitigation fee may 1 821be collected or enforced in contravention of State law. 8224. 823Department for planting within the City, with the approval of the Parks Director. 8245. Conservation Easement. The property owner may request to grant a conservation easement 825by plat to the City that includes Protected Trees and non-protected trees beyond the 826minimum preservation amount and with a combined diameter equal to or exceeding the 827diameter for which mitigation is being requested. 828a. In addition to the tree survey and preservation plan, a detailed baseline document 829describing the properties physical and biological condition, the general age of any Tree 830stands, locations of easements and construction, and the conservation values protected by 831the easement shall be required. 832b. The City may decline the request for a conservation easement for any reason; however a 833request so declined does not satisfy the mitigation requirement, and mitigation must be 834achieved in a different manner as described above 835 836 837 K. TREE FUND 838 1. The City shall administer and use the Tree Fund to: 839a. . Funds shall be used to purchase, plant, and maintain trees; to 840b. Conduct Mmaintenance of on conservation easements dedicated in accordance with 841this subsectionJ.4 or ; 842c. preserve wooded property remaining in a naturalistic state in perpetuity; to 843d. perform and maintain a City-wide tree inventory; and to 844e. educate citizens and property owners on the preservation, care, maintenance, benefits 845and value of trees within the City of Denton; and. The Tree Fund may also be used to 846 1.f. support programs for the public purpose of increasing the tree canopy within the City 847of Denton as approved by City Council. 848 2. Proceeds from the Tree Fund shall not be used to meet any requirements for preservation, 849mitigation, landscaping, buffering, streetscaping, or similar requirements in the Denton 850Development Code and the Denton Code of Ordinances. 851 3. Voluntary contributions for tree planting shall be placed in the Tree Fund. 852 853 854 1 STATE LAW REFERENCE of a municipality to charge a tree mitigation fee under certain specified circumstances. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 23 855 35.17.4 - Landscape and Tree Canopy Requirements 856A. Purpose. The City recognizes landscaping, tree preservation, buffering, and screening as 857important elements to: 8581. Blend the built and natural environment and preserve the natural landscape; 8592. Mitigate or minimize potential nuisances such as noise, light, glare, dirt, litter, signs, 860parking, or storage areas and to provide a transition between uses; 8613. Conserve water resources by using sustainable design and maintenance techniques and 862low-water plant species; 8634. Promote environmental benefits such as improved stormwater retention, water quality, 864air quality, retaining soil moisture, recharging groundwater, and preventing erosion; 8655. Improve the appearance of development and establish an attractive streetscape; and 8666. Increase the urban tree canopy. 867B. Intent. The intent of these regulations is to achieve and maintain an average minimum of 868thirty percent (30%) tree canopy coverage citywide from preserved trees and newly planted 869trees and to promote a multi-aged urban forest. Specifically, 870city-wide average tree canopy cover of at least thirty percent (30%), the following goals are 871established for specific areas of the City based upon the unique ecoregions present in 872different areas of the City: 8731. For areas east of the Interstate 35 / Interstate 35-W corridor where the Cross Timbers 874ecoregion is more prevalent, the minimum canopy goal shall be 40% coverage. 8752. For areas west of the Interstate 35 / Interstate 35-W corridor where the Grand Prairie 876ecoregion is more prevalent, the minimum canopy goal shall be 20% coverage. 877These regulations are intended to promote the functional distribution of that canopy 878throughout various land uses as development occurs through a combination of planting and 879retention goals and requirements for tree canopy cover. 880 881 C. Applicability. 8821. Single-family, and duplex and townhome. 883a. Existing single family, and duplex, and townhome lots that are currently developed 884are exempt from the minimum requirements contained in subsection D. 885b. New detached single-family and duplex subdivisions are required to provide Yard 886Trees as specified in Section 35.17.4.D.3. 8872. Multi-family and non-residential developments are required to comply with all landscape 888and tree canopy requirements in this Section. 889 890 D. Minimum Requirements. 8911. Minimum Landscape Area and Tree Canopy. 892a. Landscape area is the portion of a Development Impact Area which is not defined as 893"lot coverage". The percentage of Landscape Area required shall be based on the 894esignation as indicated in the table below. 895b. Tree canopy is measured by computing the area that the mature canopy will 896encompass, based on the Tree List contained in the Site Design Criteria Manual. The 897mature canopies may be estimated for existing trees on site. Any tree not on the 898Tree List may be estimated by use of standard landscaping references. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 24 899c. The required percentage of Tree Canopy required shall be based on the zoning of the 900property as described in Table 17.4.A below. The required tree canopy area shall 901apply to either: 902i. The entire Development Impact Area, or 903ii. The entire lot being developed, minus the footprint area of any 904proposed buildings. 905The selected method for calculating the required tree canopy must be explicitly 906stated on the Landscape Plan. 907d. The following may count towards meeting the landscape and tree canopy 908requirements: 909i. All landscaped areas planted and maintained within the Development 910Impact Area; 911ii. Tree canopy in the adjacent public right-of-way; and 912iii. All required mitigation trees may count towards landscaping (including 913street trees and yard trees) if planted trees are a minimum of 2 inch 914DBH; and 915iv. Plazas and pedestrian circulation areas if constructed with pervious 916material and not located within the public right-of-way. 917v. Low Impact Design (LID) options if installed and maintained pursuant to 918the North Central Texas Council of Governments Integrated Storm 919Water Management (iSWM) strategies, including: 920(a) Bioswales: Bioswales are vegetated swales planted with wet 921tolerant species of plants or ornamental grasses. They 922transport, store, and allow infiltration of water, and can be 923designed as a landscape feature. Bioswales are not grassed, but 924are planted with a variety of plant species that can withstand 925occasional water inundation for short periods of time. 926(b) Grassed Swales: Grassed swales are designed conveyance 927devices used to transport water over the surface of the ground 928to a point of disposal that may be a catch basin, ditch, or water 929body that will filter, infiltrate, evaporate, and clean the water of 930total suspended solids and other pollutants. Swales are often 931appropriate along property lines, public streets, and around 932buildings. 933(c) Bioretention Facilities (a.k.a. Rain Gardens): Bioretention 934facilities are small shallow depressions planted with a variety of 935native or ornamental plants that can treat small amounts of 936runoff to improve water quality. Bioretention facilities are 937generally small collections of flood-tolerant plants planted on a 938low site area that naturally collects rainfall. 939(d) Sand Filters: Sand filters are depressions, trenches, barriers, or 940sand lens, constructed of porous mineral matter that improve 941ground water recharge, to filter, clean and trap waterborne 942pollutants. 943(i) 944 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 25 Table 17.4.A Minimum Landscape Area and Tree Canopy Percent Landscape Percent Tree Canopy Districts area Cover Rural RD-5 Rural Residential 75% 25% RC Rural Commercial 65% Neighborhood Residential NR-1 Neighborhood Residential 1 70% NR-2 Neighborhood Residential 2 50% 50% NR-3 Neighborhood Residential 3 50% NR-4 Neighborhood Residential 4 40% NR-6 Neighborhood Residential 6 25% 40% NRMU-Neighborhood Residential Mixed Use 12 12 20% 40% NRMU Neighborhood Residential Mixed Use Downtown University Core DR-1 Downtown Residential 20% 40% DR-2 Downtown Residential Downtown Commercial DC-N Neighborhood 15% 20% DC-G Downtown Commercial General Community Mixed Use Centers CM-G Community Mixed Use General 20% 30% CM-E Community Mixed Use employment Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 26 Table 17.4.A Minimum Landscape Area and Tree Canopy Percent Landscape Percent Tree Canopy Districts area Cover Regional Mixed Use Centers RCR-1 Regional Center Residential 1 RCR-2 Regional Center Residential 2 25% 30% Regional Center Commercial RCC-N Neighborhood Regional Center Commercial RCC-D Downtown Employment Centers EC-C Employment Centers Commercial 20% 30% EC-I Employment Centers Industrial 15% 20% Industrial Centers IC-E Industrial Centers Employment 15% 20% IC-G Industrial Centers General 15% 15% 945 946e. 90% of all plantings shall be from the approved Landscape Plant List in the Site 947Design Criteria Manual. 948f. In order to ensure biodiversity and protect against tree disease, if tentwenty (120) or 949more trees are planted, no one genus species of tree may exceed twenty percent 950(20%) of the total new trees on the site. 951g. At least 50% of the trees planted must be native, indigenous, or adapted, as 952indicated on the approved Landscape Plant List. 9532. Landscape Installation and Maintenance. 954a. Landscaping installed as part of the requirements of the landscape standards must be 955free from diseases and insects, and maintained in a healthy, growing condition at all 956times. 957b. The property owner is responsible for regular weeding, mowing of grass, irrigating, 958fertilizing, pruning, litter removal, and other maintenance as needed for all plantings. 959c. The property owner shall remove and replace any required landscaping as part of an 960approved landscape plan that dies with other approved living plants from the 961approved plant from the list contained in the Site Design Criteria Manual, no later Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 27 962than thirty (30) days after actual knowledge that the landscaping has died, or the 963postmarked date of written notification from the City, whichever is sooner. The 964Director or designee may, in his sole discretion, extend this time period due to 965weather, appropriate planting season, or other events outside of the reasonable 966control of the property owner. The property owner shall immediately remove and 967replace any planted or preserved tree that dies with an approved tree in the 968appropriate planting season. 969d. Irrigation. To ensure viability, landscape areas shall be irrigated by one or a 970combination of the following methods: 971i. An automated underground system. 972ii. A drip irrigation system. 973iii. The Director or designee may waive the irrigation system requirement if 974the approved landscape plan includes drought tolerant plants, a 975xeriscape system, or other approved materials. In such cases, a 976temporary irrigation system shall be installed and maintained until the 977plants are established. 978 9793. Yard Trees. All single-family and duplex lots shall contain a minimum of 1 large shade 980tree per dwelling. 981 9824. Landscape Plan and Point System. In addition to the above standards, the following 983requirements shall apply to all developments, except single- and two-family lots within 984residential developments: 985a. A Landscape Plan is required for all developments that demonstrates compliance 986with the required minimum Landscape Area requirements, at the time of application 987for: a specific use permit, an alternative development plan, a site plan, or a building 988permit, whichever comes first, 989b. All Landscape Plans shall be drawn and sealed by a registered landscape architect. 990c. All landscape plans shall contain, at a minimum, the following elements: 991i. A delineation of the property boundary, the Development Impact Area, 992ESAs, Preserved Habitat areas, and any easements; 993ii. Dimensioned buffer areas, right-of-way screening areas, and parking lot 994landscaping areas; 995iii. Location and tabulation of all proposed plantings, including size at the 996time of planting and expected canopy area of all trees at maturity, as 997provided for in the Site Design Criteria Manual; 998iv. Tabulation of how the required landscape and buffer points, as 999described in the sections below, are provided; 1000v. Tabulation of the required and provided number of street trees, unless 1001provided on a separate Street Tree Plan at the time of platting; and 1002vi. Any additional information required to demonstrate compliance with 1003the requirements of this section. 1004d. Landscape Area and Tree Canopy shall be designed using a combination of elements 1005from the point system described below. 1006i. All developments are required to provide a combination of landscaping 1007elements from Table 17.3.B, totaling at least 30 points and meeting the 1008minimum required percentage of Landscaping Area and Tree Canopy. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 28 1009ii. At least two elements must be selected from both Sections A and B in 1010the table, except as noted below. The remaining points may be selected 1011from Sections A, B, or C. 1012(a) Right-of-Way Screening shall be provided between the front- 1013most row of parking and the street. Screening area shall begin 1014at the back edge of either the right-of-way or public utility 1015easement. The area dedicated to parking lot screening must 1016contain sufficient area to plant the proposed screening 1017elements in accordance with industry standards. For 1018developments where parking is not located between the 1019building and the street, any drive aisles located in front of the 1020building shall be screened by at least one of the elements in 1021Section A. 1022(b) Parking Lot landscaping shall be provided internal to the parking 1023lot. Turf grass does not satisfy requirements for planting 1024materials in parking lot landscaping elements. Planting materials 1025permitted include drought-tolerant plants, ornamental or native 1026grasses, and pervious non-living ground cover installed with a 1027permeable weed-barrier. 1028(c) If proposed, living walls and green roofs must be engineered in 1029accordance with building industry standards to ensure building 1030safety and longevity of the plant material. Green roofs must be 1031installed in a manner allowing for inspection consistent with 1032applicable OSHA standards, along with all other site 1033landscaping. 1034 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 29 Table 17.3.B Landscaping Element Points Section A. Right-of-Way Screening Elements (Minimum 2 unless no front parking, then 1) A landscaped berm with a maximum 3:1 side slope on both sides 5 One (1) large canopy tree planted every 40 linear feet 5 Three (3) small accent trees clustered every thirty (30) linear feet when 5 space does not permit large canopy trees A minimum three (3)-foot high continuous hedge of evergreen shrubs 5 A minimum three (3)-foot high continuous wall made of any combination 5 of wrought iron, masonry, or stone. If wrought iron is used, vines shall be planted every 10 feet on center on the wrought iron to create a more opaque wall. Section B. Parking Lot Landscaping Elements (Minimum 2) Internal landscape islands with an area of at least 9-feet by 18-feet 5 containing at least one large canopy tree placed evenly at an average of one (1) for every ten (10) spaces (or portion thereof). For lots of ten (10) spaces or less, at least one internal landscape island is required but does not have to be centrally located within a row of parking spaces End caps with an area of at least 9-feet by 18-feet containing at least one 5 large canopy tree. A landscape median of at least 8-feet wide running the length of a parking 5 row and containing at least one (1) large tree per 30 linear feet. Section C. Other Site Landscaping Elements A minimum 10 foot wide area provided for the length of the building 3 frontage between the front of the building and the parking lot and containing a 5 foot wide landscape area abutting the building wall. This area may be paved as a walkway if pots or planters are provided along at least 75% of the building frontage. Each planted tree meets or exceeds four (4) caliper inches at the time of 25 planting At least 75% of plants proposed are drought-tolerant as indicated in the 5 approved landscape plant list or adaptive hardiness zone as determined by the US Department of Agriculture. Landscape area provided exceeds required minimum by an additional 10% 3 or more No more than 30% of landscaped areas is covered in turf grass. 3 Tree Canopy exceeding minimum requirement by an additional 25% or 3 more A mixture of Bioswales, Gassed Swales, Bioretention facilities, and Sand 7 Filter Low Impact Design techniques as described in Section 35.17.4.C. If designed as part of a parking lot island or median, points may be counted for both elements. Living walls/vertical gardens provided in a designated pedestrian area or as 5 an architectural feature of a primary external building wall. Living walls must account for at least 25% of the wall face. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 30 1035 Rooftop vegetation provided as part of an engineered green roof 5 accounting for at least 25% of the roof area. 1036 Butterfly or pollinator gardens that include native milkweed and nectar 5 1037 plants that are provided as part of a designated pedestrian amenity or 1038 plaza area and that comprise at least 5% of the required overall landscape 1039 1040 designation as a Monarch City. 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 10725. Permits, Enforcement, and Drought 1073e.a. No permits will be issued for any non-residential or multi-family development until a detailed 1074landscape plan is submitted as part of the Site Plan, Specific Use Permit, Alternative 1075Development Plan, or building permit review process. 1076f.b. Prior to the issuance of a Certificate of Occupancy for any building or structure, all screening and 1077landscaping shall be in place, in accordance with the approved landscape plan and applicant 1078shall call to arrange inspection of all landscape installations. 1079g.c. An as-built landscape plan shall be provided to the City upon final inspection. 1080h.d. Landscaping which dies shall be replaced by the owner with plants of similar variety and size, no 1081later than thirty (30) days after: actual knowledge of the death; or the postmark of written Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 31 1082notice from the City, whichever is earlier. The Director or designee may, in his sole discretion, 1083extend this time period due to weather or other events outside of the reasonable control of the 1084property owner. Replacement trees of similar mature canopy may be replanted with 1085confirmation and approval from the Director or designee. Replacement trees must be a 1086minimum of 3- inch caliper, measured six inches above the ground. 1087i.e. A planting extension may be granted in the sole discretion of the Director or designee if 1088substantial evidence is presented to indicate abnormal circumstances beyond the control of the 1089owner or his agent. Seasons of drought, extreme heat, or heavy rainfall causing construction 1090delays are examples of abnormal circumstances. 1091 1092 1093 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 32 1094 35.17.5 - Street Tree Requirements 1095As specified below, applications for development shall propose and be required to plant street trees in 1096accordance with the following standards, and in accordance with the spacing requirements identified in 1097the Site Design Criteria Manual. The Director may approve alternative plans due to special site 1098conditions, which may, for reasons such as safety or existing trees on the lot, affect the ability to meet 1099these regulations. 1100A. Street Tree Plan. A street tree plan shall be submitted with a Site Plan for multi- 1101family or non-residential developments, and with a Final Plat for new residential 1102subdivisions. Additionally, street trees should be specifically called out on building 1103permits and landscape plans. 1104B. Street Tree Location. Street trees shall be located within the street right-of-way or 1105within 10 feet of the street right-of-way. 1106C. Street Tree Number and Spacing. At least one street tree is required for every 30 1107feet of street frontage. 1108 1. Street trees need not be regularly spaced at 30-foot intervals; however, 1109street trees shall not be planted further apart than 50-foot intervals, and 1110not closer than 25 feet apart. 1111 2. Street trees shall be planted in accordance with the spacing requirements 1112from utilities, intersections, and driveways described in the Site Design 1113Criteria Manual. 1114 3. In order to ensure biodiversity and protect against tree disease, if ten 1115twenty (120) or more street trees are planted along a residential street, no 1116one genus species of tree may exceed twenty percent (20%) of the total 1117new street trees. 1118D. Tree Planting. 1119 1. Tree planting standards shall be in accordance with the Site Design Criteria 1120Manual. 1121 2. Each tree planted shall meet the most current version of American 1122Standards for Nursery Stock ANSI Z60.1 and shall be a minimum of 3" caliper 1123measured 6" above grade. Any tree that does not meet ANSI Z60.1 may be 1124rejected by the Director. 1125E. Maintenance. 1126 1. Street trees shall be maintained by the adjoining property owner. 1127 2. It is the adjoining property owner's responsibility to water, prune, fertilize, 1128and treat for insect and disease, as may be deemed necessary. All incurred 1129costs are to be borne by the property owner. 1130 3. It is the adjoining property owner's responsibility to remove any hazardous 1131or dead tree, as may be deemed necessary. All incurred costs are to be 1132borne by the property owner. 1133 4. Tree Canopy Clearance Height: All trees shall be maintained by pruning and 1134other necessary care by the adjacent property owner to ensure a minimum 1135clearance of 15 vertical feet from the curb line, 15 vertical feet from an 1136alley, and 8 vertical feet from the sidewalk. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 33 1137 5. The City may prune or remove any tree or planting located in Public Right- 1138of-Way or in a landscape maintenance easement that constitutes a hazard 1139to person or property, or for any other reason. 1140 6. All pruning shall be in accordance with the most current version of American 1141National Standards for Tree Care Operations ANSI A300. 1142 7. Tree Replacement: The City may replace an approved street tree or other 1143planting that has died or may have been removed for any reason, or plant 1144additional street trees deemed appropriate and consistent with available 1145resources. 1146 8. Abuse or Mutilation: It shall be unlawful for any person to damage any 1147street tree, or to attach or place any rope or wire, sign, poster or other 1148device on any street tree. Each occurrence shall constitute a distinct and 1149separate offense. 1150 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 34 1151 35.17.6 - Compatibility Buffer Requirements 1152Compatibility buffers are required to mitigate or minimize potential nuisances such as noise, light, glare, 1153dirt, litter, signs, parking, or storage areas and to provide a transition between incompatible uses. 1154 A. Minimum Buffer Required 1155Unless exempted elsewhere in this Code, buffers shall be required according to the developing 1156and adjacent uses specified Table 17.6.A below. 1157 Table 17.6.A: Buffer Points and Minimum Width Requirements Developing Use Adjacent Use Agricultural Single-family Multifamily Commercial Industrial detached or and and duplex townhome institutional Agricultural None None None None None Single-family Minimum 10 None Minimum 10 Minimum 10 Minimum 10 detached and points; no points; no points; no points; no duplex minimum minimum minimum minimum width width width width Multifamily Minimum 10 Minimum 20 None Minimum 20 Minimum 20 and townhome points; no points; points; points; minimum Minimum Minimum Minimum width width 10 feet width 10 feet width 10 feet Commercial or None Minimum 30 Minimum 30 None Minimum 20 institutional points; points; points; Minimum Minimum Minimum width 15 feet width 15 feet width 10 feet Industrial None Minimum 50 Minimum 50 Minimum 30 None points; points; points; Minimum Minimum Minimum width 30 feet width 30 feet width 30 feet for institutional and 10 feet for commercial 1158 1159 B. Buffer Point System 1160Buffers shall accumulate the designated point total through a combination of elements, as 1161indicated in Table 17.6.B below. For buffers including more than two listed elements, vegetation 1162may also include a combination of shrubs and trees. No more than one fence or wall type may 1163be used to meet the buffer point requirements. 1164 Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 35 Table 17.6.B: Buffer Points Buffer Element Points Solid wood screening fence, minimum 6 feet in 5 height, single-faced Vinyl, Composite, double-faced solid wood, or similar non-masonry screening fence, minimum 10 6 feet in height Solid masonry wall, minimum 6 feet in height 20 Each additional 5 feet in landscaped buffer 5 width beyond required minimum 3 ornamental trees for every 50 linear feet of 5 buffer (minimum 3-inch caliper) 3 ornamental trees for every 25 linear feet of 10 buffer (minimum 3-inch caliper) 5 shrubs for every 20 linear feet of buffer (5- 5 gallon size) 5 shrubs for every 20 linear feet of buffer (10- 10 gallon size) 1 large tree for every 30 linear feet of buffer 10 (minimum 3-inch caliper) Preservation of existing Landmark, Heritage, Quality, or Large Secondary trees within at least 5 50% of the buffer area. 1165 C. Buffer Standards 11661. Buffers shall be located on the outer perimeters of lots or parcels, and shall extend to the 1167limits of the developed area of the site. Buffers may not occupy any portion of an existing, 1168dedicated, or reserved right-of-way, or be located on public property. 1169a. In instances where a required drainage or public utility easement is located within a 1170buffer area, the easement area will count toward the buffer area requirement. No 1171trees or shrubs are allowed within the easement. However, if the remaining buffer 1172area outside the easement is 10 feet or greater, buffer elements are required. 1173b. In those instances where a perimeter fence or wall is used in conjunction with a 1174buffer, the perimeter fence or wall shall have a minimum height of six feet, shall be 1175constructed of material permitted by Table 17.6.B, and shall be located on the 1176boundary of the required buffer. 11772. Buffers shall be designed based on the following standards. 1178a. The entire buffer area must be landscaped with ground cover other than turf grass. 1179b. Vegetation included in the buffer shall meet the following requirements: 1180i. Plant species shall be selected from the approved Tree List and Native Plants 1181List. 1182ii. At least 50 percent of the plants shall be evergreen. 1183iii. No more than 50 percent of the plants shall be from the same genus. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 36 1184c. The buffer may contain pedestrian or bike trails to promote connectivity to adjoining 1185properties, as long as no required plant material is omitted from the design, and the 1186required buffer width is maintained. 11873. Designated tree preservation areas occupying a portion of a required buffer satisfy the 1188planting requirement for the portions they occupy. 11894. When healthy, Protected Trees are located within the required buffer, the Protected 1190Trees should be preserved to the greatest extent possible. The Director may determine if 1191additional buffer elements are required to mitigate or minimize potential nuisances. 1192 D. Exceptions to Buffer Requirements 11931. Buffer requirements may be waived by the Director when the property is an internal site 1194within a master planned development or within a mixed-use development. Buffers shall 1195still be required around the perimeter of the development based on the requirements in 1196this subsection. 1197 2. Buffer requirements shall not apply to the Downtown Residential and Downtown 1198Commercial districts, except for multi-family or non-residential properties adjoining 1199single-family detached, duplex, or townhome uses. 1200 1201 35.17.7. Relief for Landscape, Tree Canopy, and Buffer Requirements. 1202A. Alternative Development Plan. The Alternative Development Plan provides the option to 1203modify the requirements in Sections 35.17.4, 34.17.5, and 35.17.6 utilizing the Planning 1204and Zoning Commission Procedure outlined in Subchapter 3 and the criteria for approval 1205in Section 35.13.5. 1206B. Payment in Lieu of Planting. In instances where easements, encumbrances, physical 1207constraints, or life safety requirements limit the ability to plant the required trees 1208needed to meet the minimum tree canopy coverage, an applicant may pay into the Tree 1209Fund as an alternative. The Director may approve a reduction in minimum tree canopy 1210area of up to 10% of the required amount. Any reduction in tree canopy area shall be 1211 1212a large canopy tree as specified in the Site Design Criteria manual, assuming each 1213required tree measures 2 caliper inches. The payment per inch shall be calculated as 1214provided in Section 35.17.3.J. Conservation & Landscape3/1/2019 3:05 PM2/28/2019 5:13 PM2/28/2019 12:06 AM 37 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-471,Version:1 AGENDA CAPTION Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, compensation, benefits and contracts of the Municipal Judge. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-472,Version:1 AGENDA CAPTION Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. Deliberate and discuss the evaluation, duties, discipline, procedures, compensation and contracts of the City Auditor. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-385,Version:1 AGENDA CAPTION International Women’s Day City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-490,Version:1 AGENDA CAPTION Dr. Bettye Myers Day of Service City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-512,Version:1 AGENDA CAPTION Denton County Master Gardener Association 30th Anniversary City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-501,Version:1 AGENDA CAPTION Rhea Pookulangara regarding the Denton Teen Council. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-507,Version:1 AGENDA CAPTION Greg Ward regarding lack of progress on Teasley Lane in front of Guyer High School. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-387,Version:1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017-2018 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date (Downtown TIF Board recommends approval 5-1). City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET CITY COUNCIL DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas, approving the 2017-2018 Tax Increment Financing Reinvestment Zone Number One (Downtown TIF) Annual Report; and declaring an effective date (Downtown TIF Board recommends approval 5-1). BACKGROUND The State Comptroller of Public Accounts requires that all tax increment finance reinvestment zones submit a report detailing prior year activities and Form 50-806 on an annual basis. On December 7, 2010, the City Council adopted an Ordinance No. 2010-316 designating and describing the boundaries of Tax Increment Reinvestment Zone Number One (Downtown TIF) to provide the public infrastructure necessary to encourage development in downtown. The Downtown TIF took effect on January 1, 2011, and will terminate on December 31, 2041, or when the budget of $24.8 million has been collected. The City of Denton is the sole participating jurisdiction. hanged the reporting period for the TIRZ annual reports from calendar year to fiscal year. This report represents the first year with the new method, which includes October 1, 2017 through September 30, 2018, which was previously reported in the 2017 Annual Report (interest for that period was $3,673.36). According to Denton Central Appraisal District (DCAD) supplemental figures, the 2017-2018 total appraised valuation of taxable real property in TIRZ Number One was $161.4 million. This represents an $11.3 million increase from the previous supplemental value of $150 million. The annual TIRZ fund contribution of property taxes and interest income for 2017-2018 is $503,568. Since its inception, the final value with supplements of the TIRZ has increased an estimated $82 million, which represents a 103% increase in valuation. EXHIBIT Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and 2017-18 Downtown TIF Number One Annual Report Exhibit 3 Form 50-806 Respectfully submitted: Caroline Booth Director of Economic Development Prepared by: Julie Glover Economic Development Program Administrator Data Analysis and Transparency Texas Comptroller of Public Accounts Form 50-806 Tax Increment Finance (TIF) Registry FOR COMPTROLLER USE ONLY Annual Report by Municipality or County Log year TIF ID# Date recd PLEASE PRINT OR TYPE, DO NOT WRITE IN SHADED AREAS. Complete Back-up Incomplete (See Instructions on page 2.)No Form Submitted No Back-up STEP 1: Contact Information Denton ___________________________________________________________________________________________________ Designating City or County JulieGlover EconomicDevelopmentProgramAdministrator __________________________________________________ _______________________________________________ Contact Person Title 215E.McKinneyStreet ___________________________________________________________________________________________________ Current Mailing Address (number and street) Denton Denton 76201 _____________________________________ _____________________________________ _____________________ City County ZIP Code 940-349-7732940-349-8596julie.glover@cityofdenton.com ________________________________ ________________________________ _______________________________ Phone (area code and number) Fax Number Email Address STEP 2: Tax Increment Reinvestment Zone Information TaxIncrementReinvestmentZoneNumberOne(DowntownTIF) 1. TIF Reinvestment zone name: _____________________________________________________________________________ 1-201712-2017 2. _______________ and ending _______________ . 225.73 3. Size of the reinvestment zone in acres: ......................................................... ________________________ 4. Has the size of the zone increased or decreased since creation?: Yes No 4 5. Property types: Residential Commercial/Industrial 4 6. Types of improvement projects (check all that are in progress or have been completed): Public Projects Public Buildings and Facilities Roadwork Water/Sewer and Drainage Parks Other Infrastructure: _____________________________________ Other Projects Facade Renovation Parking Historical Preservation Transit Affordable Housing Economic Development Other: _______________________ 4 1,663,471.51 7. TIF fund balance: .......................................................................... $ _______________________ 8. List of fund revenues: 496,855.65 Total tax increments received ............................................................... $ _______________________ 0.00 Sales tax increments ...................................................................... $ _______________________ 0.00 Loans .................................................................................. $ _______________________ 0.00 Sale of bonds ........................................................................... $ _______________________ 0.00 Sale of property .......................................................................... $ _______________________ 0.00 Other .................................................................................. $ _______________________ 496,855.65 TOTAL ANNUAL REVENUES $ _______________________ The Data Analysis and Transparency Division at the Texas Comptroller of Public Accounts For more information, visit our website: provides information and resources for taxpayers and local taxing entities. 50-806 1-18/4 Data Analysis and Transparency Texas Comptroller of Public Accounts Form 50-806 9. List of fund expenditures: 0.00 Administrative ........................................................................... $ _______________________ 0.00 Property purchased ....................................................................... $ _______________________ 0.00 Public improvements ...................................................................... $ _______________________ 0.00 Facade renovations ....................................................................... $ _______________________ 0.00 Parking ................................................................................ $ _______________________ 0.00 Historic preservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ _______________________ 0.00 Transit ................................................................................. $ _______________________ 0.00 Affordable housing ........................................................................ $ _______________________ 76,000.00 Economic development programs ............................................................ $ _______________________ 0.00 Other .................................................................................. $ _______________________ 76,000.00 TOTAL ANNUAL EXPENDITURES $ _______________________ 10. Bonded indebtedness: 0.00 Principal due ............................................................................ $ _______________________ 0.00 Interest due ............................................................................. $ _______________________ 11. Reinvestment zone values: 79,356,854.00 Tax increment base ....................................................................... $ _______________________ 81,994,361.00 Current captured appraised value ............................................................ $ _______________________ STEP 3: Signature of Person Completing Form EconomicDevelopmentProgramAdministrator 2/1/18 _____________________________________________ ________________________________ __________________ Authorized Signature Title Date Instructions State Law (Section Sec. 311.016, Tax Code) requires the governing body Step 1: Contact information of a municipality or county, on or before the 150th day following the end This information provides the Comptroller information on the entity initi- ating the tax increment reinvestment zone and a contact person for the created by the municipality or county to the chief executive officer of each annual report. Step 2: Tax Increment Reinvestment Zone Information of this annual report along with this form must be submitted to the Texas Please include the reinvestment zone name listed in the ordinance or Comptroller of Public Accounts at the address below: resolution creating the zone, the size of the zone in acres, and the types Comptroller of Public Accountsof property in the zone. Indicate all improvement projects in progress or Economic Development & Analysis Division- Post Office Box 13528 Austin, Texas 78711-3528 interest due on bonded indebtedness, the tax increment base at the cre- For assistance or to request additional forms, call toll free, 1-800-531-5441 ation of the zone and the current captured appraised value (the increase ext. 3-4679. You may also obtain additional forms on the Texas Ahead in property value over the tax increment base.) webpage at www.TexasAhead.orgFrom a Telecommunication Device for the Deaf (TDD), call 1-800-248-4099 or Step 3: Signature of Person Completing Form 512-463-4621.The person signing the report should be the same person listed in Step 1 as the contact person. Page 2 For more information, visit our website: 50-806 1-18/4 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-388,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of the City of Denton, Texas regarding the expenditure of the fund balance of the Downtown Reinvestment Fund account related to the Downtown Reinvestment Grant Program; and providing for an effective date. The Economic Development Partnership Board recommends approval 7-0. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET CITY COUNCIL DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider approval of an ordinance of the City Council of the City of Denton, Texas regarding the expenditure of the fund balance of the Downtown Reinvestment Fund account related to the Downtown Reinvestment Grant Program; and providing for an effective date. The Economic Development Partnership Board recommends approval 7-0. BACKGROUND On September 17, 2013, Council adopted Ordinance 2013-237, establishing the Downtown Reinvestment Fund, a Special Revenue Fund and committed $100,000 annually of mixed beverage taxes for downtown reinvestment activities. On September 12, 2017, Council adopted Ordinance 2017-251, removing future commitments of revenues to the Downtown Reinvestment Fund, but committing the existing Downtown Reinvestment Fund balance in the fund for the Downtown Reinvestment Grant Program. On September 18, 2018, City Council adopted Ordinance 18-1321, approving changes to the Downtown Reinvestment Grant Program to provide grants with monies collected by the Tax Increment Reinvestment Zone One (Downtown TIF). As of September 20, 2018, $108,513 remains in the Downtown Reinvestment Fund account for the grant, which Council directed be spent down to $0. This grant of these remaining funds will follow the current procedure of 1.) Recommendation from the Downtown Task Force to the Economic Development Partnership (EDPB) Board, 2.) Recommendation from the EDPB to City Council, 3.) Final approval from City Council. Once the current fund balance has reached $0, the approval sequence will be 1.) Recommendation from the Downtown Task Force to the Downtown TIF Board, 2.) Recommendation from the Downtown TIF Board to City Council, 3.) Final approval from City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) February 13, 2019 Work Session with the Economic Development Partnership Board (EDPB); EDPB recommends approval 7-0. EXHIBIT Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Caroline Booth Director of Economic Development Prepared by: Julie Glover Economic Development Program Administrator City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-393,Version:1 AGENDA CAPTION Consider the adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the Fiscal Year 2018- 2019 Strategic Plan of the City of Denton for the fiscal year beginning on October 1, 2018, and ending on September 30, 2019; and providing an effective date. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider the adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the Fiscal Year 2018-2019 Strategic Plan of the City of Denton for the fiscal year beginning on October 1, 2018, and ending on September 30, 2019; and providing an effective date. BACKGROUND Each fiscal year, the City of Denton produces a strategic plan intended to serve as an action-oriented roadmap that guides the organization toward achieving its mission, vision, and core values. On July 27, 2018, the City Council received a copy of the initial draft FY2018-2019 Strategic Plan in their Friday packets. Following receipt of the initial draft, City Council asked staff to develop a revised strategic plan that incorporated the following feedback: Improve connectivity from the City Councils priorities, identified in the Key Focus Areas (KFAs), to goals, work plan items, and individual performance measures. Ensure alignment with the priorities identified during the August 25 City Council Retreat. Expand the number of capital/infrastructure projects listed. Throughout October and November, and other key staff from across the organization brainstormed ideas and drafted a revised FY2018-2019 finalized following review and approval from department directors. The revised draft FY2018-2019 Strategic Plan is structured around the five KFAs and is formatted to show a clear linkage between the goals, which are intended to explain what the City wants to accomplish within each KFA; work plan items, which are strategies that help operationalize the goals; and individual performance measures that help gauge the success of implementing work plan items and goals. As the revised draft FY2018-2019 Strategic Plan was finalized, several cross-departmental themes emerged including the development of departmental strategic plans and master plan documents, enhanced communication and community outreach efforts, and the development and implementation of new processes and systems. These themes demonstrate efforts to plan for current and future growth, improve communication, and identify efficiencies across the organization. Staff presented the revised draft FY2018-2019 Strategic Plan to City Council during the January 7 Work Session. During their January 7 Strategic Plan conversation, City Council agreed to send final feedback on the draft plan to staff and asked staff to bring a final draft back for consideration and adoption at a future Council meeting. Exhibit 2 is the final draft of the FY2018-2019 Strategic Plan and Exhibit 4 outlines the feedback provided by City Council. Upon adoption, staff will develop an enhanced reporting mechanism to ensure members of the City Council and the community receive regular status updates on performance measures and work plan items. As a result of this initiative, it is our goal to make the Strategic Plan a more dynamic document that is updated throughout the year and is more closely linked to the resource allocation process. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 FY2018-2019 Strategic Plan Exhibit 3 Ordinance Exhibit 4 Feedback from Council on Draft FY2018-2019 Strategic Plan Respectfully submitted: Rachel Wood Chief of Staff 2018-19 STRATEGIC PLAN TABLE OF CONTENTS Introduction .................................... iii-vi Key Focus Area 1 ORGANIZATIONAL EXCELLENCE ............................................................1-5 Key Focus Area 2 PUBLIC INFRASTRUCTURE..................................................................... 6-10 Key Focus Area 3 ECONOMIC DEVELOPMENT................................................................. 11-15 Key Focus Area 4 SAFE, LIVABLE & FAMILY-FRIENDLY COMMUNITY.................. 16-20 Key Focus Area 5 SUSTAINABLE & ENVIRONMENTAL STEWARDSHIP............... 21-25 ABOUT Denton, Texas is the seat of Denton County, located at the apex of the Dallas-Fort Worth Metroplex, where I-35E meets I-35W. The City of Denton is a full-service organization that operates under the council-manager form of government. The Citys major revenue sources include property taxes, enterprise fees from City-owned utilities, sales tax, and general service fees. libraries; and 36 parks, 30 miles of trails, and six recreation centers, with four aquatic facilities, and the 2,900-acre Clear Creek Natural Heritage Center. Denton ranks among the fastest-growing communities in Texas the Citys population is currently more than 130,000 residents and is projected to grow to above 200,000 residents by 2030. According to a recent Oxford Economics Forecast, Denton County the median home value was $194,200. Denton has a higher-than-average proportion of residents with advanced degrees compared to both state and regional averages. Numerous national organizations have recognized Denton as a best place to live and visit. Denton is home to a popular downtown square with a historic courthouse; two state universities, the University of North Texas and Texas Womans University; multiple major manufacturing and distribution centers; state-of-the-art medical facilities; and an emerging technology industry. Denton is recognized as a culture center for music and the arts, and boasts a vibrant live music and festival scene. iii DENTON CITY COUNCIL MayorMayor Pro-Tem Gerard Hudspeth Chris Watts John Ryan District 1 District 4 Keely G. BriggsDon DuffDeb ArmintorPaul Meltzer District 2District 3At Large Place 5At Large Place 6 iv ABOUT THIS PLAN The City of Denton Strategic Plan is an action-oriented road map designed to guide the organization toward achieving its mission and evidence-based measures of performance across all categories of City service. The Strategic Plan was developed in accordance with the Citys vision, mission, and core organizational values. These guiding principles are interrelated and form the basis for our strategic direction. Further, the Citys vision, mission, and core values are emphasized through an increasingly data-driven management approach, which helps ensure we are tracking and continuously improving the initiatives that matter most to our residents and the community. VISION achieve this by providing high quality of life through excellence in education, entertainment, VISION stewardship; and superior public facilities and services. MISSION The City of Denton will foster an environment that will deliver extraordinary quality services CORE and products through stakeholder, peer group, and citizen collaboration; leadership and MISSION VALUES CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service DEFINING SUCCESS Below is a glossary of terms commonly used in this document. Fiscal Year 2018-19 extends from Oct. 1, 2018, through Sept. 30, 2019. Key Focus Areas (KFAs) Citys Vision, Mission, and Values. Goals designed to articulate how the priorities outlined through the KFAs will be achieved. Work Plans outlined by the Goals for each Key Focus Area. Work Plan actions are measurable in nature, and progress is tracked through corresponding Performance Measures. Performance Measures are the Citys sources of data or information that will help us track our ongoing progress for Work Plan actions or toward a Goal. NEXT STEPS FOR STRATEGIC PLAN DEVELOPMENT status updates and seek feedback from City Council throughout this process to ensure necessary metrics are in place to achieve the City Councils policy objectives. As a result of this initiative, it is our goal to make the Strategic Plan a more dynamic document that is updated throughout the year and is more closely linked to the resource allocation process. v Key Focus Area 1 ORGANIZATIONAL EXCELLENCE KFAs are long-term in nature and are derived from the Citys Mission, Vision, and Values. Key Focus Area 1: Organizational Excellence. Goal 1.1 through performance measurement; long-range planning; timely and accurate reporting; internal controls to prevent waste, fraud, and abuse; and by minimizing fees and rates for our customers. Goal 1.2 Develop a high-performance organization Goal 1.3 through ongoing and transparent communication with City Council Boards, and Commissions; through use of traditional and non-traditional communication platforms; and by regularly seeking feedback from Citizens and employees. Goal 1.4 Achieve a high level of customer satisfaction by providing professional, courteous customer interaction; through timely Goal 1.5 to automate work and improve convenience; through the use of data and evidence to drive management and operational decisions; and through regular audit and review to ensure adherence to necessary regulatory and policy requirements. Goal 1.6 Collaborate with local, regional, state, and federal partners by promoting bi-annual legislative agendas and congressional priorities; and by maintaining dialogue and representation at the regional, state, and federal levels. City of Denton 1 2018-19 STRATEGIC PLAN Goal 1.1 Manage Financial Resources in a Responsible Manner Expected Department Goal 1.1 - Work Plan (WP) & Performance Measures (PM) Completion WP1 City the organization September Auditors 2019 Number of audits conducted by Internal Audit PM New for FY18-19 | FY18-19 Target: 8 audits WP2 systems and processes Successful implementation of all operating budgets in new budget software PM New for FY18-19 | FY18-19 Target: 15 departments March Finance 2019 Pilot departmental travel and expense reporting system PM New for FY18-19 | FY18-19 Target: 2 departments Implement purchase card payment for vendors PM New for FY18-19 | FY18-19 Target: 10% of vendors accepting purchase cards Update the Purchasing Manual to better align with current practices WP3 and priorities Procurement July & Compliance2019 Council adoption of new Purchasing Manual PM New for FY18-19 | FY18-19 Target: July 2019 Implement new contract management software to better track and WP4 monitor the status of contracts Citywide Procurement March & Compliance2019 Complete testing of new contract management software PM New for FY18-19 | FY18-19 Target: February 2019 Goal 1.2 Develop a High-Performance Organization Expected Department Goal 1.2 - Work Plan (WP) & Performance Measures (PM) Completion WP1Enhance new leadership development programs Human October Resources2019 Increase number of employee participant hours in City-sponsored training activities PM FY17-18: 5,080.5 | FY18-19 Target: 6,000 Develop a strong organizational culture by focusing on core values and WP2 providing training opportunities to employees at all levels of the organization Increase number of employees participating in City-sponsored training activities Human PM New for FY17-18 | FY18-19 Target: Establish baseline Resources, Ongoing Procurement Continue Employee Ethics training sessions PM & Compliance New for FY18-19 | FY18-19 Target: Quarterly training opportunities Conduct employee ethics assessment PM New for FY18-19 | FY18-19 Target: March 2019 City of Denton 2 2018-19 STRATEGIC PLAN Goal 1.2 (continued from page 2) Develop a High-Performance Organization Expected Department Goal 1.2 - Work Plan (WP) & Performance Measures (PM) Completion WP3Enhance availability of employee health incentives and wellness opportunities Implement the new Real Appeal Weight Loss Program through United Health Care Human PMOngoing New for FY18-19 | FY18-19 Target: January 2019 Resources Revise Healthy Incentives Program to provide increased options for employees PM New for FY18-19 | FY18-19 Target: June 2019 Implement Safety Strategic Plan to improve employee safety and WP4 decrease risk to organization Reduce on-job injuries per $100 of payroll Human March PM FY17-18: $0.94 | FY18-19 Target: $0.75 Resources2019 Vehicle accidents per 100 miles driven PM New for FY18-19 | FY18-19 Target: Establish baseline Goal 1.3 Expected Department Goal 1.3 - Work Plan (WP) & Performance Measures (PM) Completion Implement and enhance public communications, community engagement, WP1 and transparency PM FY17-18: 66.8% | FY18-19 Target: 80% Increase percentage of residents rating the quality of the Citys website as Ongoing PMgood or excellent FY17-18: 68% | FY18-19 Target: 80% Increase of followers across all social media platforms PM FY17-18: 213,096 | FY18-19 Target: 234,405 Increase number of social media impressions by 20% PM FY17-18: 1,239,555 | FY18-19 Target: 1,487,466 WP2Enhance internal communication tools and techniques Conduct Employee Forum information sessions with employees at multiple locations City PMquarterly to share information and answer employee questions Ongoing Managers FY17-18: 1 round of meetings | FY18-19 Target: 4 rounds of meetings Launch new Employee Communication Platform and establish baseline data PMfor number of readers New for FY18-19 | FY18-19 Target: October 2019 City of Denton 3 2018-19 STRATEGIC PLAN Goal 1.4 Achieve a High Level of Customer Satisfaction Expected Department Goal 1.4 - Work Plan (WP) & Performance Measures (PM) Completion WP1Complete 2019 Citizen Survey Increase overall satisfaction rate with customer service December PM FY17-18: 75.8% | FY18-19 Target: 80% 2019 Increase percentage of residents positively rating the value received from PMtheir tax dollars FY17-18: 50% | FY18-19 Target: 60% Expand and promote the Engage Denton application; citizen service request WP2 application launched in June 2018 Average time to close requests through the Engage Denton application April PM New for FY18-19 | FY18-19 Target: 4 days 2019 Number of citizen service requests responded to through the Engage Denton PMapplication New for FY18-19 | FY18-19 Target: 3,600 Explore ways to improve vendor relationships to encourage competitive WP3bidding, improve the quality of bids received, and ensure high-level service providers continue working with the organization Procurement Ongoing & Compliance Draft and conduct vendor satisfaction survey to maintain and improve relationships PM New for FY18-19 | FY18-19 Target: September 2019 Goal 1.5 Expected Department Goal 1.5 - Work Plan (WP) & Performance Measures (PM) Completion WP1 quality and availability of data Implement Phase I of new Computer Aided Dispatch System for Public Safety PM New for FY18-19 | FY18-19 Target: December 2019 Complete radio system replacement and integrate into Denton County PMRegional Radio System Technology Ongoing New for FY18-19 | FY18-19 Target: September 2019 Services PMof work vs. actual work New for FY18-19 | FY18-19 Target: >95% PMcomparing planned budget vs. actual budget New for FY18-19 | FY18-19 Target: >95% City of Denton 4 2018-19 STRATEGIC PLAN Goal 1.6 Collaborate with Local, Regional, State, and Federal Partners Expected Department Goal 1.6 - Work Plan (WP) & Performance Measures (PM) Completion WP1Adopt and implement legislative agenda June Work with DCTA and other municipalities to introduce and pass legislation to 2019 PMmodify the board membership of DCTA New for FY18-19 | FY18-19 Target: Spring/summer 2019 WP2Collaborate with community partners to enhance collective impact initiatives Community Ongoing Development PMTeam and the Denton County Behavioral Health Leadership Team New for FY18-19 | FY18-19 Target: Ongoing City of Denton 5 2018-19 STRATEGIC PLAN Key Focus Area 2 PUBLIC INFRASTRUCTURE KFAs are long-term in nature and are derived from the Citys Mission, Vision, and Values. Key Focus Area 2: Public Infrastructure. Goal 2.1 Continuously improve the quality of City roadways by using the industry-standard Overall Condition Index (OCI) to prioritize street construction and repairs; by seeking ways to improve the design standard for City roads; and by constructing capital street projects with an estimated 40-year lifespan or greater. Goal 2.2 Enhance connectivity and seek solutions to improve mobility through coordination with regional transportation partners such as the Denton County Transportation Authority (DCTA), North Central Texas Council of Governments (NCTCOG), and the Texas Department of Transportation (TxDOT); by improving capacity of existing transportation network; improving bicycle and pedestrian infrastructure; and by enhancing aviation infrastructure at the Denton Enterprise Airport. Goal 2.3 Promote superior City facilities and utility services by planning for long-term resources; ensuring compliance with regulations and legislation; protecting public health; maintaining reliability of service; and managing rates and fees responsibly to increase standards of service. Goal 2.4 Proactively manage and enhance drainage infrastructure street-sweeping program to remove litter and debris and increase the health of the Citys stormwater system. Goal 2.5 Develop a Capital Improvement Program that will meet our communitys needs infrastructure and meet projected growth trends. Goal 2.6 Implement infrastructure projects that improve the quality of life for residents by considering and minimizing the environmental impact of existing and future transportation infrastructure. City of Denton 6 2018-19 STRATEGIC PLAN Goal 2.1 Continuously Improve the Quality of City Roadways Expected Department Goal 2.1 - Work Plan (WP) & Performance Measures (PM) Completion WP1Enhance Street Maintenance Program Increase percentage of lane miles of asphalt, overlaid or microsealed, of the Capital September PMCitys 1,400 lane miles Projects2019 FY17-18: 11% | FY18-19 Target: 20% PM FY17-18: 9% of roadway network | FY18-19 Target: 20% of roadway network Reduce the number of streets with a 45 or less Overall Condition Index (OCI) to Capital December PM10% of total roadway network Projects2019 New for FY18-19 | FY18-19 Target: December 2019 WP2Complete 2012 & 2014 Street Bond Program CapitalDecember Projects2020 Increase number of street bond-funded segments completed PM FY17-18: 53 | FY18-19 Target: 60 segments Goal 2.2 Enhance Connectivity and Seek Solutions to Improve Mobility Expected Department Goal 2.2 - Work Plan (WP) & Performance Measures (PM) Completion WP1Complete ADA Transition Plan and begin implementation Capital October Projects2019 Council approval of ADA Transition Plan PM New for FY18-19 | FY18-19 Target: October 2019 Develop a Master Thoroughfare Plan, update the Bicycle Master Plan, and WP2 the Mobility Plan CapitalDecember Council approval of Mobility Plan, Master Thoroughfare Plan, and the Projects2019 PMBicycle Master Plan New for FY18-19 | FY18-19 Target: December 2019 Develop a systematic approach to improving the connectivity, accessibility, and WP3well-being of the community through infrastructure projects and community partnerships that optimize access to a healthy lifestyle All CityJune Select a consultant to assist with strategy development and implementation PM Departments2019 New for FY18-19 | FY18-19 Target: January 2019 Present concept and draft strategy to City Council PM New for FY18-19 | FY18-19 Target: Spring 2019 September WP4Complete construction of the Denton Enterprise Airport Parallel Runway Project Airport 2019 City of Denton 7 2018-19 STRATEGIC PLAN Goal 2.3 Promote Superior City Facilities and Utility Services Expected Department Goal 2.3 - Work Plan (WP) & Performance Measures (PM) Completion WP1Maintain, build, and enhance City facilities to meet the needs of the community Service Center Remodel: Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: Summer 2019 City Hall East Remodel for Police Department: Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: Summer 2019 City Hall West: Complete design and initiate construction of window replacements Facilities PM Ongoing New for FY18-19 | FY18-19 Target: November 2018 Management Fire Station 3: Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: March 2020 Fire Station 8: Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: October 2019 American Legion Senior Center: Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: May 2019 Maintain, build, and enhance Water and Wastewater facilities to meet the WP2 needs of the community Pecan Creek Water Plant Facility Capacity Study: Complete treatment plant PM per day using existing process units New for FY18-19 | FY18-19 Target: Winter 2019 Complete Water Distribution Asset Management Study and Plan: Provide prioritized PMdistribution system asset replacement plan for capital planning Utility Ongoing New for FY18-19 | FY18-19 Target: Summer 2019 Administration Ray Roberts Water Treatment Plan Condition and Expansion Assessments: Complete plant condition and expansion assessments and develop prioritized distribution system PM asset replacement plan for capital planning New for FY18-19 | FY18-19 Target: Spring 2019 Water Distribution and Wastewater Collection Systems: Implement wastewater collection PM areas where stormwater enters the wastewater collection system New for FY18-19 | FY18-19 Target: Spring 2019 Maintain, build, and enhance Parks and Recreation facilities to meet the WP3 needs of the community Dallas/Teasley Median: Complete median design PM New for FY18-19 | FY18-19 Target: November 2019 Parks and Ongoing Recreation Eagle/Elm Median: Complete median design PM New for FY18-19 | FY18-19 Target: July 2019 North Lakes Dog Park: Complete park design and construction PM New for FY18-19 | FY18-19 Target: December 2019 City of Denton 8 2018-19 STRATEGIC PLAN Goal 2.3 (continued from page 8) Promote Superior City Facilities and Utility Services Expected Department Goal 2.3 - Work Plan (WP) & Performance Measures (PM) Completion IOOF Cemetery Improvements: Complete project improvements PM New for FY18-19 | FY18-19 Target: December 2019 South Lakes Park Parking Lot: Complete design and construction PM New for FY18-19 | FY18-19 Target: September 2019 Patrick Park: Complete development agreement, design, and construction PM New for FY18-19 | FY18-19 Target: September 2019 Parks and Ongoing Recreation Rayzor Ranch Park: Complete development agreement, design, and construction PM New for FY18-19 | FY18-19 Target: February 2020 Tennis Center: Complete design and construction PM New for FY18-19 | FY18-19 Target: December 2020 University Drive Median Landscape Improvement: Complete design and construction PM New for FY18-19 | FY18-19 Target: September 2020 WP4Complete charter required management study for Utilities Complete Utilities Management Study interviews Utility May PM New for FY18-19 | FY18-19 Target: Spring 2019 Administration2019 Complete draft Utilities Management Study and present draft to Public Utilities PMBoard and City Council New for FY18-19 | FY18-19 Target: Spring 2019 WP5 Environmental Ongoing Services Increase number of grease trap inspections PM FY17-18: 211 | FY18-19 Target: 200 Goal 2.4 Proactively Manage and Enhance Drainage Infrastructure Expected Department Goal 2.4 - Work Plan (WP) & Performance Measures (PM) Completion WP1 PEC-4: Begin construction of PEC-4 (Phase 1) PM FY17-18: 100% design | FY18-19 Target: 25% construction Capital Ongoing Projects Eagle Drive Drainage: Complete construction of Eagle Drive Drainage Project (Phase 2) PM FY17-18: 100% design | FY18-19 Target: 100% construction by August 2019 Downtown Drainage System Construction: Complete design and begin construction PM FY17-18: 60% design | FY18-19 Target: 100% design and 25% construction City of Denton 9 2018-19 STRATEGIC PLAN Goal 2.4 (continued from page 9) Proactively Manage and Enhance Drainage Infrastructure Expected Department Goal 2.4 - Work Plan (WP) & Performance Measures (PM) Completion Implement Safety Strategic Plan to improve employee safety and WP2 decrease risk to organization Reduce on-job-injuries per $100 of payroll Human March PM FY17-18: $0.94 | FY18-19 Target: $0.75 Resources2019 Vehicle accidents per 100 miles driven PM New for FY18-19 | FY18-19 Target: Establish baseline Goal 2.5 Develop a Capital Improvement Program that will Meet Our Communitys Needs Expected Department Goal 2.5 - Work Plan (WP) & Performance Measures (PM) Completion WP1Implement 2012 and 2014 Bond Program Mayhill Road (Capital Projects): Complete the majority of project construction PM FY17-18: Construction in progress | FY18-19 Target: 80% construction Bonnie Brae (Capital Projects): Complete project construction for Phase 1 PM New for FY18-19 | FY18-19 Target: 100% by September 2019 Capital Projects, Bonnie Brae (Capital Projects): Initiate construction for Phase 2 PM Parks andOngoing New for FY18-19 | FY18-19 Target: 25% construction Recreation Hickory Creek Road West (Capital Projects): Complete design and initiate construction PM New for FY18-19 | FY18-19 Target: Begin construction by September 2019 PM FY17-18: Design completed on four, six are currently being designed | FY18-19 Target: 100% design and 50% construction Vela Soccer Complex (Parks and Recreation): Complete Project Construction PM New for FY18-19 | FY18-19 Target: 100% by April 2019 WP2Develop preliminary project plan for new bond program City September Managers Coordinate with departments to identify list of projects to be considered for 2019 PMnew bond program New for FY18-19 | FY18-19 Target: September 2019 City of Denton 10 2018-19 STRATEGIC PLAN Goal 2.6 Implement Infrastructure Projects that Improve Quality of Life for Residents Expected Department Goal 2.6 - Work Plan (WP) & Performance Measures (PM) Completion WP1Complete construction required to implement four Downtown Quiet Zones December Capital Projects Develop monthly communication strategy to keep the community informed 2019 PMabout the project New for FY18-19 | FY18-19 Target: March 2019 Increase pedestrian safety by addressing lighting issues through partnership WP2 with Denton Municipal Electrics LED replacement plan December Capital Projects 2019 Finalize LED replacement plan PM New for FY18-19 | FY18-19 Target: December 2019 City of Denton 11 2018-19 STRATEGIC PLAN Key Focus Area 3 ECONOMIC DEVELOPMENT KFAs are long-term in nature and are derived from the Citys Mission, Vision, and Values. Key Focus Area 3: Economic Development. Goal 3.1 Develop targeted policies and incentives that boost economic growth in order to attract businesses; expand the tax base by increasing commercial and housing values; improve land-use density; preserve and maintain historic structures; and preserve the culture of Denton. Goal 3.2 Make Denton a destination for visitors by promoting festivals, events, hotels, and the Convention Center in partnership with the Convention & Visitors Bureau (CVB) and the Chambers of Commerce; and by collaborating with local and regional partners such as Denton County Transportation Authority (DCTA), University of North Texas (UNT), and Texas Womans University (TWU) to market Denton as a destination city. Goal 3.3 Promote a business-friendly environment cultivate positive relationships with the development community. Goal 3.4 Encourage development, redevelopment, recruitment, and retention by promoting high-quality economic growth and protects human health and the environment; and secures new customers for municipal utilities. City of Denton 12 2018-19 STRATEGIC PLAN Goal 3.1 Develop Targeted Policies and Incentives that Boost Economic Growth Expected Department Goal 3.1 - Work Plan (WP) & Performance Measures (PM) Completion WP1Develop Economic Growth Plan for Targeted Geographic Areas Economic April Development2019 Complete economic growth plan for Oak/Gateway Area PM New for FY18-19 | FY18-19 Target: 100% Complete conceptual plan for Mews Streets and a downtown WP2 solid waste strategy Multiple July Departments2019 Secure contractor and begin design of Mews Street Pedestrian Safety Project PM New for FY18-19 | FY18-19 Target: Spring 2019 Develop Greater Downtown Master Plan with a focus on design standards, Development September WP3 parking, streets, and walkability Services2019 WP4Complete and develop utilization plan for Oak/Gateway Small Area Plan Development January Services2019 PMSmall Area Plan New for FY18-19 | FY18-19 Target: 50% Develop a strategy to address current and future parking needs in key WP5 areas across the community Development June Services2019 Establish baseline parking stall counts for key areas including UNT and Downtown PM New for FY18-19 | Establish baseline Development September WP6Complete Historic Preservation Master Plan Services2019 Goal 3.2 Make Denton a Destination for Visitors Expected Department Goal 3.2 - Work Plan (WP) & Performance Measures (PM) Completion WP1Initiate development of a conceptual plan for a new performance venue Economic August Development2019 Complete performance venue plan PM New for FY18-19 | FY18-19 Target: July 2019 WP2Coordinate with the CVB to develop meaningful performance metrics EconomicSeptember Establish performance metrics to be included in the FY19-20 contract between Development2019 PMthe City and CVB New for FY18-19 | FY18-19 Target: Establish metrics City of Denton 13 2018-19 STRATEGIC PLAN Goal 3.2 (continued from page 13) Make Denton a Destination for Visitors Expected Department Goal 3.2 - Work Plan (WP) & Performance Measures (PM) Completion WP3Initiate process of establishing a Cultural District in Denton Economic June Development2019 Complete application process for establishment of Cultural District PM New for FY18-19 | FY18-19 Target: September 2019 WP4Use public art to enhance Denton as a cultural destination Complete MLK Recreation Center art installation project PM New for FY18-19 | FY18-19 Target: September 2019 Economic Ongoing Development PM New for FY18-19 | FY18-19 Target: June 2019 Complete repair of Pops Carter statue PM New for FY18-19 | FY18-19 Target: January 2019 WP5 Development Services, Ongoing Capital PMattended Projects New for FY18-19 | FY18-19 Target: 100% Initiate process to create gateway/major corridor design and development Development September WP6 standards in coordination with master thoroughfare plan Services2019 Goal 3.3 Promote a Business-Friendly Environment Expected Department Goal 3.3 - Work Plan (WP) & Performance Measures (PM) Completion WP1Provide business assistance support to existing and new businesses Economic Ongoing Development Increase number of business assistance responses PM FY17-18: 450 | FY18-19 Target: 475 Apply to the Texas Comptroller for the Economic Development WP2 Transparency Star Designation Economic Ongoing Development Receive Economic Development Transparency Star designation PM New for FY18-19 | FY18-19 Target: September 2019 City of Denton 14 2018-19 STRATEGIC PLAN Goal 3.3 (continued from page 14) Promote a Business-Friendly Environment Expected Department Goal 3.3 - Work Plan (WP) & Performance Measures (PM) Completion Collaborate with workforce development partners to support WP3 local training and hiring Co-host Denton Community Job Fairs Economic PMOngoing FY17-18: 2 | FY18-19 Target: 2 Development Host Denton Workforce Development Coalition Meetings PM FY17-18: 2 | FY18-19 Target: 2 DevelopmentMarch WP4Complete Denton Development Code update Services2019 WP5Improve planning/plan review process Initiate solicitation and begin implementation of development services software PM New for FY18-19 | FY18-19 Target: 75% Development Multiple ServicesDates Implement New Model for Development Review Engineering PM New for FY18-19 | FY18-19 Target: Spring 2019 Reduce number of days to review residential plans PM FY17-18: 8.4 | FY18-19 Target: 5 Goal 3.4 Encourage Development, Redevelopment, Recruitment, and Retention Expected Department Goal 3.4 - Work Plan (WP) & Performance Measures (PM) Completion WP1Coordinate with Stoke to provide resources for entrepreneurs in the community Conduct monthly coordination meetings between City and Economic PM Ongoing Development FY17-18: 12 | FY18-19 Target: 12 Co-host new creative economy conference with Stoke and PMGreater Denton Arts Commission New for FY18-19 | FY18-19 Target: 1 conference WP2Enhance existing small-business-focused program Economic Ongoing Development Host City of Denton Small Business Resource Fair PM New for FY18-19 | FY18-19 Target: 1 resource fair City of Denton 15 2018-19 STRATEGIC PLAN Goal 3.4 (continued from page 15) Encourage Development, Redevelopment, Recruitment, and Retention Expected Department Goal 3.4 - Work Plan (WP) & Performance Measures (PM) Completion WP3Utilize Chamber economic development contract to attract new businesses Monitor Chamber Response Leads PM FY17-18: 42 | FY18-19 Target: 47 Economic Ongoing Development Monitor site visits resulting from Chamber Response Leads PM FY17-18: 7 | FY18-19 Target: 7 Monitor average number of new contacts per marketing event attended by Chamber PM New for FY18-19 | FY18-19 Target: 3 WP4Leverage business parks to attract new businesses Economic Ongoing Development PMDallas Regional Chamber RFPs, and direct leads FY17-18: 39 | FY18-19 Target: 40 WP5Continue Business Retention and Expansion Program Economic Ongoing Development Continue to conduct on-site business retention and expansion visits PM FY17-18: 60 | FY18-19 Target: 60 City of Denton 16 2018-19 STRATEGIC PLAN Key Focus Area 4 SAFE, LIVABLE & FAMILY-FRIENDLY COMMUNITY KFAs are long-term in nature and are derived from the Citys Mission, Vision, and Values. Key Focus Area 4: Safe, Liveable & Family-Friendly Community. Goal 4.1 Enhance public safety by focusing on crime-prevention programs; maintaining high level of emergency preparedness; providing services to a growing community. Goal 4.2 Promote clean and healthy neighborhoods services to remove litter, waste, and blight from the community. Goal 4.3 Provide high-quality community services accessible and diverse services to meet community needs. Goal 4.4 Provide outstanding leisure, cultural, and educational opportunities education and government entities; and by maintaining excellent library, parks, and recreation services. Goal 4.5 Support citizens in need through partnerships with area social services agencies and the use of federal, state, and regional resources. City of Denton 17 2018-19 STRATEGIC PLAN Goal 4.1 Enhance Public Safety Expected Department Goal 4.1 - Work Plan (WP) & Performance Measures (PM) Completion WP1Develop Strategic Plan for Police Reduce violent Part I crime rate per 1,000 population PM FY17-18: 2.8 | FY18-19 Target: <2.8 Reduce Property Part I crime rate per 1,000 population PM FY17-18: 22.9 | FY18-19 Target: <22 PMinvestigation unit FY17-18: 31.7% | FY18-19 Target: 32% Increase percentage of citizens rating they feel safe in Denton PM March FY17-18: 77% | FY18-19 Target: 80% Police 2019 Increase percentage of citizens rating Police Services as excellent or good PM FY17-18: 75% | FY18-19 Target: 82% PM New for FY18-19 | FY18-19 Target: Establish baseline Reduce DWI/DUI vehicle accidents PM FY17-18: 173 | FY18-19 Target: 164 Reduce Priority I call response time by one minute PM FY17-18: 7:46 | FY18-19 Target: 6:46 Complete Police Department Resource Plan PM New for FY18-19 | FY18-19 Target: 100% WP2Increase the diversity of Fire Civil Service Exam applicant pool Conduct quarterly meetings of the Diversity Advisory Group, with representation PM Denton Fire Fighters Association FireOngoing New for FY18-19 | FY18-19 Target: 4 meetings Continue Fire Explorers partnership with Boys Scouts of America PM New for FY18-19 | FY18-19 Target: 24 meetings Implement new youth Fire Summer Camp PM New for FY18-19 | FY18-19 Target: June 2019 WP3Implement Automatic Fire Station Alerting System September PM Fire FY17-18: 44.83% | FY18-19 Target: 90% 2019 Average unit turn-out time (number of minutes from when a 911 dispatch is received PMto when units are en route to the scene) FY17-18: 1:15 | FY18-19 Target: 1:15 City of Denton 18 2018-19 STRATEGIC PLAN Goal 4.1 (continued from page 18) Enhance Public Safety Expected Department Goal 4.1 - Work Plan (WP) & Performance Measures (PM) Completion WP4Open Fire Department Training Facility October Promote employee development through training hours Fire PM 2019 FY17-18: 52,643 | FY18-19 Target: 53,696 Provide regional training opportunities to outside entities PM New for FY18-19 | FY18-19 Target: 6 training opportunities Goal 4.2 Promote Clean and Healthy Neighborhoods Expected Department Goal 4.2 - Work Plan (WP) & Performance Measures (PM) Completion WP1 regulations to maintain high levels of voluntary compliance Increase number of community meetings attended annually where property PMmaintenance educational information is provided FireOngoing FY17-18: 36 | FY18-19 Target: 40 Increase number of property maintenance code educational PMmaterials distributed annually FY17-18: 3,104 | FY18-19 Target: 3,125 Expand awareness of Neighborhood Project Matching Grant Program to WP2 Enhance the Quality of Life in Neighborhoods Development Ongoing Increase funding expended through the Neighborhood Project Matching Services PMGrant Program FY17-18: $25,197 | FY18-19 Target: $50,000 Goal 4.3 Provide High-Quality Community Services Expected Department Goal 4.3 - Work Plan (WP) & Performance Measures (PM) Completion WP1 September Develop Coordinated Strategy for National Night Out Police PM 2019 New for FY18-19 | FY18-19 Target: July 2019 PM FY17-18: 4 | FY18-19 Target: 8 City of Denton 19 2018-19 STRATEGIC PLAN Goal 4.4 Provide Outstanding Leisure, Cultural, and Educational Opportunities Expected Department Goal 4.4 - Work Plan (WP) & Performance Measures (PM) Completion WP1Develop Parks Recreation and Trail System Master Plan PM New for FY18-19 | FY18-19 Target: March 2019 Parks and December Recreation2019 Conduct community parks and recreation amenity needs analysis PM New for FY18-19 | FY18-19 Target: May 2019 City Council adoption of the Parks Recreation and Trail System Master Plan PM New for FY18-19 | FY18-19 Target: December 2019 WP2Develop Parks and Recreation Capital Standards Create standards for parks to ensure consistency and help project future Parks andMay PMmaintenance and budgetary needs Recreation2019 New for FY18-19 | FY18-19 Target: March 2019 Commit and develop a plan to aspire that all Denton residents live within a PM10-minute walk of a park facility New for FY18-19 | FY18-19 Target: February 2019 Expand programs and resource opportunities to help support the maintenance WP3 and operation of Parks and Recreation programs and facilities Update the Parks Sponsorship, Donation, and Naming Rights Policy PM New for FY18-19 | FY18-19 Target: June 2019 Implement cost for service model for Parks and Recreation activities Parks and December PM New for FY18-19 | FY18-19 Target: June 2019 Recreation2019 Expand Summer Camp Opportunities PM FY17-18: 357 | FY18-19 Target: 386 Improve community awareness and support by introducing and publishing Highlight PMReel blog to increase awareness of Parks and Recreation programs and services New for FY18-19 | FY18-19 Target: May 2019 May WP4Complete Library Master Plan Library 2019 WP5Reduce Barriers to Library Service PM New for FY18-19 | FY18-19 Target: September 2019 Expand Denton Public Library To-Go (DPL2GO) Outreach Services to Denton PMlocations outside of a 2.5 mile radius of any library branch by 50%LibraryOngoing FY17-18: 4 services | FY18-19 Target: 6 services Increase rate of patron self-checkout by 7% PM FY17-18: 43% | FY18-19 Target: 50% Increase downloadable and streaming content use by 25% PM FY17-18: 123,308 | FY18-19 Target: 154,135 City of Denton 20 2018-19 STRATEGIC PLAN Goal 4.5 Support Citizens in Need Expected Department Goal 4.5 - Work Plan (WP) & Performance Measures (PM) Completion WP1Make homelessness rare, brief, and nonrecurring Reduce total persons experiencing homelessness in Denton County by 5% annually PMper DCHLT Dashboard report Ongoing FY17-18: 534 | FY18-19 Target: 510 Reduce veteran homelessness in Denton County by 50% by end of 2019 per PMDCHLT Dashboard report FY17-18: 48 | FY18-19 Target: 24 Explore a relaunch of a program that employs people experiencing December WP2 homelessness 2018 Assist with the implementation of the Denton County Homeless Leadership WP3 Ongoing Team Strategic Plan 2018-2021 Support programs that assist low-to-moderate income families with basic WP4needs in the areas of food security, housing, mental and physical healthcare, childcare, prevention of homelessness, and utilities assistance Increase total CDBG and General Fund dollars for human services grant program PM FY17-18: $439,300 | FY18-19 Target: $471,000 Ongoing Number of individuals served annually with CDBG or Human Services funds PM FY17-18: 6,174 | FY18-19 Target: 8,665 Increase number of people served annually through the Utility Assistance program PM FY17-18: 415 | FY18-19 Target: 450 Assist low-to-moderate income households with securing and/or WP5 PM NFY17-18: 4 | FY18-19 Target: 4 Number of households receiving minor repair, renovation, and reconstruction Ongoing PMhousing assistance FY17-18: 23 | FY18-19 Target: 20 PMCDBG/HOME grants FY17-18: 6 | FY18-19 Target: 8 City Managers Spring WP6Initiate Committee on Citizens with Disabilities 2019 Capital Projects City of Denton 21 2018-19 STRATEGIC PLAN Key Focus Area 5 SUSTAINABLE & ENVIRONMENTAL STEWARDSHIP KFAs are long-term in nature and are derived from the Citys Mission, Vision, and Values. Key Focus Area 5: Sustainable & Environmental Stewardship. Goal 5.1 Responsibly manage Dentons water, land, and other natural resources by maintaining high-quality drinking water; investing in sustainable stormwater and watershed infrastructure; complying with regulatory requirements for wastewater treatment and discharge; and promoting conservation practices. Goal 5.2 Manage Dentons Solid Waste and Recycling in a Sustainable Manner. Goal 5.3 Reduce air pollution through greenhouse gas management, and by reducing air pollutants from government operations. Goal 5.4 Goal 5.5 Provide infrastructure for alternative modes of transportation by making Denton safer and more accessible for bicycles, pedestrians, and other modes of transit. Goal 5.6 through incentive programs and the availability of infrastructure and programming that encourages residents to reduce energy consumption and promote a healthy environment. City of Denton 22 2018-19 STRATEGIC PLAN Goal 5.1 Responsibly Manage Dentons Water, Land, and Other Natural Resources Expected Department Goal 5.1 - Work Plan (WP) & Performance Measures (PM) Completion WP1Maintain compliance with City stormwater permit Environmental Number of watershed monitoring events performed Ongoing PM Services FY17-18: 931 | FY18-19 Target: 996 Ratio of illicit discharges reported to number of discharges resolved PM FY17-18: 98% | FY18-19 Target: 90% Complete Urban Forest Master Plan to identify opportunities to preserve and Parks and August WP2 expand the urban tree canopy Recreation2019 Parks andNovember WP3Complete the Parks, Recreation and Trail System Master Plan Recreation2019 Redevelop Park Land Dedication and Development Ordinance to Parks andAugust WP4 Increase Resources to Purchase and Preserve Potential Park Land Recreation2019 Adopt a Conservation and Landscape Code to protect natural WP5 ecological resources DevelopmentMarch Number of trees planted in new development projects in accordance with the new Services2019 PMConservation and Landscape Code New for FY18-19 | FY18-19 Target: Establish baseline Adopt standards in the Denton Development Code that increase open space in DevelopmentMay WP6 the built environment Services2019 Goal 5.2 Manage Dentons Solid Waste and Recycling in a Sustainable Manner Expected Department Goal 5.2 - Work Plan (WP) & Performance Measures (PM) Completion Perform business case analysis of Solid Wastes Recycling Program to WP1assess program performance, environmental impact, market risks, and September Solid Waste 2019 Establish recycling baseline data to reduce recycling contamination PM New for FY18-19 | FY18-19 Target: Establish baseline Perform business case analysis of Solid Wastes Building Materials Recovery December WP2and Rubble Processing operations to assess program performance, diversion Solid Waste 2018 Perform business case analysis of Solid Wastes Home Chemical Collection April WP3operation to assess environmental impact, program participation, and Solid Waste 2019 Perform business case analysis of Solid Wastes Yard Waste & Brush Collection April WP4operation to assess program participation, diversion volumes, operational Solid Waste 2019 City of Denton 23 2018-19 STRATEGIC PLAN Goal 5.2 (continued from page 23) Manage Dentons Solid Waste and Recycling in a Sustainable Manner April WP5Develop a rate correction strategy for Solid Waste Solid Waste 2019 Perform business case analysis of Solid Wastes Enhanced Leachate July WP6 Solid Waste 2019 operational requirements, and market potential WP7 PMSolid WasteOngoing FY17-18: 1,402 pounds per cubic yard | FY18-19 Target: 1,425 pounds per cubic yard Decrease waste disposal per capita through material diversion PM FY17-18: 1,751 pounds per year | FY18-19 Target: 1,700 pounds per year Goal 5.3 Reduce Air Pollution Expected Department Goal 5.3 - Work Plan (WP) & Performance Measures (PM) Completion Acquire new renewable energy sources to achieve 100% renewable energy WP1 goal by 2020 Denton Actual renewable energy purchases made December PM Municipal New for FY18-19 | FY18-19 Target: 47% 2020 Electric Complete negotiations with Whitetail Developer to determine how the PMagreement will help achieve the Citys renewable energy targets New for FY18-19 | FY18-19 Target: September 2019 WP2Decommission Gibbons Creek Coal-Fired Power Plant Denton September Municipal 2019 Complete Gibbons Creek Plant Sales Agreement Electric PM New for FY18-19 | FY18-19 Target: September 2019 Reduce per capita greenhouse gas emissions 50 percent below WP3 2006 levels by 2020 December Sustainability 2020 Increase number of air quality education and awareness events and activities PM FY17-18: 1 | FY18-19 Target: 8 WP4Continue Gas Well Monitoring Inspection Program Environmental Ongoing Services Percentage of gas well inspection action items addressed PM FY17-18: 100% | FY18-19 Target: 100% WP5 Fleet, Ongoing Sustainability PM New for FY18-19 | FY18-19 Target: Establish baseline City of Denton 24 2018-19 STRATEGIC PLAN Goal 5.4 Expected Department Goal 5.4 - Work Plan (WP) & Performance Measures (PM) Completion WP1 Denton Complete the LED Streetlight Pilot Program Municipal 2021 PM New for FY18-19 | FY18-19 Target: March 2019 Electric PM New for FY18-19 | FY18-19 Target: 1,500 Identify electric peak reduction opportunities for City facilities to WP2 Denton reduce electric costs and consumption May Municipal 2019 Identify City facilities available to reduce electric demand Electric PM New for FY18-19 | FY18-19 Target: 5 facilities Goal 5.5 Provide Infrastructure for Alternative Modes of Transportation Expected Department Goal 5.5 - Work Plan (WP) & Performance Measures (PM) Completion WP1Expand Availability Electric Vehicle Charging Stations Denton October Issue Request for Proposals and install updated electric vehicle charging equipment Municipal PM 2019 New for FY18-19 | FY18-19 Target: 10 sites Electric Improve the minimum utilization rate for electric vehicle charging facilities PM New for FY18-19 | FY18-19 Target: 5% WP2Expand Bicycle Infrastructure Network Capital December Stripe two or more miles of bike lanes/sharrows per quarter in accordance with the Projects2019 PMBicycle Master Plan New for FY18-19 | FY18-19 Target: 2+ per quarter WP3Expand Pedestrian Safety Amenities Enhance lighting (brightness and location) at three critical downtown intersections PM Capital December New for FY18-19 | FY18-19 Target: April 2019 Projects2019 Improve crosswalk safety and sidewalk connectivity at schools New for FY18-19 | FY18-19 Target: Continue implementation of Safe Routes to PM TxDOT in early calendar year 2019) City of Denton 25 2018-19 STRATEGIC PLAN Goal 5.6 Minimize Environmental Impact Expected Department Goal 5.6 - Work Plan (WP) & Performance Measures (PM) Completion WP1Promote solar rebates provided through the GreenSense Program Denton September Municipal 2019 Minimum percentage of solar rebate funding expended Electric PM New for FY18-19 | FY18-19 Target: 80% Denton WP2 Municipal September Electric, 2019 PM Sustainability New for FY18-19 | FY18-19 Target: 3 workshops WP3Expand availability of City-sponsored sustainability outreach initiatives Increase citizen participation in City-sponsored sustainability workshops PM Sustainability, FY17-18: 2,099 | FY18-19 Target: 2,309 Denton Total number of students enrolled in Denton Sustainable Schools Municipal PM FY17-18: 18,438 | FY18-19 Target: 22,126 Electric, Ongoing Keep Denton PM Beautiful, FY17-18: 14 | FY18-19 Target: 15 Capital Increase number of Energy Audits Projects PM FY17-18: 119 | FY18-19 Target: 143 Increase number of Water Audits PM FY17-18: 20 | FY18-19 Target: 23 WP4Support expansion of local food production Increase number of local food-related workshops and events September PMSustainability FY17-18: 18 | FY18-19 Target: 23 2019 Conduct survey for community backyard gardens PM New for FY18-19 | FY18-19 Target: Establish baseline City of Denton 26 2018-19 STRATEGIC PLAN 02/19 ADA/EOE/ADEA TDD (800) 735-2989 www.cityofdenton.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-407,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, approving a city sponsorship in an amount not to exceed $90 of in-kind services for the Denton County Amateur Radio Association to host an emergency communications exercise event, to be held on Saturday, March 23, 2019, from 7:00 a.m. to 1:00 p.m., at the South Lakes Park; and providing an effective date. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a city sponsorship in an amount not to exceed $90 of in-kind services for the Denton County Amateur Radio Association to host an emergency communications exercise event, to be held on Saturday, March 23, 2019, from 7:00 a.m. to 1:00 p.m., at the South Lakes Park; and providing an effective date. BACKGROUND The Denton County Amateur Radio Association is preparing to host a demonstration and exercise to test their communications equipment under simulated emergency conditions. As part of this exercise they would also like the public to see what they do and how they do it. Event organizers will begin setting up at 7:00 a.m. and will complete takedown at 1:00 p.m. Event organizers is requesting the City of Denton provide in-kind services for the rental of South Lakes Park pavilion. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION The value of in-kind services for the South Lakes pavilion rental is $90, not to exceed that amount. Expenses $90 Value based on the 2019 $15 rental fee for North Lakes Pavilion $90 Total Expenses Including this event, the City Council will have authorized a total of $31,766 in support for six community events in the current fiscal year. All events where City facilities or services are requested for free or at a reduced rate require City Council approval. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Events Supervisor 2019TAILSANDTRAILSINKINDSUPPORT$90.00 PARKSANDRECFACILITYRENTALS.ğƭĻķƚƓCĻĻhƩķźƓğƓĭĻ Hours RentalFeeHourlyRateTOTAL SouthLakespavilion6.00$15.00$90.00 $90.00 City of Denton Parks and Recreation Department 601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275 March 5, 2019 Mrs. Kelly Roark Denton County Amateur Radio Association Dear Mrs. Roark: On March 5, 2019, your sponsorship request was approved by City Council in an amount not to exceed $90 of in-kind support provided by the City of Denton for the amateur radio event to be held at South Lakes Park on Saturday, March 23, 2019, from 7:00 a.m. to 1 p.m. The City of Denton is proud to be a sponsor in support of the amateur radio event as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2019 Denton County Amateur Radio Association included in future requests. The following is a summary of in-kind support and the sponsorship role assumed by the City of Denton and the Denton County Amateur Radio Association. Expenses $90 $90 Total Expenses Denton County Amateur Radio Association 1. The Denton County Amateur Radio Association will provide all planning, management, and organization for the event. 2. Event organizers will submit a Special Event Application complete with a layout of the vendor locations, public safety plan, site map, litter and recycling agreement, and schedule of events to the City’s Special Events Supervisor prior to the event. 3. are responsible for securing all permits, licenses, insurance, and approvals necessary to host the event as stated in permit applications. TheSpecial Events Supervisor will provide information to help facilitate these processes, if needed. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 4. Event organizers assume all liability in connection with the event, including but not limited to damages done to City property whatever the cause, while hosting this fun run, and agrees to reimburse the City for reparations within 30 days of notice/invoice. 5. will promote the event as a "Litter Free Event" in accordance to Resolution R2008-004 for events held on City property and agree to promote recycling and ensure that Denton parks is free from litter resulting from the fun run. 6. Event organizers will charge and collect all Park Vendor Fees consistent with the City of Denton ordinance and remit these fees within five working days after the event. 7. Event organizers and vendors are responsible for their own set-up and take-down, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 8. The City of Denton will be recognized as a sponsor at the appropriate level in promotional materials and all advertising, including any use of a City logo, must be submitted to the Special Events Supervisor for approval from the Parks and Recreation Department. The City of Denton is excited about the amateur radio event and its continued success. Sincerely, Jennifer Eusse Special Events Supervisor I hereby agree to the foregoing conditions required for a City of Denton sponsorship. ____________________________________ __________________________ Kelly Roark, Denton County Amateur Radio Association Date 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-415,Version:1 AGENDA CAPTION Consideradoptionofanordinancepartiallyreleasing,abandoning,andvacatinga165squarefoottractofan existing420squarefootguywireandanchoreasementgrantedtotheCityofDentonbyBobE.Trippon January20,1976,andrecordedinVolume771Page703intheDeedRecordsofDentonCounty,Texas;and fullyreleasing,abandoning,andvacating(I)a0.175acrepublicaccesseasementgrantedtotheCityofDenton byMcKamyDevelopment,Ltd.,aTexaslimitedpartnership(“McKamyDevelopment”)onAugust28,2002, recordedasInstrumentNo.2003-60472intheRealPropertyRecordsofDentonCounty,Texas;(II)a0.175 acrepublicaccesseasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28,2002, recordedasInstrumentNo.2003-60473intheRealPropertyRecordsofDentonCounty,Texas;(III)a0.406 acrepublicdrainageeasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28,2002, recordedasInstrumentNo.2003-60471intheRealPropertyRecordsofDentonCounty,Texas;and(IV)a 0.283acrepublicdrainageeasementgrantedtotheCityofDentonbyMcKamyDevelopmentonAugust28, 2002,recordedasInstrumentNo.2003-60470intheRealPropertyRecordsofDentonCounty,Texas; providingforseverabilityandaneffectivedate.(EverswayAddition-guywireeasement,accesseasements and drainage easements abandonments) City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Development Services CM/ DCM/ ACM: Todd Hileman DATE: March 5, 2019 SUBJECT Consider adoption of an ordinance partially releasing, abandoning, and vacating a 165 square foot tract of an existing 420 square foot guy wire and anchor easement granted to the City of Denton by Bob E. Tripp on January 20, 1976, and recorded in Volume 771 Page 703 in the Deed Records of Denton County, Texas; and fully releasing, abandoning, and vacating (I) a 0.175 acre public access easement granted to the City of Denton by McKamy Development, ltd., a TMcK August 28, 2002, recorded as Instrument No. 2003-60472 in the Real Property Records of Denton County, Texas; (II) a 0.175 acre public access easement granted to the City of Denton by McKamy development on August 28, 2002, recorded as Instrument No. 2003-60473 in the Real Property Records of Denton County, Texas; (III) a 0.406 acre public drainage easement granted to the City of Denton by McKamy development on August 28, 2002, recorded as Instrument No. 2003-60471 in the Real Property Records of Denton County, Texas; and (IV) a 0.283 acre public drainage easement granted to the City of Denton by McKamy development on August 28, 2002, recorded as Instrument No. 2003-60470 in the Real Property Records of Denton County, Texas; providing for severability and an effective date. (Evers way Addition access easements, drainage easements and guy wire easement abandonments) BACKGROUND Marker Stone Realty Partners I LLC., Ownerpartially abandon 165 square foot of an existing 420 square foot guy wire and anchor easement and fully abandon two drainage easements and two public access easements as they encumber the owners approved development known as Evers Way Addition. The guy wire and anchor easement was dedicated in 1976 to accommodate a guy wire and anchor that supported an electric line . Denton Munichas within the past few years made improvements to its electric line and has removed the guy wire improvements from the easement. DME has no future plans to use the easement for any current or future electric projects. DME has reviewed and endorses the abandonment of the guy wire and anchor easement. The public access easements were dedicated in 2003 as a temporary solution for turn-around areas to benefit vehicular traffic until public improvements had been dedicated and constructed. The turn-around areas within the public access easements was a requirement of the McKamy Evers Addition development that is located south of the Owners development. New right-of-ways for new roads and public improvements were dedicated by way of the Owners approved Final Plat and related construction engineering plans for Evers Way addition in 2017. The new roads eliminate the need for the turn-around areas, therefore the public access easements are no longer necessary. The public drainage easements were dedicated at the same time of the public access easements in 2003. At the time of the creation of McKamy Evers Addition in 2003. The topography of Owners undeveloped property was graded to direct the storm-water runoff into public drainage facilities and away from the developed lots of said McKamy Evers Addition. The graded areas were located within the subject drainage easements. The drainage easements were temporary in nature until public drainage easements and improvements were constructed to address the Owners storm-water runoff. Along with the dedication of Evers Way new right-of-ways, new drainage easements have been dedicated and drainage improvements constructed to address the areas storm-water runoff. Said public access easements and drainage easements are no longer necessary for any current or future City of Denton projects. Staff recommends the abandonment of the subject easements. Staff performs an analysis on the request for abandonments as follows: Does the easement tract requested for abandonment have a continued public use? abandonment tract? Would the granting of this request establish a precedent for future abandonment requests? Staff findings on this analysis are as follows: 1. The requested guy wire and anchor easement, two public access easements and two drainage easements collectively known as the abandonment tracts, do is defined as: Property rights acquired or used by the City for easement subsequently declared excess (not needed for any public facility project, the continuation of operation and maintenance of public facilities, and/or no foreseeable public improvement applications in the future). 2. No, the guy wire and anchor easement, two public access easements and two drainage easements are not slated for utilization for any future pubic facilities. 3. The guy wire and anchor easement, two public access easements and two drainage easements abandonment tracts, are s are no longer needed for public facilities and the area encumbered can be freed up for other uses. 4. This abandonment will not set a precedent, because the above three standards have been met. OPTIONS 1. Approve the proposed ordinance. 2. Decline to approve the proposed ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Early spring of 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Evers Way Preliminary Plat approval by Planning & Zoning on September 27, 2017. Evers Way Final plat approval by Planning & Zoning on December 13, 2017. FISCAL INFORMATION All costs associated with the processing of the abandonment request are being borne by the Owner. EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Site Map 4. Ordinance Respectfully submitted: Richard Cannone Deputy Director of Development Services Prepared by: Mark A. Laird Real Estate Analyst Location Map CITY OF DENTON Subject Area W HERCULES LN Evers Way RETAMA ST YUCCA DR MIMOSA DR GREENWOOD DR ROBERTS ST CHOCTAW AVE W COLLEGE ST GROVE ST GARY ST Downtown Denton E PECAN ST E OAK ST E HICKORY ST Subject Area µ 05001,0002,000 Feet Site Map CITY OF DENTON Marker Stone Realty Partners II LLC City of Denton 2017-148559 R.P.R.D.C.T. Hercules Ln. Guy Wire and Anchor Easement. V.771 P.703 D.R.D.C.T. Evers Way Addition 2018-189 P.R.D.C.T. Public Access Easement. V.5316 / P.6366 R.P.R.D.C.T. Public Access Easement. V.5316 / P.6371 R.P.R.D.C.T. Drainage Easement. V.5316 / P.6356 R.P.R.D.C.T. Drainage Easement. V.5316 / P.6361 R.P.R.D.C.T. MCKAMY BLVD McKamy Evers Estates Ph.1 Cab. U. Pg. 938 P.R.D.C.T. Subject Area µ 065130260 Feet City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-421,Version:1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton, confirming the appointment of Rosa Rios, by the City Manager, as the City Secretary; and providing an effective date. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, confirming the appointment of Rosa Rios, by the City Manager, as the City Secretary; and providing an effective date. BACKGROUND On January 31, 2019, previous City Secretary, Jennifer Walters, retired from her role after 34 years of dedicated public service. Interim City Secretary, effective February 1, 2019. has selected Rosa Rios as the City of more than 20 years of local government experience; most recently serving as the City Secretary for the City of Abilene, and has also served in that role for the City of Dallas, Seagoville, and Cockrell Hill. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Respectfully submitted: Rachel Wood Chief of Staff City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-443,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, th Texas, and Denton Community Market, Inc. for the purpose of 2019 10 Anniversary Opening Day sponsorship; providing for the expenditure of funds; and providing an effective date. ($3,000 Hotel Occupancy Tax and Sponsorship Committee recommends 2-0) City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas th and Denton Community Market, Inc. for the purpose of 2019 10 Anniversary Opening Day sponsorship; providing for the expenditure of funds: and providing for an effective date. ($3,000 Hotel Occupancy Tax and Sponsorship Committee recommends 2-0) BACKGROUND This agreement allows for the total expenditure of $3,000 provisions of the Agreement include: th Funds shall be used by Denton Community Market, Inc. for the 10 Anniversary Opening Day in accordance with the budget attached as Exhibit A. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed additional sponsorship budget applications on February 14, 2019 and recommends this organization to receive $3,000 of the remaining $6,600 in the fund balance. FISCAL INFORMATION -19. EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully Submitted, Antonio Puente, Jr. Chief Financial Officer Prepared by: Randee Klingele Treasury Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-446,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteanInterlocalCooperativePurchasingAgreementwithTexasWoman’sUniversity, underGovernmentCode,Chapter791.001,toauthorizeCityofDentoncontractsforthepurchaseofannual physicalassessmentsforCityofDentonFirefighters;authorizingtheexpenditureoffundstherefor;and declaringaneffective(File6957-awardanInterlocalCooperativePurchasingAgreementwithTexasWoman’s University in the three (3) year not-to-exceed amount of $210,000). City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: March 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute an Interlocal Cooperative Purchasing Agreement with Texas University, under Government Code, Chapter 791.001, to authorize City of Denton contracts for the purchase of annual physical assessments for City of Denton Firefighters; authorizing the expenditure of funds therefor; and declaring an effective (File 6957 award an Interlocal Cooperative Purchasing year not-to-exceed amount of $210,000). INFORMATION /BACKGROUND This Interlocal Cooperative Agreement is for the performance of annual physicals for civil service Fire Department personnel. The agreement will establish a long term fixed price for services and allow the Fire Department to continue providing the annual physicals required by the Meet and Confer contract, standard operating procedures (SOP), and specialized certifications. Department was awarded funding to establish a health and wellness program. As part of the 2015 Meet and Confer contract, the City agreed to provide annual physicals to civil service personnel. Additionally, an SOP was implemented establishing a health and wellness performance standard that requires the completion of annual physicals. The proposed agreement contains a list of specific medical tests and services to be provided by Texas located at their facility. This includes but is not limited to, a physical examination, Body Mass Index, Body Composition, Bone Density Scan by DXA, Muscle Fitness Testing (Flexibility, Muscle Strength, Core Endurance), Cardiac Stress Test (VO2 Max, Aerobic Endurance), Vision Exam, Hearing Exam, and Respiratory Function Testing. Chapter 791 of the Texas Government Code, requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. RECOMMENDATION Award an Interlocal Cooperative Purchasing Agreement for the purchase of annual physical assessments for City of Denton Firefighters, in the three (3) year not-to-exceed amount of $210,000. PRINCIPAL PLACE OF BUSINESS Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION This service will be funded from the Fire Department account 320100.7726. Requisition # 140746 has been entered into the Purchasing software system in the amount of $70,000 for Fiscal Year 2018-2019. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Christine Taylor at 940-349-7889. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-457,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizingaserviceagreementbetweentheCityof DentonandtheDentonBlackFilmFestival;authorizingtheCityManager,orhisdesignee,toexecutesaid agreement;providingfortheexpenditureofCouncilContingencyfunds;andprovidingforaneffectivedate. ($300) City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: March 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and the Denton Black Film Festival; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of Council Contingency funds; and providing for an effective date. ($300) BACKGROUND This Agreement allows for the total expenditure of $300 from Council Contingency Funds. (Council Member Gerard Hudspeth). Key provisions of the Agreement include: Funds shall be used for the 2019 Denton Black Film Festival. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-489,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,approvingaCitysponsorshipinanamountnotto exceed$8,500ofin-kindservicesandresourcesforKeepDentonBeautifulannualGreatAmericanCleanup eventonSaturday,March23,2019;andprovidinganeffectivedate.\[ThePublicUtilitiesBoardrecommends approval (6-0).\] City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Solid Waste CM/ DCM/ ACM: Mario Canizares DATE: March 5, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City sponsorship in an amount not to exceed $8,500 of in-kind services and resources for Keep Denton Beautiful annual Great American Cleanup event on Saturday, March 23, 2019; and providing an effective date. The Public Utilities Board recommends approval (6-0). BACKGROUND Keep Denton Beautiful, Inc. (KDB) is a non-profit 501(c)(3) organization that has coordinated the Great American Cleanup event with the City for several years. The event is a community-wide cleanup effort to remove trash and litter from city streets, neighborhoods, and parks. KDB anticipates that over 2,000 KDB, Inc. is requesting that the City of Denton provide in-kind support through the temporary use and service of commercial refuse and recycling containers. Staff estimates that services rendered for the event will not exceed $500 in value. Additionally, KDB, Inc. requests that the Solid Waste department offer free landfill disposal to Denton residents to occur on the same day as the Great American Cleanup. The community as Free Landfill Day. Based on past citizen participation, Solid Waste staff estimates that free disposal services will not exceed $8,000 in unrealized revenue. The total in-kind contribution for both requests will be $8,500. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On February 25, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Staff recommends approval. FISCAL INFORMATION The City will waive the following fees and expenses: Refuse and recycling containers and collection services in an amount not to exceed $500. Service fees are based on rates published in the FY 18-19 rate schedule. Free landfill disposal for over 300 Denton residents participating in Free Landfill Day. The not to exceed amount of $8,000 is based on projected citizen participation and disposal rates published in the FY 18-19 rate schedule. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 GAC Fee Schedule Exhibit 4 Sponsorship Request Respectfully submitted: Ethan Cox Director of Solid Waste Prepared by: Ethan Cox Director of Solid Waste January 28, 2019 Mayor Chris Watts & City of Denton City Council 215 E McKinney St. Denton, TX 76201 Dear Mayor Watts and City Council Members: Keep Denton Beautiful, Inc. (KDB) respectfully requests an in-kind donation of: two (2) front load trash containers, one (1) front load recycling container, and Free Landfill Day and accompanying staff st for the 31 Annual Great American Cleanup on Saturday, March 23, 2019. The Great American Cleanup (GAC) has been going on for over thirty years, and the Solid Waste and Recycling Department has been a partner with KDB on this event since the beginning. KDB requests the same form of support that has been provided the past several years. The amount of the in-kind donation totals approximately $373.32 for the 3 containers, and approximately $8,000 value in Free Landfill Day. Total in-kind donation is $8,373. The Great American Cleanup is a community-wide cleanup event, with over 1,500 participants volunteering their time to pick up trash and litter from our streets, neighborhoods, and parks. This results in literal tons of trash and recyclables being picked up and taken to the landfill or Pratt Recycling. Free Landfill Day encourages citizens to properly dispose of items that may have been left at a drop-off center or illegally dumped, saving City resources from having to clean them up. KDB is a local nonprofit organization that works with Denton residents, neighborhoods, businesses, and others to create a clean, beautiful city. We offer programs and volunteer opportunities in the areas of litter prevention, community beautification, youth programs, and urban forestry. Thank you in advance for your consideration of this request. Kind regards, Ali Silva Board President Keep Denton Beautiful, Inc. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-485,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionbothauthorizingEarlyVotinglocationsandestablishingElectionDaypolling locationsfortheCityofDentonCityCouncilElectiontobeheldonMay4,2019;andprovidinganeffective date. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider approval of a resolution both authorizing Early Voting locations and establishing Election Day polling locations for the City of Denton City Council Election to be held on May 4, 2019; and providing an effective date. BACKGROUND For each municipal election, the City of Denton is responsible for authorizing Election Day polling locations. The City Council authorized eight Election Day polling locations (two per City Council District) for the 2018 municipal election. Early Voting polling locations are ultimately determined by Denton Voting location. There were two Early Voting polling locations for the 2018 municipal election; those locations included the Denton Civic Center and the Denton County Elections Office. On January 7, 2019, the City Council provided staff with direction on polling locations for the May 4, 2019 municipal election. At that time, consensus of the Council was to proceed with the eight Election Day polling locations used for the 2018 municipal election. The proposed polling locations are shown below. DISD has confirmed that Pecan Creek Elementary School and LA Nelson Elementary School can be used as Election Day polling locations. However, Ryan High School, which was a District 2 polling location in 2018, is not available due to multiple events being held at the school. Staff has researched alternative locations in the general vicinity of Ryan High School and determined that the DISD Annex, located at 230 N. Mayhill Road is the most viable option. A map showing proposed Election Day polling locations is attached. District Proposed 2019 Polling Locations MLK Recreation Center 1 Pecan Creek Elementary North Branch Library 2 DISD Annex North Lakes Recreation Center 3 Fire Station 7 Denia Recreation Center 4 LA Nelson Elementary Early Voting for the 2019 municipal election will take place April 22-27 and April 29-30. Denton County has indicated that the University of North Texas (UNT) Greek Life Center, the Denton Civic Center, and Denton County Elections Office will serve as Earl agreement to fund those sites. On February 5, 2019, the City Council asked staff to research possible polling locations on or near the UNT campus for consideration. Staff contacted eight different facilities in the general vicinity of the UNT campus to determine their availability and interest in serving as a potential polling location. The table below lists the facilities contacted by staff and their availability to serve as an Early Voting and/or Election Day polling location for the 2019 municipal election: Facility Name Address Early Voting Election Day Availability Availability Christian Campus Community 1305 W. Oak Not Available Not Available Denton Wesley Foundation 1501 Maple Not Available Available Latter Day Saints Institute 1100 W. Mulberry Not Available Not Available St. Paul Catholic Campus 1303 Eagle Not Available Not Available Center The Retreat at Denton 1320 W. Hickory Not Available Not Available The Village Church 1106 W. Oak Not Available Not Available UNT Greek Life Center 621 S. Welch Available Available Voertman's College Store 1314 W. Hickory Not Available Not Available OPTIONS Staff has drafted two resolutions for the City Council to consider: Exhibit 2 would authorize two polling locations per City Council District on Election Day and agree to the three Early Voting polling locations identified by Denton County. Exhibit 3 would authorize two polling locations per City Council District on Election Day, name a third Election Day polling location in City Council District 3, and would agree to the three Early Voting locations identified by Denton County. The March 5 City Council meeting is the last regularly scheduled City Council meeting prior to Denton March 13 deadline to finalize polling locations. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Resolution Additional Polling Location Exhibit 4 Presentation Exhibit 5 Map of Proposed Election Day Polling Locations Respectfully submitted: Rachel Wood Chief of Staff Voter Districts 1011 2164 WESTGATE DR 1009 288 ST 1010 North Branch 2 428 Library 1012 77 4005 £ ¤ 3 North Lakes 4006 Recreation Center 4040 2 380 £ ¤ 35 § ¨¦ 380 £ ¤ 4008 LATTIMORE ST 4009 4007 4038 77 £ ¤ 1013 4010 DISD 35E E HICKORY ST 2 §¦¨ 426 W SYCAMORE ST 1 4045 4013 Martin Luther 1King, Jr. 4004 4039 Rec. Center 288 ST 1515 4014 4011 77 £ ¤ 1014 4037 Denia 35W § ¨¦ Recreation Center 4012 4 1015 377 £ ¤ 4015 35E §¦¨ 2181 3 TEASLEY LN 4003 4041 Pecan Creek 1039 4 Fire 1 Station #7 1018 3 1017 1024 1038 L.A. Nelson 1830 4 40441016 1023 1046 1020 1019 1022 ALLRED RD 4017 00.250.51 Miles Polling LocationsDistrict 1COD µ Voter PrecinctsDistrict 2ETJ Division 1 District 3 District 4 Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-503,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:AnimalShelter AdvisoryCommittee;CommitteeonPersonswithDisabilities;Health&BuildingStandardsCommission; Public Art Committee; and Traffic Safety Commission. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office DCM: Bryan Langley DATE: March 5, 2019 SUBJECT Consider nominations/appointments to the City’s Boards, Commissions, and Committees: Animal Shelter Advisory Committee; Committee on Persons with Disabilities; Health & Building Standards Commission; Public Art Committee; and Traffic Safety Commission. BACKGROUND Exhibit 2 includes the vacancies for Boards, Commissions, and Committees along with nominations Council has submitted for consideration. Nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Rachel Wood Interim City Secretary BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA18-0008c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceregardingaproposedrevisiontotheDenton DevelopmentCode;specificallytoamendSubchapters13and17relatedtotreepreservation,landscape standards,andenvironmentallysensitiveareastandards;providingforapenaltyinthemaximumamountof $2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.(DCA18-0008, ConservationandLandscapeCode,HayleyZagurski).THISITEMHASBEENPOSTPONEDTOTHE MARCH 19, 2019 CITY COUNCIL MEETING. City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to amend Subchapters 13 and 17 related to tree preservation, landscape standards, and environmentally sensitive area standards; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (DCA18-0008, Conservation and Landscape Code, Hayley Zagurski). THIS ITEM HAS BEEN POSTPONED TO THE MARCH 19, 2019 CITY COUNCIL MEETING. BACKGROUND The request was for consideration of the draft consolidated Conservation and Landscape Code. This draft has undergone multiple revisions over the last year, and the various drafts have been discussed with the Council, Planning and Zoning Commission, and Committee on the Environment over the course of many meetings. This request was presented to the Planning and Zoning Commission at a public hearing on February 20, 2019. At this public hearing staff informed that Commission that many aspects of the proposed regulations are still being actively discussed with stakeholders such as the local development community. In order to allow additional time for staff to respond to and incorporate much of this feedback and to finalize the draft, the Planning and Zoning Commission voted \[7-0\] to continue this item to the March 6, 2019 Planning and Zoning Commission meeting. Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z19-0001a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,effectingachangein thezoningdistrictanduseclassificationfromNeighborhoodResidential4(NR-4)toNeighborhoodResidential MixedUse(NRMU)zoningdistrictanduseclassificationonapproximately0.82acresofland,generally locatedonthenorthsideofRobertsonStreet,approximately300feeteastofSkinnerStreetintheCityof Denton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandestablishing aneffectivedate.ThePlanningandZoningCommissionvoted7-0toapprovetherequest.(Z19-0001,SweetY, Ron Menguita) City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ Planning Staff Analysis Z19-0001 – Sweet Y City Council District 1 March 5, 2019 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding a request by Redmon Ebony Inc. for a change in the zoning district and use classification from Neighborhood Residential 4 (NR-4) to Neighborhood Residential Mixed Use (NRMU) zoning district and use classification on approximately 0.82 acres of land. The subject property is generally located on the north side of Robertson Street, approximately 300 feet east of Skinner Street in the City of Denton, Denton County, Texas. OWNER: Redmon Ebony Inc. APPLICANT: Tammy Bradley BACKGROUND: The applicant Tammy Bradley on behalf of the property owner Redmon Ebony Inc. is requesting a zoning change from a NR-4 to a NRMU Zoning District to allow for a restaurant. Restaurant is not a permitted use in the NR-4 Zoning District and was not permitted under the previous SF-7 Zoning District under the 1991 zoning ordinances. Although a restaurant was in operation in the 1950’s, there are no recent records indicating the use has never been permitted. As a result, the use is not considered a special exception or nonconforming. Therefore, the restaurant use can be permitted until the property’s zoning designation is changed. In February 1996, the property owner applied for a CO for a restaurant and was denied. At the time the property owner was informed that a zoning change was required to allow a restaurant use. Instead the property owner applied for a Zoning Board of Adjustment (ZBA) variance. Instead of a restaurant use the ZBA granted a variance to allow the property owner to use the residential structure on 511 Robertson Street as a commercial kitchen with no food sales or service onsite. A copy of the minutes of the ZBA meeting is attached as Exhibit 10. After the variance was granted the following subsequent submittals and applications were considered: 1996 – A Touch of Que obtained a CO for the use of Food Preparation. 2002 – A permit was obtained to install a new roof (Permit 0212-0345) 2003 - Commercial alteration permit secured for a catering establishment (Permit 0309- 0203) 2008 - Sweet Y Café & Catering obtained a CO for the use of Catering (Permit 0811- 0098) 2015 - Dorothy’s Kitchen Table obtained a CO for a restaurant (Permit 1505-0567). This was approved in error, citing ZBA-96-002 as giving the property nonconformity. ZBA- 96-002 only allowed the occupant to cook the food at 511 Robertson and transport the food offsite for sale. February 2017 - Dorothy’s Kitchen Table disconnected utility service at this address. June 2018 - Sweet Wye was approved for a CO and CO fees was paid, but no inspections were scheduled, and no CO was issued. In the Planning notes, it ZBA-96-002 was referenced, instructing the applicant that “food can be cooked onsite, however, no sales of food onsite.” September 2018 – Tammy Bradley (Clara’s Kitchen) applied for a CO for a restaurant, but the CO was denied because the restaurant use is not an allowed use in the NR-4 Zoning District. December 10, 2018 – Staff met with the applicant and discussed 511 Robertson Street. At the meeting it was decided that a zoning change request to NRMU was required. January 11, 2019 – Staff met with the applicant and discussed 511 Robertson Street. At the meeting it was determined that Special Exception was not an option to allow the restaurant and it was decided that a zoning change request to NRMU was required. January 28, 2019 – Staff met with the applicant and discussed fees related to the zoning change request. At the meeting it was decided that the applicant will be required to pay fees. According to the applicant, through oral and archival history 511 Robertson was identified as a restaurant in the 1930’s. In addition, according to the applicant during the late 1950’s Sweet Y Shop Restaurant was in operation and later closed sometime in the 1960’s. The next file on record was the CO application by the property for a restaurant in 1996. The City does not have any CO records between the 1960’s and 1996. In 2002 the city approved a city-wide rezoning and zoned the subject property as NR-4. According to the applicant, the property owner (Raymond Redmon) tried to change the zoning of the property in 2002 to allow for a restaurant but was unsuccessful. In his continued efforts to change the zoning of his property, Mr. Redmon attended one of the Denton Development Code and Draft Zoning Map Update public open houses in 2018 and shared his request to change the zoning of his property again. Staff collected his input and recorded added it to a Comment Spreadsheet for staff to review, present and later have the City Council consider. The applicant and property owner debated if they should wait for the outcome of the Denton Development Code and Draft Zoning Map Update, in hopes that the subject property would be rezoned as part of the city-wide rezoning to allow for a restaurant. In the end, because of the uncertainty of when the city-wide rezoning would occur they choose to move forward with the zoning change application. In 1999, the Council adopted The Denton Plan 1999-2020 as a new comprehensive plan, in anticipation of the later city-wide rezoning in 2002. For the first time, this comprehensive plan recognized the value of moving away from rigid Euclidean separation of suburban uses and toward a more urban model of mixed uses and walkable communities, particularly in the downtown core and neighborhood centers - balancing residential and non-residential uses, such that essential services are close to residential areas. The first policy articulated was a recognition that diversity brings strength, but that existing neighborhoods should be preserved. When the Denton Development Code and the city-wide rezoning that accompanied it was adopted in 2002, the subject property was never identified as a commercial property and consequently given an NR-4 Zoning District. It is important to note that prior to 2002 a few lots to the west adjacent to Skinner Street were zoned as General Retail, which allows for commercial uses including restaurants. With the city-wide rezoning in 2002 the lots that were zoned as General Retail were given a NRMU Zoning District, similar to the District being requested for the subject property. There is a possibility that the area could become a focus area, with a mix of uses with neighborhood serving uses. Within the focus area there is currently a prominent non-residential land use - the Fred Moore Learning Center. SITE DATA: The subject property is located in Southeast Denton and is part of the Alex Robertson Addition. The Alex Robertson Addition is currently developed with primarily single-family dwellings at a density of approximately 4 units per acre. The subject property includes four adjacent lots totaling approximately 0.82 acres of land that is developed with two residential structures, one occupied as a single-family dwelling unit (515 Robertson) and the other is occupied as a catering establishment (511 Robertson). The other two lots (509 Robertson and 621 Maddox) are undeveloped – used for parking and storage. There appears to be three parking spaces at 509 Robertson. It is presumed that the three parking spaces serve the adjacent catering establishment at 511 Robertson. Three additional parking spaces are provided at 511 Robertson. A total of six customer parking spaces are existing. No parking is allowed on Robertson Street. According to the Denton County Appraisal District, the structure occupied as a single-family dwelling unit was built in 1940. The other residential structure occupied as a catering establishment did not have any information available on the Denton County Appraisal District website. Floodplain and Environmental Sensitive Areas are located to the north, not within the subject property. The Storm Water Channel to the north was reconstructed several years ago. The subject property has approximately 170 feet of frontage on Robertson Street to the south. Robertson Street is classified as a Collector Street on the Mobility Plan. In addition, the subject property has approximately 200 feet of frontage along a city owned property to the west of the property. It appears that the property was a previous connection to Maddox Street to the north. Maddox Street north the Channel has been converted into a cul-de-sac. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Neighborhood Zoning: Neighborhood Zoning: Neighborhood Residential 4 (NR-4) District Residential 4 (NR-4) District Residential 4 (NR-4) District Use: City owned property and Uses: Undeveloped land and Use: Undeveloped land and Undeveloped landCity Storm Water ChannelRailroad West:East: Zoning: Neighborhood Zoning: Neighborhood Residential 4 (NR-4) District Residential 4 (NR-4) District SUBJECT PROPERTY Use: City owned property and Use: Residential (Single- dy Dwelling) and Railroad Undeveloped lanfamil Southwest: South: Southeast: Zoning: Neighborhood Zoning: Neighborhood Zoning: Neighborhood Residential 4 (NR-4) District Residential 3 (NR-3) District Residential 3 (NR-3) District Use: Undeveloped land and Use: School (Fred Moore Use: School (Fred Moore Residential (Single-family Learning Center) Learning Center) and Railroad Dwelling) CONSIDERATIONS: 1. Section 35.3.4.B of the DDC provides the following criteria for approval of rezoning request: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. Per the Denton Plan 2030 Future Land Use map, the subject property is designated as Residential – Low Density (up to 4 dwelling units per acre). This category includes the city’s predominantly single-family neighborhoods, with lot sizes ranging from 1 (one) acre or more in rural fringe areas up to four units per acre gross density throughout many of the city’s suburban subdivisions. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately-maintained tree canopy and front, back and side yards. Building and driveway orientation, the locations of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally, these types of single-family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. The density and scale of the proposed NRMU Zoning District does not conform to the Future Land Use designation of Residential – Low Density. The NRMU District permits more commercial and intense residential uses compared to the NR-4 District. The general regulations for NRMU are less restrictive allowing a lower minimum lot area and less setback distances. The maximum density in the NRMU is 30 dwelling units per acre, while NR-4 has a maximum density of 4 dwelling units per acre. The maximum building height in the NRMU is 65 feet, while NR-4 has a maximum building height of 40 feet. Refer to Exhibit 14 - Comparative Use Table for more information and details on permitted uses and general regulations under the NRMU and NR-4 Zoning Districts. However, the Future Land Use Element of the Denton Plan 2030 does also specify that new development in the Residential – Low Density designation should be organized to promote walkability, access to parks, open space, and recreation amenities and ideally should locate all residences within a five to ten- minute walking distance from neighborhood-serving retail and other amenities such as parks and school facilities. It can be reasonably inferred that a sit down only restaurant is a neighborhood-serving business that will serve the community. Additionally, the Future Land Use Element of the Denton Plan 2030 does also specify the character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form. It should be noted that although the proposed NRMU Zoning District allows a higher density and scale, restaurants are permitted in the NRMU with a limitation L(11). The limitation states restaurants are limited to sit down only, and no drive-up service permitted. Limited to no more than 100 seats and nor more than 4,000 square feet of restaurant area. This limitation ensures that the expansion of or the development of a new restaurant is in scale and form with the area. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. Water, sewer, and roadway access are available to the subject property. The existing residential structure occupied as a catering establishment is currently served by City utilities. The expansion of or the redevelopment of the four lots is not expected to have any negative impact on public infrastructure. 2. When a rezoning request does not conform to the Future Land Use Element or designation, there are additional criteria provided in Section 35.3.3.B.3 that can be further analyzed. The following criteria are intended to analyze the competing interests of public health, safety, morals, and general welfare against the right to use a property: a.The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations. The Alex Robertson Addition area in Southeast Denton is primarily developed with single-family residences. Fred Moore Learning Center is located to the south of the subject property, and there are NRMU Zoning Districts located a few lots to the west of the subject property along Robertson Street. There is a possibility that the area could become a focus area, with a mix of uses that are neighborhood serving uses. Within the focus area there is currently a prominent non-residential land use - the Fred Moore Learning Center. Additionally, the use of the property as a restaurant date back to the 1950’s. b.The possible creation of an isolated district unrelated to adjacent and nearby districts. The rezoning of the subject property to NRMU Zoning District would create an isolated pocket of NRMU within a NR-4 area. In zoning case law, there is a “multi-factor” test that is often applied to evaluate the legitimacy of such a circumstance. These factors vary, but often include: the size of the rezoned parcel, whether the rezoning served a public need, purpose, or the general public welfare, whether it is compatible with the surrounding area, and whether it is consistent with the comprehensive plan. Again, recognize that State law measures consistency against the comprehensive plan as a whole. In this case, the subject property is under one-acre in size but consists of multiple lots. The expansion of or revitalization of the property will need to be in accordance with DDC regulations for buffering and landscape screening to reduce impacts to surrounding residential properties. In terms of serving the public need, it can reasonably be inferred that rezoning the property to NRMU to allow a mix of uses would be in the public’s interest because this would provide neighborhood-serving uses that would benefit the community. c.The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. A rezoning to a NRMU Zoning District could have substantial impacts on the population density of the area since the NRMU District permits up to 30 dwelling units per acre as opposed to the NR-4 District that permits up to 4 dwelling units per acre maximum. There is a possibility that the area could become a focus area, with a mix of uses that are neighborhood serving uses. Within the focus area there is currently a prominent non-residential land use - the Fred Moore Learning Center. d.The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures. Necessary public infrastructure already exists in the area, and the proposed restaurant is not anticipated to incur any costs to the City for utilities, schools, or streets. Any additional right-of-way dedication or improvements to the sidewalks in this area will be determined during any amending plat process. e.The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. There are no floodplain or environmentally sensitive areas on the subject property. The proposed rezoning is not expected to generate any negative floodplain and environmental impacts. Drainage and erosion control plans will be reviewed by staff as a part of any building permit process to expand or redevelop the area. f.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map. Although the four lots could be developed with single-family residences in accordance with the current NR-4 zoning and the Low Density Residential Future Land Use Designation, the current owner is interested in legally establishing the use of the property and revitalize the area. In 1996 the property owner obtained a CO for an existing structure on 511 Robertson to allow for a catering establishment. Additionally, the use of the property as a restaurant date back to the 1950’s. g.The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. The existing catering establishment is an established use that appears to be an integral part of the character of the Alex Robertson neighborhood. According to the applicant, Fred Moore High School and area serves as a one of the focal points in Southeast Denton. Given the unique history of the area, a rezoning to NRMU to allow a restaurant is suitable so long as the focus area is comprehensively rezoned to allow similar uses. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 18 notices were sent to property owners within 200 feet of the subject property, 84 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and a sign was placed on the property. As of the writing of this report no response in opposition, neutral or in favor has been received from property owners within 200 feet of the subject property. J.Hold a public hearing and consider making a recommendation to City Council regarding a request by Redmon Ebony Inc. for a change in the zoning district and use classification from Neighborhood Residential 4 (NR-4) to Neighborhood Residential Mixed Use (NRMU) zoning district and use classification on approximately 0.82 acres of land. The subject property is generally located on the north side of Robertson Street, approximately 300 feet east of Skinner Street in the City of Denton, Denton County, Texas. (Z19-0001, Sweet Y, Ron Menguita). Chair Rozell opened the Public Hearing. Ron Menguita, Principal Planner, presented Public Hearing item 3J. Menguita stated the request is for a zoing change from Neighborhood Residential 4 (NR-4) to a Neighborhood Residential Mixed Use (NRMU). Mengita stated staff does recommend approval of the zoning change request. Commissioner Smith questioned why staff is not recommending any overlay restrictions. Menguita stated staff felt there was no need for overlay restrictions and if there were issues regarding the height they would be addressed with the development standards. Commissioner Beck questioned why the home next door is included in the rezoning, Menguita stated the property owner is requesting to rezone all four lots that could potentially be used as storage for the restaurant. Commissioner Pruneda stated he is for allowing the use, but is nervous to agree with the zoning change, but likes the idea to add an overlay and wants to make sure the character of the area is preserved. Commissioner Sanchez stated the neighborhood needs to be remembered for its history and bringing back part of the history will help. Commissioner Ellis stated she understands the concerns, but every tract of land has its own set of unique circumstances, this project looks like a revitalization of history and neighborhood services. The following individuals spoke during the Public Hearing: Tammy Bradley, 729 Alexander St, Denton, Texas 76205. Supports the request. Ray Redmon 724 Morse Street, Denton, Texas 76205. Supports the request. Mary B. Wright, 2745 Mill Pond Rd, Denton, Texas 76209. Supports the request. George Ferrie, 2932 Stockton Street, Denton, Texas 76209. Supports the request. Jennifer Lane, 1526 Willowword Street, Denton, Texas 76205. Supports the request. Chair Rozell closed the Public Hearing. Commissioner Smith made a motion to approve the zoning change with the following condition to restrict the use of the NRMU area to restaurant use only. Commissioner Beck seconded. Commissioner Pruneda questioned the property owner if by placing the overlay would be impeding any future plans. Redmon the property owner stated it should not impede. Chair Rozell requested Commissioner Smith to remove the amendment. Commissioner Smith denied the request. Chair Andrew Rozell motioned, Commissioner Jason Cole seconded to make the amended motion to rezone from NR-4 to NRMU with no conditions the primary motion. Motion approved (6-1). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie Ellis "aye". Commissioner Tim Smith "nay". Chair Andrew Rozell motioned, Commissioner Jason Cole seconded to approve Public Hearing 3J with no conditions. Motion Approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". {ʹ\[ĻŭğƌhǒƩ 5ƚĭǒƒĻƓƷƭhƩķźƓğƓĭĻƭЊВЊВΏЉЉЉЊ͵ķƚĭǣ ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, EFFECTING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 0.82 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF ROBERTSON STREET, APPROXIMATELY 300 FEET EAST OF SKINNER STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z19-0001) WHEREAS, Redmon Ebony Inc, has applied for a zoning change on approximately 0.82 acres of land legally described as Block 4, Lots 2, 3, 4, and 5 of the Alex Robertson Addition, and depicted WHEREAS, on February 20, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and after holding full and fair hearings to all citizens and property owners interested in this regard, recommended approval (7-0) of the change in zoning district and use classification; and WHEREAS, on March 5, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the Property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Neighborhood Residential 4 (NR-4) to the Neighborhood Residential Mixed Use (NRMU) zoning district and use classification. SECTION 3. The City official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the remaining provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law, and the provisions of the those ordinances and codes in effect when the offense was committed, and the former law is continued in effect for this limited purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this, the _________ day of ___________________, 2019. CHRIS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. Exhibit A Z19-0001 Site Location WILSON 050100200 Feet SITE µ Parcels Roads Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Skinner Z19-0001 Site Location WILSON 050100200 Feet SITE µ Parcels Roads Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0001 Future Land Use Map Downtown Denton Parks Downtown / Open Compatibility Space Area Low Residential 0100200400 Feet SITECommunity Mixed Use Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Downtown Denton Roads Downtown Compatibility Area Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0001 Existing Zoning Map DC-G NR-4 WILSON NRMU NR-3 050100200 Feet SITEDC-GNR-4 µ NR-3NRMU Parcels Roads Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z19-0001 Proposed Zoning Map DC-G NR-4 WILSON NRMU NR-3 050100200 Feet SITEDC-GNR-4 µ NR-3NRMU Parcels Roads Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Comparative Use Table Residential Land Use Categories Residential Land Use Categories NR-4 NRMU Accessory Dwelling UnitsSUPN AgricultureP P Attached Single-family DwellingsSUP L(40) Community Homes For the DisabledP P DormitoryNSUP DuplexesL(3)N Dwellings Above BusinessesNP Fraternity or Sorority HouseNSUP Group HomesNSUP LivestockL(7) L(7) Live/Work UnitsNP Manufactured Housing DevelopmentsNN Multi-Family DwellingsNSUP L(4) Single-family DwellingsP N P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 L(3) = In part of a subdivision of two (2) acres or more, up to two (2) units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). Commercial Land Use Categories Commercial Land Use Categories NR-4 NRMU Administrative or Research Facilities N L(14) Auto and RV Sales NN BarN L(11) Bed and Breakfast NP Broadcasting of Production Studio N L(14) Commercial Parking Lots NN Drive-through FacilityN SUP Equestrian Facilities NN Home Occupation P P Hotels N P Indoor Recreation NN Laundry Facilities NP Major Event Entertainment NN Medical Office NL(17) Motels NN Movie Theaters NN Outdoor Recreation PSUP Private Club N L(11) Professional Services and Offices NL(17) Quick Vehicle ServicingN SUP Restaurant N L(11) Retail Sales and Service NL(17) Sale of Products Grown on Site NN Self-service StorageNN Sexually Oriented Business NN Temporary Uses L(38) L(38) Vehicle Repair NN P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(17) = Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(38) = Must meet the requirements of Section 35.12.9. Industrial Land Use Categories Industrial Land Use Categories NR-4 NRMU Bakeries N L(21) Compressor Stations NN Construction Materials Sales NN Craft Alcohol Production N SUP Distribution Center/Warehouse, General NN Feed Lots NN Food ProcessingNN Gas Wells L(27) L(27) Heavy ManufacturingNN Junk Yards and Auto WreckingNN Kennels NN Light ManufacturingNN Manufacture of Non-odoriferous Foods NN Printing/PublishingNN Sanitary Landfills, Commercial Incinerators, Transfer N N Stations Veterinary Clinics N P Warehouse, Retail NN Wholesale Nurseries NN Wholesale Sales NN Wrecker Services and Impound Lots NN P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 L(21) = Bakery and bottling areas not to exceed two thousand five hundred (2,500) square feet. Sales on premises of products produced required in this zone. L(27) = Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. Institutional Land Use Categories Institutional Land Use Categories NR-4 NRMU Adult or Child Day Care SUP P Basic Utilities L(25) L(25) Business/Trade School N L(14) Cemeteries NN Churches P P CollegesNN Community Service NP Conference/Convention Center NN Elderly HousingNP Electric Substations and Switch Stations L(43) L(43) High School N SUP Hospital Services NN Kindergarten, Elementary School SUP P Medical Clinic N SUP Middle School NP Mortuaries NN Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges SUPP WECS (Building-mounted) SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(25) = If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: 1. The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the applicable design standards identified in Subchapter 24 shall be submitted. General Regulations The following limits apply to subdivision of two (2) acres or less: General Regulations NR-4NRMU Minimum lot area (square feet) 7,000 2,500 Minimum lot width 50 feet 20 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 10 feetL(2)None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None The following limits apply to subdivision of more than two (2) acres in lieu of minimum lot size and dimension requirements: General Regulations NR-4NRMU Maximum density, dwelling units per acre 430 Minimum side yard for non-attached buildings 5feet 12 feet The following limits apply to all buildings: General NR-4 NRMU Regulations Maximum lot 60% 80% coverage Minimum landscaped 40% 20% area Maximum 40 feet 65 feet building height Maximum 55 feet 75 feet WECS height 10 feet plus 20 feet plus 1 foot for 1 foot for Minimum yard each foot of each foot of when abutting building building a single-family height height use or district above 20 above 20 feetfeet A Dream Deferred: Narrative of the Restaurant at 511 Robertson familiarity. This "Wait" has almost always meant "Never." We must come to see, with one of our Letter from Birmingham Jail -American community after Quakerto-class Quakertown community and African-American business district was displaced by a KKK-influenced city government and forced to pick up the pieces and rebuild on the other side of the tracks. This exodus, which gained white Dentonites a lovely park, deprived Black Dentonites not only of their homes but also of their businesses, including restaurants and cafes. -lasting. With the departure of most Quaker businessmen, the community lost its leaders with the vision and 511 Robertson was part of that slow rebuilding. As late as 2019, that property still has yet to be recognized by the city for what it is now and has always been since segregation times (when it was by most accounts the only restaurant in town Black folks were allowed to patronize): a sit- down restaurant --with a commercial kitchen, commercial parking lot, counter, seating area, 2 side-by-side restrooms with no tub or shower, and an in-ground professional grease trap. Directly across the street is the Fred Moore School, which used to be the Frederick Douglas School until it fell victim to arson. 511 Robertson was never physically burnt down, but was instead held back by the obstacles of segregation and discriminatory zoning. For decades, this pattern and practice of discriminatory zoning consistently refused to recognize the family restaurant for what it was and still is, labelling it instead as a residence with catering, condemned to operate illegally as an open secret, like a Prohibition era speakeasy or brothel. Being the I,Tammy Bradley, believe the time of waiting for justice and recognition is over. I started a petition to plead for the C.O. and zoning change, and received over 550 community and online signatures in support of the zoning justice I am seeking from you today. For Cl businesses Feb. 1996: Touch of Que applied for a CO and was denied March 1996: ZBA ruled that a commercial kitchen could operate but no food sales on site. March 1996: Touch of Que issued CO limited to Food Preparation 2003: Commercial alteration permit secured for a catering establishment (permit 0309-0203) Feb 2006: Touch of Que appealed decision to Zoning Board of Adjustment 2008: Sweet Y Café & Catering obtained a CO (permit 0811-0098) citing ZBA-96-002 as giving the property nonconformity. (ZBA-96-002 only allowed the occupant to COOK the food at 511 Robertson and transport the food offsite for sale). June 2018: Sweet Wye was approved for a CO and CO fee was paid, but no inspections were scheduled and no CO was issued. In the Planning notes, it ZBA-96-002 was referenced, which was initially approved then shortly thereafter the CO was denied for a restaurant. Applicant was notified that it could operate as a commercial kitchen with no food sales onsite or apply for a rezoning of the property. However in order to operate as a commercial kitchen one must acquire specific permits which are only included in the declined CO 2019: Zoning justice? Please end the pattern of discriminatory zoning now. Don't prolong justice any longer for 511 Robertson and the community it has fed and uplifted since segregation times, over and against all odds. Please vote to recognize this location for the restaurant it has always been. Don't make the mistake of perceiving the 1996 catering C.O. as a legitimate obstacle to the justice being sought here today with this zoning change; see it instead for what it is: a symptom of the longstanding zoning injustice you have the power to resolve. Please choose to be on the right side of history by calling a spade a spade and a restaurant a restaurant. he injustices that brought them before you here today. Yes, the city will soon be rezoning and updating the codes at no charge to the businesses and residences affected, but please don't ask 511 Robertson to wait until that unspecified near-future date to receive the simple justice that is their due. Please don't make them wait any longer for their long-overdue zoning justice. As a wise Z19-0001 Notification Map PARK 0100200400 Feet SITE µ Parcels Roads Date: 1/31/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:AESA18-0003a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingan AlternativeEnvironmentalSensitiveAreaPlanforapproximately45acresofland,generallylocatedonthe southsideofRyanRoad,approximately600feetwestofRoxburyStreetintheCityofDenton,DentonCounty, Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingaseverability;andestablishinganeffectivedate.The PlanningandZoningCommissionvoted6-0toapprovetherequestwithconditions.(AESA18-0003,Good Samaritan East Tract, Ron Menguita) City of DentonPage 1 of 1Printed on 3/1/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: March 5, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an Alternative Environmental Sensitive Area Plan for approximately 45 acres of land, generally located on the south side of Ryan Road, approximately 600 feet west of Roxbury Street in the City of Denton, Denton County, Texas; adopting an amendment to the city’s official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability; and establishing an effective date. The Planning and Zoning Commission voted 6-0 to approve the request with conditions. (AESA18- 0003, Good Samaritan East Tract, Ron Menguita) BACKGROUND The applicant is proposing an AESA Plan to allow for a road crossing across an existing Riparian Stream Buffer for the purpose of developing a single-family detached dwelling development. The AESA Plan requires two public hearings, the first at the Planning and Zoning Commission for a recommendation and the second at the City Council for ultimate approval. The AESA Plan is required to be approved by City Council prior to a final plat being approved. In addition to the AESA Plan, staff has reviewed a Preliminary Plat (PP18-0018) associated with a proposed single-family detached dwelling development. The Preliminary Plat has been approved by staff and by the Planning and Zoning Commission. Please note that the Preliminary Plat can be considered by the Planning and Zoning Commission prior to the approval of the AESA Plan. To ensure that the AESA Plan and the Preliminary Plat will be consistent, staff has requested, and the applicant has added the following note on the Preliminary Plat, refer to Exhibit 7: Please note that approval of this Preliminary Plat is contingent upon either a subsequent or contemporaneous approval of an Alternative Environmentally Sensitive Area (AESA) Plan that is consistent with the environmentally sensitive areas and mitigation measures identified on this Preliminary Plat. Such approval of an AESA must be obtained before an application for the final plat is filed with the City. The final plat must substantially conform to this preliminary plat and meet all necessary requirements, or a new preliminary plat must be filed. Denial of the AESA Plan will result in the need to file a new Preliminary Plat that conforms with the technical requirements of the City of Denton. An Environmental Sensitive Area (ESA) field assessment (ESA18-0012) confirmed the presence of Cross Timber upland habitat and two riparian buffers on the property. Lots 1-X and 17-X of the Preliminary Plat encompass stream channels (an unnamed ephemeral stream in the northwest corner and Fletcher’s Branch Tributary No. 4). The AESA Plan is for the purpose of deviating from the Riparian Buffer ESA requirements. All of the ESA areas are shown on the ESA Map, refer to Exhibit 4. For the purpose of constructing roadway improvements that will cross Fletcher’s Branch Tributary No. 4 and associated utilities, the applicant is proposing to remove a segment 100 feet long (10,000 sq.ft. area) of riparian buffer. The applicant has proposed multiple mitigation strategies in exchange for the removal of protected area, including the removal of Chinese Privet and Callery Pear, invasive plant species; the planting of native species throughout the riparian stream buffer to replace the invasive understory; and preserve an additional 1.25 acres of Cross Timbers upland habitat and an additional 5.5 acres of tree canopy cover beyond the minimum City of Denton requirements for preservation. A full Staff Analysis of the requested AESA Plan is provided in Exhibit 2. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval of the request with staff’s conditions (6-0). Staff recommends approval of this request with the following conditions: 1. 11.5 acres of existing Cross Timbers Upland Habitat and 11.7 acres of tree canopy will be preserved. 2. Encroachment into the Riparian Buffer ESA will be limited to 10,000 square feet. 3. Invasive species within the Fletcher Branch Tributary No. 4 Riparian Buffer ESA, specifically Chinese Privet and Callery Pear, shall be removed. 4. Revegetation of areas disturbed by invasive species removal with the native plants provided in Table 3 of the Alternative ESA Plan and ground cover seeding of Riparian Restoration mix will commence prior to the first building permit. 5. Annual reporting during the first three years describing the cumulative mitigation work performed and the survivability of the plantings shall be submitted for staff review and inspection. 6. Plants installed as a part of the proposed native flora revegetation are to be installed and maintained by the current property owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the current property owner/developer. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned Neighborhood Residential 6 (NR-6) as part of the 2002 city-wide rezoning. February 6, 2019 – Planning and Zoning Commission Public Hearing EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Environmental Sensitive Area (ESA) Map 5. Alternative Environmental Sensitive Area (AESA) Plan 6. Applicant Project Narrative 7. Preliminary Plat 8. Notification Map 9. Community Participation Report #1 10. Community Participation Report #2 11. Public Hearing Notice Responses 12. February 6, 2019 – Planning and Zoning Commission Draft Minutes 13. Draft Ordinance 14. Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner Christi Upton Environmental Compliance Coordinator Good Samaritan East Tract Neighborhood Meeting City of Denton Project No. AESA18-0003 Date: January 31, 2019 Time: 5:30-7:30 Type of Meeting: Neighborhood Meeting Meeting Location: Denton Country Club, 1213 Country Club Rd, Denton, TX 76226 Invitees: All property owners located within 500-feet of the subject tract. Applicant Representatives: 1.Thomas Fletcher, Kimley-Horn, Main Presenter 2.Brad Shelton, VS Development, Owner Represenative 3.Brandon Lawing, Kimley-Horn City Representatives: 1.Deborah Viera, Environmental Services 2.Christi Upton, Environmental Services 3.John Ryan, Denton City Council, District 4 Meeting Agenda: A sign-in sheet was provided (attached) to document attendance. There were seven names on the sign-in sheet. As residents gathered, I gave an overview of the what had transpired since the initial neighborhood meeting. Some of the items covered/updated included the following: After the initial neighborhood meeting, a meeting was held with VS Development, Kimley- Horn, and City Staff. The meeting included DRC Engineering and Planning personnel from the City (Todd Estes, Pritam Deshmukh, and Ron Menguita). The purpose of the meeting was to discuss access to the site and whether the connection to Hollister Lane could be eliminated if AESA18-0003 is approved. City Staff agreed that with the connection to Ryan Road (secondary arterial) and Creekdale Drive (Collector), the connection/extension of Hollister Lane wasn’t necessary since the layout still meets the Fire Department remote access requirements. City Staff stipulated that to eliminate the connection of Hollister Lane, the Hollister Lane stub in Forest Meadow would need to be modified so it does not appear like it was intended to be extended. This was acceptable to the Developer/Owner. The residents in attendance liked this modification and noted that the dead-end street is currently used at times for illegal dumping of trash. I let them know that a trail would be constructed that would provide pedestrian access from Forest Meadow across this development and to Lake Forest Park. They were appreciative of the access to the park and the additional open space that would be created with the removal of the stub for Hollister Lane. They talked about how it provided additional open space and would give kids an area that could be used for recreation. The residents asked for an update for the reconstruction of Ryan Road. Councilman Ryan briefly spoke about the plan for widening Ryan Road and that it was a priority for the City. I shared an estimated time frame for plan preparation, approval, construction, etc. that would put subdivision completion sometime around fall 2020 which would likely mean residents beginning late 2020 or early 2021. I also provided updates on the other surrounding projects in the area. It was an informal meeting and the residents left once the update was completed and their questions were answered. Attachments: The following is included as an attachment to this summary: 1.Neighborhood Meeting Mailer 2.Exhibit A – Vicinity Map 3.Exhibit B – ESA Impact Exhibit 4.Exhibit C – Land Plan with Riparian Crossing (AESA18-0003 approval required) 5.Exhibit D – Land Plan without Riparian Crossing (AESA18-0003 approval not required) 6.Neighborhood Meeting Sign-In Sheet Additional Meetings: It should not be necessary to have additional meetings. I provided my email address for future questions, comments or suggestions. All seven of the attendees were in favor of approval of AESA18-0003. Neighborhood Meeting Good Samaritan East Tract (Map Attached as Exhibit A) Alternative Environmentally Sensitive Area (AESA) Plan, Case No. AESA18-0003 Please join us on Thursday, January 31th, any time between 5:30pm and 7:30pm to hear an update on our proposed single-family residential development at the southeast corner of the Ryan Road and Duffy’s Way intersection. Developer/Land Owner, VS Development, LLC, is proposing to develop the 44.973-acre property located at the southeast corner of the Ryan Road and Duffy’s Way intersection. The property is zoned NR-6 which allows for single family residential development up to 6-units per acre. The proposed development would be just over 3-units per acre which is almost half of what is allowed by right. Why are we hosting a second Neighborhood Meeting? We want to update you on our proposed mitigation plans. Share with you our meeting with the City with regards to the connection to Hollister Lane (most if not all will be glad to hear the City will not be requiring the connection of Hollister Lane! We didn’t want to keep you on the edge of your seat for that bit of good news since this was a major concern at the initial Neighborhood Meeting). Update you on the Public Hearing schedule. o Planning & Zoning on February 6, 2019. o City Council date to be confirmed and shared at the Neighborhood Meeting. Answer any additional questions that you may have. VS Development, LLC will be located at theDenton Country Club (1213 Country Club Road, Denton, TX 76226) to host a brief, informal presentation discussing the items above.Please note that the location for the second meeting is not the same as the initial meeting due to availability of meeting space. In advance of the Neighborhood Meeting, I have included a few exhibits for reference: Exhibit A – Vicinity Map (location of the proposed development) Exhibit B – Proposed AESA Impacts (location of the proposed residential street crossing) Exhibit C – Land Plan with an approved AESA (preferred layout with direct access to Ryan Road for the entire development –updated to remove the Hollister Lane connection) Exhibit D – Land Plan currently allowed without an approved AESA (secondary plan if AESA is not approved. This plan requires primary access to the southern portion of the property through Forest Meadows and Lexington Park.) PRIMARY ENTRY PEDESTRIAN TRAIL BETWEEN FOREST MEADOW & PROPOSED DEVELOPMENT HOLLISTER LANE EXHIBIT C Good Samaritan 5750 Genesis Court EAST TRACT Suite 200 Denton, Texas Frisco, Texas75034 972-335-3580 State of Texas Registration No. F-928 December 2018 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. ACCESS TO RYAN ROAD NORTHERN TRACT HOLLISTER LANE PRIMARY ACCESS TO SOUTHERN TRACT SECONDARY ACCESS TO SOUTHERN TRACT EXHIBIT D Good Samaritan 5750 Genesis Court EAST TRACT Suite 200 Denton, Texas Frisco, Texas75034 972-335-3580 State of Texas Registration No. F-928 December 2018 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. Menguita, Ron P. From:Heather Kay <legatoh@hotmail.com> Sent:Monday, December 17, 2018 8:51 PM To:Menguita, Ron P.; Watts, Chris; Hudspeth, Gerard; Briggs, Keely G; Duff, Don; Ryan, John; Deb Armintor; Paul Meltzer; Wilson, Jamie K; Cannone, Richard D. Subject:Concern Regarding Project AESA18-0003 IamaresidentofForestMeadow,whichwillbeimpactedbytheproposeddevelopmentunderyourproject numberAESA180003.IpreferthatthedevelopergowithoptionCwithdirectaccessfromtheproposed developmenttoRyanRoadwithnoconnectiontothestreetsofForestMeadow.Ourneighborhoodisalready usedashortcutforpeopleattemptingtobypasstrafficandlightsonTeasleyLane,andbecomesaracewayat timesdownRoxburySt.Additionally,withcarsthatparkonMirandaPl.thetraffictryingtogetdownthat streetcanhardlymakeitthrough.IhavevoicedconcernstotheCityregardingthelackofstopsigns,speed bumps,andspeedlimitsignsinourneighborhoodwithnoavail.Byconnectingourneighborhoodtothe proposeddevelopmentourtrafficproblemswillincrease.Thisisaneighborhoodoffamilieswhosekids cannotplayintheirfrontyardsbecauseofpeople'sdisregardforthespeedlimitandothers. IalsopreferthattheCityofDentonceasefutureresidentialdevelopmentuntiltheinfrastructurecatchesup tothegrowththeCityhasseen.RyanRoadisnotsufficienttohandlethetrafficincreasethatwillresultfrom developmentbeingbuiltnexttoThistleHills.Also,W.S.RyanElementaryhad thisnewdevelopmentandthe toturnkidsawaythisschoolyearatregistrationduetosomegradesbeingatcapacity.Howaretheschools goingtohandlethisnewgrowth? haveonthetributarythatruns Iamalsoconcernedwiththeenvironmentalimpactsthenewdevelopmentwill throughthatlandandourneighborhood,aswellastheimpactonthesurroundingwoodlands. Respectfully, HeatherKay (940)2317514 1 Menguita, Ron P. From:Fletcher, Thomas <thomas.fletcher@kimley-horn.com> Sent:Wednesday, January 02, 2019 9:19 AM To:Tori Glazner Cc:Menguita, Ron P. RE: Good Samaritan East Track Subject: GoodmorningTori, Thanksforyourfeedback.IhavecopiedourCaseManagerattheCityofDentonsoyouremailisapartoftheCity record. ItisourdesireandgoaltohavetheprimaryentranceoffRyanRoad.Weappreciateyouropinionanditassistsuswith ourrequestthroughtheCity. Sincerely, Thomas L. Fletcher, P.E. (TX) Kimley-Horn|5750 Genesis Court, Suite 200, Frisco, TX 75034 Direct: 972.731.2186 | Mobile: 972.689.4952 Proud to be one of FORTUNE magazine’s 100 Best Companies to Work For From:ToriGlazner<toriglazner@aol.com> Sent:Saturday,December29,20186:50PM To:Fletcher,Thomas<thomas.fletcher@kimleyhorn.com> Subject:GoodSamaritanEastTrack Hello, My name is Tori Glazner and I am the homeowner of 4216 Fanita Place in Forest Meadow. I was unable to attend the meeting that you had prior to the holidays but I just wanted to shoot you a quick email with my input for what it is worth. I strongly feel that the main entrance to the entire subdivision should be on Ryan Road. I feel that primary access through Forest Meadow and secondary access through Lexington Park would lead to too much congestion in the neighborhoods. The whole neighborhood needs to have access from Ryan. Thank you for your time and consideration. Thank you, Tori Glazner REALTOR® ABR Oliver Team Excellence Keller Williams Realty 2434 Lillian Miller Pkwy Denton, TX 76205 Cell: 940.300.2060 Office: 940.484.9411 Fax: 940.382.2773 toriglazner@aol.com 1 E. Hold a public hearing and consider making a recommendation to City Council regarding a request by VS Development, LLC for an Alternative Environmental Sensitive Area (AESA) Plan to allow for a road crossing across an existing Riparian Stream Buffer for the purpose of developing a single-family detached dwelling development on approximately 45 acres of land. The property is generally located on the south side of Ryan Road, approximately 600 feet west of Roxbury Street in the City of Denton, Denton County, Texas. (AESA18-0003, Good Samaritan East Tract, Ron Menguita) Vice Chair Ellis opened the Public Hearing. Ron Menguita, Principal Planner and Christi Upton, Environmental Compliance Coordinator, presented Public Hearing item 4E. Menguita stated the request is to create an Alternative Environmental Sensitive Area Plan to cross an existing riparian stream buffer. Upton stated the reason for the purposed encroachment is to build a roadway improvement to connect with the northern and southern tracts and the installation of utilities. Upton stated staff does recommend approval of the request with the following conditions: 1.11.5 acres of existing Cross Timbers Upland Habitat and 11.7 acres of tree canopy will be preserved. 2. Encroachment into the Riparian Buffer ESA will be limited to 10,000 square feet. 3. Invasive species within the Fletcher Branch Tributary No. 4 Riparian Buffer ESA, specifically Chinese Privet and Callery Pear, shall be removed. 4. Revegetation of areas disturbed by invasive species removal with the native plants provided in Table 3 of the Alternative ESA Plan and ground cover seeding of Riparian Restoration mix will commence prior to the first building permit. 5. Annual reporting during the first three years describing the cumulative mitigation work performed and the survivability of the plantings shall be submitted for staff review and inspection. 6. Plants installed as a part of the proposed native flora revegetation are to be installed and maintained by the current property owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the current property owner/developer. Vice-Chair Ellis questioned if the pesticide the applicant would be required to use would have to be water friendly. Upton stated because the pesticide would be used within the riparian buffer it would be a requirement to use an aquatic approved chemical. The following individuals spoke regarding this item: Thomas Fletcher, 5750 Genesis Court, Frisco, Texas 75034. Supports the request. Sierra Gibbons, 5750 Genesis Court, Frisco, Texas 75034. Supports the request. Carol Ackerman, 13455 Noel Rd, Dallas, Texas 75240. Supports the request. Joe Kratz, 4109 Rox Bunger, Denton, Texas 76210. Supports the request. Judy Reel, 1424 Montecristo Circle, Denton, Texas 76210. Opposed the request. Vice Chair Ellis read into the record David Bouschor, 217 E Oak Street, Denton, Texas 76201 is in opposition of the request. Thomas Fletcher, the applicant, provided a presentation regarding the site and development. Commissioner Beck questioned the type of herbicide that would be used. Gibbons stated the applicant will be sending out bids for contractors who specialize in the field to provide proposals on what they think is best for a successful removal. Ellis requested staff to address Ryan Road. Richard Cannone, Deputy Director of Development Services, stated the City of Denton is gearing up to do a study on Ryan Road to specifically look at what can be done in the near term as well as come up with preliminary designs. Vice-Chair Ellis closed the public hearing. Commissioner Pruneda motioned with an amendment to limit the chemical herbicide to an aquatic based product as well as staff recommendations. Commissioner Smith seconded the motion. Commissioner Smith questioned if the herbicides have to be aquatic based because they are being used in the riparian buffer. Upton stated that is correct and in order for the applicant to comply with federal regulations the applicant is required to use aquatic base herbicides. Commissioner Pruneda withdrew the herbicide amendment to his current motion. Commissioner Smith agreed to withdrawal the amendment. Commissioner Mat Pruneda motioned, Commissioner Tim Smith seconded to approve Public Hearing 4E with staffs recommendations: 1.11.5 acres of existing Cross Timbers Upland Habitat and 11.7 acres of tree canopy will be preserved. 2. Encroachment into the Riparian Buffer ESA will be limited to 10,000 square feet. 3. Invasive species within the Fletcher Branch Tributary No. 4 Riparian Buffer ESA, specifically Chinese Privet and Callery Pear, shall be removed. 4. Revegetation of areas disturbed by invasive species removal with the native plants provided in Table 3 of the Alternative ESA Plan and ground cover seeding of Riparian Restoration mix will commence prior to the first building permit. 5. Annual reporting during the first three years describing the cumulative mitigation work performed and the survivability of the plantings shall be submitted for staff review and inspection. 6. Plants installed as a part of the proposed native flora revegetation are to be installed and maintained by the current property owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the current property owner/developer. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Commissioner Mat Pruneda "aye", Vice- Chair Margie Ellis "aye", and Commissioner Tim Smith "aye". S:\\Legal\\Our Documents\\Ordinances\\19\\AESA18-0003.docx Exhibit A Legal Description BEING a tract of land situated in the T. Lobar Survey, Abstract No. 779 and N. Britton Survey, Abstract No. 51, Denton County, Texas, and being a portion of Lot 1, Block A, Lake Forest Good Samaritan Village, according to the Final Plat thereof recorded in Cabinet F, Page 36 of the Plat Records of Denton County, Texas, and being a portion of a called 84.897 acre tract of land described as Tract 4 in a deed to The Ev. Lutheran Good Samaritan Society of Sioux Falls, South Dakota, as recorded in Volume 1623, Page 58 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING utheast corner of Lot 1, Block A, Lake Forest Park Addition, according to the plat thereof recorded in Cabinet W, Page 349 of the Plat Records of Denton County, Texas, being on the northerly line of a called 79.519 acre tract of land described in a deed to Endeavor Energy Resources, L.P., as recorded in Instrument No. 2005- 161734 of the Official Records of Denton County, Texas; THENCE North 01°14'50" West, departing the northerly line of said 79.519 acre tract, along the easterly line of said Lot 1, Block A, Lake Forest Park Addition, a distance of 2518.38 feet to a 5/8 inch iron rod -of-way dedicated in Cabinet F, Page 36 of the Plat Records of Denton County, Texas, and on the southerly right- of-way line of Ryan Road, a variable width right-of-way; THENCE along the southerly line of said 25 foot wide right-of-way dedication and the southerly right-of- way line of said Ryan Road, the following courses: South 89°52'29" East, a distance of 167.46 feet to a 5/8 inch iron rod with plastic cap stamped North 89°47'41" East, a distance of 50.60 feet to a 5/8 inch iron rod with plastic cap stamped North 89°28'27" East, a distance of 409.87 feet to a 5/8 inch iron rod with plastic cap stamped -of-way dedication, common to the northerly northeast corner of said Lot 1, Block A, Lake Forest Good Samaritan Village; THENCE South 00°25'03" East, departing the southerly right-of-way line of said Ryan Road and along an easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village, a distance of 223.86 feet to a ell corner of said Lot 1, Block A, Lake Forest Good Samaritan Village; THENCE Village, a distance of 175.82 feet to the southerly northeast corner of said Lot 1, Block A, Lake Forest Good Samaritan Village, being on the westerly line of Forest Meadow, Phase 2, according to the plat thereof recorded in Instrument No. 2014-268 of the Plat Records of Denton County, Texas, from which, a 1/2 inch iron rod found for THENCE South 00°56'55" East, along an easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and along the westerly line of said Forest Meadow, Phase 2, a distance of 1903.03 feet to a 1/2 inch iron rod with plastic cap (illegible) found for the southwest corner of said Forest Meadow, Phase 2, common to the northwest corner of Lexington Park Phase Two, according to the plat thereof recorded in Cabinet V, Page 889 of the Plat Records of Denton County, Texas; THENCE South 01°04'59" East, continuing along the easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and the westerly line of said Lexington Park Phase Two, a distance of 384.57 feet to a 5/8 inch iron rod with plastic ca A, Lake Forest Good Samaritan Village, common to the northeast corner of aforesaid 79.519 acre tract; THENCE South 88°56'13" West, departing the westerly line of said Lexington Park Phase Two, along the southerly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and the northerly line of said 79.519 acre tract, a distance of 789.41 feet to the POINT OF BEGINNING and containing 44.973 acres (1,959,014 square feet) of land, more or less. Exhibit B Alternative ESA Plan Good Samaritan East Tract Alternative Environmentally Sensitive Area (AESA) Report (AESA18-0003) January 2019 For compliance with: City of Denton Environmentally Sensitive Areas Assessment (ESA18-0012 Good Samaritan East Tract) Prepared by: Kimley-Horn and Associates Inc. 5750 Genesis Court, Ste. 200 Frisco, Texas 75034 Prepared for: VS Development LLC. 2925 Country Club Rd., #105 Denton, TX 76210 Table of Contents Introduction and Authority/Purpose and Need for Action .............................................................................. 2 Description of Overall Development .......................................................................................................... 2 Existing Site Description ............................................................................................................................ 2 Riparian Stream Buffer ESA .................................................................................................................. 2 Purpose of AESA ....................................................................................................................................... 2 Notification and Review ................................................................................................................................. 3 Affected Environment and Summary of Impacts........................................................................................... 3 Mitigation Activities ........................................................................................................................................ 4 Invasive Species Removal ........................................................................................................................ 5 Proposed Revegetation ............................................................................................................................. 5 Erosion Control .......................................................................................................................................... 6 Compliance with Authorities .......................................................................................................................... 6 Annual Reporting .......................................................................................................................................... 6 Summary ....................................................................................................................................................... 7 Annual Reporting Contacts ........................................................................................................................... 8 Figures Figure 1 Vicinity Map Figure 2 Riparian Stream Buffers Map Figure 3 ESA Proposed Impacts Map Appendices Appendix 1 Previous ESA Assessment (ESA18-0012) Appendix 2 Tree Survey Data Appendix 3 Approximate Landscape Plan and Examples of Proposed Vegetation Appendix 4 Erosion Control Plans __________________________________________________________________________________________________________________ Good Samaritan East Tract1 AESA Report January 2019 Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates was retained by VS Development LLC. for Civil Engineering and Environmental Services for the Good Samaritan East Tract Development. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Subchapter 35.3.4.5 to request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Report proposes mitigation measures for the impacts that will result in a higher quality proposed AESA while providing the Owner the ability to access and develop the subject tract. Description of Overall Development The proposed Good Samaritan project is 44.973-acres in size located Way and Ryan Road in the City of Denton, Denton County, Texas (Figure 1). It is bound on the north by the south by the future extension of Creekdale Drive. The proposed project includes the construction of a single-family residential development including access roads and associated utilities and infrastructure. The current zoning for this tract is NR-6 which allows a density of 6 units per acre or 269 total units. The proposed development is for 140 total units equivalent to a density of 3.11 units per acre, which is significantly below the allowed zoning. Existing Site Description The project consists of primarily wooded areas with some open areas throughout the site. Kimley-Horn Environmental staff conducted a site visit to the project area on June 7, 2018 to confirm environmentally sensitive areas (ESA) mapped by the City of Denton and to identify aquatic features that would likely be determined to be regulated (jurisdictional) by the U.S. Army Corps of Engineers (Corps). It was determined that there were two likely jurisdictional streams on the property and associated Stream Buffer ESA. Upland Habitat ESA was also identified throughout the study area. In association with the two jurisdictional streams, a 50-foot riparian stream buffer ESA was identified on either side of both streams. The onsite streams and ESAs identified during the site reconnaissance and the previous City mapped ESAs are shown in the ESA Assessment, ESA18-0012, provided in Appendix 1. Riparian Stream Buffer ESA Two likely jurisdictional streams were identified within the study area, an ephemeral stream in the northern portion of the study area. These were both field identified as part of ESA18-0012. The Riparian Stream Buffer ESA surrounding the intermittent stream was previously mapped by the City of Denton; however, the ephemeral Riparian Stream Buffer was not previously mapped. The Riparian Stream Buffer ESAs are shown in Figure 2. Purpose of AESA The purpose of the Alternative Environmentally Sensitive Area Report is to propose mitigation for the impacts to the Riparian Buffer ESA No. 4. The proposed roadway would be a local residential roadway with a 55-foot right-of-way and would connect the north portion on of the subject tract to the southern portion of the subject tract. An 8-foot utility easement adjacent to the right-of-way for franchise utilities is also required. Accounting for the construction of the infrastructure improvements, the impact along the riparian buffer would be limited to one hundred- feet (10 in length along the tributary. Figure 3 shows the proposed impacts to the Riparian Stream Buffer ESA. __________________________________________________________________________________________________________________ Good Samaritan East Tract2 AESA Report January 2019 Additional Project information is available from City of Denton Case Number ESA18-0012 and PP18-0018 within ProjectDox. Notification and Review This AESA Report explaining the mitigation measures for impacts to an ESA will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. A review of the Nationwide Permit program indicates that the NWP 14 Linear Transportation Projects should authorize the proposed crossing and does not require Preconstruction Notification to the Corps. Affected Environment and Summary of Impacts The attached Figure 2 shows the Riparian Stream Buffer ESAs associated with jurisdictional streams identified by Kimley-Horn environmental staff on June 7, 2018. There are two separate areas that are designated as Stream-Riparian Buffer on the subject tract. One, an ephemeral stream, is located in the intermittent stream, which enters the northeast portion of the tract and flows southwest and then west to the western boundary of the tract. There are no proposed impacts to the Riparian Stream Buffer located within the northwest corner of the site. t that will connect the southern portion of the tract with the northern portion. It will also allow the entire tract direct access to Ryan Road to the north and Creekdale Drive to the south. The proposed impacts are limited to one-hundred feet (10023-acres in total. The impacts are associated with the required Right-Of- wide), and construction area needed to construct the three proposed box culverts, headwalls, and rock rip-rap. These are shown on Figure 3 in the attached Figures. The vegetation within the proposed impact area, shown in Figure 3, includes a combination of both native and invasive species. Dominant tree species included post oak (Quercus stellata), pecan (Carya illinoinensis), eastern red cedar (Juniperus virginiana), and cedar elm (Ulmus crossifolia). A limited number of small Osage orange (Maclura pomifera), hackberry (Celtis laevigata), and Mexican plum (Prunus Mexicana) with a DBH less than 6-inches were also observed. A summary of the trees observed within the impact area is shown in Table 1, below. Most of the trees observed within the impact area had a DBH less than 6-inches. A majority of the understory consisted of Chinese privet (Ligustrum sinense) and green briar (Smilax spp.); however, a variety of upland grasses were also observed in patches throughout the impact area. Chinese privet was the dominant understory species, exhibiting 75 to 100 percent cover and having an average density of approximately 8 plants (clumps of stems) per 5-square feet. Representative images of the vegetation within the impact area are shown in Figure 3 and the full survey of observed trees is included in Appendix 2. Table 1. Summary of trees observed within the impact area. Number Average DBH* Smallest DBH* Largest DBH* Number of trees Species of trees (inches) (inches) (inches) >6-inches DBH* Eastern red cedar (Juniperus virginiana) 32 3.6 1 7 4 __________________________________________________________________________________________________________________ Good Samaritan East Tract3 AESA Report January 2019 Table 1. Summary of trees observed within the impact area. (continued) Number Average DBH* Smallest DBH* Largest DBH* Number of trees Species of trees (inches) (inches) (inches) >6-inches DBH* Hackberry (Celtis laevigata) 1 2 - - 0 Post oak (Quercus stellate) 7 7.7 3 18 2 Cedar elm (Ulmus crassifolia) 24 3.8 1 8 2 Mexican plum (Prunus mexicana) 2 2 2 2 0 Osage orange (Maclura pomifera) 1 4 - - 0 Pecan (Carya illinoinensis) 5 13.4 10 18 5 *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. A flood study has been prepared to size the proposed culverts and prevent upstream and downstream . A Downstream Assessment and Floodplain Study has been prepared to determine the size of the proposed culvert crossings and to show no adverse impacts on adjacent properties are expected as a result of the Good Samaritan development. The study found that 3- 4 to pass the 100-year peak flow. No increase in 100-year peak flows are anticipated downstream of the subject property. The Downstream Assessment and Flood Study will be formally submitted to the City of Denton for review, comment, and approval. MitigationActivities Impacts to the Riparian Stream Buffer ESA shown in Figure 2 are minimal and limited to the one residential roadway and associated utilities. No adverse impacts ups Branch Tributary No. 4 are proposed and the flood study referenced above confirms the avoidance of impacts. A contractor will be instructed by VS Development LLC. to remove invasive species through the Riparian Stream Buffer shown in Figure 2 and replant the areas of removed, invasive vegetation with native species appropriate for a riparian stream buffer habitat. The resulting AESA will be higher quality habitat than the existing ESA. The overall Good Samaritan East Tract development is proposing to exceed both the minimum preservation requirement of Upland Habitat ESA and overall tree canopy. The minimum preservation requirement of Upland Habitat is 50%, and 56% of the documented on-Site Upland Habitat is proposed to be preserved. This is equivalent to an additional 1.25-acres of Upland Habitat being preserved beyond what is required. The minimum preservation requirement for the overall tree canopy is 20%, and 38% of the tree canopy is proposed to be preserved. This is equivalent to an additional 5.54-acres of canopy cover being preserved beyond what is required. The areas of preservation are shown in the Appendix 3 and the proposed preservation is summarized in Table 2 below. Table 2. Summary of preservation proposed on overall development. Preservation Minimum Required Amount Proposed Amount Beyond Minimum Required Canopy Cover 6.16-ac (20%) 11.7-ac (38%) 5.54-ac. (18%) Upland Habitat ESA 10.25-ac (50%) 11.5-ac (56%) 1.25-ac (6%) __________________________________________________________________________________________________________________ Good Samaritan East Tract4 AESA Report January 2019 Invasive Species Removal Two woody invasive species were observed within the study area during the site reconnaissance, Chinese privet and Callery pear (Pyrus calleryana). The invasive species will be removed through root pruning and hand clearing within the on-site Riparian Stream Buffer. More specifically, the invasive species will be removed by cutting the stems near the ground and painting the cut stumps with an herbicide. Grubbing While removing the Chinese privet and Callery pear observed within the riparian stream buffer will result in a loss of mid-story canopy cover and understory, the removal of invasive species will also remove competition and allow the planted vegetation to develop into a fully functioning native herbaceous understory and mid-story tree canopy. The ultimate goal of the mitigation is to develop an AESA with higher quality, native habitat that will not need additional maintenance beyond the initial tree plantings and invasive species removal. Proposed Revegetation The developer is proposing to replant the Riparian Stream Buffer (AESA) with native woody plants following the removal of invasive species. A selection of native woody species considered for replanting the AESA is shown in Table 3 below. Table 3. A selection of native woody species considered for planting in the AESA. Habitat Type/Species Common Name Planting Size Projected Projected Plant Type Scientific Name (gallon) Canopy (feet) Height (Feet) Riparian Trees Cercis canadensis Redbud 5 15-20 15-20 Small tree Ilex decidua Deciduous holly 3 6-10 8-12 Large shrub/Small tree Sophora affinis 3 10-20 15-35 Small tree Prunus caroliniana Carolina laurel 3 10-35 15-40 Large shrub/Small cherry tree Prunus mexicana Mexican plum 5 25 25 Small tree/Medium tree Callicarpa Americana American 3 4-6 4-6 Medium shrub beautyberry *Planting size references 5-gallon and 3-gallon plating stock, generally 5-gallon stock will be trees and 3-gallon stock will be shrubs **Projected canopy radius 25 years from planting The species selected are a combination of multiple sized trees and shrubs that will eventually grow to provide multiple vegetative strata and therefore replace wildlife habitat in both the mid-story tree canopy and understory. A Riparian Restoration Seed mix will also be seeded throughout the disturbed stream buffer area to provide a protective ground cover and additional understory strata. The seed mix includes multiple native species including herbaceous species such as Eastern gamagrass (Tripsacum dactyloides), switchgrass (Panicum virgatum), bushy bluestem (Andropogon glomeratus), and buttonbush (Cephanlanthus occidentalis). A full list of the species included in the Riparian Recovery Mix can be found at Native American Seed (http://www.seedsource.com/catalog/detail.asp?product_id=4506). An approximate depiction of the revegetation of the AESA and an estimation of the proposed vegetation to be planted are included in Appendix 4. Approximately eight redbud trees, ten Mexican plum trees, ten trees, twenty-three American beautyberry bushes, seven deciduous holly shrubs, and six Carolina laurel cherry shrubs will be planted within the AESA. The location and number of plantings were approximated based on aerial photography and field observations. The specific locations and amounts of each species that will be planted will be determined based on the location and size of the removed __________________________________________________________________________________________________________________ Good Samaritan East Tract5 AESA Report January 2019 invasive vegetation, as well as, the surrounding species already within the AESA. This will provide for a better diversity of species throughout the Riparian Stream Buffer. A final landscape plan will be provided to the City following the removal of invasive species. Plantings may be increased by up to 25% based on field conditions determined by the City of Denton Staff. Trees and shrubs will be planted in the winter or early spring (during their dormancy). Forbs and grass seeds will be sown in the spring or late fall, depending on the species. In the interim, temporary vegetative cover will be established by hydro-mulching or installing erosion control blankets. Irrigation is not proposed at this time; however, if the planted vegetation shows signs of stress or the survival rate does not meet or exceed 90%, irrigation may be deemed necessary and installed following the plantings. Erosion Control Erosion control measures will be implemented during the stages of construction. For the construction of fence will be utilized to protect the undisturbed stream/riparian buffer and prevent illicit discharges. For the removal of the non-native invasive species and the replanting of native species, erosion control measures such as straw wattles will be implemented as necessary to prevent erosion runoff. These are low impact measures that do not create soil disturbing activities in order to provide erosion protection. Erosion control plans will be submitted with the Construction Plans (CEP submittal) for staff review, comment and approval. A preliminary erosion control plan has been provided in Appendix 5 for reference. Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the residential roadway and associated utilities has been constructed and the AESA mitigation activities have been completed the City of Denton will be notified that the restoration activities have been completed. Annual Reporting VS Development LLC. will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of the mitigation activities, for the purposes of describing the cumulative mitigation work that has been performed during the reporting period, and to report on the current survivability of the plantings. These annual reports will be submitted to the City for review and inspection. The first two annual reports will contain actions items that may include: the replacement of dead planted trees, installation of irrigation equipment (if the vegetation appears to be stressed or the survival rate is low due to a lack of adequate water for root establishment), re-seeding the riparian recovery seed mixture as needed, and removing invasive species. Upon completion of the three-year monitoring and reporting period, the City shall inspect the plantings and determine whether ninety percent (90%) of the plantings are healthy and have a reasonable chance of surviving to maturity. The City of Denton Environmental Services will conduct an inspection after three years to confirm the 90% survival rate and accept the project. After city inspection if more than 10% of vegetation is found to be diseased or not having a reasonable chance of surviving, then VS Development LLC. shall be notified to replace any unhealthy or dead plantings. If VS Development LLC. does not take __________________________________________________________________________________________________________________ Good Samaritan East Tract6 AESA Report January 2019 remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. If changes need to be made to the mitigation plan during the three-year monitoring period, the City of Denton will be notified prior to making the plan modifications. Summary The impacts proposed to the Riparian Buffer ESA are 0.23-acres, resulting from the construction of a residential roadway connecting the northern and southern portions of the proposed community. The mitigation for this impacts include the following: Removal of invasive species, including Chinese Privet, throughout the riparian stream buffer within the study area (approximately 3.4-acres.) Plantings of native species throughout the riparian stream buffer to replace understory lost with the removal of the invasive species. Preservation of an additional 1.25-acres of Upland Habitat ESA and an additional 5.54-acres of tree canopy cover are proposed beyond the minimum City of Denton requirements for preservation. __________________________________________________________________________________________________________________ Good Samaritan East Tract7 AESA Report January 2019 Annual ReportingContacts Owner: VS Development, LLC 2925 Country Club Road, #105 Denton, TX 76210 Contact: Bob Shelton Phone: 940-536-1151 Email: bobshelton@sheltonent.com Environmental Scientist: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Sierra Gibbons Phone: 972-776-1762 Email: sierra.gibbons@kimley-horn.com Engineer: Kimley-Horn and Associates 5750 Genesis Court, Suite 200 Frisco, TX 75034 Contact: Thomas Fletcher Phone: 972-731-2186 Email: thomas.fletcher@kimley-horn.com __________________________________________________________________________________________________________________ Good Samaritan East Tract8 AESA Report January 2019 Study Area Legend Feet Study Area, 44.973-acres 05001,0002,000 FIGURE DATE:11/30/2018 Good Samaritan DRAWN:SDG East Tract 1 Vicinity Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas KHA NO.:069306728 I boundaries. Legend Study Area, 44.973-acres Feet 0100200400 Observed Riparian Stream Buffer, ~3.4-acres FIGURE DATE:11/20/2018 Good Samaritan DRAWN:SDG Riparian Stream Buffers East Tract 2 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. View of understory within the impact area - Chinese privet and green briar. View of tree strata within the impact area - Legend post oak, cedar elm, pecan, and eastern red cedar. Study Area, 44.973-acres Observed ESA Stream Buffer, ~3.4-acres Feet Impact Area, ~0.2-acres 0100200400 FIGURE DATE:01/14/2019 Good Samaritan ESA Proposed DRAWN:SDG Impacts Map East Tract 3 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. APPENDIX 1 __________________________________________________________________________________________________________________ Good Samaritan East Tract7 AESA Report December 2018 DEPARTMENT OF DEVELOPMENT SERVICES Development Services Center Ï 215 W. Hickory Street Ï Denton, Texas 76201 (940) 349-8541 www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Property Information: 128100 Good Samaritan East Tract Project Name: Parcel(s) Tax ID# (Required):_______________________ 45 AC. SEC of the intersection of Ryan Rd and Duffy's Way Project Address (Location): _________________________________________________Total Acres: _____________ N/A Previous Project Number (If Applicable):______________________________________________________________________________ ESA ASSESSMENT Brief Description of Project: ____ ____ _______ ____________________________________________________________ _ _ -- -- NR4 Existing Zoning: ________________ # of Existing Lots: ___________________ # of Existing Units: _________________________ N/A138 +/- 138 +/- Proposed Zoning: _______________# of Proposed Lots: ___________________#of Proposed Units: ________________ _______ Owner Information and Authorization: Jason Guenther Name: ________________________________________________________________________________________________________________ The Evangelical Lutheran Good Samaritan Society Company Name: ______________________________________________________________________________________________________ P.O. Box 5038, Siox Falls, SD 57117-5038 Address: _______________________________________________________________________________________________________________ jguenthe@good-sam.com (605) 359-7252 Telephone: Email: _________________________________________________________________ CHECK ONE OF THE FOLLOWING: I will represent the application myself; or x KIMLEY-HORN AND ASSOCIATES, INC. I hereby designate (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this development application. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this application. I hereby certify that I am the owner of the property and further certify that the information provided on this development application is true and correct. By signing below, I agree that the City of Denton (the ÑCityÒ) is authorized and permitted to provide information contained within this application to the public. The City is also authorized and permitted to reproduce any copyrighted information submitted in connection with the application, if such reproduction is associated with the application in response to a Public Information Request. Owner's Signature: Date: STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this______ day personally appeared (printed ownerÔs name) the above signed, who, under oath, stated the following: ÑI hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct.Ò SUBSCRIBED AND SWORN TO before me, this the day of Ͳ 20 ͵ _______________________________________ Notary Signature (seal) Page 1 of 2 Updated: 08/16 DEPARTMENT OF DEVELOPMENT SERVICES Development Services Center Ï 215 W. Hickory Street Ï Denton, Texas 76201 (940) 349-8541 www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facilitate the review of the proposed Environmentally Sensitive Area Assessment. A submittal of a complete application will facilitate a timely review. Failure of the applicant to provide required information or obtain a waiver from the DRC Chair will result in application not being processed. Under special circumstances, additional items may be required through the Development Review Committee process prior to approval. Items to be submitted: x Application and Checklist. x Associated Fee(s): as listed on the Development Review Fee Schedule. x Project Narrative: Written proposal for the project. Describe the purpose of the Environmentally Sensitive Area Assessment (ESA) and the type of ESA that you are requesting. (Stream Buffer, Upland Habitat, Flood Plain, Water related Habitat, etc.). If applicant would like to be present during ESA, please state this in your narrative. x Map of Area: Indicating the area for assessment and include a vicinity map. x All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance with State law and local requirements. x Environmentally Sensitive Area Assessment Checklist: I have reviewed the checklist and all submittals for completeness and accuracy. x All documents are required to be PDF files, each sheet will be a single item and will be uploaded into ProjectDox. Page 2 of 2 Updated: 08/16 Good SamaritanEast Tract ESA AssessmentNarrative To: City of Denton Cc: Bob Makowski, Development Services Center From: Thomas Fletcher, P.E., Kimley-Horn Sierra Gibbons, Kimley-Horn Alex Brown, PWS, Kimley-Horn Date: July 19, 2018 Subject:Good SamaritanEast TractESA AssessmentProject Narrative The Good Samaritan project consists of a 45-acre tract of land located at the southeast corner of the intersection of Ryan Road and Way (Sheet 1). n ESA stream buffer and ESA upland habitat on site (Sheet 2). We would like to request confirmation of our ESA Assessment of the area as shown in Sheet 3. A comparison of both the ESA stream buffer and ESA upland habitat mapped by the City and the ESA features observed during a field reconnaissance by Kimley-Horn staff are shown on Sheet 4. Based on a field reconnaissance performed on June 7, 2018, it is our analysis that the City mapped stream buffer shown on Sheet 2 is mostly consistent with the observed buffer surrounding the intermittent stream, with the exception of a short stretch of stream buffer along the eastern boundary of the study area. An additional stream buffer was observed in the northeast corner of the study area associated with an ephemeral stream. Both the ephemeral stream and associated stream buffer are mapped on Sheet 3. Both the ephemeral and intermittent stream are mapped on the USGS Topographic Map (Sheet 5). No wetlands were observed within the study area. The City mapped ESA upland habitat shown on Sheet 2 is not consistent with the observed onsite conditions. The City mapped ESA includes areas in the central portion of the site that were not observed to contain upland habitat or were non-contiguous areas of upland habitat less than 10-acres. The City also did not include areas in the southern and northern portion of the site that were observed as contiguous upland habitat. The City GIS suggests that the areas surrounding the upland pond near the center of the site contain upland habitat. However, based on the field reconnaissance by Kimley-Horn staff, these areas were observed to be mostly upland grasses and shrubs. A break in the tree canopy was also observed south of the pond, isolating approximately 1.8-acres of Cross Timbers habitat southwest of the pond. The area labeled as ESA upland habitat on Sheet 3 is dominated by post oak (Quercus stellata), burr oak (Quercus macrocarpa), cedar elm (Ulmus crassifolia), Chinese privet (Ligustrum sinense), eastern redbud (Cercis canadensis), Osage orange (Maclura pomifera), and greenbrier (Smilax spp.). Other species within the ESA stream buffer/water related habitat included American elm (Ulmus americana), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), eastern cottonwood (Populus deltoides), and poison ivy (Toxicodendron radicans). Areas not included in the upland habitat on Sheet 3 are composed of young and isolated trees or clumps of trees, and upland grasses. Copyright © 2018, Kimley-Horn and Associates, Inc. Good Samaritan East Tract ESA Assessment Narrative Photos from the field reconnaissance performed on June 7, 2018 are included, as well as, the corresponding photo location map are on Sheet 6. A representative from Kimley-Horn would like to be present during the assessment. We look forward to working with the City of Denton on this project. Copyright © 2018, Kimley-Horn and Associates, Inc Study Area Legend Feet Study Area, ~45-acres 05001,0002,000 SHEET DATE:07/19/2018 Good Samaritan DRAWN:SDG East Tract 1 Vicinity Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas KHA NO.:069306728 I boundaries. Legend Study Area, ~45-acres ESA Stream Buffer Existing ESA Habitat Removed Upland Feet Water related 0100200400 SHEET DATE:07/19/2018 City of Denton Good Samaritan DRAWN:SDG Mapped ESA Habitat East Tract 2 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying and Buffer Area purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Non-contiguous Upland ESA Habitat less than 10-acres in size Legend Study Area, ~45-acres Observed Ephemeral Stream, ~420-linear feet Observed Intermittent Stream, ~1,115-linear feet ObservedUpland Pond, ~0.1-acres Observed ESA Upland Habitat, ~20.6-acres Observed ESA Stream Buffer/Water Related Habitat, ~3.4-acres Feet 0100200400 Observed Non-contiguous Upland Habitat, ~1.8-acres SHEET DATE:08/23/2018 Aquatic Features and Good Samaritan DRAWN:SDG Observed Onsite East Tract 3 This product is for informational purposes and may not have been ESA Habitat CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Non-contiguous Upland ESA Habitat less than 10-acres in size Legend Study Area, ~45-acres Observed ESA Upland Habitat, ~20.6-acres Observed Non-contiguous Upland Habitat, ~1.8-acres Observed ESA Stream Buffer/Water Related Habitat, ~3.4-acres Mapped ESA Stream Buffer on City GIS Existing Mapped ESA Habitat Based on City GIS Removed Upland Feet 0100200400 Water related SHEET DATE:08/23/2018 Observed and City Mapped Good Samaritan DRAWN:SDG Onsite ESA Habitat East Tract 4 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Legend Feet Study Area, ~45-acres 02505001,000 SHEET DATE:07/19/2018 Good Samaritan USGS Topographic DRAWN:SDG East Tract 5 Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Quad Name: Denton East KHA NO.:069306728 I boundaries. 20 16 ! ( 21 18 !( 17 1219 ! ( 10 15 13 !( 11 ! ( 01 14 08 30 ! ( ! ( 02 04 31 05 ! ( !( 32 ! ( 03 06 09 33 28 07 ! ( ! ( 29 27 25 24 26 !( !( 23 22 38 ! ( 39 34 !( 3735 36 46 ! ( 40 45 Legend 41 ! ( 43 44 !( Photo Location!( 42 Photo Direction Feet Study Area, ~45-acres 0100200400 SHEET DATE:07/19/2018 Good Samaritan Photo Location DRAWN:SDG East Tract 6 Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. ЉЊЉЋ ЉЌЉЍ ЉЏ ЉЎ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЉАЉБ ЉВЊЉ ЊЋ ЊЊ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЊЌЊЍ ЊЎЊЏ ЊБ ЊА tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЊВЋЉ ЋЊЋЋ ЋЍ ЋЌ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЋЎЋЏ ЋАЋБ ЌЉ ЋВ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЌЊЌЋ ЌЌЌЍ ЌЏ ЌЎ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЌАЌБ ЌВЍЉ ЍЋ ЍЊ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЍЌЍЍ ЍЎЍЏ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ APPENDIX 2 __________________________________________________________________________________________________________________ Good Samaritan East Tract9 AESA Report January 2019 Table 3. Tree survey data from site visit on November 15, 2019. Average Smallest Largest Number of Species Observed DBH* (inches) DBH* DBH* DBH* trees (inches) (inches) (inches) 3, 2, 3, 4, 2, 4, 2, 4, 7, 1, 3, 2, 3, 5, Eastern red cedar 3, 2, 2, 6, 4, 3, 3, 3, 3, 3, 5, 5, 5, 2, 32 3.6 1 7 (Juniperus virginiana) 5, 6, 6, 4 Hackberry 2 1 2 - - (Celtis laevigata) Post oak 18, 7, 3, 3, 5, 3, 15 7 7.7 3 18 (Quercus stellate) Cedar elm 3, 3, 3, 5, 2, 2 ,2, 1, 2, 4, 5, 5, 4, 5, 24 3.8 1 8 (Ulmus crassifolia) 3, 5, 6, 5, 5, 5, 8, 4, 2, 2 Mexican plum 2, 2 2 2 2 2 (Prunus mexicana) Osage orange 4 1 4 - - (Maclura pomifera) Pecan 10, 12, 18, 15, 12 5 13.4 10 18 (Carya illinoinensis) *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. __________________________________________________________________________________________________________________ Good Samaritan East Tract10 AESA Report January 2019 APPENDIX 3 __________________________________________________________________________________________________________________ Good Samaritan East Tract11 AESA Report January 2019 KAO T YELSAE OLLECITNOM S SSAB MA U OHEOHE OH E OHEOHE GA S APPROXIMATE LOCATION OF ATMOS GAS LINE AS MARKED BY OTHERS LAST SAVED11/29/2018 3:02 PM DWG NAMEK:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\T-1_TREE PRESERVATION PLAN.DWG \[Tree Preservation Plan Pg 1\] LAWING, BRANDON 12/5/2018 9:38 AMPLOTTED BY KAO T YELSAE OLLECITNOM S SSAB MA LAST SAVED12/3/2018 9:25 AM DWG NAMEK:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\UH-1_ UPLAND HABITAT PRESERVATION PLAN.DWG \[UPLAND HABITAT PRESERVATION PLAN-1\] LAWING, BRANDON 12/5/2018 9:45 AMPLOTTED BY KAO T YELSAE OLLECITNOM S SSAB MA LAST SAVED11/29/2018 3:02 PM DWG NAMEK:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\T-1_TREE PRESERVATION PLAN.DWG \[Tree Preservation Plan Pg 2\] LAWING, BRANDON 12/5/2018 9:38 AMPLOTTED BY KAO T YELSAE OLLECITNOM S SSAB MA LAST SAVED12/3/2018 9:25 AM DWG NAMEK:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\UH-1_ UPLAND HABITAT PRESERVATION PLAN.DWG \[UPLAND HABITAT PRESERVATION PLAN-2\] LAWING, BRANDON 12/5/2018 9:45 AMPLOTTED BY APPENDIX 4 __________________________________________________________________________________________________________________ Good Samaritan East Tract12 AESA Report January 2019 APPENDIX 5 __________________________________________________________________________________________________________________ Good Samaritan East Tract14 AESA Report January 2019 KAO ET YELSA OLLECITNOM S SSAB MA 42 54.8 KAO ET YELSA OLLECITNOM S SSAB MA KAO ET YELSA OLLECITNOM S SSAB MA Planning Staff Analysis AESA18-0003/Good Samaritan East Tract City Council District 4 March 5, 2019 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding a request by VS Development, LLC for an Alternative Environmental Sensitive Area (AESA) Plan to allow for a road crossing across an existing Riparian Stream Buffer for the purpose of developing a single-family detached dwelling development on approximately 45 acres of land. The property is generally located on the south side of Ryan Road, approximately 600 feet west of Roxbury Street in the City of Denton, Denton County, Texas. (AESA18-0003, Good Samaritan East Tract, Ron Menguita). OWNER: VS Development LLC. APPLICANT: Kimley-Horn and Associates, Inc. BACKGROUND: The applicant is proposing an AESA Plan to allow for a road crossing across an existing Riparian Stream Buffer for the purpose of developing a single-family detached dwelling development. The AESA Plan requires two public hearings, the first at the Planning and Zoning Commission for a recommendation and the second at the City Council for ultimate approval. The AESA Plan is required to be approved by City Council prior to a final plat being approved. In addition to the AESA Plan, staff has reviewed a Preliminary Plat (PP18-0018) associated with a proposed single-family detached dwelling development. The Preliminary Plat has been approved by staff and is included in the same agenda for the Planning and Zoning Commission to consider. Please note that the Preliminary Plat can be considered by the Planning and Zoning Commission prior to the approval of the AESA Plan. An Environmental Sensitive Area (ESA) field assessment (ESA18-0012) confirmed the presence of Cross Timber upland habitat and two riparian buffers on the property. Lots 1-X and 17-X of the Preliminary Plat encompass stream channels (an unnamed ephemeral stream in the northwest corner and Fletcher’s Branch Tributary No. 4). The AESA Plan is for the purpose of deviating from the Riparian Buffer ESA requirements. All of the ESA areas are shown on the ESA Map, refer to Exhibit 4. For the purpose of constructing roadway improvements that will cross Fletcher’s Branch Tributary No. 4 and associated utilities, the applicant is proposing to remove a segment 100 feet long (10,000 sq.ft. area) of riparian buffer. The applicant has proposed multiple mitigation strategies in exchange for the removal of protected area, including the removal of Chinese Privet and Callery Pear, invasive plant species; the planting of native species throughout the riparian stream buffer to replace the invasive understory; and preserve an additional 1.25 acres of Cross Timbers upland habitat and an additional 5.5 acres of tree canopy cover beyond the minimum City of Denton requirements for preservation. SITE DATA: The subject property includes approximately 45 acres of undeveloped land. Two streams traverse the property, generally in a north-east to south-west direction. The streams converge to the west of Duffy’s Way and become a tributary of the lake at Lake Forest Park. Riparian buffer and Cross Timbers upland habitat ESAs exist around these streams and across the property as described above and shown in Exhibits 4 and 5. The property has approximately 800 feet of frontage on Ryan Road. Ryan Road is classified as a secondary arterial roadway on the Mobility Plan. The subject property is zoned Neighborhood Residential 6 District. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: NR-4 District Zoning: NR-2 District Zoning: NR-6 District Use: Single-family detached Uses: Single-family detached Uses: Single-family detached dwelling subdivision dwelling subdivision dwelling subdivision (Teasley (Ridgemont Addition) (Ridgemont Addition) and Trails) d Undeveloped lan West: East: Zoning: NR-6 District Zoning: NR-4 District SUBJECT PROPERTY Uses: Lake Forest Park Uses: Single-family detached dwelling subdivision (Forest Meadow) and Gas Well Southwest: South: Southeast: Zoning: NR-2 District Zoning: NR-2 District Zoning: NR-4 District Uses: Undeveloped land Uses: Undeveloped land and Uses: Single-family detached Gas Well dwelling subdivision gton Park) (Lexin CONSIDERATIONS: Section 35.17.11 of the DDC outlines the criteria for approval of an Alternative ESA Plan. These criteria are as follows: Criteria for Approval Applicable Strategy to Meet Criteria to Project Two woody invasive species, Chinese Privet and Callery Pear, exist within the riparian buffer ESA area. Removal of these species could allow existing and replanted native species a better opportunity to grow without competition from invasive species. Mitigation goals are obtained The applicant proposes to revegetate the area by creating, expanding, and/or Yescleared of the invasive species with native improving environmentally species such as Redbuds, Deciduous Holly, sensitive areas. Eve’s Necklace, Carolina Laurel Cherry, Mexican Plum, and American Beautyberry. A Riparian Restoration Seed mix will also be seeded throughout the disturbed riparian buffer area to provide a protective ground cover and additional understory strata. Mitigation goals are obtained The applicant proposes to preserve an by preserving environmentally Yesadditional 1.25 acres of Cross Timbers upland sensitive areas above the habitat beyond the minimum City of Denton minimum requirements, requirements for preservation, for a total of exchanges between different 11.5 acres. The ESA field assessment types of ESAs, installing confirmed 20.5 acres of upland habitat, of pollution prevention controls, which 50% (10.25 acres) is required to be and/or implementing best preserved. management practices or any The applicant also proposes to preserve an other approaches that result in additional 5.54 acres of tree canopy cover, for the improvement of the a total of 11.7 acres, beyond the 20% (6.16 environment being impacted. acres) minimum City of Denton requirements for preservation. Through the increased preservation the Areas offered as mitigation are applicant has incorporated these areas into the linked to existing or planned land plan to maximize habitat connectivity open space or conserved areas Yes with riparian buffer habitat and upland habitat to provide an overall open connectivity with preserved habitat to the space system. east. The plan layout is such that ESAs and open spaces have adjacency to public rights-of- Development is arranged for way, providing easy access for citizens to maximizing access and enjoy the natural habitat. utilization of the Yes Sidewalks have been provided along lots environmentally sensitive intended for preservation and sidewalk areas by citizens. connectivity to Lake Forest Park has been provided. Areas offered as mitigation are placed either in a lot or lots The ESA has been placed in lots to be that incorporate a permanent maintained by the Homeowner’s Association conservation easement, (HOA). HOA documents create the Yes restrictive covenants, or such mechanism for conservation of ESAs and the other legal mechanism to allow maintenance of these lots will be based on the for the long-term conservation requirements of the DDC for ESAs. of said areas. The Alternative ESA Plan will yield a greater The Alternative ESA Plan percentage of open space, tree preservation shall demonstrate that the (both Upland Habitat and Tree Canopy), developer’s alternative removal of non-native invasive species within proposal results in a high Yesthe 3.4-acre riparian stream buffer, native tree quality development meeting plantings, and a minimum the intent of the standards in reporting/maintenance period. These the DDC. measures provide a high quality development, meeting the intent of the DDC. STAFF RECOMMENDATION: The Development Review Committee recommends approval of this request with the following conditions: 1. 11.5 acres of existing Cross Timbers Upland Habitat and 11.7 acres of tree canopy will be preserved. 2. Encroachment into the Riparian Buffer ESA will be limited to 10,000 square feet. 3. Invasive species within the Fletcher Branch Tributary No. 4 Riparian Buffer ESA, specifically Chinese Privet and Callery Pear, shall be removed. 4. Revegetation of areas disturbed by invasive species removal with the native plants provided in Table 3 of the Alternative ESA Plan and ground cover seeding of Riparian Restoration mix will commence prior to the first building permit. 5. Annual reporting during the first three years describing the cumulative mitigation work performed and the survivability of the plantings shall be submitted for staff review and inspection. 6. Plants installed as a part of the proposed native flora revegetation are to be installed and maintained by the current property owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the current property owner/developer. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 31 notices were sent to property owners within 200 feet of the subject property, 128 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of the issuance of this report no response in favor, opposition or neutral has been received. The applicant held two neighborhood meetings, the first one on Tuesday, December 18, 2018 and the second one on Thursday, January 31, 2019. Provided in Exhibits 9 and 10 are Community Participation Reports for each meeting that includes the following items: Summary of the meeting o Summary of issues and concerns o Action items identified o Summary of how the issues and concerns have or will be resolved Meeting notice invitation/letter o Date o Location o Project information o Project narrative Materials presented at the meeting Sign-in sheets Materials collected at the meeting AESA18-0003 Site Location SKYSAIL 2181 " ) 02555101,020 Feet SITE µ Parcels Roads Date: 11/29/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Non-contiguous Upland ESA Habitat less than 10-acres in size Legend Study Area, ~45-acres Observed ESA Upland Habitat, ~17.7-acres Observed ESA Stream Buffer/Water Related Habitat, ~3.4-acres Observed Non-contiguous Upland Habitat, ~1.8-acres Mapped ESA Stream Buffer on City GIS Existing Mapped ESA Habitat Based on City GIS Removed Upland Feet 0100200400 Water related SHEET DATE:07/19/2018 Observed and City Mapped Good Samaritan DRAWN:SDG Onsite ESA Habitat East Tract 4 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Good Samaritan East Tract Alternative Environmentally Sensitive Area (AESA) Report (AESA18-0003) January 2019 For compliance with: City of Denton Environmentally Sensitive Areas Assessment (ESA18-0012 Good Samaritan East Tract) Prepared by: Kimley-Horn and Associates Inc. 5750 Genesis Court, Ste. 200 Frisco, Texas 75034 Prepared for: VS Development LLC. 2925 Country Club Rd., #105 Denton, TX 76210 Table of Contents Introduction and Authority/Purpose and Need for Action .............................................................................. 2 Description of Overall Development .......................................................................................................... 2 Existing Site Description ............................................................................................................................ 2 Riparian Stream Buffer ESA .................................................................................................................. 2 Purpose of AESA ....................................................................................................................................... 2 Notification and Review ................................................................................................................................. 3 Affected Environment and Summary of Impacts........................................................................................... 3 Mitigation Activities ........................................................................................................................................ 4 Invasive Species Removal ........................................................................................................................ 5 Proposed Revegetation ............................................................................................................................. 5 Erosion Control .......................................................................................................................................... 6 Compliance with Authorities .......................................................................................................................... 6 Annual Reporting .......................................................................................................................................... 6 Summary ....................................................................................................................................................... 7 Annual Reporting Contacts ........................................................................................................................... 8 Figures Figure 1 Vicinity Map Figure 2 Riparian Stream Buffers Map Figure 3 ESA Proposed Impacts Map Appendices Appendix 1 Previous ESA Assessment (ESA18-0012) Appendix 2 Tree Survey Data Appendix 3 Approximate Landscape Plan and Examples of Proposed Vegetation Appendix 4 Erosion Control Plans __________________________________________________________________________________________________________________ Good Samaritan East Tract 1 AESA Report January 2019 Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates was retained by VS Development LLC. for Civil Engineering and Environmental Services for the Good Samaritan East Tract Development. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Subchapter 35.3.4.5 to request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Report proposes mitigation measures for the impacts that will result in a higher quality proposed AESA while providing the Owner the ability to access and develop the subject tract. Description of Overall Development The proposed Good Samaritan project is 44.973-acres in size located Way and Ryan Road in the City of Denton, Denton County, Texas (Figure 1). It is bound on the north by the south by the future extension of Creekdale Drive. The proposed project includes the construction of a single-family residential development including access roads and associated utilities and infrastructure. The current zoning for this tract is NR-6 which allows a density of 6 units per acre or 269 total units. The proposed development is for 140 total units equivalent to a density of 3.11 units per acre, which is significantly below the allowed zoning. Existing Site Description The project consists of primarily wooded areas with some open areas throughout the site. Kimley-Horn Environmental staff conducted a site visit to the project area on June 7, 2018 to confirm environmentally sensitive areas (ESA) mapped by the City of Denton and to identify aquatic features that would likely be determined to be regulated (jurisdictional) by the U.S. Army Corps of Engineers (Corps). It was determined that there were two likely jurisdictional streams on the property and associated Stream Buffer ESA. Upland Habitat ESA was also identified throughout the study area. In association with the two jurisdictional streams, a 50-foot riparian stream buffer ESA was identified on either side of both streams. The onsite streams and ESAs identified during the site reconnaissance and the previous City mapped ESAs are shown in the ESA Assessment, ESA18-0012, provided in Appendix 1. Riparian Stream Buffer ESA Two likely jurisdictional streams were identified within the study area, an ephemeral stream in the northern portion of the study area. These were both field identified as part of ESA18-0012. The Riparian Stream Buffer ESA surrounding the intermittent stream was previously mapped by the City of Denton; however, the ephemeral Riparian Stream Buffer was not previously mapped. The Riparian Stream Buffer ESAs are shown in Figure 2. Purpose of AESA The purpose of the Alternative Environmentally Sensitive Area Report is to propose mitigation for the impacts to the Riparian Buffer ESA No. 4. The proposed roadway would be a local residential roadway with a 55-foot right-of-way and would connect the north portion on of the subject tract to the southern portion of the subject tract. An 8-foot utility easement adjacent to the right-of-way for franchise utilities is also required. Accounting for the construction of the infrastructure improvements, the impact along the riparian buffer would be limited to one hundred- feet (10 in length along the tributary. Figure 3 shows the proposed impacts to the Riparian Stream Buffer ESA. __________________________________________________________________________________________________________________ Good Samaritan East Tract 2 AESA Report January 2019 Additional Project information is available from City of Denton Case Number ESA18-0012 and PP18-0018 within ProjectDox. Notification and Review This AESA Report explaining the mitigation measures for impacts to an ESA will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. A review of the Nationwide Permit program indicates that the NWP 14 Linear Transportation Projects should authorize the proposed crossing and does not require Preconstruction Notification to the Corps. Affected Environment and Summary of Impacts The attached Figure 2 shows the Riparian Stream Buffer ESAs associated with jurisdictional streams identified by Kimley-Horn environmental staff on June 7, 2018. There are two separate areas that are designated as Stream-Riparian Buffer on the subject tract. One, an ephemeral stream, is located in the intermittent stream, which enters the northeast portion of the tract and flows southwest and then west to the western boundary of the tract. There are no proposed impacts to the Riparian Stream Buffer located within the northwest corner of the site. t that will connect the southern portion of the tract with the northern portion. It will also allow the entire tract direct access to Ryan Road to the north and Creekdale Drive to the south. The proposed impacts are limited to one-hundred feet (10023-acres in total. The impacts are associated with the required Right-Of- wide), and construction area needed to construct the three proposed box culverts, headwalls, and rock rip-rap. These are shown on Figure 3 in the attached Figures. The vegetation within the proposed impact area, shown in Figure 3, includes a combination of both native and invasive species. Dominant tree species included post oak (Quercus stellata), pecan (Carya illinoinensis), eastern red cedar (Juniperus virginiana), and cedar elm (Ulmus crossifolia). A limited number of small Osage orange (Maclura pomifera), hackberry (Celtis laevigata), and Mexican plum (Prunus Mexicana) with a DBH less than 6-inches were also observed. A summary of the trees observed within the impact area is shown in Table 1, below. Most of the trees observed within the impact area had a DBH less than 6-inches. A majority of the understory consisted of Chinese privet (Ligustrum sinense) and green briar (Smilax spp.); however, a variety of upland grasses were also observed in patches throughout the impact area. Chinese privet was the dominant understory species, exhibiting 75 to 100 percent cover and having an average density of approximately 8 plants (clumps of stems) per 5-square feet. Representative images of the vegetation within the impact area are shown in Figure 3 and the full survey of observed trees is included in Appendix 2. Table 1. Summary of trees observed within the impact area. Number Average DBH* Smallest DBH* Largest DBH* Number of trees Species of trees (inches) (inches) (inches) >6-inches DBH* Eastern red cedar (Juniperus virginiana) 32 3.6 1 7 4 __________________________________________________________________________________________________________________ Good Samaritan East Tract 3 AESA Report January 2019 Table 1. Summary of trees observed within the impact area. (continued) Number Average DBH* Smallest DBH* Largest DBH* Number of trees Species of trees (inches) (inches) (inches) >6-inches DBH* Hackberry (Celtis laevigata) 1 2 - - 0 Post oak (Quercus stellate) 7 7.7 3 18 2 Cedar elm (Ulmus crassifolia) 24 3.8 1 8 2 Mexican plum (Prunus mexicana) 2 2 2 2 0 Osage orange (Maclura pomifera) 1 4 - - 0 Pecan (Carya illinoinensis) 5 13.4 10 18 5 *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. A flood study has been prepared to size the proposed culverts and prevent upstream and downstream . A Downstream Assessment and Floodplain Study has been prepared to determine the size of the proposed culvert crossings and to show no adverse impacts on adjacent properties are expected as a result of the Good Samaritan development. The study found that 3- 4 to pass the 100-year peak flow. No increase in 100-year peak flows are anticipated downstream of the subject property. The Downstream Assessment and Flood Study will be formally submitted to the City of Denton for review, comment, and approval. Mitigation Activities Impacts to the Riparian Stream Buffer ESA shown in Figure 2 are minimal and limited to the one residential roadway and associated utilities. No adverse impacts ups Branch Tributary No. 4 are proposed and the flood study referenced above confirms the avoidance of impacts. A contractor will be instructed by VS Development LLC. to remove invasive species through the Riparian Stream Buffer shown in Figure 2 and replant the areas of removed, invasive vegetation with native species appropriate for a riparian stream buffer habitat. The resulting AESA will be higher quality habitat than the existing ESA. The overall Good Samaritan East Tract development is proposing to exceed both the minimum preservation requirement of Upland Habitat ESA and overall tree canopy. The minimum preservation requirement of Upland Habitat is 50%, and 56% of the documented on-Site Upland Habitat is proposed to be preserved. This is equivalent to an additional 1.25-acres of Upland Habitat being preserved beyond what is required. The minimum preservation requirement for the overall tree canopy is 20%, and 38% of the tree canopy is proposed to be preserved. This is equivalent to an additional 6.16-acres of canopy cover being preserved beyond what is required. The areas of preservation are shown in the Appendix 3 and the proposed preservation is summarized in Table 2 below. Table 2. Summary of preservation proposed on overall development. Preservation Minimum Required Amount Proposed Amount Beyond Minimum Required Upland Habitat ESA 6.16-ac (20%) 11.7-ac (38%) 5.54-ac. (18%) Canopy Cover 10.25-ac (50%) 11.5-ac (56%) 1.25-ac (6%) __________________________________________________________________________________________________________________ Good Samaritan East Tract 4 AESA Report January 2019 Invasive Species Removal Two woody invasive species were observed within the study area during the site reconnaissance, Chinese privet and Callery pear (Pyrus calleryana). The invasive species will be removed through root pruning and hand clearing within the on-site Riparian Stream Buffer. More specifically, the invasive species will be removed by cutting the stems near the ground and painting the cut stumps with an herbicide. Grubbing While removing the Chinese privet and Callery pear observed within the riparian stream buffer will result in a loss of mid-story canopy cover and understory, the removal of invasive species will also remove competition and allow the planted vegetation to develop into a fully functioning native herbaceous understory and mid-story tree canopy. The ultimate goal of the mitigation is to develop an AESA with higher quality, native habitat that will not need additional maintenance beyond the initial tree plantings and invasive species removal. Proposed Revegetation The developer is proposing to replant the Riparian Stream Buffer (AESA) with native woody plants following the removal of invasive species. A selection of native woody species considered for replanting the AESA is shown in Table 3 below. Table 3. A selection of native woody species considered for planting in the AESA. Habitat Type/Species Common Name Planting Size Projected Projected Plant Type Scientific Name (gallon) Canopy (feet) Height (Feet) Riparian Trees Cercis canadensis Redbud 5 15-20 15-20 Small tree Ilex decidua Deciduous holly 3 6-10 8-12 Large shrub/Small tree Sophora affinis 3 10-20 15-35 Small tree Prunus caroliniana Carolina laurel 3 10-35 15-40 Large shrub/Small cherry tree Prunus mexicana Mexican plum 5 25 25 Small tree/Medium tree Callicarpa Americana American 3 4-6 4-6 Medium shrub beautyberry *Planting size references 5-gallon and 3-gallon plating stock, generally 5-gallon stock will be trees and 3-gallon stock will be shrubs **Projected canopy radius 25 years from planting The species selected are a combination of multiple sized trees and shrubs that will eventually grow to provide multiple vegetative strata and therefore replace wildlife habitat in both the mid-story tree canopy and understory. A Riparian Restoration Seed mix will also be seeded throughout the disturbed stream buffer area to provide a protective ground cover and additional understory strata. The seed mix includes multiple native species including herbaceous species such as Eastern gamagrass (Tripsacum dactyloides), switchgrass (Panicum virgatum), bushy bluestem (Andropogon glomeratus), and buttonbush (Cephanlanthus occidentalis). A full list of the species included in the Riparian Recovery Mix can be found at Native American Seed (http://www.seedsource.com/catalog/detail.asp?product_id=4506). An approximate depiction of the revegetation of the AESA and an estimation of the proposed vegetation to be planted are included in Appendix 4. Approximately eight redbud trees, ten Mexican plum trees, ten trees, twenty-three American beautyberry bushes, seven deciduous holly shrubs, and six Carolina laurel cherry shrubs will be planted within the AESA. The location and number of plantings were approximated based on aerial photography and field observations. The specific locations and amounts of each species that will be planted will be determined based on the location and size of the removed __________________________________________________________________________________________________________________ Good Samaritan East Tract 5 AESA Report January 2019 invasive vegetation, as well as, the surrounding species already within the AESA. This will provide for a better diversity of species throughout the Riparian Stream Buffer. A final landscape plan will be provided to the City following the removal of invasive species. Plantings may be increased by up to 25% based on field conditions determined by the City of Denton Staff. Trees and shrubs will be planted in the winter or early spring (during their dormancy). Forbs and grass seeds will be sown in the spring or late fall, depending on the species. In the interim, temporary vegetative cover will be established by hydro-mulching or installing erosion control blankets. Irrigation is not proposed at this time; however, if the planted vegetation shows signs of stress or the survival rate does not meet or exceed 90%, irrigation may be deemed necessary and installed following the plantings. Erosion Control Erosion control measures will be implemented during the stages of construction. For the construction of fence will be utilized to protect the undisturbed stream/riparian buffer and prevent illicit discharges. For the removal of the non-native invasive species and the replanting of native species, erosion control measures such as straw wattles will be implemented as necessary to prevent erosion runoff. These are low impact measures that do not create soil disturbing activities in order to provide erosion protection. Erosion control plans will be submitted with the Construction Plans (CEP submittal) for staff review, comment and approval. A preliminary erosion control plan has been provided in Appendix 5 for reference. Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the residential roadway and associated utilities has been constructed and the AESA mitigation activities have been completed the City of Denton will be notified that the restoration activities have been completed. Annual Reporting VS Development LLC. will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of the mitigation activities, for the purposes of describing the cumulative mitigation work that has been performed during the reporting period, and to report on the current survivability of the plantings. These annual reports will be submitted to the City for review and inspection. The first two annual reports will contain actions items that may include: the replacement of dead planted trees, installation of irrigation equipment (if the vegetation appears to be stressed or the survival rate is low due to a lack of adequate water for root establishment), re-seeding the riparian recovery seed mixture as needed, and removing invasive species. Upon completion of the three-year monitoring and reporting period, the City shall inspect the plantings and determine whether ninety percent (90%) of the plantings are healthy and have a reasonable chance of surviving to maturity. The City of Denton Environmental Services will conduct an inspection after three years to confirm the 90% survival rate and accept the project. After city inspection if more than 10% of vegetation is found to be diseased or not having a reasonable chance of surviving, then VS Development LLC. shall be notified to replace any unhealthy or dead plantings. If VS Development LLC. does not take __________________________________________________________________________________________________________________ Good Samaritan East Tract 6 AESA Report January 2019 remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. If changes need to be made to the mitigation plan during the three-year monitoring period, the City of Denton will be notified prior to making the plan modifications. Summary The impacts proposed to the Riparian Buffer ESA are 0.23-acres, resulting from the construction of a residential roadway connecting the northern and southern portions of the proposed community. The mitigation for this impacts include the following: Removal of invasive species, including Chinese Privet, throughout the riparian stream buffer within the study area (approximately 3.4-acres.) Plantings of native species throughout the riparian stream buffer to replace understory lost with the removal of the invasive species. Preservation of an additional 1.25-acres of Upland Habitat ESA and an additional 6.16-acres of tree canopy cover are proposed beyond the minimum City of Denton requirements for preservation. __________________________________________________________________________________________________________________ Good Samaritan East Tract 7 AESA Report January 2019 Annual Reporting Contacts Owner: VS Development, LLC 2925 Country Club Road, #105 Denton, TX 76210 Contact: Bob Shelton Phone: 940-536-1151 Email: bobshelton@sheltonent.com Environmental Scientist: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Sierra Gibbons Phone: 972-776-1762 Email: sierra.gibbons@kimley-horn.com Engineer: Kimley-Horn and Associates 5750 Genesis Court, Suite 200 Frisco, TX 75034 Contact: Thomas Fletcher Phone: 972-731-2186 Email: thomas.fletcher@kimley-horn.com __________________________________________________________________________________________________________________ Good Samaritan East Tract 8 AESA Report January 2019 Study Area Legend Feet Study Area, 44.973-acres 05001,0002,000 FIGURE DATE:11/30/2018 Good Samaritan DRAWN:SDG East Tract 1 Vicinity Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas KHA NO.:069306728 I boundaries. Legend Study Area, 44.973-acres Feet 0100200400 Observed Riparian Stream Buffer, ~3.4-acres FIGURE DATE:11/20/2018 Good Samaritan DRAWN:SDG Riparian Stream Buffers East Tract 2 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. View of understory within the impact area - Chinese privet and green briar. View of tree strata within the impact area - Legend post oak, cedar elm, pecan, and eastern red cedar. Study Area, 44.973-acres ObservedESAStreamBuffer,~3.4-acres Feet Impact Area, ~0.2-acres 0100200400 FIGURE DATE:01/14/2019 Good Samaritan ESA Proposed DRAWN:SDG Impacts Map East Tract 3 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. APPENDIX 1 __________________________________________________________________________________________________________________ Good Samaritan East Tract 7 AESA Report December 2018 DEPARTMENT OF DEVELOPMENT SERVICES Development Services Center Ï 215 W. Hickory Street Ï Denton, Texas 76201 (940) 349-8541 www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Property Information: 128100 Good Samaritan East Tract Project Name: Parcel(s) Tax ID# (Required):_______________________ 45 AC. SEC of the intersection of Ryan Rd and Duffy's Way Project Address (Location): _________________________________________________Total Acres: _____________ N/A Previous Project Number (If Applicable):______________________________________________________________________________ ESA ASSESSMENT Brief Description of Project: ____ ____ _______ ____________________________________________________________ _ _ -- -- NR4 Existing Zoning: ________________ # of Existing Lots: ___________________ # of Existing Units: _________________________ N/A138 +/- 138 +/- Proposed Zoning: _______________# of Proposed Lots: ___________________#of Proposed Units: ________________ _______ Owner Information and Authorization: Jason Guenther Name: ________________________________________________________________________________________________________________ The Evangelical Lutheran Good Samaritan Society Company Name: ______________________________________________________________________________________________________ P.O. Box 5038, Siox Falls, SD 57117-5038 Address: _______________________________________________________________________________________________________________ jguenthe@good-sam.com (605) 359-7252 Telephone: Email: _________________________________________________________________ CHECK ONE OF THE FOLLOWING: I will represent the application myself; or x KIMLEY-HORN AND ASSOCIATES, INC. I hereby designate (name of project representative) to act in the capacity as my agent for submittal, processing, representation, and/or presentation of this development application. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this application. I hereby certify that I am the owner of the property and further certify that the information provided on this development application is true and correct. By signing below, I agree that the City of Denton (the ÑCityÒ) is authorized and permitted to provide information contained within this application to the public. The City is also authorized and permitted to reproduce any copyrighted information submitted in connection with the application, if such reproduction is associated with the application in response to a Public Information Request. Owner's Signature: Date: STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this______ day personally appeared (printed ownerÔs name) the above signed, who, under oath, stated the following: ÑI hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct.Ò SUBSCRIBED AND SWORN TO before me, this the day of Ͳ 20 ͵ _______________________________________ Notary Signature (seal) Page 1 of 2 Updated: 08/16 DEPARTMENT OF DEVELOPMENT SERVICES Development Services Center Ï 215 W. Hickory Street Ï Denton, Texas 76201 (940) 349-8541 www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facilitate the review of the proposed Environmentally Sensitive Area Assessment. A submittal of a complete application will facilitate a timely review. Failure of the applicant to provide required information or obtain a waiver from the DRC Chair will result in application not being processed. Under special circumstances, additional items may be required through the Development Review Committee process prior to approval. Items to be submitted: x Application and Checklist. x Associated Fee(s): as listed on the Development Review Fee Schedule. x Project Narrative: Written proposal for the project. Describe the purpose of the Environmentally Sensitive Area Assessment (ESA) and the type of ESA that you are requesting. (Stream Buffer, Upland Habitat, Flood Plain, Water related Habitat, etc.). If applicant would like to be present during ESA, please state this in your narrative. x Map of Area: Indicating the area for assessment and include a vicinity map. x All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance with State law and local requirements. x Environmentally Sensitive Area Assessment Checklist: I have reviewed the checklist and all submittals for completeness and accuracy. x All documents are required to be PDF files, each sheet will be a single item and will be uploaded into ProjectDox. Page 2 of 2 Updated: 08/16 Good Samaritan East Tract ESA Assessment Narrative To: City of Denton Cc: Bob Makowski, Development Services Center From: Thomas Fletcher, P.E., Kimley-Horn Sierra Gibbons, Kimley-Horn Alex Brown, PWS, Kimley-Horn Date: July 19, 2018 Subject: Good Samaritan East Tract ESA Assessment Project Narrative The Good Samaritan project consists of a 45-acre tract of land located at the southeast corner of the intersection of Ryan Road and Way (Sheet 1). n ESA stream buffer and ESA upland habitat on site (Sheet 2). We would like to request confirmation of our ESA Assessment of the area as shown in Sheet 3. A comparison of both the ESA stream buffer and ESA upland habitat mapped by the City and the ESA features observed during a field reconnaissance by Kimley-Horn staff are shown on Sheet 4. Based on a field reconnaissance performed on June 7, 2018, it is our analysis that the City mapped stream buffer shown on Sheet 2 is mostly consistent with the observed buffer surrounding the intermittent stream, with the exception of a short stretch of stream buffer along the eastern boundary of the study area. An additional stream buffer was observed in the northeast corner of the study area associated with an ephemeral stream. Both the ephemeral stream and associated stream buffer are mapped on Sheet 3. Both the ephemeral and intermittent stream are mapped on the USGS Topographic Map (Sheet 5). No wetlands were observed within the study area. The City mapped ESA upland habitat shown on Sheet 2 is not consistent with the observed onsite conditions. The City mapped ESA includes areas in the central portion of the site that were not observed to contain upland habitat or were non-contiguous areas of upland habitat less than 10-acres. The City also did not include areas in the southern and northern portion of the site that were observed as contiguous upland habitat. The City GIS suggests that the areas surrounding the upland pond near the center of the site contain upland habitat. However, based on the field reconnaissance by Kimley-Horn staff, these areas were observed to be mostly upland grasses and shrubs. A break in the tree canopy was also observed south of the pond, isolating approximately 1.8-acres of Cross Timbers habitat southwest of the pond. The area labeled as ESA upland habitat on Sheet 3 is dominated by post oak (Quercus stellata), burr oak (Quercus macrocarpa), cedar elm (Ulmus crassifolia), Chinese privet (Ligustrum sinense), eastern redbud (Cercis canadensis), Osage orange (Maclura pomifera), and greenbrier (Smilax spp.). Other species within the ESA stream buffer/water related habitat included American elm (Ulmus americana), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), eastern cottonwood (Populus deltoides), and poison ivy (Toxicodendron radicans). Areas not included in the upland habitat on Sheet 3 are composed of young and isolated trees or clumps of trees, and upland grasses. Copyright © 2018, Kimley-Horn and Associates, Inc. Good Samaritan East Tract ESA Assessment Narrative Photos from the field reconnaissance performed on June 7, 2018 are included, as well as, the corresponding photo location map are on Sheet 6. A representative from Kimley-Horn would like to be present during the assessment. We look forward to working with the City of Denton on this project. .8 Copyright © 2018, Kimley-Horn and Associates, Inc Study Area Legend Feet Study Area, ~45-acres 05001,0002,000 SHEET DATE:07/19/2018 Good Samaritan DRAWN:SDG East Tract 1 Vicinity Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas KHA NO.:069306728 I boundaries. Legend Study Area, ~45-acres ESA Stream Buffer Existing ESA Habitat Removed Upland Feet Water related 0100200400 SHEET DATE:07/19/2018 City of Denton Good Samaritan DRAWN:SDG Mapped ESA Habitat East Tract 2 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying and Buffer Area purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Non-contiguous Upland ESA Habitat less than 10-acres in size Legend Study Area, ~45-acres Observed Ephemeral Stream, ~420-linear feet Observed Intermittent Stream, ~1,115-linear feet Observed Upland Pond, ~0.1-acres Observed ESA Upland Habitat, ~17.7-acres Observed ESA Stream Buffer/Water Related Habitat, ~3.4-acres Feet 0100200400 Observed Non-contiguous Upland Habitat, ~1.8-acres SHEET DATE:07/19/2018 Aquatic Features and Good Samaritan DRAWN:SDG Observed Onsite East Tract 3 This product is for informational purposes and may not have been ESA Habitat CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas KHA NO.:069306728 Nearmap January 2018 I boundaries. Non-contiguous Upland ESA Habitat less than 10-acres in size Legend Study Area, ~45-acres Observed ESA Upland Habitat, ~17.7-acres Observed ESA Stream Buffer/Water Related Habitat, ~3.4-acres Observed Non-contiguous Upland Habitat, ~1.8-acres Mapped ESA Stream Buffer on City GIS Existing Mapped ESA Habitat Based on City GIS Removed Upland Feet 0100200400 Water related SHEET DATE:07/19/2018 Observed and City Mapped Good Samaritan DRAWN:SDG Onsite ESA Habitat East Tract 4 This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. Legend Feet Study Area, ~45-acres 02505001,000 SHEET DATE:07/19/2018 Good Samaritan USGS Topographic DRAWN:SDG East Tract 5 Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Quad Name: Denton East KHA NO.:069306728 I boundaries. 20 16 ! ( 21 18 !( 17 1219 ! ( 10 15 13 !( 11 ! ( 01 14 08 30 ! ( ! ( 02 04 31 05 ! ( !( 32 ! ( 03 06 09 33 28 07 ! ( ! ( 29 27 25 24 26 !( !( 23 22 38 !( 39 34 ! ( 3735 36 46 ! ( 40 45 Legend 41 !( 43 44 !( Photo Location!( 42 Photo Direction Feet Study Area, ~45-acres 0100200400 SHEET DATE:07/19/2018 Good Samaritan Photo Location DRAWN:SDG East Tract 6 Map This product is for informational purposes and may not have been CHECKED:AMB prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property Denton, Denton County, Texas Nearmap January 2018 KHA NO.:069306728 I boundaries. ЉЊЉЋ ЉЌЉЍ ЉЏ ЉЎ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЉАЉБ ЉВЊЉ ЊЋ ЊЊ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЊЌЊЍ ЊЎЊЏ ЊБ ЊА tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЊВЋЉ ЋЊЋЋ ЋЍ ЋЌ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЋЎЋЏ ЋАЋБ ЌЉ ЋВ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЌЊЌЋ ЌЌЌЍ ЌЏ ЌЎ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЌАЌБ ЌВЍЉ ЍЋ ЍЊ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ ЍЌЍЍ ЍЎЍЏ tŷƚƷƚƭ ǞĻƩĻ ƷğƉĻƓ ƚƓ ЉЏΉЉАΉЋЉЊБ APPENDIX 2 __________________________________________________________________________________________________________________ Good Samaritan East Tract 9 AESA Report January 2019 Table 3. Tree survey data from site visit on November 15, 2019. Average Smallest Largest Number of Species Observed DBH* (inches) DBH* DBH* DBH* trees (inches) (inches) (inches) 3, 2, 3, 4, 2, 4, 2, 4, 7, 1, 3, 2, 3, 5, Eastern red cedar 3, 2, 2, 6, 4, 3, 3, 3, 3, 3, 5, 5, 5, 2, 32 3.6 1 7 (Juniperus virginiana) 5, 6, 6, 4 Hackberry 2 1 2 - - (Celtis laevigata) Post oak 18, 7, 3, 3, 5, 3, 15 7 7.7 3 18 (Quercus stellate) Cedar elm 3, 3, 3, 5, 2, 2 ,2, 1, 2, 4, 5, 5, 4, 5, 24 3.8 1 8 (Ulmus crassifolia) 3, 5, 6, 5, 5, 5, 8, 4, 2, 2 Mexican plum 2, 2 2 2 2 2 (Prunus mexicana) Osage orange 4 1 4 - - (Maclura pomifera) Pecan 10, 12, 18, 15, 12 5 13.4 10 18 (Carya illinoinensis) *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. __________________________________________________________________________________________________________________ Good Samaritan East Tract 10 AESA Report January 2019 APPENDIX 3 __________________________________________________________________________________________________________________ Good Samaritan East Tract 11 AESA Report January 2019 KAO T YELSAE S SSAB MA O H E U OHEOHE OHEOHE GA S G AS APPROXIMATE LOCATION OF ATMOS GAS LINE AS O H E MARKED BY OTHERS 11/29/2018 3:02 PMLAST SAVED \]Tree Preservation Plan Pg 1 \[K:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\T-1_TREE PRESERVATION PLAN.DWGDWG NAME 12/5/2018 9:38 AM LAWING, BRANDONPLOTTED BY KAO T YELSAE S SSAB MA 12/3/2018 9:25 AMLAST SAVED \]UPLAND HABITAT PRESERVATION PLAN-1 \[K:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\UH-1_ UPLAND HABITAT PRESERVATION PLAN.DWGDWG NAME 12/5/2018 9:45 AM LAWING, BRANDONPLOTTED BY KAO T YELSAE S SSAB MA 11/29/2018 3:02 PMLAST SAVED \]Tree Preservation Plan Pg 2 \[K:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\T-1_TREE PRESERVATION PLAN.DWGDWG NAME 12/5/2018 9:38 AM LAWING, BRANDONPLOTTED BY KAO T YELSAE S SSAB MA 12/3/2018 9:25 AMLAST SAVED \]UPLAND HABITAT PRESERVATION PLAN-2 \[K:\\FRI_CIVIL\\069306728 - GOOD SAMARITAN EAST TRACT\\CAD\\PRELIMINARY\\PLANSHEETS\\UH-1_ UPLAND HABITAT PRESERVATION PLAN.DWGDWG NAME 12/5/2018 9:45 AM LAWING, BRANDONPLOTTED BY APPENDIX 4 __________________________________________________________________________________________________________________ Good Samaritan East Tract 12 AESA Report January 2019 APPENDIX 5 __________________________________________________________________________________________________________________ Good Samaritan East Tract 14 AESA Report January 2019 KAO ET YELSA OLLECITNOM S SSAB MA KAO ET YELSA OLLECITNOM S SSAB MA KAO ET YELSA OLLECITNOM S SSAB MA Good Samaritan East Tract ESA Assessment Narrative To: City of Denton Cc: Bob Makowski, Development Services Center From: Thomas Fletcher, P.E., Kimley-Horn Sierra Gibbons, Kimley-Horn Alex Brown, PWS, Kimley-Horn Date: July 19, 2018 Subject: Good Samaritan East Tract ESA Assessment Project Narrative The Good Samaritan project consists of a 45-acre tract of land located at the southeast corner of the intersection of Ryan Road and Way (Sheet 1). n ESA stream buffer and ESA upland habitat on site (Sheet 2). We would like to request confirmation of our ESA Assessment of the area as shown in Sheet 3. A comparison of both the ESA stream buffer and ESA upland habitat mapped by the City and the ESA features observed during a field reconnaissance by Kimley-Horn staff are shown on Sheet 4. Based on a field reconnaissance performed on June 7, 2018, it is our analysis that the City mapped stream buffer shown on Sheet 2 is mostly consistent with the observed buffer surrounding the intermittent stream, with the exception of a short stretch of stream buffer along the eastern boundary of the study area. An additional stream buffer was observed in the northeast corner of the study area associated with an ephemeral stream. Both the ephemeral stream and associated stream buffer are mapped on Sheet 3. Both the ephemeral and intermittent stream are mapped on the USGS Topographic Map (Sheet 5). No wetlands were observed within the study area. The City mapped ESA upland habitat shown on Sheet 2 is not consistent with the observed onsite conditions. The City mapped ESA includes areas in the central portion of the site that were not observed to contain upland habitat or were non-contiguous areas of upland habitat less than 10-acres. The City also did not include areas in the southern and northern portion of the site that were observed as contiguous upland habitat. The City GIS suggests that the areas surrounding the upland pond near the center of the site contain upland habitat. However, based on the field reconnaissance by Kimley-Horn staff, these areas were observed to be mostly upland grasses and shrubs. A break in the tree canopy was also observed south of the pond, isolating approximately 1.8-acres of Cross Timbers habitat southwest of the pond. The area labeled as ESA upland habitat on Sheet 3 is dominated by post oak (Quercus stellata), burr oak (Quercus macrocarpa), cedar elm (Ulmus crassifolia), Chinese privet (Ligustrum sinense), eastern redbud (Cercis canadensis), Osage orange (Maclura pomifera), and greenbrier (Smilax spp.). Other species within the ESA stream buffer/water related habitat included American elm (Ulmus americana), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), eastern cottonwood (Populus deltoides), and poison ivy (Toxicodendron radicans). Areas not included in the upland habitat on Sheet 3 are composed of young and isolated trees or clumps of trees, and upland grasses. Copyright © 2018, Kimley-Horn and Associates, Inc. Good Samaritan East Tract ESA Assessment Narrative Photos from the field reconnaissance performed on June 7, 2018 are included, as well as, the corresponding photo location map are on Sheet 6. A representative from Kimley-Horn would like to be present during the assessment. We look forward to working with the City of Denton on this project. .8 Copyright © 2018, Kimley-Horn and Associates, Inc 1/28/2019 9:48 AM LAST SAVED1/28/2019 9:49 AM LAWING, BRANDON PLOTTED BYK:\\FRI_SURVEY\\069306728-GOOD SAMARITAN EAST TRACT\\DWG\\069306728 PRELIMINARY PLAT.DWGDWG NAME: KAO ET YELSA OLLECITNOM S SSAB MA KAO T YELSAE OLLECITNOM SSAB MAS 05 .W.O.R ' 0.3091 '3 2.799 '1 .297 '57 12 '68.3 '10.101 1 '00.52 '02 .L.B O.R '55 .W. .1 110.521 ''0 '00.05 5 '00.0 DNOS MIEH EERTS T 0.592 '0 '00.521 1 '00.01 00.011 ' '18.111.L.B '01 511 '00. 55 .W.O.R ' 1 '00.52 .L.B '01 01 '35.3 11 '00.5 51 '73.6 021 '00. M ETNO RAC L OL ENA .521 '00 '00.042 '98.33 00.05 ' 3 .'00.511 22 1 '00.02 511 '00. '00.021 2 .L.B '0 .E.U '8 '00.05 '00.05 05 '00. '60.902 '00.501 1 '35.70 6.111 '9 '21.971 AH REMM B NIETS ELUO DRAV 302 '26.3 00..0055 ''00 '00.05 .05 '00 '00.05 5 '00.0 00.05 ' 00.05 ' 0.05 3'0 '48.5 .L.B '02 .L.B '02 1.3 3 .L.B '02 '00.05 5 '00.0 '00.05 00.05 ' '00.05 5 '00.0 '00.05 05 '00. 0.05 '0 CNOC DAOR ETER CNOC DAOR ETER ETNEC TSIXE ENILR GNI YFFUD YAW S' ETNEC ITSIXE ENILR GN OC OR ETERCN DA NEC IXE ENILRET GNITS YFFUD YAW S' 1/28/2019 9:48 AM LAST SAVED1/28/2019 9:50 AM LAWING, BRANDON PLOTTED BYK:\\FRI_SURVEY\\069306728-GOOD SAMARITAN EAST TRACT\\DWG\\069306728 PRELIMINARY PLAT.DWGDWG NAME: KAO ET YELSA OLLECITNOM S SSAB MA KAO T YELSAE OLLECITNOM SSAB MAS 5 W.O.R '0 . W SAG CA LLE E SSEC EMESA TN '93.688 '93.86 0.86 '0 '00.05 '00.05 .05 '00 '00.05 5 '00.0 .05 '00 '00.05 05 '00. 00.05 ' '00.05 05 '00. 00.05 ' '00.05 .05 '00 0.05 '0 .L.B '02 E.U '8 . 4 '37.8 7.297 '5 '00.05 05 E.U '8'00. ..05 '00 '00.05 5 '00.0 0.05 '0 '00.05 5 '00.0 297 05'57. '00. 5 '00.0 05 '00. 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L.B '01 .'56.74 55 '00. .55 '00 '00.55 .L.B '01'00.011 0.011 '0 01 .L.B ' '00.011 00.011 ' 11 '00.2 04 '65.2 92 '00.5 2 '00.59 EMMAH NIETSR 0.792 LUOB '0 DRAVE '44.45 5 '00.0 0.05 '0 '00.05 '00.05 0.05 '0 00.05 ' '00.05 0.05 '0 '00.05 '00.05 00.05 '8 '00.05.E.U ' '00.05 00.05 ' '00.05 5 '00.0 '00.05 8 '00.05.E.U ' '00.05 '00.05 05 '00. 00.05 ' '00.05'8 .05.E.U '00 2 .L.B '0 13L .E.U '8 2 .L.B '0 L.B '02 . 6 '99.3 00.05 ' '00.05 05 '00. 00.05 ' '00.05 05 '00. .05 '00 '00.05 '00.05 0.05 '0 '00.05 5 '00.0 .05 '00 '00.05 5 '00.0 0.05 '0 '00.05 '00.05 83.8152 03L' '00.05 05 '00. '00.05 '00.05 .05 '00 '00.05 OC AOR ETERCN D TNEC SIXE ENILRE GNIT AESA18-0003 Notification Map SKYSAIL 2181 " ) 02555101,020 Feet SITE µ Parcels Roads Date: 11/29/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Good Samaritan East Tract Neighborhood Meeting City of Denton Project No. AESA18-0003 Date: December 18, 2018 Time: 5:30-7:30 Type of Meeting: Neighborhood Meeting Meeting Location: Emily Fowler Central Library, 502 Oakland St., Denton TX 76201 Invitees: All property owners located within 500-feet of the subject tract. Applicant Representatives: 1.Thomas Fletcher, Kimley-Horn, Main Presenter 2.Bob Shelton, VS Development, Owner/Developer 3.Brad Shelton, VS Development, Owner Representative 4.Brandon Lawing, Kimley-Horn City Representatives: 1.Deborah Viera, Environmental Services 2.Christi Upton, Environmental Services 3.Ron Menguita, Development Services Meeting Agenda: A sign-in sheet was provided (attached) to document attendance. There were twenty- six names on the sign-in sheet including couples who provided both names. Based on attendance versus the number of names on the Sign-In sheet, I believe not all who attended signed in. An information sheet was provided (attached) to give background information on ESA and our request for an Alternative ESA Plan. As residents gathered, I went through the information sheet and discussed ESA’s and our proposed development. It was an interactive meeting with a lot of questions and input from the residents. Some of the items covered included the following: Existing Zoning of NR6 which allows a density of 6-units per acre versus the proposed development that is 3.1-units per acre. The existing zoning allows single-family development. The Developer’s desire is for an approval of AESA18-0003 so that he has continuity between the north and south portions of the project. This is important to create a neighborhood feel and is vital for marketing. Otherwise, potential residents would have to drive through the adjacent subdivisions to look at lots and access the southern portion of the development. The main concern that was voiced was traffic. The following traffic concerns were raised: o The existing streets are too narrow. o Cars parking on the streets exacerbate the problem. o Significant amount of cut-through traffic. o Lack of stop signs create intersection hazards. o Speeding - need traffic measures that will slow traffic. o Specific to the proposed project, there was significant concern about the primary access to the proposed development being through Forest Meadows and Lexington Park. The issues stated above would only worsen if the AESA Plan is not approved. o Forest Meadows residents do not want the connection of Hollister Lane with the proposed development. We let them know that we would discuss this further with the City to determine is eliminating this connection would be feasible. The connection is not required to meet the Fire Departments remote access requirement. There were questions about connection to Duffy’s Way and we summarized that is had been discussed with the City, Duffy’s Way is a private street owned by the Parks Department, and the City’s desire is that is remain private to minimize the traffic adjacent to the public park. There was one resident who went back to this several times during the discussion. Regarding the traffic concerns, I explained that the City of Denton has updated regulations and the ROW will now be 55’ versus 50’ and the street paving will be 31’ with a mountable curb versus 29’ with a standard curb. I also discussed that it was my understanding that the City has already hired a consultant for a TIA and possibly survey which is the first step of the planning and design process for moving toward the reconstruction of Ryan Road. I also shared an estimated time frame for plan preparation, approval, construction, etc. that would put subdivision completion sometime around late summer 2020 to fall 2020 which would likely mean residents beginning late 2020 or early 2021. We provided a sign-up sheet for those “In Favor” and “Opposed” to AESA18-0003. We let everyone know that it is voluntary if they want to state their position and that we would be sharing the information with the City. There were 22 people “In Favor” and 2 people “Opposed”. In conversation with the opposed, they live north of Ryan Road and did not want additional traffic entering at the intersection of Ryan Road and Monte Carlo. Attachments: The following is included as an attachment to this summary: 1.Neighborhood Meeting Mailer 2.Exhibit A – Vicinity Map 3.Exhibit B – ESA Impact Exhibit 4.Exhibit C – Land Plan with Riparian Crossing (AESA18-0003 approval required) 5.Exhibit D – Land Plan without Riparian Crossing (AESA18-0003 approval not required) 6.Information Sheet – AESA18-0003 – Good Samaritan East Tract 7.Neighborhood Meeting Sign-In Sheet 8.“In Favor” of AESA18-0003 Signature Sheet 9.“Opposed” of AESA18-0003 Signature Sheet Additional Meetings: It should not be necessary to have additional meetings. I provided my email address for future questions, comments or suggestions. Most of the attendees were in favor of approval of AESA18-0003. The primary follow-up item is the discussion of eliminating the connection to Hollister Lane if the AESA18-0003 is approved. If this is determined prior to the Public Hearing then it can be communicated then or through a follow-up email or mailer. Neighborhood Meeting Good Samaritan East Tract (Map Attached as Exhibit A) Alternative Environmentally Sensitive Area (AESA) Plan, Case No. AESA18-0003 Please join us on Tuesday, December 18th, any time between 5:30pm and 7:30pm to discuss a newly proposed single-family residential development at the southeast corner of the Ryan Road and Duffy’s Way intersection. Developer/Land Owner, VS Development, LLC, is proposing to develop the 44.973-acre property located at the southeast corner of the Ryan Road and Duffy’s Way intersection. The property is zoned NR-6 which allows for single family residential development up to 6-units per acre. The proposed development would be just over 3-units per acre which is almost half of what is allowed by right. Why are we hosting the Neighborhood Meeting? Because there is a tributary that crosses the property that is also City of Denton ESA designated as Stream-Riparian Buffer. To cross this ESA with a residential street (shown on Exhibit B), an Alternative ESA Plan approval is required. Since the approval is a Public Hearing and you will receive notification, we wanted to meet with the adjacent owners, discuss our two development options (Exhibit C and Exhibit D attached) and receive input/feedback for moving forward. VS Development, LLC will be located at the Emily Fowler Central Library (502 Oakland St., Denton, TX 76201) to host a brief, informal presentation highlighting the project, development options as well as answer any questions regarding the plan. We look forward to exchanging thoughts and opinions with our neighbors. In advance of the Neighborhood Meeting, I have included a few exhibits for reference: Exhibit A – Vicinity Map (location of the proposed development) Exhibit B – Proposed AESA Impacts (location of the proposed residential street crossing) Exhibit C – Land Plan with an approved AESA (preferred layout with direct access to Ryan Road for the entire development) Exhibit D – Land Plan currently allowed without an approved AESA (secondary plan if AESA is not approved. This plan requires primary access to the southern portion of the property through Forest Meadows and Lexington Park.) RYAN ROAD PRIMARY ENTRY HOLLISTER LANE EXHIBIT C Good Samaritan 5750 Genesis Court EAST TRACT Suite 200 Denton, Texas Frisco, Texas75034 972-335-3580 State of Texas Registration No. F-928 December 2018 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. ACCESS TO RYAN ROAD NORTHERN TRACT HOLLISTER LANE PRIMARY ACCESS TO SOUTHERN TRACT SECONDARY ACCESS TO SOUTHERN TRACT EXHIBIT D Good Samaritan 5750 Genesis Court EAST TRACT Suite 200 Denton, Texas Frisco, Texas75034 972-335-3580 State of Texas Registration No. F-928 December 2018 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. Information Sheet - AESA18-0003 – Good Samaritan East Tract 1.What is an ESA? ESA stands for Environmentally Sensitive Area. The City of Denton governs impacts to ESA’s within Subchapter 17 of the Denton Development Code. These include Developed Floodplain, Undeveloped Floodplain, Stream/Riparian Buffer, Wetlands, Water Related Habitat, and Upland Habitat. 2.What is an ESA assessment? An ESA assessment is a field study by a qualified professional to determine if there is the presence of ESA within a tract. An ESA assessment was conducted and determined that there is Upland Habitat and Riparian Stream Buffer within this tract. a.Upland Habitat – Cross Timbers habitat of ten contiguous acres or more. b.Stream/Riparian Buffer – Geographic feature that conveys flowing water. Buffer area is either 50’ or 100’ from the centerline of stream or edge of water depending on the drainage area within the basin. 3.What is an Alternative ESA Plan? An Alternative ESA Plan is a submittal to the City of Denton that proposes impacts to the ESA along with a plan to mitigate the proposed impacts. Impacts for development across Stream/Riparian Buffer require a Public Hearing at the Planning & Zoning Commission and City Council. Approval is required by City Council to allow impacts. 4.What is THIS DEVELOPMENT requesting? We are requesting neighborhood support of our Alternative ESA Plan (AESA18-0003) to cross the Stream/Riparian Buffer with a residential street to connect the north and south portions of our property for residential development. This request will be presented to the P&Z and City Council at a future hearing for comment and approval. 5.What are we requesting from the adjacent neighbors?Support of AESA18-0003. We have the right to construct the Layout shown in Exhibit D without the requirement of an Alternative ESA Plan approval. This plan is not the developer’s preferred plan. It creates a disjointed neighborhood with primary access through Forest Meadows and Lexington Park. The Layout shown in Exhibit C is the developer’s preferred plan for the following reasons: a.Creates continuity within the development between the portion of the tract north and south of the creek. b.Creates a “front-door” for marketing and access of the entire tract. c.Creates “view corridors” at the creek crossing for residents to enjoy the natural preservation areas. d.Discourages use of Forest Meadow and Lexington Park for access since these options are longer, require additional turning movements and stops. We are required to connect to the existing street stubs for Hollister Lane and Creekdale Drive, but traffic calming (slowing) measures can be used to further discourage cross-traffic. e.Proposes mitigation measures that include the removal on non-native invasive species, Chinese Privet, that are present within the Stream/Riparian Buffer. f.Proposes mitigation measures that include the planting of native plant material that will improve the health of the eco-system and restore it to a more natural condition with native plant material. 6.How can we be a good neighbor/developer? While I know it will be suggested that we do not develop this tract, that is not realistic. Are there suggestions that we can consider with our development that you would recommend? 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