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HomeMy WebLinkAboutAESA24-0001bORDINANCE NO. AESA24-000 lb AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROV[NG AN ECOLOGICAL MITIGATION PLAN FOR THE DISTURBANCE OF APPROXIMATELY 1.05 ACRES OF ENVIRONMENTALLY SENSITIVE AREA GENERALLY LOCATED 266.11 FEET EAST OF COUNTRY CLUB ROAD AND TO THE NORTH OF HOBSON LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPT[NG AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA24-0001 B) WHEREAS, the property owner Vandersmith Developers, LTD., (“Owner”), seeks to develop approximately 19.15 acres of property described in and exhibited on the map provided on Exhibit “ A” and attached hereto and incorporated herein by reference (the “Property“); and WHEREAS, in order to develop the Property, the Owner proposes to remove approximately 1.05 acres of Undeveloped Floodplain ESA, as described in and exhibited on the map provided on Exhibit “B” attached hereto and incorporated herein by reference and as defined in the Denton Development Code (“Undeveloped Floodplain”), from the Property; and WHEREAS, Owner has applied for an ecological mitigation plan (Alternative Environmentally Sensitive Area Plan) to relocate the ecological functions offered by the Undeveloped Floodplain ESA to “ESA Improvement Areas“ on two tracts as described in and exhibited on the maps provided on Exhibit “C” attached hereto and incorporated by reference; and WHEREAS, the purpose of the Alternative ESA Plan, attached hereto as Exhibit “D,” and incorporated herein by reference, is to detail the mitigation activities and maintenance obligations Owner has agreed to in order to facilitate removal of the Undeveloped Floodplain ESA by development of the Property; and WHEREAS, on October 9, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded full and fair hearings to property owners and interested citizens, and recommended approval with conditions (5–0) of the Alternative ESA Plan; and WHEREAS, on October 22, 2024, the City Council likewise conducted a public hearing as required by law, and finds that the request satisfies all substantive and procedural standards set forth in Section 2.8.4.D of the Denton Development Code, and is consistent with the Denton Plan; and WHEREAS, the City Council of the City of Denton, in considering the application for an Alternative ESA Plan for the Property, have determined that the proposed use for the Property and adoption of the Alternative ESA Plan 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 Alternative ESA Plan is in the public interest and should be granted as set forth herein with respect to the Property; 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 Alternative ESA Plan mitigates the impact of development of the Property and is hereby approved with the following conditions: 1. 2. 3. Land disturbances within Environmentally Sensitive Areas are limited to the Development Impact Area, on two tracts as described in and exhibited on the map provided on Exhibit“B” Grading for the ESA Improvement Areas, as described in and exhibited on the map provided on Exhibit “C” shall immediately commence upon permission from the City to clear and grade land for the development. All improvements described in Exhibit “D” shall commence prior to requesting Final Acceptance, or, upon written approval by the Environmental Services Director at a date of earliest weather-dependent availability, but prior to the issuance of the first building permit in the development. A minimum of one (1) educational sign shall be installed in a visible location. The sign shall be installed prior to the issuance of the first building permit in the development. Vegetation established as a part of the approved revegetation plan are to be seeded and maintained across a 0.8-acre area by the 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 Property Owner/developer to achieve a minimum 80% land cover rate. Following the installation and inspection of the revegetation, the Property Owner shall submit an annual report to the Environmental Services Director during the first three (3) years describing the cumulative mitigation work performed and the survivability of the plantings for staff review and inspection. Within 30 days of approval of the report by staff, the Property Owner shall replace any plants that were identified in the report as removed, destroyed, or dead. Upon receipt of the third annual report City of Denton staff will perform an inspection and, upon confirmation the conditions of this plan have been met, issue a letter of acceptance. A project component not having received a letter of acceptance will continue to be monitored and repaired until the conditions of the plan have been met. The Property Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the AES A Property, and the responsibility to implement and enforce the requirements of the Alternative ESA Plan, and cure any defaults of the Alternative ESA Plan. 4. 5. 6. 7. 8. SECTION 3. The City’s official ESA map is hereby amended to show the change in the Undeveloped Floodplain ESA. Page 2 of 4 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 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. 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 Jill Jester and seconded by Vicki Byrd, the ordinance was passed and approved by the following vote [ 7 - 0 ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X X Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 22nd day of October, 2024. Z GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN CITY SECRETARY Page 3 of 4 x„„-M„-. APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 4 of 4 Egg g gt ; g !! iF g P ! ! i F ! ! ! i ! i !! ii i : d q I I I b-– : „ i !!!!! g ;;}}\\ Exhibit "B" BEING a tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a called 27.32 acre tract of land described in Special Warranty Deed to Vandesmith Developers, Ltd., n/k/a Vandesmith Partners, Ltd., as recorded in Document Nos. 2002-82528 and 2002-82529, Official Records of Denton County, Texas, as affected by Correction Instrument recorded in Document No 2017-56075, Official Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a 1/2” iron rod found at the northernmost end of the westerly terminus of Hobson Lane (a variable width right-of-way), and at the southwest corner of Lot 6, Block A, of The Villas of Forest Glen, an addition to the City of Denton, Texas according to the plat thereof recorded in Cabinet V, Page 441, Official Records of Denton County, Texas; from which a 1/2" iron rod with damaged plastic cap found at the northwest corner of said Lot 6, Block A, bears North 00'02’45" West, a distance of 415.11 feet; THENCE North 19'37'12" West, departing said westerly terminus, over and across said 27.32-acre tract, a distance of 42.27 feet to the POINT OF BEGINNING; THENCE continuing over and across said 27.32-acre tract, the following courses and distances South 89'’15'44" West, a distance of 120.00 feet to a point for corner; South 00'44'16" East, a distance of 25.00 feet to a point for corner; South 45'44'16" East, a distance of 21.21 feet to a point for corner; South 89'16'08" West, a distance of 253.86 feet to a point for corner; North 08'’42'34" West, a distance of 18.70 feet to a point for corner; North 30'20'41" East, a distance of 1 31,42 feet to a point for corner; North 84'33'43" East, a distance of 175.04 feet to a point for corner; North 67'’40'15" East, a distance of 46.01 feet to a point for corner; North 50'16'02" East, a distance of 98.26 feet to a point for corner; South 00'44'16" East, a distance of 184.20 feet to the POINT OF BEGINNING and containing 45,828 square feet or 1.0521 acres of land :63:\:I'+/- ?if ’v REGISTERED PROFESSIONAL fSYLVIANA GU NAWAN bITgE{gIg!!;';1'4=='' Xii;fIll;i; PH. 972-335-3580 Hq S URNS sylviana.gunawan@kim ley-horn .com DU/ai4 2:53 PM K:\FRI_SURVEY\060001700-HOBSON LANE TRACT DENTON\DWG\0600017 DEVELOPMENT IMPACT AREA 1.0521 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY OF DENTON, DENTON COUNTY', TEXAS Exhibit ''B" NORTH I REMAINDER OF CALLED 27.32 ACRES VANDESMtTH PARTNERS. LTD DOC. NOS. 2002-82528 & 2002-82529 CORRECTION, DOC. NO. 2017-56075 0.R.D.C.T N84'33l43''E 175'04' N50'16'02"E' 98.26' Z LU --1 CD b- C/) LU ac0 LL LL0 C/) $-15 LU =b 1- cjd ac 0 -J'g (9a >- on<C) aal \I00r LU inr -\I RFa0 C/) < bZO0--1 on COt-0 --1 N67'40'15"E 46.01 ' DEVELOPMENT IMPACT AREA P.0.B 1.0521 ACRES 45,828 SQ. FT. N 1 9'37'12'W 42,27' SO'44'16"E. 25.00’ A:PHIWEKq1 kalai N8'42'34"W 18.70‘ 'S45'44'16"E 21,21' a:EmIl::a R= P.0.C HOBSON LANE CITY OF DENTON CAB. V. PG. 441 0.R.D.C. T,(VARIABLE WIDTH R.0.W.) mENTON, CAB. v, PG, 137, 0.R.D.C.T 5/8" IRFC "COX"BLOCK A, LOT 1 LIVE OAK CREEK RANCH VOL. V PG. 137 P.R.D.C.T. LEGEND A = CENTRAL ANGLE P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY. TEXAS 0.P.R.D.C,T. = OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS DEVELOPMENT IMPACT AREA 1.0521 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY' OF DENTON, DENTON COUNTY, TEXAS NOTES Bearing system based on the Texas Coordinate System of 1 983. North Central Zone (4202), North American Datum of 1983. [LEWDinMUM] 1”=60' 1 3RD 1 SG 1 Sep. 2024 DUNN. STACY 9/30/2024 2:53 PM K:\FRI SURVEY\06BSOENTON\DWG\06000170GHOBSON LANE ES3.DWG Project No. 1 Sheet No 060001700 1 20F2 Exhibit "C" BEING a tract of land sItuated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a called 27,32-acre tract of land described in Special Warranty Deed to Vandesmith Developers, Ltd., n/k/a Vandesmith Partners, Ltd.. as recorded in Document Nos. 2002-82528 and 2002-82529, Official Records of Denton County, Texas, as affected by Correction Instrument recorded in Document No. 2017-56075, Official Records of Denton County, Texas, and part of a called 9.58-acre tract of land described in the Special Warranty Deed to Vendesmith Partners, Ltd., recorded in Document No. 2017-54443, Official Records of Denton County, Texas and being more particularly described as follows BEGINNING at a 1/2” iron rod found at the northernmost end of the westerly terminus of Hobson Lane (a variable width right-of-way), at the southwest corner of Lot 6, Block A, of The Villas of Forest Glen, an addition to the City of Denton, Texas according to the plat thereof recorded in Cabinet V, Page 441, Official Records of Denton County, Texas; THENCE departing said westerly terminus and over and across said 27.32-acre tract and said 9.58-acre tract, the following courses and distances: South 89'15'44" West, a distance of 1 1 8.68 feet to a point for corner; North 45'44'16" West, a distance of 21.21 feet to a point for corner; North 00'44'16" West, a distance of 25.00 feet to a point for corner; North 89'15’44" East, a distance of 120.00 feet to a point for corner; North 00'44'16" West, a distance of 250.00 feet to a point for corner; South 89'15'44" West, a distance of 120.00 feet to a point for corner; North 00'44'16" West, a distance of 39.81 feet to a point at the beginning of a tangent curve to the left with a radius of 227.50 feet, a central angle of 08'52'28", and a chord bearing and distance of North 05'10'30" West, 35.20 feet; In a northwesterly direction, with said tangent curve to the left, an arc distance of 35.24 feet to a point for corner; North 27'43'24" East, a distance of 15.63 feet to a point at the beginning of a non-tangent curve to the left with a radius of 227.50 feet, a central angle of 04'14'09", and a chord bearing and distance of North 62'56'28" East, 16.82 feet In a northeasterly direction, with said non-tangent curve to the left, an arc distance of 16.82 feet to a point for corner; North 60'49'24" East, a distance of 52.84 feet to a point at the beginning of a tangent curve to the right with a radius of 172.50 feet, a central angle of 25'16'39", and a chord bearing and distance of North 73'27'43" East, 75.49 feet; In a northeasterly direction, with said tangent curve to the right, an arc distance of 76.10 feet to a point for corner; THENCE South 00'02'45" East, at a distance of 16.74 feet, passing a 1/2" iron rod found with a damaged plastic cap found at the northwest corner of said Lot 6, Block A, on the south line of said 9.58-acre tract tract, continuing with the west line of said Lot 6, Block A, in all a total distance of 431.86 feet to the POINT OF BEGINNING and containing 25,685 square feet or 0.5896 acres of land. ESA IMPROVEMENT AREA Haha SYLG/ANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKVW., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn .com n 0.5896 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 SYLVIANA GUNAWAN CIPr OF DENTON, DENTON COUNTY, TEXAS au= lb6461 EMU EBHmHB! N/A C SRD Date M 060001700 Sheet No DUNN, STACY 9/30/2024 2:52 PM K:\FRI SURVEY\060001700-HOBSON LANE TRACT DENTON\DWG\06000170&HOBSON LANE ESI.DWG SG Sep. 2024 1 OF 3 Exhibit "C" MATCH LINE (SEE SHEET 3) nl•Hl• I 00 <=> LOhI BI iDrIIqr a0Z CO00 Fa) qF LU tosr a\I0 C:)la) REMAINDER OF CALLED 27.32 ACRES VANDESMITH PARTNERS, LTD DOC. NOS. 2002-82528 & 2002-82529 CORRECTION, DOC. NO. 2017-56075 0.R.D.C.T.GRAPHIC SCALE IN FEET ESA IMPROVEMENT AREA LOT 6, BLOCK A 0.5896 ACRES 25,685 SQ. FT. THE VILLAS OF FOREST GLEN CAB. V, PG. 441. 0.R.D.C.T. NO'44'16"W' 25.00‘N89'15'44'’E 120.OO' P.0.B. b:PHbWEKql- Il:HiI [ q 1 / 2 1 1 1 R F CITY OF DENTON CAB. V, PG. 441 0.R.D.C.T. N45'44’ 1 6"W' 21.21' HOBSON LANE (VARIABLE WIDTH R.0.W.) (ENTV, PG. 137, 0.R.D.C.T, BLOCK A, LOT VOL. V PG. 137 P.R.D.C.T LIVE OAK CREEK RANCH 1 LEGEND A = CENTRAL ANGLE P.0.C. = POINT OF COMMENCING P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS 0.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS. DENTON COUNTY, TEXAS ESA IMPROVEMENT AREA 0.5896 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY OF DENTON, DENTON COUNTY, TEXAS NOTES Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983. ILb 1"=60' 1 SRD I SG 1 Sep. 2024 0 2C T DENTON\DWG\060001700-HOBSON LANE ESI.DWG FaalalILn@ 060001700 1 2 OF 3 Exhibit "C" CALLED 9.58 ACRES VANDESMITH PARTNERS, LTD DOC. NO. 2017-54443 0.R.D.C.T.A=25'1 6'39" R=172.50' L=76.10' CB=N73'27'43"E R;227.50' A=4'14'09"C=75.49 6.74' 1/2" IRFC (DAMAGED CAP)CB=N62'56'28"E C=16.82 L=16.82' 7) 11ED ( bIT) \ XI a 11JJ (D J- D ILIaZ aEIJX a 1---1 aS QC LUZ 1- nc<a :[1- = C/) LUaZ g a)al LO a\100I (\100nI ad 00 OJK) ON 00Ir\100Cq C/)0Z O0a LON010 10IbF0al N27'43’24''E 15.63' /'N60'49'24"E /52.84 / / / IMPROVEMENT AREA 0.590 ACRES 25,685 SQ. FT. 0Z C)0a /0FO LU a( nd0 C) 1- cSa 0(0 A=8'’52'28' R=227.50' 'NO'44'1 6’'W 39.81 / L;35.24’ CB=N5'1 O'30'’W C=35.20' LOT 6, BLOCK A THE VILLAS OF FOREST GLEN CAB. V, PG. 441 O.R.D.C.T. n•===nl• MATCH LINE (SEE SHEET 2) LEGEND A = CENTRAL ANGLE P.0.C. = POINT OF COMMENCING P.0.8. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND D.R,D.C.T. = DEED RECORDS OF DENTON COUNTY', TEXAS 0.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS ESA IMPROVEMENT AREA 0.5896 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY OF DENTON, DENTON COUNTY, TEXAS NOTES Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983. [LII –B- 1"=60' 1 SRD I SG 1 Sep. 2024 ihl#111. M 060001700 1 30F3 Exhibit "C" BEING a tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a called 27.32 acre tract of land described in Special Warranty Deed to Vandesmith Developers, Ltd., n/k/a Vandesmith Partners, Ltd., as recorded in Document Nos. 2002-82528 and 2002-82529, Official Records of Denton County, Texas, as affected by Correction Instrument recorded in Document No. 2017-56075, Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2” iron rod found at the north end of the westerly terminus of Hobson Lane (a variable width right-of-way), at the southwest corner of Lot 6, Block A, of The Villas of Forest Glen, an addition to the City of Denton, Texas according to the plat thereof recorded in Cabinet V, Page 441, Official Records of Denton County, Texas; from which a 1/2" iron rod found at the northwest corner of said Lot 6 bears North 00'02'45" West, a distance of 415.11 feet; THENCE departing the west IIne of said Lot 6 and said westerly terminus, over and across said 27.32 acre tract, North 67'23'24" West, a distance of 215.00 feet to the POINT OF BEGINNING; THENCE continuing over and across said 27.32-acre tract, the following courses and distances: South 43'’45'55" West, a distance of 98.44 feet to a point for corner; South 89'’15'44" West, a distance of 140.73 feet to a point for corner; North 00'03’29" East, a distance of 34.76 feet to a point for corner; North 88'40'09" East, a distance of 82.50 feet to a point for corner; North 01'31'59" West, a distance of 34.39 feet to a point for corner; North 89'10'03" East, a distance of 127.22 feet to the POINT OF BEGINNING and containing 9,382 square feet or 0.2154 acres of land . ESA IMPROVEMENT AREA 0.2154 ACRES WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY OF DENTON, DENTON COUNTY, TEXASaka" REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKVW., SUITE 210 FRISCO. TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn .com SYLVIANA GUNAWAN Q&ii. Rib DUNN. STACY 9/30/2024 2:52 PM K:\FRI SURVEY\060001700-HOBSON LANE TRACT DENTON\DWG\060001700-HOBSON LANE ES2.DVVG < bZO0 --1 on 10 1-0-J LL0 C/)<-1 --1 > LU:[1- Z LU-J (9 F- C/) LU nc0LL rsrV CDa >- fri <C) 6: Ego Fec/)a)<dEZh-h- cja nc 0 < LUnc< b-Z LU2 LLI>0 nca S ==•Hll• < C/) LU 1-O $1- C/) on< > LU> nc3 C/)J LU <a E <(-J-J =n•Hll•g ==••ll•Z 9b-Z30 C) Z0 IZ LUa /0h-Z LUa LL0 >-F- O I I LLa( U) LU acO< qr LOrr\I0 bI LL 'S LP /Un9VIZOaON C) I g-: IB : k # a I LUZ<--1 Z0 C/) on0 = = a LU --1 on< nc g n\ B 0rt F- g Shad I I I \ B to LOto ga i/ILU luIlz S20 C/) on0Id0b00 g ga210It-Z ILOab !:a(F- LUZ < Z0V) an0rd6N0608 F;LU > a(3 Ic/) IE gZ Sa P! El a g >C) < IC/) ZZ3a a I C/) < >< LUt-- > Z h- gOg38 >C) <1 dEg g do ; dE F:< 16 a LU V) r)< LT)r a)00a) bg 86Ek8 'i ti:# i§£t-b E 111Zn ggBg g gEN cag; C/) LLI1-0Z liOn +!qjL4X3 Exhibit "D" Alternative Environmentally Sensitive Area (AESA) Plan Hobson Lane Tract Approximately 18.5 Acres Denton, Denton County, Texas August 30, 2024 igF Project Owner: Grand Homes Development, LLC Prepared By: Kimley '»Horn Dallas. Texas Kimley *»Horn TABLE OF CONTENTS 1.0 – iNTRODUcrioN AND AUTHORITY/PURPOSE AND NEED FOR AcrioN ...................................................... 1 1.1 – Description of Overall Development.....,............................................................................................. 1 1.2 – Existing Site Description .................................................................................................................... 1 1.3–PurF30seo/AfSA................................................................................................................................ 2 2.0 – AFFECrED ENVIRONMENT AND SUMMARY OF iMPAcrs ....__....._....___._.___.__.__.__._.....___..___. 2 3.0 – MITIGATION ACrlVITIES........................................................................................................................... 3 3.1– Proposed Revegetation ..................................................................................................................... 3 3.2 – Proposed Rain Garden.......................................................................................................................4 4.0 - MAINTENANCE PLAN ..___._..__.........._.______._.......___.__.._..___....._..___.._..._____....____....._. 4 5.0 - COMPLIANCE WITH AUTHORITIES............................................................................................................4 6.0 – ANNUAL REPORTING __...._..__.__.___.._.___._...___.____._._____._.._.._._._______.__....____...._4 7.0 – CRITERIA FOR APPROVAL......................................................................................................................... 5 7.0 – SUMMARY __..........__..__....___....._.._.._......_.._._._.__._.__.._._..._._._..._._.._.....___..........._._.._.. 6 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 7524'0 Kimley $Horn FIGURES FIGURE 1 : VICINITY' MAP FIGURE 2: CITY MAPPED ESAS FIGURE 3: ONSITE ESAS AND AQUATIC FEATURES FIGURE 4: PROPOSED ESA IMPACTS FIGURE 5: AESA PROPOSED MITIGATION APPENDICES APPENDIX A: ESA ASSESSMENT FORMS APPENDIX B: TREE PRESERVATION PLAN I:3455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas. TX 75240 Kimley >)>Horn Page 7 Alternative Environmentally Sensitive Area (AESA) Plan Hobson Lane Tract Denton, Denton County, Texas 1.0 – Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates Inc. (Kimley-Horn) has prepared the following Alternative Environmentally Sensitive Area (AESA) Plan. This AESA report is being submitted to the City of Denton under the Denton Development Code (DDC) to request approval for impacts to Environmentally Sensitive Areas (ESA) This AESA Plan proposes mitigation measures for the impacts required to construct a private Residential Housing Development for Grand Homes Development, LLC. As part of this development, right-of-way will be dedicated to the City of Denton for Hobson Lane. Hobson Lane is a secondary arterial on the city’s Mobility Plan. Pursuant to DDC, the disturbance of Undeveloped Floodplain is a permitted activity for the placement of the single-family residential development and for construction of roadways identified on the Mobility Plan if the disturbed area is restored to minimize erosion and promote the recovery of the ESA. The mitigation actIvities offered as a part of this AESA would achieve this goal. 1.1 – Description of Overall Development The proposed Hobson Lane Tract project is approximately 18.5-acres in size generally located north of Hobson Lane and east of Fort Worth drive (US 377) in the City of Denton, Denton County, Texas (Figure 1) The proposed project is a single-family residential housing development that overlaps an area of Undeveloped Floodplain ESA (ESA24-0010). Construction activity will consist of housing lots, stormwater infrastructure and associated riprap, roads, sanitary sewer lines, water lines, and green spaces for ESA mitigation. The current zoning for this tract is Residential (R6) which allows for the proposed development (224-0003) 1.2 – Existing Site Description The project area consists of a maintained upland field. Kimley-Horn Environmental staff conducted a site visit to the project area on February 21, 2024, to assess the presence of ESA habitat on site Undeveloped Floodplain ESA was generally mapped following the FEMA Zone A: Unstudied 100-Year Floodplain. The assessed ESA area located on an upper reach of the Hickory Creek – Little Elm Reservoir watershed (USGS Hydrologic Unit Code (HUC) 1203010308), was not observed to surround a channel and appeared to be dominated by lawn grass (Zoysia sp.) . During site reconnaissance, two swales were observed within the project area, one being within the Undeveloped Floodplain ESA (Figure 3). Water appeared to travel south via overland flow until intersecting the observed swale in the southeastern portion of the site within the floodplain area. The overall basin contributing to the upper point of the FEMA Zone A Floodplain is 0.1957 square miles. The approved CLOMFR (CL24-0001) resets the starting FEMA floodplain to the downstream side of Hobson Lane. Additionally, there are ten (10) trees located within the ESA, consisting of post oaks along the eastern boundary and a single pecan located in the open. The pecan will be removed for construction of the drainage improvements, but all post oaks within the ESA will be preserved Kimley »>Horn Page 2 1.3 - Purpose of AESA The purpose of the AESA Report is to propose mitigation for the impacts to the Undeveloped Floodplain ESA caused by the construction of the residential development. Impacts to the ESA include earthwork, utility, and paving construction improvements. Because the ESA is currently utilized for 1 hay production, mitigation measures will propose measures in line with the objectives of the Denton Development Code and utilize plant material more appropriate for this region The mitigation activities will include creation of a rain garden and two designated green spaces planted with native trees, shrubs, grasses and forbs. The rain garden, located outside the original floodplain limits, will be constructed to increase permeable surface, retain and treat stormwater, and absorb pollutants from the surrounding area (see detail below for Me rain garden) . The location of the rain garden was selected for its ability to intercept natural runoff prior to capture in an underground drainage system. The green spaces will be planted with native woody species such as cedar elm, pecan. and Mexican plum and seeded with native grasses and forbs to provide improved habitat for pollinators, birds, and other small wildlife species. As mentioned above, existing post oaks located within the ESA will be preserved. The restoration plan will be provided to the City of Denton for formal notification and review of the proposed restoration activity. Additional project information is available from City of Denton Case Number ESA24-0010, 224-0003 DSA24-0007, CL24-0001, , PP24-0003 POND iNG DEPTH SLOPE SIDES (TVP. ) NATIVE PLANTING BERN,t AS NEEDED COMPACTED FILL EXCAVATE AT STABLE SLOPE=:r L /,IA INFILTRATION RAIN GARDEN W/ PLANTING SOIL LI MF 2.0 – Affected Environment and Summary of Impacts In order to construct the single-family residential area, mass vegetative clearing across the majority of the site is proposed. WIthin the Undeveloped Floodplain ESA specifically, one access road, approximately four housing lots1 and a stormwater drainage structure and ouKall will be constructed and will be considered permanent impacts to the ESA. Two green spaces, both visible and accessible from Hobson Lane1 will be established within the ESA. These green spaces will be planted with native vegetation as shown on the attached Landscape Plan (Appendix B) Impacts are anticipated to the entire 1.46 acres of Undeveloped Floodplain ESA (Figure 4)' This area consists of 0.41 acres that will be within the proposed ROW of Hobson Lane which is a secondary arterial on the city's mobility plan and 1.05 acres from the construction for a single-family development. 1.46 acres will be permanently removed, and 0.80 acres will be improved and restored following the initial clearing 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas. TX 75240 Kimley ')>Horn Page 3 Based on the tree inventory completed prior to the preparation of this plan, tree species within the impact area included pecan (Carya illinoinensis) and post oak (Quercus stellata) , labeled on the tree preservation plan (Appendix B). These trees are typical of the Eastern Cross Timbers historical ecoregion and can serve as habitat for native pollinators, birds, and wildlife species. Tree distribution on site appeared to be sparse, and no contiguous forested areas were observed. The lone pecan will be removed for drainage improvements, and all post oaks are to be preserved. The trees to be preserved are described in Table 1 below Table 1. Tag# Summary of individual DBH (caliper inches) 19.5 11.0 19.3 23.8 19.2 16.7 9.4 9.1 10.1 16.6 16.8 15.3 19.5 206.3 trees tagged within the Undeveloped Floodplain ESA area. Common Scientific Condition Name Name Pecan Carya illinoinensis Post oak Quercus stellata Post oak Quercus stellata Post oak Quercus stellata Post oak Quercus stellato Post oak Quercus stellata Post oak Quercus stellata Post oak Quercus stellata Post oak Quercus steIEata Post oak Quercus stellato Post oak Quercus stellata Post oak Quercus stellata Post oak Quercus stellata Protection Status Removed Protected Protected Protected Protected Protected Protected Protected Protected Protected Protected Protected Protected 7685 7770 7771 7772 7773 7774 7775 7776 7777 7778 7779 7780 7781 Total Healthy Healthy Healthy Healthy Healthy Healthy Healthy Healthy Declining Healthy Hazard Healthy Healthy 3.0 – Mitigation Activities Following the impacts within the green spaces the areas will be revegetated with native grasses and native woody seedlings, based on the plan described below. 3.1 - Proposed Revegetation Native Sun Turf Mix including grass species such as little bluestem (Ch izachyrium scoparium) , buffalograss (Bouteloua dactyloides) , indiangrass (Sorghastrum nutans) , and sideoats grama (Bouteloua curtipendula) and forbs such as black-eyed susan (Rudbeckia hirta) , indian blanket (Gaillardia pulchella) , bluebonnet (Lupinus texensis), and purple coneflower (Echinacea purpurea) will be seeded within planting Zone 1 to provide a protective ground cover and restore the area to resemble a pocket prairie space within the Eastern Cross Timbers region, where the site is located. This designated planting area is called out as Zone 1 on the landscape plan (Appendix B) Approximately 0,80 acres of the Undeveloped Floodplain will be restored as designated green spaces (Figure 5). Another 0.12 acres near Hobson Lane and the access road will be planted with Bermuda grass. These areas are called out as Zone 3 on the landscape plan (Appendix B). The seed mixes will be sown via drill-seeding following final grading. In the interim, temporary non- invasive vegetative cover approved by City Staff will be established by hydro-mulching or installing erosion control blankets. This area will be irrigated. An initial site visit by Kimley-Horn environmental staff will be performed following the completion of the seeding and prior to the first annual monitoring event. Klmley-Horn staff will perform additional site visits as necessary during the first annual monitoring period 13455 Noel Road, Two Galleria Office Tower. Suite 700, Dallas, TX 75240 Kimley »>Horn Page 4 3.2 – Proposed Rain Garden The proposed rain garden will be approximately 10,15 acres of coverage. The rain garden will have a depth of approximately 12-24 inches. This equates to a total volume of about 6.534 to 1 3, 068 cubic feet. The area within and surrounding the designated rain garden area will be seeded with Wetland Fringe Mix1 which includes tall goldenrod (Solidago altissima) , Illinois bundleflower (Desmanthus illinoensis) clasping coneflower (Dracopis amplexicaulis) , and other moisture-tolerant forb species. Designated planting areas are visible in zone 2 on the landscape plan (Appendix B). 4.0 - Maintenance Plan The maintenance plan for the Rain Garden that will be provided to the future HOA will be as follows • • • • • The rain garden shall maximize the use of natural runoff. It will need to be watered periodically during the dry season to maintain the life of the plants within the rain garden. Inspect the site following rainfall events. Add and or replace vegetation in any eroded areas as needed Prune and weed to maintain appearance monthly. Replace mulch as needed each spring and fall. Inspect the rain garden for dead or dying vegetation annually. Replace vegetation as needed The maintenance plan for the overall ESA that will be provided to the future HOA will be as follows: • Inspect for invasive species and remove them. • Assess habitat health and check for signs of erosion or damage. • Remove debris from the area. The HOA will contract with landscape and/or arbor icultural companies to maintain all the open spaces in the development, including this ESA and rain garden maintenance plan. The HOA will base their fees from the resIdents based on cost of the landscape companies and will therefore fund any necessary maintenance 5.0 – Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the AESA mitigation activities have been completed, the City of Denton will be notified that the restoration activities have been completed. 6.0 - Annual Reporting The applicant will prepare an annual report each year for three consecutive years, beginning 12 months following 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 planting, and presence of trash within the adjacent stream channel. The site visit will be at the end of the growing season, approximately in October, each year and the report will be submitted to the City of Denton on November 15th of each year. The first two annual reports will contain action items that may include: the implementation of additional erosion control, re-planting the seed mixtures as needed, removing weeds within the planted areas fence repairs or removal of construction debris wIthin the ESA, Rain Garden and adjacent swale Upon completion of the three-year monitoring and reporting period, the City of Denton Environmental Services will inspect the plantings in both the seeded area and the Rain Garden to determine if at least 85% of the plantings are healthy and have a reasonable chance of sustained cover or survival. If this 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas. TX 75240 Kimley »>Horn Page 5 criterion is met, the City will issue final acceptance of the project. However, if more than 15% of either area is found to be diseased or lacking potential for sustained growth, the applicant will be notified to reseed those problematic areas using an appropriate seed mix based on current field assessments. If the applicant fails to take remedial steps to bring the property into compliance, the City may pursue legal remedies to enforce this provision. Annual reports detailing the condition of the plantings must also be submitted to the City for review, 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 7.0 – Criteria for Approval The following outlines the criterial for approval of an AESA Plan and the project aspects that meet each criterion 1. Mitigation goals are obtained by creating, expanding and/or improve non-impacted areas The proposed AESA proposed to mitigate the impacts to the Undeveloped Floodplain ESA from the construction of a residential development by drill-seeding two green spaces with Native Sun Turf Mix to both provide protective ground cover and a functional pocket prairie ecosystem While the construction activity will result in impacts to the existing ESA, the new green spaces will be seeded to create a native vegetative community that will better serve pollinators, birds, and small mammals. The rain-garden, established outside of the Undeveloped Floodplain ESA, will serve as increased permeable surface to better handle stormwater flows in the area and as a means to naturally retain and treat stormwater. Biodiversity and habitat diversity will be increased through the planting of native vegetation where it did not previously exist. 2. Mitigation goals are obtained by preserving environmentally sensitive areas above the minimum requirements. Installation of green infrastructure, which creates natural areas in the urban, suburban or industrial landscape so that some critical environmental functions can be replaced. Once revegetated, the native grasses planted within the green spaces will provide vegetative cover and forage for native insects, birds, and small mammals, and promote the native herbaceous community within the ESA. The rain garden and stormwater structures will prevent negative impacts from increased flows through the ESA 3. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. The Undeveloped Floodplain ESA is adjacent to unassessed Riparian Buffer ESA and Floodplain ESA. The enhancement of the habitat and the treatment of water by the rain garden within the Undeveloped Floodplain ESA onsite will serve to protect the waterway downstream 4 Development is arranged for maximizing access and utilization of the ESA by citizens. Site layout provides two green spaces approximately 0.80 ace total, that will provide several right-of-way viewpoints to the ESA. Vegetative restoration will allow native species to access habitat that previously did not serve them. 13455 Noel Road, Two Galleria Office Tower, Suite 700. Dallas. TX 75240 Kimley »>Horn Page 6 5.Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, restrictive covenants, or such other legal mechanism to allow for the long-term conservation of said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the ESA and shall run with the land and be binding upon all successors and assigns of the current owner. The preserved and restored ESA area will be placed in a homeowner’s association lot for long term conservation. HOA representatives will be responsible for any upkeep to the AESA area outside of yearly monitoring 6. The AESA plan shall dernonstrate that the developer’s alternative proposal results in a highquality development meeting the intent of the standards in the DDC. The AESA has been designed to minimize the impacts to ESA necessary to meet the residential development design standards for the overall development and proposes to mitigate for the impacts by revegetating portions of the constructed areas and creating a rain garden, creating higher-quality habitat and a higher-functioning floodplain. As such the proposed development meets the criteria for approval for an AESA. 7.0 – Summary The impacts proposed to the Undeveloped Floodplain ESA is 1.46 acres consisting of 1 .05 acres from the construction of infrastructure for single-family residential development including driveways, storrnwater drainage lines, water and sanitary sewer utilities and 0.41 acres from the development of Hobson Lane a secondary arterial on the city's mobility plan. The mitigation for the impacts to the Undeveloped Floodplain ESA will consist of drill-seeding the green spaces within the ESA impacted by the construction with native seed mixtures to provide protective ground cover and increase biodiversity The native grasses planted within the green space will provide vegetative cover and forage for local wildlife and promote the historical native herbaceous community within the ESA 13455 Noel Road, Two Galleria Office Tower, Suite 700. Dallas. 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Features of substantially similar characteristics and location may be grouped together on one form. More information about Undeveloped Floodplains and assessing this feature may be found on the City of Denton w_e_bpaqe, Property Address or Property ID: R 36211 Property ID can be found through Denton Central Appraisal District Feature ID(s): Provide a unique ID for each feature when multiple features are assessed Hydrologic Segment Information: Name: S1 When available, stream segment name. Width 4 Approximate stream width. Order 1 Stream order. Assessment Conclusion: Select one of the following. Z IS an ESA. Based upon this assessment the area is an Undeveloped Floodplain ESA. I recommend the Official ESA Map be updated to confirm the ESA designation in this area NOT an ESA. Based upon this assessment the floodplain is developed. I recommend the Official ESA Map be updated to remove the ESA designation from this area. Assessment Comments Provide a summary of details found in the field to support the conclusion selected above. Assessing a portion of the Hobson Lane Tract project that contains unassessed floodplain ESA area mapped by the City of Denton. This area surrounded swale SW2 which was observed during site reconnaissance. The undeveloped floodplain ESA area appeared to be a maintained field historically planted with Zoysia grass and currently also occupied by native herbaceous vegetation. Attachments Provided: R e q u i r e d : ; :: iT: al: as : e 1m; pp h o : gTa:: : tr : : : s: fn :::fvu::ffeatPuITO sed map of feature Other: Field Assessor: Name of Field Assessor: Alex M. Brown Affiliation of Field Assessor (Organization): Kimley-Horn and Associates Date the assessment was performed: 2-21-2024 I certify that the information provided here is an accurate description of the area(s) assessed. Environmental Services Representative: I concur with the description of this ESA and conclusion of this assessment Version 5, Jan. 2022 City of Denton Floodplain ESA Assessment Form Page 1 of 2 Section 1. General Information General Land Use: Provide description of land hydrologically inHuencing feature. Select all that apply and provide more details as appropriate Forest Briefly describe Agricultural: 7 Pasture – Fallow – Crop, crop type: Residential: 1 Low Intensity : High Intensity Commercial/Industrial Recreational 7 Other:maintained field Soil Map Unit Name(s): Provide soil classification types where feature occurs. 37: Gasil-Urban land complex, 1 to 4 percent slopes Section 2. Floodplain Conditions Are there modifications (cut/fill) of the floodplain? Describe: Are there structures in the floodplain? Describe: yes (answer question below) 7 no none visible yes (answer question below) 7 no culvert present off site to south for road crossing Waterway present: / yes (complete the table below and RiparIan Buffer ESA form) – no Waterway 7 natural –channelized – impounded Sinuosity – meandering – braided 7 straight Section 3. Soil Erosion and Deposition Is there evidence of sheet flow across the floodplain? Active sheet flow erosion is: Is there evidence of concentrated flow? Active concentrated flow erosion is: / yes (answer question below) no 7 slight – moderate – severe I yes (answer question below) _ no – slight 7 moderate – severe Does the floodplain slope to the waterway or is a natural levee present? 7 toward – natural levee. Complete the table below. Does natural levee create conditions for water-related habitat?_ yes (complete Water-Related Habitat form) / no Section 4. Brief Vegetation Survey List all vegetative species covering >10% of the feature area rlarrle Zoysia sp Stellaria media Artemisia vulgaris Amorpha canescens Rumex crispus Sesbania herbacea Common name common chickweed cornrnon mugwort leadplant curly dock bigpod sesbania Version 5, Jan. 2022 City of Denton Floodplain ESA Assessment Form Page 2 of 2 Appendix B SITE PLAN LANDSCAPE PLAN TREE PRESERVATION PLAN Naia IS IUO ] JO SVllIA 3HI 'l'o'a'u'o 'bhp 'Od 'A '8VO gE b,g;!!!, i F g:;!!; i !)Ali 80Vd 11 g : iIB ; i§g i g B }$ A g g c( 8 a)b0--1 lg ! g a HI : y lg gE by g P E 9 £ ig g Z0FBar\i<1' bi2Jg C/) >g (\I IIN :iT! g acE doh> LU $ ac –--------–---------lvaTo-- ----------–----- ZP PPS-Z bOZ 'ON 'ooa =+"B S3U9V ze-zz allava JO d3aNlvm3u all SU3NIUVd Hilms]aNVA ;B 9i !i i B egI N319 IS3UOJ JO SUlIA 3HI 'i'9'a'u-o 'LW '9d 'A '8VO g 8 9 iF:gg;}{;a( P a i 1I ;} iF} ;g !!!!!! ;ib g ;; ; g:1 b-cjfi acC -J a C/) (9ZFZ Sa g2 LUaI(9ZiZ0 Bt-.J LIZ g Bi gI gg g g Z0Faa < C/) g C/) g _ avon NnxNv:issibu al CyCN (9a a- J0 > F)}-Q t: C)d alC I I I II I II I I I II II I I I !oeQ§ 20F BIahI< bEL)Jg {\Ia\I eu (9a L- J 9Ulaa –---–---–-----–--–Jluavo--–––------––-b--\ ZPybS-ZIOZ 'ON '90a 011 SU3NIUVd HllWs3aNVA \ \ I I S3U3V ze- ZZ Gallvo JO u3aN+vw3u !! i;!! !!!! !i i?? i # ! i ! ! ! :1 E jn ! ; } :i&1: g - iI: I l i M Es}H : g ;; ! q I iii P ;1 li ;::+{ U ! ii i; Pg;: HPa i};i: I I ----gi ii;[- iLL T a :in ! ! ! ! i !! i gig6 g ! iF:II ;; ;;!! !!IS :i ; }H ! ! ::: iI ; ;;;;:. jjg;;i E gW 3 !! 1I B 8l8l8l81TEn!iiI: IiI:l8l1l8 :]nH 11iI ! gjg!a dir=#B 1:1 gIgI gIgI gIgI 1;iiI gjgI gIgI gIgI WM :WIMM ':jgjgl gjgI IgIg gIgI 8l8l31 iIi IaiN–a HI $ 1 S 1 gl :if it gI iI : ! :HW 5a :1 :11 {EBM!!! !fjg {a !!!! ilit if i }]}k]}Li ! !I [ it 1 1 1 IB big itlfiji iF: i }fgggg:gil!!i gag!eRIE Aai @iIiiHI!F;Iii{gIg! i ! ifi iI iI it :liggg{ ;IiI ;l ;A !i ; 1 ; ; jIg if Jj{ hI II$111}IT!!!!1l2l2l:I Bill IiI:1: 21i !!iIil3l3 g B I R : : 1 : 168rFJ ! ! ! !!! !! ! ! ! ! ;};? d ; ! !A;IIg! ! ! !ali b<BO i\Id i i ; ! ! ! in E '0 E :J ; SHg !@ # ir I I I I Z etH(90 Sad bIg I I I E 1 M< bCO 9 on 10 1-0 ,-1 I III 11 \\ \ '\ \ J \\ I : : IT II \ 1 : =g &+1 I \ ; b EXEdsriP i < '+b( t $ X LC)F) I t I I I I H B avoN NOANVOEtNVU9 B iiI i , - T–--–--–--–B2 ! ! 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