HomeMy WebLinkAboutAESA24-0004bORDINANCE NO. AESA24-OO04b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE
ENVIRONMENTALLY SENSITIVE PLAN TO OFFSET THE REMOVAL OF 1.92 ACRES OF
ENVIRONMENTALLY SENSITIVE AREAS (ESAS). THE SUBJECT SITE IS ON
APPROXIMATELY 84.14 ACRES OF LAND LOCATED WEST OF INTERSTATE-35 AND
1,900 FEET SOUTH OF THE INTERSECTION OF STATE HIGHWAY 288 AND
INTERSTATE-35 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING 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-OO04B)
WHEREAS, on behalf of the property owner, Urban Logistics Realty, seeks to develop
approximately 84.14 acres described in Exhibit “A” and depicted on the map provided on
Exhibit “B” and attached hereto and incorporated herein by reference (the “Property”); and
WHEREAS, in order to develop the Property, the Owner proposes to remove 1.92 acres
of Water-Related Habitat from the Property; and
WHEREAS, the owner has applied for an Alternative Environmentally Sensitive Area Plan
(hereafter, the “AESA Plan”) pursuant to Chapter 2.8.4 of the Denton Development Code, to restore
the ecological functions provided by the removed Water-Related Habitat on AES A Property
described in Exhibit “C” and depicted on the map provided on Exhibit “D” attached hereto and
incorporated herein by reference; and
WHEREAS, the purpose of the AES A Plan, attached hereto as Exhibit “E,” and
incorporated herein by reference, is to describe a procedure for mitigating the ecological
functions of the Water-Related Habitat on the AESA Property; and
WHEREAS, on December 1 1, 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 AES A Plan on the AESA Property; and
WHEREAS, on January 14, 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
AESA Plan for the Property, have determined that the proposed use for the Property and adoption
of the AES A Plan on the AES A Property is in the best interest of the health, safety, 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 AESA 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 AESA 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 Property
described on Exhibit “A“ and depicted on the map provided on Exhibit “B”.
Grading for the AESA Plan, described in “Exhibit “C” and depicted on the map provided
on Exhibit “D” shall immediately commence upon permission from the City to clear and
grade land for the development.
All improvements described in Exhibit “E” shall commence prior to the issuance of the
first building permit, or during the next appropriate growing season with a date certain
provided by the applicant and upon written approval from the Director of Environmental
Services and Sustainability.
Vegetation established as a part of the approved AESA Plan shall continue to be monitored
and repaired for a minimum of three (3) years starting at the time of the initial planting and
until the conditions of the plan have been met. Any plants that are removed, destroyed, or
die within that minimum three (3) year period are required to be replaced by the Property
Owner/developer to achieve a minimum rate of survival as described in the AESA Plan.
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.
All perpetual maintenance activities in the AES A Plan shall be included in a Stormwater
Facility Maintenance Agreement for this development.
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 AES A Plan and
cure any defaults of the AESA Plan.
4.
5.
6.
SECTION 3. The City’s official ESA map is hereby amended to show the removal of
the Water-Related Habitat and the creation of Habitat in accordance with this Alternative
Environmentally Sensitive Area Plan.
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
Page 2 of 4
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 Gerard
Hudspeth, 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 14th day of January, 2025 .
Page 3 of 4
ATTEST:
LAUREN THODEN, CITY SECRETARY L\\\\ tIjl III//
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 4 of 4
EXHIBIT "A"
BEING a tract of land situated in the B.B.B. & C R.R. CO. Survey, Abstract Number 141, Robert Whitlock Survey, Abstract
Number 1403, and Nathan Wade Survey, Abstract Number 1407, Denton County, Texas and being a portion of a called
75.492-acre tract of land described as “Parcel I” in the deed to Robert W. Harris Heritage Trust, recorded in Instrument Number
2012-139301, Official Records of Denton County, Texas, a portion of a called 7.937-acre tract of land described in the deed to
Robert W. Harris, recorded in Instrument Number 93-R0043112, Official Records of Denton County, Texas, and a portion of a
called 11,615-acre tract of land described as “Parcel I” and “Parcel II” in the deed to Robert Woodson Harris, recorded in
Instrument Number 2012-139304, Official Records of Denton County, Texas and being more particularly described by the metes
and bounds as follows
BEGINNING at a 5/8” iron rod with plastic cap stamped “RPLS 4561 ” found for the westerly common corner of a called Parcel 23
in the right-of-way deed to the State of Texas, recorded in Instrument Number 2022-30410, Official Records of Denton County
Texas and a called Parcel 24 in the right-of-way deed to the State of Texas, recorded in Instrument Number 2022-71585, Official
Records of Denton County, Texas, same being on the westerly right-of-way line of Interstate Highway 35 (a variable width
right-of-way) and being at the beginning of a non-tangent curve to the left with a radius of 10,027.45 feet, a central angle of
04'45'45", and a chord bearing and distance of South 10'33'33" East, 833.23 feet;
THENCE along said westerly right-of-way line the following courses and distances
In a southerly direction, along the westerly line of said Parcel 23, with said non-tangent curve to the left, an arc distance of
833.47 feet to a 1/2” iron rod with plastic cap stamped “TXDOT” found for the westerly common corner of said Parcel 23 and
a called Parcel 22 described in the right-of-way deed to the State of Texas, recorded in Instrument Number 2022-165402
Official Records of Denton County, Texas same being on the northerly line of aforementioned 7.937-acre tract;
South 07'28'19" East, departing said northerly line, along the westerly line of said Parcel 22, a distance of 466.44 feet to a
5/8” iron rod with plastic cap stamped “KH A” set for corner on the common line of said 7.937-acre tract and Lot 1, Block A of
Western Hills Business Park, an addition to the City of Denton, Texas according to the plat thereof, recorded in Cabinet H
Page 224, Plat Records of Denton County, Texas;
THENCE North 89'41'21" West, departing the westerly right-of-way line of Interstate Highway 35, along said common line, a
distance of 592.71 feet to a 5/8” iron rod with plastic cap stamped “KHA” set for southeast corner of a called 1.205-acre Lease
Tract described in the deed to Williams Communication, recorded in Volume 4603, Page 2241, Plat Recorded of Denton County
Texas
THENCE North 00'18'36" East, departing said common line, along the east line of said Lease Tract, over and across said
7.937-acre tract, a distance of 175.00 feet to a 5/8” iron rod with plastic cap stamped “KHA” set for the northeast corner of said
Lease Tract
THENCE North 89'41'24" West, along the north line of said Lease Tract, continuing over and across said 7.937-acre tract and
aforementioned 75.492-acre tract, a distance of 300.00 feet to a 5/8” iron rod with plastic cap stamped “KHA” set for the northwest
corner of said Lease Tract;
THENCE South 00'18'36" West, along the west line of said Lease Tract, continuing over and across said 75.492-acre tract, a
distance of 175.00 feet to a 5/8" iron rod with plastic cap stamped “KHA” set for corner; from which a 1/2" iron rod found for the
northeast corner of a called 91.692-acre tract of land described in the deed to BCOM Land, LLC, recorded in Instrument Number
2024-41140, Official Records of Denton County, Texas bears South 89'41'21 ” East, a distance of 46.80 feet, same being on the
southerly line of said 75.492-acre tract and the northerly line of said 91.692-acre tract;
OVERALL DIA EXHIBIT
84.140 ACRES
B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NO
141 & ROBERT WHITLOCK SURVEY,
ABSTRACT NO. 1403 & NATHAN WADE
SURVEY, ABSTRACT NO. 1407,
DENTON COUNTY, TEXAS
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N/A 1 JCC I KHA 1 DEC. 2024 1 064545212 1 1 OF4
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THENCE North 89'’41’21" West, along the southerly line of said 75.492-acre tract, common to the northerly line of said
91.692-acre tract, the northerly line of a called 5.00-acre tract of land described in the deed to Kennith Leroy Chambers and
Beverly Graham Chambers, co-trustees of the Chambers Family Revocable Trust, recorded in Instrument Number 2014-108259,
Official Records of Denton County, Texas, and the northerly line of a called 5.456-acre tract of land described in the deed to
Southwestern Medical School Branch of The University of Texas, et al, recorded in Volume 2409, Page 635, Official Records of
Denton County, Texas, a distance of 1,784.12 feet to a 5/8” iron rod with plastic cap stamped “KHA” set, from which a 5/8” iron rod
with plastic cap stamped “RPLS 4561" found for the southwest corner of said 75.492-acre tract and on the easterly right-of-way of
the Kansas City Southern Railroad. bears North 89'41'21 ” West, a distance of 215.79 feet ;
THENCE departing the southerly line of said 75.492-acre tract and the northerly line of said 5.456-acre tract, over and across said
75.492-acre tract the following courses and distances
North 03'44'39" West, a distance of 249.64 feet to a 5/8” iron rod with plastic cap stamped “KHA” set for corner;
North 83'21'18" East, a distance of 92.60 feet to a 5/8” iron rod with plastic cap stamped “KHA” set for corner;
North 04'03'39" West, a distance of 572.28 feet to a 5/8” iron rod with plastic cap stamped “KHA'’ set for corner;
South 87'’20'32" West, a distance of 458.86 feet to a 5/8” iron rod with plastic cap stamped “KHA” set on the westerly line of
said 75.492-acre tract and on the easterly line of said Kansas City Southern Railroad;
THENCE North 16'05'54" West, along the common line of said Kansas City Southern Railroad and said 75.492-acre tract, a
distance of 586.61 feet to a 1 ” iron rod found the northwest corner of said 75.492-acre tract and the southwest corner of a called
103.857-acre tract of land described as “Parcel 3“ in the deed to Richard A. Harris, Ill and Lisa J. Harris, recorded in Instrument
Number 2022-94020, Official Records of Denton County, Texas;
THENCE South 89'40'30" East, along the common line of said 75.492-acre tract and said Parcel 3, passing a 5/8” iron rod with
plastic cap stamped “RPLS 4561” found for the southernmost southeast corner of said Parcel 3, at a distance of 2500.09 feet,
continuing along the northerly line of said 75.492-acre tract common to the southerly line of a called 8.00-acre tract of land
described in the deed to Lisa J. Harris Investment Trust, recorded in Instrument Number 2018-1 18132, Official Records of Denton
County, Texas, a total distance of 2,518.80 feet to a 5/8” iron rod with plastic cap stamped “RPLS 4561 ” found for the northwest
corner of a called 13.071-acre tract of land described in the deed to Robert A. Harris, JR,, recorded in Instrument Number
93-RO043111, Official Records of Denton County, Texas, from which a 5/8” iron rod with plastic cap stamped “TXDOT” found
bears South 89'40'33” East, a distance of 518.23 feet;
THENCE South OO'’14'03" West, departing said common line, along the westerly line of said 13.071-acre tract and a northeasterly
line of said 75.492-acre tract, a distance of 89.59 feet to a 5/8” iron rod with plastic cap stamped “RPLS 4561” found for the
northwest corner of aforementioned Parcel 1 and Parcel II (a called 11.615-acre);
THENCE South 89'’46'49" East, departing a northeasterly line of said 75,492-acre tract, along the northerly line of said Parcel I
and Parcel II (a called 11.615-acre), a distance of 530.93 feet to the POINT OF BEGINNING and containing 3,665,157 square
feet or 84.140 acres of land, more or less.
OVERALL DIA EXHIBIT
84.140 ACRES
B.B.B. & C. R.R. CO. SURVEY, ABSTRACT NO
141 & ROBERT WHITLOCK SURVEY,
ABSTRACT NO. 1403 & NATHAN WADE
SURVEY, ABSTRACT NO. 1407,
DENTON COUNTY, TEXAS
PRELIMINARY
THIS DOCUMENT SHALL
NOT BE RECORDED FOR
ANY PURPOSE AND
SHALL NOT BE USED OR
VIEWED OR RELIED
UPON AS A FINAL
SURVEY DOCUIVIENT
MICHAEL IVIARX
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181
6160 WARREN PKVW., SUITE 210
FRISCO, TEXAS 75034
PH. 972-335-3580
michael.marx@kimley-horn . com
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EXHIBIT "C"
BEING a tract of land situated in the Robert Whitlock Survey, Abstract Number 1403. Denton County. Texas and being a portion of a called
75.492-acre tract of land described as “Parcel I" in the deed to Robert W. Harris Heritage Trust, recorded in Instrument Number 2012-139301,
Official Records of Denton County. Texas, and being more particularly described by the metes and bounds as follows:
COMMENCING at a 5/8” iron rod with plastic cap stamped “RPLS 4561” found for the southwest corner of said 75.492-acre tract and the
northwest corner of a called 5.456-acre tract of land described in the deed to Southwestern Medical School Branch of The University of Texas
et al, recorded in Volume 2409, Page 635. Official Records of Denton County, Texas, same also being on the easterly right-of-way of the
Kansas City Southern Railroad;
THENCE South 89'41'21" East, along the southerly line of said 75.492-acre tract, the northerly line of said 5.456'acre tract, a distance of
215.79 feet to the POINT OF BEGINNING of the herein described tract;
THENCE North 03'44'39" West, departing southerly line of said 75.492-acre tract and the northerly line of said 5.456-acre tract, crossing said
75.492-acre tract, a distance of 249.64 feet to a point for corner;
THENCE North 83'21'18" East, continuing across said 75.492-acre tract. a distance of 92.60 feet to a point for corner;
THENCE North 04'03'39" West, continuing across said 75.492-acre tract, a distance of 578.02 feet to a point for corner;
THENCE South 89'40'30" East, continuing across said 75.492-acre tract, a distance of 1 87.67 feet to a point for corner;
THENCE South 84'19'Of" East, continuing across said 75.492-acre tract, a distance of 179.93 feet to a point for corner;
THENCE South OO'22’54" West, continuing across said 75.492-acre tract, a distance of 819.68 feet to a point for corner on the southerly line
of said 75.492-acre tract. the northerly line of the northerly line of a called 91.692-acre tract of land described in the deed to BCOM Land. LLC,
recorded in Instrument Number 2024-41140, Official Records of Denton County, Texas;
THENCE North 89'41'21" West, along the southerly line of said 75.492-acre tract, the northerly line of said 91.692-acre tract, and the
northerly line of aforesaid 5.456-acre tract, a distance of 396.00 feet to the POINT OF BEGINNING and containing 6.932 acres (301,972
square feet) of land, more or less.
AESA BOUNDARY EXHIBIT
6.932 ACRES
PRELIMINARY ROBERT WHITLOCK SURVEY,
ABSTRACT NO. 1403
DENTON COUNTY, TEXAS
THIS DOCUMENT SHALL
NOT BE RECORDED FOR
ANY PURPOSE AND
SHALL NOT BE USED OR
VIEWED OR RELIED
UPON AS A FINAL
SURVEY DOCUMENT
MICHAEL MARX
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181
6160 WARREN PKWY., SUITE 210
FRISCO, TEXAS 75034
PH. 972-335-3580
michael.marx@kimley-horn.com
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Date
DEC. 2024
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064545212
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EXHIBIT "D"
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1- IRF
PARCEL 3 (CALLED 103.857 Nrr ACRES)
RICHARD A. HARRIS. III AND USA J. HARRIS
INST. NO. 2022-94020
0.R.D.C.T
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\'N16'05'54"W
586.61 '
S89'40'30"E S84'19'C
179.93
1"E
187.67'
PARCEL 1 (CALLED 75.492 ACRES)ROBERT W. HARRIS HERITAGE
TRUST
INST. NO. 2012-139301
O.R.D.C.T.
g
g g
60
CO
a)
{\00
(301,972 SQ. FT.)Ii
b
AESA
BOUNDARY
6.932 ACRES
N83'21’1
92
VOL. 5427. PG. 862
N3'44’39’'W
249.64
P.0.B.
B One++
CALLED 5.456 ACRES N8904,jl21nW 396-OO1
SOUTHWESTERN MEDICAL I CALLED 91 692 ACRES
SCHOOL, BRANCH OF THE 1 B(.fOM LAND LLC
UNIVERSITY OF TEXAS. et al I INST. NO. 2024_41 140
VOL. 2409, PG. 635 1 o R D c T
0.R.D.C.T,
HI•n
P.0.C
5/8" IRFC "RPLS 4561"
\
NOTES AESA BOUNDARY EXHIBIT
Bearing system based on the Texas Coordinate System of
1983, North Central Zone (4202), North American Datum of
1983.
6.932 ACRES
ROBERT WHITLOCK SURVEY,
ABSTRACT NO. 1403
LEGEND DENTON COUNTY, TEXAS
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
0.R.D.C.T. = OFFICIAL RECORDS, DENTON
COUNTY, TEXAS
S b k
1" = 200' 1 JCC I KHA I DEC. 2024
jaI.III.IIII., RImInI
064545212 1 20F2
CRABLE, JEFF 12/3/2024 1 1 :05 AM K:\FRI_SURVEY\064545212-HARRIS TRACT - DENTON\DWG\064545212 HARRIS TRACT ESA EXHIBIT.DWG
EXHIBIT "E“
Alternative Environmentally Sensitive Area (AESA)
Plan (AESA24-0004)
Harris Tract Industrial
Approximately 86 Acres
Denton, Denton County, Texas
October 30, 2024
{;};
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Project Applicant:
Urban Logistics Realty
Prepared By:
Kimley »>Horn
Dallas, Texas
Kimley »> Horn
TABLE OF CONTENTS
1.0 – INTRODUCTION AND AUTHORITY/PURPOSE AND NEED FOR ACTION .............................. 1
1.1 – Description of Overall Development .................................................................................... 1
1.2 - Site Visit ............................................................................................................................. 1
2.0 – SITE AREA DESCRIPTION....................................................................................................... 1
2.1 - Vegetation ........................................................................................................................... 1
2.2 – Observed ESA Habitat ........................................................................................................ 2
2.3 - Purpose of AESA ................................................................................................................ 2
3.0 – AFFECTED ENVIRONMENT AND SUMMARY OF IMPACTS ...................................................2
4.0 – MITIGATION ACTIVITIES .........................................................................................................3
4.1 – ESA Habitat Improvements
4.2 - Tree Preservation ........................
4.3 - Supporting Vegetation Communities
5.0 - PERPETUAL MAINTENANCE ACTIVITY
6.0 - COMPLIANCE WITH AUTHORITIES ..........................................................
7.0 – ANNUAL REPORTING.
8.0 – CRITERIA FOR APPROVAL.......................................................................
9.0 - SUMMARY..................................................................................................
3
5
5
....6
13455 Noel Road. Two Galleria Office Tower, SuIte 700. Dallas. TX 75240
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Figure 1 : VICINITY MAP
Figure 2: CITY MAPPED ESAS
Figure 3: PROPOSED ESA IMPACTS
Figure 4: AESA PROPOSED MITIGATION
FIGURES
APPENDICES
APPENDIX A: HARRIS RANCH ESA SCHEMATIC
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Alternative Environmentally Sensitive Area (AESA) Plan (AESA24-0004)
Harris Tract Industrial
Denton, Denton County, Texas
1.0 – Introduction and Authority/Purpose and Need for Action
Pursuant to Denton Development Code (DDC) Section 7.4.7, the disturbance of Water Related Habitat
is not a permitted activity. Kimley-Horn and Associates Inc. (Kimley-Horn) has prepared the following
Alternative Environmentally Sensitive Area (AESA) Plan. This AESA plan is being submitted to the City
of Denton under the DDC Section 2.8.4 to request approval for impacts to Environmentally Sensitive
Areas (ESA). This AESA Plan proposes mitigation measures for the impacts required to construct
multiple speculative warehouse buildings for Urban Logistics Realty. The mitigation activities offered as
a part of this AESA would achieve the goals outlined in DDC Section 2.8.4.
1.1 - Description of Overall Development
The proposed Harris Tract Industrial project is approximately 86-acres in size generally located north of
Marshall Road and west of Interstate Highway 35 in the City of Denton, Denton County, Texas (DCAD
# R34437, R36979, R39150, R168120, R168148, R563770, R563769, R995240, R1012742, Figure 1).
The project consists of multiple speculative warehouse buildings with associated utility installations,
roads, and parking lots. A detention pond will be excavated in the southwestern corner of the study area
to satisfy DDC requirements.
1.2 – Site Visit
An ESA Field Assessment (ESA24-0013) was performed by a third-party consultant and confirmed the
presence of Water Related Habitat ESA in the western portion of the study area. However, it was
determined that Riparian Buffer ESA is not present onsite as the vegetation within the buffer is consistent
with the surrounding upland vegetation and an ordinary high-water mark (OHWM) was not observed
throughout the linear aquatic features. The locations of the Water Related Habitat ESAs are shown in
Figure 2. Additional project information is available from City of Denton Case Number ESA24-0013 and
within the City of Denton eTRAKiT system.
2.0 – Site Area Description
The approximate center coordinates of the study area are Latitude: 33.249 and Longitude: -97.182 (1983
North American Datum (NAD) Coordinates). The project is located within the Hickory Creek – Little Elm
Reservoir watershed (USGS Hydrological Unit Code (HUC) 1203010308). Based on historic aerial
imagery and current observations, the majority of the site appears to be undeveloped shrubland with a
single-family residence located in the eastern portion of the study area. The on-channel ponds in the
western portion of the study area were excavated by the landowner as ponds for oil and gas activities
for the adjacent pad site in 2005. The ponds are also presently utilized as livestock ponds by cattle
onsite
2.1 - Vegetation
The ESA area is located in the historic Cross Timbers ecoregion. Historically, this region was dominated
by post oak, blackjack oak, cedar elm, Osage-orange, and various grasses and forbs. However, this
ecoregion has witnessed significant impacts due to urban sprawl and agriculture
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Based on site visit observations, the ESA area was dominated by:
• Spike rush (Eleocharis olivacea)
• Smartweed (Polygonum pensylvanicum)
• Floating primrose willow (Ludwigia peploides)
2.2 – Observed ESA Habitat
During a site visit completed by a third-party consultant, Water-Related Habitat ESA was generally
mapped surrounding an upland pond and a network of streams in the western portion of the study area
(Figure 3). The ESA Assessment was reviewed by the City of Denton and approved in August 2024
under the project number ESA24-0013
Water-Related Habitat ESA
The Water-Related Habitat ESA within the western portion of the site surrounds an upland pond and a
network of streams. The Water-Related Habitat ESA exists as three separate wetlands. The northern-
most wetland was located north of a previously existing upland pond and measured 1.06 acres. The
central wetland was located south of the previously existing upland pond and north of the existing upland
pond along a stream. The central wetland measured 0.74 acre. The southern wetland is located south
of the upland pond on-channel of a stream that continues offsite to the south into overland flow. The
southern wetland measured 0.12 acres. Each of these three wetlands were observed to have abstract
shape, with poor continuity and adjacency between them. Additionally, the wetlands appeared to be
recently formed by man-made hydrologic changes to the natural flow of a stream system
2.3 – Purpose of AESA
The purpose of the AESA plan is to propose mitigation for the impacts to the Water-Related Habitat ESA
caused by the construction of the industrial warehouse development and associated infrastructure. The
proposed mitigation activities herein not only improve the quality of the ESA but also expand the size of
the protected area. In order to create the scale of protected area desired and to ensure the area is
undisturbed by development, the Applicant plans to utilize the site’s detention pond that is planned for
stormwater management to help create new Water-Related Habitat ESA. The proposal includes
strategically varying and manipulating the depth of the pond and planting native vegetation so that a
large wetland and aquatic habitat can be created. The pond improvements are planned in conjunction
with native vegetation planting in the green area surrounding the detention pond and tree preservation,
Nuisance vegetation will be removed prior to the construction of the green area. This AESA plan
explaining the mitigation measures will be provided to the City of Denton for formal notification and
review of the proposed activity.
Additional project information is available from City of Denton Case Number ESA24-0013 and within the
City of Denton eTRAKiT system.
3.0 – Affected Environment and Summary of Impacts
Mass grading of the entire site is proposed for the construction of the proposed warehouse buildings.
Impacts are anticipated to the entire 1.92 acres of Water-Related Habitat ESA (Figure 4). The Water
Related Habitat ESA currently consists of low-quality wetland habitat due to impacts from agriculture
and the presence of cattle on the existing site. The total proposed AESA mitigation area is approximately
5 acres
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4.0 – Mitigation Activities
The Applicant read through DDC Section 2.8.4 and reviewed the example projects provided in the
document in detail so that the proposed mitigation activities herein would strongly align with the City’s
stated desires and goals. While discussed in greater depth in the sections that follow, a summary of the
mitigation activities and the value created through those activities is included below:
Guiding principle How will this be accomplished?
Improved erosion control, as sediment forebay(s) will slow
stormwater flows and native vegetation will stabilize the
banks
Variety of pond depths (ranging from approximately 6 inches
to 48 inches) allows for the establishment of a more diverse
vegetative community
Stormwater pulses will provide varied water levels, similar to
a natural system
Water quality will be improved via deep-rooted native plant
species on the banks and the sediment forebay(s) (a
sediment forebay will be positioned at each incomIng
discharge point and is designed to trap sediments and
particulate pollutants, therefore enhancing the pollutant
remova! capabilities of the pond)
Improve encroached
habitat and the
surrounding environment
Create, Expand, and/or
improve non-impacted
areas
The proposed Alternative ESA is notably larger than the size of the
current ESA, as our team wanted to create greater opportunity for
ecosystemto thrive.
While the current ESA is disparate and divided into multiple sections,
we aimed to create one cohesive region to maximize the benefits of
the ecosystem
Proposed location is directly adjacent to main east/west right-of-way
to maximize viewpoints and access. In addition, the business park is
designed for multiple buildings to have viewpoints of the area
The Applicant has a history of going above and beyond on their
developments to create value for the surrounding community.
Create continuity
Maximize access &
utilization
High quality development
Several mitigation activities are proposed to offset the impacts to onsite Water-Related Habitat ESA.
These activities include the utilization of a constructed detention pond to create wetland and aquatic
habitat, and planting of native vegetation within the green area. .
4.1 - ESA Habitat Improvements
Pursuant to DDC Section 7.5, Drainage, the development must by served by detention. Due to the
topography of the site, revising the current ESAs to receive the developments flow would provide the
greatest sustainability.
Sediment and Pollutant Runoff Reduction
Wetlands can serve as a pollutant sink by intercepting and sequestering suspended solids in runoff.
Sediment forebay(s) will be positioned at each incoming inlet point to trap sediments and particulate
pollutants, enhancing the pollutant removal capabilities of the aquatic habitat within the detention pond.
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Additionally, native herbaceous vegetation will be planted along the banks and slopes of the detention
pond to reduce the potential for the created wetland to discharge pollutants and to stabilize the banks.
Varied Habitat Depths
Natural landscapes and habitats have variability that is vital to a healthy ecosystem. Microtopography
allows for much greater plant and animal diversity. The detention pond is being designed as a “wet”
detention pond that will contain water year-round. Initial engineering designs called for two water depths
(18-inches in the northern half and 48-inches in the southern halO with a sudden drop off transition
between these two depths. However, to create a more a diverse ecosystem, a variety of depths are
proposed. The detention ponds will be designed with a variety of water depths ranging from
approximately 6“ to 48” to allow for the establishment of more diverse wetland and aquatic ecosystem.
Northern Half of Detention Pond - Shallow Water Zone
The northern half of the pond will have an overall water depth of approximately 18-inches. This
zone will act as the initial area to receive stormwater entering through the sediment forebay(s).
This zone will allow for emergent wetland vegetation and provide shallow water habitat
In this zone there will be slightly shallower "shelves” extending into the detention pond with a
designed water depth of approximately 6 to 12-inches (approximately 0.29 acre in size). This
will act as a shallow water depth area to allow for more varied vegetation species and to allow
for easier access to water for wildlife.
Within this zone there will also be shallow areas near the center of the zone with a designed
water depth of approximately 6 to 12-inches (approximately 0.23 acre in size). Up to four shallow
zones will be constructed. This shallow zone is surrounded by water approximately 18-inches
deep and will act like an “island” for species to utilize. The shallow area surrounded by slightly
deeper water will afford some species protection from terrestrial based predators.
Transition Between Detention Pond Areas - Transition Zone
The transition zone between the two overall water depths will be designed to be gradual
transition from approximately 18-inches of water depth to 48-inches of water depth. The gradual
transition will allow for additional water depth zones for species to utilize as a more natural
transition to a pool of water similar to a natural stream system.
Southern Half of Detention Pond – Deep Water Zone
The southern half of the pond will have an overall water depth of approximately 48-inches and
will act as a deep-water zone for aquatic species. Deeper water will allow for more fully aquatic
species to live while still having access to the shallow water zone for feeding
In order to mimic natural habitats, there will be shallow “shelves" along the edges of the Deep-
Water Zone (approximately 0.19 acre in size). These "shelves” are designed to extend into the
detention pond with a designed water depth of approximately 6 to 12-inches. This will act as a
shallow water area to allow more varied vegetation species and to allow for easier access to
water for wildlife. Additionally, these shallow water "shelves”, with a flat surface area, will allow
for wildlife to safely exit the deep-water zone should they fall in or become trapped in deeper
water
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4.2 - Tree Preservation
Based on the tree inventory completed prior to the preparation of this plan, no tree species were
identified within the Water-Related Habitat ESA,
4.3 – Supporting Vegetation Communities
As part of developing a functioning ecosystem, vegetation is a core component. Many different
vegetation communities will be formed based on physical location on the landscape as well as what
seed mixes will be used to start the communities. The vegetation communitIes can be divided into two
broad categories: terrestrial and aquatic. Below is a discussion of the varied communities.
Terrestrial Vegetation Communities
The terrestrial vegetation will be located in upland areas or areas that received periodic inundation, but
the areas will remain predominately dry. The vegetation communities will be established around the
detention pond totaling approximately 2 acres. There are approximately three terrestrial vegetation
communities proposed: Native Sun Turf, Riparian Recovery, and Drainfield, or something similar in
nature determined in conjunction with the City of Denton Environmental Compliance Team.
Native Sun Turf – Driest Native Terrestrial Vegetation
• The first vegetation area is designed to be similar to native vegetation communities. A
Native Sun Turf seed mix or similar mix will be planted surrounding the upper slopes of the
detention pond. The community will consist of native short turf grasses such as
Buffalograss and Blue Gramma that should require little supplemental watering once
established.
Riparian Recovery - Moisture Transition Native Terrestrial Veqetation
• The second vegetation area, moving closer to the detention pond, is designed as a transition
from the upland Native Sun Turf to a more diverse Riparian Recovery community that
includes a combination of different species of native grasses and wildflowers. The Riparian
Recovery seed mix or similar seed mix is designed to provide a deep rooted, diverse
community, that provides increased bank stability, and runoff filtration.
Drainfield - Wet Native Terrestrial Vegetation
• The third vegetation area closest to the edge of the water of the detention pond, is designed
as a vegetation community that can tolerate more variable soil moisture conditions. A
Drainfield seed mix or similar seed mix will be utilized that contains species that are
adaptable to a wide rand of growing conditions and will help to stabilize the interface
between terrestrial vegetation and aquatic vegetation.
Aquatic Vegetation Communities
The aquatic vegetation communities will be located within the inundated portions of the detention pond.
It is anticipated that several small vegetation communities will establish on the varied depths within the
pond. Drainfield seed mix or similar seed mix will be spread along the shallow “shelves” and a several
varieties of wetland plants will be planted. Plants will be chosen from commercially reasonable and
available species but could include species such as: .
• Wild rice (Zizania aquatica)
• Creeping spikerush (Eleocharis spikerush)
• Pickerelweed (Pontederia cordata)
• Native water lily (Nyphaea odorata)
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• Water smartweed (Polygonum amphibium)
• Marsh pu rslane (Ludwigia palustris)
The seed mix installation and wetland planting will be performed per seed supplier rate and application
recommendations throughout the designated seeding areas. Generally, aquatic plant species will be
installed on a 2-foot or 3-foot square spacing grid. The aquatic plant species will be planted in the
shallow water zones and allowed to propagate from these areas.
Temporary Vegetative Cover
Temporary non-invasive vegetative cover approved by City Staff, such as Canadian wild rye (Elymus
canadensis) , cereal rye (Secale cereale) , winter wheat (Triticum aestivum) , or oats (Avena sp.) will be
established by processes such as hydro-mulching, installing erosion control blankets, or other industry
standard practices following mass grading
Irrigation within the designated green area is not proposed at this time; however, if the seeded forbs and
grasses show signs of stress prior to the planting of permanent vegetation, irrigation may be deemed
necessary and installed following the temporary plantings.
An initial site visit by Applicant’s consultant will be performed following the completion of initial seeding
and prior to the first annual monitoring event. Applicants Consultant will perform additional site visits as
necessary during the first annual monitoring period.
5.0 – Perpetual Maintenance Activity
The green area and the detention pond will be maintained as detailed below in Table 2. A
maintenance plan will be finalized after an agreement with the stormwater facility is made. If the
property is sold in the future, the Applicant will share AESA document and any supporting documents
with new owner prior to any sale so that new owner is fully aware of their responsibilities pertinent to
the AESA. The new owner must comply with the described maintenance plan in order to maintain the
function and health of the mitigation land
Table 2: Perpetual maintenance activity for Harris Industrial Tract
Activity Description
Mowing and
Establishment of
Mow-Zones
Occasional mowing can occur as needed within the banks of the detention
pond to help maintain a proper function detention pond
Edging Edging is proposed to occur only within the described mow-zones.
Leaf Removal No leaf removal outside of the described mow-zones is proposed.
There are proposed to be no pesticides or fertilizer distributed within the
designated seeding area or detention ponds, other than for the purpose of
invasive species or privet removal deemed necessary by an arboricultural
consultant.
Fertilizer and
Pesticides
Tree Removal Trees outside of the mow zones are not proposed to be cut, trimmed,
thinned, altered, or raised without the City of Denton’s written permission.
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Trash removal is proposed to be the responsibility of the owner of the
property and will take place twice per year by hand from individuals walking
the mitigation land areas. No vehicles (ATVs, cars, trucks, tractors, or any
other motorized vehicles) will be utilized in this effort. Trash will be disposed
of in trash bags that will be removed by the City and disposed of in an
approved landfill.
Trash Removal
Invasive species is proposed to be assessed by Applicant’s consultant
during annual monitoring visits during the first three years following
construction. Following the conclusion of restoration effort, the owner will be
responsible for sourcing an qualified consultant. It is the owner’s
responsibility to source a contractor to remove the invasive species.
Invasive Species
Management
Ground Disturbing
Activity
Any ground-disturbing activity, such as maintenance, erosion control, or
proposed changes to grading is proposed to not occur until designs have
been approved in writing by the City of Denton.
6.0 - 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 restoration activities
are complete.
7.0 – Annual Reporting
The owner will prepare an annual report each year for three consecutive years, beginning 12 months
after final seeding. The annual reports will detail species diversity and vegetative coverage data
Applicaht’s consultant will perform monitoring activities at the end of the growing season, typically
September through October, annually. Reports will be submitted by November 15th of each year.
Approximately six-to-eight 0.01-acre circular plots will be established within the designated terrestrial
vegetation communities, arranged to represent different vegetative communities within the mitigation
area. Each plot center will be GPS-located and marked with a center stake. The one-hundredth acre
plots will have a radius of approximately 11.8 feet. Within each plot, a visual estimate of percent cover
will be recorded. Additionally, all species located within the plots will be recorded and reported. The
aquatic vegetation communities will be visually inspected by an environmental professional and any
concerns about community growth and success will be reported.
The first two annual reports will contain action items that may include: the implementation of additional
erosion control, re-seeding the seed mixtures as needed, and removing weeds within the green area
The Applicant will be responsible for maintenance such as weeding and will be responsible for any re-
planting effort.
Upon completion of the three-year monitoring and reporting period, the City of Denton Environmental
Services shall inspect the terrestrIal seeded green areas and determine whether approxImately eighty-
five percent (85%) of the area is healthy and has a reasonable chance of sustained cover. After city
inspection, if more than 15% of seeded green area is found to be diseased or not having a reasonable
chance of sustained cover, the owner shall be notified to reseed those problematic areas. Similarly, the
City of Denton Environmental Sen/ies will inspect the planted wetland vegetation area and determine if
an approximately 75% of the plants are healthy and have a reasonable chance of survival. If more than
Kimley OHorn
25% of the planted wetland vegetation is found to be diseased or not having a reasonable chance of
sustained cover, the owner shall be notified to replant those problematic areas
If the City determines that 85% of the terrestrial seeded green area and 75% of the wetland plants are
healthy and have a reasonable chance of sustained cover, the City will issue the final acceptance of the
project. If the owner does not take remedial steps to bring the property into compliance, the City may
use all legal remedies to enforce this provision. These annual reports will be submitted to the City for
review and inspection
Minor landscaping or structural revisions, defined as continuing to meet or exceed the goals set forth in
this mitigation plan, will be submitted to the City of Denton staff for approval prior to making the plan
modifications.
8.0 – 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 improving ESAs.
The proposed AESA proposes to mitigate the impacts to the Water Related Habitat ESA from
the construction of an industrial warehouse development by utilizing a detention pond to create
wetland and aquatic habitat and seeding the designated green space with native seed mixtures
to both provide a protective ground cover and functional native plant community. While the initial
construction activity will result in impacts to the existing ESAs, the created mitigation land will
be larger that the impacted ESAs and will provide more habitat and greater continuity. The green
space will be seeded to create a native vegetative community that will also promote the native
grasses in the surrounding area. The promotion of native plant species will suppress the
regrowth of non-native grasses observed on site.
2. Mitigation goals are obtained by preserving environmentally sensitive areas above the
minimum requirements, exchanges between different types of ESAs, installing pollution
prevention controls, and/or implementing best management practices or any other
approaches that result in the improvement of the environment being impacted.
Once vegetated, the detention pond and surrounding seeding area will serve as a diverse,
contiguous ecosystem, promote the native herbaceous community within the ESA, and filter
surface runoff before it reaches the waterway,
The detention pond will be utilized to improve water quality by slowing and treating runoff from
the proposed industrial warehouse development and nearby roadways. Pollutants derived from
lawncare, motor vehicles, and pest control are expected from commercial developments. The
detention ponds will capture rainwater and slowly release it into the soil, treating the rainwater
and recharging groundwater.
The maintenance plan outlined in Section 5.0 details measures in place to prevent pollutants
such as fertilizers and excess sediment from entering mitigation land
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3. Areas offered as mitigation are linked to existing or planned open space or conserved
areas to provide an overall open space system.
Existing areas of Water Related Habitat ESAs are isolated from each other. The proposed
mitigation land is larger than the existing Water Related Habitat ESA and is contiguous. The
proposed mitigation land is located adjacent to undeveloped shrubland to the south of the study
area
4.Development is arranged for maximizing access and utilization of the ESAs by citizens.
The designated mitigation land is located adjacent to the industrial warehouse development and
will be visible to employees working at the warehouse.
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 ESAs ad shall run with the land and be
binding upon all successors and assigns of the current owner.
The approximately 5 acres of mitigation land will become a permanent drainage easement to
be maintained by the owner of the property.
6. The AESA plan shall demonstrate 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 ESAs necessary to meet the design
standards for the overall development and proposes to mitigate for the impacts by revegetating
the undeveloped portion of the Water Related Habitat ESA with native vegetation. As such, the
proposed development meets the criteria for approval for an AESA,
9.0 – Summary
The impacts proposed to the Water Related Habitat ESA 1.92 acres resulting from the construction of
the industrial warehouse. Approximately 5 acres of mitigation land are to be restored in the southwestern
corner of the study area and preserved. Mitigation for the impacts to the Water-Related Habitat ESA will
consist of utilizing the constructed detention pond for aquatic and wetland ecosystems and seeding the
green space with native seed mixtures. This green space will provide ground cover and a functional,
diverse vegetative community that will serve to filter pollutants from the proposed developments and
prevent erosion. The native grasses planted within the mitigation land will provide vegetative cover and
promote the native herbaceous community within the ESA,
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Appendix A
HARRiS RANCH AESA SCHEMATIC
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Harris Tract Industrial
[baton. Deakxt Ccxinty. Texas