2018-03-19 Committee on the Environment Minutes
City of Denton
City Hall
MINUTES
215 E. McKinney Street
COMMITTEE ON THE ENVIRONMENT
Denton, Texas
www.cityofdenton.com
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Monday, March 19, 2018 9:00am City Council Work Session Room
After determining that a quorum of the Committee on the Environment of the Denton City Council was
present, the Committee on the Environment thereafter convened into an Open Meeting on Monday, March
19, 2018 at 9:00 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton,
Texas
Council Members: Chair Council Member Keely Briggs, Council Member Dalton Gregory,
Council Member John Ryan
Also Attending: Mario Canizares, ACM; Kenneth Banks, General Manager Water Utilities; Deborah
Viera, Assistant Director; Katherine Barnett, Sustainability and Customer Initiatives Manager; Bob
Makowski, Environmental Compliance Coordinator; Kim Mankin, Administrative Manager
REGULAR MEETING
A. COE18-009 Receive a report, hold a discussion, and provide a recommendation regarding Denton
Development Code Subchapter 17 Environmentally Sensitive Areas (ESAs), Subchapter 3
Procedures, and Subchapter 23 Definitions.
Deborah Viera gave the presentation.
The objective is to consider adoption of an ordinance to repeal and replace Subchapter 17
Environmentally Sensitive Areas (ESAs), amend Subchapter 3 Procedures related to appeals, and amend
Subchapter 23 Definitions by adding new and replacing definitions.
Reasons for revisions include: inconsistencies with other regulations, improve wording/phrasing, lack of
clarity, lack of guidance for policy implementation, evaluation of existing policies and considering new
policies.
Public vetting has included: 13 COE Meetings, Denton Development Code update webpage, Notices to
all ProjectDox applicants via email, presentations at DDC update open house meetings, Input solicited
from developers and consultants and P&Z work sessions (3) and public hearings (2).
February 7 P&Z overview:
- COE-vetted language presented
- There were 61 public comments
- P&Z asked about amount of upland habitat ESA in residential and non-residential zoning districts
- Staff provided written responses for public comments
- P&Z requested rewording of the upland habitat definition
Gregory asked who is making the 61 public comments. Viera answered from consultants and Lee Allison
which represents a development group.
February 21 P&Z Public Hearing overview:
- Staff provided written responses for public comments
- Staff made changes in response to the 26 public comments
- P&Z directed staff to list all definitions in SCH 17, SCH 23 and the criteria manual
- P& Z recommended approval with th3e changes made in response to public comment and P&Z.
ESA Criteria Manual
Goal is to provide a guiding document for developers, and community in general, for protecting and
- COE-vetted language - In addition to meeting the requirements expressly established in this Subchapter,
all environmentally sensitive areas shall comply with the Environmentally Sensitive Areas Criteria
Manual. Where there is conflict between a provision set forth in this Subchapter and a provision of the
Environmentally Sensitive Areas Criteria Manual, the provisions of this Subchapter shall apply.
- Public Comment (6)
- Planning and Zoning Commission recommends no changes
There was discussion regarding ESA residential property.
Credits
Goal is to expand available credits for meeting multiple city requirements through the preservation of
- COE-vetted language: Any Environmentally Sensitive Area that is preserved may be used towards
meeting: Landscape and Tree Canopy requirements contained in Subchapter 13
- Public Comments (5)
- Planning and Zoning Commission recommends no changes.
Briggs asked about a conflict with the Parks Ordinance. Viera answered the parks ordinance allows you
to have come ESAs on the parcels that you are going to dedicate, but cannot be 100 percent ESA or
floodplain.
Zoning Board Adjustment (ZBA) Appeals
- Goal is to provide an appeal process for ESA field assessments through ZBA.
- COE-vetted language: Appeals to staff determinations shall follow the Staff Review Procedure detailed
in Section 35.3.7.
Briggs asked about the process, Viera explained this would go straight to ZBA.
Public comment: (1)
Planning and Zoning Commission recommends adding a semi colon after the word Appeals.
Classification of Fl
- Goal to classify floodplains as Developed or Undeveloped based on field assessments
- COE-vetted language: Upon field verification areas designated as FEMA 1% Annual Chance Floodplain
would be classified according to the existing conditions as Developed or Undeveloped floodplains.
- Public Comment: None
- Planning and Zoning Commission recommends no changes
Mobility Plan Roadways (Sec. 35.17.7.B.1.h)
- Goal is to exempt roadways required by the Mobility Plan, eliminating the need for Alternative ESA
Plans.
COE-vetted language: Construction of roadways identified on the Mobility Plan as long as the disturbed
areas are restored to minimize erosion and promote the recovery of the Environmentally Sensitive Area
subject to the Director of Environmental Services approval, and requirements outlined in Section
35.17.7.B.4.
Public Comment: None
Planning and Zoning Commission recommends deleting reference to Sec. 35.17.7.B.4 as this section has
been relocated to the ESA Criteria Manual.
Provide the definition of drive way and examples when taken to CC.
Preservation of Upland Habitat
Goal is to extend protection of upland habitats on non-residential developments.
COE-vetted language: Non-residential development shall be designed to retain thirty percent (30%) tree
canopy which shall remain predominantly in its natural state. Preservation of upland habitat contiguous to
forested areas on adjacent properties or parcels is strongly encouraged.
Public Comment: None
Planning and Zoning Commission recommends no changes
Criteria for approving alt. ESA Plans (Sec.35.17.11.B)
Goal is to provide a criteria to P&Z and Council for approving Alt. ESA plans while providing guidance
for Developers on how to meet the criteria.
COE vetted language: The goals and objectives which must be met, and by which the proposal will be
judged include:
New - Mitigation goals are obtained by creating, expanding, and/or improving environmentally sensitive
areas.
New - 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.
Existing - Areas offered as mitigation are linked to existing or planned open space or conserved areas to
provide an overall open space system.
Existing - Development is arranged for maximizing access and utilization of the environmentally sensitive
areas by citizens.
Existing - 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 environmentally sensitive areas and shall run with the land and be binding upon
all successors and assigns of the current owner.
Existing -
alternative proposal results in a high quality development meeting the intent of the standards in the
Denton Development Code.
Banks offered a change to the language -remove which must be met- and have the language read
The goals and objectives by which the proposal will be judged include -
Committee Members agreed.
Public Comments: (3)
Planning and Zoning Commission recommends no changes
Pollution prevention controls example for the next presentation to CC.
Necessary next steps
Goal is to give ZBA the authority for approving appeals from staff determinations on ESA field
assessments.
Staff Review Appeal Procedure
A Staff decision on an Environmentally Sensitive Areas (ESAs) field assessment may be appealed to the
Zoning Board of Adjustments.
Goal: To add new and replace definitions in Subchapter 23 Definitions.
Recommendation Staff recommends approval of the revisions. Planning and Zoning Commission
recommended approval, with conditions (4-2).
Gregory move forward to Council Work Session with changes, Ryan and Briggs agreed.
CONCLUDING ITEMS
Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Public
Utilities Board or the public with specific factual information or recitation of policy, or accept a
proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no action
will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public employee, or other
citizen; a reminder about an upcoming event organized or sponsored by the governing body; information
regarding a social, ceremonial, or community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a member of the governing body or an
official or employee of the municipality; or an announcement involving an imminent threat to the public
health and safety of people in the municipality that has arisen after the posting of the agenda
Gregory platting question for new development, do we allow the developer to have property lines
go to the middle of the stream as in the past or are the streams protected.
Briggs Parking permeable paving including percentages
Ryan New facilities parking lots; handicap parking then hybrid parking spaces to encourage
those types of vehicles (Denton County currently has this)
Adjournment: 10:12 am
Approved May 21, 2018