Loading...
2020-064 Forestar- ESA and CanopyDate: July 17, 2020 Report No. 2020-064 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide a project status update regarding the Forestar/Rayzor single-family residential developments located at the northwest corner of Roselawn Drive and Roselawn Drive. BACKGROUND: Forestar Group, Inc. is under contract to purchase approximately 236.8 acres of land located at the northwest corner of Roselawn Drive and Roselawn Drive for a proposed residential development consisting of 770 single-family detached lots, open space, amenity center, parkland, park trails, and connections to adjacent Borman Elementary and nearby Denia Park. An initial ISR regarding this project was included in the June 5, 2020 Friday Report. DISCUSSION: Provided below is a summary of the current zoning entitlements, existing approvals, pending approvals requiring a public hearing, and next steps as it relates to the Alternative ESA request and tree preservation within the Upland Habitat ESA. CURRENT ENTITLEMENTS & APPROVALS Existing Zoning Single Family (R4) Single-family residential is the intended use and is consistent with the Comprehensive Plan and the Zoning Map single family residential designations. Existing Approvals ESA Assessment Application ESA19-0028 was for an assessment of the existing ESAs on the site, including Upland Habitat ESA. The Upland ESA is the tree canopy associated with the cross-timbers. As reflected on the map below in red, some areas of the Upland Habitat were removed as they were found to not be consistent with cross-timer forest. Approximately 30-acres of canopy or Upland Habitat ESA remain. Under the 2002 DDC, a residential development is permitted to remove 50% (or 15-acres) of Upland Habitat ESA (tree canopy) without having to mitigate or provide an inventory of what is being removed. An Alternative ESA is not required for the removal of Upland Habitat ESA. Date: July 17, 2020 Report No. 2020-064 Preliminary Plat Application PP19-0019 was approved on 2/5/2020. The application was submitted on 8/14/19, prior to the 10/1/19 effective date of the 2019 Denton Development Code (DDC). Tree Preservation The tree preservation plan was submitted for review along with the preliminary plat and was reviewed under the 2002 DDC. Tree Inventory Plan - The 2002 DDC does not specify what is to be included as part of the Tree Inventory. Additionally, the 2002 DDC allows for preservation of DBH or percentage of canopy. In this case, the ESA Field Assessment served as the basis for determining existing canopy. Required Preservation - Properties 2.5 acres or greater and developing as single-family residential are required to preserve 20% of the DBH or 20% of the tree canopy. Because 50% of the Upland Habitat ESA canopy was already being preserved, the 20% tree preservation requirement was already met. Required Mitigation – Mitigation is only required for removal of Protected Trees; any healthy tree with an eighteen (18) inch or greater DBH and not in a Quality Tree Stand. Because all the trees were part of the Upland Habitat ESA canopy, they all qualified as being in a Quality Tree Stand, and as a result don’t meet the definition of Protect Tree. PENDING APPLICATIONS Alternative ESA Application AESA20-0003 was submitted to disturb 0.63 acres of ESAs; 0.39 acres of Water-Related Habitat ESA and 0.24 acres of Riparian Buffer ESA in order construct 4 storm water drainage channels. Staff Review - Environmental Services staff reviewed the Alternative ESA application and determined that the mitigation for the installation of four (4) storm water channels meets the established criteria. Neighborhood Meeting – A neighborhood Zoom meeting was held regarding the Alternative ESA request, however most of the concerns raised had to do with removal of the trees within the Upland Habitat ESA. An Alternative ESA is not required for removal of Upland Habitat ESA (canopy). Public Hearings - The Planning and Zoning Commission is scheduled to hold a public hearing on this item on July 22, 2020 and the public hearing with City Council is scheduled for August 18, 2020. Date: July 17, 2020 Report No. 2020-064 City Council Action – In accordance with Section 2.8.4 of the DDC, Council may approve, approve with conditions, or deny the Alternative ESA in based upon the review criteria in that section. Should Planning and Zoning Commission vote to deny, or 20% of the property owners surrounding the area object, a super majority would be required for approval. Staff has indicated that two options have been presented by the applicant regarding the storm water drainage channels with the Alternate ESA being one of those options. If the Alternative ESA is denied, the second option would involve further removal of trees within a Quality Tree Stand that is outside of the Upland Habitat ESA. NEXT STEPS Development Services and the Parks Department staff reached out to the applicant the day after the neighborhood meeting to discuss the possibility of increasing tree preservation within the Upland Habitat ESA. While no definitive solutions have been finalized, the applicant did agree to work with staff over the next two weeks to explore options. It is staff’s intent that once these options are established, an item for discussion would be place on the July 28, 2020 City Council Agenda for discussion/direction on the options. This would ultimately be memorialized through a Memorandum of Understanding (MOU) that would be a companion item to the Alternative ESA request. While the MOU is technically unrelated to the Alternative ESA request, the applicant has agreed to postpone the Alternative ESA request from the July 22, 2020 Planning and Zoning Commission meeting, to a date certain of August 5, 2020. The item would remain on the August 18, 2020 City Council Agenda. CONCLUSION: This ISR has been provided for informational purposes. ATTACHMENTS: None STAFF CONTACT: Richard Cannone, AICP Director of Planning and Deputy Director of Development Services (940) 349 – 8507 Richard.Cannone@cityofdenton.com