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AESA18-0003a
S:\Legal\Our Documents\Ordinances\19\AESA18-0003 revised.doa ORDINANCE NO. AESA18-0003a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN FOR APPROXIMATELY 45 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY 600 FEET WEST OF ROXBURY STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (AESA18-0003) WHEREAS, VS Development has applied for an Alternative ESA Plan to allow the development of a single-family detached dwelling development on approximately 45 acres of land, legally described and depicted in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHERAS, the purpose of the Alternative ESA Plan, attached as Exhibit `B," is to mitigate encroachments from a road crossing across an existing Riparian Stream Buffer on the Property as shown in Exhibit "B;" and WHEREAS, on February 6, 2019, 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 (6- 0) of the Alternative ESA Plan; and WHEREAS, on March 5, 2019, 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 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code as further conditioned; and WHEREAS, the Planning and Zoning Commission and 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 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; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I"" "I ION 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 is hereby approved with the following conditions: 1. 11.5 acres of existing Cross Timbers Upland Habitat and 11.7 acres of tree canopy must be preserved. 2. Encroachment into the Riparian Buffer ESA shall not exceed 10,000 square feet. 3. Invasive species within the Fletcher Branch Tributary No. 4 Riparian Buffer ESA, specifically Chinese Privet and Callery Pear, must be removed. Chinese Privet must be removed by mechanical means, without chemical application. 4. Revegetation of areas disturbed by invasive species removal with the native plants provided in Table 3 of the Alternative ESA Plan and ground cover seeding of Riparian Restoration mix shall commence prior to the first building permit. 5. Annual reporting during the first three years, describing the cumulative mitigation work performed and the survivability of the plantings, shall be submitted for staff review and inspection. 6. Plants installed as a part of the proposed native flora revegetation must be installed and maintained by the current property owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period must be replaced by the current property owner/developer. 7. Final platting of the subdivision shall not allow connection to existing Hollister Road. SECTION 3. The City's official ESA map is hereby amended to show the change in the ESA designation and classification. LF `1"J0N 4. If any provision of this ordinance or the application thereof to any person or circums tance 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. l^:f D'ION 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. Any offense committed before the effective date of this ordinance is governed by prior ordinances and codes in effect when the offense was committed, and the former law is continued in effect for this purpose. S11"I 1°ION 7, In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. seconded b �� finance was made ordinance was passed a�a�rcl NN Y � ..u.� �� ..��:. , r� approved The motion to �� ) ove this or _ by the following vbte m Aye Nay Abstain Absent Chris Watts, Mayor: r� Gerard Hudspeth, District 1: - Keely G. Briggs, District 2: � Don Duff, District 3: .......... John Ryan, District 4: ..... re Deb Armintor, At Large Place 5:'` _....... Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the dayof'� ..._� `.. .. 2019. Cl-1l'bS WATTS, MAYOR ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY 0 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerry E. Drake, Jr.. BEING a tract of land situated in the T. Lobar Survey, Abstract No. 779 and N. Britton Survey, Abstract No. 51, Denton County, Texas, and being a portion of Lot 1, Block A, Lake Forest Good Samaritan Village, according to the Final Plat thereof recorded in Cabinet F, Page 36 of the Plat Records of Denton County, Texas, and being a portion of a called 84.897 acre tract of land described as Tract 4 in a deed to The Ev. Lutheran Good Samaritan Society of Sioux Falls, South Dakota, as recorded in Volume 1623, Page 58 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for the southeast corner of Lot 1, Block A, Lake Forest Park Addition, according to the plat thereof recorded in Cabinet W, Page 349 of the Plat Records of Denton County, Texas, being on the northerly line of a called 79.519 acre tract of land described in a deed to Endeavor Energy Resources, L.P., as recorded in Instrument No. 2005- 161734 of the Official Records of Denton County, Texas; THENCE North 01 014'50" West, departing the northerly line of said 79.519 acre tract, along the easterly line of said Lot 1, Block A, Lake Forest Park Addition, a distance of 2518.38 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the southerly line of a 25 foot wide right-of-way dedicated in Cabinet F, Page 36 of the Plat Records of Denton County, Texas, and on the southerly right- of-way line of Ryan Road, a variable width right-of-way; THENCE along the southerly line of said 25 foot wide right-of-way dedication and the southerly right-of- way line of said Ryan Road, the following courses: South 89052'29" East, a distance of 167.46 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 89°47'41" East, a distance of 50.60 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner; North 89°28'27" East, a distance of 409.87 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for the southeast corner of said 25 foot wide right-of-way dedication, common to the northerly northeast corner of said Lot 1, Block A, Lake Forest Good Samaritan Village; THENCE South 00025'03" East, departing the southerly right-of-way line of said Ryan Road and along an easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village, a distance of 223.86 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for an ell corner of said Lot 1, Block A, Lake Forest Good Samaritan Village; THENCE North 88°33'50" East, along a northerly line of said Lot 1, Block A, Lake Forest Good Samaritan Village, a distance of 175.82 feet to the southerly northeast corner of said Lot 1, Block A, Lake Forest Good Samaritan Village, being on the westerly line of Forest Meadow, Phase 2, according to the plat thereof recorded in Instrument No. 2014-268 of the Plat Records of Denton County, Texas, from which, a 1/2 inch iron rod found for witness bears South 38°31' West, 1.3 feet; THENCE South 00056'55" East, along an easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and along the westerly line of said Forest Meadow, Phase 2, a distance of 1903.03 feet to a 1/2 inch iron rod with plastic cap (illegible) found for the southwest corner of said Forest Meadow, Phase 2, common to the northwest corner of Lexington Park Phase Two, according to the plat thereof recorded in Cabinet V, Page 889 of the Plat Records of Denton County, Texas; THENCE South 01 °04'59" East, continuing along the easterly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and the westerly line of said Lexington Park Phase Two, a distance of 384.57 1-72 101 THENCE South 88056'13" West, departing the westerly line of said Lexington Park Phase Two, along the southerly line of said Lot 1, Block A, Lake Forest Good Samaritan Village and the northerly line of said 79.519 acre tract, a distance of 789.41 feet to the POINT OF BEGINNING and containing 44.973 acres (1,959,014 square feet) of land, more or less. Exhibit B p ,I A I / 4 N M�'iVd n � Y v WWQ C� � �iIFI tXT/11 � f10 x� y o�u o� y., Y� � I �Iptnidt� f m . y 8 b y i � o � : HBO 4� „p, i5 1� I y�Qh ,�, ...,,.. �..,.�...._.._. h / � era O1 y t Ir 00 oil ij , p r + 1 �s O u a v y *u. SDI, to a , I Url , ._.—............. ..,m—.i I, ji Aw Al p '.�.._ .�..`, Y �{ •a,„___�.a,. _...... ,, a j f q �Pr I�u ri r q d9 as lzv al Ia , c , , f� N ✓ r �,. I w � 1 f '•� oG y � � VI� �� mm I vM(y +�'Y..�W�n*n�.7 .4 r r J LL ¢OO I ''V FOZo j w Q�NZSaU w W fZOF Z��Fii� •L 1 Lb I •V tQ cnI L z N ® ++ m 3 �io CIO � Z a V y � YIY'il� r'I Good Samaritan East Tract Alternative Environmentally Sensitive Area (AESA) Report (AESA18-0003) January 2019 For compliance with: City of Denton Environmentally Sensitive Areas Assessment (ESA18-0012 Good Samaritan East Tract) Prepared by: Kimley-Horn and Associates Inc. 5750 Genesis Court, Ste. 200 Frisco, Texas 75034 Prepared for: VS Development LLC. 2925 Country Club Rd., #105 Denton, TX 76210 0" e Mf Horn i "117allble of Contents Introduction and Authority/Purpose and Need for Action Description of Overall Development ............................ Existing Site Description .............................................. Riparian Stream Buffer ESA .................................... Purposeof AESA......................................................... Notification and Review ................................................... Affected Environment and Summary of Impacts ............. Mitigation Activities.......................................................... Invasive Species Removal .......................................... Proposed Revegetation............................................... Erosion Control............................................................ Compliance with Authorities ............................................ Annual Reporting............................................................ Summary......................................................................... Annual Reporting Contacts ............................................. FlIgUires Figure 1 —Vicinity Map Figure 2 — Riparian Stream Buffers Map Figure 3 — ESA Proposed Impacts Map IIppen l Appendix 1 — Previous ESA Assessment (ESA18-0012) Appendix 2 — Tree Survey Data Appendix 3 — Approximate Landscape Plan and Examples of Proposed Vegetation Appendix 4 — Erosion Control Plans (���,I I , I . ,,[ I . Y X19 2 2 2 2 2 3 3 4 5 5 6 6 6 7 8 Kimley-Horn and Associates was retained by VS Development LLC. for Civil Engineering and Environmental Services for the Good Samaritan East Tract Development. This Alternative Environmentally Sensitive Area (AESA) Report is being submitted to the City of Denton under the Denton Development Code (DDC) Subchapter 35.3.4.5 to request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Report proposes mitigation measures for the impacts that will result in a higher quality proposed AESA while providing the Owner the ability to access and develop the subject tract. Description of Overall Development The proposed Good Samaritan project is 44.973-acres in size located at the southeast corner of Duffy's Way and Ryan Road in the City of Denton, Denton County, Texas (Figure 1). It is bound on the north by Ryan Road, on the west by Duffy's Way, on the east by Forest Meadows residential development, and on the south by the future extension of Creekdale Drive. The proposed project includes the construction of a single-family residential development including access roads and associated utilities and infrastructure. The current zoning for this tract is NR-6 which allows a density of 6 units per acre or 269 total units. The proposed development is for 140 total units equivalent to a density of 3.11 units per acre, which is significantly below the allowed zoning. Existing Site Description The project consists of primarily wooded areas with some open areas throughout the site. Kimley-Horn Environmental staff conducted a site visit to the project area on June 7, 2018 to confirm environmentally sensitive areas (ESA) mapped by the City of Denton and to identify aquatic features that would likely be determined to be regulated (jurisdictional) by the U.S. Army Corps of Engineers (Corps). It was determined that there were two likely jurisdictional streams on the property and associated Stream Buffer ESA. Upland Habitat ESA was also identified throughout the study area. In association with the two jurisdictional streams, a 50-foot riparian stream buffer ESA was identified on either side of both streams. The onsite streams and ESAs identified during the site reconnaissance and the previous City mapped ESAs are shown in the ESA Assessment, ESA18-0012, provided in Appendix 1. Riparian Stream Buffer ESA Two likely jurisdictional streams were identified within the study area, an ephemeral stream in the northwest corner and Fletcher's Branch Tributary No. 4, an intermittent stream through the northern portion of the study area. These were both field identified as part of ESA18-0012. The Riparian Stream Buffer ESA surrounding the intermittent stream was previously mapped by the City of Denton; however, the ephemeral Riparian Stream Buffer was not previously mapped. The Riparian Stream Buffer ESAs are shown in Figure 2. Purpose of AESA The purpose of the Alternative Environmentally Sensitive Area Report is to propose mitigation for the impacts to the Riparian Buffer ESA caused by roadway improvements to cross Fletcher's Branch Tributary No. 4. The proposed roadway would be a local residential roadway with a 55-foot right-of-way and would connect the north portion on of the subject tract to the southern portion of the subject tract. An 8-foot utility easement adjacent to the right-of-way for franchise utilities is also required. Accounting for the construction of the infrastructure improvements, the impact along the riparian buffer would be limited to one hundred - feet (100') in length along the tributary. Figure 3 shows the proposed impacts to the Riparian Stream Buffer ESA. J,,,, Y JJ19 Additional Project information is available from City of Denton Case Number ESA18-0012 and PP18-0018 within ProjectDox. This AESA Report explaining the mitigation measures for impacts to an ESA will be provided to the City of Denton for formal notification of the activity and review of the proposed restoration activity. A review of the Nationwide Permit program indicates that the NWP 14 — Linear Transportation Projects should authorize the proposed crossing and does not require Preconstruction Notification to the Corps. The attached Figure 2 shows the Riparian Stream Buffer ESAs associated with jurisdictional streams identified by Kimley-Horn environmental staff on June 7, 2018. There are two separate areas that are designated as Stream -Riparian Buffer on the subject tract. One, an ephemeral stream, is located in the northwest portion of the tract and crosses diagonally. The other is Fletcher's Branch Tributary No.4, an intermittent stream, which enters the northeast portion of the tract and flows southwest and then west to the western boundary of the tract. There are no proposed impacts to the Riparian Stream Buffer located within the northwest corner of the site. The development is proposing to cross Fletcher's Branch Tributary No. 4 with a residential street that will connect the southern portion of the tract with the northern portion. It will also allow the entire tract direct access to Ryan Road to the north and Creekdale Drive to the south. The proposed impacts are limited to one -hundred feet (100') along the center line of the creek and to 0.23-acres in total. The impacts are associated with the required Right -Of -Way (ROW, 55' wide), franchise utility easement (8' wide), and construction area needed to construct the three proposed 10' by 4' box culverts, headwalls, and rock rip -rap. These are shown on Figure 3 in the attached Figures. The vegetation within the proposed impact area, shown in Figure 3, includes a combination of both native and invasive species. Dominant tree species included post oak (Quercus stellata), pecan (Carya illinoinensis), eastern red cedar (Juniperus virginiana), and cedar elm (Ulmus crossifolia). A limited number of small Osage orange (Maclura pomifera), hackberry (Celtis laevigata), and Mexican plum (Prunus Mexicana) with a DBH less than 6-inches were also observed. A summary of the trees observed within the impact area is shown in Table 1, below. Most of the trees observed within the impact area had a DBH less than 6-inches. A majority of the understory consisted of Chinese privet (Ligustrum sinense) and green briar (Smilax spp.); however, a variety of upland grasses were also observed in patches throughout the impact area. Chinese privet was the dominant understory species, exhibiting 75 to 100 percent cover and having an average density of approximately 8 plants (clumps of stems) per 5-square feet. Representative images of the vegetation within the impact area are shown in Figure 3 and the full survey of observed trees is included in Appendix 2. Table 1. Summary of trees observed within the impact area. Species Number Average DBH* Smallest DBH* Largest DBH* Number of trees of trees (inches) (inches) (inches) 26-inches DBH* Eastern red cedar (Juniperus virginiana) 32 3.6 1 7 4 (;,, ,,II , I . ,,[ I . J,,,, Y JJ19 Table 1. Summary of trees observed within the impact area. (continued) Species Number of trees Average DBH* (inches) Smallest DBH* (inches) Largest DBH* (inches) Number of trees 16-inches DBH Hackberry (Celtis laevigata) 1 2 - - 0 Post oak (Quercus stellate) 7 7.7 3 18 2 Cedar elm (Ulmus crossifolia) 24 3.8 1 8 2 Mexican plum (Prunus mexicana) 2 2 2 2 0 Osage orange (Maclura pomifera) 1 4 - - 0 Pecan (Carya illinoinensis) 5 13.4 10 18 5 *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. A flood study has been prepared to size the proposed culverts and prevent upstream and downstream adverse impacts to Fletcher's Branch Tributary No. 4. A Downstream Assessment and Floodplain Study has been prepared to determine the size of the proposed culvert crossings and to show no adverse impacts on adjacent properties are expected as a result of the Good Samaritan development. The study found that 3-10'x4' box culverts will be needed at the proposed residential street crossing on Fletcher Branch Tributary 4 to pass the 100-year peak flow. No increase in 100-year peak flows are anticipated downstream of the subject property. The Downstream Assessment and Flood Study will be formally submitted to the City of Denton for review, comment, and approval. Impacts to the Riparian Stream Buffer ESA shown in Figure 2 are minimal and limited to the one residential roadway and associated utilities. No adverse impacts upstream or downstream of Fletcher's Branch Tributary No. 4 are proposed and the flood study referenced above confirms the avoidance of impacts. A contractor will be instructed by VS Development LLC. to remove invasive species through the Riparian Stream Buffer shown in Figure 2 and replant the areas of removed, invasive vegetation with native species appropriate for a riparian stream buffer habitat. The resulting AESA will be higher quality habitat than the existing ESA. The overall Good Samaritan East Tract development is proposing to exceed both the minimum preservation requirement of Upland Habitat ESA and overall tree canopy. The minimum preservation requirement of Upland Habitat is 50%, and 56% of the documented on -Site Upland Habitat is proposed to be preserved. This is equivalent to an additional 1.25-acres of Upland Habitat being preserved beyond what is required. The minimum preservation requirement for the overall tree canopy is 20%, and 38% of the tree canopy is proposed to be preserved. This is equivalent to an additional 5.54-acres of canopy cover being preserved beyond what is required. The areas of preservation are shown in the Appendix 3 and the proposed preservation is summarized in Table 2 below. Table 2. Summary of preservation proposed on overall development. Preservation Minimum Required Amount Proposed Amount Beyond Minimum Required Canopy Cover 6.16-ac (20%) 11.7-ac (38%) 5.54-ac. (18%) Upland Habitat ESA 10.25-ac (50%) 11.5-ac (56%) 1.25-ac (6%) (;,,-I SI , I . ,,[ I . J,,,, Y X19 Invasive Species Removal Two woody invasive species were observed within the study area during the site reconnaissance, Chinese privet and Callery pear (Pyrus calleryana). The invasive species will be removed through root pruning and hand clearing within the on -site Riparian Stream Buffer. More specifically, the invasive species will be removed by cutting the stems near the ground and painting the cut stumps with an herbicide. Grubbing the plants out of the ground or using a "weed wench" may also be used. While removing the Chinese privet and Callery pear observed within the riparian stream buffer will result in a loss of mid -story canopy cover and understory, the removal of invasive species will also remove competition and allow the planted vegetation to develop into a fully functioning native herbaceous understory and mid -story tree canopy. The ultimate goal of the mitigation is to develop an AESA with higher quality, native habitat that will not need additional maintenance beyond the initial tree plantings and invasive species removal. Proposed Revegetation The developer is proposing to replant the Riparian Stream Buffer (AESA) with native woody plants following the removal of invasive species. A selection of native woody species considered for replanting the AESA is shown in Table 3 below. Table 3. A selection of native woody species considered for planting in the AESA. Habitat Type/Species Scientific Name Common Name Planting Size (gallon) Projected Canopy (feet) Projected Height (Feet) Plant Type Riparian Trees Cercis canadensis Redbud 5 15-20 15-20 Small tree Ilex decidua Deciduous holly 3 6-10 8-12 Large shrub/Small tree Sophora offinis Eve's necklace 3 10-20 15-35 Small tree Prunus caroliniana Carolina laurel 3 10-35 15-40 Large shrub/Small cherry tree Prunus mexicana Mexican plum 5 25 25 Small tree/Medium tree Callicarpa Americana American 3 4-6 4-6 Medium shrub beautyberry *Planting size references 5-gallon and 3-gallon plating stock, generally 5-gallon stock will be trees and 3-gallon stock will be shrubs —Projected canopy radius 25 years from planting The species selected are a combination of multiple sized trees and shrubs that will eventually grow to provide multiple vegetative strata and therefore replace wildlife habitat in both the mid -story tree canopy and understory. A Riparian Restoration Seed mix will also be seeded throughout the disturbed stream buffer area to provide a protective ground cover and additional understory strata. The seed mix includes multiple native species including herbaceous species such as Eastern gamagrass (Tripsacum dactyloides), switchgrass (Panicum virgatum), bushy bluestem (Andropogon glomeratus), and buttonbush (Cephanlanthus occidentalis). A full list of the species included in the Riparian Recovery Mix can be found at Native American Seed (http://www.seedsource.com/catalog/detai1.asp?product_id=4506). An approximate depiction of the revegetation of the AESA and an estimation of the proposed vegetation to be planted are included in Appendix 4. Approximately eight redbud trees, ten Mexican plum trees, ten Eve's necklace trees, twenty-three American beautyberry bushes, seven deciduous holly shrubs, and six Carolina laurel cherry shrubs will be planted within the AESA. The location and number of plantings were approximated based on aerial photography and field observations. The specific locations and amounts of each species that will be planted will be determined based on the location and size of the removed (�,,I SI , I . ,,[ I . J,,,, Y JJ19 invasive vegetation, as well as, the surrounding species already within the AESA. This will provide for a better diversity of species throughout the Riparian Stream Buffer. A final landscape plan will be provided to the City following the removal of invasive species. Plantings may be increased by up to 25% based on field conditions determined by the City of Denton Staff. Trees and shrubs will be planted in the winter or early spring (during their dormancy). Forbs and grass seeds will be sown in the spring or late fall, depending on the species. In the interim, temporary vegetative cover will be established by hydro -mulching or installing erosion control blankets. Irrigation is not proposed at this time; however, if the planted vegetation shows signs of stress or the survival rate does not meet or exceed 90%, irrigation may be deemed necessary and installed following the plantings. Erosion Control Erosion control measures will be implemented during the stages of construction. For the construction of the utilities and drainage structures crossing Fletcher's Branch Tributary No. 4, a rock check dam and silt fence will be utilized to protect the undisturbed stream/riparian buffer and prevent illicit discharges. For the removal of the non-native invasive species and the replanting of native species, erosion control measures such as straw wattles will be implemented as necessary to prevent erosion runoff. These are low impact measures that do not create soil disturbing activities in order to provide erosion protection. Erosion control plans will be submitted with the Construction Plans (CEP submittal) for staff review, comment and approval. A preliminary erosion control plan has been provided in Appendix 5 for reference. The City of Denton is the authority over compliance with this AESA mitigation plan. Once the residential roadway and associated utilities has been constructed and the AESA mitigation activities have been completed the City of Denton will be notified that the restoration activities have been completed. WEEMMEEMM VS Development LLC. will prepare an annual report each year for three consecutive years, beginning 12 months following the commencement of the implementation of the mitigation activities, for the purposes of describing the cumulative mitigation work that has been performed during the reporting period, and to report on the current survivability of the plantings. These annual reports will be submitted to the City for review and inspection. The first two annual reports will contain actions items that may include: the replacement of dead planted trees, installation of irrigation equipment (if the vegetation appears to be stressed or the survival rate is low due to a lack of adequate water for root establishment), re -seeding the riparian recovery seed mixture as needed, and removing invasive species. Upon completion of the three-year monitoring and reporting period, the City shall inspect the plantings and determine whether ninety percent (90%) of the plantings are healthy and have a reasonable chance of surviving to maturity. The City of Denton Environmental Services will conduct an inspection after three years to confirm the 90% survival rate and accept the project. After city inspection if more than 10% of vegetation is found to be diseased or not having a reasonable chance of surviving, then VS Development LLC. shall be notified to replace any unhealthy or dead plantings. If VS Development LLC. does not take (�,,I SI , I . ,,[ I . J,,,, Y JJ19 remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. If changes need to be made to the mitigation plan during the three-year monitoring period, the City of Denton will be notified prior to making the plan modifications. The impacts proposed to the Riparian Buffer ESA are 0.23-acres, resulting from the construction of a residential roadway connecting the northern and southern portions of the proposed community. The mitigation for this impacts include the following: * Removal of invasive species, including Chinese Privet, throughout the riparian stream buffer within the study area (approximately 3.4-acres.) * Plantings of native species throughout the riparian stream buffer to replace understory lost with the removal of the invasive species. • Preservation of an additional 1.25-acres of Upland Habitat ESA and an additional 5.54-acres of tree canopy cover are proposed beyond the minimum City of Denton requirements for preservation. (�"I SI , I . ,,[ I . Y X19 Owner: VS Development, LLC 2925 Country Club Road, #105 Denton, TX 76210 Contact: Bob Shelton Phone: 940-536-1151 Email I�,-)olei.) lneIp:o.n..g...�]°"...p:.o.n.°".r. t.c.�:�.1m Environmental Scientist: Kimley-Horn and Associates 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 Contact: Sierra Gibbons Phone: 972-776-1762 Email i i„ iII.ki:..I... ..a.!.I'. LLA..:::h.�:�.I'.n....�.�.o.Im Engineer: Kimley-Horn and Associates 5750 Genesis Court, Suite 200 Frisco, TX 75034 Contact: Thomas Fletcher Phone: 972-731-2186 Email: ilno mas filet Ineir(u-)laimr ev...horn .coim i"1)""I Y A)19 sad Oimf `4P4 y - Area I .",, ........... 01W1 "fm,, """flno L), S 10, L"R, T, Ky." e "'A N 'NI rl I ,I is Lib yop 1"flo vendd, Ov Palo V"'de, f�' vwd.—fl n,m R f, I a, v i+PjMw L" ' v 5"qdor"hO F, al"') or, 1, 11 i �f eP p 6419 a'i wik IS v 4 Ai ,', V�' -NJ OJ �fr 4 Y"ef m ar Pi aI. U, 5R, ott 01 vJ r,",ndd0l,* IM l:'fr rf .. OQ W my v trot G"t ,,,I e, i G r L n, v" "ryV, 1� V 11, d. 00, Legend V ij r2I, fww,,,vfar,i cis Feet Study Area, 44.973-acres o" Y k � cl 10 500 1,000 �2,000 FIGURE DATE: 11/30/2018 Good Samaritan Kimley>>OHorn DRAWN: SDG Vicinity Map East Tract Thiapidd,d CHECKED AMB prar� dr �r ab ' dr Tli ' r 'g r a, Wing " a" ' P" r s.s It '. a of represent an ffie round and Denton, Denton County, Texas b., n dari.s P KHA NO.: 069306728 rprs,,ts wly th, ppr-,.� rdat— ladatidn fpr. ed' 13 Legend Study Area, 44.973-acres Observed Riparian Stream Buffer, —3.4-acres FIGURE DATE: 11/20/2018 2 DRAWN: SDG CHECKED: AMB KHA NO.: 069306728 Riparian Stream Buffers Nearmap January 2018 Feet '1 0 100 200 400 lJ Good Samaritan Kimley>>oHorn East Tract This p.d, d is fornf.r—t nal pu rp— end m ey n d have been prepared fororoe su aebl e for I mI, e,gi, awing, or s—ry ling Denton, Denton County, Texas purposes It does not represent an a thr, ground survey and representsonlytheapp_oe terelab°el«abonofpropem baandades Legend 0 Study Area, 44.973-acres err' , Observed ESA Stream Buffer, —3.4-acres IIII= Impact Area, —0.2-acres Feet 0 100 200 400 FIGURE DATE: 01/14/2019 ESA Proposed Good Samaritan !^����� i 3 DRAWN: SDG Impacts Map East Tract CHECKED: AMB This p.df.ris f.rrb, srohba f.rI imossaid s, rs—,yi Been KHA NO.: 069306728 Nearmap January 2018 Denton, Denton County, Texas p�m_s_it loess s P_hh,r a,o�m,-gro,,d s�Nevaid rs �s.fe ,y�eapp,°x'mhir, a�°e'«apo°ofp,opem APPENDIX 1 (�,, ,,I S,, I I - I I - I, I,,,,[ I - 1),,, 11111-111 4,18 DEPARTMENT OF DEVELOPMENT SERVICES 1'1&IMMM, Development Services Center — 215 W. Hickory Street — Denton, Texas 76201 voice: (940) 349-8541 DENrON www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Project Name: Good Samaritan East Tract Parcel(s) Tax ID# (Required): 128100 Project Address (Location): SEC of the intersection of Ryan Rd and Duffy's Way Total Acres: 45 AC. Previous Project Number (If Applicable): N/A Brief Description of Project: ESA ASSESSMENT Existing Zoning. NR4 Proposed Zoning: N/A # of Existing of Proposed Lots: 138 +/ Name: Jason Guenther Company Name: The Evangelical Lutheran Good Samaritan Society Address: P.O. Box 5038, Siox Falls, SD 57117-5038 # of Existing Units:_ # of Proposed Units: 138 +/ Telephone: (605) 359-7252 Email: jguenthe@good-sam.com CHECK ONE OF THE FOLLOWING: ❑ I will represent the application myself; or ® I hereby designate KIMLEY-HORN AND ASSOCIATES, INC. (name of project representative) to actin the capacity as my agent for submittal, processing, representation, and/or presentation of this development application. The designated agent shall be the principal contact person for responding to all requests for information and for resolving all issues of concern relative to this application. I hereby certify that I am the owner of the property and further certify that the information provided on this development application is true and correct. By signing below, I agree that the City of Denton (the "City") is authorized and permitted to provide information contained within this application to the public. The City is also authorized and permitted to reproduce any copyrighted information submitted in connection with the application, if such reproduction is associated with the application in response to a Public Information Request. Owner's Signature: Date: STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public, on this day personally appeared (printed owner's name) the above signed, who, under oath, stated the following "I hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the day of 20 Notary Signature (seal) Page 1 of 2 Updated. 08/16 DEPARTMENT OF DEVELOPMENT SERVICES 1'1&IMMM, Development Services Center — 215 W. Hickory Street — Denton, Texas 76201 voice: (940) 349-8541 DENrON www.cityofdenton.com Environmentally Sensitive Area Assessment Application and Checklist Please note that this checklist is intended to assist developers and design professionals in the preparation of submittals for DRC review and are generally what is needed to facilitate the review of the proposed Environmentally Sensitive Area Assessment. A submittal of a complete application will facilitate a timely review. Failure of the applicant to provide required information or obtain a waiver from the DRC Chair will result in application not being processed. Under special circumstances, additional items may be required through the Development Review Committee process prior to approval. ® Application and Checklist. ® Associated Fee(s): as listed on the Development Review Fee Schedule. ® Project Narrative: Written proposal for the project. Describe the purpose of the Environmentally Sensitive Area Assessment (ESA) and the type of ESA that you are requesting. (Stream Buffer, Upland Habitat, Flood Plain, Water related Habitat, etc.). If applicant would like to be present during ESA, please state this in your narrative. ® Map of Area: Indicating the area for assessment and include a vicinity map. ® All documents shall bear appropriate seals, stamps or other validations/certifications of work as applicable in accordance with State law and local requirements. ® Environmentally Sensitive Area Assessment Checklist: I have reviewed the checklist and all submittals for completeness and accuracy. ® All documents are required to be PDF files, each sheet will be a single item and will be uploaded into ProjectDox. Page 2 of 2 Updated. 08/16 Good Samaritan East Tract ESA Assessment Narrative To: City of Denton Cc: Bob Makowski, Development Services Center From: Thomas Fletcher, P.E., Kimley-Horn Sierra Gibbons, Kimley-Horn Alex Brown, PWS, Kimley-Horn Date: July 19, 2018 Subject: Good Samaritan East Tract— ESA Assessment — Project Narrative The Good Samaritan project consists of a 45-acre tract of land located at the southeast corner of the intersection of Ryan Road and Duffy's Way (Sheet 1). The City's GIS delineates an ESA stream buffer and ESA upland habitat on site (Sheet 2). We would like to request confirmation of our ESA Assessment of the area as shown in Sheet 3. A comparison of both the ESA stream buffer and ESA upland habitat mapped by the City and the ESA features observed during a field reconnaissance by Kimley-Horn staff are shown on Sheet 4. Based on a field reconnaissance performed on June 7, 2018, it is our analysis that the City mapped stream buffer shown on Sheet 2 is mostly consistent with the observed buffer surrounding the intermittent stream, with the exception of a short stretch of stream buffer along the eastern boundary of the study area. An additional stream buffer was observed in the northeast corner of the study area associated with an ephemeral stream. Both the ephemeral stream and associated stream buffer are mapped on Sheet 3. Both the ephemeral and intermittent stream are mapped on the USGS Topographic Map (Sheet 5). No wetlands were observed within the study area. The City mapped ESA upland habitat shown on Sheet 2 is not consistent with the observed onsite conditions. The City mapped ESA includes areas in the central portion of the site that were not observed to contain upland habitat or were non-contiguous areas of upland habitat less than 10-acres. The City also did not include areas in the southern and northern portion of the site that were observed as contiguous upland habitat. The City GIS suggests that the areas surrounding the upland pond near the center of the site contain upland habitat. However, based on the field reconnaissance by Kimley-Horn staff, these areas were observed to be mostly upland grasses and shrubs. A break in the tree canopy was also observed south of the pond, isolating approximately 1.8-acres of Cross Timbers habitat southwest of the pond. The area labeled as ESA upland habitat on Sheet 3 is dominated by post oak (Quercus stellata), burr oak (Quercus macrocarpa), cedar elm (Ulmus crassifolia), Chinese privet (Ligustrum sinense), eastern redbud (Cercis canadensis), Osage orange (Maclura pomifera), and greenbrier (Smilax spp.). Other species within the ESA stream buffer/water related habitat included American elm (Ulmus americana), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), eastern cottonwood (Populus deltoides), and poison ivy (Toxicodendron radicans). Areas not included in the upland habitat on Sheet 3 are composed of young and isolated trees or clumps of trees, and upland grasses. Copyright © 2018, Kimley-Horn and Associates, Inc. Good Samaritan East Tract ESA Assessment Narrative Photos from the field reconnaissance performed on June 7, 2018 are included, as well as, the corresponding photo location map are on Sheet 6. A representative from Kimley-Horn would like to be present during the assessment. We look forward to working with the City of Denton on this project. Copyright © 2018, Kimley-Horn and Associates, Inc sad a"Of `4P4 y - Area I .",, ........... 01W1 10, IV F�' I's 0 T, e A N 'NI I ,I is Lib yop 1"fls, vsnl�ki Uv Palo Vl"'de' f�' sl 4'sb vwd.—fl n,m R f, I s v i+PjMw U, ' v 5"qhlor"W F, or, �f eP hy t h, & S IS v 4 Ai ,', V�' -NJ OJ �fr 4 Y"eh m "'r Pi aI. U, Is ott vJ IM l:'fr rf .. OQ W my r L a, T v troo G"t ,,,I e, i G v" V, 1� V 11, Legend h, Is on V ij Ij I, cis s l Study Area, —45-acres k � cl Feet �2,000 o" Y 10 500 1,000 SHEET DATE: 07/19/2018 Good Samaritan Kimley>>OHorn DRAWN: SDG East Tract (D . Vicinity Map This p,rp..s h,d ,hy,d h., b., CHECKED AMB KHA NO. 069306728 Denton, Denton County, Texas P _s It " s ,t rsprss.,t h, �'th,, gr,.,,d s—,y h,d ths spP_ hh rsprss.,ts , y hhe re1—ti., of property Legend Q Study Area, —45-acres ESA Stream Buffer EM Existing ESA Habitat Removed Upland Water related SHEET 2 DATE: 07/19/2018 DRAWN: SDG CHECKED: AMB KHA NO.: 069306728 Feet 100 200 400 City of Denton Good Samaritan Kimley>>OHorn Mapped ESA Habitat East Tract for Proposes end g, r —t i b n pr-r f.rrb,Is, tau ors p�wasd rIt"ts surapr r and Buffer Area Nearmap January 2018 Denton, Denton County, Texas ,ti ,i, 'th,gr... ud p"moses_ it does nor �ep�ese�r a� o�m�-g�o��d s�Nw aid rop s°,yhe Pp,°x' t,fe'a�4eI—t-°fps°Pew Non-contiguous Upland ESA Habitat less than 10-acres in size 0 Legend QStudy Area, —45-acres Observed Ephemeral Stream, —420-linear feet Observed Intermittent Stream,—1,115-linear feet Observed Upland Pond, —0.1-acres Observed ESA Upland Habitat, —20.6-acres Observed ESA Stream Buffer/Water Related Habitat, —3.4-acres Observed Non-contiguous Upland Habitat, —1.8-acres SHEET DATE: 08/23/2018 3 DRAWN: SDG CHECKED: AMB KHA NO.: 069306728 Aquatic Features and Observed Onsite ESA Habitat Nearmap January 2018 Feet 0 100 200 400 Good Samaritan Kimley>>oHorn East Tract This pmdocfisforinf—'-atom purposes end,hyn d h., been prepared fororoe surcebi e for iegei, eng ., g, or surveying Denton, Denton County, Texas purposes it does not represent en an-0re-ground survey end rspresentsoniytheeppraeirnatereiabvei«ebonofpropem baandades Non-contiguous Upland ESA Habitat less than 10-acres in size Legend QStudy Area, —45-acres Observed ESA Upland Habitat, —20.6-acres f Observed Non-contiguous Upland Habitat, —1.8-acres Observed ESA Stream Buffer/Water Related Habitat, —3.4-acres Mapped ESA Stream Buffer on City GIS Existing Mapped ESA Habitat Based on City GIS Removed Upland Water related SHEET DATE: 08/23/2018 4 DRAWN: SDG CHECKED: AMB ' KHA NO.: 069306728 arved and City Mapped Onsite ESA Habitat Nearmap January 2018 Feet 0 100 200 400 Good Samaritan Kimley>>oHorn East Tract Thisp.d,d is forinf.—t.n al pu rposes end m ey n d have been prepared fororoe su aebl e for I mI, e,gin awing, or sory ling Denton, Denton County, Texas purposes It does not represent an a thr, ground survey and representsonlytheapp_oe terelab°el«abonofpropem baandades O 00 nw� Yl 7 �.... .d ��. ii.» a"e G `,f .... ... •�qu ,M' mw az 0 W w w Xw �Wa���w° � rwa�XnW mm vI, :W� r n w" �W �� � ,Y w �oou w �v MX a m oW°w 0, *W' III4411 qy M gr Nwy NIS INWN 91tl M44. ernI *.I k WW MWAN F "W wAuww n w 4� ww�wWin rw WaruW id m,� »� � �II �� °a � wN n+b rG � WW WW, l w„ " Wn w,wW an WwxWWWro wue w, W .,�r MWWkAM1wW�N+IWtMMMYW�«W � � tlW W!M WA4wN�itwry'"W WiWMNWWIp�VLw � eoud •,.,,••.`",• I D �tlr&%�XaW Nv'W MWW WsaWWi,Wwb ryFN Wes. 'w, �pn �o �" VnW W-WwWwMM WtiBN4W w%' W^'n �� •, � „� 000u 1,110 W,WW w �.°" n ray a XwMorr.«,,, 'mu� Nop fir, Y m WX � r wo-11% �yiu� W m 'XXM1 tWN�4 � A" or 6�yygwMaumd✓*w �b'wW al9'WM„!Wlq� UU 'iM� ......... 6 4 p�fi. Wwlryx„n. Cl hil E,w o dj ¢ 1P 71 ,,. E Legends W " Feet 0 Study Area, —45-acres 0 250 500 1,000 SHEET DATE: 07/19/2018 a,,l imle >M DRAWN: SDG USGS Topographic Good Samaritan '1'w1, � 5 Map East Tract This d,,f�s fo, iffo�st— dma dh.,b., CHECKED: AMB °`° °omosasao .r p,apasd roe oroaat rsparo,iayn nth,g oe,sm,yhng pamo�s_ it does oor �ap�a�or ao Dame-g�oaod saNev and KHANO.: 069306728 Quad Name: Denton East Denton, Denton County, Texas eo���fs ,ythaapp—hhhfa,a'at°a'«ap°a ofp,opam� 0 Legend G Photo Location �, x Photo Direction Stud Area, —45-acres f Feet Y ti SHEET 6 DATE: 07/19/2018 Photo Location Map Nearmap January 2018 DRAWN: SDG CHECKED AMB KHA NO.: 069306728 Good Samaritan Kimley>>oHorn EastTract This preen atis ter dnf—at., al pu rposes and m ey n et have been prepared for an' neforiegai, engmeenng, ors�NeNng Denton, Denton County, Texas purposes It does not represent an an the -ground survey and represents°a'ythe appr,arrhtere'ab°e'ddab°aofpropem td undades 01 03 05 m. Photos were taken on 06/07/2018 IYA M 11 MV 10 12 Photos were taken on 06/07/2018 13 111 17 14 iV ON Photos were taken on 06/07/2018 I '7 21 23 Ull Pia 24 Photos were taken on 06/07/2018 W MA 29 NO U-11 30 Photos were taken on 06/07/2018 31 33 35 Kea 36 Photos were taken on 06/07/2018 OR 41 Cto] 42 Photos were taken on 06/07/2018 E,W mll Photos were taken on 06/07/2018 APPENDIX 2 (�,, ,,I S,, I I - I I - I, I,,,,[ I - Table 3. Tree survey data from site visit on November 15, 2019. Number of Average Smallest Largest Species Observed DBH* (inches) DBH* DBH* DBH* trees (inches) (inches) (inches) Eastern red cedar 3, 2, 3, 4, 2, 4, 2, 4, 7, 1, 3, 2, 3, 5, (luniperus virginiana) 3, 2, 2, 6, 4, 3, 3, 3, 3, 3, 5, 5, 5, 2, 32 3.6 1 7 5, 6, 6, 4 Hackberry (Celtic laevigata) 2 1 2 Post oak (Quercus stellate) 18, 7, 3, 3, 5, 3, 15 7 7.7 3 18 Cedar elm 3, 3, 3, 5, 2, 2 ,2, 1, 2, 4, 5, 5, 4, 5, (Ulmus crassifolia) 3, 5, 6, 5, 5, 5, 8, 4, 2, 2 24 3.8 1 8 Mexican plum (Prunus mexicana) 2,2 2 2 2 2 Osage orange (Maclura pomifera) 4 1 4 - - Pecan (Carya illinoinensis) 10, 12, 18, 15, 12 5 13.4 10 18 *DBH (diameter of the tree measured in caliper inches at approximately 4.5-feet from the ground) was estimated based on field observations on January 15, 2019. (;,,-I SI , I . ,,[ I . « 10 i„,"„,,- A014) APPENDIX 3 (�,, ,,I S,, I I - I I - I, I,,,,[ I - Q a a a Q d a a z= - P o w Elf z y o o m w� z z O Q F w U ' z ✓ o - p U� W d d o a s d w a w 0 0 'a - a ❑ - z Ow o o =' d 0o 0 H U of>�` / js TV �3 F �i� f�� �^�' f r;, -,//i a�„ �r� t{ � 7 ;. sir/ fC�rt✓�4 ,n. f t�LY/rye f v i v/ al pd�s tir � rr t� S �v a 4/ y a y F 1 I i / f //ii ri x r r � � f S ✓<k',\ y � N / t MATCH LINE SEE SHEET T 2 U. IN ru{ t WE S Q a a a Q d a s z Elf z y o o LU w� z z O Q F w U D z o - p U� W d d o a s d w a w 0 0 chi - - w w z 'a - a ❑ - z Ow o o =' d 0o 0 H U NO MATCH LINE SEE SHEET T 1 (�� ii'ii4i r2r ��i h 1, „1 t, r r=� i� u + -.-%-r r � .. t ''11l% f/j,r;�� I lam, rRr / Oil N5s/ 1 ✓ r '// a / + > ,✓ 5 , h t } < r%%f iJ�hy % i 1 j; W Y E S APPENDIX 4 >. fA IL � a tl1 � Q� N vE� N GlWj4 1�11 w ILlw a g ava° mi T Ip22 u m m W. mm �' �vom m � ¢10 uo N .� w� m n v f6 Z d 'U� o_ a` u) N — U¢ -o a`U E za u : 0 X F Fw o W O W. ,,, W QDU Ebpy, 4 O�px APPENDIX 5 (;,, ,,I S,, I I - I I - I, I,,,,[ I - 14 r a Oe@ 2,0 w w JH. < z Yr w w mo ��r oa m m� Yg 0 or yam. Y� O� �__ ❑ ❑ mm.aww Ow 00 <.z in2 U� O � mW �Na 01 J o(a'J r d Z W ry � o oo �", 0 a 3 ram¢ m O x Ott w w W (7 z z \ -- -- ---------------- ------------------------- o > q "^ o a �v > w.z " ❑aO e >o❑ L.L z N O z o o " O w a O LL a r „z wa,. 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