AESA20-0002cS:\Legal\Our Documents\Ordinances\20\AESA20-0002 - Eagle Cove Ordinance.Docx
ORDINANCE NO. 7\LESA20-OO02c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN ALTERNATIVE
ENVIRONMENTALLY SENSITIVE AREA PLAN FOR APPROXIMATELY 18.83-ACRE
SITE, GENERALLY LOCATED ON THE SOUTH SIDE DUCHESS DRIVE
APPROXIMATELY 1.850 FEET WEST OF SOUTH LOOP 288 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. (AESA20-0002)
WHEREAS, ZPS Engineering, on behalf of Muhammed Karim, have applied for an
Alternative Environmentally Sensitive Area (ESA) Plan on an approximately 18.83-acres of land
as described in Exhibit “A” and depicted on the map provided on Exhibit “B,” herein by reference
(the “Property”); and
WHEREAS, the purpose of the Alternative ESA Plan for the Property, attached as Exhibit
“C,” is to mitigate encroachments from storm water utilities across Water-Related Habitat and
Riparian Buffer; and
WHEREAS, on September 16, 2020, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded
a full and fair hearing to property owners and interested citizens, and recommended approval with
conditions (6 - 1) of the Alternative ESA Plan on the Property; and
WHEREAS, on October 20, 2020, 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 2002 Denton Development Code, and is consistent with the Denton
Plan and the Denton Development Code; and
WHEREAS, the City Council of the City of Denton, in considering the application for an
Alternative ESA Plan for the Property, have determined that the proposed use for the Property is
in the best interest of the health, safety, morals, and general welfare of the City of Denton, and
accordingly, the City Council of the City of Denton is of the opinion and finds that said Alternative
ESA Plan is in the public interest and should be granted as set forth herein with respect to the
Property; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The Alternative ESA Plan for the Property is hereby approved with the
following conditions:
1.Prior to the platting approval, the Environmentally Sensitive Areas and mitigation area
(52,090 square feet as reflected in Exhibit “C”), shall be deed restricted. The deed
restrictions must include a perpetual maintenance provision for the mitigation area by the
homeowner’s association and shall be approved by the City Attorney’s Office prior to
approval of the final plat.
Land disturbance within the Riparian Buffer ESA is limited to 29,410 square feet and
permanent removal of Riparian Buffer ESA is limited to 20,900 square feet.
Following the construction of the infrastructure, 8,890 square feet of Riparian Buffer ESA
and 530 square feet of overlapping Undeveloped Floodplain ESA shall be restored with a
native vegetation seed mix appropriate for drainfields and that would promote the recovery
of the disturbed ESAs.
Prior to the issuance of any building permits for any structure, the applicant shall remove
the invasive shrub, Chinese Privet, from the Riparian Buffer ESA and mitigation areas, as
shown in Exhibit “C” and restore the Riparian Buffer ESA with a native seed mix that
would promote native vegetation recovery.
Vegetation established as a part of the proposed revegetation plan are to be seeded 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 are required to be replaced by the current property owner/developer to achieve
a minimum 90% survival rate.
Following the installation and inspection of the revegetation, the property owner shall
submit an annual report to the Environmental Services Director during the first three (3)
years describing the cumulative mitigation work performed and the survivability of the
plantings for staff review and inspection.
If civil engineering plans or other subsequent approvable plans identify a modification to
this Alternative ESA Plan, a revised Alternative ESA Plan will be prepared, and an
application made in accordance with DDC 2.8.4 will be submitted prior to a final plat
application submittal.
2.
3.
4.
5.
6.
7.
SECTION 3. The City’s official ESA map is hereby amended to show the change in the
Alternative ESA designation and classification for the Property.
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. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
Page 2 of 3
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.
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Aye
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Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:Jd
Jesse Davis, District 3 :\/
V/
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John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this,,fC)C+ob
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ATTEST:
ROSA RIOS, CITY SECRETARY
JC;2%,BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3 of 3
STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS, Muhammad Y. Karim, is the sole owner of the 18.830 acres, (820,225 sq. ft.), of land
located in the Mary L. Austin Survey, Abstract No. 4, Denton County, Texas, being the tract of land
described in the deed to Muhammad Y. Karim, recorded in Instrument No. 2008-8369, Deed Records,
Denton County, Texas. Said 18.830 acres of land being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the Southwest corner of said Karim tract, being at an ell corner of
a tract of land described in the deed to Staff Realty, Inc., recorded in Instrument No. 1994-6845, Deed
Records, Denton County, Texas;
THENCE N01°47'35"E, along the West line of said Karim tract and an East line of said Staff Realty, Inc.
tract, a distance of 722.20 feet to a 1/2" iron rod stamped "Beasley RPLS 6066" set at the NW corner of
said Karim tract, being the Southwest corner of a tract of land described as a 0.242 acres tract of land in
the deed to Texas Longhorn Equities, recorded in Instrument No. 2005-108795, Deed Records Denton
County, Texas, from which a 1/2" iron rod stamped "Alliance" found at the Northwest corner of said
Texas Longhorn Equities tract bears N01°47'35"E 11.59 feet;
THENCE along the North line of said Karim tract as follows:
1. N89°22'41"E, along the South line of said Texas Longhorn Equities tract, a distance of 952.76 feet to a
mag nail set at the Southeast corner of said Texas Longhorn Equities tract;
2. S00°34'50"E, a distance of 30.14 feet to a 1/2" bent iron rod found;
3. N89°25'05"E, a distance of 145.25 feet to a 1/2" iron rod stamped "Beasley RPLS 6066" set at the
Northeast corner of said Karim tract, being in the West line of a tract of land described as Tract One in
the deed to K & C Triple Crown Partners, L.P. recorded in Instrument No. 2012-147876, Deed Records,
Denton county, Texas;
THENCE S01°40'19"W, along the East line of said Karim tract and the West line of said K & C tract, a
distance of 748.14 feet to a pk with shiner found on top of a wooden fence post at the Southeast corner
of said Karim tract, being at an angle point in the North line of said Staff Realty, Inc. tract;
THENCE N87°41'30"W, along the South line of said Karim tract and a North line of said Staff Realty, Inc.
tract, a distance of 1,099.91 feet to the point of beginning, containing 18.830 acres of land.
The bearings recited hereon are oriented to NAD83 Texas North Central Zone.
BELLAIREMCKINNEY
LOOP 288D
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PRIVA T E
AESA20-0002
AESA – NARRATIVE
Eagle Cove Addition
9/9/20
The proposed Eagle Cove Addition will be an approximately 56 lot, 18 acre single family townhome
development along Duchess Drive approximately 1800 feet west of Loop 288. The project will complete
construction of the southern half of Duchess Drive which will provide access to the site.
The subject property consists primarily of a mixture of young forest and open areas with invasive exotic
species present, primarily Chinese Privet. A tributary of Pecan Creek flows through the site in a south-
easterly direction. A Rapid Stream Assessment found the stream to be in good condition.
In October of 2019 City of Denton staff performed an ESA assessment of the property (ESA19-0030). A
50 foot Riparian Stream buffer was identified on both sides of the stream. Additionally some Cross
Timbers Upland Habitat was identified overlaying the Riparian Buffer ESA as well as some Undeveloped
Floodplain ESA. The Undeveloped Floodplain ESA is contained entirely within the Riparian Buffer ESA.
Water Related ESA was determined not to be present.
The purpose of this Alternative Environmentally Sensitive Area Plan is to propose mitigation to
impacts to the Riparian Buffer ESA caused by the construction of residential roadways to cross
a tributary of Pecan Creek in two locations and for impacts to the Riparian Buffer caused by
the construction of a storm drain. Impact to the Undeveloped Floodplain ESA is limited to the
construction of the culvert of the southern roadway and is a permitted disturbance as
outlined in DDC 7.4.6B.1.o. No additional impacts are proposed to the Cross Timbers Upland
Habitat other than what is permitted by DDC 7.4.8A.1.
Additional project information is available from the City of Denton case files for ESA19-0030 and PP19-
0038.
Notification
An approval of the AESA will be required for the proposed deviations from DDC.7.4 for Riparian Buffer
ESA and Undeveloped Floodplain ESA. Nationwide Permit (NWP) 14 – Linear Transportation should
authorize the proposed crossing which does not require Preconstruction Notification to the Corps.
Affected Riparian Buffer ESA, Cross Timbers Upland Habitat, and Undeveloped Floodplain ESA Impacts
Attached exhibit EH-1 shows all ESA/Habitat boundaries overlaid on one exhibit for reference.
Attached exhibit AESA-1 shows the Riparian Stream Buffer ESA and the proposed crossings of the
tributary. The proposed impacts are associated with the required residential street ROW of 60’ and
utility/DME easement of 8’ needed to build 3 box culverts as shown. One storm drainage outfall to the
creek and a corner of Lot 3, Blk B impacts are also anticipated and shown on AESA-1. The proposed
Riparian Buffer ESA removal is limited to a total of 20,900 SF in the four locations as shown on AESA-1
and summarized in the ESA and Mitigation Area Summary Table – Table 1. Lot 18, Blk A will be an HOA
lot and Riparian Buffer and Cross Timbers Upland Habitat preserved.
The vegetation within the proposed impact area includes a combination of native and invasive species.
Dominant tree species include Post Oak, Shumard Oak, Blackjack Oak, Eastern Red Cedar, Cedar Elm,
Chinese Privet, and Fringed Green Briar. Chinese Privet is the dominant invasive understory species with
approximately 50% coverage.
The AESA-1 exhibit also shows a Natural Preserve of 5,560 acres of land on Lot 17 that will be set aside
for tree preservation. Cross Timbers Upland Habitat protection requirements will not apply to this area
as the understory is not being protected.
Attached exhibit CTU-1 shows Cross Timbers Upland Habitat on the site. As shown on the exhibit,
163,633 SF of Cross Timbers Upland Habitat is identified of which 115,944 SF will be preserved. This is
approximately 71 % Cross Timbers Upland Habit preservation which is well above the required 50%
preservation.
Attached Exhibit UFP-1 shows the Undeveloped Floodplain ESA which is entirely contained within the
limits of the Riparian Buffer ESA. Of the 7,956 SF of Undeveloped Floodplain ESA shown on the site
2,608 SF will be removed and is a permitted disturbance as outlined in DDC 7.4.6B.1.o.
Preliminary Plat and Engineering Approval
The Preliminary Plat approval process requires the submission and approval of extensive engineering
information including Floodplain Study, Downstream Stream Assessment, Drainage Analysis, Storm
Sewer Design, Utility Design, Roadway Design, Culvert Sizing etc. (See Preliminary Plat
Submittal/Approval requirements of the City of Denton). With the approval of the Preliminary Plat
(PP19-0038) these requirements were met and approved. The Stream Assessment and floodplain study
demonstrate no adverse impacts to/on adjacent properties.
If the CEP requires a modification of the AESA, a revised AESA will be prepared and an application in
accordance with DDC Section 2.8.4 will be submitted prior to a final plat application.
Mitigation
1) Upland Habitat Protection and Land Dedication: Dedicate an additional 52,090 SF of land
adjacent to the existing Riparian Buffer ESA for habitat development (See exhibit AESA-1 for
dedicated area). It is proposed that due to the large number of smaller desirable native species
(Post Oak, etc) already growing on this land that the area will be selectively hand cleared of
invasive species. No additional planting is proposed as the removal of invasive species (Chinese
Privet) will allow the dense population of smaller native species already growing (and that will
generate naturally) opportunity to flourish.
2) Riparian Buffer Preservation and Invasive Species Removal: Targeted Chinese privet
removal methods outlined by others (The Texas Invasive Plant and Pest Council,
https://www.texasinvasives.org) will be used as a guide in finalizing removal methods.
Removal methods and activities will be coordinated with Environmental Services staff and
will be done in a manner that will minimize impacts to native vegetation. Heavy invasive
species removal areas that would benefit from over seeding with an appropriate native
grass seed mixture will have the seed mixture applied after removal. Approximately one
year after initial removal the removal areas will be re-visited and any regeneration of the
invasive species will be removed in the same manor. Due to the dense population of
desirable species in the Riparian ESA, removal of invasive species will allow an even more
vigorous opportunity for desirable species to thrive.
3) Areas disturbed for construction: To restore the function of the Riparian Buffer ESA all areas
disturbed during construction including any disturbed area for the installation of the storm
outfall will be treated with an application of native seed mix. The storm outfall with its narrow,
linear construction footprint will be located to avoid existing trees in the Riparian Buffer ESA.
Treating any construction disturbance with a native seed mix will provide Riparian Buffer
restoration and allow native species an opportunity to thrive.
4) Riparian Buffer and Mitigation Area Preservation: The entire Riparian preserved area and
proposed mitigation area will be dedicated to the HOA for preservation. This dedication area is
designated by lot and block on the approved preliminary plat (Lots: 2A, 17A, 2B). The area will
be designated as a “Gro-Zone” and Gro Zone signs (See Exhibit AESA-2) will be placed as shown
on exhibit AESA-1. In addition one educational “Cross Timbers Ecoregion” sign (see exhibit
AESA-3) will be placed to be visible from a roadway in a location selected to be appropriate after
the completion of construction when a prominently visible location not destructive to
vegetation can be determined along Saddle Lane where it is adjacent to the mitigation area (see
exhibit AESA-1).
Note:
1) Installation and maintenance of proposed revegetation is the responsibility of the property owner
for a period of three years. Annual observation and reporting to City staff will be performed of the
cumulative mitigation work and any issues with survivability of plantings identified for staff review
and inspection for the first three years. After 3 years Environmental Services shall inspect for
confirmation that the project has achieved a final 90% native vegetation ground cover.
2) Native grass seed mix used to apply to disturbed Riparian Buffer ESA to be 25% each Sideoats Gama
and Wilman Lovegrass, 15% Switchgrass, 10% each Green Sprangletop, Indian Grass, and Little
Bluestem, and 5% Big Bluestem or an equivalent mix appropriate for the specific soil type and
exposure discovered at the time of application. Any modifications to seed mix shall be confirmed as
appropriate and acceptable with Environmental Services staff prior to application.
Table 1
ESA and MITIGATION AREA SUMMARY
ESA/Habitat Type Total Removed Disturbed Restored Mitigation % Removed Mitigation to
Area (SF)Area (SF)Area (SF)Area (SF)Area (SF)Removal Ratio
Riparian Buffer 128,140 20,900 29,410 8,890 52,090 16.0 2.5:1
Cross Timbers 163,633 45,733 NA NA NA 28 NA
Undeveloped Floodplain 7,800 4,410 4,940 530 52,090 56.0 12:01
(All within Riparian Buffer)
SF=Square Feet
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Z PROFESSIONALSERVICESF-108101111 S. Main Street, Suite 129Grapevine, Texas 76051(817) 865-5029
Z PROFESSIONALSERVICESF-108101111 S. Main Street, Suite 129Grapevine, Texas 76051(817) 865-5029
Z PROFESSIONALSERVICESF-108101111 S. Main Street, Suite 129Grapevine, Texas 76051(817) 865-5029