2005-319
S:\Our Documents\Ordinances\05\Open Space Concept Plan Ord.doc
ORDINANCE NO. 2005-.3/Q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
COMPREHENSNE PLAN TO INCLUDE THE OPEN SPACE CONCEPT PLAN; AND
PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, on December 7, 1999 the City of Denton adopted the Denton Plan, 1999-
2020; and
WHEREAS, the City Council has been presented with an Open Space Concept Plan
amending the Denton Plan, a copy of which is attached hereto and made a part hereof by
reference; and
WHEREAS, the Planning and Zoning Commission, after conducting a public hearing,
recommended approval of the Open Space Concept Plan; and
WHEREAS, the City Council, after a public hearing, finds that the Open Space Concept
Plan is in the public interest and will promote the health, safety and general welfare of the
citizens of Denton; 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 are true and correct.
SECTION 2. The City Council hereby approves the Open Space Concept Plan.
SECTION 3. The City staff is directed to change the Denton Plan in conformity with the
Open Space Concept Plan.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
/0flL day of t2tt1J~
C~ c-L
EULINE BROCK, MAYOR
,2005.
ATTEST:
JE ER WALTERS,
BY:
APP VED AS TO LEGAL FORM:
EDW~~, CIT ATTORNEY
BY:
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r-- -- -- -- - ---.--
I City of Denton Open Space Concept Plan
,
The Denton Comprehensive Plan stated that
'The City of Denton recognizes the need to value
it environmental resources appropriately. By
identifying, protecting and preserving those areas
with ecological value, further loss of our natural
heritage can be avoided." While Denton is a great
place to live and work, part of what defines the
quality of live in Denton is ready access to open
space, both in the City and in the many recreational
opportunities nearby. In addition to the quality of
life benefits, open space provides wildlife habitat,
assists in cooling the fierce heat of the Texas
summer, improves air quality, cleans and filters
water, and assists in flood mitigation,
The Importance of Parks
and Open Space:
. Natural areas provide opportunities for
passive recreational activities such as hiking
and nature studies, while trees provide shade
in parks for sitting areas.
. Quality natural environments and open
space amenities have become key decision
making factors in the location of employers,
as they try to attract workers,
. Access to parks and open spaces,
augmenting a place's quality of life has been
shown to add to real estate values.
. Landscaping with trees, shrubs and
perennials minimizes the need for mowing
grass and conserves energy and money,
. Natural areas provide habitat for a diversity
of flora and fauna - conserving and
protecting species diversity.
. Plants play an important role in recycling of
carbon, oxygen, and nitrogen compounds in
the atmosphere.
. Trees and shrubs are essential to soil
development and protect streams and other
watercourses from erosion.
. Plants improve the quality and supply of
ground water slowly releasing moisture into
the water table from root systems.
. Trees improve air quality by removing
airborne pollutants through their leaves,
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Because of the many critical roles open space can
plan in our lives, it has come to be referred to as
"Green Infrastructure n. "Green Infrastructure
is our Nation's natural life support system - an
interconnected network of waterways, wetlands,
woodlands, wildlife habitats, and other natural
areas; greenways, parks and other conservation
lands; working farms, ranches, and forests; and
wilderness and other open spaces that support native
species, maintain natural ecological processes,
sustain air and water resources and contribute to the
health and quality of life for America's communities
and people."
Manufactured Homes
Insl'LlionoI
Open Space
Recreation
Iroust,i.1
Sirgle-F .mily
ETJ
Transportation
AgricutL.re
Vacant
The Purpose of the Denton
Open Space Plan
All the benefits of Open Spaces will not be realized
without a plan of action. This plan provides the
framework by which Denton may pursue more
specific actions to preserve environmentally
sensitive lands and open space. The residents of
Denton have clearly articulated their desire to retain
open space and the unique character of the region.
This plan is meant to build on the foundation laid
by the Denton Comprehensive Plan, and the Denton
Development Code.
Open Space in Denton Today
Currently, of the 40,950 acres of the Denton City
and ETJ, 3,030 acres are in public ownership of
which 1,400 acres are in parks or protected open
space. Another 18,000 are vacant, privately owned
lands that are undeveloped today. It is on these
lands that future development will occur, and where
opportunities for new open space exist.
Land Use
iii Agricu Itu re
o Vacant
OETJ
iii Commercial
D Industrial
D Institutional
iii Multi-Family
iii Man ufactu red Homes
iii Open Space
iii Recreation
D Single-Family
iii Tran sportation
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Public Ownership
The Denton Parks and Recreation Department
currently maintains 28 parks, open space and
hundreds of acres of yet to be developed land
designated for parks. This inventory ranges from
active, full-service facilities, such as North Lakes
to the public green surrounding the Courthouse.
Through the Greenbelt Trail, the City has also
realized huge successes with parkland that is
utilized in a natural state. In addition, the City has
developed an extensive system of bicycle trails and
has begun a more comprehensive pedestrian trails
system including rail trails, equestrian facilities and
greenway trails. Today this extensive inventory
includes 23 parks and 4 open space preserve areas,
totaling just over 1,200 acres of land.
Parks
We all know that parks are important to people.
Not only do parks provide a respite from the noise
and bustle of traffic and crowds in cities and towns
but they also provide the stage for a whole range
of social activities. Parks, as a distinct type of open
space, are publicly owned recreational areas. They
may be a few acres of playing fields, or hundreds
of acres of natural areas for hiking, or passive
recreation, or a combination of both. However, they
are meant to be used by the public, and have open
access.
Open Space
Open Space is a more generic term that includes
parks, but also private areas that provide some of
the benefits of open space. Therefore golf courses
and cemeteries can be considered open space, as
are privately owned farms or ranches that have
been conserved through purchase of development
rights, or natural areas that are privately owned,
but similarly conserved. These latter, privately
owned open space areas provide many public
benefits, without the benefits of entry by the public,
but also without the tax burden of ownership and
maintenance.
One of the most important issues of urban
development in the coming years will be identifying
and managing areas that have environmental and
social importance. Historically, environmentally
sensitive areas have been destroyed, in the name of
'progress'to make way for development. Wetlands
have been filled, streams buried turned into culverts,
and lake shore areas filled and reclaimed. However,
in the last few decades, the people of Denton have
become increasingly aware of the value of a healthy
natural environment and open space.
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Floodplains & Riparian Areas
"Riparian" refers to those areas that are adjacent
to streams and lakes; often, it is also used to refer
to floodplains, wetlands and natural habitat found
within those areas. Riparian areas are beneficial to
water quality when they are preserved and when the
streams are lined with natural vegetation. These
areas, especially when vegetated, provide stream
bank stabilization and filter and retain storm water
flowing across the stream buffer, thus helping to
retain channel location, reduce flood potential,
provide important wildlife habitat and help to keep
streams and surrounding areas cool. The Denton
Development Code classifies these as the areas
within 100 feet from streams that drains over a
squarc mile in size, and 50 feet from streams that
drain less than a square mile. These streams, and
the point at which the stream drains less than one
square mile are on the official Environmentally
Sensitive Areas map. The Denton Code also works
to protect these areas by providing property owners
and developers with significant incentives to
transfer development densities away from riparian
and floodplain areas.
However, some of the larger riparian areas and
floodplain have such large significance for open
space values, they should be considered for open
space acquisition, for drainage and flood control,
habitat preservation, air quality benefits, and passive
water quality treatment. Some of these areas would
also provide passive recreation opportunities such
as hiking, fishing, or canoeing.
Water related habitat lands are farther from the
stream, but occupy important floodplain areas and
contain generally undisturbed native ecosystems
and wetlands important to the stream health and the
community's air and water quality.
In Riparian and Water Related Habitat lands, Lands,
most development activities are prohibited. The
intention is to leave these areas in a natural state,
including most of their native vegetation. This
benefits many elements of Denton's environment,
most notably air and water quality and flood
mitigation.
Floods have been a problem in Denton's urban areas
for much of its history, as some of the best places
to build in town often are the floodplains of Pecan
Creek. In addition to preventing property damage,
restricting development in floodplains serves many
other important functions. These include water
recharge, protection of wildlife riparian habitat,
and floodwater storage. The Denton Development
Code has fairly strict development limitations on
development in floodplain. There are just over
3,000 tax lots that lie partially within the lOa-year
floodplain, with roughly 600 of those parcels being
completely contained within one of Denton's
many, floodplains. As a result a significant number
of housing units and many businesses already
have located in the floodplain, including some
of Denton's most urbanized areas, such as the
downtown with Pecan Creek running right through it.
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Cross Timbers Oak land
Cross Timbers oak areas are unique upland habitats
to the Denton area. The ones considered significant
for open space values are generally larger than
10 acres or more and support a unique upland
ecosystem. Standards in the Denton Development
Code in these areas require that at least 50% of the
habitat in these large stands be conserved.
Approximately 75 percent of the Cross Timbers and
Prairie vegetation areas are utilized as range and
pasture. Major crops on the sandy Cross Timber
soils are peanuts, fruits, sorghum, wheat, oats, com,
and forages. Dairy operations are common, but
beef cattle cow-calf operations are the predominant
livestock activities.
Agricultural lands
Agricultural lands are valued in Denton for many
reasons ~ their beauty, their contribution to the
economy, and their value as open space and
buffering from other uses.
Agricultural lands protection often is controversial,
frequently because agricultural issues are poorly
understood. An important aspect to consider when
discussing agriculture is that it is a business and,
as with any business, profit is essential for its
continuance. Residents who move onto agricultural
land because of its pastoral nature often are
disturbed by the necessities of modem agriculture:
around.the.clock harvesting, manure spreading,
pesticide and herbicide spraying, and the presence
of strong odors and flies. Meanwhile, suburban
residents can disrupt the business of agriculture by
clogging roads with traffic, making the transport
of agricultural equipment difficult and hazardous,
owning animals that harass livestock, and filing
nuisance complaints against farmers.
In agriculture, it also is important to understand that
a farmer's land is his or her primary capital asset
after a lifetime of work. Urban residents value the
open space that agricultural land represents, but
zoning that restricts land use to agriculture only is
often resisted by the farmer if the land can be sold
for urban uses. as that will maximize the return to
the farmer.
In Texas, where county zoning is not permitted,
agricultural land protection can best be
accomplished by either transfer of development
rights or by the purchase of conservation easements,
or agreements in lieu of annexation. (See
Implementation Chapter for specifics)
Other Wildlife Habitat
Important wildlife habitats include prairies and
riparian areas as well as forested areas such as the
Cross Timbers lands. Many species' existence
depends on the continued health and connectivity
of these habitats. White.tailed deer, raccoon,
armadillo, squirrel, quail, and mourning dove arc
just a few examples of the abundant wildlife in the
regIOn.
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Setting Priorities
Thrcats to Opcn Space
With the hundreds of thousands of acres of open
space that are in and around Denton, a system of
prioritization must be established to identify those
lands that are best suited to protection. Utilizing the
power of Geographic Information Systems (GIS),
computer-mapping models have been created to
assess the threat and resource values of these lands
in and around Denton. This computer model is built
into two distinct parts. The first model analyzes
the resource potential of all the land, while the
second calculates potential threats to these resources
from development. Together, these components
are brought together to determine that land that
is both of most resource value, and that is most
threatened. The result is a mapping of areas with
the mathematical highest priority for protection,
preservation, or acquisition.
Vacant
Lands
City Water
Service
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Value of Resources
Threat of Loss
Riparian
Floodplain
~
r' _ ........
Tree
Stands
Zoning
Density
Sewer
Roads
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Composite Map
Open Space Threat
Assessment
-1.
".;--,\
. ..,~~...,:", \
',-
Modeled Highest
Priority Lands
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Undeveloped lands
Land areas that have yet to undergo significant
human alteration are more valuable as open space
for numerous reasons. Of utmost importance,
conversion to open space can be accomplished
without any displacement of human settlement,
helping to ensure that no individual resident is
forced to take on an undue burden for the good of
the rest of Denton's residents. Additionally these
lands will be both cheaper to acquire due to lack of
development and more likely to contain habitat and
natural areas that are considered valuable as open
space.
Environmentally Sensitive lands
Many of the key habitat and open space resources
occur on lands identified in the Denton Code as
Environmentally Sensitive Areas. In determining
potential value of open space, Floodplains, Riparian
Habitat and Upland Habitat are key factors. These
areas contain not only areas that are likely to be
relatively undisturbed, but also areas that feature
prime habitat for a number of species. Preserving
these lands can playa crucial role in retaining
diversity of species. Residents will also reap
the rewards of protection through such issues as
flood control, lower temperatures in the summer,
better air quality, and access to both the natural
areas and potential trails that might be run through
these areas. These lands are not as valuable to
land owners, as the building potential is lower;
accordingly, as with undeveloped land above, these
areas will be less expensive than developed, or
easily developable areas.
Threats Leading to Loss
of Open Space
Proximity to roads and service
The Proximity of open space to infrastructure can
help to estimate how threatened a specific site may
be. If there is already infrastructure in place, such
as roads and sewer, then an area is likely more
susceptible to new development. By recognizing
these areas, and those where services will soon be
extended, a potential threat from development can
be identified.
Future Population or
Employment Concentrations
The zoning types in the Denton Code carry much
detail, ranging from landscaping to allowed
uses. Paramount to Open Space planning is the
land use, and subsequently the intensity of future
development. Further, while not proscribing zoning
for areas outside the city, but inside the ETJ, the
Denton Comprehensive Plan provides an estimation
of the expected future development density.
Densities were analyzed in a gradient fashion, with
highest densities having the most potential threat
to open space resources. This calculation of likely
future was used in conjunction with the proximity
of roads and services to determine the combined
potential threats from development.
Access to population
The current Denton parks system serves most of
the population with parks within y., mile walking
distance. This is quite a high standard for the
provision of open space. New development,
however, will need to be served with additional
open space outside the existing City Limits. In
addition, completion of the system of trails within
the city should remain a high priority as this
contributes the interconnectivity of the overall
system of open space as well as to accessibility to a
wider population.
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. Working toward Consensus -
The Denton Open Space Workshop
On February 27, 2002, the City of Denton
sponsored an Open Space Workshop to help draft
a plan for the Denton region. The workshop was
designed to help develop both a priority list of sites
for the Open Space Network, plus recommendations
on methods necessary and a decision making
structure to help decide future questions of open
space need.
The workshop process enabled participants to
choose which areas they felt should be of the
highest priority and give valuable input about the
future of Denton's open space. Participants worked
in two small groups to create alternative plans, and
those plans were analyzed. The plans were then
synthesized into one final conceptual open space
plan that incorporated all the key themes and ideas
presented throughout the workshop.
The workshop resulted in an interconnected open
space system featuring continuous trail linkages
among the existing and proposed open space
acquisitions.
The workshop provided numerous specific ideas for
the enhancement of the open space system that will
form the kernel for its expansion. Most of the ideas
are applicable to the wider landscape and can be
interpreted
Open Space Plan - Introduction
Key Plan Elements
The plan includes the primary elements that are
described in the following discussion. As a plan,
the map should be interpreted, not as a parcel-
specific plan, but rather as a guide to a conceptual
open space master plan. There is considerable
flexibility among the component parts in terms of
implementation. Conservation sites may ultimately
be acquired or dedicated as open space through
the development process, and acquisition sites
may be partially developed in exchange for public
ownership of key areas, but it should be a guiding
document for the development of a comprehensive
open space system in Denton.
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. LEGEND
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11 I
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Trails or Trail Corridors
The Community Trail Network
Trails are to be both regional and local in scale and
should provide potential destination oriented trips
such as work or shopping while also providing
a recreational component. Trail networks are
identified that establish new, or that enhance
existing, regional and cross town routes, connecting
major centers of activity with non-motorized routes,
Additionally, enhancing the pedestrian connections
along local and regional transportation routes also is
important.
A variety of trail types allows for many different
uses. For example, a good trail system employs
both hard and soft surfaces. Hard surface trails are
generally for use by walkers, skaters, bicyclists, and
people with disabilities, These trails are the ones
which will serve both recreation and transportation
functions. Unlike the hard surface trails, which
might start off as natural and only later be paved
when funds are available, the soft surface trails
will serve the Denton's nature preserves and other
areas where the focus on natural resources takes
precedence over the need for mobility.
In addition to pedestrian-only trails through
sensitive natural areas and off-road bicycle trails
in less sensitive ones can provide both important
access to Denton's Open Space and important
transportation links. Denton currently has a trail
network that runs just under fifty miles in length.
The most notable of Denton's trails are the Ray
Roberts Greenbelt connecting the City from Lake
Lewisville all the way to lake Ray Roberts, and
the more recent Rail to Trial conversion extending
Southwest from Downtown Denton to beyond the
city limits. Many of the drainages within town,
such as Pecan Creek for example, have many
places where "Volunteer" trails have been created
to supplement the official trail network. These
"Volunteer" trails are a result of people walking
or biking over the open land, in essence showing
us where they would like the improvements.
Additional unofficial trails can be seen at North
Lakes Park.
Regional Parks
Regional Parks are places for recreation, education
and rejuvenation and provide for a vast array of
native fish and wildlife. Regional parks are unique
jewels featuring sensitive habitats, awesome
landscapes and views, trees, heritage buildings and
sites and basic facilities.
The North Lakes Park off of Bonnie Brae Road,
just North of University Drive is a shining example
of a Regional Park. It offers a range of recreation
alternatives and serving residents from all parts of
the city with its ball fields and courts, Community
Recreation Center, Trail and wildlife to name a
few attractions, North Lakes Park is also well
positioned to serve a future expansion of population
to the north, running up to and just past Loop 288.
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Ecosystem Habitat
Many of the habitats in the Denton region have
been degraded over the past decades, and in some
cases permanently altered, by urban development
and sprawl. Protecting and restoring these habitats
requires an understanding of comprehensive
ecosystem function and all the interconnections
that combine to support the health of any particular
habitat.
An ecosystem approach to management habitat
recognizes the interrelated nature of air, land, water
and all living beings. Rather than geopolitical
boundaries and departmental divisions, this
approach calls for creative partnerships that look
at natural boundaries, such as watersheds, as the
unit of management. Participants at the workshop
identified several areas important for their quality
ecosystems and amount, or diversity of habitat.
One of the highest ecosystem priorities identified is
the Hickory Creek drainage, stretching from Lake
Lewisville up to at least 1-35W. At just about the
same level of interest to the group were the Pecan
and Cooper Creek drainages. As these two streams
get closer to Lake Lewisville the amount and
diversity of habitat increases, while at the same time
there is less human alteration visible.
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Scenic Corridors
Scenic Corridors are linear open spaces paralleling
major thoroughfares that provide a sense of
openness for the community by preserving the
natural setting, providing views of nearby hilltops,
linking vista corridors along major washes and
buffering adjacent land uses from traffic.
Access points along the corridor make it possible
for residents and visitors to experience these areas
through hiking, horseback riding, biking, nature
studies, bird watching, scenic viewing, picnicking,
and more.
Scenic corridors are generally described as "the
view from the road" and can best be defined as
the visible land area outside a road right-of-way.
They vary in width according to topography and
vegetative cover; flat open areas will have wider
corridors than steep, narrow canyons or densely
wooded areas.
Denton's most popular Scenic Corridor to date
is the Lake Ray Roberts Greenbelt, providing
access for hikers, bikers, horses and even canoe
and kayakers. Participants saw much value in
continuing this greenbelt South, to and along Lake
Lewisville with an eventual connection to the
existing Rail to Trail conversation leading Southeast
from town. Additionally much support was shown
for a new scenic corridor connecting the Greenbelt
to Sherman Drive along Clear Creek.
Criteria for Delineating Scenic
Corridors
Angle and Duration of View
The angle at which the landscape features may be
seen from the roadway, in both directions of travel,
the foreground features framing them, and the
period of time they can be observed all bear on the
delineation of the corridor and must be taken into
consideration.
Topography
When landforms, such as the crest of a ridge bring
the range of vision from the roadway close to the
right-of-way, the entire visible area should be
included in the corridor.
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Priority Locations
Urgent
Environmentally sensitive land that is under
immediate threat of development is the highest
priority for consideration. An evaluation of
potential codes that might protect the critical
resources is the first stage. This will establish the
basic core that can be protected under regulatory
processes. Secondly, the proposed development
design should be reviewed to evaluate the degree
to which it accommodates other resources that are
present on the site. There are often possibilities
for improving the sensitivity of the design in the
context of the existing resources.
Typical Urgent Sites
The following are general locations and represent
types of open space areas that indicate the highest
priorities for consideration. These locations
were identified because they are important open
space resources, such as flood plains, riparian
areas, historic and cultural locations, and/or
environmentally sensitive areas.
lower Reaches of Hickory Creek
The Hickory Creek green-belt area flows southeast
toward its confluence with Lake Lewisville.
With much prime habitat and its close proximity
to residents in the southern portion of the city,
Hickory Creek is a valuable for habitat protection,
trail potential, and access to nature. Preservation
of this corridor is also vital for pollution control.
Much of this area is currently owned by the United
States Army Corps of Engineers. Land owned
by the Corps can often, and should in this case,
be protected through public easements. The use
of easements being much more economical than
outright purchase, and the unique ownership
situation both make this site a distinct short-term
possibility. The City has had success to date in
signing agreements where the city will agree not to
annex the property, if the owner declares that he or
she will not develop the property to urban levels.
Agricultural and Ranch lands
These lands have cultural value as well as being fine
examples of quality prairie land. These lands would
be a valuable asset as a regional park combining a
fine natural environment with large areas that could
be developed as recreational facilities. It could also
support prairie restoration.
These lands could be considered prime for
development due to their size and location in
Denton. With a relative lack of environmentally
sensitive areas, properties such as this are
may prove to be very expensive to acquire.
Unfortunately, sites of this size are not very useful if
only small easements are purchased. Therefore this
type ofland tract would likely have to be purchased
outright with public monies.
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Historic and Cultural locations
In addition to agricultural and ranch lands, there are
other land areas that hold significant cultural value
to the Denton community.
Thesc locations may be unique land formations
and/or locations of historic events that have become
icons to the Denton area and should be protected or
preserved.
Clear Creek Natural Area
Just Northeast of the city limits Clear Creek flows
toward the East through some exceptionally well-
preserved lands. Acquisition of lands in this
area can provide a full array of benefits, ranging
from trail linkages and access to nature to habitat
protection. Sites such as this can also be excellent
locations for interpretive centers. The most urgent
targets should include areas most likely to be
affected by development first. Currently this is the
most eastern sections of Clear Creek. Preservation
of this entire corridor is also vital for pollution
control.
Pecan and Cooper Creek Drainages
These two roughly parallel drainage ways were
highly valued by the participants at the workshop.
Running from Loop 288 to Lake Lewisville, these
corridors provide key trail linkages, important
access to open space, and preservation of important
habitat. These areas are unlikely to be host to any
significant public facilities or destinations and
therefore are likely best candidates for protection
through easements, with outright acquisition as a
last resort for any gaps that occur.
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Near Term
Sites that are zoned for high intensity development
should be carefully monitored for any indication
of imminent planning applications. Any available
information on the type of proposed development,
number of units and resource lands that might be
compromised should be ascertained as soon as
possible. Early negotiations with the landowner
should address the most valuable resources
on the property and potential for protecting or
conserving these. Potential acquisitions should
also be considered, if the developer is willing to
consider this as an option. Additionally for larger
developments easements or ownership may possibly
be obtained as either an exchange for park fees, or
to alleviate the property owner's liability on land
that he or she leaves undeveloped.
Near Term Sites Include:
Upper Reaches of Hickory Creek
Hickory Creek flows southeast toward its
confluence with Lake Lewisville. The lower
reaches of this stream corridor have been identified
in the "Urgent" section as a top priority. The upper
reaches would make an excellent addition to the
previous piece. Adding this stretch will allow the
City to build on the trail network, protect additional
habitat and provide more public access to open
space. This trail could rival the Ray Roberts
Greenbelt as an amenity for Denton's residents.
Unlike the lower reaches, the ownership patterns
in this stretch are more complex. While there
should be potential for utilizing easements to grant
public access there are likely to be situations where
outright purchase will be necessary. Also like the
lower reaches, agreements in lieu of annexation
may also be employed. As with the lower reaches,
pollution control is also an important motivator in
protecting this property.
Milam Creek Tributary
Roughly paralleling Locust at the northern edge of
town is a tributary of Milam Creek. Water from
this creek ultimately flows into Clear Creek. As
trail linkages are established along Clear Creek,
this site could be added to the inventory. A trail
in this location would provide access in a growing
portion of Denton, allowing many to access the
greater trail system, including the Ray Roberts
Greenbelt without needing to drive. Additionally
this site could provide additional access to nature
for the new residents that will be living in the area.
This is a smaller creek, draining less than one
square mile. As a result, the riparian and floodplain
protections are less comprehensive than on other
streams. Because of the lower level of protection,
the parcels along this stretch are more developable
than similar parcels along other, larger streams. The
higher degree of developability will by necessity
result in higher prices. While it may be possible to
obtain some of this land through donation, much
will need to be simply purchased, either outright,
or as easements. Small sites such as this, which
fit into more of a long-term vision, are often
elevated in priority to suggest purchase early, before
development pressure in an area begins to affect
land prices.
Fletcher Branch of Hickory Creek
The Fletcher branch of Hickory creek flows from
the southern end of town, due south until it reaches
the Creek. Roughly halfway long this branch sits
a large area of undeveloped land, roughly between
Ryan and Hickory Creek roads. This site has
much potential as an active park. Further, with the
completion of the Hickory Creek greenbelt, this
site could become a convenient access point to
Denton's trail network. The branch itself provides
potential as a trail linkage as well. While the trail
portion may be accessible via easement, the land
for the complex itself should be planned as outright
purchase.
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Long Range
Larger tracts of land that are not zoned for
intensive use, but which might be developed over
longer periods of time should be considered for
environmental overlay zones. Using the tools
currently in the Denton development code relating
to transfer of development rights, some of the sites
available for rural density development could be
configured as conservation developments. This
style of development clusters rural housing while
maintaining conservation easements accessible
to all adjacent landowners. These areas could be
restored as prairie, maintained as riparian areas, or
set aside as wooded preserves in the context of the
overall development. An environmental overlay
could be inclusive of many separately owned tracts
of land, which could be addressed individually as
development occurs.
Complete Trail Network
The majority of the scenic or waterway corridors
listed in this report are intended to be accompanied
by trails. As these areas are protected the City
will find that it has a truly unique opportunity for a
connected trail system both throughout the city and
beyond to Denton's natural areas. Most of these
trail sites will be acquired through the sites listed in
this report. However, there will no doubt be areas
where gaps will occur. In many cases, the City
may have to purchase land or easements necessary
for completing this system. The City may also
choose to use nearby roadways to link trails that are
otherwise not linkable. These trails may also be
acquired through donation at times of development.
The trails, fundamental to this Open Space Plan are
shown in detail on the accompanying map.
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Scenic Corridors
Much support was shown for a new scenic corridor
connecting the Ray Roberts Greenbelt to Sher-
man Drive along Clear Creek. Unlike many of the
targets in this plan this area is not intended for trails
or habitat preservation. This corridor is intended to
provide an elegant corridor for autos entering and
leaving Denton. Methods of protection will vary,
and the standard is not as high as in the waterways.
Not all development needs to be precluded; this area
could even be home to some clustered rural housing
without crossing the intent of the scenic corridor.
This roadway will function as a natural gateway for
travelers.
Much of this land is not currently within the City of
Denton's jurisdiction and would require extensive
partnerships with other government entities and
private landowners.
Far Northwest Neighborhood Parks
There are currently a number of large, undeveloped
tracts ofland in the far northwest area of the city.
With their connections to Milam, and ultimately
Clear Creek, this area could provide an excellent
access point to Denton's network of trails. The
large size of the sites, along with their proximity to
expected future development give it much potential
as a location for one or more neighborhood parks.
This land would need to be obtained through
outright purchase, but may be aided by parkland
dedication, and fees in lieu of land for nearby
developments.
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Northwest Urban Trail
Much future development is expected near the
intersection of Loop 288 and 1,3SW. Along with,
or prior to this development a trail system should be
put into place. The route could be roughly circular
connecting both sides of each major roadway to
each other and to the trail network located to the
east. The precise location should be determined
through a localized process. Unlike many of the
other trails mentioned, this trail does not follow any
significant waterway. This means that donations or
easements that may normally result from the need
to protect the waterway will not apply. There may
however be potential for donations of land during
time of development. Easements may also be
employed for this site.
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I 18
Far Northeast Denton
North of Mingo road and east of Loop 288 there
sits a large area ofrelatively undisturbed land. This
area, while not containing any significant stream
related habitat, could be an important piece of open
space for nearby residents. Workshop participants
felt that this site would have to be purchased
outright, but would be a worthwhile investment.
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Unique or Opportunity Sites
(dependent on availability)
Occasionally particularly desirable sites become
available for acquisition that would be of substantial
benefit to the entire community. There are several
examples of particularly fine sites that have the
potential of helping define the community. These
should be shepherded into public ownership using
any appropriate tools to assure their protection for
the community benefit. -
Key Unique or Opportunity Sites
Large Sites Containing Habitat
Intensely zoned parcels that contain either water
related or upland habitat should be examined for
potential protection.
Sites Containing Prairie or
Park Potential
There are several sites around Denton that while
they contain quality prairie lands, are not being
singled out in this analysis. This is partly because
there is little to distinguish these sites from one
another, and protecting all of them would mean
using up a large portion of Denton's buildable land
supply. However, thesc sites can play an important
role. The areas inside the city are well served
by neighborhood parks. As development occurs,
monitoring other suitable sites in developing areas
can help to ensure that the level of park service
remains high. There is no general rule in terms
of acquiring these properties. as each case may be
different.
Daylight Downtown Streams
Several portions of Pecan Creek and its various
branches have been placed underground. These
streams are often referred to as the WPA drainages,
as they were construction by the works progress
administration. Many urban areas 'have begun
experimenting with daylighting or bringing these
streams back to the surface and usually adding
trails. Sometimes this involves rerouting the
stream, but more often channels are simply opencd
up and the banks reconstructed. These streams can
add beauty to an area as well as provide business
opportunities such as outdoor cafes that are oriented
toward the stream, and a trail along the side.
Culp Branch
This stream running near and ultimately into the
Elm Fork of the Trinity could be useful for pollution
control, access to nature, and simple preservation.
Multiple methods of protection could be employed,
but will likely involve either acquisition or
easements. This stream, especially just prior to
the confluence was highlighted by the workshop
participants. Many such similar situations may
arise as development or even further study brings
additional areas into the spotlight.
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Land Protection Tools
and Techniques
Acquisition
Of all the implementation techniques, this is
the most flexible, and allows for the permanent
ownership of land, the full right of access by any
public member, and the full rights of management
of the land in the public interest. It is also the most
expensive, not only for the purchase price, but the
land is removed from the tax roles, no profitable
enterprise is conducted on the land, and it then
becomes a public burden for maintenance.
Since it involves direct expenditure of public
funds, this tool is one that should be used sparingly,
and only for sites that cannot be protected in any
other way. There are special sites that should be
protected, regardless of the cost, and this should be
used as a final resort to assure their preservation.
Therefore, this tool should be used selectively, in
areas where either public management is needed,
or public access is important for the purpose of the
park to be achieved.
City park funds - fee in lieu
of dedication
Money is placed in the general park fund through
fees on new development. Large developments will
usually be creating their own parks to address their
localized needs. Smaller development, and large
ones in certain instances provide money in lieu of
parkland dedication.
Bonds
Approved by voter referendum, General
Obligation Bonds may be used to finance
acquisition, easements, or construction. These
bonds are most often used when the project will
not generate enough revenue to cover the cost
of the improvements. Revenue Bonds are also
useful as they can be used for projects that will
eventually produce enough income to cover their
debt. Regional parks are examples of sites where
Revenue Bonds can successfully be employed.
City drainage funds
The City has recently implemented a new surcharge
on property to enable compliance with the clean
water act, flooding, and other problems associated
with runoff.
The drainage charge is calculated for impervious
surfaces on properties. Impervious surfaces
represent surfaces that contribute runoff into the
storm water system including the basic building
structure, garages, roofs, patios, driveways, parking
lots, etc. Many of the improvements associated
with protection of stream corridors may fall under
the auspice of the purpose of the drainage fund
program.
Open Space Bonds Funded by
Property or Sales Tax
Several places around the country have found
success in acquiring public funding for important
open spaces by going to the ballot box. Austin's
Proposition 2 "was a Smart Growth Initiative
designed to steer dense development away from
environmentally sensitive areas by using City funds
to purchase, either in fee or through conservation
easements...." (Executive proposal summary/
Remarks of Mayor Kirk Watson settlement
agreement between Bradley Interests and City of
Austin). Of key importance in asking voters to
spend additional monies on open space acquisition
is to clearly identifY what the public will receive
for the money it spends. A balance must be made
however, in terms of how much detail is provided.
If individual parcels are listed the initiative can be
perceived as targeting some individuals over others,
and more importantly, can possibly create inverse
condemnation problems that may result when
the owner's property is suddenly less valuable to
developers as a result. Experience has shown the
most successful initiatives stress the overall goals of
the project, and simultaneously provide both target
amounts ofland and rough generalized locations
with a fair and equitable distribution.
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Agreements in Lieu of Annexation
The City of Denton has achieved some measure
of success in signing a contract with a landowner
where he or she will agree to not develop the
property to urban levels in exchange for the city
passing over the option to annex the property. In
cases where conservation, not access is the goal,
these agreements may be employed.
Land Exchange
Public entities occasionally have properties that are
of suitable size and location to make them attractive
to be traded for private lands desired for open space.
Land exchanges are done on the basis of appraised
value rather than size. Land trades can be time-
consuming and complex but can be beneficial to
both the seller (no tax for an equal exchange) and
the purchaser (no cash required).
Under federal and state tax laws a landowner
may exchange one tract of land for another. An
advantage of such transaction is that capital gains
taxes are deferred. For example, the swapping of
privately owned land with conservation value for
publicly or private nonprofit owned developable
land.
Acquisition of Development Rights
(Conservation Easement)
Transfer of specific interests in land (rights) from
a landowner to another party. For example, an
easement may specify that all or part of the land be
left in a natural state through the transfer of all or
limited mineral rights, timber rights, subdivision
rights, etc. It may allow restricted or unrestricted
public access. The landowner may retain ownership
and specified reserved uses, while the easement
holder has the right to enforce restrictive conditions
included in the easement. Appraised value and,
therefore, property taxes and estate taxes, are
routinely reduced in proportion to the reduction
in land value when an easement is donated
to a government agency or private nonprofit
organization. Easements must be in perpetuity to
qualify for federal and state income tax advantages.
Regulatory Protection
Density Transfer (already established
in Denton Code)
One of the most effective regulatory provisions
in mitigating reduced land values is a density
transfer system. With density transfers, a property
owner has the right to the same number of units
and allowable uses, but the units are transferred on
the same parcel from more sensitive land to less
sensitive land. With density transfers, the economic
effect of environmental protection may be almost
benign - especially in residential developments.
The focus of a density transfer system is more on
how to design with nature, rather than how much
to diminish the overall development intensity. We
recommend that density transfers be permitted as a
property owner's right and not subject to approval
through a discretionary decision-making planning
process.
No action is needed to implement this section,
however, developments that occur in areas that have
been identified, as key open space areas should be
encouraged to use the density transfer provisions
to their fullest extent in order to facilitate the
implementation of this plan.
Transfer of Development rights
One method that has been used to protect open
space lands is a Transfer of Development Rights
(TOR) system. Several states throughout the nation
have TOR programs that are two decades old or
older. In a TOR system, the area to be protected is
designated as a "sending zone," in which a certain
number of units per acre are credited to the sending
area. A "receiving zone" also is set up where the
development rights can be transferred. By buying
the development rights from a farmer, a developer
can achieve a higher density in the receiving zone
than otherwise would be permitted. The beauty of
a TOR system is that the compensation amount is
determined privately between the property owners
involved-and the result is permanent protection of
the farmland.
Accompanying this document is an appendix
that contains a Transfer of Development
Rights ordinance that can be added to Denton's
development code.
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Summary
This list of strategies is not exhaustive as other
programs may be available that have not been
brought forward. Strategies noted may be modified
or used in combination. The overriding theme
is that no one strategy will be acceptable to all
property owners nor provide the right mechanisms
for achieving the goals of this plan. A number of
strategies are listed as it is recognized that it will
take a number of different ones working together
to be successful. While certain areas have been
targeted as examples for a particular strategy, this is
not intended to limit the tools that may be brought
to bear to achieve the goals of this plan.
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Conclusion
This plan is intended to further this vision of the
plan, and lead to specific action that will lead to
a Denton that is as good as, or even better, than
the ,place we live today. One thing seems certain
to the people of Denton - if we build a successful
economy, an efficient transportation system, and a
good education system but neglect open space, we
will have failed.
The public benefits of open space, in its various
forms, may range from aesthetic appreciation
to food production and recreational uses. These
values contribute to the wealth of the region,
boosting its economic, social and natural capital,
and contributing to the long-term sustainability of
the community. Open space, in all its forms, is not
just a land use designation, but also a value in its
own right, as well as having added value that is
associated with other land uses such as agriculture
and outdoor recreation. Open space also benefits
public safety, preserves scenic resources, provides
a buffer and delineation between developments and
serves to protect wildlife and natural habitat. lt is
these open space lands that serve as the heart of
Denton's "quality oflife."
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