M E M O R A N D U M. Meeting Date: June 7, Item No. H-1. Mark Hafner, City Manager. To: David Hawkins, Planning Manager.

Transcription

1 M E M O R A N D U M Meeting Date: June 7, 2016 Item No. H-1 To: From: Subject: Mark Hafner, City Manager David Hawkins, Planning Manager Consider a resolution approving an appeal to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, and Tree Preservation, Section 8.19, Tree and Natural Feature Preservation to allow advanced tree removal and lot grading for residential Lots 1-18 and Lot 25, Block D, Lots 1-20, Block E, and Lots 11-20, Block F, of Marshall Ridge Phase 3D, a residential development consisting of forty-eight (48) residential lots, and one (1) open space lot, on approximately acres of land, located on the west side of Marshall Ridge Parkway, approximately 1,000 feet north of Mount Gilead Road, and zoned as PD-SF-12 (Planned Development - Single Family Residential-12,000 square foot minimum) and PD-SF-15 (Planned Development - Single Family Residential-15,000 square foot minimum). Meritage Homes of Texas, LLC, owner/applicant. Brookes Baker Surveyors, surveyor. Goodwin and Marshall Inc., engineer. (TB ) Action Requested: Consider a resolution approving an appeal to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, and Tree Preservation, Section 8.19, Tree and Natural Feature Preservation to allow advanced tree removal and lot grading for residential Lots 1-18 and Lot 25, Block D, Lots 1-20, Block E, and Lots 11-20, Block F, of Marshall Ridge Phase 3D, a residential development consisting of forty-eight (48) residential lots, and one (1) open space lot. Page 1 of 13

2 Property Description: Property Owner/Applicant: Surveyor: Engineer: Current Zoning: Background: Located on approximately acres of land, located on the west side of Marshall Ridge Parkway and, approximately 1,000 feet north of Mount Gilead Road. Meritage Homes of Texas, LLC Brookes Baker Surveyors Goodwin and Marshall Inc. PD-SF-12 (Planned Development-Single Family Residential- 12,000 square foot minimum) and PD-SF-15 (Planned Development-Single Family Residential-15,000 square foot minimum) The zoning for this section of the Marshall Ridge subdivision was created by a Lawsuit Settlement Agreement and Release (Civil Action No. 4:02-CV-746-Y) in The Planning and Zoning Commission approved the Preliminary Plat for the Marshall Ridge development on September 11, 2006 which included nine hundred four (904) residential lots, twenty-three (23) open space lots, six (6) commercial lots and one (1) amenity lot. Several final plats have been approved over the years for the multiple phases of the Marshall Ridge development. In May 2014, a tree appeal was approved for Marshall Ridge, Phase 1 South. A Planned Development Zoning Change was approved by Ordinance No on February 4, 2014 changing the minimum dwelling unit area from 1,800 square feet to 3,000 square feet. The Final Plat for Marshall Ridge Phase 3D was approved by the Planning and Zoning Commission on April 11, The civil construction plans were approved by the City on April 22, Analysis: The purpose of this appeal is to allow the advanced tree removal within several residential and an open space lot. The applicant has stated that the extreme topography will require significant grading. Marshall Ridge Phase 3D Request: The request is to remove trees on forty-two (42) residential lots and on (1) open space lot. The grading plan and tree survey mitigation plans show a building pad for each residential lot measuring approximately eighty-five feet by sixty-five feet (85 x 65 ). The driveway for each lot is also shown. The pad area will allow for the home foundation, porches, patios, and required foundation treatments from geotechnical reports. The applicant has looked at each lot individually, counted trees within the pad area as exempt and included the additional twenty percent (20%) of remaining quality trees as exempt. Page 2 of 13

3 Tree Survey: As a requirement for an appeal request to the UDC Tree Preservation requirements, the applicant has provided a tree survey of the trees in accordance with Section 8.19 (C.1.e) of the UDC. Protected quality trees are defined by the UDC as a tree that has a diameter of six inches (6 ) or greater measured at four and one-half feet (4.5 ) above the ground. Tree types that are considered protected quality trees per the UDC are Oak (all species), Pecan, Cedar Elm, American Elm, Texas Hickory, Texas Ash, Red Cedar, and Black Walnut. There are forty-eight (48) residential lots and one (1) open space lot. Tree removal is proposed for forty-two (42) residential lots and on (1) open space lot. There are approximately 1,813 trees located within the residential lots (omitting the amount in the right of way and open space lot) totaling 17,765.6 caliper inches. Tree Mitigation Plan: The applicant has provided a graphical tree survey and a grading plan which shows the locations and proposed status of the trees. On the survey, the tree is identified with a number inside of a shape. A square indicates the tree is exempt from mitigation, a circle indicates a tree to be preserved, and a diamond indicates a tree to be removed and not exempt from mitigation. The trees are also color coded, matching the symbols on the grading plan. A red tree is to be removed and is not exempt form mitigation, a green tree is to be preserved, and a black tree is to be removed and is exempt from mitigation. Both the tree survey and grading plan have been included with Exhibit A. Mitigation requirements were calculated on a lot-by-lot basis. The total mitigation required for Marshall Ridge Phase 3D is 2,535.5 caliper inches. A summary table has been included below showing the mitigation requirements per lot. Lot and Block Caliper inches requiring mitigation Lot 19, Block E 90.1 Lot 12, Block D Lot 13, Block D 37.6 Lot 15, Block F Lot 9, Block E 57 Lot 6, Block E 37.3 Lot 7, Block E 7.3 Lot 11, Block E 6.1 Lot 15, Block E 0 Lot 8, Block E 0 Lot 16, Block E 89.2 Page 3 of 13

4 Lot 17, Block E Lot 18, Block E 18.8 Lot 20, Block E 34.1 Lot 12, Block F 26.2 Lot 13, Block F 38 Lot 14, Block F 37.3 Lot 16, Block F Lot 17, Block F 95.8 Lot 18, Block F Lot 19, Block F 78 Lot 1, Block D 14.6 Lot 2, Block D 56.4 Lot 4, Block D 0 Lot 5, Block D 29.3 Lot 6, Block D 44.5 Lot 7, Block D Lot 8, Block D 70.6 Lot 9, Block D 81.5 Lot 10, Block D Lot 11, Block D 60.4 Lot 25, Block D 0 Lot 14, Block D 76.9 Lot 15, Block D 91.4 Lot 16, Block D 97 Lot 17 Block D 94.3 Lot 18. Block D 30.9 Lot 1, Block E Lot 2, Block E 60.9 Lot 3, Block E 20 Lot 4, Block E 38.1 Lot 20, Block F Residential Lots 2,535.5 A residential lot may have twenty percent (20%) of the remaining trees (after the trees exempt from mitigation have been accounted for) removed without penalty. The applicant has indicated which trees would count to the twenty percent (20%) exemption on the tree survey as indicated by an asterisk next to the tree identification number. Tree Replacement Proposal: Section 8.18 (I.1) of the UDC states that if a protected tree is removed, the party removing the tree shall be required to replace the protected trees being removed with quality trees. A sufficient number of trees shall be planted to equal or exceed the number of caliper inches of each tree removed. Said replacement trees shall be a minimum of three (3) caliper Page 4 of 13

5 inches and seven feet (7 ) in height when planted. Section 8.18 (I.2) of the UDC states, The replacement trees shall be located on the same property that trees were removed whenever possible. However, if this is not feasible, they may be placed on a designated property as agreed to by the Planning and Zoning Commission. Section 8.18 (I.3) of the UDC sates, The applicant may request from the Planning and Zoning Commission for recommendation to the City Council to make a payment into the Tree Reforestation Fund in lieu of planting the replacement trees if planting is not feasible. Additional Planting in Residential Lots: The applicant has proposed replacing a portion of the 2,535.5 caliper inches which require mitigation. The Tree Mitigation Plan submitted by the applicant calls for providing five hundred sixty-eight (568) caliper inches towards mitigation, with the plantings of 2-4 trees on forty-five (45) of the residential lots. This method would provide one hundred forty-two (142) trees. These replacement trees would be a minimum of four (4) caliper inches in size. This would also populate the few lots with little or no existing trees with at least two (2) trees in addition to the large canopy trees required by UDC Section 8.08 (G) Minimum Landscaping Requirements for Residential. After applying the five hundred sixty-eight (568) caliper inches through additional planting, the applicant will have 1,967.5 caliper inches left to mitigate. Additional Planting Escrow: The applicant has proposed escrowing $56,800 to the City to be refunded at the time of final acceptance of the 45th lot/home or when the final required caliper inches are planted within this phase. There are a total of five hundred sixty-eight (568) caliper inches being mitigated through the additional residential lot planting. At the current rate prescribed by the UDC being $ per caliper inch, the escrow amount totals to $56,800. Beginning at two (2) years from the effective date of final acceptance of public improvements, if five (5) building permits are not pulled within the previous six (6) months, if the obligation of the applicant are unmet, the escrowed funds would be forfeited to the City, less the mitigated amount (installation of the additional trees) to date in Phase 3D. Payment into the Tree Reforestation Fund: The applicant is requesting to pay, at a rate of $100 per caliper inch currently described by Section 8.19 (I.3), an amount of $196, into the City s Tree Reforestation Fund to address the remaining 1,967.5 caliper inches being removed. Page 5 of 13

6 If this Appeal is approved with the above conditions, Staff will prepare a Memo of Understanding making clear the expectations once the Phase 3D Construction plans are approved and the Developer s Agreement is formalized. Replanting Trees Off-Site: Use of Tree Reforestation Fund: Tree Reforestation Fund: Existing Roadway Access: Surrounding Land & Zoning Uses: Section 8.19 (I.2) of the UDC states that replacement trees could be located off-site if agreed to by the P & Z Commission (and City Council for this request). The applicant met with the Marshall Ridge HOA to discuss the possibility of providing additional trees from the required mitigation within the Marshall Ridge open space areas. The applicant has provided a letter from the Marshall Ridge HOA detailing their meeting and agreement/understanding of expectations from the applicant for providing the trees and irrigation to support the new trees. At this time, the applicant has not been able to determine a specific number of caliper inches that could be replanted within the Marshall Ridge open spaces. The remaining amount of caliper inches not planted would be paid into the Tree Reforestation Fund. At the P & Z Commission meetings, there was discussion about the use of the money that would be paid into the Tree Reforestation Fund to be used for providing irrigation for the planting of the mitigation trees. Upon further review of the UDC, it has been determined that the Tree Reforestation Fund may only be used for purchasing and planting of trees as per Section 8.18 (I.3) of the UDC. In all other cases for tree appeals approved by the City, the applicants have burdened the cost of providing irrigation and support if required to plant mitigation trees, and not using the payment in lieu of planting for irrigation and support. Staff would recommend that we continue this practice and honor the requirement as stated in the UDC. The current balance of the Tree Restoration Fund is $293, Since 2004, $400, has been collected in fees into this fund. A total of $106, has been utilized by the various City projects. Marshall Ridge Parkway to the east. North: Marshall Ridge South Phase I, zoned PD-SF-15 South: Single family residential homes, zoned SF-36 East: Ridgeview Elementary School zoned PD-SF-6.5 and Marshall Ridge, Phases 5B & 5D zoned PD-SF-12; Page 6 of 13

7 West: Mount Gilead Ranch subdivision to the southeast zoned PD-SF-25 Milestone Church Addition, zoned PD-PH-6.5 (Planned Development-Patio Homes 6,500 square-foot lot size minimum) Other Items for Consideration: Summary: Citizen Input: Legal Review: Budget Impact: Financial Considerations: Supporting Documents: None. The applicant is requesting to perform advanced lot grading and tree removal for Marshall Ridge Phase 3D. The UDC requires the mitigation of trees being removed in cases where preservation is not possible. The removal of trees within the building pad, driveways, easements and right of ways are exempt from mitigation. The advanced tree removal of trees within the Marshall Ridge Phase 3D residential lots will require the applicant to mitigate 2,535.5 caliper inches. The applicant is proposing to provide five hundred sixty-eight (568) caliper inches towards the mitigation required by providing additional plantings of one hundred forty-two (142) four (4) caliper inch trees throughout the residential lots. These plantings would be in addition to the residential landscaping requirements. The applicant has not provided a specific number of caliper inches to be planted within the open space areas of Marshall Ridge for the remaining 1,967.5 caliper inches to be mitigated. A public hearing is not required for an appeal request to the UDC Tree Preservation requirements. No mailings were sent out to adjacent property owners. Citizens wishing to comment on this item may speak during the Persons to be Heard portion of the agenda. None. None. None. Supporting documents include: DRAFT - Minutes of the May 9, 2016 and May 23, 2016 Planning and Zoning Meetings Proposed Resolution Exhibit A o Letter from Applicant o Letter from Marshall Ridge HOA o Grading Plan o Tree Survey Page 7 of 13

8 o Mitigation Plan Staff Attachments o Marshall Ridge Phase 3D Final Plat o Marshall Ridge Phase 1 South 2014 Tree Board Appeal Maps of Property o Aerial View o Zoning Map Staff Recommendation: Staff is recommending approval of this Tree Preservation Appeal. Both the City and the Applicant recognize that the subject area is very densely wooded. Like the 2014 Phase 1 South Appeal, this Phase does not contain the available open space areas to relocate replacement trees. The additional plantings will provide the lots with lesser tree density to receive more tree cover. Board Review: The Planning and Zoning Commission considered this appeal to the UDC Tree Preservation requirements on May 23, 2016 and unanimously approved the appeal with the following conditions: 1. Recommend approval of the tree preservation plan as presented with the additional planting, upsizing of required trees in the residential lots, escrowing $56,800 with the City to be refunded at the final approval of the 45th lot/home or when the final caliper inches are planted. Beginning at two (2) years from the effective date of final acceptance of public improvements, five (5) building permits must be pulled within the previous six (6) months and five (5) building permits must be pulled every subsequent six (6) months, or the obligation of the developer will be considered unmet, the escrowed funds would be forfeited to the City s Tree Reforestation Fund, less the mitigated amount (installation of the additional trees) to date in Marshall Ridge Phase 3D. The CC&Rs for Marshall Ridge Phase 3D shall include this recommendation for tree mitigation as approved by the City. 2. The developer shall have a ninety (90) day period from date of approval by City Council to determine how many caliper inches may be planted within the Marshall Ridge subdivision open spaces. An escrow of $196,750 shall be made to the City, a portion of which may be refunded to the applicant in the amount of mitigation trees planted in the open space areas. The remaining escrow amount after completion of installation of mitigation trees in the Marshall Ridge open space areas shall be forfeited to the City s Tree Reforestation Fund. Page 8 of 13

9 Alternatives: City Council has the following options when considering this appeal to the UDC Tree Preservation requirements: 1. Approval with conditions as recommended by P & Z Commission: 1. Approve the tree preservation plan as presented with the additional planting, upsizing of required trees in the residential lots, escrowing $56,800 with the City to be refunded at the final approval of the 45th lot/home or when the final caliper inches are planted. Beginning at two (2) years from the effective date of final acceptance of public improvements, five (5) building permits must be pulled within the previous six (6) months and five (5) building permits must be pulled every subsequent six (6) months, or the obligation of the developer will be considered unmet, the escrowed funds would be forfeited to the City s Tree Reforestation Fund, less the mitigated amount (installation of the additional trees) to date in Marshall Ridge Phase 3D. The CC&Rs for Marshall Ridge Phase 3D shall include this recommendation for tree mitigation as approved by the City. 2. The developer shall have a ninety (90) day period from date of approval by City Council to determine how many caliper inches may be planted within the Marshall Ridge subdivision open spaces. An escrow of $196,750 shall be made to the City, a portion of which may be refunded to the applicant in the amount of mitigation trees planted in the open space areas. The remaining escrow amount after completion of installation of mitigation trees in the Marshall Ridge open space areas shall be forfeited to the City s Tree Reforestation Fund. 2. Approval of the tree preservation plan as presented with the proposed five hundred sixty-eight (568) caliper inches of additional planting on residential lots and payment by the applicant of $196, into the City s Tree Reforestation Fund (original request by applicant). 3. The applicant pay the fee in lieu of planting, $253,550 to match the total 2,535.5 caliper inches being removed. 4. Waiving the Tree Replacement requirements. (This is permitting the applicant to proceed forward with grading of property without replanting or payment into Tree Reforestation Fund). 5. Tabling the agenda item to a specific date with clarification Page 9 of 13

10 of intent and purpose. 6. Denial (No grading of residential lots until building permit application). Page 10 of 13

11 Minutes of the Planning and Zoning Commission May 9, Consider a recommendation of an appeal to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, and Tree Preservation, Section 8.18, Tree and Natural Feature Preservation to allow advanced tree removal and lot grading for residential Lots 1-18 and Lot 25, Block D, Lots 1-20, Block E, and Lots 11-20, Block F, of Marshall Ridge Phase 3D, a residential development consisting of forty-eight (48) residential lots, and one (1) open space lot, located on approximately acres of land, located on the west side or Marshall Ridge Parkway and, approximately 1,000 feet north of Mount Gilead Road, and zoned as PD-SF-12 (Planned Development - Single Family Residential-12,000 square foot minimum) and PD-SF-15 (Planned Development - Single Family Residential-15,000 square foot minimum). Meritage Homes of Texas, LLC, owner/applicant. Brookes Baker Surveyors, surveyor. Goodwin and Marshall Inc, engineer. (TB ) Daniel Turner, Planner I, came forward to give staff s presentation and recommendation. Jason Weaver, engineer, was present to answer questions. Discussion was held on timing of tree plantings, number of tree planned per lot, options to replant trees on other open space areas in Marshall Ridge, the desire for tree plantings over tree fund payments, erosion control, and escrow funds. Commissioner Sagar moved to tabled Item F-3 until the May 23, 2016 Planning and Zoning Commission Meeting with the specific intent: 1. To allow the applicant to discuss an escrow fund with staff, and 2. To look at the possibility and feasibility of mitigating trees in other areas of Marshall Ridge. Commissioner Stansell seconded and the carried by a vote of 5-1. Yay: Sagar, Stansell, Page, Reid, DePuma Nay: Ponder Page 11 of 13

12 Minutes of the Planning and Zoning Commission DRAFT May Consider a recommendation of an appeal to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, and Tree Preservation, Section 8.18, Tree and Natural Feature Preservation to allow advanced tree removal and lot grading for residential Lots 1-18 and Lot 25, Block D, Lots 1-20, Block E, and Lots 11-20, Block F, of Marshall Ridge Phase 3D, a residential development consisting of forty-eight (48) residential lots, and one (1) open space lot, located on approximately acres of land, located on the west side or Marshall Ridge Parkway and, approximately 1,000 feet north of Mount Gilead Road, and zoned as PD-SF-12 (Planned Development-Single Family Residential-12,000 square foot minimum) and PD-SF-15 (Planned Development-Single Family Residential-15,000 square foot minimum). Meritage Homes of Texas, LLC, owner/applicant. Brookes Baker Surveyors, surveyor. Goodwin and Marshall Inc, engineer. (TB ) David Hawkins, Planning Manager, came forward to give staff s presentation and recommendation. Bobby Samuels, owner/applicant, gave the applicant s presentation. Discussion was held regarding preserving the maximum number of trees, the option of escrowing $196,750 until it can be determined how many trees can be planted and maintained in the Marshall Ridge development, the eleven lots available of the standard pad design, the expectation to sell out these lots in about ten (10) months, the product in development for a walk-out basement products for additional lots, the timeframe of days to complete the analysis of how many trees can be planted in Marshall Ridge open space areas, the anticipated completion of public improvements for this phase in approximately one year, the draft escrow start date based on final acceptance or council approval, and number of lots sold per year, the possibility of a performance bond for public improvements, Meritage installing the irrigation to serve the mitigation trees rather than the HOA, the unknown capacity of the existing irrigation systems, the burden on City Staff and City to manage escrow accounts. Commissioner Sagar moved to approve Item E-1 as presented with the following conditions: 1. Recommend approval of the tree preservation plan as presented with the additional planting, upsizing of required trees in the residential lots, escrowing $56,800 with the City to be refunded at the final approval of the 45th lot/home or when the final caliper inches are planted. Beginning at two (2) years from the effective date of final acceptance of public improvements, five (5) building permits must be pulled within the previous six (6) months and five (5) building permits must be pulled every subsequent six (6) months, or the obligation of the developer will be considered unmet, the escrowed funds would be forfeited to the City s Tree Reforestation Fund, less the mitigated amount (installation of the additional trees) to date in Marshall Ridge Phase 3D. The CC&Rs for Marshall Ridge Phase 3D shall include this recommendation for tree mitigation as approved by the City. Page 12 of 13

13 2. The developer shall have a ninety (90) day period from date of approval by City Council to determine how many caliper inches may be planted within the Marshall Ridge subdivision open spaces. An escrow of $196,750 shall be made to the City, a portion of which may be refunded to the applicant in the amount of mitigation trees planted in the open space areas. The remaining escrow amount after completion of installation of mitigation trees in the Marshall Ridge open space areas shall be forfeited to the City s Tree Reforestation Fund. Commissioner Page seconded and the motion carried unanimously (4-0). Page 13 of 13