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S21-0006bORDINANCE NO. S21-OO06b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USEPERMIT TO ALLOW FOR A MULTI-FAMILY DWELLING USE ON APPROXIMATELY53.407 ACRES OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OFTHE INTERSECTION OF LOCUST STREET AND LOOP 288, IN THE CITY OF DENTON,DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIALZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S21-OO06b, LANDMARK MULTIFAMILY) WHEREAS, Manhard Consulting, on behalf of the property owner, Melvin Haisler, (hereinafter, the “Developer”) has applied for a Specific Use Permit (“SUP”) to allow for a multi- family residential use on approximately 53.407 acres, within the Suburban eorridor (SC) zoning district and use classification, as described in Exhibit “A“ (hereinafter, “the Property”); and WHEREAS, the Property is depicted in Exhibit “B” and is shown divided into five tracts and, for identification purposes, Tract 4 is also known as the North Tract and Tract 5 is also known as the South Tract, of which Tracts 4 and 5 collectively comprise 36.49 acres out of the 53.407acres WHEREAS, on October 26, 2022, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and afforded full and fair hearings and to all property owners interested in this regard, recommended approval [6-0] of the requested SUP subject to the site plan, landscape plan, and elevations attached as Exhibit “B”; and WHEREAS, on November 15, 2022, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.5.2 of the Denton Development Code (“DDC”), and is consistent with the Denton Plan and the DDC; and WHEREAS, the City Council of the City of Denton has determined that it will be beneficial to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the health, safety, morals, and general welfare of the City of Denton, and that the SUP should be granted asset forth herein; 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 SUP to allow the multi-family residential use on Tracts 4 and 5 only of the Property as shown on the Site Plan attached and incorporated herein as Exhibit “B”, the Landscape Plan attached and incorporated herein as Exhibit “C”, and the Building Elevations attached and incorporated herein as Exhibit “D”, is hereby approved, subject to the use-specific standards of the DDC, as amended, and the following conditions : 1.Site and Landscape Plan: The attached Site Plan and Landscape Plan reflect an intent to comply with the 2019 Denton Development Code (DDC) requirements, as amended, for parking, street trees, minimum landscape and tree canopy areas, open space, andlandscape screening and compatibility buffers, with administrative approval of alternative landscape elements permitted and parking reductions in accordance with theDDC Minor alterations to the depicted locations of individual plantings and final individual plant selections, as well as increases to landscape area and percentage and number of trees and tree canopy percentage, may be approved by City staff, provided that the final landscaping, as planted, complies with theattached landscape plan in terms of buffers, buffer elements, location of required landscape elements and open space and trails, number of trees, and minimum landscape and tree canopy percentages, as well as all elements of theDDC Minor alterations to the exact locations of individual amenity elements may be approved by City staff, provided final design complies with the attached site plan and landscape plan in terms of types and minimum number of amenities provided within depicted gathering spaces. Additional plantings and minor alterations to the Development Impact Area toprovide mitigation for the impacts of the proposed trail and the proposed sidewalk along Hercules Lane to the Environmentally Sensitive Area (ESA) on the property may be administratively approved by city staff as part of the CivilEngineering Plans for this development, as long as such mitigation is in accordance with all standards of the Denton Development Code. Final determination of ESA location and exact nature of mitigation shall be approved with the Civil Engineering Plans for this development. This condition does not preclude the project from requiring approval of an Alternative ESA Plan if the scope of impacts to the ESA exceed the administrative allowances provided forin the DDC 2 Building Elevations: The attached building elevations reflect an intent to comply withthe DDC requirements, as amended, for building mass and form, percentage of windows and doors on a fagade, and provision of architectural features to highlight entrances and provide visual interest. Elevations at the time of permitting shall be consistent with the attached elevations in terms of architectural style and details, specific architectural features that highlight entrances such as ornamental lights and canopies, provision of balconies or patios to articulate individual units, use of recesses, awnings, and changes in material to break up the fagade vertically and horizontally and to articulate collections of units at intervals not to exceed 44 feet horizontally or 2 stories vertically, and delineation of the first floor with a change of material and horizontal banding. Minor alterations to individual window size and location may be approved by City staff, as long as: The style of windows, and the style and number of doors, on each fagadeis consistent with the attached elevations a b 1 Page 2 of 7 11.All buildings fronting on a public or private street have entrances facingthe public or private streetWindows and doors make C up either at least the DDC-required percentage for facades facing a public or private street or, for facades not facing a public or private street, at least 11.5% of the side facades and 25.5% of the front and the rear fagades, and windows and doors on all facades comply with all DDC standards. Garage elevations shall feature two dormer windows on each front and rear elevation and a horizontal change in material type on each fagade. The attached site plan and landscape plan are incorporated as requirements of the SUP.Staff shall have the ability to approve an increase of up to 5% of any of the amounts specified in requirements a-b, provided all applicable requirements of the DDC are met. 111. 3. Three-hundred and thirty-six (336) dwelling units on the North Tract and three- hundred and twenty-four (324) dwelling units on the South Tract. 577 parking spaces on the North Tract, and 570 parking spaces on the South Tract, are proposed for the multi-family development indicated on the site plan. Parking may shift to accommodate a change in the unit mixture but shall be inaccordance with the requirements of the DDC and within the range of staff approvability . 4.All street and sidewalk infrastructure elements, including the full width ofBeall Street from N Locust Street to the turnaround shown, and the full width of Ame Drive from North Locust Street to Beall Street shall be constructed in accordance with the plans shown in Exhibit B, and approved by the City of Denton, prior to release of any certificate of occupancy for any multifamily building proposed on this property, though staff may approve minor changes (25’ or less) in the location of these streets and/or sidewalks in order to account for proposed TXDOT improvements to Loop 288 and NLocust Street, as long as the final design is in accordance with the standards of the DDC and City criteria manuals. 5.Subject to the approval of TXDOT, the Developer shall construct one of the two alternative traffic mitigation measures at the intersection of N Locust Street and Ame Drive. If neither of the alternatives shown in Exhibit B, Sheet CO.5, are acceptable to TXDOT, the City of Denton staff shall have the authority to approve alternative traffic mitigation measures for the intersection of Ame Drive, subject to the approval of TXDOT, without requiring an SUP amendment, as long as the approved mitigation measures comply with the standards of the Denton Development Code and the City criteria manuals. Traffic mitigation measure(s) for the intersection of Ame Drive and N Locust Street, approved by staff and TXDOT, must be constructed prior to issuance of Certificates of Occupancy for any of the multifamily buildings proposed with this development. A turnaround must be constructed at the end of Beall Street as shown on Exhibit B, prior to release of any Certificates of Occupancy for this project, but, if plans for futureTXDOT improvements to Loop 288 necessitate a shift in the turnaround location, City of Denton staff may approve a shift in the exact location of the center of this turnaround of up to 150’, as long as the proposed location is still in accordance with all DDC and 6 Page 3 of 7 City criteria manual standards and/or any variance to those standards approved by theCity Engineer. 7. Minor alterations in design and location of sidewalk, curb, and gutter along HerculesLane and in location of proposed gravel trail may be necessary based on the final determination of the size and location of the Environmentally Sensitive Area on this property, and staff may approve such minor alterations, as long as the final design and locations are in accordance with the standards of the Denton Development Code andthe City’s adopted criteria manuals. 8. Notwithstanding the limited administrative approvals authorized in conditions 1-7, the City reserves the right to require approval by ordinance of any amendments or alterations to the SUP, the attached site plan, the attached landscape plan, the attachedbuilding elevations, and the elements referenced in conditions 1-7. 9. Subject to the approval of TXDOT, a traffic signal at the intersection of Beall Street and N Locust Street shall be constructed by the Developer and shall be complete and accepted by the City of Denton prior to issuance of any Certificates of Occupancy for any of the multifamily buildings proposed with this development. 10. Prior to approval of any Final Plat for this development, Developer shall pay to the City of Denton the proportion of the cost of a traffic signal at North Locust Street and Loop 288 that was determined by the Traffic Impact Analysis for this project (TIA2 1-0016) to be the responsibility of the multifamily developer, based on the traffic projected to be generated by that development.11. The project shall comply with Denton Development Code Section 7.7.4, TreePreservation 12. The zoning map shall reflect the Specific Use Permit on the property consistent withthe DDC SECTION 3. The multi-family residential use allowed by the SUP on the Property, depicted on the Site Plan, Landscape Plan, and Building Elevations, requires the followingelements, which are hereby incorporated into this ordinance and may only be modified as noted inSection 2 above: A. B. Multifamily Lots:o Tract 4 (North Tract): -14.09 acres o Tract 5 (South Tract): -22.4 acres Dwelling Units : o Tract 4 (North Tract): 336 one-, two-, and three-bedroom units in 12 three-storybuildings o Tract 5 (South Tract): 324 one-, two-, and three-bedroom units in 12 three-story buildings o Total: 660 one-, two-, and three-bedroom units in 24 three-story buildingsRecreational Areas and Open Space: o North Tract: Amenity center with pool, 36,400 sf of Open Space in 5 areas with benches and/or walking paths. o South Tract: Amenity center with pool, 95,400 sf of Open Space in 5 areas, -500 linear feet of walking path along pond with fountain.o Overall: • Total open space encompasses 147,500 sf -- over 8% of the land area. C Page 4 of 7 • Minimum 2,000 linear feet of gravel trail through the green space in the easement on the east side of the development (green space in easement is in addition to open space). Parking: 1,147 total vehicular spaces provided, for -1.2 spaces per bedroom; 60 bicycle parking spaces distributed throughout the two tracts. Access and Connectivity: Full, signalized access to N Locust Street is provided to both tracts via the extension ofBeall Street to be constructed by the Developer; subject to the approval of the Texas Department of Transportation (TXDOT), the Developer will also be required to construct the signal at Beall Street and Locust Street. Both tracts will have right in, right out access to N Locust Street via the extension of Ame Drive to be constructed by the Developer. The North tract will have three points of access onto Beall Street and the South tract will have two. Pedestrian connectivity will be provided to N Locust Drive via a sidewalk to be constructed by the Developer and via gravel path to Hercules Drive. Developer will also provide a public sidewalk connection in a public access easement through the site from Atlas Drive to the Beall Street sidewalk, to facilitate pedestrian access to the potential future commercial development along N Locust and Loop 288. Design: Building elevations feature balconies or patios for all units, with awnings or decorative sconces or arched roofs at all main entrances, and with buildings orientedaround shared open spaces, along trails, or fronting on the shared central boulevard or the right-of-way with direct access to the public sidewalk. Landscaping: New tree plantings in common areas above and beyond required tree canopy; landscape area over 10% above minimum; a combination of large canopy trees, tree preservation, and 70+ feet of buffer width to provide a buffer between multifamilybuildings and the single-family neighborhood to the east. D. E. F. G. SECTION 4. Administrative Modifications. The Development Services Director or designee may administratively approve the following modifications : A. B. A reduction in the lot coverage, an increase in the landscape area, and a decrease in the number of dwelling units with associated parking by any amount. Additional parkingreductions may be granted in accordance with DDC Section 7.9.5E. Increases of 5% or less of any of the amounts specified in Subsections 3.B & D of this ordinance, provided all applicable requirements of the DDC are met. SECTION 5. Failure to Comply. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP issued to the entity named above runs with the land, and is assignableand transferable to subsequent owners of the Property. SECTION 6. SUP Regulations. Upon notice to the Property owner and a hearing before the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions imposed by this ordinance that has not been met or has been violated on the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/orthe DDC Page 5 of 7 SECTION 7. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the Property in some manner other than as authorized by the DDC, City of DentonCode of Ordinances, and this ordinance. SECTION 8. Severability. 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 9. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this ordinance shall not preclude the City of Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 10. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by n\ NB \\jaMS and seconded b Bf tar, e>ec.k ; the ordinance was passed and approved by the following vote U - a : @ LNJar Abstain Absent Gerard Hudspeth, Mayor:\/ 1/‘ L/ K r/ 1/ P/ Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the \P-day of }+ovev,'\kvr , 2022. aETm6mraria Page 6 of 7 ATTEST: ROSA RIOS, CITY SECRETARY L\\\11111111DE +e••8+ aZ’dan fda APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY roB11111\ Page 7 of 7 \,lit+lll;'r ,\J += '’_J : ;+=+b, nb / • Exhibit A Legal Description BEING a 53.407 acre tract of land situated in the T. Toby Survey, Abstract Number 1288, City of Denton, Denton County, Texas, and being a portion of a called 253.6 acre tract of land (remaining portion) described by deed to J.B. Haisler and wife, Rosa Haisler, recorded in Volume 3 16, Page 69, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows;BEGINNFNG at a 5/8" IRON ROD FOUND at the northwest corner of Lot 16, Block G, Towne North Addition, an addition to the City of Denton, according to the plat recorded in Cabinet A, Page 138, Plat Records, Denton County, Texas, being on the South right-o&way line of S.H. Loop 288, a variable width right-of-way; THENCE South 00 Degrees 38 Minutes 15 Seconds West, along the West line of said Block G, and the West line of Block G, Towne North Addition, an addition to the City of Denton, according to the plat recorded in Cabinet A, Page 127, Plat Records, Denton County, Texas, and the West line of Block G, Towne North Addition, an addition to the City of Denton, according to the plat recorded in Cabinet A, Page 1 1 1, Plat Records, Denton County, Texas, and the West line of a 10’ Alley as shown on said Towne North Addition (A- 1 14), at a distance of 1970.54 feet, passing a MAG NAIL FOUND IN A TREE ROOT for reference, and continuing in all 2134.91 feet, to a MAG NAIL SET at the southwest corner of said Towne North Addition (A- 114), being on the South line of said called 253.6 acre tract, and being in the approximate centerline of Hercules Lane, a variable width right-of-way; THENCE North 89 Degrees 59 Minutes 44 Seconds West, departing said common line and along the South line of said called 253.6 acre tract, a distance of 128.51 feet, to a MAG NAIL SET at the southeast corner of a called 13.042 acre tract of land described by deed to Asbury United Methodist Church, recorded in County Clerk's File Number 97-1 1296, Deed Records, Denton County, Texas; THENCE North 00 Degrees 42 Minutes 47 Seconds East, departing said South line and along theEast line of said called 13.042 acre tract, a distance of 33.57 feet, to a 5/8" IRON ROD FOUND; THENCE North 53 Degrees 52 Minutes 50 Seconds West, continuing along said East line, a distance of 1008.43 feet, to a 1/2" IRON ROD FOUND; THENCE North 78 Degrees 24 Minutes 50 Seconds West, continuing along said East line, adistance of 466.02 feet, to a 5/8" CAPPED IRON ROD SET STAMPED "REALSEARCH" at the northwest corner of said called 13.042 acre tract, being on the East right-of-way line of F.M. Highway No. 2164, a 90’ a right-of-way; THENCE North 01 Degrees 06 Minutes 45 Seconds East, departing said East line and along said East right-of-way line, a distance of 1248.22 feet, to a TXDOT MONUMENT FOUND at the South end of a corner clip at the intersection of said East right-of-way line and the South right- of-way line of said S.H. Loop 288; THENCE North 44 Degrees 05 Minutes 02 Seconds East, along said corner clip, a distance of 70.70 feet, to a 5/8" CAPPED IRON ROD SET STAMPED ’'REALSEARCH", being on the South right-of-way line of said S.H. Loop 288; THENCE North 85 Degrees 33 Minutes 30 Seconds East, along said South right-o$'way line, adistance of 1 1 04.50 feet, to a CUT OFF T-POST FOUND; Page 8 of 7 THENCE North 83 Degrees 22 Minutes 2 1 Seconds East, continuing along said South right-of- way line, a distance of 250.03 feet, to the POINT OF BEGINNING, and containing 53.407 acres or 2,326,389 square feet of land, more or less. Page 9 of 7 Exhibit B Site Plan Page 10 of 7 SPECIAL USE PERMIT PLANS LANDMARK MULTIFAMILYFOR CITY OF DENTON. DENTON COUNTY. TEXAS SH LOOP 288 & LOCUST DRIVE SHEErNUMBERCO.0 CO.1CO.2 Sheet List Table TITLE PAGEGENERAL NOTES SHnrr TITLE + nIbH+ CO.3CO.4 SITE BOUNDARY EXHIBIT Cl .0 PEDESTRIAN CIRCULATION PLAN al.1 TXDOT ROW EXHIBIT Cl.2C1 .3 PAVING AND DIMaqsoN AL CONTROL PLANOVERALL STE PLAN al.4 PAVING AND DIMOqSIONAL CONTROL PLAN al.5 PAVING AND DIM8qSIONAL CONTROL PLAN CLaCJ.0C4.0CS.0CS.1CS.2CS.3CS.4CS.S PAVING AND DIMOqSIONAL CONTROL PLANPAVING AND DIMENSIONAL CONTROL PLANalgnNG DRAINAGE AREA MAP i i ;};9 taI ! 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IP:[t gunH:aagnn web ne oe&e nmb mne web an x t mJ%%MpHIl nngDHwnnHns An =HIM I R%WWpUB HItIB ?rmB mau- A) HI%arno all• ali na hIgH-or n/Hr Hai an hiT aDalIT•A£H•UVB n •#rnII + Hb%AVM BIP nH rn Ann munnBgnI ••••rl•fBl•rlrB :ts. 54HZ EiiI: LE 3 gA< - •rIK- t ByaMil nunc HU NR eaHLwnnnne nHL nBA& :glenn:a#nv nms u ww1 :%WIIIFUI: HEUIbW:HI OBHHL£• IInanHl•\•rm nJ:t8H£JB;wRPg:nfiR g bWMIR:l\IHnnPU rnA nnwuRngHBl!sWann ct:5 Exhibit C Landscape Plan Page 1 1 of 7 Hf bmI u :g::: F:in FUerIn : FM al 7)N,gI:=R baSil;1:::IHWiU:==gII / u : = : mI–RIm P(b=eF)I== BaFlqp,eII P_ „@” gli:iwa::HUw:= leW bAhID8aAn8n•ulnRFOBln :ba:: la C/) nZAZ gE EmM a)_IIts la;If3a 16aaln4)InaInInI10 e liLi e L3+ LS Beau EaT%B FOWIIR WEhTml POND elg Id, iJal at= !leaa)a4)In AJaJa :le b IIIIIIIIIII!II!!t =gA1n ==e1Ii:i';~ BI rn£ lxxnadl#rru8 1TVniallE aieD MN li jN POND \FUn \+-0A IIBra \MIlo \ \\ \Hi Tmsrh WRWWD AUHWAWB\ \ \ +•mlP \v Q\\ F .\I; F\ \\ : \d R Exhibit D Elevations Page 12 of 7 THE APARTMENTS ATDENTON 600 UNIT APARTMENT COMMUNITIES LOOP 288 & CR 2164, DENTON TEXAS ISSUE 07-11-22 BLDC 1 B ELEVATlaNS 8La6 11 A 8LEV4TIONS Bam bOOR . SUItE 602 AVtMTtBA, FL 53180 954+. ass.0336 PARKWAY SUITE 2900 TX 752 C8 )NSI GR£EBVILL£ AVEKUE 1000, DaLLAS 75243972-972.bass (WITH CITY OF CROWLEFAp+£NDNENTS) eTFLcFFriL?EFVLtbbgtEl 1 2012 INTERNATleKAL BUILDl&C CODE ZOe IUfENkhTlahlal RLW181U6 COO£ BEBE%I (WIKI :IT; OF CRawLEv AknENDnENTS)NfEB Fawf;vc4o=ENXel 2alz TAS (TEXAS ACCESS18Ll[V STANDARDS) atna aDA STANaARDS Fen ACCESSIBLE DESIGNICe/4117 bZO09AIn HOUSING ACT 1991 !=Gt}DtItO Sg!!J CDb E C) g-g 01- ARCHITECTURAL SITE PLAN avm-ALL Ei36tml$IOO' 50' O C)Hi!!: i ;i ii: lao 01- ARCHITECTURAL SITE PLAN NORTH PROPERrr SeALEI j•n60l<>• C)J g A i HC)1 ! Ol- ARCHITECTURAL SITE PLAN swrH PROPERTrSC4LEr IB•eoR>S EVATION - BUILPIN6 n’PE 1-A M!!t:b}={ {{1 ::1 in+ L:+ :1 }h:I i} 11 =2 1g : :Hi !! iii as - LEFT ELEVATION - BUILDINO TYPE I-A@ 02 - R16FFr Fl FVATION - BUILDIN6 n'PE 1-A ; E i 'WB [•l••• I IL:: ' n 'EHi:::::mr qjF•H iI g g: ggiga< 09 - R16HT ELEVATION - BUILDIN6 nH 1-B M,mITr ITdPeru El B]02 - RleHT ELEVATION - BUILDING n'PE 1-BEl g a Sgi 04 - REAR El NATION - BUILDING rrPE l-B n ;