BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:

ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 39 (PD-39) FOR SINGLE-FAMILY HOUSING FOR THE PROPERTY DESCRIBED AS LOTS 1-7, BLOCK C OF POTOMAC PARK, SECOND INSTALLMENT, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; APPROVING AN AMENDED DETAILED SITE PLAN ATTACHED AS EXHIBIT A ; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, are hereby amended by amending a portion of Planned Development District No. 39 ( PD-39 ) to provide for single-family housing for the property described as Lots 1-7, Block C of Potomac Park, Second Installment, an addition to the City of University Park, Dallas County, Texas (the property ). SECTION 2. That the amended Detailed Site Plan for the property, attached hereto and incorporated herein by reference collectively as Exhibit A, the same as if fully copied herein, is hereby approved as required by Section 17-101 (2) of the Comprehensive Zoning Ordinance of the

City of University Park, Texas, as the Detailed Site Plan for the property subject to the following special conditions: A. The property shall be developed only in conformance with the requirements of this ordinance, the amended Detailed Site Plan approved hereby, and all other provisions of the Comprehensive Zoning Ordinance as may apply; B. Uses Permitted: The allowed use in this Planned Development District is for singlefamily housing, plus permitted incidental and accessory uses, including attached garages and swimming pools, as shown on the Detailed Site Plan; C. Required Parking: Two (2) enclosed spaces in a garage and two off-street parking spaces at grade level will be provided for each single-family dwelling unit in this portion of the Planned Development District, as shown on the Detailed Site Plan; D. Development Standards: The following Development Standards shall apply: (1) Height Maximum building height is thirty-five feet (35 ) as measured from the top of the slab to the top of the ridge, with a maximum roof pitch of 8:12. The maximum number of stories per dwelling unit is 2; (2) Lot Size; house size: There will be nine (9) single-family lots varying in size from a minimum of 6,000 square feet to a maximum of 7,500 square feet in area. Gross floor area of the units, excluding garage, shall range from 3,500 square feet to 6,800 square feet; (3) Yards and setbacks: Setback from Alley: 12.5 feet Setback from Roland: 5 feet Setback from Lomo Alto: 5 feet Setback from Normandy: 20 feet Setbacks from interior lot lines: 1-7 feet, as shown on the Detailed Site Plan; (4) Lot Coverage: The maximum impervious coverage is 75% for any platted lot; (5) Maximum Plate Line Height shall be twenty-four feet, six inches (24 6 ) measured from the top of the slab, provided that the elevator shaft and the front entry tower for each unit shall a maximum plate height of thirty feet (30 );

(6) Surface paving shall be done with pavers, engineered with a permeable surface to allow for percolation; (7) Roofing materials shall be tile, slate, or standing seam metal; and, (8) Exterior facades or walls of building and structures shall be constructed with brick, stone, stucco or any combination thereof; E. Landscaping: The landscape development plan shall provide details by species and caliper of existing trees to be retained on the site, existing trees to be removed and new trees to be provided. All landscape material will be installed in accordance with the approved landscape development plan. Each platted lot shall have a minimum of twelve (12) five gallon evergreen shrubs or equivalent. Ground cover may be substituted for evergreen shrubs. Each dwelling unit will have a minimum of one (1) six inch (6 ) caliper tree in the front yard; F. Location and capacity of utilities, including water, sanitary and storm sewer, solid waste disposal, electric and gas, shall be submitted with the building construction plans and reviewed and approved by the Director of Public Works prior to the issuance of a building permit; G.. Driveways located in the front yard: Circular drives are permitted in the front yards of lots that are a minimum of fifty feet (50 ) in width, as shown on Exhibit A, and flag driveways are permitted in the front yards of lots that are a minimum of forty-five feet (45 ) in width; H. Location of Garages: All garages shall provide direct access to the rear alley; I. Location of swimming pools, hot tubs and spas: Swimming pools, hot tubs and spas are permitted within the courtyards of each lot, provided they meet all applicable codes and ordinances of the City of University Park; J. Required Fencing: Fences will be allowed in accordance with the approved Detailed Site Plan; K. Special Yard Requirements: Nothing herein is intended to allow the obstruction of a corner lot sight line as otherwise provided for in the Code of Ordinances. (1) Side Yards i There shall be a side yard setback of 5 on the street side of all corner lots, and interior lot side yard setbacks as shown on the Detailed Site Plan, with a 1 setback on one lot and a 7 setback on the abutting lot;

ii iv Window sills, belt courses, cornice details and other architectural features may not project more than two inches (2 ) over a 1 interior lot side yard setback; Eaves may not project more than two inches (2 ) over a 1' interior lot side yard setback. Gutters are allowed, provided all downspouts located adjacent to a 1 interior side yard setback shall be tied into an underground drainage system; v Eaves may not project more than eighteen inches (18 ) into a required 7 interior lot side yard setback; vi Chimneys shall be allowed to project up to 2 into the required 7 interior lot side yard setback; and, (2) Rear Yard i ii The minimum rear yard setback from the alley shall be 12.5 ; and, Every part of the rear yard shall be open and unobstructed to the sky from a point 30 above the ground. Window sills, belt courses, cornices, roof overhangs and other architectural features may not project more that 18 into the required rear yard. (3) Front Yards i All yards facing Normandy shall be considered front yards; ii All lots will have a minimum front yard building setback of 20. L. Exterior lighting shall be installed and located so that intensity of the illumination measured at the property line shall not exceed 0.5 foot candle; M. Building Walls: All structures shall be constructed to provide a one-hour, noncombustible, fire-resistant wall when the setback is zero feet from the property line. Such walls shall be constructed in accordance with the International Residential Code, as adopted by the City of University Park. In addition, no plumbing or mechanical penetrations will be allowed in any wall that is located on a zero setback from the property line. No gables or dormers will be allowed above the second story plate line; N. Neighborhood Liaison: During construction, the contractor will provide a liaison to respond to questions and complaints from residents. The contractor shall provide adequate notice to residents of the name and methods of contacting the liaison 24 hours a day, seven days a week. The contact name and number will be posted on the construction site;

O. Construction Vehicles: No parking of construction vehicles or equipment will be permitted on City streets, except for streets which are adjacent to the construction or closed for construction; P. Construction Hours: Unless written permission is granted by the Director of Public Works, construction work on the site is restricted to Monday through Friday from 7:00 am to 6:00 pm and 8:00 am to 6:00 pm on Saturdays, except holidays as specified by City ordinance. Q. The construction site will be screened with a temporary eight foot (8 ) screening fence of dark green or black windscreen fabric, or other material approved by the Community Development Director, and installed on a chain link fence; R. All trash receptacles used during construction will be placed within the screened area; S. The screening fence will be maintained in place at all times during construction; and, T. All AC units facing a public street shall be screened by evergreen shrubs. SECTION 3. All ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park,

Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 15th day of June 2010. APPROVED: W. RICHARD DAVIS, MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY (RLD/5/07/10; 43419) ELIZABETH SPECTOR, CITY SECRETARY

EXHIBIT A DETAILED SITE PLAN (INCORPORATED BY REFERENCE HEREIN)