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BILL WATSON CONFERENCE ROOM
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
November 9, 2006
MEMBERS PRESENT: Steve Brown, Jeffrey Horowitz, Robert Inaba,
Michael Silver, Les Albin and Mac McManus
(arrived at 6:15 p.m. during agenda item 2)
MEMBERS ABSENT: Beth Beloff
STAFF PRESENT: Chris Peifer, Public Works Director/ACM, Debbie
Scarcella, Chief Building Official, Sallye A. Clark,
Planning Assistant and James Dougherty, City
Legal Counsel
Call to Order - With quorum present at 6:07 p.m., Steve Brown called the meeting to
order.
1. Minutes.
October 12, 2006: Les Albin made a motion to approve the minutes as written.
Michael Silver seconded. Ayes: Steve Brown, Michael Silver, Jeffrey Horowitz, Bob
Inaba and Les Albin. Noes: none. Motion passed. Minutes approved.
2. Framed Area and Related Regulations; Amendments. ZPC discussed
preparations for the joint public hearing on Nov. 13. The need for a quorum and the
importance of hearing what the public has to say so that we will be able to make an
informed decision on Dec. 14 were emphasized.
ZPC also discussed the proposals for "sloped height setback", the "attic exception"
and "framed area vs. lot area." Les Albin was asked to work with Debbie Scarcella
to develop some illustrations and, possibly, other tools that would help the ZPC test
how these changes might work if put in place, identify possible unintended
consequences and help other members better understand the need for these changes.
Tim Hanson, a resident and architectural professional in attendance suggested that he
might be able to prepare an outline proposal for a simplified "bulk control" ordinance
to replace the framed area concept. He will send his proposal to Chris Peifer. Steve
Brown went over the memo from Jonathan Smulian, Senior Associate at Wallace,
Roberts and Todd in reference to "framed area."
Jeffrey Horowitz left during agenda item 3 at 7:47 p.m. with a quorum still
present.
3. Town Center and Commercial Areas; PDD's.
ZPC briefly reviewed the latest versiontotf the "potential objectives" and the "QPED
3800 univers ty,%ourevara.vesrUJanyvefycAace, Texas %~OtO15o~6 a1 s~lf 96~o41~etn~i~W.w nu o g
i
Zoning & Planning Commission Minutes
November 9, 2006 Meeting
Page 2 of 2
design/planning firm to prepare sketches, do some practicality testing and serve as
facilitator for preparation and holding a public meeting to get ideas for and reactions
to town center redevelopment options. Tim Hanson, a resident and architectural
professional in attendance may also have something to offer in this area.
It was suggested that ZPC members check out the commercial area at Hazard and
Westheimer (across from Lanier) for town center ideas.
Bob Inaba agreed to make an informal contact with a developer to seek ideas on
design and economics of development that might be practical and economically
viable in our town center.
The importance of involving key stakeholders (school/parents, land owners, nearby
residents) was discussed.
4. Topics for review for 2006 - 2007. This item was not discussed.
Adjournment. Les Albin made a motion to adjourn. Mac Manus seconded.
Ayes: Steve Brown, Michael Silver, Bob Inaba, Les Albin and Mac McManus.
Noes: none. Motion passed. Meeting adjourned at 8:27 p.m.
Attachments:
Email from Richard Yehle to Steve Brown dated 11-2-2006, Re: Porches
Amendment regarding a formula for framed area, 11-5-2006/LAlbin
Amendment to add "sloped setback" height limits, 11-4-06/Lalbin
Amend Schedule FA as follows, dated 11-6-2006/Lalbin
Amendment to add "sloped setback" height limits with "penetrating volume", dated 11-6-
06
Amend Schedule FA as follows, dated 11-6-2006
Proposed regulations for a "C-PED" district, dated 10-10-06, Marked to identify major
changes from existing regulations in the C District.
Proposed regulations for a "C-PED" district, dated 10-10-06 (clean version not marked)
Memo from Chris Peifer and Debbie Scarcella, dated 10/23/2006, re: Zoning Regulations
Assessment Letter
Memo from Jonathan Smulian, Senior Associate, Wallace, Roberts and Todd, dated 9-22-
2006, re: Framed Area
Agenda for Town Center Discussion, dated November 9, 2006
Resolution by the ZPC relating to QPEDS with amendments, dated 11-2006
Potential Objectives, town center dated 10-30-2006
Zoning & Planning Commission Minutes
November 9, 2006 Meeting
Page 3 of 3
PASSED THIS DAY, OF , 2006.
Steve Brown, Presiding Officer
ATTEST,,')
a
allye A. Clark, P 'ring Assistant
Page 1 of 1
Sallye Clark
From: Steve Brown [sgbrown@hal-pc.org]
Sent: Thursday, November 09, 2006 10:02 AM
To: Sallye Clark
Cc: Chris Peifer; Debbie Scarcella
Subject: Fwd: Porches
Sallye,
Please forward this message to the other members of the ZPC.
Thanks,
Steve
Begin forwarded message:
From: "Richard Yehle" <reyehle _houston.rr.com>
Date: November 2, 2006 8:29:11 AM CST
To: "Steve Brown" <sgbrown @hal-pc.org>
Subject: Porches
Steve,
As ZPC reviews the "porch" situation, I offer my house as an example. My porch extends into the front yard and has a
certain extra mass above it, making it appropriate for discussion.
I see my house as an example but not a problem. It is an example because the porch a) extends into the front yard, b)
is only slightly more than 50% open, and c) has considerable enclosed space above it. (Although not part of this
discussion, the space is an unfinished attic that could easily be incorporated into the house by an unscrupulous person,
and since there are no windows no one would know.)
I don't see the house as being a problem because a) the front setback on a 150' lot is relatively generous, b) the height
of my porch is modest, and c) the scale of my house is modest.
In the context of the ordinance being considered, perhaps the factors that keep my house from being a problem (if you
agree it is not a problem) should be considered.
I think I like the proposed change. I also like the promotion of friendly, useful front porches and want to be sure we
consider all angles of the issue before limiting them.
Dick
This E-Mail and any files attached to it contain confidential information. Please notify the sender if you have received
this E-Mail in error. If you are not the intended recipient, any use or disclosure of this E-Mail or any attached files is
prohibited!
11/9/2006
Amendment regarding
a formula for framed area
11-5-061 LA/bin
Amend Table 7-4b (both pages) as follows:
Table 7-4b• Buildings General Rule: Every structure must conform to the applicable regulations shown, by District, in
this table.("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules
noted in table. (2) See Article 9 re ardin Planned Develo ment Districts.
Item Regulation SF-I SF-2 SF-3 TH GR-I GR-2 C
Dwelling units Maximum number per One, plus one accessory quarters (AQ) 17.5 per Two 24 per acre. See Uses
building site acre. See table and
Note 8 Art. 9
Framed area, all buildings Maximum area as a 80% 4.000 sq. ft. plus 50% of the area 100% See Note 4. N/A
on a building site percentage of building of the building site in excess of 5.000
site area 5k, ft.
Length or width, any Maximum horizontal N/A 130 feet. See Note 3. N/A
building dimension
Exterior materials, any Type N/A Must be of equal grade and quality, all sides. See
building. Section 8-104.
Separation of DU's Fire-rated wall N/A A t, wur-hour fire wall, or its equivalent, must separate
ldl oinink dwelling units. See Notes 3 and 5.
SF privacy protection See Note 7. N/A Applies. N/A
Accessory buildings Maximum number per Three N/A
building site
See Article 10 regarding
garage space. Height, maximum 25 ft. 35 ft. See
Note 2.
Principal buildings Stories, maximum Two and one-halt. Three. See Note 6. N/A
See Article 10 regarding
garage space. Height, maximum 35 feet; 25 feet in rear yard. See Note 1 35 ft. or
less. See
Note 2.
Minimum gross floor 1,400 square feet, if used for residential 1,200 sq. 750 sq. ft, each DU 1,400 sq.
area purposes ft., each ft.
DU.
Width, minimum N/A 16 ft., each N/A But see QMDS N/A
DU. Schedule.
Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet
above the roof. The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof.
r
Amendment to add
"sloped setback" height limits
11-4-061LAtbin
Amend Table 7-4b (both pages) as follows:
Table 7-4b: Buildings General Rule: Every structure must conform to the applicable regulations shown, by District, in
this table.("N/A" means the rule does not apply.) Exceptions/Special Rules: (1) See special rules
noted in table. (2) See Article 9 re ardin Planned Develo ment Districts.
Item Regulation SF-I SF-2 SF-3 TH GR-1 GR-2 C
Dwelling units Maximum number per One, plus one accessory quarters (AQ) 17.5 per Two 24 per acre. See Uses
building site acre. See table and
Note 8 Art. 9
Framed area, all buildings Maximum area as a 80% 100% See Note 4. N/A
on a building site percentage of building
site area
Length or width, any Maximum horizontal N/A 130 feet. See Note 3. N/A
building dimension
Exterior materials, any Type N/A Must be of equal grade and quality, all sides. See
building. Section 8-104.
Separation of DU's Fire-rated wall N/A A i,~nr-hour fire wall, or its equivalent, must separate
ui`dinitt dwelling units. See Notes 3 and S.
SF privacy protection See Note 7. N/A Applies. N/A
Accessory buildings Maximum number per Three N/A
building site
See Article 10 regarding
garage space. Height, maximum 23 ft. Other thin himneys, no part of an accessM building may be hi er than 35 ft. See
20 feet plu> ncc hoi uontal distance from that part to the nearest property line (not Note 2.
to exceed 25 icet wt, l). See Figure HRD. This is a "sloped" height limit. See also
Notes 1 and 10.
Principal buildings Stories, maximum Two and one-half. Three. See Note 6. N/A
See Article 10 regarding
garage space. Height, maximum 35 feeti -25 feet in rear • afd See ete ' No part of a principal building may be 35 ft. or
higher than 20 feet plus the horizontal distance from that part to the nearest less. See
property line (not to exceed 35 feet total). See Figure HRD. This is a "sloped" Note 2.
height limit. See also Notes 1 and 10.
Minimum gross floor 1,400 square feet, if used for residential 1,200 sq. 750 sq. ft, each DU 1,400 sq.
area purposes ft., each ft.
DU.
Width, minimum N/A 16 ft., each N/A But see QMDS N/A
DU. Schedule.
Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet
above the roof. The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof.
Note 10. Dormers and Gables. An ordinary dormer or gable in a residential district may exceed the sloped height limit if. (i) not part exceeds the
maximum height (35 feet, or 25 feet in rear yard): (ii) the penetrating volume does not exceed 10 sq ft times the depth of the lot in feet, in the
aggregate. In his note. "penetrating volume" means the volume enclosed by any part of any and all dormers or gables that exceed the sloped
height limit.
Figure HRD
Sloped Height Limit in Residential Districts
i i
i i
Height limit (non-yard areas); see Table 7-4b
I I
-------------------I 35 feet (height)
I I
I I
I I
I I
I I
I 45-degree angle i
20 feet (height)
I I
I I
I I
Side property line Side property line
I I
I I
I I
I I
Standard base level
Conceptual view from front street line. Lower height limit applies in rear yard.
Not to scale.
Note: Many other regulations apply, in addition to those shown in this figure. Nothing in this figure allows structures to be
located in yards or "setbacks." See Tables 7-2 and 7-6.
Draft date 11-6-200611-Albin
Amend Schedule FA as follows:
SCHEDULE FA
(FRAMED AREA)
A. General rule: Framed area reflects the size of a building, in square footage. Framed area includes all floor
and ground areas under a solid, fixed roof, except the uncounted areas listed in this Schedule. Floor and ground
areas are measured, on each level, according to the measurement method set out below. For each building, the
measured areas for each level are totaled to produce the framed area of the building.
B. Measurement method: For each level of a building, the framed area is the area of an imaginary, horizontal,
unbroken plane immediately atop the structure supporting the floor (or immediately atop the ground, where
there is no floor). Each plane extends horizontally to the outer main wall surfaces of the building, or to the outer
perimeter of the structure above (whichever is outermost). For this purpose:
1. steps, landings, sunken areas, floor openings and similar features are not considered separate levels, so
there is no plane on those levels;
2. each plane extends to the outer wall surfaces of bay windows, cantilevered space and similar space on
the same floor, regardless of the height of the floor;
3. if there is a "split level" or similar irregular floor level, the building official may designate either one
level to define the imaginary plane for that floor, or separate planes for the separate levels; and
4. if area (all or part) within a one-story building has an interior height exceeding 19 feet, the area is
doubled to calculate framed area (and if it has a interior h6Lht exceeding 31 feet, the area is tripled).
C. Uncounted areas: The following areas are not counted a, framed` area:
1. attic area that cannot be reached through a fixed accessway;
2. third floor area where none of the roof or left or riLht sides of the structure (e.g., a plane, a cone) has a
pitch less than "4-in-12" nor greater than ■12-in-12. (45 degrees) beginning at a lower edge (eave) at a
height below 25 feet and either rising to a peak pOML or rising to meet another such roof surface at a
ridgeline (or peak point); see Figure t, i- - *.ea whefe there is a interior- height less than seven ,
3. those non-attic parts of an imaginary plane on a second or third-floor level, above which there is less
than seven feet of interior height;
4. area beneath eaves, cornices, roof extensions, "greenhouse" or bay windows, cantilevered space and
similar parts of buildings that project outward from the main wall of a building no more than 24 inches,
if the area is on a lower floor level (or at ground level) and is otherwise completely open to the
outdoors;
5. unenclosed porch area of a principal building, if the longest side of the porch directly faces the front
street line or side street line of the building site, and the area is neither designed nor usable for motor
vehicles;
6. the area of "crawl space" at ground level;
7. unenclosed walkway or "breezeway" area if: (A) the area directly connects a principal building to an
accessory building containing garage space located behind the principal building; (B) the total covered
width of the area does not exceed eight feet; and (C) no part of the roof is higher than 14 feet;
8. area of recessed entries (garage or home) or windows that is completely open to the outdoors on at least
one side, if: (A) each area faces the front street line or side street line of the building site, (B) each area
is not larger than 100 square feet, and (C) the total of all such uncounted recessed area is less than 200
square feet; and
9. basement area if: (A) the floor is at least five feet lower than the standard base level of the site, and (B)
the interior height does not exceed eight feet.
(The rules for uncounted areas shall be strictly construed and applied to the defined areas only.)
[Drawings may be added.]
Amendment to add
"sloped setback" height limits
with "penetrating volume"
11-64-06
Amend Table 7-4b (both pages) as follows:
Table 7-4b: Buildings General Rule: Every structure must conform to shown., by District, in this
table.("N/A means the rule does not a Ezc (1) See specrial rules noted
in table. (2) See Article 9 regarding vel
item Regulation SF-I SF-2 SF TH R-
Dwelling units Maximum number per One, plus one accessory quarters (AQ Two a Uses
building site table and
Art 9
Framed area, all buildings Maximum area as a 80% 00'/o N/A
on a building site percentage ofbuilding
site area
Length or width, any Maximum horizontal N/A t See Note 3. N/A
building dimension
Exterior materials, any Type N/A and quality, all sides- See
building. Sec
Separation of DU's Fite-rated wall N/A A fo fire wall, or its equivalent, must separate
li units. See Notes 3 and 5.
SF privacy protection See Note 7. N/ N/A
Accessorybuildings Maximum number per N/A
building site
See Article 10 regarding
garage space. part ofan accessory building may be high- than 20 35 ft See
lus the that part to the nearest Mpy!y line not to Note 2.
5 feet to D. This is a "sloped" height limit See also
d 10.
Principal buil ' 'es, maximum Two £ Three. See Note 6 N/A
See Article 10 rega
garage space. of Imefd to -1 No part of a mincioal building may be higher 35 ft or
plus the horizontal distance from thatpart to the nearest Propertyline not less See
5 feet total . See Fi 11RD. This is a "sloped"height limit. See also Note 2.
and 10.
Minimum gross floor 1,400 square feet, if used for residential 1,200 sq_ 750 sq. fl, each DU 1,400 sq.
area purposes ft, each ft
DU.
Width, minimum N/A 16 ft, each NIA But see QMDS N/A
DU. Schedule.
Note 1. Antennas and Chimneys. Roof-mounted radio or television antennas on a principal building in a residential district may project up to four feet above
the roof The maximum height of chimneys attached to a principal building is the greater of 35 feet or four feet above the roof
•ff
Note 10. Dormers and Gables. An_ )rdinary dormers -lid ,iL i ck . If .>ktl-le in a residential district may exceed ,t 1> n_ -t rut: the sloped height limit if (i)
no+part exceeds the maximum heip_ht(35feet,or 25feet in rear yard);.ij it thet.-tal ul Icc~ 11 n~~t~ nn.~aunu-~~n_thehuildina~itc
e+ r .3t+ , { edces not exceed 10 tt++>~-the depth ofthe lot i, i l in feet . in 4te t-- ee`tg. In his note, "Uenetratittg
volute" means the volume t' p n, r, rte , < l sa, . , l met-z ale:-that exceed (nr p' netr.ue"L
a sloped hei t limit _
Figure HRD
Sloped Height Limit in Residential Districts
I 1
I
Height limit (non-yard areas); see Table 7-4b
i
I
I------------ (height
I
1 I
I I
I
I I
t ee angle
I 0 feet (height)
I
I
I
I
Side property line e
I I
I I
I I
I I
I I
I Stan I
Conceptual view from front street line- Lowe plies in rear yard.
' Not to scale. 7im
Note: Many o s apply, in additio a shown in this figure. Nothing in this figure allows structures to
be located i cks." See 2 and 7-6.
I
Draft date 11-6-2006
Amend Schedule FA as follows:
SCHEDULE FA
(FRAMED AREA)
A. General rule: Framed area reflects the size of a building, in square f F area includes all floor
and ground areas under a solid, fixed roof, except the uncounted ar lis e. Floor and ground
areas are measured, on each level, according to the measuremen s For each budding, the
measured areas for each level are totaled to produce the f the
B. Measurement method: For each level of a building, the area o~
unbroken plane immediately atop the structure supporting the fl 'ately atop t ere
there is no floor). Each plane extends horizontally to the outer ma* of the boil o the outer
perimeter of the structure above (whichever is outermost). For
1. steps, landings, sunken areas, floor openings and similar fea separate levels, so
there is no plane on those levels;
2. each plane extends to the outer wall surfaces of tilever d similar space on
the same floor, regardless of the height of the
3. if there is a "split level" or similar irregular vel, vial may designate either one
level to define the imaginary plane for that r sep eparate levels; and
4. if area (all or part) within a one-story boil ' or 19 feet, the area is
doubled to calculate framed area (an " 't int ght 31 feet, the area is tripled).
C. Uncounted areas: The following area t counted
1. attic area that cannot be reach a fixed a
2. third floor area beaeith a_re #ii~e 1~c+ +~ic t _e }<x~#` f #e#t_t t+1~t_cie~_et #lie
( a cone)
i 1 h G neither- "4-in-12" nor eater than ■12-in-12. 45 degrees),
t a low aid eave) at a height below 25 feet and
rises to meet another such roof surface at a
-
I.Ciot less
3. -attic parts of an a on a second or third floor level, above which there is less
of interior height;
4. az es, cornices, roo ions, "greenhouse" or bay windows, cantilevered space and
sinril dings that tward from the main wall of a building no more than 24 inches,
if the area floor at ground level) and is otherwise completely open to the
outdoors;
5. unenclosed porch al building, if the longest side of the porch directly faces the front
street line or side str a building site, and the area is neither designed nor usable for motor
vehicles;
6. the area of crawl space at ground level;
7. unenclosed walkway or "breezeway" area if (A) the area directly connects a principal building to an
accessory building containing garage space located behind the principal building, (B) the total covered
width of the area does not exceed eight feet; and (C) no part of the roof is higher than 14 feet;
8. area of recessed entries (garage or home) or windows that is completely open to the outdoors on at least
one side, if (A) each area faces the front street line or side street line of the building site, (B) each area
is not larger than 100 square feet, and (C) the total of all such uncounted recessed area is less than 200
square feet and
9. basement area if. (A) the floor is at least five feet lower than the standard base level of the site, and (B)
the interior height does not exceed eight feet.
(The rules for uncounted areas shall be strictly construed and applied to the defined areas only.)
[Drawings may be added.]
Proposed regulations
for a "C-PED" district
10-10-06
Marked to identify major changes from existing regulations in the C District.
This chart assumes that general exceptions and notes in Tables 7-1 through o reserved as separate
sections and would apply in the C-PED District.
Purpose The purposes of this district rare: (i) to provide re or atible with nearby I
residential areas ii to encourage access b dest d iii g of -
intensive land uses.
Uses Allowed single family LAny and or er may be
residential (on building_sites cly owned.
where the principal use is
commercial) For PW F Schedule.
Park, playground,
community cente
school (public)
place of wo
Private green
Uti ' ce use
rcial
Allowed only if rcial A special exception may authorize school
auth cial (other) use on sites wholly or partially within
e Schoo this district. For PWSF use, see PWSF
Schedule.
Yards or yard , min.: 38 _ ont sidewalk area if dedicated as a limited ublic
"setba t counts as ont rd. See: Note 1 re ardin structures above sidewalks.
maximum building setback rule below.
for a nt ~wd less than 30 feet deep abu4ting a n*or- theFeeghfffe, i
5 ft. The ZBA may issue a special exception for a zero-width side
ut only upon application by both property owners and only if the special
ption is conditioned upon the construction and maintenance of a common wall
continuously-abutting separate walls (in either case with a four-hour fire rating
or better along the rtyli
Street side yard Width, min.: 8 ft. See: Note 1 regarding structures above I
sidewalks.
Rear yard Depth, min.: 3-50 ft. Rear alley area counts as rear yard. See: Note 2
regarding rear y~jjd, screein etc.
SF Bufferyard Depth, min: 10 ft. See: Note 2 regarding rear yard, screeing etc.
Open area Front yard, min.: N/A
1
pervious Rear yard min.: N/A See: Note 2 regarding rear yard, screeing etc.
areas
Entire building site, min.: 15%
Pervious area Front yard, min.: N/A See Note 2 regarding rear yard, screeing, etc.
Rear yard, min.: N/A
Entire building site, min.: 15%
Landscaping strips Required. Notes in additional
, apply to
andsc
Qualified trees Each qualified tree required eegua4 apply
by this ordinance or Chapter' r~
22 of the Code of Ordinance
must be located within a dditi rvious area may be
contiguous and reasona required to hapter 22.
compact pervious ar
ad'acent to the fir
containing at le
41-SF
Pervious pavement Prehibite"I
Parking areas, interior See: re ardin r scree' c. Eat ParlFi~g st'ea eenteining 21
O
Garage Min. See Article 10
space
Buildings late
ge dimensions I
not re ulated)
uvering area atedled et
lated)
ope
Limit on non (not regulated)
space
Dwelling units See Uses table and AA. Any DU must be on a building site where the
9Neither number nor type is principal use is commercial.
regulated.
Framed area (not regulated)
2
Length, width (not regulated) Exterior materials Must be of equal grade and quality, all sides. See Section 8-104.
Separation of DU's A four-hour fire wall, or its equivalent, must separate adjoining dwelling units.
SF privacy protection (net regulate-IIApplies>
Accessory buildings Number, max.:
(not regulated)
Height, max.: 35 ft.
Principal buildings Stories, max: (not regul e h a d to a
Height, max.: 3340 feet lding is
GFA, min: 1,400 SF ve the roof.
Width, min.: (Hot
fogtilat (see Note 5)
Setback, max. (see Note 5)
Parldng, Off-street parking Number, loca , desi use, layout, etc.. See below
Driveways, spaces and parking an ee Note 4.
Etc. areas
Gro r sh g. Not d without a special exception„ but
Other regulations se a 10.
apply; see, e.g. Article
10.
king areas g spaces for nen may only be
used for motor vehicle parking.
E ay 20 a public or private street, to each principal building and each
DU (or pen area accessible to firefighters and equipment). Other
gulations code.
veways andpriv min.:
ets ttse~ _1-10 feet, or 17 feet if two-way and seFN4ng tlfee e
regulations
e.g. Article
: 24 ft.
(or 35 feet if connecting to a major thoroughfare). Fef any other- usei 30 feet (e
Nlwd umleftg49.enpth, max.: (not regulated)
along eefiler-line &om fiff4hest efid paint. A longer driveway is allowed if there is
3
Route, location:
H. See Note 4.
Spacing I
F"" flan SF-P There must be at least 40 feet between the "inside" apron
edges (at their narrowest points) of driveways serving the same building site.
Pavement Re3nRif-ed tyre
See 49te 4-
twin " :Reinforced concrete
for previous pavement); and vehicular areas. The
ZBA may issue a special to a ds y will
provide equal or better d
Markings; wheel of flan SFD Parking learly marked t, and
stops. wheel stops are required.
Curb cuts Number:
Other regulations *se-Maximum one nt of street may issue a special
Fillawsd
apply; see, e.g. Article exception for addi
10.
M r 50-ft. of stre
Fo aprons) p veway width allowed. Each curb cut
fined to the a that directly abuts the building site(s)
Visibility triangles ations apply.
Certain S Num ed)
structures
courts r: (not N/A
1 structures maximum: 35 ft. However, no part of any structure except a
fence) may be higher than the horizontal
distance from that part to the nearest part of an
SF District.
s max.: 15 ft. Outdoor lights must have full "cut-off' features to revent
li t trespass to adjoining SF Districts. The desivn, color, and other li tin
ents must be co atible with Public lighting in the vicinity.
Note 1: Sidewalk Areas. With and street side vard, there must be a continuous pedestrian walkway area at least
ei t feet wide and ei ee to connect building entrances to the street area and to adjacent building sites.
Walkway material must match existing material (e.g., brick pavers) used for public sidewalks in vicinity. Building
canopies or balconies (with posts) may cover the sidewalk area if (i) the sidewalk area is dedicated to the public to a
depth of at least eight feet and a height of at least ten feet along the full length of each street line, (ii) normal sidewalk
use is preserved (iii) only open deck area (with open-air uses) is allowed above the sidewalk area, and (iv) any signs
above the sidewalk areas conform to a master sign plan for the area, approved by the administrative official.
Note 2. Rear Parkin, Areas. All parking spaces must located behind aprincipal building or within an enclosed garage. Parking
areas must be designed so that aisles may be extended to connect with each adjacent street area, alley area and building
site. Each parking must be screened from any nearby SF District by special screens (finished side facing out) and a
4
parallel landscaped strip at least six feet wide with either evergreen tall shrubs (or small trees) planted on six-foot
centers (or closer). See Fig. 1.
Note 3. Street Landscaping Areas. There must be least one landscaped area for each 50 feet of the combined length of front and
side street lines (or part thereof). Each landscaped area must include at least 50 SF with low shrubs or plants and at
least one qualified tree. Landscape areas may include artwork benches fountains, and other pedestrian oriented
amenities. Landscape. areas may be located within the front part of the site or (with permission of the City Council) in
the adjacent street area, or partly in each area.
Note 4. Parkin and alle s. Notwithstanding any provision of this ordinance space may be located in
whole or in art within an alley adjacent to the rear of the buildin te. must be connected b
rivate driveways direct) to a street area and to each adjacent site he rear of each site).
Exception: Direct connection to a street area is not required re is ion via alle
Note 5. Maximum Buildin Setback. The front main wall of each ri d' of be foM6p the
front street line. The width of the buildin at the front mai east as wi
excluding the width of side yards and driveways actually used.
l
r
Proposed regulations
for a "C-PED" district
10-10-06
(CLEAN version, not marked)
This chart assumes that general exceptions and notes in Tables 7-1 through 7-5b would be preserved as separate
sections and would apply in the C-PED District.
Purpose The purposes of this district are: (i) to provide regulations for commercial areas compatible with nearby
residential areas, (ii) to encourage access by pedestrians, and (iii) to provide for buffering of less-intensive
land uses.
Uses Allowed Any residential (on building A park, playground or community center may be
sites where the principal use is privately or publicly owned.
commercial)
For PWSF use, see PWSF Schedule.
Park, playground, or
community center (public),
school (public),
place of worship
Private green space
Utility or service use
Light commercial
Allowed only if Medium comiiiercial A special exception may authorize school
authorized by special (other) use on sites wholly or partially within
exception School wi her i this district. For PWSF use, see PWSF
Schedule.
Yards or Front yard Depth, min.: 8 ft, I ~ront sidewalk area (if dedicated as a limited public easement)
"setbacks" counts as front yard. See: Note 1 regarding structures above sidewalks. See, also,
maximum building setback rule, below.
Interior side yard Width, min.: 5 ft. The ZBA may issue a special exception for a zero-width side
yard, but only upon application by both property owners and only if the special
exception is conditioned upon the construction and maintenance of a common wall
or continuously-abutting separate walls (in either case with a four-hour fire rating
or better) along the property
Street side yard Width, min.: 8 ft. See: Note I regarding structures above
sidewalks.
Rear yard Depth, min.: 50 ft. Rear alley area counts as rear yard. See: Note 2
regarding rear yard, screening, etc.
SF Bufferyard Depth, min: 10 ft. See: Note 2 regarding rear yard, screening, etc.
Open and Open area Front yard, min.: N/A
pervious
areas Rear yard min.: N/A See: Note 2 regarding rear yard, screening, etc.
Entire building site, min.: 15%
1
Pervious area Front yard, min.: N/A See: Note 2 regarding rear yard, screening, etc.
Rear yard, min.: N/A
Entire building site, min.: 15%
Landscaping strips Required. See Notes 2 and 3 regarding additional
landscaped areas.
Qualified trees Each qualified tree required Additional or better pervious area may be
by this ordinance or Chapter required to comply with Chapter 22.
22 of the Code of Ordinance
must be located within a
contiguous and reasonably
compact pervious area in or
adjacent to the front yard and
containing at least 50 SF
Pervious pavement Allowed.
Parking areas, interior See: Note 2 regarding rear yard, screening, etc.
Garage Garage parking spaces (not regulated) See Article 10
space
Buildings Garage dimensions (not regulated)
Maneuvering area (not regulated.
Facing of door or (not regulated)
opening
Limit on non-garage (not regulai - 1
space
Dwelling units Neither number nor type is Any DU must be on a building site where the
regulated. principal use is commercial.
Framed area (not regulated)
Length, width (not regulated)
Exterior materials Must be of equal grade and quality, all sides. See Section 8-104.
Separation of DU's A four-hour fire wall, or its equivalent, must separate adjoining dwelling units.
SF privacy protection Applies>
Accessory buildings Number, max.:
(not regulated)
Height, max.: 35 ft.
2
Principal buildings Stories, max: (not regulated) The maximum height of chimneys attached to a
Height, max.: 40 feet principal building is the greater of 35 feet or
GFA, min: 1,400 SF four feet above the roof.
Width, min.: (see Note 5)
Setback, max. (see Note 5)
Parking, Off-street parking Number, location, size, design Depends on land use, layout, etc.. See below
Driveways, spaces and parking and Article 10. See Note 4.
Etc. areas
Grouping or sharing. Not allowed without a special exception, but see
Other regulations Article 10.
apply; see, e.g. Article
10.
Use of parking areas Parking spaces may only be used for motor
vehicle parking.
Emergency accessway 20 ft. min. width, via public or private street, to each principal building and each
DU (or to an adjacent open area accessible to firefighters and equipment). Other
regulations apply, e.g, fire code.
Driveways and private Width, min.: 10 feet, or 17 feet if two-way
streets
Other regulations
apply; see, e.g. Article Width, max.: 24 ft. (or 35 feet if connecting to a major thoroughfare).
10.
Length, max.: (not regulated)
Route, location: See Nff is t.
Spacin-: There mu>i he at least 40 feet between the "inside" apron edges (at their
nan wxv ~t p wi t o l drivoways serving the same building site.
Pavement Reinforced r mcretc (or previous pavement) with curbs and drains required for all
vehicular areas. The ZBA may issue a special exception to allow other materials if
it finds that they will provide equal or better durability.
Markings; wheel Parking spaces must be clearly marked on the pavement, and wheel stops are
stops. required.
Curb cuts Number: Maximum one per 50-ft. segment of street line. The ZBA may issue a
special exception for additional curb cuts.
Other regulations
apply; see, e.g. Article
10.
Max. width per 50-ft. segment of street line: Four feet (for aprons) plus the
maximum driveway width allowed. Each curb cut must be confined to the part of
the street area that directly abuts the building site(s) served.
Visibility triangles Standard regulations apply.
3
Certain Swimming pools Number: (not regulated)
structures
Tennis courts Number: (not regulated) N/A
All structures Height, maximum: 35 ft. However, no part of any structure except a
fence) may be higher than the horizontal
distance from that part to the nearest part of an
SF District.
Outdoor lights Height, max.: 15 ft. Outdoor lights must have full "cut-off' features to prevent
direct light trespass to adjoining SF Districts. The design, color, and other lighting
elements must be compatible with public lighting in the vicinity.
Note 1: Sidewalk Areas. Within each front and street side yard, there must be a continuous pedestrian walkway area at least
eight feet wide and eight feet deep to connect building entrances to the street area and to adjacent building sites.
Walkway material must match existing material (e.g., brick pavers) used for public sidewalks in vicinity. Building
canopies or balconies (with posts) may cover the sidewalk area if: (i) the sidewalk area is dedicated to the public to a
depth of at least eight feet and a height of at least ten feet along the full length of each street line, (ii) normal sidewalk
use is preserved, (iii) only open deck area (with open-air uses) is allowed above the sidewalk area, and (iv) any signs
above the sidewalk areas conform to a master sign plan for the area, approved by the administrative official.
Note 2. Rear Parking Areas. All parking spaces must located behind a principal building or within an enclosed garage. Parking
areas must be designed so that aisles may be extended to connect with each adjacent street area, alley area and building
site. Each parking must be screened from any nearby SF District by special screens (finished side facing out) and a
parallel landscaped strip at least six feet wide with either evergreen tall shrubs or small trees planted on six-foot centers
(or closer). See Fig. 1.
Note 3. Street Landscaping Areas. There must be least one landscaped area fiu c ach 50 feet of the combined length of front and
side street lines (or part thereof). Each landscaped area must ini I u o at least 50 SF with low shrubs or plants and at
least one qualified tree. Landscape areas may include amvorh, bens he Countains, and other pedestrian oriented
amenities. Landscape areas may be located within th,2 fnoni pari ~,f the site or (with permission of the City Council) in
the adjacent street area, or partly in each area.
Note 4. Parking and alleys. Notwithstanding ar% other 1)m\ i~it)n oI' this ordinance, any required parking space may be located in
whole or in part within an alley adjacent to the i cm of t he building site. Each parking space must be connected by
private driveways directly to a street area and to ~oJi adjacent building site (or an alley at the rear of each site).
Exception: Direct connection to a street area is not required where there is an indirect connection via alleys.
Note S. Maximum Building Setback. The front main wall of each principal building may not be farther than ten feet from the
front street line. The width of the building, at the front main wall, must be at least as wide as the building site,
excluding the width of side yards and driveways actually used.
4
Memo
To: Members of City Council, Zoning and Planning Commission
From: Chris Peifer, Assistant City Manager/Public Works Director
Debbie Scarcella, Building Official
Date: 10/23/2006
Re: Zoning Regulations Assessment Letter
City Council included $25,000 in the 2006 budget to engage a consultant to assist the City
with reviewing its 80% rule. Staff sought out a respected planning consultant in the region for
guidance. Attached is a letter from Jonathan Smulian, Senior Associate with Wallace,
Roberts, & Todd, LLC, a planning and consulting firm. Mr. Smulian met with members of
staff and the Chairman of the Zoning and Planning Commission upon reviewing various
sections of the zoning regulations as well as proposed amendments. This process was to
determine if it was necessary to present a proposal for consulting as it relates to "framed area"
requirements and potential overdevelopment of lots within West University Place.
It is Mr. Smulian's recommendation that the city wait for a period of one year to see if the
ordinance is effective in achieving development objectives for single-family district sites. His
recommendation is based on the fact that the zoning regulations pertaining to framed area
were recently modified on several occasions and a significant amount of redevelopment has
already occurred (approximately 60%). He suggests that, after addressing the current
proposed changes and before enacting significant new controls in the future, the city should
test whether the existing process is effective in achieving development goals. He further
suggests that many of the previous concerns have been clarified and that because of the city's
size, the staffing structure needed to support a more sophisticated and complex process might
be imprudent.
1
MEMO 22 September 2006
To: M. Christopher Peifer
Asst. City Manager /Director of Public Works
City of West University Place, Texas
Thank you for inviting me to make a proposal on behalf of Wallace Roberts &
Todd LLC (WRT) related to the City of West University Place's concern for
potential "overdevelopment" in single-family detached residential neighborhoods.
In this regard I have reviewed relevant regulations and the background to the
current "framed area" provisions. In order to get a clearer picture of the
city's concerns about this issue I have also met with some key staff members
as well as the Chairman of the ZPC and its legal consultant.
My understanding is that the city seeks to encourage innovative design in the
development of new or remodeled S-F detached housing that would enhance and
maintain the unique quality of life of the city and would be compatible with the scale
and character of existing housing in West U while safeguarding a number of desired
aesthetic and functional standards.
After careful consideration, it is my professional opinion that, before seeking to
investigate the possibility of introducing significantly new control procedures, the city
might be wise to wait for a period of a year. This would be to see whether the existing
ordinance, as recently modified, is effective in achieving the city's development
objectives for detached single family residential development. This would also give the
city time to test whether the existing process, as modified, might be more effective in
simplifying administrative procedures and be more understandable to citizens , their
representatives and potential developers as well as city staff who have to deal with
"overdevelopment" concerns.
My conclusion is based on my understanding that only about one third of the
city's housing stock has not already been redeveloped or substantially modified
and my observation that, over time, many of the previous concerns raised about the
"framed area" regulations have been clarified. It is also posited on the understanding that
a city, the size of West U is unlikely to support the staffing structure that may be
necessary to administer a more technologically sophisticated and potentially complex
process.
As urban planners we are sorry that we cannot take this opportunity to work with
West U as we are particularly interested in the management of change in a very special
city and would welcome the opportunity to provide consultancy services on some future
occasion. I trust that you will consider WRT should other urban design, planning or
landscape architecture projects be contemplated by the city.
Jonathan Smulian FRTPI
Senior Associate
Wallace Roberts & Todd LLC
Tel:713 863 9969, Fax : 713 863 9410
E-mail : jsmulian@wrtdesign.com
Draft date 11-7-2006
Agenda for Town Center Discussion
ZPC November 9, 2006
1. Review/modify/endorse Potential Objectives from 6/10/2004, revised 10/30/2006
2. Review/modify/endorse proposed resolution providing QPED design guidelines
as revised 10/31/2006. Weigh need for a similar resolution to accompany C-PED
zoning.
3. Decide to move forward on hiring a design/planning firm or on working with
Kirksey pro bono to produce sketches that show conceptually what the design
guidelines could produce and back-test the guidelines under various conditions.
4. Decide on a plan and timing for a public Town Center Design Workshop
The proposal for discussion is a well publicized and well timed meeting of the
ZPC at which our proposal for the town center would be presented to the public
for their reaction/input/guidance. A facilitator would be employed to take the
lead at the workshop and do the bulk of the work in preparing for it. The
facilitator would work under the guidance of the ZPC and City staff.
Envisioned for the workshop are a PowerPoint presentation to introduce the topic,
outline important objectives, highlight key issues and options, and address the
decisions that need to be made. To stimulate discussion there would be
illustrations of what the town center might look like and photos of other towns
where "desirable" redevelopment with similarities to ours is taking place. Small-
group discussions would be encouraged and breakout guidelines for the workshop
would be part of the facilitator's assignment.
To ensure participation by key stakeholders, personal invitations by ZPC
members to the property owners and nearby residents might be appropriate.
5. Discussion of proposed C-PED zoning regulations (if time permits)
Draft date 11-6-2006
A RESOLUTION
by
The Zoning and Planning Commission of the City of West University Place, Texas
relating to
Qualified Pedestrian-Enhanced Developments
November 2006
Purpose: Provide design guidelines, endorsed by the Zoning and Planning Commission
("ZPC"), for qualified pedestrian-enhanced developments ("QPEDs") in the City's commercial
zones.
Background:
1. The ZPC has approved a preliminary report (the "report") on a proposal to amend the
Zoning Ordinance of the City of West University Place relating to qualified pedestrian-
enhanced developments;
2. The report addresses the ZPC's proposal to add a new Section 8-116 to the Zoning
Ordinance which would allow the City to issue Spccal Use Permits for QPEDs;
3. QPEDs would be limited to the City's C District (i.e., Commercial District) and would
require a plat or re-plat that addressed, among ocher things, (a) off street parking (located
generally at the rear of the affected huildin(, sites), and (b) reserves for landscaping and
screening;
4. Special Use Permits for
a QPED could permit, in certain approved site specific situations,
(a) shared or reduced parking, (b) reduced or zero-width front yards, or (c) other
accommodations to the Zoning Ordinance;
5. The ZPC has discussed and formulated a list of overall site objectives and design criteria,
which reflect its current vision for QPEDs in the City's C District located along Edloe
between Rice Blvd. and University Blvd, commonly known as the West University Town
Center (the "QPED Design Guidelines");
6. The QPED Design Guidelines reflect the ZPC's current vision for the development of the
West University Town Center as a QPED;
7. The ZPC desires to formally memorialize these QPED Design Guidelines to assist the
Building Official, the Administrative Official, the City Council, future members of the
ZPC, and owners or prospective developers of the West University Town Center.
120 - 295072v2 1
037300/000002
Design Guidelines:
1. Overall Site Objectives. The Overall Site Objectives of the QPED are set forth on
Attachment 1 to these QPED Design Guidelines. [to be prepared and attached]
2. Pedestrian easements. By its name, the QPED contemplates a pedestrian oriented
development. To ensure this goal, the QPED plat should provide for dedications of
sidewalk and pedestrian easements to the public.
3. Yards or "Setbacks." Setbacks from the front street line as small as 8' could be
allowed if the following conditions are met:
(a) Within the front setback, there must be a continuous pedestrian walkway
area (dedicated to the public) to connect with adjacent properties. The walkway must be
a minimum of 8 feet wide and walkway material must match existing material (e.g.,
brick pavers) in the vicinity (or City Center area).
(b) Overhead building projections into the front setback would be required
from the front building line to provide cover over walkway area (See Fig. 1). Only open
deck area would be allowed over any overhead projection; however, the overhead
projections may be able to support open-air use` such as open, patio style seating.
(c) To accommodate the rear landscape buffer, a driveway, and at least one-
sided head in parking, the rear-building scthack should be at least 50'.
4. Height. A building height greatter than the maximum allowed in a C District (35 feet)
may be allowed, provided:
(a) Maximum height does not exceed 40 feet,
(b) The privacy, noise, lighting and other matters which could affect
residential areas to the east of the West University Town Center are adequately
addressed.
5. Parking.
(a) The QPED would provide for rear access parking to be located behind the
principal building, in either head-in double-row or angle double-row arrays. Parking
should be designed to connect in the future with adjacent properties' rear parking and
eventually with potential outlets to Rice and University Boulevards.
(b) Screening. Rear parking should be screened by 8' opaque fences and 6' to
8' wide landscape strips with evergreen tall shrubs/small trees located on 6' centers.
Landscaping should be located inside all screening, with the finished side of fencing
120 - 295072v2 2
037300/000002
facing residential areas located to the east of the West University Town Center (See Fig.
1).
(c) To ensure that rear parking will be able to serve adjacent development and
the public, the QPED plat would dedicate appropriate public easements.
(d) With an 8' front setback, front parking along the QPED should be limited
to parallel parking.
(e) The exploration of private/public parking initiatives for the West
University Town Center should be encouraged.
6. Common Walls. Zero-width side yards or common walls between adjoining building
sites may be allowed with the following:
(a) special exception issued by the ZBA,
(b) agreement and joint application by all affected property owners, and
(c) a common wall or continuously abutting separate walls (in either case
with a four-hour fire rating or better).
7. Landscaping. Landscaping areas should be required in. the front for every 50 feet of
building site width. Landscaping areas must be at least 50 square feet in size and
include low shrubs or plants and at least one qualified tree. Landscape areas can - and
are encouraged to include artwork. benches, fountains, and other pedestrian oriented
amenities. Landscape areas may be located within the front part of the site or (with
permission of the City Council) in 1110 adjacent street area, or partly in each area.
8. Miscellaneous Projections. Tables, chairs, benches, sculpture or fountains placed in
the front setback should be allowed if they do not significantly impair pedestrian traffic
flow and comply with applicable ordinances. These amenities may also be allowed to
project into street areas, provided they do not block vehicular or pedestrian traffic,
cause any safety concerns, and are approved in advance as may be required by City
ordinances regulating the use of street areas.
9. Signs. All signs must conform to current City codes and, if located on or above
publicly-dedicated areas (streets or sidewalks), they should be subject to coordinated
design guidelines for the entire West University Town Center, as well as a master sign
plan as required by Section 6.25 (f) of the Code of Ordinances. For example, signs
should be constructed with visible elements made of the same material and use
coordinated design features.
10. Lighting. Lighting standards should be restricted to 15' in height, with full "cut-off'
features to prevent direct light trespass to adjoining SF Districts. The design, color, and
other lighting elements should be compatible with public lighting in the West
120 - 295072v2 3
037300/000002
University Town Center. The approval of the Director of Public Works should be
obtained with respect to all lighting plans.
11. Sustainability. QPED development should encourage sustainable development and
building design, and environmentally friendly site and building objectives.
12. Illustration; Plans. Attached hereto as Figure 1 is an illustration approved by the ZPC
illustrating the application of some of the QPED Design Guidelines. Plans for each
QPED must be submitted for review and approval with the plat and Special Use Permit.
The foregoing QPED Design Guidelines are illustrative and aspirational, and shall not be binding
on the City, the ZPC, the Administrative Official, the City Council or the Building Official.
These Guidelines may be amended or supplemented from time to time.
Approved this day of 92006
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
For the Commission
120 - 295072v2 4
037300/000002
POTENTIAL OBJECTIVES
THE CITY OF WEST UNIVERSITY PLACE TOWN CENTER
From the June, 10-2004 ZPC Meeting
Revised 1013012006
Create a pedestrian friendly environment
1. Provide uses compatible with and enhancing of the quality of life of the community.
2. Encourage the development to move to the sidewalk (set a build-to line).
3. Minimize the strip center parking arrangement of typical shopping centers, which
emphasizes the image of the car and detracts from the pedestrian or sidewalk cafe quality
environment. This could mean locating on-street parallel parking in front, or angled
parking with intermittent tree islands.
4. Locate employee and/or overflow parking behind the retail buildings along the ditch.
5. Encourage the use of landscaping and covered or arcaded sidewalks in front of retail to
further encourage pedestrian use. This could mean a common feature (covered
pedestrian/landscape zone) that links all of the building sites.
6. Encourage parking in the back by providing convenient, covered passageways from the
back to the pedestrian arcades in front of the retail buildings.
7. Encourage the development of a rear service and parking area along the ditch to reduce
pedestrian/traffic conflicts.
Provide a gathering place for the community
Design the street as an urban plaza for congregating, strolling, special events, etc. The design
can accommodate the closing of the street during special events and celebrations.
Create a mixed-use environment
Potentially retail, office, residential and community service
Create aesthetics consistent with an inner city urban single-family neighborhood
Create Design Guidelines for development as a condition for special exemptions and/or
variances. The Guidelines should prevent a typical suburban strip-center appearance.
Be Compatible with adjacent existing uses
1. Single family residential
2. Maintain existing landscape buffer and provide additional screening/buffer for residential
directly across Poor Farm ditch
3. West U Elementary School
4. Park, play fields, Scout House
5. Service, government
Provide appropriate parking
An incentive for redevelopment could be minimizing the parking requirement through a
shared parking plan with other uses, such as the school.
r
Provide the framework for orderly, planned and phased development
The City could create the features and/or provide incentives, special exemptions, or variances
for the developer to create the features that would support the kind of development desired,
such as:
1. A gathering place in front of the structures through landscaping, pavement/street
materials.
2. Extend its sidewalk planning to include a common landscaped, covered walkway feature
to encourage pedestrian use.
3. Use of common landscaping/building features such as signage, lighting, awnings, etc.
that could visually integrate the development.
4. Relaxing of building setbacks to allow building to street right-of-ways and allow
common walls for neighboring developments to maximize buildable space and reinforce
the uniformity and continuity of development.
Encourage buildings that reduce environmental impacts and meet green building standards
Generate tax revenue for the community
Real Estate taxes
Sales tax
Recognize structures of historic significance
To the extent that any of the building structures on the existing site have significance, they
could be preserved, partially incorporated or replicated thematically.
Plan with input from the community
Suggestions could include public meetings for design input, mail-out public opinion poll,
Town Center "Hotline" Website
Coordinate with City of Southside Place Project
Possible integration/compatibility with City of Southside Place project on southeast corner of
Edloe and University