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City Council
Planning and Development Division
City of Galveston
August 27, 2015
1
15P-031 EXHIBIT 1
ADDRESS:
1204 45th
Street
LEGAL DESCRIPTION:
Property is legally described as ABST 628
PAGE 98 BLK 44, in the City and County of
Galveston, Texas.
APPLICANT/REPRESENTATIVE:
Brax Easterwood, AIA
PROPERTY OWNER:
Catholic Diocese of Houston-Galveston
ZONING:
Residential-Duplex-EightPlex (R-2)
REQUEST:
Planned Unit Development (PUD)
APPLICABLE LAND USE REGULATIONS:
Article 4: Land Development Regulations
EXHIBITS:
A – Aerial
B – Public Works’ Comment
C – PUD Plan/Narrative
D – PUD Plan Schematics
STAFF:
Bryce Johnson, Urban Planner I
409-797-3669
johnsonbry@cityofgalveston.org
City Department Notification Responses:
No objection from other city departments.
Public Notice and Comment:
Sent Returned In Favor Opposed
No
Comment
25 4 1 2 1
Executive Summary
The PUD is a floating zone intended to generate a mix of uses,
density, and infrastructure. Generally, PUD’s allow flexible
development standards consistent with the Comprehensive Plan.
Site Details
The 1.8 acre subject site contains five (5) vacant structures; all of
which are enclosed by a six-foot (6’) chain link fence. There are
two points of access to the property located along 44th
and 45th
St.
Surrounding Zoning Districts and Land Uses
Adjacent zoning districts include: Urban Neighborhood (UN),
Single-Family One (R-1), Single-Family One (R-0), and Multi-Family
(MF). Being zoned R-2, the subject site acts as an effective
transition zone between the mixed zoning districts.
= Hidden for Safety
2
Ability of the Property to be
used under Current Zoning
PUD Details /Development Plan
The intent of this zoning district is to provide for attached forms of single-
family dwellings such as two-family dwellings (i.e. duplexes) and townhomes,
up to a maximum of eight units.
The Purpose or
Intent of the PUD
“To promote the safety, well-being, and best
interest of victims of family violence, sexual assault,
and child abuse and to advocate for the prevention
of such crimes.” (Resource & Crisis Center of
Galveston County, mission statement)
Design motives include an urban sensibility,
sustainability, and reflecting the coastal
environment.
PUD Land Uses The mixed use development is proposing offices,
daycare, storage, and residential services. Specific
land uses include Homeless Shelter and
Nursing/Convalescent Home.
Building Height Varies. The lowest is 11.5-feet (Fraser Building),
with the highest being 28-ft (peak of historic
church). All from grade.
Building Setbacks Please refer to “Exhibit D” attached.
Limits of
Construction
Please see New Addition Diagram on page A0.3 for
location of main entry addition and a six-foot (6’)
decorative metal perimeter fence. All other
structures are proposed to undergo rehabilitation.
Building Elevations Please refer to perspectives provided for exterior
design.
Vehicular Parking Existing off-street paved surface provides 31
spaces.
Pedestrian Access Access is severely limited due to the proposed six-
foot (6’) perimeter fence. This being said, the
project does provide pedestrian access through a
gated entrance located along 44th
Street.
Streets and
Circulation
Most of the conditions will remain unchanged, with
the exception of the existing access gate along 45th
Street being closed off.
Screening and
Landscape
The applicant is proposing native and adapted
landscape species, and drought tolerant turf grass.
The site will consist of 19 bushes and 37 trees. See
page A1.2 of “Exhibit D.”
Environmental
protection
Public Works has identified a sanitary line along a
previously abandoned alley (see “Exhibit B”). For
maintenance and emergency purposes, a 10-ft
easement must be dedicated to this line.
Stormwater pollution prevention practices will be
followed in the construction phase. Sustainable
materials, green building design practices and
water catchment will all contribute to the Project.
3
Signage The following signs have been proposed for the
project:
- Reuse of an existing monument sign at 45th
Street
and Avenue L
- Two small wall signs placed near the entrances of
the Office and Pedestrian gate.
Lighting Minimal, low-intensity lighting with full cutoff
exterior fixtures. Proposed security lighting on
building facades.
Phasing or
Scheduling
The project will be divided into three (3) phases
after PUD approval and transfer of property title on
or around November 2015.
Unique
characteristics or
exceptional
circumstances
The existing school and church structures have
served an institutional use since their construction.
Once construction is complete, the owner has
expressed interest in seeking Landmark designation
for these historic buildings.
The subject site also provides diverse
transportation options for future users (i.e. Island
Transit along Avenue L, bike routes, access to
arterial roads).
Comprehensive Plan CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The request conforms to the following sections of the 2011 Comprehensive
Plan:
LANDUSE: Protect, Stabilize, and Revitalize Existing Neighborhoods and
Promote the Creation of New Neighborhoods that Offer a Wide Range of
Housing Options.
To ensure the availability of workforce and middle-income family housing in
the urban core, the City should encourage infill development on single lots
and in small subdivisions
HUMAN ELEMENT: Promote Preservation and Creation of Open Space
through Development and Planning Tools
The City should require new development to provide generous public and
natural resource open space dedications and promote habitat restoration
and resource conservation Island-wide.
HUMAN ELEMENT: Support Initiatives to Strengthen Families
Strong families are important to creating happy, balanced children and
adults, which provides better citizens for the Galveston community.
HUMAN ELEMENT: Work with the Community to Ensure All Residents Have
Food [and Shelter]
The City must strive to alleviate the impacts of poverty, low income, and
living conditions that make people, especially children and older adults,
vulnerable. Galveston’s economic future and quality of life depend on the
development of its people.
4
HUMAN ELEMENT: Provide Services to Vulnerable Populations
The City should expand support services to vulnerable population including
the elderly, homeless, and women in crisis.
HUMAN ELEMENT: Work to Improve Public Safety and Security and Reduce
Violence and Abuse Within the Community
The City can act as a catalyst to help build partnerships and make connections
between the individuals, agencies, and other groups.
Planning Commission
Recommendation
Staff Recommendation
The Planning Commission, at the regular meeting on August 4, 2015, voted
unanimously to recommend approval of this PUD request with the following
amendment to Specific Condition #3:
3. A 20-foot wide utility easement that is centered above the utility lines
and runs the length of the property shall be dedicated for the sewer
main;
Should this request be approved, staff recommends the following conditions:
Specific Conditions to 15P-031;
1. The property’s title be transferred on or by December 1, 2015,
2. Construction must conform to the site plan and design details included
with the PUD application and ordinance;
3. Granting of a PUD zoning district shall not relieve the developer from
complying with all other applicable sections of the Land Development
Regulations (LDR), and other Codes and Ordinances of the City of
Galveston, unless such relief is specified in the approved PUD plan and PUD
ordinance. Relief provided by the approved PUD plan includes:
a. Land use of “Homeless Shelter” and “ Nursing; Convalescent
Home,” and;
b. To allow two flat wall signs located near the entrances of the
Offices and Pedestrian gate;
4. Applicant shall complete the abandonment of the alley (14P-59).
Standard Conditions of a Planned Unit Development (PUD):
5. The applicant shall adhere to all comments/conditions received from City
departments;
6. Any change or revisions to the adopted PUD Plan shall require an
amendment to the PUD ordinance which requires review by the Planning
Commission and City Council. Minor additions and modifications to the
approved PUD plan meeting the criteria set forth in Article 4, Section 4.102
(d)(3) of the Land Development Regulations (LDR) may be approved by the
Development Services Department;
5
7. The proposed project must comply with all signage requirements per
Article 5 of the Land Development Regulations;
8. The proposed project must comply with all lighting requirements per Article
7 of the Land Development Regulations;
9. The proposed project must comply with all parking requirements per Article
8 of the Land Development Regulations;
10. The development shall adhere to all landscaping requirements per Article 9
of the Land Development Regulations; and,
11. The applicant shall submit for approval all plans to the Development
Services Department for compliance with all City codes.
ORDINANCE NO. 15-____
AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, CREATING A PLANNED
UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT IN A RESIDENTIAL-DUPLEX-
EIGHT PLEX (R-2) BASE ZONING DISTRICT, ON PROPERTY COMMONLY KNOWN AS
1204 45th
STREET AND WHICH IS LEGALLY DESCRIBED ABST 628 PAGE 98, BLOCK
44, IN THE CITY AND COUNTY OF GALVESTON, TEXAS FOR REDEVOPMENT INTO
THE RESOURCE AND CRISIS CENTER; TO APPROVE THE CONCEPT SITE PLAN FOR
THE PUD; PLANNING CASE NUMBER 15P-031; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT.
______________________________________________________________________________
WHEREAS, the 2015 Galveston Land Development Regulations, Article 4, allows for
the creation of a Planned Unit Development (PUD) Overlay Zoning District; and,
WHEREAS, the property is owned by the Catholic Diocese of Houston-Galveston. The
Applicant, Brax Easterwood, AIA, is requesting that a Planned Unit Development Overlay Zone
be created on property commonly known as 1204 45th Street and which is legally described as
ABST 628 Page 98, Block 44, in the City and County of Galveston, Texas; and,
WHEREAS, as further detailed in the Staff Report, attached and incorporated herein as
Exhibit 1, (including exhibits C & D, the PUD plan/narrative, and PUD plan schematics), the
subject site is 1.8 acres and contains five (5) vacant structures, all of which are enclosed by a six-
foot (6’) chain link fence. The Applicant wishes to redevelop the existing buildings for use as a
resource and crisis center serving the Catholic Diocese of Houston-Galveston; and,
WHEREAS, the subject site is zoned (R-2). The intent of this zoning district is to
provide for attached forms of single family dwellings; such as, two-family dwellings (i.e.
duplexes) and townhomes, up to a maximum of eight units; and,
WHEREAS, the requested PUD is compatible with surrounding land uses and zoning.
The adjacent zoning districts include: Urban Neighborhood (UN), Single-Family One (R-1),
Single-Family One (R-0), and Multi-Family (MF). Being zoned R-2, the subject site acts as an
effective transition zone between the mixed zoning districts; and,
WHEREAS, the proposed request is supported by the goals of the Landuse and Human
Element sections of the 2011 Comprehensive Plan; and,
WHEREAS, the Planning Commission considered the request at its August 4, 2015
regular meeting and voted unanimously to recommend approval of the PUD request with the
following amendment to Specific Condition #3:
A 20-foot wide utility easement that is centered above the utility lines
and runs the length of the property shall be dedicated for the sewer
main; and,
2
WHEREAS, Staff recommends that the request be approved with certain specific and
standard conditions contained in Section 3 below; and,
WHEREAS, after notice and conducting a public hearing, the City Council of the City of
Galveston, Texas, deems it in the public interest to grant the applicant’s request for a Planned
Unit Development (PUD) Overlay Zoning District in a (R-2) base zoning district, on property
commonly known as 1204 45th Street and which is legally described as ABST 628 Page 98,
Block 44, in the City and County of Galveston, Texas; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GALVESTON, TEXAS:
SECTION 1. The findings and recitations set out in the preamble to this Ordinance are
found to be true and correct and they are adopted by the City Council and made a part hereof for all
purposes.
SECTION 2. Subject to certain conditions set forth in Section 3 below, the Applicant is
hereby granted a Planned Unit Development (PUD) Overlay Zoning District in a (R-2) base
zoning district, on property commonly known as 1204 45th Street, and legally described as ABST
628 Page 98, Block 44, in the City and County of Galveston, Texas.
SECTION 3. This Planned Unit Development (PUD) Overlay Zoning District is subject
to the following conditions:
Specific Conditions:
1. The property’s title be transferred on or by December 1, 2015;
2. Construction must conform to the site plan and design details included with the PUD
application and ordinance;
3. Granting of a PUD zoning district shall not relieve the developer from complying with all
other applicable sections of the Land Development Regulations (LDR), and other Codes
and Ordinances of the City of Galveston, unless such relief is specified in the approved
PUD plan and PUD ordinance. Relief provided by the approved PUD plan includes:
a. Land use of “Homeless Shelter” and “ Nursing; Convalescent Home,”
and;
b. To allow two flat wall signs located near the entrances of the Offices
and Pedestrian gate;
4. Applicant shall complete the abandonment of the alley (14P-59);
5. A 20-foot wide utility easement that is centered above the utility lines and runs the length
of the property shall be dedicated for the sewer main; and
3
Standard Conditions:
6. The applicant shall adhere to all comments/conditions received from City departments;
7. Any change or revisions to the adopted PUD Plan shall require an amendment to the
PUD ordinance which requires review by the Planning Commission and City Council.
Minor additions and modifications to the approved PUD plan meeting the criteria set
forth in Article 4, Section 4.102 (d)(3) of the Land Development Regulations (LDR) may
be approved by the Development Services Department;
8. The proposed project must comply with all signage requirements per Article 5 of the
Land Development Regulations;
9. The proposed project must comply with all lighting requirements per Article 7 of the
Land Development Regulations;
10. The proposed project must comply with all parking requirements per Article 8 of the
Land Development Regulations;
11. The development shall adhere to all landscaping requirements per Article 9 of the Land
Development Regulations; and,
12. The applicant shall submit for approval all plans to the Development Services
Department for compliance with all City codes.
SECTION 4. The concept site plan for the Planned Unit Development as submitted to the
Planning Commission and to the City Council as reflected in applicant’s Exhibits C & D attached
and incorporated herein for all purposes, is hereby approved subject to the conditions set forth in
Section 3.
SECTION 5. The Zoning classification for this property shall be changed to R-2, PUD
overlay and on the zoning maps of the City of Galveston shall be designated as R 2- PUD, subject
to the conditions set for in Section 3.
SECTION 6. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any phrase, clause,
sentence, paragraph or section of this Ordinance should be declared invalid by a final judgment or
decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this Ordinance.
SECTION 7. All Ordinances or parts thereof in conflict herewith are repealed to the
extent of such conflict only.
SECTION 8. In accordance with the provisions of Sections 12 and 13 of Article II of the
City Charter this Ordinance has been publicly available in the office of the City Secretary for not
less than 72 hours prior to its adoption; that this Ordinance may be read and published by
descriptive caption only.
4
SECTION 9. This Ordinance shall be and become effective from and after its adoption
and publication in accordance with the provisions of the Charter of the City of Galveston.
APPROVED AS TO FORM:
__________________________
DONNA M. FAIRWEATHER
ASSISTANT CITY ATTORNEY
I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby
certify that the foregoing is a true and correct copy of an Ordinance adopted by the City Council of
the City of Galveston at its regular meeting held on August 27, 2015, as the same appears in
records of this office.
IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate
seal of the City of Galveston this _____ day of __________, 2015.
_____________________________
Secretary for the City Council
Of the City of Galveston

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City Council Staff Report Example

  • 1. City Council Planning and Development Division City of Galveston August 27, 2015 1 15P-031 EXHIBIT 1 ADDRESS: 1204 45th Street LEGAL DESCRIPTION: Property is legally described as ABST 628 PAGE 98 BLK 44, in the City and County of Galveston, Texas. APPLICANT/REPRESENTATIVE: Brax Easterwood, AIA PROPERTY OWNER: Catholic Diocese of Houston-Galveston ZONING: Residential-Duplex-EightPlex (R-2) REQUEST: Planned Unit Development (PUD) APPLICABLE LAND USE REGULATIONS: Article 4: Land Development Regulations EXHIBITS: A – Aerial B – Public Works’ Comment C – PUD Plan/Narrative D – PUD Plan Schematics STAFF: Bryce Johnson, Urban Planner I 409-797-3669 johnsonbry@cityofgalveston.org City Department Notification Responses: No objection from other city departments. Public Notice and Comment: Sent Returned In Favor Opposed No Comment 25 4 1 2 1 Executive Summary The PUD is a floating zone intended to generate a mix of uses, density, and infrastructure. Generally, PUD’s allow flexible development standards consistent with the Comprehensive Plan. Site Details The 1.8 acre subject site contains five (5) vacant structures; all of which are enclosed by a six-foot (6’) chain link fence. There are two points of access to the property located along 44th and 45th St. Surrounding Zoning Districts and Land Uses Adjacent zoning districts include: Urban Neighborhood (UN), Single-Family One (R-1), Single-Family One (R-0), and Multi-Family (MF). Being zoned R-2, the subject site acts as an effective transition zone between the mixed zoning districts. = Hidden for Safety
  • 2. 2 Ability of the Property to be used under Current Zoning PUD Details /Development Plan The intent of this zoning district is to provide for attached forms of single- family dwellings such as two-family dwellings (i.e. duplexes) and townhomes, up to a maximum of eight units. The Purpose or Intent of the PUD “To promote the safety, well-being, and best interest of victims of family violence, sexual assault, and child abuse and to advocate for the prevention of such crimes.” (Resource & Crisis Center of Galveston County, mission statement) Design motives include an urban sensibility, sustainability, and reflecting the coastal environment. PUD Land Uses The mixed use development is proposing offices, daycare, storage, and residential services. Specific land uses include Homeless Shelter and Nursing/Convalescent Home. Building Height Varies. The lowest is 11.5-feet (Fraser Building), with the highest being 28-ft (peak of historic church). All from grade. Building Setbacks Please refer to “Exhibit D” attached. Limits of Construction Please see New Addition Diagram on page A0.3 for location of main entry addition and a six-foot (6’) decorative metal perimeter fence. All other structures are proposed to undergo rehabilitation. Building Elevations Please refer to perspectives provided for exterior design. Vehicular Parking Existing off-street paved surface provides 31 spaces. Pedestrian Access Access is severely limited due to the proposed six- foot (6’) perimeter fence. This being said, the project does provide pedestrian access through a gated entrance located along 44th Street. Streets and Circulation Most of the conditions will remain unchanged, with the exception of the existing access gate along 45th Street being closed off. Screening and Landscape The applicant is proposing native and adapted landscape species, and drought tolerant turf grass. The site will consist of 19 bushes and 37 trees. See page A1.2 of “Exhibit D.” Environmental protection Public Works has identified a sanitary line along a previously abandoned alley (see “Exhibit B”). For maintenance and emergency purposes, a 10-ft easement must be dedicated to this line. Stormwater pollution prevention practices will be followed in the construction phase. Sustainable materials, green building design practices and water catchment will all contribute to the Project.
  • 3. 3 Signage The following signs have been proposed for the project: - Reuse of an existing monument sign at 45th Street and Avenue L - Two small wall signs placed near the entrances of the Office and Pedestrian gate. Lighting Minimal, low-intensity lighting with full cutoff exterior fixtures. Proposed security lighting on building facades. Phasing or Scheduling The project will be divided into three (3) phases after PUD approval and transfer of property title on or around November 2015. Unique characteristics or exceptional circumstances The existing school and church structures have served an institutional use since their construction. Once construction is complete, the owner has expressed interest in seeking Landmark designation for these historic buildings. The subject site also provides diverse transportation options for future users (i.e. Island Transit along Avenue L, bike routes, access to arterial roads). Comprehensive Plan CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request conforms to the following sections of the 2011 Comprehensive Plan: LANDUSE: Protect, Stabilize, and Revitalize Existing Neighborhoods and Promote the Creation of New Neighborhoods that Offer a Wide Range of Housing Options. To ensure the availability of workforce and middle-income family housing in the urban core, the City should encourage infill development on single lots and in small subdivisions HUMAN ELEMENT: Promote Preservation and Creation of Open Space through Development and Planning Tools The City should require new development to provide generous public and natural resource open space dedications and promote habitat restoration and resource conservation Island-wide. HUMAN ELEMENT: Support Initiatives to Strengthen Families Strong families are important to creating happy, balanced children and adults, which provides better citizens for the Galveston community. HUMAN ELEMENT: Work with the Community to Ensure All Residents Have Food [and Shelter] The City must strive to alleviate the impacts of poverty, low income, and living conditions that make people, especially children and older adults, vulnerable. Galveston’s economic future and quality of life depend on the development of its people.
  • 4. 4 HUMAN ELEMENT: Provide Services to Vulnerable Populations The City should expand support services to vulnerable population including the elderly, homeless, and women in crisis. HUMAN ELEMENT: Work to Improve Public Safety and Security and Reduce Violence and Abuse Within the Community The City can act as a catalyst to help build partnerships and make connections between the individuals, agencies, and other groups. Planning Commission Recommendation Staff Recommendation The Planning Commission, at the regular meeting on August 4, 2015, voted unanimously to recommend approval of this PUD request with the following amendment to Specific Condition #3: 3. A 20-foot wide utility easement that is centered above the utility lines and runs the length of the property shall be dedicated for the sewer main; Should this request be approved, staff recommends the following conditions: Specific Conditions to 15P-031; 1. The property’s title be transferred on or by December 1, 2015, 2. Construction must conform to the site plan and design details included with the PUD application and ordinance; 3. Granting of a PUD zoning district shall not relieve the developer from complying with all other applicable sections of the Land Development Regulations (LDR), and other Codes and Ordinances of the City of Galveston, unless such relief is specified in the approved PUD plan and PUD ordinance. Relief provided by the approved PUD plan includes: a. Land use of “Homeless Shelter” and “ Nursing; Convalescent Home,” and; b. To allow two flat wall signs located near the entrances of the Offices and Pedestrian gate; 4. Applicant shall complete the abandonment of the alley (14P-59). Standard Conditions of a Planned Unit Development (PUD): 5. The applicant shall adhere to all comments/conditions received from City departments; 6. Any change or revisions to the adopted PUD Plan shall require an amendment to the PUD ordinance which requires review by the Planning Commission and City Council. Minor additions and modifications to the approved PUD plan meeting the criteria set forth in Article 4, Section 4.102 (d)(3) of the Land Development Regulations (LDR) may be approved by the Development Services Department;
  • 5. 5 7. The proposed project must comply with all signage requirements per Article 5 of the Land Development Regulations; 8. The proposed project must comply with all lighting requirements per Article 7 of the Land Development Regulations; 9. The proposed project must comply with all parking requirements per Article 8 of the Land Development Regulations; 10. The development shall adhere to all landscaping requirements per Article 9 of the Land Development Regulations; and, 11. The applicant shall submit for approval all plans to the Development Services Department for compliance with all City codes.
  • 6. ORDINANCE NO. 15-____ AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, CREATING A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT IN A RESIDENTIAL-DUPLEX- EIGHT PLEX (R-2) BASE ZONING DISTRICT, ON PROPERTY COMMONLY KNOWN AS 1204 45th STREET AND WHICH IS LEGALLY DESCRIBED ABST 628 PAGE 98, BLOCK 44, IN THE CITY AND COUNTY OF GALVESTON, TEXAS FOR REDEVOPMENT INTO THE RESOURCE AND CRISIS CENTER; TO APPROVE THE CONCEPT SITE PLAN FOR THE PUD; PLANNING CASE NUMBER 15P-031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. ______________________________________________________________________________ WHEREAS, the 2015 Galveston Land Development Regulations, Article 4, allows for the creation of a Planned Unit Development (PUD) Overlay Zoning District; and, WHEREAS, the property is owned by the Catholic Diocese of Houston-Galveston. The Applicant, Brax Easterwood, AIA, is requesting that a Planned Unit Development Overlay Zone be created on property commonly known as 1204 45th Street and which is legally described as ABST 628 Page 98, Block 44, in the City and County of Galveston, Texas; and, WHEREAS, as further detailed in the Staff Report, attached and incorporated herein as Exhibit 1, (including exhibits C & D, the PUD plan/narrative, and PUD plan schematics), the subject site is 1.8 acres and contains five (5) vacant structures, all of which are enclosed by a six- foot (6’) chain link fence. The Applicant wishes to redevelop the existing buildings for use as a resource and crisis center serving the Catholic Diocese of Houston-Galveston; and, WHEREAS, the subject site is zoned (R-2). The intent of this zoning district is to provide for attached forms of single family dwellings; such as, two-family dwellings (i.e. duplexes) and townhomes, up to a maximum of eight units; and, WHEREAS, the requested PUD is compatible with surrounding land uses and zoning. The adjacent zoning districts include: Urban Neighborhood (UN), Single-Family One (R-1), Single-Family One (R-0), and Multi-Family (MF). Being zoned R-2, the subject site acts as an effective transition zone between the mixed zoning districts; and, WHEREAS, the proposed request is supported by the goals of the Landuse and Human Element sections of the 2011 Comprehensive Plan; and, WHEREAS, the Planning Commission considered the request at its August 4, 2015 regular meeting and voted unanimously to recommend approval of the PUD request with the following amendment to Specific Condition #3: A 20-foot wide utility easement that is centered above the utility lines and runs the length of the property shall be dedicated for the sewer main; and,
  • 7. 2 WHEREAS, Staff recommends that the request be approved with certain specific and standard conditions contained in Section 3 below; and, WHEREAS, after notice and conducting a public hearing, the City Council of the City of Galveston, Texas, deems it in the public interest to grant the applicant’s request for a Planned Unit Development (PUD) Overlay Zoning District in a (R-2) base zoning district, on property commonly known as 1204 45th Street and which is legally described as ABST 628 Page 98, Block 44, in the City and County of Galveston, Texas; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS: SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are adopted by the City Council and made a part hereof for all purposes. SECTION 2. Subject to certain conditions set forth in Section 3 below, the Applicant is hereby granted a Planned Unit Development (PUD) Overlay Zoning District in a (R-2) base zoning district, on property commonly known as 1204 45th Street, and legally described as ABST 628 Page 98, Block 44, in the City and County of Galveston, Texas. SECTION 3. This Planned Unit Development (PUD) Overlay Zoning District is subject to the following conditions: Specific Conditions: 1. The property’s title be transferred on or by December 1, 2015; 2. Construction must conform to the site plan and design details included with the PUD application and ordinance; 3. Granting of a PUD zoning district shall not relieve the developer from complying with all other applicable sections of the Land Development Regulations (LDR), and other Codes and Ordinances of the City of Galveston, unless such relief is specified in the approved PUD plan and PUD ordinance. Relief provided by the approved PUD plan includes: a. Land use of “Homeless Shelter” and “ Nursing; Convalescent Home,” and; b. To allow two flat wall signs located near the entrances of the Offices and Pedestrian gate; 4. Applicant shall complete the abandonment of the alley (14P-59); 5. A 20-foot wide utility easement that is centered above the utility lines and runs the length of the property shall be dedicated for the sewer main; and
  • 8. 3 Standard Conditions: 6. The applicant shall adhere to all comments/conditions received from City departments; 7. Any change or revisions to the adopted PUD Plan shall require an amendment to the PUD ordinance which requires review by the Planning Commission and City Council. Minor additions and modifications to the approved PUD plan meeting the criteria set forth in Article 4, Section 4.102 (d)(3) of the Land Development Regulations (LDR) may be approved by the Development Services Department; 8. The proposed project must comply with all signage requirements per Article 5 of the Land Development Regulations; 9. The proposed project must comply with all lighting requirements per Article 7 of the Land Development Regulations; 10. The proposed project must comply with all parking requirements per Article 8 of the Land Development Regulations; 11. The development shall adhere to all landscaping requirements per Article 9 of the Land Development Regulations; and, 12. The applicant shall submit for approval all plans to the Development Services Department for compliance with all City codes. SECTION 4. The concept site plan for the Planned Unit Development as submitted to the Planning Commission and to the City Council as reflected in applicant’s Exhibits C & D attached and incorporated herein for all purposes, is hereby approved subject to the conditions set forth in Section 3. SECTION 5. The Zoning classification for this property shall be changed to R-2, PUD overlay and on the zoning maps of the City of Galveston shall be designated as R 2- PUD, subject to the conditions set for in Section 3. SECTION 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by a final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. SECTION 7. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION 8. In accordance with the provisions of Sections 12 and 13 of Article II of the City Charter this Ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive caption only.
  • 9. 4 SECTION 9. This Ordinance shall be and become effective from and after its adoption and publication in accordance with the provisions of the Charter of the City of Galveston. APPROVED AS TO FORM: __________________________ DONNA M. FAIRWEATHER ASSISTANT CITY ATTORNEY I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the City Council of the City of Galveston at its regular meeting held on August 27, 2015, as the same appears in records of this office. IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of __________, 2015. _____________________________ Secretary for the City Council Of the City of Galveston