§ 10.307. BUILDING MASS AND FORM STANDARDS

A.

Building Floor Plate.

1.

Mid-rise. Maximum floor plate area for floors six through eight shall be 15,000 square feet.

B.

Shading of Adjacent Residential Zone, Public School, or Public Park:

1.

Mid-rise. No mid-rise structure in the HDDZ shall impact development within any adjacent residential zone, public school, or public park through substantial shading.

2.

For the purpose of this paragraph, substantial shading shall be considered shading of an adjacent parcel for more than four hours, as measured on December 21 ^st . A three-dimensional model illustrating the potential shading for the project shall be provided to the City for review.

C.

Wall Plane Articulation. A building shall be articulated with wall place offsets to encourage a varied and interesting street front and break down the visual mass of taller buildings elements, as illustrated in Figure G1. Table 10.307, Wall Plane Articulation establishes the required articulation for different vertical sections of a building:

Table 10.307 Wall Plane Articulation
Vertical Building Section
From	To	Building Wall Length (max.)	Offset Depth (min.)	Offset Length (min.)
Grade	3 Stories or 35 feet	30 feet	5 feet	10 feet
3 stories or 35 feet	Max. Height Limit	50 feet	5 feet	10 feet

 

1.

Requirements. Wall Plane Articulation shall be not required for the rear elevation unless the rear elevation is adjacent to a rights-of-way or residentially zoned property. Wall Plane Articulation shall only be required for exterior building walls. For example, porches or freestanding, open air structures, such as gazebos, are not required to provide Wall Plane Articulation.

2.

Options.

a.

Indented Offsets: Articulation may be provided with indented offsets as shown in Figure G2.

b.

Offset Wall Places: Articulation may be provided with offsets that extend outwards towards the lot line as shown in Figure G3. Please note that the offsets need to meet any setback requirements.

c.

Projected Offsets: Articulation may be provided with alternative designs, such as curved walls, that meet the building wall length and offset requirements set forth in the Wall Place Articulation table above and subject to approval by the Development Services Director.

3.

Special Exception to Wall Plane Articulation Standards for Very Low-Rise Buildings. The Development Services Director may permit an increase of up to 40 feet to the maximum building wall length, a reduction of up to 3 feet in minimum offset depth,, and/or a reduction of up to 5 feet in minimum offset length for very low-rise buildings. Permitted exceptions must meet the intent of the Building Massing and Articulation section of the Height and Density Development Plan and Design Guidelines.

D.

View Corridors.

1.

Gateway View Corridor. A view corridor shall be established in the Gateway portion of the HDDZ. The height limits for Transition Area 3a shall apply within the established view corridor. Additional review of the view corridor is necessary prior to designation, and therefore, staff recommends the view corridor be established by separate ordinance.

2.

Permanent Street Closures. When a single development includes multiple blocks, it may be beneficial to close a street to provide additional open space. A permanent street closure may only be considered on a case-by-case basis where such closures do not significantly impact traffic flow and where it will provide a high quality space that contributes positively to the overall neighborhood character and pedestrian circulation system. The intent of this section is to maintain views, airflow of Gulf breezes, and to retain traditional block shapes and sizes. The land area of any new street closure may not be included in floor area ratio calculations as described in the floor area ratio definition.

a.

Closure of a city street or avenue after the adoption of this ordinance may only be considered where it meets the following criteria including but not limited to:

i.

There is a demonstrated community benefit;

ii.

The street segment is not a part of a historic district or a potentially eligible historic district;

iii.

No structure shall be erected within the original right-of-way; and

iv.

The closure does not negatively impact public safety or traffic.

b.

When closing a city street or avenue:

i.

Maintain existing view corridors and breezeways along the original right-of-way;

ii.

Maintain pedestrian access through the development along the original right-of-way; and

iii.

Provide additional landscaping including decorative paving in the closed area.

c.

When an existing site contains privately owned land that was formerly a city street, avenue, alley, or other right-of-ways at the time of adoption of the HDDZ that area shall be considered typical site area and is exempt from the requirements of this section.

d.

Closure of an alley after the adoption of this ordinance may only be considered when it meets the following criteria including but not limited to:

i.

Closing the alley is necessary to build a parking structure or orient a mid-rise building as recommended by the Height and Density Development Plan and Design Guidelines.

ii.

The alley segment is not part of a historic district or a potentially eligible historic district.

iii.

Closing the alley would cause a loss of service access to other properties.

iv.

Utility service lines can be feasibly relocated, by the developer or applicant following review and approval by the Public Works Department.

E.

Use Regulations. The use regulations of the underlying zone districts shall apply including any additional use restrictions imposed by applicable overlay districts. Where any underlying district requires a specific use permit (SUP) such permit shall continue to be required in the HDDZ.

( Ord. No. 18-037, § 2, 6-21-18 )

The street edge standards of this Section shall apply to all development within the HDDZ.

A.

Visual Interest. In order to enhance the experience of the traveling public, the following visual interest elements shall be required along any street edge:

1.

Active storefronts containing commercial or office uses; and

2.

Decorative architectural surfaces such as:

1.

Public art or murals approved by the Galveston Commission for the Arts or designee

2.

Porches, galleries, arcades, or other architectural features providing outdoor protected shade for pedestrians or residents.

B.

Parking Structure Requirements: Any structured parking must have other active uses (commercial or residential) located between the structure and the required building setback for a minimum depth of 20 feet as shown in Figure K. It must extend a minimum of 60 percent of the linear frontage of the structure on any street face. This wrap of other uses may be built within any required Neighborhood Transition Area subject to the height requirements for the transition area.

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.309   NATIONAL REGISTER OF HISTORIC PLACES ELIGIBLE BUILDINGS

Any buildings on the project site (whether the development site or a site designated for community benefit provided to achieve additional floor area) that are listed or eligible for listing on the National Register of Historic Places shall be preserved or moved to an alternative site within the City. No demolition of eligible structures is permitted in the HDDZ.

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.310   WETLAND BUFFERS

The following wetland buffers shall apply in the Height and Density Development Zone.

A.

Buffer Required. A 25 foot wetland buffer shall be established along the edges of any wetland under the jurisdiction of the US Corps of Engineers or the State of Texas. Buffers shall be shown an all plans and plats.

B.

Activity Allowed in Wetland Buffers. Wetland buffers shall remain undisturbed and no development, including land-disturbing activities, shall occur within this wetland buffer. Overhead or underground utilities, roads, streets, bridges, or similar structures should be placed within existing public right-of-ways if possible but in any case, must cross the buffer as close to perpendicular as possible.

C.

Revegetation. All disturbed areas within the buffer area, permitted or not, shall be revegetated with perennial vegetation as soon as practical (immediately) after the disturbance.

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.311   BASE TIER DEVELOPMENT STANDARDS

A.

In General. The base tier development standards allow very low and low-rise development subject to review and approval by the City.

B.

Site Development Standards: Table 10.311 shows the low-rise site development standards that shall apply in the HDDZ:

Table 10.311 Low-rise Site Development Standards by Character Area
	Gateway	Seawall East	Seawall A	Seawall B	Seawall West	Seawall W. to 11 Mile Road
Floor Area Ratio (max.)	1.5	2.0	2.0	2.0	1.5	1.0
Lot Coverage (max.)	75%	80%	80%	80%	75%	50%
Improved Public Open Space (min.)	8%	5%	5%	5%	8%	15%
Height
Not in Transition Area (max.)	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories
Transition Area 1a (max.)	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	45 feet or 3 stories
Transition Area 1b (max.)	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories
Transition Area 2 (max.)	—	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	—
Transition Area 3 (max.)	25 feet or 2 stories	—	—	—	—	—

 

Special Transition Area height limits are not applicable when rows are columns are marked —

 See paragraph (f) subsection (3)c. above for description of transition areas.

 In the Base Tier, height standards do not differ for Transition Area 1b and for areas that are not in a transition area.

C.

Improved Public Open Space: The improved public open space requirement replaces any requirement for Usable Open Space per Section 29-65(e).

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.312   MID-RISE TIER DEVELOPMENT STANDARDS

A.

In General: The base tier development standards allow mid-rise development subject to review and approval by the Development Services Department provided the project earns adequate height and floor area through the provision of specified community benefits.

B.

Site Development Standards: Table 10.312 shows the mid-rise site development standards that shall apply in the HDDZ:

Table 10.312 Mid-rise Site Development Standards by Character Area
	Gateway	Seawall East	Seawall A	Seawall B	Seawall West	Seawall W. to 11 Mile Road
Floor Area Ratio (max.)	2.0	2.5	2.5	2.5	2.0	1.5
Lot Coverage (max.)	65%	75%	75%	75%	65%	50%
Improved Public Open Space (min.)	15%	8%	8%	8%	15%	20%
Height
Not in Transition Area
Flat Roof (max. parapet height)	90 feet	90 feet	90 feet	90 feet	90 feet	90 feet
Sloped Roof (max. roof peak height)	105 feet	105 feet	105 feet	105 feet	105 feet	105 feet
Number of Habitable Floors (max.)	8 stories	8 stories	8 stories	8 stories	8 stories	8 stories
Transition Area 1a (max.)	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	45 feet or 3 stories
Transition Area 1b (max.)	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories	70 feet or 5 stories
Transition Area 2 (max.)	—	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	35 feet or 3 stories	—
Transition Area 3 (max.)	25 feet or 2 stories	—	—	—	—	—

 

Special Transition Area height limits are not applicable when rows are columns are marked —

 See paragraph (f) subsection (3)c. above for description of transition areas.

 Any height above 90 feet shall be contained in a sloping roof structure not including the special height exception for penthouse building elements as described below.

 Special height exception for penthouse building elements: Up to 20 percent of the area of the building floor plate at the 90 foot height limit for a flat-roofed structure may rise an additional one or two-stories to a maximum height of 110 feet at the parapet of a flat roof or 120 feet at the peak of a sloped roof. The standard flat and sloped roof height limits in the table above will apply to the remaining 80 percent of the building floor plate.

C.

Improved Public Open Space: The improved public open space requirement replaces any requirement for Usable Open Space.

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.313   COMPENSATING COMMUNITY BENEFITS

A.

Benefits Required: In order for a project to earn the right to either height or floor area that exceeds the standards for the Base Tier, compensating benefits to the community must be provided. A balance of the community's interest in reduced height with the applicant's interest in achieving a financially feasible, marketable project is defined in the tables below. All community benefit are encouraged to be on-site and within the affected area, and can be considered off-site through the approval process. Community Benefits must be completed within two years from the date of approval.

B.

Description of Community Benefits:

1.

Inclusionary Housing. Creation of housing units that meet the City definition of affordable or workforce housing units. Such units may be established in any of the following ways in order of preference:

a.

On-site within the project;

b.

Off-site through renovation of existing housing stock subject to permanent restriction for use as an affordable or workforce housing unit;

c.

Off-site through creation of new infill housing stock subject to permanent restriction for use as an affordable or workforce housing unit; or

d.

Off-site through creation of new greenfield housing stock subject to permanent restriction for use as an affordable or workforce housing unit.

e.

All inclusionary housing will be governed by a separate Inclusionary Housing Requirement Policy in a form yet to be determined.

2.

Natural Resource Protection. Permanent protection of conservation areas on Galveston Island may be achieved through transfer of development rights to the City, the County, or an established land trust of conservation organization. Perpetual maintenance of the natural resource area must be accomplished at no cost to the City.

3.

Natural Resource Protection Beach Renourishment. Project or funding for beach replenishment. Minimum dimension of 350 linear feet engineered in accordance with state and federal standards.

4.

Hotel. A hotel available for overnight stays by the general public. The hotel may be incorporated into a building containing residential or other uses.

5.

Parking Space (Public). A parking space dedicated for use by the public within a private enclosed parking structure.

6.

Parking Space (Beach Access). A parking space dedicated for use by the general public with accessible pedestrian access to a public beach area on the Gulf of Mexico.

7.

Public Boat Launch. A designated public boat launch that provides access to the Gulf of Mexico, English Bayou, Offats Bayou, and/or Galveston Bay.

8.

Public Park or Plaza. A public park or plaza meeting the requirements contained in the Height and Density Development Plan and Design Guidelines.

9.

Public Restrooms. Restrooms that are open free of charge to the general public from dawn to dusk.

10.

Public Trail or Path. A public trail or path meeting the requirements contained in the Height and Density Development Plan and Design Guidelines.

11.

Public Transit Stop. An improved transit stop providing both seating and shade acceptable to Island Transit.

C.

Initial Community Benefit Increment. The applicant shall apply the benefit from Table 10.313A to earn their initial increment of additional floor area or height (stories). When the maximum additional increment for all of the categories in this table have been earned, the applicant may use the secondary community benefits in the table in subsection D, below.

Table 10.313A Initial Community Benefit by Character Area
	Gateway	Seawall East	Seawall A	Seawall B	Seawall West	Seawall W. to 11 Mile Road
Inclusionary Affordable Housing Units
FAR Increment per On-Site Unit	0.05	0.05	0.05	0.05	0.05	0.05
FAR Increment per Off-Site Unit	0.0625	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR	0.25	0.25	0.25	0.25	0.25	0.25
Inclusionary Workforce Housing Units
FAR Increment per On-Site Unit	0.05	0.05	0.05	0.05	0.05	0.05
FAR Increment per Off-Site Unit	0.0625	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR	0.25	0.25	0.25	0.25	0.25	0.25
Natural Resource Preservation
FAR Increment per acre	0.05	—	—	—	0.05	0.05
Maximum Additional FAR	0.25				0.25	0.25
Natural Resource Beach Renourishment
FAR Increment per 350 linear feet of beach	—	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR		0.25	0.25	0.25	0.25	0.25

 

D.

Secondary Community Benefits: The applicant shall apply the benefit from Table 10.313B to earn additional secondary floor area or height (stories) only after the maximum initial community benefit increment in subsection C, above, has been earned.

Table 10.313B Secondary Community Benefit by Character Area
	Gateway	Seawall East	Seawall A	Seawall B	Seawall West	Seawall W. to 11 Mile Road
Hotel
FAR Increment per 10 Rooms	—	0.0625	0.0625	0.0625	0.0625	—
Maximum Additional FAR		0.25	0.25	0.25	0.25
Parking Spaces (Public)
FAR Increment per 10 Spaces	—	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR		0.25	0.25	0.25	0.25	0.25
Parking Spaces (Beach Access)
FAR Increment per Space	—	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR		0.25	0.25	0.25	0.25	0.25
Public Boat Launch
FAR Increment	0.125	—	—	—	—	0.125
Maximum Additional FAR	0.125	—	—	—	—	0.125
Public Park or Plaza (above min. open space req.)
FAR Increment per 1,000 sf	0.0625	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR	0.125	0.25	0.25	0.25	0.25	0.25
Public Restrooms
FAR Increment per Facility	—	0.0625	0.0625	0.0625	0.0625	—
Maximum Additional FAR		0.0625	0.0625	0.0625	0.0625
Public Trail or Path
FAR Increment	0.0625	0.125	0.125	0.125	0.125	0.125
Maximum Additional FAR	0.0625	0.125	0.125	0.125	0.25	0.25
Transit Stop (Improved)
FAR Increment per Stop	0.0625	0.0625	0.0625	0.0625	0.0625	0.0625
Maximum Additional FAR	0.0625	0.0625	0.0625	0.0625	0.0625	0.0625

 

 Public parking spaces must be provided in parking structures to earn floor area increments.

 Improved transit stops are to include a permanent shade structure and seating area and must be located at an existing or planned transit stop.

( Ord. No. 18-037, § 2, 6-21-18 )

SEC. 10.314   ADMINISTRATION

A.

Design Review and Approval. City staff reviews all development for compliance with this ordinance and other applicable sections of the City Code and Zoning Standards. Final review and approval for each tier of development is provided as follows:

1.

Very Low-rise, Low-rise and Mid-rise Development:

a.

City staff shall review and approve all low-rise development that does not include additional floor area beyond that allowed in the Base Tier.

b.

City staff shall review all low-rise development to ensure it meets the requirements of this Section, other applicable sections of the City Code and Zoning Standards, and is consistent with the Height and Density Development Plan and Design Guidelines.

c.

Where very low-rise, low-rise, and mid-rise development includes additional floor area in trade for compensating community benefits, it shall be reviewed as though it were mid-rise development by the Planning Commission.

B.

Pre-Development Meeting. A pre-development meeting with the City staff is highly recommended prior to submission of an application for approval of any development in the HDDZ. The applicant is also encouraged to meet and discuss the proposed project with adjacent neighborhoods and/or business interests. A pre-development meeting is neither an application for approval of a plan or plat nor does it constitute a permit application or other type of development approval. A pre-development meeting does not vest any rights with regard to the development of the subject property.

C.

Design Guidelines. The Planning Commission shall adopt and amend Height and Density Development Plan and Design Guidelines to be used by staff and the Commission for the review of projects within the HDDZ as required.

D.

Unity of Title Required. Each project site must be under single ownership at the time of application. Development of sites that include additional floor area in trade for compensating community benefits shall not be further subdivided into additional parcels following approval (this provision is not intended to restrict the ability to create a project under condominium, cooperative, or other unsubdivided regimes). Where subdivision is permitted, it shall occur concurrent with review under this Section.

E.

Appeals. All appeals of final City staff and/or Planning Commission decisions shall be taken to the Zoning Board of Adjustment. Appeals of final decisions of the Zoning Board of Adjustment shall be taken to a court of competent jurisdiction.

( Ord. No. 18-037, § 2, 6-21-18 )