§ 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 )

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 )