City Council Planning and Development Division City of Galveston August 27, 2015

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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

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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 45thSt. 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.

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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.

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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.

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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;

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7. The proposed project must comply with all signage requirements perArticle 5 of the Land Development Regulations;

8. The proposed project must comply with all lighting requirements per Article7 of the Land Development Regulations;

9. The proposed project must comply with all parking requirements per Article8 of the Land Development Regulations;

10. The development shall adhere to all landscaping requirements per Article 9of the Land Development Regulations; and,

11. The applicant shall submit for approval all plans to the DevelopmentServices 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,

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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

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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.

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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