[00:00:01]
COMMISSIONERS WE'LL CALL THIS MEETING THIS OCTOBER 5TH MEETING OF THE PLANNING[1. Call Meeting To Order]
COMMISSION TO ORDER AT 3:31 P.M.I'D LIKE TO WELCOME OUR TWO NEW COMMISSIONERS WITH US.
WE HAVE COMMISSIONER DAVID FINKLEA.
AND COMMISSIONERS IT IS DAVID FINKLEA, EVEN THOUGH HE HAS AN A AT THE END, IT IS SILENT.
I'M TELLING MYSELF THAT, SO I WILL REMEMBER.
AND STAN HUMPHREY, SO WELCOME TO YOU BOTH.
WE'RE GLAD TO HAVE YOU ABOARD.
AND WE WILL JUST REMEMBER COMMISSIONERS THAT WE'LL OBSERVE USUAL ZOOM RULES.
IF YOU'RE NOT SPEAKING, KEEP YOUR MIC MUTED.
AND WHEN YOU WANT TO TALK, PLEASE RAISE YOUR HAND.
WE ARE BEING RECORDED, SO IT'S EASY TO SO WE DON'T GET RECORDED OVER EACH OTHER, SO WE JUST TAKE TURNS THAT WAY.
[2. Attendance]
LET'S SEE.AND NOW WE'LL TAKE ATTENDANCE, PLEASE.
COMMISSIONER EDWARDS IS ABSENT.
AND ON THE STAFF SIDE, WE HAVE EXECUTIVE DIRECTOR TIM TIETJENS, ASSISTANT DIRECTOR CATHERINE GORMAN, COASTAL RESOURCES MANAGER BRENDON HILL, MYSELF, PATRICK COLLINS, THE PLANNING TECH.
DONNA FAIRWEATHER, THE ASSISTANT CITY ATTORNEY.
AND ALSO JOINING US IS OUR NEW ASSISTANT COASTAL RESOURCES MANAGER, RUSSELL.
WE'LL BE ALL HAPPY TO MEET YOU AND HEAR FROM YOU.
SO COMMISSIONERS, DOES ANYONE HAVE A CONFLICT OF INTEREST TODAY? SEEING NONE.
MS. GORMAN, WOULD YOU LIKE TO HANDLE THE MEETING FORMAT, PLEASE?
[4. Meeting Format (Staff)]
JUST OUR STANDARD REMINDERS, THE CHAIRPERSON JUST MENTIONED A COUPLE OF THEM.WE RECOMMEND THAT YOU WATCH THE MEETING IN GALLERY VIEW.
IT'S HOW IT'S SHOWN TO THE PUBLIC AND YOU CAN SEE ALL OF YOUR COMMISSIONERS AT THE SAME TIME.
IT'S BEST TO KEEP YOUR MICROPHONE MUTED UNLESS YOU'RE SPEAKING TO CUT DOWN ON BACKGROUND NOISE.
WE ASK THAT YOU PHYSICALLY RAISE YOUR HAND TO GET THE CHAIR'S ATTENTION BEFORE SPEAKING OR MAKING A MOTION.
WE'LL BE TAKING THE VOTES BY ROLL CALL AND THEN THE MEMBERS OF THE PUBLIC WHO ARE PARTICIPATING WILL ASK THAT YOU USE THE RAISE HAND FUNCTION AT THE BOTTOM OF THE SCREEN, AND ONCE YOU DO THAT, YOU'LL INDICATE THAT YOU WANT TO ADDRESS THE COMMISSION AND THEN YOU'LL BE UNMUTED.
[5. Election Of Chairperson And Vice-Chairperson]
NOW WE'LL MOVE ON TO AGENDA ITEM NUMBER FIVE ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON .COMMISSION, I BELIEVE YOU WERE ALL SENT THE ELECTION CRITERIA AND THE ORDER IN WHICH WE'LL DO THAT.
THAT WAS SENT TO YOU BY MR. COLLINS EARLIER IN THE WEEK.
IN ORDER TO BE ELIGIBLE FOR CHAIR OR VICE CHAIR YOU HAVE TO HAVE BEEN A REGULAR MEMBER OF THE COMMISSION FOR AT LEAST A FULL YEAR.
AND THAT MEANS THAT BOB BROWN, RUSTY WALLA AND I ARE THE ONLY ONES WHO ARE ELIGIBLE.
STEVEN PEñA AND REJONE ARE NOT HAVE NOT BEEN ON A FULL YEAR.
STEVEN, YOU'RE CLOSE, BUT NOT QUITE THERE YET.
SO I WILL NOW OPEN NOMINATIONS FOR CHAIRPERSON VICE CHAIR.
ARE THERE ANY OTHER NOMINATIONS FOR CHAIR.
COMMISSIONER WALLA? NO, I WAS JUST GOING TO SECOND BOB'S [INAUDIBLE].
RUSTY, I'M GOING TO ASK THREE TIMES FOR FURTHER NOMINATIONS JUST TO MAKE SURE THERE ARE ANY NOMINATIONS.
AND THEN WHEN WE ASK FOR THE MOTION, THEN WE'LL SECOND THE NOMINATIONS.
DO YOU HAVE TO ACCEPT THE NOMINATION, JEFFREY.
I WON'T BE LIKE LBJ THIS TIME.
[LAUGHTER] SO, YES, I WILL AGREE TO SERVE.
SO ARE THERE ANY ANY FURTHER NOMINATIONS FURTHER NOMINATIONS, FURTHER NOMINATIONS?
[00:05:01]
SO WITHOUT OBJECTION, WE WILL CLOSE NOMINATIONS.SO NOW I WILL ENTERTAIN A MOTION THAT WE HOLD THE ELECTION FOR CHAIR.
DO I HAVE A MOTION? YES, COMMISSIONER WALLA.
I MAKE A MOTION THAT WE HAVE AN ELECTION FOR THE UPCOMING POSITION OF CHAIRPERSON.
DO WE HAVE A SECOND FOR THAT MOTION? COMMISSIONER PEñA IS THE SECOND.
SO NOW WE WILL HAVE A VOTE ON CHAIRPERSON FOR THE COMING YEAR AND WE'VE GOT ONE NOMINEE.
SO MR. COLLINS, WE NEED TO HAVE A VOTE.
ALL IN FAVOR OF THE MOTION PASSES.
OK, SO NOW LET'S GO THROUGH THE SAME PROCESS FOR VICE CHAIR.
DO WE HAVE ANY NOMINATIONS FOR VICE CHAIR.
COMMISSIONER PEñA? [INAUDIBLE] I'D LIKE TO NOMINATE BOB BROWN FOR VICE CHAIR.
ARE YOU WILLING TO SERVE VICE CHAIR BROWN? YES, I AM.
FURTHER NOMINATIONS OR FURTHER NOMINATIONS.
WITHOUT OBJECTION, DO I HAVE? WELL, THE NOMINATIONS WILL CEASE, SO NOW I WILL ENTERTAIN A MOTION THAT WE HOLD THE ELECTION FOR VICE CHAIR.
DO I HAVE A MOTION? COMMISSIONER PEñA.
I MOVE THAT WE CALL THE VOTE FOR VICE CHAIR.
OK, DO I HAVE A SECOND? I'LL SECOND.
OK, LET'S HAVE THE VOTE, PLEASE, MR. COLLINS.
ALL IN FAVOR OF THE MOTION PASSES.
THANK YOU VERY MUCH, SO COMMISSIONERS, WE HAVE A CHAIR AND A VICE CHAIR FOR THE COMING YEAR.
MOVING ON, WE'LL MOVE TO THE MINUTES OF THE SEPTEMBER 21ST MEETING.
[6. Approval Of Minutes A. September 21, 2021]
MR. COLLINS.I BELIEVE YOU HAD ONE CHANGE ALREADY THAT YOU WANTED TO MENTION.
PATRICK? THAT'S CORRECT, I DID MAKE ONE AMENDMENT.
IT'S ESCAPING ME WHAT IT WAS THAT I CHANGED, BUT IT HAS BEEN AMENDED.
I THINK IT WAS A NOTATION ABOUT A CASE WHERE I CAME AND WENT, WHERE BOB BROWN CHAIRED THE CASE.
YES, I NOTED WHEN YOU LEFT AND RETURNED FROM YOUR ABSENCE.
COMMISSIONERS, ANY OTHER CHANGES ADDITIONS CORRECTIONS TO THE MINUTES OF THE 9-21 MEETING.
SEEING NONE THOSE MINUTES ARE ACCEPTED AS AMENDED BY MR. COLLINS.
[7. Public Comment]
ANY PUBLIC COMMENTS FROM MEMBERS OF THE PUBLIC? THESE CAN BE ON AN AGENDA OR NON AGENDA ITEMS. WE ACCEPT PUBLIC COMMENT.ALL YOU HAVE TO DO IS HIT THE RAISE HAND FEATURE OR WE ACCEPTED PUBLIC COMMENT IN WRITING.
WE HAVE NOT RECEIVED ANY WRITTEN PUBLIC COMMENT.
WE HAVE A MEMBER OF THE PUBLIC WHO HAS RAISED THEIR HAND.
AND NOW YOU SHOULD BE ABLE TO ADDRESS THE COMMISSION.
HELLO, MY NAME IS CODY SCHNEIDER.
I APPRECIATE THE COMMISSION TAKING TIME TO ALLOW ME TO PROVIDE A PUBLIC COMMENT.
I ACTUALLY BELIEVE THAT THERE MIGHT HAVE BEEN A WRITTEN PUBLIC COMMENT
[00:10:03]
PROVIDED ABOUT AN HOUR AND A HALF BEFORE OUR HOUR AND A HALF BEFORE THE MEETING BY BETSY SCHNEIDER, SHE IS ACTUALLY THE HOMEOWNER OF THE PROPERTY I WANTED TO DISCUSS TODAY IN RELATION TO THE NEW BUSINESS AND ASSOCIATED PUBLIC HEARINGS FOR THE BEACHFRONT CONSTRUCTION CERTIFICATE AND DUNE PROTECTION PERMIT ON THE AGENDA WITH THE MR. SCHNEIDER, IF YOU'D LIKE, YOU CAN MAKE YOUR COMMENT NOW OR WE WILL CALL FOR A PUBLIC HEARING DURING THAT CASE.IF YOU WOULD LIKE TO MAKE YOUR COMMENT NOW OR YOU MAY MAKE IT LATER, IT'S TOTALLY UP TO YOU, SIR.
I'LL MAKE IT NOW JUST TO BE HOPEFULLY EFFICIENT FOR THE COMMISSION AND ALLOW IT TO BE ON THE RECORD.
OKAY SIR YOU HAVE THREE MINUTES AND WE'LL START YOUR THREE MINUTES NOW.
WITH RESPECT TO THE PERMITS, THE PERMITS BEING ON APPLICATION TODAY FOR THE PROPERTY AT 2310.
I'M SORRY 23110 GULF DRIVE GALVESTON, TEXAS ZIP CODE 77554.
THE HOMEOWNER THAT IS IN A PROPERTY BEFORE THAT COULD BE PROPERTY TWENTY ONE, I BELIEVE, WHICH IS THE MORE COMMONLY KNOWN AS 23111 GULF DRIVE GALVESTON, TEXAS ZIP CODE 77554 WOULD LIKE TO PROVIDE A PROTEST TO THAT PERMIT AND APPLICATION.
AS THE COMMISSION IS WELL AWARE, THE PROPOSED CONSTRUCTION WITHIN THE DUNE CONSERVATION AREA IS PROHIBITED WITHOUT AN EXEMPTION.
THE COMMISSION SHOULD NOT PROVIDE AN EXEMPTION AT THIS TIME FOR THIS PROPOSED CONSTRUCTION.
FIRST OFF, IT SHOULDN'T PROVIDE THE EXEMPTION AT ALL, BUT I WILL PROVIDE THE BASIS WHY IT SHOULD NOT PROVIDE THE EXEMPTION AT THIS TIME.
FIRST AND FOREMOST, IF THE COMMISSION WILL LOOK AT AND I'LL JUST REFER TO IT AS EXHIBIT B, THE TOPOGRAPHIC SURVEYS AND MITIGATION PLAN.
AS THE COMMISSION WILL NOTICE THAT A AMPERSAND M WETLAND CONSULTING SERVICES LLC ISSUED THIS.
I'LL REFER TO IT AS THE MITIGATION PLAN ON SEPTEMBER 9TH, JUST THE DAY AFTER TROPICAL STORM NICHOLAS.
NOW, THE ACTUAL RESIDENTS OF THIS COMMISSION AS WELL KNOW WASN'T ABLE TO FAIRLY APPRECIATE OR ANALYZE THE DAMAGE TO THEIR PROPERTIES ON THE DAY FOLLOWING TROPICAL STORM NICHOLAS OCCURRING, LET ALONE A&M TO BE ABLE TO ADDRESS AND ANALYZE THE POTENTIAL EFFECT THAT TROPICAL STORM MAY HAVE HAD ON THE DUNES AND TOPOGRAPHICAL AREAS TO THE PROPERTIES AT ISSUE HERE.
AS THE COMMISSION WILL LIKELY ALSO NOTICE IF IT TURNS TO PAGE FOUR OF THAT EXHIBIT B, THE TYPOGRAPHIC SURVEY AND MITIGATION PLAN, IT PROVIDES A TIMELINE FOR THIS MITIGATION PLAN BEGINNING ON AUGUST 16, 2021.
AND AS THIS CAN CLEARLY SEE THERE, BASICALLY I'LL SUMMARIZE HERE AND PARAPHRASE.
TALKING ABOUT TAKING THE DUNES AND THE TYPOGRAPHIC AREAS FROM ONE LOCATION AND SHIPPING IT TO ANOTHER.
SO MAYBE, PERHAPS BACK IN JULY 27, 2021, THERE WAS ENOUGH OF THE NATURAL RESOURCES THERE TO PROVIDE THAT TYPE OF MITIGATION PLAN.
BUT IF THE COMMISSION LOOKS AT, I'LL REFER TO IT AS EXHIBIT D, THE SITE PHOTOS AND COMPARED THOSE WITH THE SITE PHOTOS FROM JULY 27TH.
IT IS ABUNDANTLY CLEAR THAT THAT IS NOT THE SAME STRUCTURES OF DUNES AT THAT LOCATION ANY LONGER.
TROPICAL STORM NICHOLAS DECIMATED THAT AREA ALONG WITH THE PROPERTIES OVER IN THAT AREA, SO THIS COMMISSION SHOULD AT LEAST DENY THIS PERMIT AT THIS TIME.
REQUIRE ANOTHER TOPOGRAPHIC SURVEY AND MITIGATION PLAN IS TO BE DEVELOPED FOR THE PROPOSED CONSTRUCTION OF THIS SITE.
AND AFTER THAT, THEN DECIDE WHETHER TO GRANT AN EXEMPTION FOR THE PROPOSED CONSTRUCTION WITHIN THE DUNE CONSERVATION AREA.
BUT IN GENERAL, I JUST WANT TO MENTION THAT THE PLAN DOESN'T ADEQUATELY TAKE INTO ACCOUNT THE HIGH TIDES IN THAT AREA THAT ARE NORMALLY EXPERIENCED, AS SHOWN IN THE ACTUAL AERIAL MAPS, WHICH I'LL JUST REFER TO AS EXHIBIT A AND CONFIRMED BY THE GENERAL LAND OFFICE.
THAT SHOWS THAT THAT FRONT AREA WHERE THEY'RE PLANNING TO PROPOSE THESE DUNES IS ERODING AT ABOUT ONE TO TWO FEET A YEAR.
IN ADDITION, I DON'T BELIEVE THAT THIS MITIGATION PLAN AND THIS TOPOGRAPHIC SURVEY PROPERLY ADDRESSED THE LIKELY FLOODING, LIKELY EROSION AND RUNOFF OF THE NEIGHBORS AND NATURAL HABITAT AROUND THAT AREA.
I CERTAINLY APPRECIATE YOUR COMMENT.
AND WE WILL TAKE ALL OF THAT INTO ACCOUNT, I CAN ASSURE YOU.
THANK YOU, MR. SCHNEIDER, AND I APPRECIATE YOU TAKING THE TIME TO BE WITH US TODAY.
THANK YOU I APPRECIATE YOUR TIME COMMISSION? IS THERE FURTHER PUBLIC COMMENT, CATHERINE, FROM ANYONE ELSE?
[00:15:05]
OH, YES, JANELLE WILLIAMS, THE CITY SECRETARY, HAS JUST BROUGHT US AN ADDITIONAL PUBLIC COMMENT FROM BETSY SCHNEIDER.IT READS I PROTEST THE PROPOSED CONSTRUCTION APPLICATION FOR 23110 GULF DRIVE, GALVESTON, TEXAS SEVEN SEVEN FIVE FIVE FOUR.
I'M THE OWNER OF 23111 GULF DRIVE, GALVESTON, TEXAS SEVEN SEVEN FIVE FIVE FOUR.
AND FROM MY PERSONAL EXPERIENCE DEVELOPED SINCE PURCHASING THE HOME, HAVE SEEN THE PROTECTION PROVIDED BY THE DUNES IN THE AREA OF PROPOSED CONSTRUCTION.
I BELIEVE THIS PROPOSED CONSTRUCTION POSES SIGNIFICANT RISK OF HARM TO THE DUNES, NATURAL HABITATS AND HOMES ALREADY IN THE AREA.
THERE HAS ALREADY BEEN A MAJOR IMPACT ON THE AREA FROM TROPICAL STORM NICHOLAS.
THANKS FOR READING THAT INTO THE RECORD.
ANY OTHER PUBLIC COMMENT? ANYBODY ELSE WHO WISHES TO ADDRESS THE COMMISSION IF THEY'LL USE THE RAISE HAND FUNCTION? SEEING, NONE.
[8.A.1 21P-052 (23110 Gulf Dr.) Request For A Beachfront Construction Certificate/Dune Protection Permit In Order To Construct A Single-Family Dwelling, Fibercrete Slab And Associated Dune Mitigation Project. The Legal Description Of The Property Is Abstract 121 Page 12 Lot 14 Terramar Beach Section 5 Applicant: Darel Seymour Property Owner: Darel Seymour]
NOW WE'LL MOVE ON TO AGENDA ITEM NUMBER EIGHT, WHICH IS NEW BUSINESS.WE'LL START WITH A ONE BEACHFRONT CONSTRUCTION CERTIFICATE DUNE PROTECTION PERMIT 21P -052.
HELLO COMMISSIONERS, THIS IS BRANDON HILL JUST CONFIRMING THAT EVERYBODY CAN HEAR ME.
THANK YOU ALL FOR YOUR THUMBS UP.
THANK YOU, GUYS SO MUCH FOR YOUR TIME TODAY.
THERE HAS BEEN SOME DISCUSSION PRIOR TO THE MEETING REGARDING THE STAFF REPORT ATTACHED TO THE CITIZENS APPLICATION FOR THE BEACHFRONT CONSTRUCTION CERTIFICATE DUNE PROTECTION PERMIT THAT IS BEING CONSIDERED.
I HOPE THAT THE TIME ALLOTTED AT THIS MEETING WILL PROVIDE EVERYONE WITH THE OPPORTUNITY TO ADDRESS ANY QUESTIONS OR CONCERNS WHICH THEY MAY HAVE.
THIS IS A REQUEST FOR THE CONSTRUCTION OF A SINGLE FAMILY DWELLING WITH A FIBERCRETE SLAB IN THE ASSOCIATED DUNE MITIGATION PROJECT.
THE ADDRESS IS 23110 GULF DRIVE.
THE LEGAL DESCRIPTION OF THE PROPERTY IS ABSTRACT 121 PAGE 12 LOT 14 TERRAMAR BEACH SECTION 5 THE SUBJECT SITE IS LOCATED IN THE TERRAMAR BEACH SUBDIVISION.
SINGLE FAMILY DWELLINGS ARE LOCATED TO THE NORTH, EAST AND WEST.
A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.
ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY.
THIS AREA IS ERODING AT A RATE OF TWO FEET PER YEAR.
THE PROPOSED CONSTRUCTION OF THE SINGLE FAMILY DWELLING WITH A FIBERCRETE FOOTPRINT BENEATH THE HABITABLE STRUCTURE IS APPROXIMATELY THREE FEET FROM THE NORTH TOE OF THE CRITICAL DUNE AREA AND 38 FEET FROM THE LINE OF VEGETATION.
THIS IS SEAWARD OF THE DUNE PROTECTION LINE AND WITHIN THE PLANNING COMMISSION REVIEW AREA.
SEAWARD OF DUNES AND DUNE VEGETATION.
THEREFORE, APPROPRIATE MITIGATION ACTIVITIES ARE PROPOSED.
UPON CONSIDERATION OF ALL PERTINENT COMPONENTS OF CHAPTER 29 PLANNING, BEACH ACCESS, DUNE PROTECTION AND BEACH FRONT CONSTRUCTION.
THE GLO'S COMMENTS RECEIVED IN THE COURSE OF CONSIDERING THIS PROPOSED CONSTRUCTION STAFF RECOMMENDS THE APPROVAL OF THE APPLICATION WITH CONDITIONS AND THE EXEMPTION OF THIS PROPOSED CONSTRUCTION FROM THE PROHIBITION ON CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA.
EXEMPTIONS CAN BE GRANTED IN THIS INSTANCE FOR PROPERTIES FOR WHICH THE OWNER HAS DEMONSTRATED TO THE SATISFACTION OF THE CITY THAT THERE IS NO PRACTICABLE ALTERNATIVE TO CONSTRUCTION WITHIN OR SEAWARD OF THE DUNE CONSERVATION AREA.
IN DETERMINING WHAT IS PRACTICABLE, THE CITY SHALL CONSIDER WHETHER AN ACTION, TECHNOLOGY OR TECHNIQUE IS COMMERCIALLY AVAILABLE AND CAPABLE OF BEING DONE AFTER TAKING INTO CONSIDERATION EXISTING BUILDING PRACTICES, EFFECTIVENESS, SCIENTIFIC FEASIBILITY, SITING ALTERNATIVES AND THE FOOTPRINT OF THE STRUCTURE IN RELATION TO THE AREA OF THE BUILDING PORTION OF THE LOT AND CONSIDERING THE OVERALL DEVELOPMENT PLAN FOR THE PROPERTY.
THE PARTIAL FIBERCRETE SLAB IS CONFINED TO THE PORTION LANDWARD OF THE 25 FOOT OFFSET OF THE NORTH TOE OF THE DUNE, SHOWING THAT STEPS WERE TAKEN TO MINIMIZE ITS
[00:20:02]
FOOTPRINT AND UTILIZE ONLY PILINGS FROM THE TERMINUS OF THE SLAB TO THE THREE FOOT LANDWARD OF THE NORTH TOE OF THE DUNE.THE PROPOSED CONSTRUCTION IS NOT BUILT OUT TO THE BUILDING LINES SHOWN ON THE LOT AND AS AS FAR LANDWARD AS POSSIBLE, INDICATING THAT THE APPLICANT HAS TAKEN INTO ACCOUNT SITING ALTERNATIVES.
STAFF FINDS THAT THE REQUEST CONFORMS TO THE CITY OF GALVESTON, DUNE PROTECTION AND BEACH ACCESS PLAN AND EROSION RESPONSE PLAN, HAVING INCLUDED APPROPRIATE MITIGATION STRATEGIES AND ALLOWANCE FOR PUBLIC ACCESS WITHIN A POTENTIAL PRESCRIPTIVE EASEMENT.
THE RELOCATION OF A QUANTITY OF SAND AND THE SITE VEGETATION WILL TIE INTO AN EXISTING DUNE CREST TO THE EAST AND SERVE TO BOLSTER A CURRENTLY WEAKENED AREA.
PAGES ONE THROUGH TWO OF THE STAFF REPORT SUMMARIZE THE APPLICANT'S PROPOSED CONSTRUCTION.
THE REQUEST CONFORMS TO THE CITY OF GALVESTON'S DUNE PROTECTION AND BEACH ACCESS PLAN AND EROSION RESPONSE PLAN.
PLEASE SEE ATTACHMENT C FOR THE PROPOSED DRAWINGS.
THE PROPOSED CONSTRUCTION IS LOCATED AS FAR LANDWARD AS PRACTICABLE, CONFORMING TO THE CITY OF GALVESTON EROSION RESPONSE PLAN IN SECTION FIVE AND CHAPTER 31 OF THE TEXAS ADMINISTRATIVE CODE RULE 15.6 B.
STAFF RECOMMENDS CONDITIONS OF APPROVAL FOR CASE 21P052 AND WILL INCLUDE THE GLOS COMMENT LETTER WITH THE ACTION LETTER, WHICH SERVES AS A BEACHFRONT CONSTRUCTION CERTIFICATE IN DUNE PROTECTION PERMIT STAFF REPORT PAGES TWO THROUGH THREE LISTS THE CONDITIONS OF APPROVAL.
SPECIFIC CONDITIONS ARE NUMBERED ONE THROUGH THREE AND STANDARD CONDITIONS FOR A BEACHFRONT CONSTRUCTION CERTIFICATE AND DUNE PROTECTION PERMIT ARE NUMBERED.
FOUR THROUGH 17 STAFF HAS PREPARED, SOME PHOTOS AND A FEW SLIDES OF THE SUBJECT PROPERTY FOR YOUR REVIEW.
ON THIS PAGE, I SHOW THE GENERAL OVERVIEW OF THE PROPERTY ITSELF, AS WELL AS THE BEG MAP SHOWING THE EROSION RATE AT TWO FEET PER YEAR.
THIS IS THE FIRM MAP IDENTIFYING THE THE ZONE IN WHICH IT LIES.
THESE TWO DRAWINGS ARE ONES THAT I WANTED TO MAKE SURE WE'RE ACCESSIBLE FOR EVERYONE IN THE SLIDESHOW AS THEY MAY COME IN HANDY DURING FURTHER DISCUSSION ON THE PROPERTY.
ON THE LEFT, YOU CAN SEE THE SITE PLAN SHOWING THE PROPERTY ITSELF, AS SHOWN WITHIN THE MITIGATION PLAN THAT WAS PROVIDED BY THE APPLICANT.
THAT SHOWS BOTH A 25 FOOT OFFSET FROM THE NORTH TOE OF THE DUNE, AS WELL AS THE NORTH TOE OF THE DUNE AS DETERMINED BY A&M WETLANDS.
YOU CAN ALSO SEE THE BUILDING LINES COMPARED TO THE PROPOSED PROPERTY, AS WELL AS THE UNIMPROVED PARKING AREA OF THE DUNE MITIGATION AREA AND THE FIBERCRETE LOCATIONS.
ON THE RIGHT YOU CAN SEE THE SAME THING WITH AN AERIAL ADDED SO THAT YOU CAN SEE WHERE ON THE LOT THIS IS GOING TO PROPOSE TO RESIDE.
HERE I AM SHOWING THE TOPOGRAPHICAL MAP, WHERE YOU CAN SEE THE ISO LINES THAT INDICATE THE TOPOGRAPHY OF THE DUNE THAT IS TO BE CREATED, TYING INTO THE EXISTING DUNE TO THE EAST AND FILLING IN A AREA THAT IS CURRENTLY WEAKENED.
I'M ALSO SHOWING THE PROPOSED WALKOVER, WHICH WOULD ALLOW FOR MINIMIZED IMPACT TO THE DUNE IN FRONT OF THIS HOME IN THE LONG RUN, AS IT WOULD GET PEDESTRIAN FOOT TRAFFIC UP AND OVER THE DUNES WITHOUT IMPACTING IT.
HERE ARE SOME PHOTOS SHOWING THE AREA FACING SOUTH FROM THE PROPERTY LINE.
PLEASE NOTE THE DATE WITH REGARDS TO THIS WAS TAKEN AFTER HURRICANE NICHOLAS.
YOU CAN SEE ON THE LEFT A FOOTPATH COMING FROM ONE OF THE PROPERTIES NORTH OF THE SITE IN QUESTION.
ACCESSING THE BEACH THROUGH THE VEGETATION AND SAME THING ON THE RIGHT COMING FROM THE RIGHT OF WAY.
ON THE LEFT, YOU CAN SEE THE PROPERTY, THE SUBJECT PROPERTY FROM THE LINE OF VEGETATION, SHOWING THE IMPACT THAT OCCURRED TO THE DUNES IN THE AREA AFTER NICHOLAS.
AND YOU CAN SEE TO THE LEFT PORTION OF THAT, THE AREA WHERE DUNE MITIGATION IS PROPOSED TO FILL IN THAT LOW SPOT.
TO THE RIGHT OF THE PAGE, YOU CAN SEE THE ANGLE OF THE PROPERTY, AS WELL AS THE DUNES THAT ARE IN THE FOREGROUND AND THE VEGETATION AND TOPOGRAPHY OF
[00:25:01]
THE BACKGROUND.HERE YOU CAN SEE THE PROPERTY FROM FACING EAST ON THE LEFT AND FACING WEST ON THE RIGHT WITH REGARDS TO THE PROPERTY ITSELF.
THIS SLIDE, I ADDED TO ADDRESS ANY QUESTIONS THAT THERE MIGHT BE REGARDING HURRICANE NICHOLAS IMPACTS ON CONDITIONS.
YOU CAN SEE THAT SOME PREEXISTING FOOTPATHS FROM THE NEIGHBORING PROPERTIES EXPERIENCED MINOR EROSION DUE TO THE WATER FLOW IN BOTH THE PICTURES ON THE LEFT SIDE.
YOU CAN ALSO SEE THAT THE VEGETATION ON THE BERM, THE PRIMARY DUNE BERM, HAS EXPERIENCED SOME TEMPORARY DIEBACK.
WE OFTEN SEE THIS WITH EVEN BEACH VEGETATION, AS IT'S NOT NATURALLY A HYDROPHILIC VEGETATION, MEANING IT'S NOT WATER LOVING.
SO WHEN IT GETS INUNDATED BY A STORM, YOU DO SEE A TEMPORARY DIEBACK OF THAT VEGETATION.
BUT THOSE ROOT STRUCTURES REMAIN INTACT AND THEY WILL RETURN.
THAT IS SHOWN AGAIN ON THE TOP RIGHT SIDE AND SHOWN ON THE NEIGHBORING PROPERTIES ON THE BOTTOM RIGHT SIDE.
I UNDERSTAND THAT THIS APPLICATION IS A COMPLEX ONE AND INVOLVES A LOT OF VARIABLES THAT THE COMMISSIONERS HAVE TO CONSIDER.
STAFF IS HERE TO ANSWER QUESTIONS AND CONCERNS THAT ARE RAISED AS WELL AS THE APPLICANT, AND I BELIEVE A&M WETLANDS HAVE ALSO MADE THEMSELVES AVAILABLE TO BE HERE AND ANSWER ANY QUESTIONS THAT ARE RAISED WHILE BEFORE I CONCLUDE MY REPORT.
I DO WANT TO MAKE THE COMMISSIONERS AWARE THAT I BELIEVE THAT THIS IS AN INSTANCE WHERE WE ARE GOING TO BE DETERMINING WHAT IS CRITICAL DUNE STRUCTURE COMPARED TO DUNE STRUCTURE THAT MAY NOT BE SERVING ITS HIGHEST AND BEST PURPOSE IN STAFF'S OPINION.
THE MITIGATION PLAN THAT HAS BEEN PUT FORWARD BY THE APPLICANT IN ADVANCE OF ANY IMPACTS TO THE LOT AND IN DIRECT RELATION TO THE PROPOSED CONSTRUCTION, DOES A GOOD JOB OF TAKING BOTH MATERIAL AND VEGETATION AND PUTTING IT IN A LOCATION WHERE DUNES WOULD NATURALLY OCCUR AND WHERE IT CAN SERVE A HIGHER AND BETTER PURPOSE WHILE ALLOWING THE APPLICANT TO DEVELOP HIS PROPERTY.
THAT CONCLUDES THE STAFF REPORT.
I AM HERE FOR QUESTIONS AND CONCERNS THAT THE COMMISSIONERS MAY HAVE.
THANK YOU, BRANDON, I APPRECIATE THAT.
I'M NOW GOING TO OPEN IT UP FOR COMMISSIONERS QUESTIONS AND I'M GOING TO START WITH MY OWN.
FIRST OF ALL, SINCE WE HAVE TWO BRAND NEW COMMISSIONERS, BRANDON, WOULD YOU JUST LIKE TO START WITH JUST A GENERAL COMMENT ABOUT HOW OFTEN, HOW FREQUENTLY OR INFREQUENTLY WE SEE A PROJECT THAT REQUIRES THIS MAGNITUDE OF MITIGATION OR JUST AN EXEMPTION AND MITIGATION PERIOD? [INAUDIBLE].
CERTAINLY, JEFFREY, I'M SORRY, CHAIRPERSON.
[LAUGHTER] SO THAT'S A THAT'S A GOOD POINT.
CHAIRPERSON HILL, IT IS NOT FROM WHAT I HAVE UNDERSTOOD, FROM SPEAKING WITH CATHERINE AND TIM WITH REGARDS TO THE CITY OF GALVESTON'S HISTORY, IT IS NOT ALL THAT OFTEN THAT YOU SEE A PROJECT COMING FORWARD THAT IS IMPACTING THE DUNE CONSERVATION AREA AND REQUIRING MITIGATION.
UNFORTUNATELY, OFTENTIMES WHAT DOES COME FORWARD TO PLANNING COMMISSION IS ACTUALLY AFTER THE FACT MITIGATION WHERE PEOPLE HAVE GONE AND IMPACTED A LOT, EITHER BY BULLDOZING DUNE VEGETATION AND DUNE TOPOGRAPHY OR BY SOME OTHER SORT OF STRIPPING OR GRADING.
AND THEN THEY'RE COMING BEFORE THE COMMISSIONERS AND REQUESTING APPROVAL FOR A MITIGATION FOR AFTER THE FACT DAMAGES AND THEN LATER THEY COME AND THEY PROPOSE A CONSTRUCTION ON THAT LOT.
SO WHILE YOU ARE CORRECT IN WHAT YOU ARE POINTING OUT THAT THESE ARE NOT VERY FREQUENT, THEY ARE WITHIN THE CITIES CODES AND THEY ARE AND STAFF APPRECIATES
[00:30:08]
AND APPLAUDS WHEN PEOPLE DO IT IN THE RIGHT ORDER AS WELL.IT'S I AM GLAD TO SEE BOTH THE PROPOSED CONSTRUCTION AND THE PROPOSED MITIGATION FOR THAT CONSTRUCTION TAKING PLACE HAND IN HAND RATHER THAN HAVING TO DO THE MITIGATION AFTER THE FACT.
BUT I BELIEVE THAT ANSWERS YOUR QUESTION CHAIRPERSON HILL.
YES, IT DOES, AND I TOO APPRECIATE THE FACT THAT THEY HAVE DONE IT HAND IN HAND.
BUT IT IS SOMETHING THAT IS THAT WE DON'T SEE FREQUENTLY.
SO IT IS SOMETHING THAT WE TAKE INCREDIBLY SERIOUSLY AND THAT WE LOOK AT VERY, VERY CAREFULLY.
AND IN THIS INSTANCE, WHAT WE SEE IS A STRUCTURE THAT IS BEING PROPOSED TWENTY TWO FEET INSIDE THE CRITICAL DUNE AREA.
FROM WHAT WE SEE ON THE MITIGATION PLAN NOW, UNLESS I AM CONFUSED ON THIS AND YOU CAN TELL ME IF I AM BECAUSE MANY TIMES I AM CONFUSED ON THINGS.
BUT ON THE ARCHITECTURAL AND ENGINEERING PLANS, I DON'T SEE A SITE PLAN THAT SHOWS ME THE HOUSE ON THE SITE WITH MEASUREMENTS AND SHOWS ME WHERE THE DUNE PROTECTION LINE IS AND SHOWS ME HOW FAR IN THEY ARE.
AND IT SHOWS ME WHERE THE PILINGS ARE AND WHERE THE DECK IS AND HOW MANY PILINGS I'VE GOT PLUNKED DOWN IN THAT CRITICAL DUNE AREA.
AM I MISSING SOMETHING, BRANDON? SO ON PAGE 21 OF THE PDF.
THERE IS A SHEET 11A, WHICH IT RESIDES IN THE MITIGATION PORTION MITIGATION PLAN PORTION OF THE APPLICATION.
AND THEY DO SHOW THE FIBERCRETE PAD AS WELL AS THE UNIMPROVED PARKING AREA OF THE DUNE MITIGATION AREA.
AND THEY SHOW THOSE OFFSETS THAT YOU REFERRED TO.
THE SITE PLAN THAT IS PROVIDED FOR THE ENGINEERING.
DOES NOT HAVE A 25 FOOT OFFSET FROM THE DUNE IDENTIFIED.
THAT IS ALSO NOT A REQUIREMENT WITHIN THE ORDINANCES, NOR THE APPLICATION THAT THE APPLICANTS ARE PROVIDED WITH.
THE APPLICATION ACTUALLY REQUESTS THAT THE OFFSETS BE MEASURED ON A TOPOGRAPHICAL MAP.
SO WHILE I UNDERSTAND THAT IN THE PAST IT HAS BEEN PRESENTED IN A SITE PLAN FORMAT, IT IS NOT PRESCRIBED THAT IN THAT MANNER IN ANY OF THE DOCUMENTATION PROVIDED TO THE APPLICANT BY THE CITY.
ARE YOU AWARE THAT IN THE PAST WE HAVE REQUIRED THAT APPLICANTS, OWNERS, BUILDERS, WHATEVER TAKE DECKS OFF OF HOUSES REDUCE SIZES OF DECKS IN ORDER TO REDUCE THEIR ENCROACHMENT INTO THE CRITICAL DUNE AREA.
YES, I AM AWARE THAT THAT HAS BEEN DONE IN THE PAST, AND I THINK THAT THE PLANNING COMMISSION, SHOULD THEY FEEL THAT THAT IS A BEST PRACTICE THAT SHOULD BE ADHERED TO IN THIS INSTANCE WOULD BE WELL WITHIN THEIR ABILITY TO REQUEST THAT OF THE APPLICANT.
AND WITHOUT SEEING THE PILINGS ON AN ARCHITECTURAL AND ENGINEERING SITE PLAN.
I CAN'T EVEN BEGIN TO MAKE A DETERMINATION ABOUT THAT BRANDON.
I CAN'T EVEN BEGIN TO SAY, HEY, THIS DECK IS 10 FEET WIDE.
THIS I CAN LOOK AT THIS PAGE 21 OF 56 AND SAY, OH MEH, MAYBE THAT DECK IS 16 FEET WIDE.
I CAN'T BEGIN TO EVEN SAY THEY SHOULD REDUCE THEIR DECK SIZE TO FROM 16 FEET TO 10 FEET, OR MAYBE THEIR PILINGS COULD BE MOVED BACK EIGHT FEET.
OR I DON'T HAVE THE INFORMATION THAT I NEED TO EVEN MAKE A SUGGESTION LIKE
[00:35:04]
THAT.SO THE PAGE ABOVE 11A SO ON 11.
YOU ARE CORRECT THAT THE DECK IS SHOWN TO BE 16 FEET WIDE.
AND SO MAYBE THAT WILL ASSIST IN THE DETERMINATION OF, YOU KNOW, DECIDING IF LESSENING THE SIZE OF THAT DECK IS SOMETHING THAT YOU'RE INTERESTED IN REQUESTING.
I WOULD ENCOURAGE THE PLANNING COMMISSIONERS WHEN THE TIME COMES TO SPEAK WITH THE APPLICANT TO, YOU KNOW, CONSULT WITH THEM, WHETHER OR NOT THEY WOULD CONSIDER LESSENING THE SIZE OF THAT DECK.
AND I'M SURE THAT THEY ARE MORE IN THE POSITION TO SPEAK TO THAT THAN I AM.
BUT I DO WANT TO POINT OUT THE MEASUREMENTS ON THE PAGE ABOVE.
DID YOU HAVE SOMETHING THAT SPOKE TO THAT POINT? BECAUSE IF NOT, THEN I'M GOING TO CONTINUE WITH MY QUESTIONS.
OK, THANK YOU, BOB, DID YOU HAVE SOMETHING THAT SPOKE TO THAT POINT? YES, I DID.
I WAS GOING TO REFER TO THE SIX POINTS THAT BRANDON SENT TO US THAT ARE KIND OF STANDARD FOR REVIEWING THIS TYPE OF CASE AND ITEM NUMBER THREE.
IT GOES THROUGH THE MITIGATION SEQUENCE THAT WE'RE SUPPOSED TO CONSIDER.
AND THEY ALL THEY ALL REFERRED TO THE IMPACT OF THE PROJECT ON THE SITE.
AND TO ME, THE IMPACT OF THIS PROJECT ON THE SITE WAS REALLY GOING TO BE THE PILINGS WAS WHERE THEY TOUCHED THE GROUND, WHERE THEY TOUCHED THE GROUND AND ANY FIBERCRETE.
AND WE CAN SEE WHERE THE FIBERCRETE IS TO THE 25 FOOT OFFSET.
BUT WHAT WE CAN'T SEE IS THE PILINGS.
AND THEN WE GENERALLY HAVE A STRUCTURAL GROUND FLOOR PLAN WITH THESE PROJECTS WHEN THEY COME IN.
AND SO WE'RE ABLE TO SEE WHAT THE IMPACT OF THESE PROJECTS IS ON AN AREA.
AND IN THIS CASE, THAT PARTICULAR IMPACT THAT IS THE STRUCTURE OF THE PILINGS IS CRITICAL TO THE ANALYSIS BECAUSE THEN WE WOULD BE ABLE TO SEE HOW MANY PILINGS ARE ACTUALLY IN THAT .
2 FOOT NORTH TOE OF DUNE TO THE OFFSET OF THE NORTH TOE OF THE DUNE.
SO IT'S JUST, I THINK, SOME THINGS THAT IT'S USEFUL FOR US TO SEE WHEN WE GET THESE STAFF REPORTS IS THAT GROUND LEVEL PLANNING REPORT FOR US TO BE ABLE TO ANALYZE AND THE IMPACT OF THE CONSTRUCTION IN THE AREA.
SO MOVING ON FROM THAT CRITICAL PIECE THAT I THINK IS MISSING HERE.
I HAVE A NUMBER OF QUESTIONS ON THE MITIGATION PLAN THAT I CAN ASK, BUT I CAN CERTAINLY ASK AND THEN ON THE THAT I CAN ASK THE MITIGATION EXPERTS.
AND THEN I'M WONDERING, BRANDON, WHY YOU DIDN'T MENTION THE SPECIFIC COMMENTS THAT THE GLO HAD ON THE WALK OVER, WHY YOU DIDN'T ADD ANYTHING ON SPECIFIC CONDITIONS IN THE STAFF REPORT ABOUT ALL OF THOSE CONDITIONS ON THE WALK OVER? CERTAINLY SO, CHAIRPERSON HILL, IT HAS BEEN MY PRACTICE THAT WELL, FIRST OF ALL, THE GLO PROVIDES COMMENTS, NOT CONDITIONS.
SO WHAT THEY PROVIDE TO US IS A COMMENT LETTER THAT WE TAKE INTO ACCOUNT WHEN DECIDING HOW TO PROCEED BOTH AT A STAFF LEVEL AS WELL AS AT A PLANNING COMMISSION LEVEL.
I PREFER TO NOT BE PRESUMPTUOUS WITH REGARDS TO THE ACCEPTANCE OF ANY GIVEN COMMENT WITH REGARDS TO THE COMMENT LETTERS THAT WE RECEIVE FROM THE GLO.
I MAKE SURE TO ALWAYS INCLUDE THEM IN THE STAFF PACKET AND I ALWAYS WANT TO MAKE SURE THAT THEY ARE SOMETHING THAT YOU ALL CAN REVIEW.
IT HAS ALSO BEEN MY PRACTICE TO AFFIX THEM TO ANY PERMIT THAT I PROVIDE TO A APPLICANT, AS WAS MENTIONED IN MY NARRATIVE EARLIER THAT THESE WOULD BE AFFIXED TO THE PERMIT ITSELF.
BUT OFTENTIMES WHAT THE GLO IS PROVIDING WHEN THEY PROVIDE THESE COMMENTS ARE
[00:40:01]
BOILERPLATE LANGUAGE THAT IS RIPPED DIRECTLY OUT OF EITHER THE TEXAS ADMINISTRATIVE CODE OR OUR OWN ORDINANCES AND PLANS.AND SO I BELIEVE THAT WE HAVE THE ABILITY TO HOLD APPLICANTS TO WHAT IS IN THE ORDINANCES AND WHAT IS IN THE TEXAS ADMINISTRATIVE CODE AND NATURAL RESOURCE CODE WITHOUT BEING REPETITIOUS IN OUR PRESENTATION OF THE STAFF REPORT.
I DO TAKE TO HEART WHAT YOU MENTIONED TO ME EARLIER ABOUT WANTING TO MAKE SURE THAT WE CALL OUT THAT THE GLO HAS PROVIDED COMMENTS SOMEWHERE IN THE STAFF REPORT AND MAKE SURE THAT THOSE ARE REFERENCED FOR CONSIDERATION.
AND IF THERE ARE ANY OF THESE THAT SPEAK DIRECTLY TO THE PLANNING COMMISSIONERS AND THAT THEY WOULD LIKE TO SPECIFICALLY CALL OUT IN OUR ACTION LETTER, WHICH WOULD BE PROVIDED TO THE APPLICANT SHOULD IT BE APPROVED, THEN I WILL CERTAINLY BE HAPPY TO INCLUDE THE GLO'S COMMENTS AS SPECIFIC CONDITIONS.
IF THE COMMISSIONERS THINK THAT IS APPROPRIATE AND I WOULD ALSO I WOULD CONTINUE TO AFFIX THE GLO'S COMMENT LETTER TO THE ACTION LETTER THAT IS SENT OUT.
I THINK IF WE'RE GOING TO AFFIX THE GLO'S COMMENT LETTER TO THE APPLICATION, I THINK THAT'S FINE AND I THINK THAT WE NEED TO GET DONNA TO WORK WITH YOU TO PUT A SPECIFIC CONDITION OR SOMETHING IN THERE THAT SPECIFICALLY REFERENCES IT.
BUT THERE WERE SEVERAL THINGS IN THIS PARTICULAR GLO LETTER THAT RELATED TO THE WALKOVER THAT I THINK WE PROBABLY NEED TO ADD TO THE SPECIFIC CONDITIONS, AND I'LL BE HAPPY TO GET WITH YOU ON THOSE.
BUT I'VE HOGGED THE WHOLE FIRST PART OF THIS, AND I THINK THAT I'VE SEEN BOB'S HAND UP AND I HAVE SEEN STEVEN'S HAND UP AND I HAVE SEEN DAVID'S HAND UP.
SO GENTLEMEN, WHO WANTS TO GO NEXT HERE? VICE CHAIR BROWN.
IN REGARD TO THAT DUNE WALK OVER I GUESS THAT THEY'LL HAVE A PERMIT FOR THAT AND THE CONDITIONS OF THAT PERMIT WILL, I SUPPOSE, INCLUDE ALL THE THINGS THAT WERE IN THAT GLO LETTER, WON'T THEY? IN TERMS OF THE DIMENSIONS OF THE WALK OVER AND THE SPACE BETWEEN THE WALK LINES AND ALL OF THAT? IS THAT RIGHT? ABSOLUTELY.
VICE CHAIR BROWN, THAT'S CORRECT.
ALL OF THOSE COMMENTS THAT THEY PROVIDED ARE DIRECTLY FROM CODES THAT ARE ON THE BOOKS, AND WE PROVIDE TO PEOPLE WHEN THEY EVEN START CONSIDERING APPLICATIONS FOR WALK OVERS BECAUSE BUILDING A WALKOVER, FOR INSTANCE, YOU MENTIONED THE DISTANCE BETWEEN THE PLANKING THAT IS DIFFERENT THAN WHAT YOU WOULD TRADITIONALLY DO WHEN YOU'RE BUILDING A DECK.
SO IF YOU GET SOMEBODY OUT THERE BUILDING A DECK, THEY'RE GOING TO DO THE PENCIL METHOD WHERE THEY PUT THEIR YELLOW NUMBER TWO PENCIL DOWN.
THEY SLAM THE BOARD UP AGAINST IT, AND THEN THAT'S THE DISTANCE BETWEEN THE BOARDS.
WHEREAS IN WALK OVERS, IT'S CRUCIAL THAT THERE'S ADEQUATE ENOUGH SPACE BETWEEN THE DECKING TO ALLOW FOR SUNLIGHT AND RAIN AND SAND TO PASS THROUGH UNIMPEDED.
SO ABSOLUTELY, YOU'RE CORRECT THAT THE ITEMS THAT ARE LISTED IN THE GLO'S LETTER REGARDING THE WALK OVER WILL BE INCLUDED AS PART OF OUR ACTION LETTER, WHICH IS THE FORMAT THAT WE PROVIDE TO THE APPLICANTS FOR BEACHFRONT CONSTRUCTION CERTIFICATES AND DUNE PROTECTION PERMITS.
AND REGARDING THOSE SIX CONDITIONS THAT YOU SENT OUT, I'M ASSUMING THAT STAFF BELIEVES THAT ALL OF THOSE CONDITIONS HAVE BEEN MET IN THIS CASE.
IT IS MY BELIEF THAT STAFF'S JOB IS TO REVIEW ANYTHING THAT COMES BEFORE THE CITY, ANYTHING THAT IS BROUGHT BEFORE US AS A BEACH FRONT.
IF WE SEE ANYTHING THAT NEEDS TO BE WORKED ON, WE WORK WITH THE APPLICANT TO STRENGTHEN THEIR APPLICATION.
WE GIVE THEM RECOMMENDATIONS, WE GIVE THEM CRITIQUES.
AND THEN ONCE WE ARE HOLDING A PACKET THAT REPRESENTS SOMETHING THAT WE CAN STAND BEHIND AS COASTAL PROFESSIONALS.
AT THAT POINT, WE SEND IT ALONG TO THE GLO WITH OUR REVIEW OF WHAT'S BEING PROPOSED.
AND THEN ONCE THE GLO HAS PROVIDED, THEIR COMMENTS, THAT'S WHAT YOU ALL ARE RECEIVING.
SO WHEN SOMETHING APPEARS BEFORE THE PLANNING COMMISSION, THESE SIX ITEMS, THESE CONSIDERATIONS THAT I'VE INCLUDED HERE IN THE DOCUMENT THAT WAS SENT OUT EARLIER TODAY, THOSE HAVE ALL BEEN REVIEWED.
AND IF WE'RE PROPOSING THAT IT BE APPROVED, THEN WE FEEL THAT THEY HAVE PUT FORWARD
[00:45:07]
SOMETHING THAT HAS MET THE REQUIREMENTS SHOWN THEREIN.I HAD ONE LITTLE TECHNICAL QUESTION ABOUT THAT DOCUMENT.
NUMBER ONE, THE SECOND PARAGRAPH, IT SAYS THE CITY'S LOCALLY ADOPT A FLOOD ORDINANCE REQUIRES SOLID WALL, GROUND FLOOR AND CLOSURE TO BE NO GREATER THAN TWO HUNDRED AND NINETY NINE SQUARE FEET.
I THOUGHT THAT WAS SOLID WALL GROUND FLOOR.
I THOUGHT THAT WAS EITHER LOUVERED OR BREAKAWAY WALLS.
SO DEPENDING ON WHERE YOU'RE LOCATED, YOU CAN DO SOLID WALLED ENCLOSURES.
BUT IN THIS INSTANCE, YOU WOULD NOT BE ABLE TO BECAUSE OF ITS LOCATION.
BUT THERE ARE SOLID WALLED ENCLOSURES THAT CAN TAKE PLACE FURTHER FROM THE BEACHFRONT.
AND IN THOSE INSTANCES, THEY HAVE TO BE LESS THAN 300 SQUARE FEET.
ANYWAY THAT'S HERE, NOR THERE.
ONE OTHER QUESTION RELATED TO I THINK IT WAS MR. SCHNEIDER THAT WAS SPEAKING EARLIER.
HE WAS TALKING ABOUT THE IMPACT OF TROPICAL STORM NICHOLAS ON THAT PARTICULAR LOCATION.
AND I ASSUME THAT REGARDLESS OF WHAT HAS HAPPENED TO THAT SITE, THE APPLICANT WOULD BE REQUIRED TO CONFORM TO THE CONTOURS ON THEIR APPLICATION, RIGHT? WHAT WE SEE IN THE APPLICATION IS WHAT THEY WOULD BE REQUIRED TO DO, REGARDLESS OF WHAT THAT SITE LOOKS LIKE RIGHT NOW.
SO THE WAY THAT IT WORKS IS THEY ACTUALLY HAVE THREE YEARS DURING WHICH TIME THEY ARE RESPONSIBLE FOR ENSURING THE SUCCESS OF THIS MITIGATION PROJECT AND THAT IMPACTS BOTH THE VEGETATION AS WELL AS THE TOPOGRAPHY.
SO WHAT THEY HAVE PROPOSED IN THEIR MITIGATION SITE IS WHAT THEY WILL BE HELD TO FOR THE NEXT THREE YEARS AND AS LONG AS AT THE END OF THAT, AT SOME POINT THEY'RE ABLE TO SHOW THAT IT IS COMPLETE, MEANING THAT THEY HAVE CALLED THE CITY.
WE HAVE GONE OUT THERE, WE HAVE PHOTOGRAPHED IT.
WE HAVE IDENTIFIED IT AS A THRIVING, SUCCESSFUL, MITIGATED DUNE THAT IS INDISTINGUISHABLE FROM THE DUNES TO THE LEFT OR TO THE RIGHT OF IT.
THEN THEY HAVE, YOU KNOW, THEN THEY HAVE SUCCESSFULLY MITIGATED THEIR IMPACT AND THEY ARE, YOU KNOW, SUCCESSFUL IN THEIR MITIGATION.
YOU ARE TALKING ABOUT IMPROVEMENTS TO WHAT'S OUT THERE.
DOES THAT MEAN THAT WALKING PATH THE TRAILS THAT WERE CAUSING THE EROSION OR BEING PART OF THE EROSION ARE GOING TO BE ELIMINATED AS PART OF THEIR PROJECT [INAUDIBLE]? SO THAT'S ACTUALLY A A VERY BRIGHT SPOT FOR ME IN THIS APPLICATION.
I RAISED TO THE APPLICANT EARLY ON, A CONCERN THAT IT APPEARED FROM THE AERIAL PHOTOS THAT WE HAD WHAT I WOULD DESCRIBE AS A POTENTIAL PRESCRIPTIVE EASEMENT SITUATION.
PRESCRIPTIVE EASEMENTS CAN BE ASSIGNED TO A LOCATION BASED ON THE PUBLIC ACCESSING A PUBLIC RESOURCE OVER TIME.
AND IN THIS INSTANCE, I THINK THAT THE PATHS SHOW THAT AT MINIMUM, THE NEIGHBORING PROPERTIES, IF NOT MEMBERS OF THE PUBLIC WHO ARE PARKING ON THE OPPOSITE SIDE OF GULF AND THEN WALKING ACROSS ON THIS RIGHT OF WAY, PEOPLE ARE ACCESSING THE BEACH ALONG THE SIDE OF THIS PROPERTY.
I ASKED THE APPLICANT IF THAT WAS SOMETHING THEY WERE WILLING TO TAKE INTO CONSIDERATION.
AND THEY ACTUALLY MOVED THEIR BOLLARD ROPE LINE AS PROPOSED IN THE MITIGATION PLAN OVER TO THE.
SO THEY HAD IT UP AGAINST THE WESTERN SIDE OF THEIR LOT.
THEY MOVED IT OVER SO THAT IT WOULD ALLOW FOR A PATH TO REMAIN THAT WOULD LET THE PUBLIC ACCESS THE BEACH FROM THAT RIGHT OF WAY THAT IS JUST TO THE NORTH OF WHERE THIS PROPERTY BEGINS.
LET ME ASK YOU ONE MORE QUESTION THOUGH.
IF A STORM MUCH GREATER, MUCH MORE DEVASTATING THAN NICHOLAS CAME AND WIPED THIS WHOLE THIS WHOLE PROJECT OUT, WOULD THEY STILL BE REQUIRED TO COMPLETE THIS PROJECT WITHIN THE TIMEFRAME? YES.
I THINK IT'S ALL I HAVE FOR RIGHT NOW.
FURTHER QUESTIONS FOR STAFF? COMMISSIONER PEñA, THAT KIND OF WAS WAS ALONG THE LINES OF MY QUESTION IS THAT ASSUMING THAT FORTUNATELY IT WAS NOT THAT HURRICANE NICHOLAS WAS MUCH MORE IMPACTFUL TO OUR REGION THAN WHAT IT WAS.
AT WHAT POINT DO WE WOULD WE REQUIRE THE CITY PLANNING, REQUIRE A RE SURVEY OF
[00:50:02]
THE DUNE AND THE THOSE LINES.SO TRADITIONALLY, THE CITY HAS AIMED TO HAVE A TOPOGRAPHICAL REPRESENTATION OF THE SITE THAT IS SOMEWHERE BETWEEN THREE AND SIX MONTHS OF THE APPLICATION ITSELF.
THAT IS CAVEATED BY THE FACT THAT WE ARE ALWAYS WITHIN THE ABILITY TO REQUEST A UPDATED TOPOGRAPHY BASED ON IF WE FEEL THAT THERE WAS A SIGNIFICANT IMPACT TO THE PROPERTY.
ONE OF THE REASONS WHY I INCLUDED THE LAST SLIDE SHOWING SOME OF THE IMPACT THAT WAS HAD THERE IS THAT WHILE THERE WAS DEFINITELY SOME MINOR IMPACT ALONG GALVESTON'S COAST AND THAT'S JUST IN GENERAL UP AND DOWN IN THIS INSTANCE, THE DUNE ITSELF HELD STRONG ON THE PROPERTY.
THE VEGETATION, AS I SHOWED, WAS EXPERIENCING THE TEMPORARY DIEBACK, WHICH IS TRADITIONAL IN BEACH VEGETATION DURING A STORM INUNDATION.
BUT I SAW NO EVIDENCE OF BLOWOUTS OR BREAKTHROUGHS, OR EVEN SIGNIFICANT SCOURING OF THE UNVEGETATED PORTIONS OF THE PATHS THAT GO TO THE BEACH.
IN SOME AREAS, YOU SAW SIGNIFICANT QUANTITIES OF WATER WASHING UP INTO THOSE, AND THEN WHEN IT CAME BACK, IT WAS SCOURING OUT SIGNIFICANTLY AND YOU WOULD SEE ANYWHERE BETWEEN 8, 12, 14 INCHES OF ELEVATION LOSS WHERE SOME OF THIS DRAINAGE WAS WAS FLOWING OUT TO THE BEACH IN THIS INSTANCE.
I DID NOT SEE EVIDENCE OF THAT, AND I THINK THAT THE PICTURES SHOW VERY MINOR EROSION IN THAT AREA.
YEAH, THANK YOU, COMMISSIONER.
SO BASICALLY WHAT THESE GUYS ARE DOING IS THEY'RE IT'S A MITIGATION PLAN.
AND I GUESS MY MY QUESTION IS THIS GIVEN THEIR MITIGATION PLAN AND IF IT WERE TO SUCCEED IN THIS THREE YEAR TIME FRAME, IS IT CONCEIVABLE THAT THIS, YOU KNOW, CRITICAL DUNE AREA MOVES SEAWARD TWENTY FEET? I MEAN, IT LOOKS TO ME FROM THE PHOTOGRAPHS THAT THEIR NEIGHBORS HAVE SOME EROSION AND SOME DUNE ISSUES, AND THEY'RE GOING TO HAVE TO GO BACK.
I WOULD ASSUME AND FIX THEIR DUNE.
AND HOW DOES ALL THAT WORK? MAYBE I'M GETTING A LITTLE OFF BASE WITH THIS, BUT IT LOOKS TO ME LIKE THIS GUY'S TRYING TO FIX THE DUNES NOW.
THEY'VE GOT DUNE ISSUES KIND OF REALLY ON BOTH SIDES OF THEM.
TO SOME DEGREE, IT COULD HAVE BEEN A LOT WORSE IF THE TIDES WOULD BEEN HIGHER.
BUT I GUESS MY QUESTION IS IF THE THOSE GUYS WOULD NEED A MITIGATION PLAN ALSO IN ORDER TO GO REPAIR THE DUNES IN FRONT OF THEIR HOME.
IS THAT CORRECT? THAT'S CORRECT.
AND IT'S ACTUALLY SOMETHING THAT WE ARE ENCOURAGING EVERYBODY WHO WAS IMPACTED TO DO.
WE WE'VE SEEN A GOOD NUMBER OF HOMES OUT ON THE WEST END THAT WERE IMPACTED BY HURRICANE NICHOLAS IN THAT THEIR DUNES WERE SCOURED AWAY TO SOME DEGREE.
AND WE'VE SEEN WE'VE HAD A NUMBER OF FOLKS CALL US AND SAY, WHAT CAN I DO ABOUT THIS? AND DUE TO THE LACK OF EMERGENCY RULES THAT WERE THAT THE [INAUDIBLE] FAILED TO DECLARE AS A RESULT OF NICHOLAS, WE CAN'T UNFORTUNATELY FACILITATE ANYTHING OUTSIDE OF THE STANDARD PROCESS, WHICH MEANS THAT IN ORDER TO MOVE FORWARD WITH A DUNE MITIGATION PROJECT, PEOPLE ARE APPLYING THROUGH THE PERMIT PROCESS WITH A SURVEY SHOWING WHAT DUNES YOU KNOW THEY'RE GOING TO PUT BACK TRUCKING IN THE SAND, BUILDING THE DUNES.
SOME PEOPLE, UNFORTUNATELY, HAVE GONE AHEAD AND RENTED OUT A TRACTOR AND GONE OUT AND PILED UP THEIR OWN SAND IN FRONT OF THEIR HOUSES.
AND THAT IS WHY WE PUT OUT THE PRESS RELEASE THAT WE DID, SAYING THAT WE HAVE NOTICED WHICH PROPERTIES HAVE DONE THIS, AND WE ARE REQUESTING VOLUNTARY COMPLIANCE BY COMING IN AND REQUESTING A PERMIT SO THAT WE CAN RUN THEM THROUGH THE PROCESS.
BUT IF THEY DO NOT DO THAT, THEN THE NEXT STEP WILL BE ENFORCEMENT ACTIONS AND WE'LL HAVE TO GO OUT AND BEGIN TO ENFORCE THE CITY'S CODES WITH REGARDS TO.
HOW TO PROPERLY REBUILD DUNES, I REALIZE, AND I'M SURPRISED DONNA HASN'T QUIETED ME YET BECAUSE I'M STARTING TO RAMBLE ON THINGS THAT AREN'T DIRECTLY RELATED TO THIS THIS PROJECT, BUT I HOPE THAT ADDRESSES YOUR ANSWER, COMMISSIONER WALLA.
OH, AND I GUESS MY OTHER QUESTION WAS WAS IS IT CONCEIVABLE THAT IF THEIR MITIGATION PLAN IS SUCCESSFUL, THAT THE NORTH TOWARD THE DUNE MOVES SEAWARD TO TO SOME EXTENT, I
[00:55:05]
DON'T KNOW HOW FAR IT MOVES IF YOU THINK ABOUT THE SEAWALL RIGHT WHEN I WAS HERE DURING COLLEGE.THE SEAWALL DID NOT HAVE THAT MANY AREAS THAT ACTUALLY HAD DUNES ON IT.
THERE WAS SOME EFFORTS THAT WERE PUT FORWARD TO PLANT AND TO PILE SEAWEED AND PLACE SAND AND DO DUNE MITIGATION ALONG THE SEAWALL.
AND NOW WE HAVE SEVERAL PATCHES RIGHT THERE WHERE IT WOULD IT WOULD APPEAR TO BE A FAIRLY INHOSPITABLE SPOT FOR DUNES.
AND YET WE HAVE SEEN DUNES GROW ALONG THAT AREA AND THE SAME THING CAN HAPPEN IN FRONT OF SOMEBODY'S HOUSE IF YOU HAVE A PROPERLY.
THE KEY THING IS IT HAS TO BE PLACED IN AN AREA THAT DUNES WOULD NATURALLY OCCUR, WHICH THIS IS THE DUNES HAVE TO BE CARED FOR SO WATERED WHEN THEY NEED WATERED REPLANTED, WHEN THEY NEED REPLANTED.
AND THAT ALL GOES INTO WHY WE REQUIRE A THREE YEAR PERIOD OF SUCCESS.
BUT NO, THE FIRST STEP TO RUN A BEACH IS GROWING YOUR DUNES.
AND SO ABSOLUTELY, WHEN DONE CORRECTLY, THEY COULD MARCH THE BEACH FORWARD.
THE BIG THING IS GOING TO BE IF THE SAND IN OUR SYSTEM IS AVAILABLE TO HELP THEM DO THAT, WHICH IS A WHOLE OTHER DISCUSSION THAT WE COULD GET INTO SOMETIME.
AND MAYBE WITH THAT NOTE I WILL RESPOND [INAUDIBLE].
I PERSONALLY WAS WAS REALLY LISTENING TO THE INFORMATION THAT YOU WERE PROVIDING, AND I THOUGHT THAT LOOKING AT THE COMMISSIONERS THAT IT WAS HELPFUL THE INFORMATION THAT YOU WERE PROVIDING AND SEE COMMISSIONER PEñA NODDING HIS HEAD.
SO TYPICALLY, I THINK IF WE GO TO FAR FIELD, I WOULD STEP IN.
BUT I DO BELIEVE THAT YOU WERE IMPORTING SOME INFORMATION THAT THE COMMISSIONERS WERE SEEKING IN REGARD TO THIS PARTICULAR CASE.
WELL, HOLLER AT ME IF I HOLLER AT ME, IF I GET UP ON A SOAPBOX, THANK YOU.
BUT I DO WANT TO REMIND THE COMMISSION THAT IN 30 MINUTES WE LOSE TWO OF OUR COMMISSIONERS AND THIS IS AN ITEM WHERE WE HAVE NOT HEARD FROM OUR APPLICANT AND WE DO NEED TO TAKE A VOTE ON IT.
SO I SEE COMMISSIONER HUMPHREY'S HAND UP.
SO COMMISSIONER HUMPHREY? YEAH, THANK YOU.
SO THE DEFINITION OF A CRITICAL DUNE, AS YOU EXPLAINED TO ME THE OTHER DAY, IS A MEANS OF PROTECTION ON THE SEAWARD SIDE.
AND IF WE REFER TO THE MITIGATION PLANS GIVEN BY THE APPLICANT, WE SEE THAT THE NET GAIN ON THE SEAWARD SIDE ON THE TOPO MAP, I THINK YA'LL CALL IT CONTOUR OR I THINK CONTOUR TOPOGRAPHIC.
SO WE SEE A NET GAIN OF APPROXIMATELY THREE FEET OVER THERE ON THE WESTERN SIDE IN FRONT OF THEIR [INAUDIBLE].
AM I READING THAT RIGHT? YES, SIR.
AND AS FAR AS THE WESTERN SIDE, IT'S ZERO.
OK, AND ANY OTHER QUESTIONS COMMISSIONERS? OK.
REGARDING THE DISCUSSION THAT YOU MENTIONED EARLIER, LOOKING AT THE CONSTRUCTION PLANS PAGE THIRTY SIX, I THINK I DETERMINED THAT THERE ARE FIFTEEN PILINGS IN THE DUNE PROTECTION AREA.
ALL OF THOSE SUPPORT THE SIXTEEN FOOT DECK, WHICH MEANS ROUGHLY THOSE ARE ON EIGHT FOOT CENTERS AS THEY PROJECT FROM THE FACE OF THE WOOD DECK AND FIBERCRETE AND ENTERING INTO THE DUNE PROTECTION AREA.
I JUST OFFER THAT UP AS AN FYI.
THE OTHER THING THAT I WANTED TO ASK BRANDON AND JUST TO MAKE SURE I UNDERSTOOD THIS IS THAT PAGE TWENTY ONE SHOWS THE WOOD DECK AND FIBERCRETE ON THE FIRST FLOOR, A PORTION OF IT BEING PLACED IN THE DUNE PROTECTION AREA.
AND I JUST WANTED TO MAKE SURE THAT I HEARD THAT CORRECTLY.
AND THEN I'VE GOT A FOLLOW UP TO THAT.
I KNOW THAT THE THE DECK ITSELF IS GOING TO BE ELEVATED.
SO THE ONLY THING THAT IS ON THE FIRST FLOOR, THE GROUND FLOOR IS THE FIBERCRETE ITSELF.
THE DECK, I BELIEVE, IS ON THE FIRST FLOOR OR THE THE THE NEXT STORY ELEVATED ABOVE.
THE ONLY THING THAT IS ALONG THE GROUND PAST THE FIBERCRETE WILL BE THE PILINGS, BUT THE FIBERCRETE.
THERE IS A PORTION OF THE FIBERCRETE FIRST GROUND FLOOR THAT IS WITHIN THE DUNE PROTECTION AREA FOR PAGE TWENTY ONE.
THE THE FIBERCRETE PORTION ACTUALLY STOPS SEVERAL FEET NORTH OF THE TWENTY FIVE
[01:00:04]
FOOT OFFSET OF THE DUNE.AND HERE, COMMISSIONER FINKLEA, I WOULD JUST LIKE TO SAY THAT I APPRECIATE YOUR MEASUREMENTS AND YOU DOING THE CALCULATIONS AND ALL AND PROBLEM SOLVING IN YOUR HEAD.
BUT YOUR CALCULATIONS ARE JUST YOUR CALCULATIONS.
THEY ARE NOT THE OFFICIAL CALCULATIONS OF THE ARCHITECT OR THE ENGINEER.
SO I APPRECIATE THAT AND I AND I STILL FIRMLY BELIEVE WE NEED THOSE SO.
I DIDN'T SEE WHAT WHAT SHEET WAS THAT THAT HAD THE PILING PLAN ON IT.
HE WAS JUST COUNTING THE PILINGS THAT ARE ON THE DRAWING THAT ARE ON THAT ARE ON THE THE THE FRONT ELEVATION OF THE HOUSE BOB.
WHICH WHICH WAS GOOD PROBLEM SOLVING.
IT'S NOT A PILING PLAN, BUT IT'S A DIAGRAM.
COUNCIL MEMBER ALMOST CALLED YOU, COMMISSIONER.
SORRY, JOHN PAUL COUNCIL MEMBER LISTOWSKI.
JUST TO FOLLOW UP ON DAVID'S QUESTION ABOUT THE FIBERCRETE, IT IS A LITTLE CONFUSING ON THAT FIBERCRETE THE THE TWENTY FIVE FOOT OFFSET.
FROM THE NORTH TOWARD THE DUNE, IS IT IS IT A 20 FOOT OFFSET, THE CRITICAL AREA, OR TWENTY FIVE FOOT IS THE CRITICAL AREA.
SO THE NORTH TO THE TUNE HAS SHOWED ON ON SHEET ELEVEN A PAGE TWENTY ONE OF FIFTY SIX ON THE PDF.
SO THE NORTH [INAUDIBLE] OF THE DUNE IS IDENTIFIED AND THEN A TWENTY FIVE FOOT OFFSET FROM THE NORTH [INAUDIBLE] OF THE DUNE IS SHOWN.
AND THEN THAT TWENTY FIVE FOOT OFFSET IS BROKEN OUT INTO THE THREE FEET PRIOR TO THE START OF THE PROPERTY'S FOOTPRINT AND THEN THE TWENTY TWO FEET BACK TO THAT TWENTY FIVE FOOT OFFSET PORTION.
AND THEN THAT SPECKLED REAR PORTION OF THE HOUSE IS WHERE THE FIBERCRETE IS SHOWN TO BEGIN.
AND THAT'S WHERE THERE'S SOME CONFUSION, BECAUSE THAT'S NOT HOW THE ELEVATIONS ARE SHOWN AND THE, YOU KNOW, IF YOU GO DOWN TO THE PAGE THAT DAVID WAS REFERRING TO, YEAH, I MEAN, IF YOU LOOK AT THE ELEVATIONS, OF COURSE THERE IS WHAT WHAT SEEMS TO BE AN ENCLOSED GARAGE STRUCTURE DOWN THERE THAT IS WITHIN THAT AREA.
AND THAT, OF COURSE, WOULD HAVE TO BE ON SOME TYPE OF FIBERCRETE OR SOMETHING SUPPORTING IT.
I MEAN, IT LOOKS LIKE THAT THERE'S A LITTLE CONFUSION THERE BETWEEN THOSE TWO DRAWINGS [INAUDIBLE] PAGES.
AND I THINK THAT PERHAPS THE APPLICANT COULD SPEAK BETTER TO WHAT'S BEING SHOWN THERE.
THANK YOU COUNCIL MEMBER FOR POINTING THAT OUT.
YOU AND COMMISSIONER FINKLEA BOTH ON THAT.
ANY OTHER QUESTIONS FOR MR. HILL? ALL RIGHT, THANK YOU, MR. HILL WE'LL NOW OPEN THE PUBLIC HEARING AT 4:34 P.M..
IS THE APPLICANT PRESENT? YES, I SEE THAT THE APPLICANT, DAREL SEYMOUR, IS PRESENT.
WE WILL GO AHEAD AND UNMUTE YOUR MICROPHONE AND YOU SHOULD BE ABLE TO ADDRESS THE COMMISSION.
THANK YOU, SO GLAD TO BE HERE.
I KNOW YOU'VE HEARD OF ALL THIS DISCUSSION.
IF THERE'S ANYTHING THAT YOU WOULD LIKE TO PRESENT AND ANY COMMENTS THAT YOU WOULD LIKE TO ADDRESS.
AND THEN AND THEN THE COMMISSION WILL ASK YOUR QUESTIONS.
TO EXPLAIN THE CONFUSION ON THE GARAGE [INAUDIBLE].
WE KNEW THAT WE COULD NOT HAVE FIBERCRETE WITHIN THAT TWENTY FIVE FOOT, SO WE STOPPED THE FIBERCRETE AND WE'RE THINKING THAT WE COULD JUST DO [INAUDIBLE] FOR THE REST OF THE STRUCTURE, BUT SEEING THAT WE ARE IN THE TWENTY FIVE FOOT AREA.
IT PROBABLY WOULD MAKE MORE SENSE FOR US TO CHANGE AND MOVE IT BACK TO WHERE THE STRUCTURE OF THE SHOWER AND THE GARAGE WOULD BE COMPLETELY OUT OF THAT TWENTY FIVE FOOT AREA THAT'S NORTH OF THE DUNE STRUCTURE.
DOES THAT CLARIFY THINGS ON THE GARAGE? OK I SEE SOME HEADS NODDING.
SO JUST TO BE CLEAR, BECAUSE YOU CUT OUT A LITTLE BIT, SO I THINK WHEN I HEARD YOU SAY
[01:05:04]
JUST TO TO REPEAT YOU SAID TO MOVE THE SHOWER AND THE GARAGE TYPE ENCLOSURE ALL BACK TO WHERE THE FIBERCRETE ACTUALLY IS, DID I HEAR THAT CORRECTLY? CORRECT.SO THAT WE WOULD BE OUT OF THE TWENTY FIVE FOOT AREA? OK.
AND IS THERE ANYTHING ELSE YOU'D LIKE TO SAY, SIR? YES, MR. BROWN, DID YOU HAVE CHAIRMAN BROWN, DID YOU HAVE A QUESTION? I WAS JUST I WAS JUST GOING TO VERIFY THAT SO THAT THE FIBERCRETE WOULD LOOK JUST AS IT APPEARS NOW ON WHAT'S SHEET 11 A THE DUNE MITIGATION PLAN.
I DO HAVE ENGINEERED DRAWINGS WITH THE PILINGS.
I DO SEE THAT THERE WOULD BE BENEFIT TO LINING IT UP WITH THAT TWENTY FIVE FOOT LINE.
BUT I DON'T HAVE THAT RIGHT NOW.
WE CAN GET THAT AND PROVIDE IT TO YOU.
I DON'T KNOW IF I COULD PRESENT, BUT I COULD PRESENT THE ENGINEERING STRUCTURE WITH THE PILINGS, BUT I DON'T KNOW IF THAT STILL GIVES YOU WHAT YOU'RE LOOKING FOR WITH THAT TWENTY FIVE FOOT LINE.
ARE YOU READY TO ENTERTAIN FURTHER QUESTIONS FROM THE COMMISSIONERS, MR. SEYMOUR, IS THERE SOMETHING ELSE YOU'D LIKE TO SAY? I DON'T.
YES, THERE'S YEAH, THERE WAS A LOT OF THINGS.
SO THE WALK OVER [INAUDIBLE] TALKING WITH A&M WETLANDS, I STARTED TO REALLY APPRECIATE THE DUNE STRUCTURE AND TRYING TO PREVENT IT.
SO THE WALK OVER OF THE DUNE STRUCTURE WAS SOMETHING I'VE SEEN AT OTHER PLACES AND I THOUGHT, OK, DO BEST PRESERVE THE DUNE STRUCTURE? THAT WOULD BE VERY GOOD TO IMPLEMENT, BUT I'LL TAKE YALL'S RECOMMENDATION ON IF Y'ALL WOULD PREFER A WALK OVER OR NOT.
AND IF YOU DO NOT PREFER A WALK OVER, THEN WE CAN STRIKE THAT FROM THE PLANS AS WELL.
AS FAR AS THE DECK, WHAT I STARTED WHENEVER WE STARTED LOOKING AT THIS PROCESS, WE STARTED LOOKING AT A HOUSE ON 22304 KENNEDY DRIVE.
IT'S A BEACH HOUSE RENTAL CALLED THE GOLF COURSE IS BUILT IN 2019 AND IT HAS A LARGE DECK AND IT IS.
IT WAS CLOSE TO THE THE DUNE STRUCTURE AS WELL, SO IT'S IN THE TWENTY FIVE FOOT AREA.
WITHIN THE NORTH TOWER OF THE DUNE, SO WE WERE GOING OFF THAT SAYING, OK, WE'RE JUST LOOKING AT EXAMPLES OF OTHER HOUSES THAT HAVE BEEN APPROVED.
AND SO THIS IS THE PLAN THAT WE CAME UP WITH JUST TRYING TO MAKE SURE THAT WE'RE ALL IN LINE WITH ALL THE OTHER HOUSES.
WE DON'T HAVE THE DEBT THAT WE HAVE A DEBT BECAUSE EVERYBODY WANTS TO ENJOY A DECK, BUT WE JUST WANTED TO MAKE SURE WE MINIMIZE IT TOO.
COULD YOU PLEASE, SIR, GIVE ME THE HOUSE NUMBER OF THAT ONE ON KENNEDY AGAIN? YES, IT IS.
IT'S PROBABLY ABOUT THREE OR FOUR BLOCKS EAST, RIGHT? COULD YOU TELL ME ON YOUR ELEVATION? THAT'S ON PAGE.
IT'S ON PAGE FORTY OF FIFTY SIX ON MY PACKET, IT'S YOUR RIGHT ELEVATION AND IT'S SHOWING YOUR, YOU KNOW, YOUR YOUR DOUBLE DECK THAT YOUR DECK THAT IS ON THE FRONT SIDE OF THE HOUSE THAT'S COVERED.
AND THEN THERE IS AN ADDITIONAL DECK ON YOUR MAIN LIVING AREA THAT EXTENDS OUT THAT'S UNCOVERED.
CAN YOU TELL ME HOW HOW WIDE THAT UNCOVERED DECK IS? YES.
SO THE DECK ON THE SECOND FLOOR IS SEVEN FEET AND THE DECK ON THE FIRST FLOOR IS 15 FEET, SO IT WOULD BE EIGHT FEET UNCOVERED.
AND THEN ONE LAST ONE LAST THING WITH REGARDS TO THE DUNE STRUCTURE.
YOU KNOW, THERE IS A SPOT THAT WASHED OUT ON THE WEST SIDE.
SO, YOU KNOW, APPROVING THIS MITIGATION PLAN WOULD JUST STRENGTHEN OUR DUNE STRUCTURE EVEN MORE BECAUSE CURRENTLY THERE IS A LOW SPOT RIGHT THERE.
SO I THINK THIS DO MITIGATION PLAN IS WOULD BE VERY SUCCESSFUL IN SHORING UP OUR DUNE
[01:10:02]
STRUCTURE WITH GALVESTON.OK, THANK YOU VERY MUCH, COMMISSIONERS WHO HAS QUESTIONS FOR MR. SEYMOUR, COMMISSIONER WALLA.
HEY MR. SEYMOUR, HOW LONG HAVE YOU OWNED THE LOT? WE OWNED IT FOR, I THINK ABOUT THREE MONTHS NOW.
OKAY, SO YOU JUST PURCHASED IT.
COMMISSIONERS ANY OTHER QUESTIONS FOR MR. SEYMOUR.
MR. SEYMOUR, I HAD A COUPLE OF QUESTIONS FOR YOUR MITIGATION, FOLKS.
ARE THEY HERE WITH YOU TODAY? YES, MR. CHRISTLY.
MIKE CHRISTLY FROM [INAUDIBLE] WETLANDS IS ON THE CALL.
HOW, HOW DO YOU FEEL ABOUT ME ASKING HIM A COUPLE OF QUESTIONS? THAT'S, I'M FINE WITH THAT.
MR. CHRISTLY'S MICROPHONE HAS BEEN UNMUTED, AND HE SHOULD BE ABLE TO ADDRESS THE COMMISSION.
IT'S BEEN A LEARNING EXPERIENCE WATCHING THE MEETING.
WELL, HOW ABOUT THAT? IS THERE ANYTHING YOU'D LIKE TO SAY BEFORE I ASK YOU JUST A COUPLE OF QUESTIONS, PLEASE, SIR.
THE ONLY THING THAT REALLY CAME TO MIND, THERE'S BEEN QUITE A BIT OF DISCUSSION ABOUT THE MITIGATION DUNE AND THE VEGETATION.
ONE THING EVERYBODY NEEDS TO BE AWARE OF, AND I THINK IT'S BEEN SAID, BUT I WANTED TO JUST KIND OF REITERATE THE THE PROJECT HAS TO BE SUCCESSFUL, AND THE ONLY WAY IT'S SUCCESSFUL IS FOR THE DUNE TO BE BUILT TO THE LINES AGREED IN THE PLAN AND TO ACHIEVE VEGETATION COVER.
THE VEGETATION COVER HERE IS GOING TO BE HAD TO BE 100 PERCENT.
I DON'T KNOW IF IF YOU COULD SEE IN THE PICTURES THAT BRANDON HAD SENT THE DUNE WAS NEXT TO IT TOTALLY COVERED.
THIS WILL HAVE TO HAVE COMPLETE VEGETATION COVER AND THAT DOESN'T MEAN SHORT GRASS.
THAT MEANS TOTALLY VEGETATED TO THE HEIGHT OF THE GRASS NORMALLY GROWTH.
AND THAT'S THE PURPOSE FOR THE THREE YEARS, IF FOR SOME REASON A STORM COMES THROUGH.
AND HEAVEN FORBID, BECAUSE I DON'T WANT TO SEE IT HAPPEN, I'VE SEEN TOO MANY LATELY.
THE OTHER DUNE GETS DESTROYED.
AT THAT POINT, THEY WOULD HAVE TO GO TO, YOU KNOW, PURCHASE DUNE SAND FROM THE LOCAL SOURCE AND VEGETATION TO REPLANT IT.
SO JUST SOMETHING TO KEEP IN THE BACK OF YOUR MIND.
NOT NOT NECESSARILY JUST FOR THIS JOB, BUT FOR ANY JOB.
YOU KNOW THAT THE VEGETATION HARVESTED FROM ON SITE IS NOT SUCCESSFUL.
THEN YOU HAVE TO GO OFF SITE TO, YOU KNOW, BUY MORE VEGETATION.
SO YOU HAS SUCCESSFULLY VEGETATED DUNE.
THAT WAS THE ONLY COMMENT I REALLY WANTED TO MAKE TO MAKE SURE EVERYBODY WAS AWARE ABOUT THE DUNE MITIGATION PART OF THIS.
AND IN MY QUESTION REALLY COMES FROM THE A COUPLE OF COMMENTS THAT WERE WRITTEN INTO THE GLO LETTER ABOUT THE MITIGATION AND IT AND IT SAYS HERE THAT THEY SAY THE VEGETATIVE COVER IS REQUIRED TO MATCH OR EXCEED THE SURROUNDING NATURALLY FORMED DUNES.
AND IT JUST SEEMS TO ME THAT IN EVERYTHING THEY'RE SAYING, IT'S ALMOST LIKE THE BURDEN IS BEING PUT ON Y'ALL.
IT REALLY IS EXCEED, ISN'T IT, BECAUSE THERE'S NOT MUCH IN THE WAY OF WHAT IS ACTUALLY THERE, RIGHT? THAT IS CORRECT.
THE ONLY THING THAT EXISTS TODAY IN THE AREA WHERE THE VEGETATED MITIGATION DUNE WILL BE BUILT ARE SOME [INAUDIBLE] MOUNDS.
THEY HAVE SOME VEGETATION ON THEM.
BUT BETWEEN THE [INAUDIBLE] MOUND, THAT GROUND IS BARE.
THAT'S WHY I MADE THE COMMENT.
HE'S GOING TO HAVE TO MATCH THE DUNE TO THE EAST OF HIM FOR VEGETATIVE COVER.
SO, YOU CAN'T YOU CAN'T LOOK AT THE [INAUDIBLE] MOUNDS IN THE BACKGROUND BETWEEN THEM AND BUILD A DUNE AND THEN JUST PUT THE [INAUDIBLE] MOUND ON TOP OF IT AND SAY THIS IS WHAT IT WAS, THAT'S NO.
THIS ONE'S GOT TO BE 100 PERCENT COVERED.
RIGHT, AND LET ME SEE, I HAD ANOTHER ONE ON THAT ABOUT QUESTIONS TO ASK YOU ABOUT THE MITIGATION.
LET'S SEE, SO THEN IT SAYS THAT IT MUST PROVIDE EQUAL OR GREATER DEGREE OF PROTECTION AGAINST FLOOD AND EROSION DAMAGE AND OTHER NUISANCE CONDITIONS, CONDITIONS TO ADJACENT PROPERTIES.
SO BASICALLY, WOULD YOU SAY NOW THAT WHAT'S THERE NOW IS IT IS WHAT'S ON THAT PROPERTY NOW PROVIDING ANY FLOOD PROTECTION TO THE ADJACENT PROPERTIES
[01:15:04]
? ON THE WEST SIDE, NO, BECAUSE THERE'S ONLY [INAUDIBLE] MOUNDS AND THEY'RE THERE, THEY'RE NOT AT THE ELEVATION OF THE DUNE, SO YOU GET A STORM AND THE STORM SURGE, IT'S JUST GOING TO COME RIGHT THROUGH THAT OPENING, SO TO SPEAK.WHEN THE DUNE IS BUILT, THAT'LL NO LONGER OCCUR IN THAT AREA.
AND THAT'LL THAT THAT'LL IMPROVE PROTECTION ALONG THAT, YOU KNOW, THOSE COUPLE OF PIECES OF PROPERTY RIGHT THERE.
I HAD A QUESTION HERE, THE RESTORED DUNES AND DUNE VEGETATION MUST BE CONTINUOUS WITH ANY SURROUNDING NATURALLY FORMED DUNES AND MUST APPROXIMATE THE NATURAL POSITION, CONTOUR OR VOLUME, ELEVATION AND VEGETATIVE COVER OF ANY NATURALLY FORMED DUNES IN THE RESTORATION AREA.
IT SEEMED TO ME THAT ONE OF THE PROPOSED NEW DUNES WAS EXCESSIVELY HIGHER THAN ANYTHING THAT NATURALLY OCCURS IN THAT AREA.
THE TEXAS GENERAL LAND OFFICE, WHEN YOU CONSTRUCT A MITIGATION DUNE, THEIR MINIMUM HEIGHT IS FOUR FEET.
SO THE GROUND OUT THERE RIGHT NOW AND AROUND THE [INAUDIBLE] MOUNDS IS AROUND ELEVATION FIVE.
WE HAVE TO HAVE A FOUR FOOT TALL DUNE THAT PUTS YOU AT ELEVATION NINE.
THAT'S GOING TO PUT THE NEW DUNE.
ABOUT TWO FEET HIGHER THAN THE DUNE THAT'S ON THE EASTERN PART OF THE LOT, THE EASTERN PART OF THE LOT HAS SOME SEVEN FOOT CONTOURS.
BUT THERE ARE A THERE'S A MOUND WITHIN THAT EASTERN PART THERE AT SEVEN.
AND THAT MEANS THAT THE EASTERN PART OF THE DUNE IS TRYING TO GROW.
SO THE THE PART THAT WE'RE GOING TO BUILD ON THE WEST SIDE WILL BE AN ELEVATION NINE.
THE HIGHEST ELEVATION ON THE EASTERN PART OF THAT DUNE IS ELEVATION SEVEN.
SO WE'RE ABOUT TWO FEET ABOVE IT.
AND, YOU KNOW, APPROXIMATE KIND OF AN INTERESTING WORD, BUT WE'RE A LITTLE HIGHER WITH THE HOPE THAT DOWN THE ROAD, THAT DUNE, THAT'S ALL THE EASTERN PART OF THE LOT WILL CONTINUE TO GROW AND GET TALLER.
SO IS THERE ANY WITH THE BLESS YOU COUNCILMAN.
IS THERE ANY IS THERE ANY DOWNSIDE TO BEING TWO FEET HIGHER HAVING THAT NINE FOOT DUNE? IS THERE ANY DOWNSIDE TO THE NEIGHBORS? NOT THAT I KNOW OF, THE ONLY THING THAT YOU WILL HAVE IS WHERE THE TWO DUNES ARE CONNECTED TOGETHER, WE'LL HAVE SAND THAT SLOPES FROM NINE FEET TO SEVEN, SO ANY WATER THAT FALLS WILL RUN DOWN THAT SLOPE, BUT THAT'S STILL ALL MR. SEYMOUR'S PROPERTY.
SO I CAN'T SEE A DOWNSIDE TO IT.
OKAY, COMMISSIONERS, ANYONE HAVE A QUESTION FOR MR. CHRISTLY? YES, VICE CHAIR BROWN.
LOOKING AT THAT CONTOUR, IT'S REALLY STEEP ON THE WEST SIDE FROM THE NINE ALL THE WAY DOWN TO THE SIX.
YEAH, THAT'S A THREE TO ONE SLOPE.
SO THAT MEANS IS THAT IS THAT GOING TO STAND UP? YES, WE I WANT TO GET TO MY [INAUDIBLE] SHEET.
THAT SLOPE AWAY AND TOWARD THE BEACH ARE VERY FLAT BECAUSE WE HAD EXTRA SAND ON THE LOT THAT WE NEEDED TO PUT SOMEWHERE.
GENERALLY, THESE ARE BUILT TO ABOUT A THREE THREE TO ONE SLOPE, THREE TO FOUR TO ONE SLOPE THE FRONT AND THE BACK OR.
THE BACKSIDE OF THE DUNE IS BUILT AT A SIX TO ONE.
THE FRONT SIDE BUILT AT A FIVE TO ONE, BUT THREE TO ONE, THE MAXIMUM ALLOWABLE BY THE GLO.
THAT'S WHY IT LOOKS SO STEEP BECAUSE WE HAD MORE SAND ON THE LOT AVAILABLE, SO WE JUST MADE THE DUNE BIGGER.
ANYONE ELSE? OK, THANK YOU, MR. CHRISTLY.
ANYONE ELSE FOR THE PUBLIC HEARING CATHERINE? IF THERE'S ANYBODY ELSE WHO WOULD LIKE TO ADDRESS THE PUBLIC, THE COMMISSION, PLEASE USE THE RAISE YOUR HAND FUNCTION AT THE BOTTOM OF YOUR SCREEN.
[01:20:03]
LOOKS LIKE WE HAVE BETSY SCHNEIDER.NOW WE HAVE ALREADY HEARD FROM HER WITH A WRITTEN COMMENT.
DONNA, ARE WE WILL WE HEAR FROM HER VERBALLY AS WELL? YOU CAN I MEAN, HER COMMENT WAS IN WRITTEN FORM BEFORE, BUT IT IS JUST FOR MS. SCHNEIDER, NOT MR. SCHNEIDER.
MS. SCHNEIDER, YOU'VE BEEN UNMUTED ON OUR END.
YOU NEED TO MAYBE UNMUTE ON YOUR END IF YOU'RE ON YOUR PHONE, YOU CAN TRY PRESSING STAR SIX.
MS. SCHNEIDER WE'LL STILL UNABLE TO HEAR YOU.
YOU'LL NEED TO UNMUTE ON YOUR END.
MS. SCHNEIDER? I SEE YOUR HAND UP.
OH, THERE YOU ARE THERE, MS. SCHNEIDER? HAND JUST WENT DOWN.
STILL SHOWS THAT MS. SCHNEIDER IS MUTED.
YOU'VE BEEN UNMUTED ON OUR END, SO I'LL JUST REPEAT THAT YOU'LL NEED TO UNMUTE ON YOUR END AND YOU CAN TRY IF YOU'RE ON YOUR PHONE PRESSING STAR SIX.
I BELIEVE THAT THE PICTURES OF THE PHOTOGRAPHS OF THE DUNES ARE DECEIVING.
REALLY, WHAT'S GOING ON IT'S A VERY SMALL PIECE OF PROPERTY AND SOMEONE'S TRIED TO BUILD THEIR BEFORE AND IT'S BEEN TAKEN DOWN.
IT HAS A VERY STRONG CURRENT AND THAT'S WHY THE DUNES ARE THERE.
SO FOR ANY EVEN LITTLE STORM, YOU HAVE AN OCEAN GOING OVER.
I DON'T KNOW WHERE THEY WOULD EVEN THINK WHERE THEY WOULD PUT GOING TO THE BEACH BECAUSE LIKE A STEP OR.
AND I HAVE A SET OF DUNES ON MY PROPERTY THAT'S OUT THERE.
THAT'S NOT THEIRS, WHICH I DON'T KNOW IF YOU CAN SEE HERE.
CAN YOU SEE THAT? CAN YOU SEE THAT? YOU'RE NOT ON VIDEO MS. SCHNEIDER.
WELL, IT'S IT'S DECEIVING ON WHERE THE DUNES ACTUALLY ARE.
AND THE SQUARE FOOTAGE THAT THAT THEY'RE TALKING ABOUT.
AND AGAIN, THAT'S AN EXTREMELY STRONG CURRENT, WHICH ANY LITTLE STORM IT COMES IN AND IT JUST WAVES RIGHT OVER AND PUSHES WATER, SO IT FLOODS CONSTANTLY.
AND IT HAS EROSION PROBLEMS. I'VE BEEN HERE NINE YEARS AND THREE YEARS AGO.
IT WAS SO ERODED IN FRONT YOU HAD TO FIND A DIFFERENT WAY.
AND, YOU KNOW, IT WAS LIKE A THREE FOOT DROP.
SO THE THE PROPERTY IS BEEN SCHEDULED MOSTLY AS A NON BUILDABLE.
IT JUST RECENTLY CAME UP AS A BUILDABLE.
SO AFTER EVERY STORM, I USUALLY GET POSTS, I GET LOGS, I GET ALL THE STUFF THAT COMES IN AND ACTUALLY ON THAT PROPERTY.
SO I JUST FEEL THAT IT'S IT NEEDS SOME MORE INVESTIGATING TO TELL US EXACTLY WHAT'S GOING TO HAPPEN BECAUSE AS SO FAR IT'S ERODING AWAY AND THE WAVES COME WAY OVER.
THAT PROPERTY THAT WERE THE DUNES ARE THE WAVES COME OVER THAT.
SO THAT'S ACTUALLY RIGHT RIGHT IN FRONT OF YOUR HOUSE.
SO I THINK THAT'S SOMETHING THAT YOU NEED TO CONSIDER AND LOOK INTO FURTHER, JUST BECAUSE THEY PUT DUNES UP THERE, JUST BECAUSE THEY THEY DUMP A BUNCH OF SAND, THAT CURRENT IS STILL GOING TO KEEP TAKING IT OUT AND TAKING IT AWAY.
YOU CAN PUT SAND PILES OR HAY BALES OR WHATEVER.
BUT IF THAT CURRENT WANTS TO TAKE THAT SAND, IT'S GONE.
SO TO ME, IT'S AN UN-BUILDABLE PROPERTY.
IT HAS LOTS OF LITTLE VEGETATION AND IT'S HAD GROWTH.
BUT THEN THE SAND CAME OVER WITH THE LAST STORM, AND I BELIEVE THE PICTURES THAT HE'S SHOWING AREN'T AS ACCURATE AS IS WHAT I VISUALLY SEE.
SO THOSE ARE MY CONCERNS OF THE BUILDING BUILDING THERE, AND IT'S SHIFTING AND FALLING APART AND, YOU KNOW, JUST NEVER BEING ABLE TO BE COMPLETED FOR THAT REASON.
THANK YOU, MS. SCHNEIDER, I APPRECIATE YOUR COMMENTS, THANK YOU SO MUCH.
YOU'RE WELCOME, THANK YOU FOR LETTING ME SPEAK.
CERTAINLY, AND THANK YOU FOR YOUR OTHER COMMENTS.
WE APPRECIATE Y'ALL BEING WITH US.
[01:25:02]
OK, THANK YOU.ANY OTHER PUBLIC COMMENT, CATHERINE? ANY OTHER MEMBERS OF THE PUBLIC WOULD LIKE TO ADDRESS THE COMMISSION.
WE ASK THAT YOU USE THE RAISE HAND FUNCTION.
WITH THAT, WE'LL CLOSE THE PUBLIC HEARING AT 4:56 P.M.
AND I WILL ENTERTAIN A MOTION ON CASE.
YES, IT'S GOING TO JUST NOT BE RIGHT IN FRONT OF ME HERE.
21P-052 AND ACTUALLY, I'LL MAKE THE MOTION ON THE CASE.
IS THERE A SECOND? COMMISSIONER WALLA.
OKAY, GREAT, WE HAVE A MOTION AND A SECOND.
IS THERE DISCUSSION? MAY I ASK THE REASON FOR DEFERRAL? SO ABSOLUTELY.
I WAS JUST ABOUT TO SAY THAT DONNA AND AND I GUESS WE NEED TO GIVE A DATE TOO, DON'T WE, DONNA? WE NEED TO GIVE A DATE ON THAT ALSO.
YES, IT'S USUALLY TO THE NEXT COMMISSION HEARING.
I WOULD MOVE FOR DEFERRAL IN TWO WEEKS BECAUSE WE NEED ARCHITECTURAL AND ENGINEERING DRAWINGS SHOWING THE PILINGS, THE DECK, MEASUREMENTS ON THE DECK AND REVISED ELEVATION DRAWINGS FOR THE SHOWER AND GARAGE.
AND IF I REMEMBER CORRECTLY, MR. SEYMOUR SAID THAT HE WAS GOING TO BE REVISING THE FIRST FLOOR, EXCUSE ME, THE GROUND FLOOR PLAN TO REMOVE ANY IMPERVIOUS COVER FROM WITHIN THE DUNE PROTECTION AREA.
ANYTHING ELSE, COMMISSIONERS, DID I GET EVERYTHING? ON THAT.
ARE WE IN DISCUSSION PART RIGHT NOW? YES, SIR.
IT MAY BE USEFUL FOR US TO HAVE HIS ARCHITECT OR ENGINEER WORK THROUGH A WAY TO RECONFIGURE THAT DECK WITH BY REMOVING THE FRONT LINE OF POLES IN ORDER TO REDUCE THE IMPACT ON THAT DUNE PROTECTION AREA.
IN OTHER WORDS, MAYBE REDUCE THE SIZE OF THE PORCH OR CONVERSELY CANTILEVER THE PORCH AND JUST SIMPLY REMOVE THE FIRST LINE OF OF PILINGS RIGHT THERE TO HELP MINIMIZE THE IMPACT.
JUST HAVE A LOOK AT THAT AND SEE WHAT THAT DOES AND SEE IF IT WORKED FOR HIM.
AND I WOULD SAY ALSO ON THAT, THAT THAT'S A REALLY GOOD POINT VICE CHAIR BROWN, AND THAT THAT THEY ACTUALLY PULLED THE STAFF REPORTS FOR THE 22304 KENNEDY BEACHFRONT CONSTRUCTION PERMIT AND ACTUALLY LOOK AT WHERE THE DUNE CONSERVATION AREA IS ON THAT TO SEE HOW FAR THAT DID ACTUALLY COME INTO THE INTO THE DUNE CONSERVATION AREA TO SEE.
HOW MUCH THEY CAN SHRINK THEIRS DOWN THEIR IMPACT ON THAT DUNE PROTECTION, THAT CRITICAL DUNE AREA.
BECAUSE I THINK THAT HE'S 22 FEET INSIDE THE CRITICAL DUNE AREA.
WE'VE GOT EIGHT FEET OF UNCOVERED DECK THAT CAN COME OFF.
AND THEN THERE IS ANOTHER WHAT DID WE HEAR? SEVEN FEET OF COVERED DECK.
WE CAN'T REALLY TELL HOW MUCH OF IT IS, IS DECK AND HOW MUCH OF IT IS HOUSE.
I'M JUST GOING BY HIS VERBAL TESTIMONY.
SO, YOU KNOW, IF WE CAN TRY AND PAIR SOME OF THAT OFF BECAUSE WHAT OUR WHAT WE HAVE LEARNED, COMMISSIONER FINKLEA AND COMMISSIONER HUMPHREY, IS THAT DECK.
WHILE IT IS A WONDERFUL THING AND ANYONE WHO IS ON THE WATER WANTS IT, IT IS NOT IMPERATIVE FOR LIVING.
IT IS NOT SOMETHING THAT WE MUST HAVE.
AND SO IT IS A DECISION THAT WE HAVE MADE PREVIOUSLY.
BUT I SHOULDN'T TALK ABOUT WHAT WE'VE MADE PRE DECISIONS WE'VE MADE PREVIOUSLY.
SO ANYWAY, BUT IF I MAY COMMISSIONERS, I WOULD JUST LIKE TO CAUTION THAT COMMENT THAT YOU MADE CHAIRMAN HILL REGARDING THE APPLICANT REFERRING TO ANOTHER PROPERTY.
[01:30:03]
THE APPLICANT HAS TO DO HIS OR HER DUE DILIGENCE.WE'RE NOT QUITE SURE I DON'T RECALL THAT PROPERTY AS TO WHAT THE SPECS WERE ON THAT ONE.
BUT I WOULD JUST CAUTION THE APPLICANT TO MAKE HIS OR HER DUE DILIGENCE TO MAKE SURE THAT THEY ARE ACTUALLY WITHIN CODE AND WITHIN THE PROPER SPECS THAT ARE REQUIRED.
HE HAD JUST SAID HE HAD LOOKED AT IT RATHER THAN EYEBALLING IT ANYWAY.
COMMISSIONER WALLA AND THEN COMMISSIONER HUMPHREY.
AND REGARDING THAT KENNEDY ADDRESS THAT, I THINK THAT HOUSE HAS BEEN THERE FOR SEVERAL YEARS.
SO A LOT OF THINGS HAVE CHANGED SINCE THAT HOME WAS BUILT.
YOU KNOW, JUST A COMMENT THAT THESE GUYS NEED TO CONSIDER, AS IS, WE'VE MADE PEOPLE GO BACK AND TOTALLY REVAMP THEIR PLANS IF THEY WERE IN THIS AREA.
I ACTUALLY KIND OF LIKE THE MITIGATION PART OF IT IN THAT, YOU KNOW, THESE GUYS ARE MAKING AN EFFORT TO RESTORE OUR DUNES, HOW WE GET FROM, YOU KNOW, THEY CAN GO, DO THEY CAN GO DO A MITIGATION EFFORT THAT FAILS AND THEN WE HAVE A HOUSE SITTING ON THE BEACH FRONT.
SO, YOU KNOW, I WOULD TELL THESE GUYS, YOU NEED TO TRY AND GET AS FAR BACK FROM THAT LINE AS YOU CAN.
I'VE, YOU KNOW, I'VE ONLY BEEN HERE A YEAR.
I CAN'T BELIEVE IT'S BEEN THAT LONG, BUT I'VE NEVER SEEN US GO FOR SOMETHING THAT IN TWENTY TWO FEET.
SO JUST GUYS, WHEN YOU'RE WORKING ON YOUR PLAN, YOU CAN SCALE IT BACK A LITTLE BIT.
IT WOULD CERTAINLY HELP, IN MY OPINION.
THANK YOU, COMMISSIONER WALLA, COMMISSIONER HUMPHREY.
YEAH, IT WAS CONCERNED MS. SCHNEIDER BROUGHT UP THAT THIS LAND USED TO BE DEEMED UN-BUILDABLE.
WHO MAKES THAT DETERMINATION IS MY TEST QUESTION FOR THE STAFF, I GUESS.
WE ARE IN DISCUSSION NOW, BUT WE CAN STILL ASK QUESTIONS OF STAFF.
AND I THINK THOUGH THE QUESTION WOULD BE, I'M NOT SURE IT IS A QUESTION FOR STAFF, THOUGH, BECAUSE IT WAS A COMMENT THAT WAS MADE BY A MEMBER OF THE PUBLIC.
AND THAT WAS PROBABLY THAT MAY HAVE JUST BEEN HER OPINION THAT IT WAS DEEMED U-BUILDABLE.
AND BECAUSE I DIDN'T EVER HEAR STAFF CALL IT UN-BUILDABLE.
ALRIGHTY, SEEING NO OTHER DISCUSSION WE'LL CALL THE VOTE PLEASE AND HOPEFULLY GET OUR TWO COMMISSIONERS OUT OF HERE WHO NEED TO BE PLACES BEFORE WE MOVE ON TO OUR OTHER DISCUSSION ITEM.
OUR MOTION IS ON CASE 21P-052 FOR DEFERRAL UNTIL TWO WEEKS FROM TODAY PENDING ADDITIONAL INFORMATION.
ALL IN FAVOR, THE MOTION PASSES.
AND NOW WE ARE GOING TO HAVE COMMISSIONER FINKLEA AND COMMISSIONER PEñA ARE GOING TO LEAVE US.
AND WE WILL CONTINUE WITH OUR DISCUSSION AND ACTION ITEMS. AND WE DO STILL HAVE A QUORUM NOTING THAT WE HAVE COMMISSIONER HUMPHREY, COMMISSIONER BROWN, COMMISSIONER HILL AND COMMISSIONER WALLA.
NOT THAT WE NEED A QUORUM, I DON'T GUESS FOR A DISCUSSION ITEM, AND I'M SO GLAD THAT COMMISSIONER THAT COUNCIL MEMBER LISTOWSKI IS HERE BECAUSE HE'S CRITICAL TO THIS DISCUSSION.
[9A. R-0 Zoning District (Hill)]
AT THE END OF OUR AS IN CONJUNCTION WITH ONE OF OUR AGENDA ITEMS, TWO OF OUR AGENDA ITEMS. LAST WEEK, WE HAD SEVERAL QUESTIONS ABOUT R-0 ZONING ITEMS. TWO MAJOR QUESTIONS CAME UP.THEY WERE ONE HOW TO DESIGNATE WHICH AREAS SHOULD BE ALLOWED TO BE DESIGNATED AS R-0 AND IF WE NEEDED TO TWEAK THAT PROCESS.
[01:35:02]
AND THEN TWO WAS THE QUESTION ABOUT WHAT DID OWNER OCCUPIED MEAN? SO MS. FAIRWEATHER.I THINK THIS PUTS YOU IN THE HOT BOX, MAN.
I THINK YOU'RE UP MS. FAIRWEATHER.
I'M SORRY, I JUST NEED SOME WATER.
I THINK MY MAJOR CONTRIBUTION WOULD BE THE OWNER OCCUPIED AND HOW THE CITY HAS BEEN USING THAT TERM FOR THESE CASES.
WHAT WE HEARD AT THE LAST HEARING, AND I'M NOT QUITE SURE WHO ON STAFF I SEE ADRIEL, BUT I'M NOT QUITE SURE IF HE'S GOING TO PRESENT.
I BELIEVE PETE PRESENTED LAST TIME ON THE R-0 ZONING REQUEST, STAFF CHECKS THE GALVESTON CENTRAL APPRAISAL DISTRICT.
THEY CONFIRM THE MAILING ADDRESSES WITH THE ADDRESS THAT THEY HAVE ON FILE, AND THAT'S HOW THEY HAVE DETERMINED THAT THIS IS AN OWNER OCCUPIED PROPERTY.
NOW I WILL SAY THAT I HAVE SCOURED AS MUCH AS I'M ABLE TO SCOUR A DEFINITIVE TERM FOR OWNER OCCUPIED, AND IT DOESN'T APPEAR THAT.
OWNER OCCUPIED, I THINK MAYBE ONE OF THOSE TERM OF ART TYPE OF EXPRESSIONS, AND I WILL SAY TO COMMISSIONER WALLA THAT I DID HAVE THE OPPORTUNITY TO REVIEW THE TAC FOR THAT DEFINITION.
AND I ALSO ACTUALLY READ THE CASE THAT YOU PROVIDED.
THE TAC, WHICH IS A TEXAS ADMINISTRATIVE CODE.
AND WHAT COMMISSIONER WALLA HAD POINTED TO WAS A SECTION THERE THAT DESCRIBED THAT DEFINED OWNER OCCUPIED AS SORRY [INAUDIBLE].
MEANS THAT THE OWNER OF THE UNDERLYING REAL PROPERTY OCCUPIES A DWELLING UNIT OF THE REAL PROPERTY AS A PRINCIPAL RESIDENCE.
NOW, UNDERSTAND THAT THIS DEFINITION CAME OUT OF THE BANKING AND SECURITY SECTION TITLE SEVEN OF THE TAC, WHICH YOU KNOW IN MANY RESPECTS DOESN'T NECESSARILY ISN'T NECESSARILY ON POINT WITH WHAT WE'RE DOING HERE IN TERMS OF A ZONING CASE.
BUT WHAT IT ALSO DOES NOT STATE IS OR DOESN'T DEFINE IS WHAT A PRINCIPAL RESIDENCE IS.
SO EVEN IN THAT DEFINITION, IT STILL DOESN'T DEFINE WHAT A PRINCIPAL RESIDENCE IS.
I WENT IN AND DID SOME RESEARCH ON OUR CITY CODE AND OUR CHARTER IN TERMS OF A PERSON'S RESIDENCY OR HOW WE WOULD DEFINE SOMEBODIES RESIDENCY.
AND OF COURSE, WHEN WE LOOK AT RESIDENCY PROVISIONS, IT'S TYPICALLY IN PERSONS THAT ARE WANTING TO RUN FOR AN OFFICE.
IT DESCRIBES THE OFFICE OR POTENTIAL OFFICE HOLDER AS NEEDING TO MEET CERTAIN CRITERIA.
I WANT TO SAY LEGAL DOCUMENTS WHERE THEY VOTE.
THE ADDRESS HAS TO CORRESPOND WITH THEIR VOTE [INAUDIBLE].
GOING OFF FROM MEMORY WHERE THEY ARE WHAT'S ON THEIR LICENSE.
WHAT COULD POSSIBLY BE ON WHERE THEY VOTE? IT ACTUALLY DOESN'T SAY WHERE IT'S A HOMESTEAD.
IT ACTUALLY DOESN'T SAY IT HAS TO BE THEIR HOMESTEAD.
SO I THOUGHT THAT WAS INTERESTING.
AND THIS IS A GENERAL TERM FOR OWNER THAT I FOUND WITHIN THE CODE.
I'VE ALSO CHECKED THE INTERNATIONAL RESIDENCY CODE.
ANY PERSON, AGENT, FIRM OR CORPORATION HAVING LEGAL OR EQUITABLE INTEREST IN THE PROPERTY.
SO FOR THIS PURPOSE, I WOULD SAY THAT OWNER OCCUPIED IS A TERM OF ART.
ONE OF THE CONCERNS IS WHEN WE TRY TO DEFINE IT EVEN MORE SPECIFIC THAN THAT IS HOW WOULD A CITY ENFORCE ANYTHING MORE SPECIFIC THAN OWNER OCCUPIED? IF WE PUT OWNER OCCUPIED, WHICH IS ALSO THEIR PRINCIPAL RESIDENCE, HOW DO YOU DEFINE WHAT THEIR PRINCIPAL RESIDENCE IS? HOW OFTEN DOES SOMEONE HAVE TO LITERALLY, YOU KNOW, SLEEP IN A BED ON THE PROPERTY? HOW ARE YOU EVEN GOING TO BE ABLE TO CHECK ON THAT? IF WE LEAVE IT AS A HOMESTEAD, SAY IT HAS TO BE A HOMESTEADED PROPERTY.
[01:40:01]
AGAIN, YOU MAY BE LIMITING THE PERSON'S ABILITY TO USE THEIR PROPERTY BECAUSE THEY HAVE EITHER HOMESTEADED IT OR NOT, HOMESTEADED IT.I'M SURE WE HAVE A NUMBER OF FOLKS THAT HAVE HOMESTEADED PROPERTIES ON THE ISLAND THAT DON'T ACTUALLY LIVE ON THE ISLAND OR LIVE PREDOMINANT AMOUNT OF THEIR TIME OFF OF THE ISLAND.
SO I'M NOT SURE IF THAT WOULD BE A GOOD WAY OF DEFINING OWNER OCCUPIED.
SO AT THIS POINT, I THINK WE NEED TO LOOK AT WHAT WE HAVE IN OUR CODE AND TRY AND SAY, ARE WE COMFORTABLE WITH WHAT'S THERE? ARE THERE WAYS TO TWEAK IT IF IT NEEDS TO BE TWEAKED? WE ALREADY KNOW THAT THERE ARE SOME AREAS THAT DO NEED TO BE TWEAKED.
WE ALREADY KNOW THAT WE NEED TO DETERMINE IF THERE'S A BOUNDARY THAT NEEDS TO BE IN PLACE.
IS IT OR ARE WE ABLE TO ACTUALLY PUT A BOUNDARY IN PLACE? ARE WE TALKING A NUMBER OF HOUSES? ARE WE TALKING NUMBER OF LOTS? ARE WE TALKING A NUMBER OF BLOCKS? SO THAT IS NOT CURRENTLY IN OUR CODE.
WE DON'T HAVE A MINIMUM AREA THAT FOLKS CAN GET THEIR PERCENTAGE AND SAY, HEY, WE WANT TO DECLARE OURSELVES AN RO.
SO THAT ISN'T IN OUR CODE AND THAT IS SOMETHING THAT THE COMMISSION CAN DECIDE.
I HAVE NOT BEEN ABLE TO DISCERN, YOU KNOW, WHAT WOULD BE A MINIMUM AREA THAT HASN'T NECESSARILY OR ISN'T ABOUT TO FACE A CHALLENGE.
SO THERE HAVE BEEN A NUMBER OF CHALLENGES THAT HAVE COME OUT IN TEXAS DUE TO RESTRICTIONS ON HOW PEOPLE ARE ABLE TO USE THEIR PROPERTIES, INCLUDING AND THIS SHOULD NOT BE A DISCUSSION ABOUT SHORT TERM RENTALS.
OF COURSE, WE KNOW WHAT A DESIGNATION OF R0 WOULD LEAD TO.
BUT AGAIN, THERE IS QUITE A BIT OF LITIGATION OUT THERE.
WE MAY SEE SOME LEGISLATIVE CHANGES IN THE FUTURE REGARDING SHORT TERM RENTALS AND A CITY'S ABILITY TO REGULATE THAT, TYPE OF ENDEAVOR.
BUT IT'S AN INTERESTING AREA, AND I'M JUST GOING TO SIT BACK AND LISTEN TO THE THOUGHTS.
THERE REALLY ISN'T MUCH MORE THAT I CAN ADD TO IT.
SO UNLESS TIM OR ANY OTHER PLANNING STAFF HAVE ANYTHING ADDITIONAL THAT THEY WOULD LIKE TO ADD.
I GUESS I WOULD JUST BRING UP THE GENERAL POINT THAT, AS DONNA MENTIONED, THERE IS LEGISLATION OUT THERE THAT IS QUITE RESTRICTIVE ON ANY CITY'S ABILITY TO RESTRICT THE ABILITY TO RENT.
AND IT'S A SITUATION THAT WERE YOU TO COME UP WITH ADDITIONAL REGULATIONS THAT WERE TO MAKE IT MORE ONEROUS, I THINK INCREASES THE CITY'S LIKELIHOOD THAT WE WOULD GET SUED AND PERHAPS LOSE OUR ABILITY TO REGULATE AT ALL IN SOME OF THIS SENSE.
SO IT'S A VERY IT'S A DELICATE SOURCE OF LAND USE LAW THAT THAT I THINK IS CONSTANTLY CHANGING, CONSTANTLY EVOLVING.
AND AS DONNA SAID, YOU KNOW, WE MAY SEE MORE LEGISLATIVE PRIORITIES ADDED TO IT, BUT JUST BE AWARE THAT IT'S A LITTLE BIT RISKY TO ESPECIALLY DO ANYTHING THAT MAY MIGHT MAKE THIS A LITTLE BIT MORE ONEROUS THAN IT IS.
PERHAPS COUNCIL MEMBER LISTOWSKI, YOU COULD DO A BETTER JOB THAN I DID ON ADDING MY AGENDA ITEM, AND YOU COULD ADD AN AGENDA ITEM ON THE COUNCIL WORKSHOP THAT DIDN'T JUST SAY R0 ZONINGS, BUT THAT SAID RO ZONINGS AND DISCUSSION OF STRS SO THAT YOU COULD HAVE A MORE BROAD DISCUSSION WITH COUNCIL THAT MIGHT ALLOW YOU TO GET THEM TO GIVE YOU SOME DIRECTION OF WHAT THEY MIGHT WANT US TO DO ON REVAMPING THE DEFINITIONS AND WHAT THEY WANT AN R0 TO FUNCTION AS HOW THEY WANT AN R0 DISTRICT TO FUNCTION FOR OUR CITY.
[01:45:01]
YOU KNOW, WE HAD IN THE LAST LAST MEETING, WE HAD TWO VASTLY DIFFERENT SIZED NEIGHBORHOODS THAT CAME BEFORE THIS COMMISSION AND THEY'LL BE BEFORE YOU AT THAT EXACT MEETING.YOU KNOW, ONE WHERE YOU HAD TWO HUNDRED AND FIFTY SIGNATURES AND ONE WHERE YOU HAD, YOU KNOW, 22.
ONE A PLATTED SUBDIVISION, ONE NOT ONE WEST END ONE EAST END.
I MEAN USED FOR THE SAME REASON.
BUT HOW DOES COUNCIL WANT THAT USED GOING FORWARD? HAVE YOU HAD ANY DISCUSSIONS ABOUT IT? NOT ON A COUNCIL LEVEL.
I MEAN, THE LAST ONE OF THESE THAT WE SAW WAS THE FAIRVIEW AREA AT COUNCIL, AND THAT'S BEEN A WHILE BACK NOW.
SO WE'VE GOT NEW MEMBERS AND DEFINITELY THEY HAVEN'T SEEN ONE OF THESE BEFORE.
WE'RE GOING TO GET ONE HERE AT OUR NEXT MEETING OR ON THE 28TH, SO WE'LL DEFINITELY GET A GOOD TAKE ON QUESTIONS THAT COUNCIL WILL HAVE AT THAT TIME.
AND I CAN ASK QUESTIONS AT THAT MEETING AND IF I NEED TO, I CAN PUT SOMETHING ON THE AGENDA FOR THAT MEETING AS WELL.
HAVE A LITTLE BIT OF DISCUSSION ABOUT THEM.
I THINK IN THE PAST WE HAVE SEEN SOME OPPOSITION, OF COURSE, ON SOME OF THESE, BUT EVEN THESE LAST ONES, WE DIDN'T SEE A LOT OF OPPOSITION.
YOU KNOW, THERE WERE DEFINITELY A COUPLE, A COUPLE OF PEOPLE THAT SPOKE IN OPPOSITION, BUT OUT OF THE, YOU KNOW, 300 PLUS IN ONE NEIGHBORHOOD AND THEN, YOU KNOW, OUT IN PLANNING.
I DON'T KNOW IF THERE WAS ANY OPPOSITION OUT THERE.
I THINK WHAT WE HAVE IN PLACE IS WORKING.
I DO HAVE SOME QUESTIONS, THOUGH, ABOUT, YOU KNOW, SIZE THE BOUNDARIES OF THESE WHEN THEY COME TO US AND AND THEN ALSO ABOUT HOW WE ARE JUST VERIFYING THE PETITION WHEN IT GETS TO US AS WELL.
I MEAN, THOSE ARE THE TWO REAL QUESTIONS THAT I'VE HEARD THE MOST AND IN SOME OF THE PEOPLE THAT I HAVE TALKED TO THAT ARE IN OPPOSITION OF THESE.
DONNA MENTIONED SOME OF THAT, BUT.
AND I AGREE WITH EXACTLY WITH A POINT THAT AND I THINK RUSTY BROUGHT IT UP AT THE LAST MEETING.
WHAT IF YOU KNOW, FOUR PEOPLE IN A ROW JUST DECIDED, OH, HEY, LET'S BE RO.
YOU KNOW, AND RIGHT NOW, THERE'S REALLY NOTHING TO PROHIBIT THAT.
YOU KNOW WHAT IF AND SHOULD THERE BE.
WELL, YOU KNOW, WHEN IT COMES TO SOMETHING THAT SMALL, YOU CAN ALWAYS PLACE DEED RESTRICTIONS ON YOUR PROPERTY.
IT'S WHEN THOSE FOUR PEOPLE TRY TO BRING SOMEBODY ELSE IN TO THE MIX.
THAT MIGHT CAUSE A PROBLEM, AND SO IF THEY NEED SEVENTY FIVE PERCENT AND THERE'S FOUR OF THEM AND THEY'RE TRYING TO GET FIVE PIECES OF PROPERTY AND THAT ONE PERSON DOESN'T WANT TO DO IT.
THAT'S WHERE THE PROBLEM COMES IN.
AND SO I DON'T KNOW, I MEAN, IT WOULD BE INTERESTING TO SEE IF THAT IF THAT DOES HAPPEN, YOU KNOW, ON MOST OF THESE NEIGHBORHOODS THAT HAVE GONE THIS ROUTE ARE FAIRLY ESTABLISHED.
I MEAN, THE FAIRVIEW ONE, YOU KNOW, IT'S DEFINITELY AN ESTABLISHED NEIGHBORHOOD THERE, BUT IT IS NOT I DON'T THINK THAT NEIGHBORHOOD WAS PLATTED AS IN THE BOUNDARIES OF WHAT GOT BROUGHT TO THE PLANNING COMMISSION AND COUNCIL.
YOU KNOW, THE [INAUDIBLE] PLANNING THAT WAS PLATTED AS THAT SECTION.
SO THOSE BOUNDARIES WERE KIND OF CONCEIVED BY THE DEVELOPER PLATTED THAT WAY.
AND THEN THEY WERE CHANGED AS A WHOLE.
WE COULD SEE THIS PROBABLY MAINLY IN THE EAST END, BUT OTHER PLACES IN TOWN TOO WHERE YOU MIGHT GET A COUPLE OF BLOCK FACES THAT WANT TO TRY TO CHANGE THEIR ZONING CATEGORY, YOU KNOW, JUST A COUPLE OF BLOCK BASINS HERE AND THERE, AND THAT COULD BE PROBLEMATIC.
AND SO THERE PROBABLY NEEDS TO BE SOME MORE REGULATIONS REGARDING THAT.
[01:50:07]
NO, I WAS JUST GOING TO JUMP IN JUST FOR A LITTLE BRIEF ASIDE TO TALK A LITTLE BIT ABOUT SPOT ZONING, BECAUSE I KNOW THAT THAT WAS SORT OF BRIEFLY MENTIONED AS TO WHETHER OR NOT THIS TYPE OF MECHANISM IS IN REALITY, A SPOT ZONING TYPE OF MECHANISM.SO SPOT ZONING USUALLY OCCURS WHEN THERE'S A SMALLER LOT A SINGLE LOT OR A SMALLER PARCEL OF LAND THAT'S IN AN EXISTING NEIGHBORHOOD, BUT IT'S SINGLED OUT IN PLACE EITHER IN A DIFFERENT ZONE OR SOMETHING DIFFERENT FROM THE NEIGHBORING PROPERTIES.
AND SO THE DEED RESTRICTION MECHANISM THAT COUNCILMAN JUST MENTIONED IS TOTALLY FINE.
IF SOMEBODY WANTS TO DEED RESTRICT THEIR OWN PROPERTY, THAT'S FINE.
BUT IF ONE PERSON WANTED TO TRY AND CHANGE THE ZONING TO THAT.
I HATE TO JUST SAY THE FOUR LOTS THAT WE WERE JUST TALKING ABOUT, BECAUSE TO SOME THAT COULD MEAN A LITTLE.
BUT TO SOME IT COULD MEAN A LOT.
THAT COULD BE AN ISSUE THAT COULD BE AN ISSUE.
IF THE ZONING THAT'S ADJACENT TO IT IS DIFFERENT, IF ESPECIALLY IF IT'S GOING IF YOU WANT TO DO AN R0 BESIDE A COMMERCIAL LIGHT INDUSTRIAL, YOU KNOW, SURROUNDED BY THAT, CLEARLY I WOULD SAY, YEAH, YOU KNOW, THAT'S MORE AKIN TO A SPOT ZONING TYPE OF SITUATION.
BUT WHAT WE HAVE HERE ARE R1 AREAS WANTING TO WHICH IS RESIDENTIAL BEING A LITTLE BIT MORE RESTRICTIVE BY GOING TO THE R0.
THAT IN ITSELF WOULDN'T NECESSARILY BE SPOT ZONING.
AND TO THAT POINT, LAST MEETING, I WAS TRYING TO REALLY MIND MY P'S AND Q'S ON THAT SINCE I HAD A CONFLICT ON THE CASE THAT WAS COMING UP AFTER THAT.
AND CASE IN POINT ON THAT, YOU KNOW, RUSTY, YOU HAD A QUESTION ABOUT THAT.
THE SPOT ZONING SPECIFICALLY AND GOING FROM AN R1 TO AN R0, OR LET'S JUST SAY SOMETHING IS GOING FROM A R1 TO COMMERCIAL.
THERE HAVE TO BE SIGNS POSTED AND EVERYTHING.
EVEN IF SOMETHING'S GOING TO BECOME A PUD, THERE HAVE TO BE SIGNS POSTED.
BUT TO GO FROM AN R ONE TO AN R0, THEY DON'T EVEN POST SIGNS BECAUSE IT IS JUST GOING FROM RESIDENTIAL TO RESIDENTIAL.
PUTTING A RESTRICTION OF USE ON PROPERTIES.
SO LOOK, YOU KNOW WHAT, DONNA THANKS FOR LOOKING THAT STUFF UP AND I DID WHEN I DID SEND IT TO YOU, THE VERY FIRST SENTENCE WAS, YOU'RE THE ATTORNEY.
THERE IS NO QUESTION THAT, YOU KNOW, I DON'T FEEL COMFORTABLE AS A COMMISSIONER MAKING DECISIONS THAT I FEEL HAVE A LOT OF LEGALESE TO THEM.
AND THIS IS AND THIS IS ONE OF THEM.
SO, YOU KNOW, YOU'RE GIVING US SOME CLARITY ON IT.
I WISH I WAS ABLE TO GIVE YOU MORE CLARITY.
IT'S A COMPLICATED ISSUE, AND WE'RE NOT THE ONLY GUYS DEALING WITH THIS.
I JUST DON'T LIKE USING ZONING AS A MECHANISM TO REGULATE SHORT TERM RENTALS, AND I THINK THAT'S WHAT WE'RE DOING.
AND I THINK WE GOT TO REALLY, REALLY BE CAREFUL WITH THAT.
SHORT TERM RENTALS AREN'T THE ROOT OF ALL EVIL.
STAY ON R0, RUSTY STAY ON R0 WATCH OUR AGENDA ITEM, OUR AGENDA ITEM.
YOU KNOW, HEY, IT'S COMPLICATED, IT'S IT'S A VERY, VERY TOUGH ONE.
AND THIS ADDITIONAL ISSUES THAT ARE GOING TO MAKE IT EVEN MORE COMPLICATED.
VICE CHAIR BROWN, YOU HAD YOUR HAND UP.
TIM, YOU MENTIONED A LITTLE EARLIER THAT LEGISLATION OUT THERE IS VERY RESTRICTIVE ON LOCALITIES HAVING LOCAL CONTROL.
DO YOU THINK THAT OUR CURRENT WAY OF CONTROLLING SHORT TERM RENTAL IS BY CHANGING THE ZONING FROM R1 TO R0? DO YOU THINK THAT THAT KIND OF WAY OF LOCAL CONTROL IS ON THE RADAR OF THE CURRENT [INAUDIBLE] LEGISLATION? WELL, I MEAN, TIM CAN DEFINITELY ANSWER, BUT I'M JUST GOING TO SAY ABSOLUTELY, IT ABSOLUTELY IS.
SO THE WAY WE'RE OPERATING NOW IS AT RISK.
AND FROM THE STANDPOINT OF THAT'S WHY I SAID THE MORE ONEROUS, YOU KNOW, ANY CITY COMES
[01:55:01]
UP WITH A SET OF REGULATIONS THAT THAT'S MORE ONEROUS THAN THEY CURRENTLY HAVE.THE THINGS THAT YOU'RE TALKING ABOUT.
CLARIFICATION, SIZE, THOSE KIND OF THINGS.
I DON'T, YOU KNOW, I DON'T THINK THOSE INHERENTLY WILL NECESSARILY DRAW ATTENTION BECAUSE THEY'RE REALLY MORE JUST TRYING TO CLARIFY THINGS THAT ARE ALREADY PART OF THIS ORDINANCE AND ARE CONSIDERED, YOU KNOW, IN IT EVERY DAY, YOU KNOW, THEY'D HAVE TO BE CONSIDERED IN ANY APPLICATION.
BUT YEAH, I DEFINITELY THINK THAT THAT WE HAVE TO BE VERY CAREFUL ON ANYTHING WE DO GOING FORWARD.
BUT ZONING AS A TOOL FOR QUOTE REGULATING IS, I GUESS NOT IS MORE ACCEPTABLE THAN OTHER WAYS OF DOING IT, I GUESS, BECAUSE IT'S SO COMMON.
WELL, I WOULD SAY THAT ZONING DEFINITELY IS A TOOL TO ENHANCE THE THE NATURES OF NEIGHBORHOODS AND, YOU KNOW, ET CETERA, ET CETERA, ALONG THOSE LINES.
BUT AND DOES IT, DOES IT REGULATE IN MANY WAYS? OF COURSE IT DOES.
IT RESTRICTS CERTAIN TYPES OF USES.
IT ALLOWS CERTAIN TYPES OF USES.
SO THAT IN ITSELF IS REGULATION.
BUT YOU CAN ONLY GO BY SO FAR, ESPECIALLY WITH THE STATE WHEN THEY SAY, OH, YOU KNOW, IN TEXAS IS, YOU KNOW, I'M A RELOCATE.
AND I DISCOVERED THAT IN TEXAS, PEOPLE LOVE THEIR PROPERTY.
THEIR PROPERTY RIGHTS IS HUGE.
AND SO WHEN YOU START INFRINGING ON SOMEONE'S PROPERTY RIGHTS, YOU KNOW, IT'S DICEY.
BECAUSE I'M LOOKING AT THE CRITERIA THAT IS FROM THE [INAUDIBLE] STAFF REPORT TO THE CHANGE IN ZONING AND THERE, I MEAN, THERE'S CRITERIA THAT KIND OF LOOKS LIKE REGULATION.
THE COMMERCIAL USES AND SHORT TERM RENTALS ARE PROHIBITED.
I MEAN, THAT'S ONE RIGHT THERE.
NEIGHBORHOOD MUST BE SIMILAR IN DESIGN AND CHARACTER.
THAT'S KIND OF A REGULATION STATEMENT.
SO I GUESS MY OTHER QUESTION WOULD BE HOW DO YOU CHANGE THE CRITERIA IN A ZONING AREA OR HOW DO YOU APPLY THE CRITERIA? HOW DO YOU MAKE UP THE CRITERIA AND APPLY IT IN A ZONING AREA? WE SHOULD HAVE BEEN THERE FOR THE LDRS IN 2015.
DID I SAY THAT OUT LOUD? OH MY GOODNESS.
TIM, I'LL LET YOU ANSWER THAT.
[LAUGHTER] WELL, IT'S AN EXCELLENT QUESTION, AND I'M NOT SURE THAT LITERALLY ANYBODY IN THE STATE HAS AN ANSWER TO THAT BECAUSE, YOU KNOW, YOU COULD GET A REAL, YOU KNOW, A COUNCIL WHO'S REALLY GUNG HO ON TRYING TO SET SOME THINGS IN MOTION ALONG THESE LINES AND PUTS A REALLY EXCELLENT ORDINANCE TOGETHER.
AND IN THAT ORDINANCE MAY WELL DO EXACTLY WHAT THEY INTENDED IT TO DO.
AND THEN IT COULD BE OVERTURNED.
SO I'M NOT SURE THAT THERE'S A LINE, SO TO SPEAK, OF WHAT IT IS THAT WOULD BE DEEMED, YOU KNOW, OVERLY REGULATORY OR WHAT HAVE YOU.
BUT I THINK AS LONG AS YOU USE A PROCESS THAT YOU KNOW, KIND OF ANALYZES ALL LAND USE IN CONTEXT OF WHAT'S AROUND IT, YOU KNOW, YOU'RE GOING TO BE BETTER OFF THAN DOING SOMETHING SORT OF IN ISOLATION GEOGRAPHICALLY, AT LEAST.
BUT THAT'S A VERY TOUGH QUESTION, AND I'M NOT SURE THAT THERE REALLY IS AN ANSWER FOR IT BECAUSE WE DON'T KNOW THE MOST BENIGN CHANGE COULD RESULT IN SOMEBODY AT THE STATE OR SOMEWHERE ELSE THINKING THAT THERE'S YOU KNOW, THAT WE'VE OVERSTEPPED A BOUNDARY OF SOME SORT OR A LEGISLATURE, FOR EXAMPLE, THINKING THAT WE OVERSTEPPED THE BOUNDARY BASED UPON THEM HEARING FROM ONE OF THEIR CONSTITUENTS.
IT'S A VERY I THINK IT'S JUST A DELICATE ISSUE.
WE ARE NOT GOING TO GET OFF THE CASE WITH THIS PARTICULAR ITEM, BUT WE HAD SOME SIMILAR THINGS REGARDING FIREARMS IN OUR ZONING ORDINANCE AND WHERE YOU COULD PRODUCE THAT AND
[02:00:01]
WHERE YOU COULD BUILD IT, USE IT, SELL IT, THAT KIND OF THING THAT JUST I'M NOT GOING TO GET INTO IT BECAUSE IT'S NOT A POSTED ITEM.BUT THERE ARE THINGS IN STATE LAW THAT REALLY GET TO A POINT THAT YOU CAN'T EVEN SECOND GUESS WHAT MIGHT COME OF IT.
I DO WANT TO SAY THAT REGARDING R0, THOUGH, THAT YOU KNOW, EVERYTHING WE DO IS NOTICED UP PUBLIC HEARINGS.
YOU KNOW, EVERYTHING IS DONE VERY OUT IN THE OPEN.
IT'S ALL A VERY TRANSPARENT PROCESS.
AND SO IT DOES HAVE THAT GOING FOR IT.
SO I GUESS COUNCIL MEMBER LISTOWSKI WHAT I WOULD LIKE, PLEASE, SIR, IS TO PUT YOU IN THE HOT SEAT.
[LAUGHTER] NO IS IF YOU WOULD KIND OF FEEL OUT FROM COUNCIL AND SEE IF THERE IS WORK THAT THEY THINK THAT WE NEED TO DO TO SEE IF WE NEED TO TIGHTEN THIS DOWN ANYMORE, IF WE NEED TO TWEAK R-0, LET US KNOW IF THEY WANT TO GIVE US WORK TO DO.
DO THEY WANT TO TASK US WITH SOMETHING.
COMMISSIONER WALLA? LET ME JUST ADD TO THAT TO BE A LITTLE MORE SPECIFIC.
WHY DON'T IS THERE SOMETHING THAT WE CAN ADD TO WHERE WE CHANGE FROM R1 TO R0, AS IF I'M NOT MISTAKEN, REALLY, THE ONLY CHANGE RIGHT NOW IS ELIMINATE SHORT TERM RENTALS, AND I DON'T WANT TO GET INTO THAT, BUT MAYBE WE CAN ADD SOME OTHER DEALS THERE.
AND AT A MINIMUM, I WOULD REALLY LIKE TO SEE US HAVE A MINIMUM NUMBER OF SIGNATURES REQUIRED.
MAYBE IT'S 50, MAYBE IT'S SEVENTY FIVE, BUT I DON'T WANT TO SEE THIS GET ABUSED.
AND I THINK AT A MINIMUM, MAYBE THAT WOULD KIND OF HELP US OUT A LITTLE BIT IS THAT, HEY, WE NEED TO HAVE A MINIMUM NUMBER OF SIGNATURES IN ORDER FOR US TO PROCEED WITH DOING THAT.
AND I DON'T KNOW WHAT THE MAGIC NUMBER IS.
BUT THERE ARE A FEW OTHER THINGS.
THERE ARE NEIGHBORHOOD GARDENS.
THERE'S SOMETHING ABOUT HOME BASED BUSINESS, CATHERINE.
THAT'S RIGHT, THERE ARE A COUPLE OF DIFFERENCES BESIDES SHORT TERM RENTALS, SO THERE IS ALLOWED IN R1, BUT NOT R0 IS AGRICULTURE, URBAN FARMING, COMMUNITY GARDEN, SHORT TERM RENTAL, RECREATION, INDOOR AND RECREATION OUTDOOR AND THEN HOME BASED OCCUPATION IS A LIMITED USE, WHICH MEANS IT COMES WITH SOME ADDITIONAL RESTRICTIONS AND DUPLEX KIND OF CONVERSELY IS LIMITED IN R1 AND NOT ALLOWED IN R0.
IF WE COULD JUST DO IT A MINIMUM.
I DON'T WANT TO SEE THIS GET ABUSED WHERE WE GOT, OK, THERE'S 10 PEOPLE IN OUR NEIGHBORHOOD AND THEY'RE MAD AT EVERYBODY ELSE.
AND I DO THINK THAT WE HAVE TO BE CAREFUL ABOUT MINIMUM NUMBER OF SIGNATURES, FOR EXAMPLE.
IF YOU HAVE A PLATTED NEIGHBORHOOD WITH AN HOA THAT IS ONLY 30 LOTS, YOU CAN'T SAY THEY HAVE TO HAVE 50 SIGNATURES TO GET THEIR NEIGHBORHOOD CHANGED TO R0.
AND I DON'T THINK YOU NEED TO DO THAT, SO.
I JUST DON'T WANT TO SEE YOU GET ABUSED BE AN AND, OR MAYBE SO.
YES, I THINK WE'RE MISSING SOMETHING HERE.
WE CAN'T LIMIT THIS DISCUSSION TO R0 BECAUSE WHERE THIS PROBLEM IS REALLY THE WORST IS IN THE EAST END, WHO CAN'T QUALIFY FOR AN RO THAT LEAVES NO REMEDY AT ALL FOR THEM.
SO I THINK THE DISCUSSION HAS GOT TO BE MORE GENERIC THAN SIMPLY LEAVING IT AT RO.
IT HAS TO BE MORE ABOUT HOW DO WE REGULATE STRS R0 CAN CERTAINLY BE PART OF THAT, BUT IT CAN'T BE RESTRICTED TO THAT.
OK, WELL, TIME OUT, WHY CAN THE EAST END NOT QUALIFY LOOKING AT THE CRITERIA FOR RO FROM OUR LAST [INAUDIBLE]? IT SAYS DANGEROUS AND DILAPIDATED STRUCTURES, THE PLANNED MUNICIPAL CODE MUST NOT BE PRESENT WITHIN THE PROPOSED BOUNDARY R0.
THERE'S A WHOLE LOT OF ABANDONED AND RUNDOWN STRUCTURES IN THE EAST END.
COMMERCIAL USES AND SHORT TERM RENTALS ARE PROHIBITED.
THERE'S ALREADY A LOT OF COMMERCIAL USES AND SHORT TERM RENTALS IN THE EAST END.
SO WHAT I'M SAYING IS THERE'S A LOT OF THINGS THAT DISQUALIFIED THE EAST END AS A NEIGHBORHOOD.
IF YOU, YOU KNOW, NOW AGAIN, THAT'S A WE DON'T KNOW WHAT, HOW YOU DEFINE THE BOUNDARIES OF IT.
BUT IF WE SAY EAST END THE HISTORIC DISTRICT, FOR INSTANCE, AS A WHOLE WOULD
[02:05:05]
NEVER QUALIFY WITH JUST THOSE TWO THINGS RIGHT THERE.BUT RIGHT WHERE I LIVE RIGHT NOW, THERE'S TWO OF THEM.
[INAUDIBLE] THAT'S WITHIN 75 FEET OF ME.
AND THERE'S ANOTHER ONE ACROSS THE ALLEY THAT'S WITHIN 30 FEET OF ME RIGHT NOW.
SO THAT'S THREE NEIGHBORS GONE.
ALL FROM THOSE THREE HOUSES IS A BUNCH OF NOISE AND STRANGERS ON WEEKENDS.
SO THE DENSITY OF THEM IS A PROBLEM FOR NOT ONLY ME, BUT A LOT OF PEOPLE SPEAKERS] WATCH R0 KEEP IT ON R0.
BUT GIVEN THOSE CRITERIA, I COULDN'T QUALIFY BECAUSE I'VE ALREADY GOT SHORT TERM RENTALS AND I'VE ALREADY GOT SOME DILAPIDATED HOUSES.
THERE'S ANOTHER HOUSE DOWN THE STREET FROM ME THAT HADN'T BEEN OPENED UP SINCE HURRICANE.
SO THERE ARE SOME THINGS AT THIS [INAUDIBLE] AREAS THAT WOULD NEVER BE ABLE TO DO R0 EVEN THOUGH THERE'S A CLEAR AND NEED FOR IT.
WELL, THERE'S GOT TO BE [INAUDIBLE] WAYS OF DOING IT.
IF I MAY, I THINK WE ARE MIXING APPLES AND ORANGES, EVEN THOUGH IT'S ALL FRUIT.
I WILL ALSO MAKE A COMMENT THAT YOU KNOW, PART OF THIS ZONING ISSUE REALLY IS DEPENDENT UPON THE CITY'S COMPREHENSIVE PLAN.
AND I WILL MAKE A NOTE, AND I BELIEVE AND TIM CAN HOPEFULLY CONFIRM THIS, THAT THE COMPREHENSIVE PLAN NEEDS TO BE REVIEWED.
AND SO THESE ARE ASPECTS THAT CAN ALSO BE REVIEWED DURING THAT PROCESS AS WELL, ESPECIALLY WHEN WE'RE TALKING ABOUT WHOLESALE ZONING, WHOLE TYPES OF ZONING CHANGES OR, YOU KNOW, WHAT IS THE GOAL OF THE CITY? WHAT IS THE FUTURE FUTURISTIC LOOK? WHAT IS IT THAT THE FOLKS WANT THE CITY TO LOOK LIKE? AND I THINK THIS CONVERSATION CAN REALLY GO INTO MORE DEPTH WITH THAT AND DEAL WITH, YOU KNOW, WE'RE NOT STR IS A BAD WORD.
JUST LIKE SHALL I DARE SAY GOLF CARTS WAS A BAD WORD, BUT STRS IS A BAD WORD RIGHT HERE.
BUT YOU KNOW, THERE ARE OTHER AVENUES TO HAVE THAT DISCUSSION.
SO COMMISSIONER BROWN, I THINK YOU'RE RIGHT WHEN YOU'RE SAYING WE'RE TALKING REALLY TWO DIFFERENT THINGS.
IF YOU WANT TO KEEP IT AN R0, I THINK WE'VE GIVEN COUNCILMAN LISTOWSKI SOME IDEAS AND SOME THOUGHTS TO TAKE BACK.
BUT I WILL SAY, I THINK THERE ARE SOME MECHANISMS THAT THE CITY HAS.
AGAIN, THE REVIEW OF THE COMPREHENSIVE PLAN.
LISTENING TO WHAT CITY COUNCIL HAS TO SAY WHEN THESE TWO CASES COME UP, I WANT TO SAY I THINK THEY'RE COMING UP ON THE 28TH AND GETTING SOME FEEDBACK THAT WAY.
AND I'M GOING TO STOP TALKING.
SO WE DID BUDGET IN THE LATEST BUDGET TO REVIEW THE COMP PLAN, SO THAT SHOULD BE COMING UP SOON.
BUT LET ME GET SOME CLARIFICATION ON.
KIND OF THE ISSUES THAT WE WANT TO FOCUS ON WITH THE CRITERIA FOR R0.
AND THE THINGS THAT I'VE BEEN HEARING ARE WHAT MAKES UP THE BOUNDARY YOU KNOW, A NUMBER OF SIGNATURES OR LOTS WITHIN THAT BOUNDARY.
USES OF R0 WITHIN R0, AND THEN ONE THING THAT I HAVE A QUESTION ON TOO IS VERIFICATION OF SIGNATURES, AND I THINK DONNA MENTIONED THIS EARLIER IN OUR DISCUSSION, BUT I WANTED TO GET SOMETHING CLARIFIED.
IS THERE ANYTHING WHEN PEOPLE GO OUT TO PETITION FOR AN R0 WITHIN THEIR NEIGHBORHOOD? IS THERE A STANDARD LANGUAGE THAT THEY HAVE TO USE FOR THAT PETITION? YEAH STAFF PRODUCES THE PETITION, AND WE PROVIDE IT TO THE MEMBERS OF THE NEIGHBORHOOD WHO ARE GOING TO BE DOING THE PETITIONING PROCESS.
AND I HAVE A SAMPLE HERE THAT I CAN JUST SHOW ON THE SCREEN.
SO THIS IS THE FRONT OF THE PETITION, AND IT'S INDICATING THAT THE REQUEST IS TO CHANGE TO R0.
AND THEN ON THE BACK OF THE FORM IS THE MAP, AND THE CODE SAYS THAT THE PETITION HAS TO INCLUDE A MAP THAT CLEARLY OUTLINES THE BOUNDARIES.
AND SO THAT LANGUAGE IS THAT JUST DICTATED BY CITY STAFF AND CITY ATTORNEY OR IS THERE ANY STATE LANGUAGE THAT HAS TO GO ALONG WITH ANY OF THIS? THAT'S LANGUAGE THAT WAS DEVELOPED BY STAFF AND THEN REVIEWED BY LEGAL.
THERE'S NO STATE LAWS THAT APPLY TO THIS OR ANYTHING LIKE THAT THAT.
[02:10:05]
NOT THAT I'M REQUIREMENT.AM I CORRECT WITH THAT, CATHERINE? NO, THE STATE, THE PERCENTAGE IS A LOCAL REQUIREMENT.
SO 75 PERCENT IS OUR LOCAL REQUIREMENT.
DO YOU KNOW IN WHETHER OR NOT WHEN THE PETITION IS SENT AROUND THAT THERE'S ANOTHER WAY FOR FOLKS THAT WANT TO SIGN THE PETITION TO KNOW WHAT'S GOING TO BE ALLOWED OR NOT ALLOWED IF THEY CHANGE THEIR ZONING.
WHEN WE MEET WITH THE REPRESENTATIVES FROM THE NEIGHBORHOOD, WE DO GO OVER WHAT THE DIFFERENCES ARE AND OH, STRESS THAT IT'S NOT JUST LIMITED TO SHORT TERM RENTALS, THAT THERE ARE OTHER DIFFERENCES.
SO THAT'S THE INFORMATION THAT WE PROVIDE TO THE REPRESENTATIVES FROM THE NEIGHBORHOOD.
AND THEN WE ARE AVAILABLE FOR ANY MEMBERS OF THE PUBLIC TO ANSWER QUESTIONS OF.
AND SO WE OFTEN GET REFERRALS FROM THOSE FOLKS WHO ARE GATHERING THE PETITION.
TO THE PROPERTY OWNERS, AND THEN THEY CALL US AND WE TALK TO THEM ABOUT IT.
AND THEN ONE OTHER CRITERIA, THE KIND OF THE CRITERIA THAT MAYBE BOB BROUGHT UP IS DO CERTAIN AREAS OF TOWN NOT MEET THE CRITERIA TO GO TO R0? AND I GUESS A QUESTION TO STAFF ON THAT AREA ALSO IS, YOU KNOW, IN MY OPINION, SOME OF THE EAST END WOULD MEET THIS CRITERIA, BUT I'M KIND OF, YOU KNOW, WE TALK ABOUT DILAPIDATED STRUCTURES AND SOME OTHER THINGS THAT MIGHT NOT MEET THE CRITERIA FOR COMMERCIAL ZONING.
SO I GUESS IF STAFF CAN GIVE ME A LITTLE BIT OF BACKGROUND ON, YOU KNOW, IF A NEIGHBORHOOD WITHIN THE EAST END, MAYBE ONE OF THE HISTORICAL DISTRICTS WOULD THAT AREA [INAUDIBLE] SORRY MR. LISTOWSKI, YOU'VE FROZEN UP A LITTLE BIT.
I WOULD SAY WHILE WE'RE WAITING FOR MR. LISTOWSKI TO RETURN THAT I THINK WE USED THE TERM EAST END IN MANY DIFFERENT WAYS.
I'M BACK, SO I DON'T KNOW WHERE I GOT CUT OFF THERE.
BUT ARE THERE COULD STAFF GIVE ME SOME GUIDANCE ON TAKE ONE OF THE HISTORICAL DISTRICTS? WOULD ONE OF THOSE AREAS BE COULD QUALIFY FOR AN R0 DESIGNATION? SURE.
AND I WAS JUST SAYING THAT WE USE THE TERM EAST END.
I THINK A LOT OF PEOPLE HAVE DIFFERENT MEANINGS FOR THAT.
SOME PEOPLE IT MEANS EAST OF 61ST STREET, SOME PEOPLE IT MEANS EAST OF 25TH STREET.
GENERALLY, WHEN I SAY EAST END, I MEAN THE EAST END HISTORIC DISTRICT.
THAT'S AN ESTABLISHED HISTORIC DISTRICT AND AN AREA WITH AN ESTABLISHED NEIGHBORHOOD ASSOCIATION.
I THINK IT MAY BE DIFFICULT FOR THE EAST END TO QUALIFY, ESPECIALLY WITH THE SEVENTY FIVE PERCENT REQUIREMENT TO BE SINGLE FAMILY OWNER OCCUPIED STRUCTURES, THE EAST END AND GENERALLY THE OLDER PARTS OF TOWN TEND TO HAVE HIGHER RATES OF NON OWNER OCCUPIED.
IT CAN BE, I THINK, THE LAST NUMBER THAT WE LOOKED AT, IT CAN BE UP TO 60 PERCENT.
YEAH, 60 PERCENT NON OWNER OCCUPIED.
SO I THINK THAT WOULD BE THE BIGGEST HURDLE.
SO SOMETHING LIKE SILK STOCKINGS, IT MIGHT BE HARD TO QUALIFY BECAUSE OF THAT ALONE.
YOU MIGHT NOT HAVE OWNER OCCUPIED REQUIREMENTS THERE.
I THINK SILK STOCKINGS WOULD HAVE A BETTER CHANCE THAN THE EAST END SILK STOCKING'S SMALLER, AND IT DOES TEND TO BE MORE OWNER OCCUPIED, AS DOES LOST BAYOU.
AND JUST TO RECAP THERE, I MEAN.
BOB, YOU GO AHEAD WHILE WE WAIT FOR THE COUNCIL MEMBER TO COME BACK.
WHAT CATHERINE SAID REALLY EXACERBATES THE PROBLEM BECAUSE THERE'S A LOT OF OWNER UNOCCUPIED SO THESE HOUSES ARE BOUGHT UP AT EXORBITANT PRICES AND TURNED INTO SHORT TERM RENTALS.
AND YOU KNOW, IT DILUTES THE QUALITY OF THE CULTURE OF A NEIGHBORHOOD.
YOU KNOW, ANOTHER THING TO THE POINT IS THE WAY IT IS SET UP NOW, I DON'T GUESS THERE'S ANYTHING STOPPING THE EAST END HISTORIC DISTRICT SAY, FOR INSTANCE, FROM CARVING OUT PLACES LIKE THAT ARE BUSINESSES LIKE THE SUNFLOWER AND CARVING OUT THOSE DILAPIDATED STRUCTURES OR CARVING OUT THOSE NON OWNER OCCUPIED PLACES AND THIS APPLYING FOR AN R0.
AND I THINK THAT THAT'S KIND OF THE POINT, COUNCIL MEMBER IS IF YOU CAN.
[02:15:07]
AND I THINK THAT THAT'S ALSO WHAT RUSTY WAS TALKING ABOUT LAST TIME.IT'S ALMOST LIKE GERRYMANDERING.
RIGHT? AND HOW DOES COUNCIL FEEL ABOUT THAT, YOU KNOW, ESPECIALLY WHEN YOU GET INTO CERTAIN NEIGHBORHOODS THAT MIGHT NOT BE ABSOLUTELY DEFINED BY STREET BOUNDARIES.
IT'S AN AREA RATHER THAN A NEIGHBORHOOD.
AND THEN YOU START GERRYMANDERING AROUND.
YOU JUST TAKE THE LESSON [INAUDIBLE] THE POLITICIAN PLAYBOOK AND GET EVERYBODY WHO'S ON YOUR SIDE AND THEN GO APPLY.
SO IF YOU COULD FILL THAT OUT AND LET US KNOW, WE'D REALLY APPRECIATE IT.
AND THEN JUST AS WE ADD TO THIS MASSIVE DISCUSSION LIST ITEM GOING FORWARD, CATHERINE AND TIM, WHEN YOU ALL THINK IT'S APPROPRIATE TO UPDATE US, PLEASE AND COUNCIL MEMBER LISTOWSKI ON THE COMPREHENSIVE PLAN, THAT WOULD BE GREAT.
WHEN YOU ALL FEEL LIKE YOU HAVE SOMETHING SUBSTANTIVE TO TELL US, THAT WOULD BE GREAT.
I GUESS JUST SOME DIRECTION HERE, I MEAN, I CAN GO TO COUNCIL AND ASK THEM, YOU KNOW, ABOUT WHAT DO THEY THINK OF BOUNDARIES AND LOTS WITHIN THESE BOUNDARIES AND USES AND STUFF LIKE THAT.
I DON'T REALLY THINK THEY MIGHT GIVE ME A LITTLE BIT OF FEEDBACK, BUT WITHOUT SOMETHING ON A STAFF LEVEL TO REALLY SAY, YOU KNOW, THESE ARE THE THINGS WE CAN OR CAN'T DO.
I'M NOT SURE IF I'M GOING TO REALLY BRING A WHOLE LOT BACK.
BESIDES THE FACT THAT THEY WOULD SAY, YES, THOSE THINGS NEED TO LOOK YOU KNOW, WE LOOK INTO THAT STUFF.
AND SO, YOU KNOW, I WOULD DEFER TO STAFF A LITTLE BIT IF THAT'S THE DIRECTION THAT STAFF WANTS ME TO GO.
BUT AGAIN, I THINK I WOULD COME BACK WITH THEM SAYING, YEAH, GO AHEAD AND GET US SOME MORE INFORMATION ON THAT AND BRING IT BACK TO US.
SO WELL, THEN TIM, CATHERINE, WHERE DO YOU FEEL LIKE WE SHOULD GO ON THIS? DO YOU FEEL LIKE WE SHOULD JUST PUMP THE BRAKES ON THIS FOR A LITTLE WHILE AND WAIT AND SEE ON THAT OTHER BIG PROJECT WHERE IT LEADS? WELL, I WILL SAY THAT THE COMPREHENSIVE PLAN IS THE APPROPRIATE SPOT TO BE HAVING SOME OF THESE DISCUSSIONS.
IT'S A POLICY LEVEL, IT'S HIGH LEVEL, IT'S NOT ORDINANCE BASED, BUT IT'S, YOU KNOW, SORT OF VISIONING AND, YOU KNOW, AND IN EXTENSION TO WHAT WAS DONE WITH VISION GALVESTON AND OTHER COMPONENTS.
BUT YOU KNOW, TO THE EXTENT THAT VISION GALVESTON HASN'T TAKEN CERTAIN THINGS ON, I THINK THAT'S SORT OF THE ROLE OF THIS COMP PLAN UPDATE AS WELL.
SO I THINK I THINK IT'S BOTH A MATTER OF WHAT PUBLIC INPUT WOULD WOULD WANT US TO DO, WHAT THEY STATE THEY MIGHT WANT US TO DO.
BUT I SEE COUNCILMAN LISTOWSKI'S POINT ABOUT HAVING SOMETHING A LITTLE BIT MORE SPECIFIC TO SORT OF TO GENERATE DISCUSSION BECAUSE IN ABSENCE OF THAT, IN ABSENCE OF THAT, WE REALLY JUST SORT OF REHASH THE THINGS THAT YOU'VE BEEN REHASHING HERE TODAY.
AND SO JOHN PAUL I'D BE HAPPY TO SIT DOWN WITH YOU.
AND MAYBE WE COULD SORT OF HAMMER OUT SOME OF THE MORE PERTINENT ITEMS THAT NEED TO BE, YOU KNOW, SORT OF BROACHED AT LEAST IMMEDIATELY.
AND THEN I THINK MORE OF THE GENERAL DISCUSSION AND CONCEPTS COME WITH THE COMP PLAN UPDATE.
YOU KNOW, I THINK WE CAN DEFINITELY LOOK AT THE BOUNDARY SITUATION IN THE LOTS WITHIN THE BOUNDARIES AND THE MINIMUM NUMBERS, MAYBE AND SEE IF WE CAN COME UP WITH SOME IDEAS THERE.
YOU KNOW, WE'VE GOT THESE CASES GOING BEFORE COUNCIL ON THE 28TH.
I'LL GET GOOD FEEDBACK WHEN WE START THOSE DISCUSSIONS ON THOSE TWO CASES.
I CAN BRING THAT INFORMATION BACK TO COUNCIL OR TO COMMISSION AS AFTER THAT.
AND THEN I'LL ALSO TALK TO DAVID COLLINS AND WILLIAM SCHUSTER, WHO ARE ON THE EAST END THERE AND KIND OF GET SOME FEEDBACK FROM THEM AS WELL ON HOW THEY WANT TO HANDLE, YOU KNOW, SHORT TERM RENTALS IN THAT AREA AND SEE IF THE R0 IS APPROPRIATE FOR THAT
[02:20:05]
AREA.COULD WE THEN PUT THIS BACK ON AS A DISCUSSION ITEM FOR THE WHAT WOULD IT, NOVEMBER 2ND MEETING? SO IT GIVES YOU A DISCUSSION ITEM TO BRING THOSE THOUGHTS BACK TO US COUNCIL MEMBER.
AFTER YOU HAD YOUR MEETING, AND LET'S PUT IT ON AS R0 AND SHORT TERM RENTAL DISCUSSION.
SO WE LEAVE OURSELVES A LITTLE BIT MORE OPEN TO NOT HAVING TO BE QUITE SO NARROW.
RUSTY THIS WAS THESE WERE TOPICS THAT YOU HAD SPECIFICALLY BROUGHT UP DURING THE LAST MEETING IS THIS ALL GOING TO MAKE YOU JUST PEACHY KEEN, HAPPY? WELL, OF COURSE.
OH YEAH, I KNEW I COULD TELL BY YOUR FACE THAT YOU WERE JUST AGAIN.
AND I JUST DON'T WANT TO KEEP BEATING THE SAME HORSE.
I DON'T WANT TO SEE THIS ABUSED.
SO THE THINGS YOU'RE TALKING ABOUT OR WHAT JOHN JUST MENTIONED, HOW HE'S GOING TO GET SOME GOOD FEEDBACK WHEN THOSE CASES ARE PRESENTED TO COUNCIL.
I THINK THE BOUNDARY LINES AND HOW THAT WORKS.
I'D JUST BE CURIOUS TO HEAR THAT BACK.
AND VICE CHAIR BROWN, I WAS GOING TO SUGGEST TO JOHN PAUL THAT YOU MIGHT WANT TO IN THE COUNCIL MEETING YOU MIGHT WANT TO DISCUSS MAYBE THE CREATION OF AN AD HOC COMMITTEE TO LOOK AT THIS IF THERE IS ENOUGH SUPPORT FOR THAT, BECAUSE I KNOW THERE'S BEEN A LOT OF PRESSURE ON MY END OF TOWN ABOUT DOING SOMETHING ABOUT THESE STRS, AND I KNOW DAVID COLLINS HAS BEEN HEARING IT AND SO HAS CRAIG BROWN.
HE'S BEEN HEARING IT, SO THAT MAY BE A DIRECTION THEY WANT TO HEAD.
I APPRECIATE JEFFREY PUTTING STRS IN THAT AGENDA ITEM ALONG WITH AN R0.
AND DONNA, I SEE THE BIG GUY STANDING THERE WITH YOU.
DID YOU ALL HAVE SOMETHING YOU WANTED TO ADD? NO.
[INAUDIBLE] A FRAMEWORK OF SHORT TERM RENTALS MAY WELL BEYOND YOUR SCOPE.
THERE ARE SEVERAL EXTREMELY HOSTILE SUPREME COURT AND APPELLATE CASES THAT MILITATE AGAINST YOU, AND YOU HAVE A LOCAL REPRESENTATIVE AT THE LEGISLATURE WHO POSITS THAT THE CITY ALREADY HAS ALL THE TOOLS IT NEEDS TO DEAL WITH SHORT TERM RENTALS.
NOW WE HAVE SOME IDEAS FOR THE FUTURE, BUT I AM NOT AT LIBERTY TO DISCUSS THEM.
WELL, HOPEFULLY WHEN YOU ARE AT LIBERTY.
I'M TRYING TO EXPLAIN THAT WHEN I PLUG IN, YOU CAN ONLY BE HEARD HERE.
I HAVE TO PLUG OUT SO HE CAN HEAR YOU.
WELL, HOPEFULLY WHEN YOU ALL DO HAVE SOMETHING TO REPORT, WE'LL BE RIGHT THERE AMONG THE FIRST TO KNOW.
ANYBODY ELSE HAVE ANYTHING? DO YOU ALL HAVE ANYTHING ELSE, DONNA? NO.
NOT ABOUT THIS TOPIC, BUT BEFORE WE LEAVE, I DO HAVE SOMETHING TO SAY.
TODAY IS NATIONAL NIGHT OUT, SO GET OUT AND VISIT WITH YOUR NEIGHBORS AND HOPEFULLY I WILL.
NONE OF Y'ALL LIVE IN MY DISTRICT.
STAN, YOU DON'T LIVE IN MY DISTRICT, THOUGH.
NO, I LIVE IN MARIE ROBB'S MARIE.
WELL, WON'T SEE Y'ALL, BUT GET OUT AND VISIT WITH YOUR NEIGHBORS.
AND STAN, DOES IT MAKE YOU WANT TO GO FLY A PLANE RATHER THAN SIT THROUGH ONE OF THESE MEETINGS? THAT'S WHAT I'M GOING TO DO JUST AS SOON AS WE SAY IT'S A CLOSE.
WITH NOTHING FURTHER STAFF, ANYTHING ELSE.
WE STAND ADJOURNED AT 5:55.
* This transcript was compiled from uncorrected Closed Captioning.