Feb 22, 2022 Planning Commission

[00:00:03]

GOOD AFTERNOON.

I'LL CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER THE 2-22-22 MEETING TO ORDER

[1. Call Meeting To Order]

[2. Attendance]

ARE THERE ANY ADDITIONS OR CORRECTIONS TO THE FEBRUARY 8TH MINUTES?

[4. Approval Of Minutes]

PUBLIC COMMENT FOR THIS MEETING WAS ACCEPTED IN WRITING.

I WILL ALSO BEFORE THE MEETING IN THOSE COMMENTS WERE DISTRIBUTED TO THE COMMISSIONERS AND WE HAVE HAD A CHANCE TO REVIEW THOSE COMMENTS.

ADDITIONALLY, WE WILL ACCEPT COMMENTS IN FROM THE PUBLIC, BOTH FOR AGENDA AND NON AGENDA ITEMS. AGENDA ITEMS WILL ACCEPT COMMENTS DURING THE PUBLIC HEARING FOR THOSE ITEMS. DOES ANYONE HAVE COMMENTS ON ANY NON AGENDA ITEMS? WE'LL HEAR THOSE COMMENTS NOW.

SEEING NO COMMENTS WE WILL MOVE FORWARD.

OUR FIRST ITEM OF BUSINESS IS CASE 22P-006 A CHANGE OF ZONING MR.

[6. A. 22P-006 (1 – 19, 21 – 46 Lakeview Dr) Request For A Change Of Zoning In Order To Designate The Lakeview Portion Of The Havre Lafitte Neighborhood As A Restricted Residential, Single-Family (R-0) Zoning District. Properties Are Legally Described As Hall And Jones Survey, Lots 1 – 19 & Lots 21 – 46, Havre Lafitte Lake-Front Sec, Havre Lafitte Subdivision, In The City And County Of Galveston, Texas. Applicant: Development Services Department]

PUBLIC NOTICES.

WE SENT SEVENTY-FOUR.

WE HAD SEVEN RETURNED.

FOUR OF THOSE WERE IN FAVOR AND THREE WERE OPPOSED.

THE EXECUTIVE SUMMARY, THE REQUEST IS TO DESIGNATE THE PROPERTIES COMMONLY KNOWN AS THE LAKEVIEW PORTION OF HAVRE LAFITTE AS A RESTRICTED RESIDENTIAL SINGLE FAMILY ZONING DISTRICT. THE AREA IS CURRENTLY ZONED RESIDENTIAL SINGLE FAMILY R1.

THE PRIMARY DISTINCTION BETWEEN THE R0 AND R1 ZONING DISTRICTS IS THE ABILITY OF PROPERTY OWNERS TO LEGALLY USE THEIR HOMES AS A SHORT TERM RENTAL DWELLING.

SHORT TERM RENTALS ARE NOT ALLOWED IN THE R0 ZONING DISTRICT.

AND THE CRITERIA TO ESTABLISH THE R0, I'D LIKE TO POINT OUT OF THE 75 PERCENT OF THE DWELLINGS MUST BE OWNER OCCUPIED AND ALSO 75 PERCENT OF THE PROPERTY OWNERS SHALL INITIATE THE PETITION.

FOR THIS REQUEST, EIGHTY-SEVEN PERCENT OF THE DWELLINGS WERE OWNER OCCUPIED AND 77 PERCENT OF THE PROPERTY OWNERS INITIATED THIS REQUEST.

A NOTE THE CRITERIA FOR APPROVAL IN YOUR STAFF REPORT AND CONFORMANCE, STAFF FINDS THAT THIS REQUEST TO BE CONSISTENT WITH THE CRITERIA TO ESTABLISH A RESTRICTED RESIDENTIAL SINGLE FAMILY R0 ZONING DISTRICT AND THE CHANGE OF ZONING APPROVAL CRITERIA AS PRESCRIBED IN THE LAND DEVELOPMENT REGULATIONS.

THE NEIGHBORHOOD WILL REMAIN SINGLE FAMILY AND ORIENTATION, HENCE NOT CREATING ANY ADVERSE EFFECT OR INCOMPATIBILITY ISSUES WITHIN THE AREA AND EXISTING SURROUNDING USES.

STAFF RECOMMENDATIONS STAFF RECOMMENDS APPROVAL OF THE PROPOSED ZONING CHANGE REQUEST TO R0 AND CITY COUNCIL HAS THE FINAL DECISION AUTHORITY AND WILL HEAR THIS REQUEST ON MARCH 24TH.

AT THE MARCH 24TH 2022 MEETING AND WE DO HAVE A MAP OF THE PROPOSED ZONING CHANGE AREA.

AND THAT CONCLUDES THAT REPORT STAFF REPORT.

THANK YOU, MR. MILBURN, COMMISSIONERS.

DOES ANYONE HAVE ANY QUESTIONS FOR STAFF? YES, SIR, VICE CHAIR BROWN.

YEAH. WHAT DOES THE WHEN YOU SEND OUT REQUESTS FOR INPUT ON THIS FROM THE AREA? WHAT WHAT DO YOU SEND THEM? BECAUSE SOME OF THE COMMENTS CAME BACK THAT DIDN'T REALLY MAKE A LOT OF SENSE TO ME.

YEAH, AND I READ THROUGH THE COMMENTS.

WELL, FIRST OF ALL, TO ANSWER YOUR QUESTION, WE SEND TO THE PROPERTIES THAT ARE WITHIN 200 FEET OF THE SUBJECT BOUNDARY.

AND ADDITIONALLY, WE SEND TO THE PROPERTIES THAT ARE WITHIN THE BOUNDARY.

OK. PERHAPS YOU MAY BE REFERENCING THE ONE PUBLIC COMMENT THAT WAS RETURNED THAT SAID, I AM OPPOSED, AND THE COMMENTS READ THAT THERE ARE TOO MANY STRANGE PEOPLE, VEHICLES AND DOGS.

COULD THAT BE THE COMMENT? THAT'S THE ONE. WELL, THAT YEAH, RIGHT? AND I THOUGHT THAT THERE WAS ALSO THE SAME DISCONNECT.

[00:05:06]

RIGHT, SO THAT PARTICULAR PROPERTY WAS ADDRESSED AS 15 LAKEVIEW, AND THEY DID RECEIVE THE NOTICE ALONG WITH THE MAP BOUNDARY.

ALL RIGHT. IT JUST CONFUSED, I GUESS.

THANK YOU. THANK YOU.

YES, COMMISSIONER EDWARDS.

SO. THANK YOU.

SO DID THE PARK THAT THE CITY GET WITH THE PARK BOARD AND FIND OUT WHAT THE PERCENTAGE OF STRONG OWNERS ARE IN THAT AREA ALREADY? BECAUSE I THOUGHT, DID HE SAY SEVENTY-FIVE PERCENT HAS TO BE LIVE IN OWNER OCCUPIED, RIGHT? SO DO WE ALREADY KNOW THAT THEY MEET THE STANDARD OR IS IT STANDARD TOO HIGH ALREADY? WELL, WHAT WE DETERMINE BASED ON THE RECORDS THAT WE USE IS THAT THE REQUIREMENT IS SEVENTY, A MINIMUM OF SEVENTY-FIVE PERCENT.

IN THIS CASE, THIS SECTION HAD AT LEAST 84 PERCENT OF THE PROPERTIES TO BE OWNER OCCUPIED.

ARE THERE ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THANK YOU, MR. MILBURN. WE'LL NOW OPEN THE PUBLIC HEARING ON 22-P06 AT 3:36 P.M.

THE CITY IS THE THE DEVELOPMENT SERVICES DEPARTMENT IS THE APPLICANT ON THIS ONE.

SO WE HAVE ALREADY HEARD FROM THE CITY.

SO MEMBERS OF THE PUBLIC, IS THERE ANYONE ON THIS SIDE WHO WOULD LIKE TO SPEAK? PLEASE COME FORWARD.

SIGN IN. YOU'LL HAVE THREE MINUTES TO SPEAK.

WELCOME AND THANK YOU FOR BEING HERE.

THANK YOU. I WON'T NEED THREE MINUTES.

I CAN ASSURE YOU. OH, YOU'LL BE SURPRISED AT HOW QUICKLY IT GOES BY.

I KEEP THINGS SHORT. IT'S EASY FOR ME.

I'VE BEEN SHORT ALL MY LIFE.

I'M MARK [INAUDIBLE], BEEN AT [INAUDIBLE] AND IN GALVESTON SINCE 1969.

WE HAVE A SHORT TERM RENTAL IN OUR STREET LAKEVIEW, THAT ZONE IS OUR STREET.

WE ARE. WE DON'T HAVE A HOMEOWNERS ASSOCIATION.

WE'RE NOT A PART OF HAVRE LAFITTE, HOA, IN SOME WAYS I WISH WE WERE BUT THIS GOES BACK TO THE 70S, I THINK.

AT ANY RATE WHEN WE SAW WHAT HAPPENED WITH THE SHORT TERM RENTAL AND THE COMMENT FROM 15 LAKEVIEW WAS ACTUALLY IN SUPPORT, THEY SIGNED THE PETITION.

WE HAD OVER SEVENTY FIVE PERCENT OF OUR FOLKS SIGNED THE PETITION IN FAVOR.

WHAT THEY WERE REFERRING TO WHEN THEY TALKED ABOUT ALL KIND OF CARS, ET CETERA, ET CETERA, WERE STRANGERS WHO WERE USING THE SHORT TERM RENTAL WEEKEND OR A WEEK, WHATEVER IN OUR NEIGHBORHOOD.

AND SO WE WENT TO THE PLANNING COMMISSION AND WE OWE A GREAT DEAL TO MR. MILBURN AND TO MS. GORMAN FOR MEETING WITH US ALONG WITH OUR CITY COUNCIL MEMBER.

AND THEY GUIDED US INTO THE WHAT WE NEEDED TO DO.

WE GOT THE SIGNATURES FOR THE PETITION AND THAT MAIL OUT CONFUSED ME THAT YOU'RE REFERRING TO BECAUSE ONCE WE GOT THE SIGNATURES WITH ALL THE INFORMATION DOCUMENTED THAT THEY ARE THE HOMEOWNERS, I DIDN'T REALLY SEE ANY REASON FOR THE FOLLOW UP LITTLE MAILING.

AND MANY PEOPLE WHO ARE FOR IT JUST DIDN'T SEND IT IN.

AT ANY RATE, WE DID HAVE THE SIGNATURES AND WE SIMPLY WANT TO KEEP SHORT TERM RENTALS OUT OF OUR NEIGHBORHOOD, OUR STREET.

AND THANK YOU AGAIN.

THAT'S ALL I HAVE TO SAY.

THANK YOU. NO, NO PUBLIC HEARING.

AND WHO ELSE WOULD LIKE TO SPEAK? ANYONE ELSE? PLEASE COME FORWARD.

SIGN IN. AND YOU ALSO HAVE THREE MINUTES.

GOOD AFTERNOON. I APPRECIATE THE ABILITY TO SPEAK TO MY FELLOW HOMEOWNERS, I LIVE AT FORTY-FOUR LAKEVIEW, WHICH IS AT THE BASE OF THE COVE.

I RECENTLY PURCHASED THE HOME JUST THIS LAST NOVEMBER, SO I WILL SAY I AM NEW TO ALL OF THIS. I OCCUPY THE HOME.

I ENJOY THE HOME WITH MY FAMILY, MY TWO YOUNG KIDS.

I ALSO HAD A BRIEF CONVERSATION THIS MORNING AS WELL, AND WE ENJOY THE HOME AND WE ENJOY

[00:10:01]

I HAVE A LICENSE HERE THAT I HAVE OBTAINED SATISFACTORILY FROM THE PARK BOARD SINCE THE START OF WHEN I PURCHASED THE HOME.

AND IF THERE IS ANY ISSUES WITH ME RENTING IT OUT VIA AIRBNB OR THE OTHER PLATFORMS, THEN DEFINITELY I WANT TO KNOW IF THERE'S ANY PROBLEMS WITH ANY TENANTS OR ANYTHING LIKE THAT.

I DEFINITELY WANT TO SWIFTLY RESOLVE THAT TO DATE.

MY UNDERSTANDING IS THAT THERE'S BEEN NO ISSUES AT THE PROPERTY, BUT DEFINITELY I'M WILLING TO BE IN COMPLIANCE AND RESOLVE ANYTHING THAT COMES ABOUT FROM THAT.

I STAND IN GOOD STANDING WITH MS. K, WHO IS AT THE PARK BOARD OF TRUSTEES, AND THAT'S ALL I REALLY HAVE.

I JUST REALLY LIKE, ENJOY THE HOUSE.

MY KIDS LIKE BEING ON THE WATER, KAYAKING, FISHING AND THOSE KIND OF THINGS THAT WE USE IT, YOU DEFINITELY [INAUDIBLE] THERE AS WELL.

THAT'S ALL I HAVE. THANK YOU, THANK YOU FOR BEING HERE.

YES, MA'AM. PLEASE COME FORWARD, SIGN IN AND STATE YOUR NAME.

AND YOU'LL HAVE OK. JUST SIGN IN.

YES, THANK YOU.

HI, MY NAME IS PEGGY CORNELIUS, AND I DO LIVE ON LAKEVIEW.

THE TIME THAT THIS HOUSE HAS BECOME, AND I DIDN'T EVEN KNOW WHO OWNS IT.

SO THE MAN THAT WAS JUST UP HERE, I DIDN'T CATCH HIS NAME.

BUT ANYWAY, IF HE'S GONE, HE DOESN'T KNOW THE PROBLEMS AND THE PROBLEMS, THERE IS A LOT OF CHILDREN, I THINK MAYBE 12 OR 15 KIDS ON THE STREET AND IT'S ACTUALLY A CUL DE SAC.

I NOTICED ALL THE TRAFFIC AND I MOVED TO THE AREA MYSELF.

EVERYBODY HAS A PROBLEM AND I HAVE MEDICAL PROBLEMS, AND I LIKE FOR IT TO BE QUIET AND NICE AND CALM.

AND THERE, WHEN HE DOES RENT IT TO CERTAIN PEOPLE, THERE IS A LOT OF TRAFFIC.

THEY DO NOT ABIDE BY THE 20 MILE FOR THE CHILDREN, THE ZONE, THEIR PEOPLE ARE ALWAYS COMING AND PULLING [INAUDIBLE].

I GUESS, BECAUSE OF MY DRIVEWAY IS SO WELL LIGHTED OR LIT, THEY'RE PULLING IN AT ALL HOURS. AND WHEN THEY PULL IN THEN MY TWO DOGS GO BARK, BARK, BARK BECAUSE THEY'LL PULL RIGHT IN AND THEIR LIGHTS GO STRAIGHT INTO MY LIVING ROOM.

EVEN THOUGH I HAVE BLINDS UP.

THEY'RE RACING DOWN THE STREET, I KNOW IT BIKE WEEK WE HAD, THERE'S ACTUALLY MORE THAN ONE HOUSE THAT IS ON THAT STREET NOW.

I DON'T KNOW IF THEY'RE ALL LEGIT OR NOT, BUT BIKE WEEK WE HAD THE BIKERS ON THEIR BIKES MAKING A LOT OF NOISE, AND I CAN IMAGINE THAT ANYBODY THAT LIVES IN A NEIGHBORHOOD THAT HAS CHILDREN.

I HAD MY GRANDCHILD AND MY SON AND DAUGHTER IN LAW FOR A YEAR WHEN THEY LEFT NEW YORK, AND SHE WAS THREE YEARS OLD AND WE WERE SCARED TO DEATH THAT SOMEBODY, YOU KNOW, I NOTICED ALL THIS RACING OF TRAFFIC.

AND I WAS LIKE, THIS IS NOT NORMAL.

AND SO THAT'S ALL I WANT TO SAY.

YOU KNOW, I'M OPPOSED TO IT BECAUSE OF THERE'S EXTRA TRAFFIC.

THEY DON'T ABIDE BY THOSE LAWS, THESE PEOPLE THAT ARE COMING IN FOR THE MOST THEY'RE HAVING A GOOD TIME, AND IT'S NOT LIKE YOU'RE ON THE SEAWALL.

WE'RE IN A VERY SECLUDED CUL DE SAC AREA.

YEAH, THAT'S WHAT I HAVE TO SAY.

THANK YOU, THANK YOU.

THANK YOU FOR BEING HERE.

WOULD ANYBODY ELSE LIKE TO SPEAK ON THIS ISSUE? ALL RIGHT, THEN I WILL CLOSE THE PUBLIC HEARING ON ITEM 22-P006 AT 3:44 P.M . AND I WILL ENTERTAIN A MOTION.

DO I HAVE A MOTION? VICE CHAIR BROWN.

I MOVE WE APPROVE CASE 22-P006 AS DESCRIBED IN THE STAFF REPORT AND I WILL SECOND.

IS THERE ANY DISCUSSION? YES. VICE CHAIR BROWN.

[00:15:02]

JUST ONE IN THE NEIGHBORHOOD? YES. OK.

I BELIEVE THAT WAS JUST THAT LITTLE POCKET, JUST THAT POCKET.

THANK YOU, BECAUSE IT'S JUST THE OUTLYING NEIGHBORHOOD.

OK, THANK YOU. WE HAVE A MOTION AND A SECOND, OTHER DISCUSSION? YES. SO WHAT HAPPENS TO THE STRONGEST THERE NOW? IF THIS IS PASSED.

THE ONE THAT IS CURRENTLY REGISTERED AND OPERATING, IT WILL HAVE WHAT WE COMMONLY KNOW AS BEING A GRANDFATHERING OR LEGALLY NON-CONFORMING SO IT CAN CONTINUE TO OPERATE AS LONG AS THERE'S NO BREAKDOWN IN THE REGISTRATION.

SO AS LONG AS HE STAYS REGISTERED AND CURRENT, HE MAY CONTINUE TO OPERATE.

OK. ANY OTHER QUESTIONS OR DISCUSSION, COMMISSIONERS? OK. SEEING NONE WE'LL CALL THE VOTE, AND WE WILL GO TO A ROLL INSTEAD OF A ROLL CALL.

WE'RE GOING TO DO A RAISE OF HANDS.

WE'LL GO TO THAT AND WE'LL CONTINUE WITH THAT METHOD.

SO ALL IN FAVOR OF PASSING 22P-006.

RAISE YOUR HANDS. OK.

ALL OPPOSED.

OK, THANK YOU. THE MOTION PASSES.

ALL RIGHT, WE'LL MOVE ON TO 22P-007.

[6. B. 22P-007 (Adjacent To 828 Postoffice / Avenue E) Request For A Permanent License To Place Landscape Planter Walls, ADA Ramp/Egress Stair, Light Fixtures, And Parking Garage Foundation In The City Street Right-Of-Way. Adjacent Properties Are Legally Described As Lots 9 – 13, And Part Of Lot 9 And South Half Of Adjacent Alley, Block 488; And The North 95 Feet Of Lot 1 (1-1), South 25 Feet Of Lot 1 (1-2), And Lots 2 Through 7, Block 428, In The City And County Of Galveston, Texas. Adjacent Property Owner: Shriners Hospital For Children Applicant: Kirksey Architecture, C/O Rick De La Cruz]

IN CASE THERE'S ANY CONFUSION ON THAT, THIS MOTION WILL NOW GO TO CITY COUNCIL AND CITY COUNCIL WILL HAVE THE FINAL SAY ON THAT.

OKAY. ALL RIGHT.

YES, CERTAINLY, AND IF Y'ALL DON'T IF Y'ALL ARE DONE, YOU'RE WELCOME TO LEAVE.

IT WON'T HURT OUR FEELINGS AT ALL.

THANK YOU. SO 22P-007, WE'VE NOW HEARD THE STAFF REPORT AND ANY QUESTIONS FOR STAFF.

THANK YOU. WE WILL NOW OPEN THE PUBLIC, WE'LL HAVE A PUBLIC HEARING ON IT.

EXCUSE ME. WE'RE HOLDING A PUBLIC HEARING RIGHT NOW.

EXCUSE ME. WE'RE HOLDING A PUBLIC HEARING RIGHT NOW, PLEASE OUTSIDE.

WE'RE OPENING THE PUBLIC HEARING ON 22P-007.

IS THERE ANYONE HERE TO SPEAK ON 22P-007 WE'LL OPEN AND CLOSE THE PUBLIC HEARING AT 3:48 P.M. I WILL NOW MAKE A MOTION THAT WE DEFER 22P-007.

DO I HAVE A SECOND? SECOND FROM COMMISSIONER PENA.

ANY DISCUSSION? NO DISCUSSION.

WILL YOU SEND OUT NOTIFICATIONS AGAIN FOR THIS FOR THE NEXT TIME? YES, SIR. ANY FURTHER DISCUSSION? ALL IN FAVOR OF DEFERRAL.

RAISE YOUR HAND.

UNANIMOUS, THANK YOU.

NOW WE'LL MOVE ON TO 21P-074.

[6. C. 21P-074 (1128 Seawall) Request For A Planned Unit Development (PUD) Overlay District To Establish A Mixed-Use Development Consisting Of Multi-Family Dwellings, Retail-Commercial, And Accessory Parking Structure Land Uses. Properties Are Legally Described As: M. B. Menard Survey, North Part Of Lot 8, Southeast Block 23, Galveston Outlots; M. B. Menard Survey, Lots 11 Through 14 And Part Of Lots 9 And 10, Southeast Block 23, Galveston Outlots, And North ½ Of Adjacent Avenue N; M. B. Menard Survey, Lot 7, Southeast Block 23, Galveston Outlots; M. B. Menard Survey, Lot 6 And East 1/2 Of Lot 5, Southeast Block 23, Galveston Outlots; M. B. Menard Survey, West 1/2 Of Lot 5 (3005-1), Southeast Block 23, Galveston Outlots; M. B. Menard Survey, East 1/2 Of Lot 4 (3004-2), Southeast Block 23, Galves]

I LIKE TO NOTE THAT THERE WAS AN ERROR AS FAR AS THE DEFERRAL DATE.

STAFF IS ASKING THIS CASE TO BE DEFERRED UNTIL MARCH 8TH IN ORDER FOR THE APPLICANT TO PROVIDE ADDITIONAL INFORMATION REGARDING THE [INAUDIBLE] PLAN.

THAT CONCLUDES STAFF REPORT.

[00:20:01]

DOES ANYONE HAVE QUESTIONS FOR STAFF? ALL RIGHT. SEEING NO QUESTIONS FOR STAFF.

WE WILL OPEN THE PUBLIC HEARING AT 3:49 P.M..

ANYONE HERE TO SPEAK ON CASE 21P-074.

SEEING NO ONE HERE TO SPEAK ON THIS CASE.

WE'LL CLOSE THE PUBLIC HEARING AT 3:49 P.M.

I'LL ENTERTAIN A MOTION ON THIS CASE FOR DEFERRAL FROM COMMISSIONER PENA AND A SECOND FROM VICE CHAIR BROWN.

ANY DISCUSSION? SEEING NO DISCUSSION.

ALL IN FAVOR OF DEFERRING 21P-074 RAISE YOUR HAND.

THANK YOU. MOTION PASSES UNANIMOUSLY IN THIS CASE IS DEFERRED TILL MARCH THE 8TH.

ANY FURTHER DISCUSSION ITEMS? SEEING NONE. WE STAND ADJOURNED AT 3:50 P.M.

THANK YOU ALL.

* This transcript was compiled from uncorrected Closed Captioning.