[00:00:02] >> WE'LL CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER [1. Call Meeting to Order] AT 3:33 PM ON TUESDAY, AUGUST 16TH. WE HAVE A QUORUM BARELY. [LAUGHTER] WE'VE TAKEN ATTENDANCE BY SIGNING IN. [2. Attendance] THOSE ABSENT TODAY ARE COMMISSIONER EDWARDS, COMMISSIONER FINKLEY, AND COMMISSIONER HUMPHREY. COMMISSIONERS, DO WE HAVE ANY CONFLICTS OF INTEREST TODAY? SEEING NONE, WE'LL MOVE FORWARD. [4. Approval of Minutes: August 2, 2022] BEFORE WE MOVE ON WITH THE APPROVAL OF MINUTES, I HAVE A QUESTION FOR YOU, MS. FAIRWEATHER, ABOUT THE MINUTES FROM LAST MEETING, AND IT HAS TO DO WITH TERMINOLOGY USED IN THE MINUTES. I'M SORRY, ADRIAL, TO PUT YOU IN THE GREASE ON THIS, AND THIS IS SOMETHING THAT YOU'LL HAVE TO, OR THAT YOU MIGHT NEED TO PASS ALONG, PLEASE, SIR, TO PATRICK. MS. FAIRWEATHER, IT SEEMS TO ME THAT WE'RE USING TWO TERMS INTERCHANGEABLY AND I DON'T KNOW THAT WE SHOULD BE. THEY ARE ABSTAINING AND PRESENT NON-VOTING, NON-VOTING PARTICIPANT. FOR EXAMPLE, IN 22P-052, MR. COMMISSIONER WALLA WAS LISTED AS, HE'S THE APPLICANT, BUT HE'S LISTED AS ABSTAINING. IT SEEMS TO ME HE SHOULD BE LISTED AS A NON-VOTING PARTICIPANT BECAUSE HE HAD STEPPED OFF AS AS HE SHOULD HAVE DONE, AS WAS PROPER BECAUSE HE HAD A CONFLICT OF INTEREST. 22P-053, HE CHOSE TO ABSTAIN. DO I HAVE MY CASES CORRECT? YES. THAT WAS A CHANGE OF ZONING. COMMISSIONER WALLA HAPPENED TO CHOOSE TO ABSTAIN. IT SEEMS THAT WE'RE USING ABSTAIN IN TWO DIFFERENT PLACES BUT I DON'T THINK THAT'S CORRECT. DO YOU SEE WHAT I'M SAYING? >> ABSOLUTELY. [INAUDIBLE] >> PRESENT NOT VOTING? >> WELL WE WILL COME UP WITH IT BUT [INAUDIBLE] >> LET ME JUST ASK YOU, COMMISSIONER WALLA, TO MAKE SURE THAT WE HAVE CORRECTLY RECORDED FOR THE CHANGE IN ZONING. I BELIEVE I SAID, YOU DIDN'T HAVE YOUR HAND UP AND I SAID, ARE YOU ABSTAINING? HOW DO YOU WANT YOUR VOTE RECORDED? >> I VOTE ON THE ZONING CHANGE SHOULD BE ABSTAINED. THEN WHERE WAS OUR CASE AND WE HAD A CONFLICT. I THINK SHE'S CORRECT. MY VOTE SHOULD NOT BE ABSTAINED BECAUSE I DIDN'T ABSTAIN, I WOULD BE MORE OF A NON-VOTING. I DON'T KNOW. IT'S NOT ON THERE WHAT I SHOULD BE. BUT I'LL LEAVE THAT TO YOU LEGAL EAGLES, YOU LEGAL MINDS TO FIGURE OUT, BUT IT SHOULDN'T BE A NON-VOTING PARTICIPANT. >> YES, [INAUDIBLE] >> IF WITHOUT OBJECTION, [00:05:04] WE'LL DIFFER APPROVING THE MINUTES UNTIL THE NEXT MEETING. IS THERE ANY OBJECTION, COMMISSIONERS? APPENDING THAT. ADRIAL, COMMISSIONER WALLA IS FINE WITH BEING AN ABSTENTION ON 22P-054. I JUST WANTED TO MAKE SURE THAT RUSTY, I HADN'T PUT WORDS IN YOUR MOUTH ON THAT. >> YEAH, MUM. I DID ABSTAIN ON THAT ONE. >> THANK YOU. >> SAY 54 OR 53? >> FIFTY FOUR IS ABSTENTION 52 NEEDS TO BE CORRECTED WITH WHATEVER DONNA SAYS IS CORRECT. SHE'LL COME UP WITH CORRECT WORDING ON THAT. >> FIFTY THREE IS THE ABSTENTION. >> YEAH. HANG ON. >> AND YOU LISTED CORRECTLY ON 53? >> YES, 53 IS CORRECT, 52 NEEDS TO BE CORRECTED. SORRY, GOT IT WRONG. LET'S GO LEAN MOSES. [INAUDIBLE] >> THANK YOU. PUBLIC COMMENT. DID WE RECEIVE ANY PUBLIC COMMENT IN WRITING BECAUSE WE DIDN'T GET ANY? WE DIDN'T RECEIVE ANY PUBLIC COMMENT AND WRITING. HAD WE RECEIVED ANY IT WOULD'VE BEEN SENT TO US. ANY PUBLIC COMMENT TODAY WE CAN HAVE ON AGENDA ITEMS AS THEY ARE CALLED? WOULD ANYBODY HERE LIKE TO SPEAK ON ANY NON-AGENDA ITEMS? NON-AGENDA ITEMS? SEEING NONE, WE'LL MOVE FORWARD. TODAY, IF YOU DO COME FORWARD TO SPEAK ON ANY AGENDA ITEMS, I ASK THAT YOU DO FILL OUT THE FORM COMPLETELY. I NOTICED THAT PEOPLE AREN'T FILLING OUT THE FORM COMPLETELY. OH MY GOODNESS, I SOUND LIKE A SCHOOL TEACHER. [6.A.1. 22P-056 (17417 Bristow Drive) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Piling Replacement For An Existing Single-Family Home And Construction Of A Fibercrete Driveway And Footer. Property Is Legally Described As Abstract 121 Hall And Jones Survey West ½ Of Lot 36 (36-2) Gulf Palms Applicant: Carr Construction Property Owner: JMR Properties Inc.] NOW WE'LL MOVE FORWARD WITH NEW BUSINESS ITEMS. WE'LL START WITH 22P-056, PLEASE, SIR. >> THANK YOU, COMMISSIONER. MAY I ADDITIONALLY ADD FOR PUBLIC COMMENT AND COMMENTS, THE MIC TO BE ADJUSTED TO MOUTH LEVEL, IS SOMETHING THAT I'VE NOTICED COMMENTARIES HAVE DIFFICULTY WITH IT IN THE PAST, SO ONLY HAD THAT. PLANNING COMMISSIONERS, THANK YOU FOR YOUR TIME TODAY. THIS IS A REQUEST FOR PILING REPLACEMENT FOR AN EXISTING SINGLE-FAMILY HOME AND CONSTRUCTION OF A FIBER CRETE DRIVEWAY AND FOOTER. >> ONE SECOND RUSSELL. I'M SORRY. DID YOU WANT TO MAKE THAT ANNOUNCEMENT NOW, OR DID YOU WANT TO WAIT FOR US, REGARDING THE FOUR COMMISSIONERS? >> I CAN DO IT NOW AND AFTER. >> I ASK YOU JUST DO IT NOW SINCE YOU HAVE AN AUDIENCE AND AT THIS TIME THEY THINK WHAT THEY WANT TO DO [INAUDIBLE] >> I ASSUME YOU ALL ARE HERE FOR THE BEACH FRONT CONSTRUCTION APPLICATIONS. TODAY YOU'LL NOTICE THAT WE HAVE ONLY FOUR COMMISSIONERS. WE ARE JUST BARELY A QUORUM. IT WILL TAKE A UNANIMOUS VOTE FOR THESE BEACH FRONT CONSTRUCTION PERMITS TO PASS. IF YOU WOULD PREFER TO DEFER YOUR APPLICATION TO OUR NEXT MEETING, WHICH WILL BE SEPTEMBER 20TH, YOU MAY CERTAINLY DO THAT. YOU'RE WELCOME TO DO THAT. OR YOU MAY HAVE IT VOTED ON TODAY. BUT PLEASE UNDERSTAND THAT YOU WILL REQUIRE A UNANIMOUS VOTE OF EVERY SINGLE COMMISSIONER HERE TO PASS. WE WILL GIVE YOU AN OPTION. I GUESS WE HAVE TO HAVE A PUBLIC HEARING ON IT SINCE YOU'RE ON THE AGENDA. BUT WE'LL GIVE YOU AN OPTION TO DIFFER AFTER WE HAVE THE PUBLIC HEARING. IT'S CERTAINLY UP TO YOU. THERE'S NO PENALTY OR ANYTHING ASSOCIATED WITH IT. IT'S JUST YOUR CALL. THANK YOU. NOW IT'S YOUR CALL. YES, RUSSELL. >> CAN WE SPECIFY THE POTENTIAL OUTCOMES? >> YES, PLEASE DO. >> IF THE POTENTIAL OUTCOMES BEING APPROVAL, DEFERRAL OR DENIAL, WHAT MAY OCCUR AS APPROVAL, OF COURSE, IT'S APPROVED, DEFERRAL, IT COULD COME BACK TO THE NEXT MEETING, OR DENIAL, THAT, CORRECT ME ON THIS ONE, IF IT'S DENIED, THEN IT COULD ADDITIONALLY COME BACK WITHOUT PENALTY MOVING FORWARD. [BACKGROUND] >> YOU ALL SPEAK INTO THE MIC. EVERYBODY. >> GO AHEAD. [INAUDIBLE] >> IF THE APPLICATION IS SUBSTANTIALLY THE SAME, IT HAS TO WAIT SIX MONTHS. [00:10:01] IF IT'S SUBSTANTIALLY DIFFERENT OBVIOUSLY THEN IT COULD COME BACK RIGHT AWAY. >> THERE IS ANOTHER OPTION. IF THERE IS, LET'S SAY, A TWO AND TWO OR THREE AND ONE, THAT WOULD BE A FAILURE TO GET THE REQUISITE APPROVAL OR DENIAL OR [INAUDIBLE] >> IT WAS ACTUALLY ANOTHER SCENARIO THAT HAS BEEN BE PLAYED OUT, IF YOU UNDERSTAND THAT. >> I DO NOT UNDERSTAND THAT. >> LET'S SAY THERE'S A TIE BETWEEN THE TWO. >> OKAY. >> A DENIAL IS NOT TECHNICALLY A DENIAL BECAUSE THERE HASN'T BEEN A MOTION TO DENY IT WHERE WE GOT THE FOUR VOTES. IT'S A FAILURE TO OBTAIN THE REQUISITE NUMBER OF VOTES FOR ANY MOTION TO PASS, IF YOU UNDERSTOOD THAT BETTER. >> OKAY. THEN WHAT WOULD HAPPEN? COULD IT COME BACK AT THE NEXT MEETING? >> THERE COULD BE ANOTHER MOTION ON THE TABLE MADE, SEE IF THAT ONE COULD GO FORWARD, BUT [INAUDIBLE] FAILURE IS A FAILURE AND IF THERE IS A DIFFERENCE. IF IT COME BACK AND THERE IS NOT A SUBSTANTIAL DIFFERENCE, THEN- >> IT WOULD HAVE TO WAIT SIX MONTHS. >> RIGHT. >> IF IT'S SUBSTANTIALLY DIFFERENT, IT COULD COME BACK RELATIVELY SOON. >> IT'S FAILURE FOR LACK OF FOUR AFFIRMATIVE VOTES. I KNEW YOU WOULD COME TO KNOW THAT. WHAT? >> I HOPE THAT IS CLEAR AS MUD TO ALL OF YOU. SO THAT GIVES YOU LOTS TO PONDER AS WE BRING THESE FORWARD. RUSSELL, MR. COLE, NOW, WOULD YOU LIKE TO BRING THIS FORWARD? >> THANK YOU, COMMISSIONER. >> THANK YOU. >> AGAIN, THIS IS A REQUEST FOR PILING REPLACEMENT FOR AN EXISTING SINGLE-FAMILY HOME AND CONSTRUCTION OF A FIBERCRETE DRIVEWAY AND FOOTER. THE ADDRESS IS 17417 BRISTOW DRIVE. PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT 121 HALL AND JONES SURVEY, WEST HALF OF LOT 36, 36-2, GULF PALMS, A SUBDIVISION LOCATED IN THE CITY IN COUNTY OF GALVESTON, TEXAS. SUBJECT SITE IS LOCATED IN THE GULF PALMS SUBDIVISION. SINGLE-FAMILY DWELLINGS ARE LOCATED TO THE EAST AND WEST OF THE SUBJECT PROPERTY. A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH. ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF FOUR TO FIVE FEET PER YEAR. STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR VIEWING. FIRST, WE HAVE THE BEG AND FIRM MAP SHOWING THE DISTANCES OF THE STRUCTURE FROM THE DUNE SYSTEM AND IT'S POSITION RELATIVE TO THE ADJACENT PROPERTIES IN LINE WITH THEM. NEXT, WE HAVE THE PROPERTY SURVEY. ZOOMED IN ON THE RIGHT SHOWING THE NORTH TOE OF THE DUNE AND THE DISTANCE AWAY FROM IT OF 58.5 FEET. THIS FOLLOWING SLIDE, WE HAVE THE PROPOSED PROJECT HERE WITH THE GRAVEL DRIVEWAY, WHICH ENCOMPASSED THE MAJORITY OF THE FRONT YARD BEING REDUCED TO A FIBERCRETE DRIVEWAY OF ONLY APPROXIMATELY 16 FEET, AS WELL AS FIBERCRETE FOOTER UNDERNEATH THE STRUCTURE, AND THE HOUSE BEING LIFTED AND THE PILINGS BEING REPLACED. ADDITIONALLY, WE HAVE THE SCOPE OF WORK SUMMARIZED, RAISING THE HOME AND REPLACING THE PILINGS DUE TO ROT, NEW STRINGER SYSTEMS, PLUMBING, ELECTRIC, AND THE FIBERCRETE SLAB UNDERNEATH AND FOR THE DRIVEWAY. FINALLY, WE HAVE THREE PHOTOS LOOKING TO THE NORTH, TO THE WEST, AND TO THE SOUTH. HERE, ESPECIALLY YOU CAN SEE THE DISTANCE TO THE DUNES AGAIN AND THE GRAVEL DRIVEWAY THAT WILL BE REPLACED WITH FIBERCRETE HERE. THIS CONCLUDES STAFF'S REPORT, AND I THANK YOU FOR YOUR TIME. >> THANK YOU, SIR. QUESTIONS FOR STAFF? [NOISE] >> IS THIS HOUSE CURRENTLY BELOW THE BFE IN THAT AREA? >> NOT TO MY KNOWLEDGE, BUT THAT MAY BE ANSWERED BY THE APPLICANT. >> ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, WE WILL OPEN THE PUBLIC HEARING ON 22P-056 AT 03:48 PM. [00:15:03] IS THE APPLICANT IN THE AUDIENCE? >> YES. >> PLEASE COME FORWARD AND STATE YOUR NAME AND SIGN IN, PLEASE. DO WE HAVE A SIGN-IN SHEET OUT THERE. THANK YOU VERY MUCH. >> HI, MY NAME IS SHANNON HOPSON AND I'M THE REPRESENTATIVE FOR CARR CONSTRUCTION. >> THANK YOU, SHANNON, AND THANK YOU FOR ADJUSTING THE MIC. [LAUGHTER] LOOK AT YOU ALL LISTENING. SEE, THERE YOU GO, RUSSELL. YOU DID WELL ON THAT? SHANNON, WHAT WOULD YOU LIKE TO SAY ABOUT THIS PROJECT. I'LL GIVE YOU A MINUTE TILL YOU SIGN IN. >> I WAS TRYING TO LOOK UP THE ELEVATION CERTIFICATE AS WELL TO SEE WHAT THE HOUSE CURRENTLY SITS AT WHILE YOU WERE ASKING THAT, BUT- >> TAKE YOUR TIME. >> YEAH, I HAVE TO FIND IT. I DON'T KNOW OFF THE TOP OF MY HEAD, I APOLOGIZE. >> NO, TAKE YOUR TIME. THAT'S FINE. THAT'S PRETTY FUNNY, STEVE. >> YOU DON'T HAVE IT, DO YOU, RUSSELL? I GUESS I WOULD HAVE SUBMITTED IT TO YOU IN MY PAPERWORK. >> A REQUIREMENT THAT IS IN THE ACTION LETTER IS THAT ALL PERMITS MUST CONFORM TO FEMA STANDARDS AS APPLICABLE, SO UPDATING IT IF IT IS NOT TO THE ELEVATION STANDARDS WOULD BE REQUIRED, SO THAT WOULD BE MY UNDERSTANDING. >> YES. WE ALWAYS ADD THE ONE FOOT SIX THAT IS REQUIRED TO WHATEVER ZONE; IF IT'S A VISA AND I BELIEVE THAT'S 15 FOOT, SO WE'LL ADD THE ONE FOOT SIX ADDITIONALLY. >> THERE WAS ONE SURVEY THAT SAID FFE I THINK, I DON'T EVEN REMEMBER. YEAH, THE ONE ON THE RIGHT, YOU PULL THAT, 14 POINT SOMETHING, RIGHT? THAT, I GUESS IS FINISHED ELEVATION WHEN THEY GET DONE. >> WHERE ARE WE SEEING THAT? >> IN THE CENTER OF THE STRUCTURE ITSELF. >> ON THE RIGHT-HAND SIDE, RIGHT IN THE MIDDLE OF [INAUDIBLE]. >> 14.29. >> THE VISA INCORRECT. >> THAT WOULD BE AFTER [INAUDIBLE] >> THAT MIGHT BE A MISTAKE ON THE SURVEY, I WILL DEFINITELY HAVE TO LOOK INTO THAT AND GET IT FIXED AND RESUBMITTED IF SO. THAT WOULD HELP. >> MY GUESS IS, IT WOULD BE EXISTING, BOB, AT 14 AND THEY'RE GOING TO HAVE TO BE, THAT'S PROBABLY A 16 OR 17 VE OVER THERE. THERE'S GOING TO BE [OVERLAPPING] >> THAT CAN'T BE RIGHT. [LAUGHTER] >> LOWER THAN ALL THE OTHER HOUSES AROUND IT. >> DON'T HAVE TO RAISE IT UP TO MEET THE FEMALE REQUIREMENT. THEIR FINISHED FLOOR WILL BE PROBABLY 16, 18, OR 19. >> THIS ONE HERE SAYS VE 17. >> YOU GOT ANOTHER ONE? THEY'RE IN A VE 17, WHICH IS GOING TO PUT THEIR FINISHED FLOOR AT 19. >> NINETEEN. RUSSELL, THAT'S GOING TO BE IN THERE. THAT'S GOING TO BE INCLUDED IN CONDITION 4 BECAUSE WE BRING IN THE FEMA MINIMUM REQUIREMENTS IN SPECIFIC CONDITION 4, SO INCORPORATED BY REFERENCE VIA THE FEMA REQUIREMENTS, IN CONDITION 4, SO WE'RE COVERED THERE, BOB. >> YEAH. >> OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONERS? IS THERE ANYTHING ELSE YOU'D LIKE TO SAY ABOUT THE PROJECT, MS. HOBSON? >> NO, MA'AM. THAT'S IT. THAT'S ALL YOU'LL HAVE FOR ME. >> THANK YOU. >> THANK YOU. HAVE A GOOD ONE. >> APPRECIATE IT. ANY OTHER COMMENTS ON THIS PROJECT FROM THE AUDIENCE? ANY OTHER PUBLIC COMMENT? SEEING NONE, WE WILL CLOSE THE PUBLIC COMMENT AT 3:52 PM AND I'LL BRING IT BACK FOR A MOTION. >> MADAM CHAIR, I'LL MAKE A MOTION THAT WE APPROVE [OVERLAPPING] >> I'M SORRY. EXCUSE ME, YES. >> THE APPLICANTS DETERMINATION TO DEFER OR [OVERLAPPING] >> OH, YES. EXCUSE ME. THANK YOU VERY MUCH, MR. COLE. DO YOU WANT IT? [OVERLAPPING] OKAY. THE APPLICANT HAS DETERMINED THAT SHE WANTS TO MOVE FORWARD. THANK YOU VERY MUCH. I APPRECIATE THAT. [00:20:01] PLEASE KEEP ME IN LINE ON THAT TODAY, MR. COLE. THANK YOU. MR. COMMISSIONER WALLA. >> MADAM CHAIR, I'LL MAKE A MOTION TO APPROVE 22P-056, AS PRESENTED WITH THE CONDITIONS. >> OKAY. I HAVE A MOTION. I HAVE A MOTION FROM COMMISSIONER WALLA, SECOND FROM COMMISSIONER PENA. IS THERE DISCUSSION? MOTION, SECOND, NO DISCUSSION, WE'LL CALL THE QUESTION. ALL IN FAVOR, PLEASE SIGNIFY BY RAISING YOUR HAND. THAT'S UNANIMOUS. THANK YOU FOR BRINGING IT IN. >> APPRECIATED. [6.B.2. 22P-057 (4211 Ghost Crab Ln) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Single-Family Dwelling With A Fibercrete Driveway And Footer. Property Is Legally Described As Abstract 121, Page 55, Lot 19, Block 1, Pirates Beach, Section 7. Applicant: Nick Hayden – Talasek Builders Property Owner: Shannon And Michael Mazzini] >> WE'LL MOVE FORWARD WITH 22P-057. AGAIN, WE HAVE THE SAME SITUATION. YOU WILL HAVE THE OPTION TO DIFFER WHEN WE GET TO THE END OF THIS. THANK YOU, MR. COLE. REMIND ME. >> THANK YOU COMMISSIONER. [LAUGHTER] NEXT WE HAVE A REQUEST FOR A NEW PROPOSED CONSTRUCTION OF A SINGLE-FAMILY DWELLING WITH A FIBER CREATE DRIVEWAY AND FOOTER. THIS ADDRESS IS 4211 GHOST CRAB. THE PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT 121, PAGE 55, LOT 19, BLOCK 1, PIRATES BEACH SECTION 7, A SUBDIVISION LOCATED IN CITY AND COUNTY OF GALVESTON, TEXAS. THE SUBJECT SITE IS LOCATED IN THE PIRATES BEACH SUBDIVISION. SINGLE-FAMILY DWELLINGS ARE LOCATED TO THE NORTH, SOUTH, AND WEST. ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF FIVE TO SIX FEET PER YEAR. STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR VIEWING [NOISE]. FIRST, WE HAVE THE FIRM AND BEG MAP SHOWING THE LOCATION OF THE LOT AS FIFTH ROW BACK AND LANDWARD OF THREE PRE-EXISTING STRUCTURES. ON THIS NEXT SLIDE, WE HAVE THE PROPERTY SURVEY ZOOMED IN ON THE RIGHT. THIS PROPERTY IS BEFORE YOU TODAY, OWING TO THE TEXAS GENERAL LAND OFFICES LINE OF VEGETATION MORATORIUM ORDER AND THE RESULTING SETBACKS, SPECIFICALLY THE LINE OF VEGETATION OR LOV IS ORDERED AT 200 FEET FROM THE MEAN LOW TIDE LINE AND THE DUNE PROTECTION LINE IS 200 FEET FROM THE LOV WHERE DUNES ARE ABSENT, AS WE'LL ADDRESS DURING THE DISCUSSION AND ACTION ITEMS SECTION OF THIS MEETING. THIS IS THE LAST CASE YOU WILL SEE IN THE FORESEEABLE FUTURE FOR WHICH THIS RULE APPLIES. ON THIS NEXT SLIDE, WE HAVE THE FRONT AND BACK PROFILE VIEWS OF THE STRUCTURE. ON THE FOLLOWING, WE HAVE THE SIDE PROFILE, FAIRLY STANDARD. FINALLY, WE HAVE PHOTOS LOOKING TOWARDS THE BEACH, IN THE TOP LEFT, AND FROM THE BEACH TOWARDS THE PROPERTY ON THE BOTTOM RIGHT WHERE THE PROPERTY LOT IS LOCATED ON THE LEFT SIDE OF THE STREET THERE. SOMEWHAT GRANULAR, BUT IT'S STILL A REPRESENTATIVE THAT THERE IS A GOOD DISTANCE BETWEEN THEM. THIS CONCLUDES SALES-REPORT. THANK YOU FOR YOUR TIME. >> THANK YOU VERY MUCH. COMMISSIONERS, WHO HAS QUESTIONS FOR MR. COLE? HANG ON. I DID. I HAVE WRITTEN ON HERE PAGE 80. I KNOW THAT THIS WAS DISCUSSED MR. COLE, MEETING BEFORE LAST WHEN I WASN'T HERE. IT IS UNDER ADDITIONAL COMMENTS ON PAGE 80 IN GLO, ON PAGE 80 IN THIS PACKET. SECOND, UNDER ADDITIONAL COMMENTS. SECOND POINT, STAND THE CONSTRUCTION STANDARDS FOR PROJECTS AND ENHANCE CONSTRUCTION ZONE, AND THE CITIES EROSION RESPONSE PLAN STATES THAT THE DUNE ENHANCEMENT OR RESTORATION PROJECT, CONSISTENT WITH THE DEFINITION, THE CITY MUST DETERMINE IF THIS REQUIREMENT IS APPLICABLE FOR THE PROPOSED CONSTRUCTION ACTIVITIES. THESE THINGS SHALL BE COMPLETED PRIOR TO THE COMMENCEMENT OF THE PROPOSED CONSTRUCTION. CAN YOU EXPLAIN THAT TO ME, PLEASE, SIR? >> IN THIS INSTANCE, IN SHORT, THE CITY HAS DETERMINED THAT REGULATION IS NOT APPLICABLE FOR THE STRUCTURE BECAUSE THE REGULATIONS, THE CRITERIA THAT IT'S SPEAKING OF, SPECIFIES A DUNE THAT IS 10 FEET TALL, 50 FEET WIDE. AS WE CAN SEE FROM THE AERIAL IMAGERY FOR THIS SITE, SPECIFICALLY, A GOOD WAY FROM THE BEACH, THERE IS NOT ROOM TO PLACE A DUNE OF THAT MAGNITUDE. >> YOU DON'T THINK THAT'S GOING TO GET DONE IN THE NEXT TWO OR THREE DAYS? [LAUGHTER] >> I DOES NOT SEEM PARTICULARLY FEASIBLE. THE LONGER ANSWER IS THIS IS SOMETHING THAT IS BEING ADDRESSED IN OUR ORDINANCE UPDATES. [00:25:07] THE REASONING FOR THIS LANGUAGE STEMS FROM OUR RESEARCH FROM POST IKE REGULATIONS MEANT TO ADDRESS THE ABSENCE OF DUNES THROUGHOUT THE ISLAND AND POTENTIALLY THE PRESENCE OF AN ABUNDANCE OF SAND ON LOTS THAT WOULD HAVE BEEN BUILT. ESSENTIALLY, IT'S SOMETHING THAT THE WORDING MAY NOT HAVE BEEN AS EXPLICITLY CLEAR AS INTENDED TO WHERE NOW LOTS IN THESE CASES ARE IMPLIED TO HAVE THIS REQUIREMENT WHERE FEASIBLY IT'S NOT SOMETHING THAT APPLIES. >> THE CITY MUST DETERMINE IF THIS REQUIREMENT IS APPLICABLE TO THE PROPOSED CONSTRUCTION ACTIVITIES. THE CITY HAS DETERMINED THAT IT'S NOT APPLICABLE? >> THAT IS CORRECT. >> OKAY. PERFECT. THAT ANSWERS THAT QUESTION. MY OTHER QUESTION COMES IN ON THE BREAKAWAY STRUCTURES AND I DON'T KNOW IF THIS IS A QUESTION FOR YOU OR FOR THE APPLICANT. I ALWAYS SEEM TO HAVE THIS QUESTION ON HOUSES THAT ARE REQUIRED TO HAVE BREAKAWAY STRUCTURES AND THEN THEY HAVE AN ELEVATOR. CAN YOU TELL ME HOW BREAKAWAY STRUCTURES AND ELEVATORS LIVE IN HARMONY? HOW DOES THAT WORK? >> THIS IS ONE WE'VE ADDRESSED PREVIOUSLY. FROM MY RECOLLECTION, IT'S THE SPECIFICS OF WHICH ARE ADDRESSED IN THE BUILDING CODE. HOWEVER, THE NATURE OF THE ELEVATOR ITSELF, MY UNDERSTANDING IS IT PERTAINS TO HOW THE ELEVATOR IS. APOLOGIES, I'M BREAKING TEMPORARY. THE DESIGN OF THE ELEVATOR IN THESE SITUATIONS AND THE WAY IT'S MEANT TO BE KEPT LIFTED IN WHERE IT RESTS. YES. >> OKAY. MAYBE I'LL ASK THE BUILDER ABOUT THAT BECAUSE THE CONCRETE AND THE BREAKAWAY PART ALWAYS STYMIE ME AND IT DOESN'T SEEM TO WORK IN MY MIND, BUT I'LL ASK THE APPLICANT THAT QUESTION. OTHER QUESTIONS FOR STAFF? YES, MR. HILL? >> [NOISE] >> I WAS THINKING HE LOOKED MIGHTY NICE. >> THIS IS MY WATER BURGER SHIRT. [NOISE] JUST TO ELABORATE, THE LAST TIME THAT WE TACKLED THE ELEVATOR VERSUS BREAKAWAY ENCLOSURE ISSUE, WHERE WE LANDED ON IT WAS THAT BY THE BUILDING DIVISION AND FEMA REGULATIONS THE WORKINGS, THE MECHANICS OF THE ELEVATOR ITSELF HAVE TO BE ON THE ELEVATED FLOOR SO THAT THE ONLY THING THAT IS ON THE GROUND FLOOR OR BELOW BFE IS THIS PHYSICAL STRUCTURE ITSELF THAT ALLOWS THE ELEVATOR TO MOVE UP AND DOWN. THE FEMA AND BUILDING REQUIREMENTS DO NOT HAVE AN ISSUE WITH THE BREAKAWAY NATURE OF ELEVATOR. THEY JUST FOCUS ON THE FACT THAT THE MECHANICS OF IT HAVE TO BE ABOVE BFE. THEN IN TERMS OF WHAT THE SCOPE OF WHAT IT IS THAT WE'RE LOOKING AT HERE TODAY IS REALLY THE BREAKAWAY ENCLOSURE. IF THE ENCLOSURE AROUND THE MECHANICS THAT THE BUILDING DIVISION IS OKAY WITH IS BREAKAWAY, THEN IT WOULD MEET THE REQUIREMENTS THAT WE WOULD ANTICIPATE IN THIS AREA. >> OKAY. THANK YOU. >> THANK YOU, BRANDON. >> ANY OTHER QUESTIONS FOR STAFF? ALL RIGHTY. >> SHOULD ONE PRIOR TO CALLING UP THE APPLICANT, JUST FOR POINT OF REFERENCE THE APPLICANT WILL NEED TO ELECT WHETHER OR NOT THEY WANT TO GO FORWARD BEFORE YOU START QUESTIONING THE APPLICANT OR BEFORE THEY MAKE THEIR PRESENTATION. THE REASON BEING IS THEY CHOOSE TO THE FURTHEST, THEN THEY WILL BE PRESENTING THEIR CASE MAYBE TO A DIFFERENT NUMBER OF [00:30:04] COMMISSIONERS AT ANOTHER HEARING AND SO IT'S TYPICAL THAT THE APPLICANT WILL SAY, YOU KNOW WHAT, I JUST WISH YOU DEFER AND PROCEED THEN IN THERE. >> OKAY, SO WE DID IT INCORRECTLY LAST TIME? >> WELL, WHEN THE APPLICANT SPOKE I JUST ASSUMED THE APPLICANT WANTED TO GO FORWARD, SO BUT YES. >> OKAY. NOT A BIG DEAL THOUGH. THE APPLICANT WANTED TO GO FORWARD. >> ALWAYS LOOKING FOR ROOM TO IMPROVE AND EVIDENTLY I HAVE IT. ALRIGHTY THEN. >> AS THE ADVOCATES [NOISE] AND IF THE APPLICANT SAYS YES, THEN YOU PROCEED. >> BUT WE HAVE TO HAVE A PUBLIC HEARING ONE WAY OR ANOTHER. >> YOU'RE HAVING IT RIGHT NOW. >> WELL, NO. >> YOU'RE HAVING A PUBLIC HEARING RIGHT NOW. >> WELL, WE HAVE TO GIVE PEOPLE A CHANCE TO TALK TOO. YES, MA'AM. WE WILL DO EXACTLY WHAT YOU SAY TO DO. I WILL DO EXACTLY WHAT YOU TELL ME TO DO DONNA. I WILL NOT ARGUE. [LAUGHTER]. >> ANY OTHER QUESTIONS, COMMISSIONERS? THANK YOU. IN THAT CASE, NOW, WITH THE APPLICANT LIGHT TO COME FORWARD, AND EVIDENTLY WHOEVER'S COMING FORWARD NEEDS TO SIGN IN AND MAKE A BIG BAD DECISION. >> I'M PETE TALASEK WITH TALASEK BUILDERS. >> ALL RIGHT, AND MR. TALASEK, I'M GOING TO ASK YOU THE QUESTION. WOULD YOU LIKE TO PROCEED TODAY? YOU KNOW THE DRILL TO PROCEED TODAY, YOU WILL NEED EVERY VOTE ON THIS COMMISSION TO MOVE FORWARD. WOULD YOU LIKE TO PROCEED TODAY WITH THIS COMMISSION? >> YES. >> THANK YOU, SIR. ALL RIGHT, THEN WE WILL OPEN THE PUBLIC HEARING TODAY AT 4:05 P.M. PLEASE SIR, WHAT WOULD YOU LIKE TO TELL THE COMMISSION ABOUT THIS PROJECT? >> OKAY SO IT'S PRETTY STRAIGHTFORWARD. I MEAN IT'S INLAND OFF OF THE BEACH. IT'S ACTUALLY AN AE ZONE, SO IT DOESN'T HAVE BREAK-AWAY WALLS. IF WE DO DO ELEVATORS THAT ARE IN A VE ZONE WITH BREAK-AWAY WALLS, OUR ELEVATORS ALWAYS GO TO THE SECOND FLOOR WHEN THEY'RE NOT BEING USED AFTER ABOUT DEPENDING ON HOW YOU SET THEM AFTER FIVE MINUTES, 10 MINUTES GO TO THE SECOND FLOOR. WHAT HE SUGGESTED EARLIER IS WHAT IT IS. YEAH, IT WOULD DESTROY PART OF THE ELEVATOR OR MAYBE ALL OF IT, BUT IT WOULD DO ITS JOB AND BREAKAWAY. WE ARE GOING TO DO FIBER CRETE UNDERNEATH. THAT'S A GUESS ABOUT IT. IT'S PRETTY STRAIGHTFORWARD PROJECT. >> ALL RIGHT, GREAT. WHO ELSE HAS A QUESTION FOR MR. TALASEK? >> THAT'S A AEZA?. >> YOU LOOKED AT THE ELEVATOR, RIGHT THERE. >> THAT'S INTERESTING. >> OKAY, IT WAS JUST A COMMENT. >> [OVERLAPPING] LIKE POINT WEST WHERE WE BUILD I MEAN, RIGHT HERE IT'S WEIRD. VE RIGHT HERE, AE RIGHT HERE, I DON'T KNOW. >> I GET IT. >> YEAH. [OVERLAPPING] >> [OVERLAPPING] I JUST WAS SUDDENLY MY EYES GO. >> [OVERLAPPING] I'LL CLEAN THEM. >> I NEED SOME OF THAT LINE THAT YOU SEE. >> THE DOTTED LINE? >> YEAH. >> [LAUGHTER] >> THE WAVE STOPPED CRASHING THERE. >> THAT'S RIGHT. [OVERLAPPING]. >> THEY KNOW, THE WAVES KNOW. ANYONE ELSE? QUESTIONS FOR THE APPLICANT? THANK YOU, SIR. APPRECIATE IT. >> THANK YOU. >> ANYONE ELSE WHO WOULD LIKE TO SPEAK ON THIS PROJECT? IN THAT CASE, WE'LL CLOSE THE PUBLIC HEARING AT 4:05 P.M AND I'LL BRING IT BACK FOR A MOTION. DO I HAVE A MOTION ON 22 P-057? COMMISSIONER OPINIA? >> I'LL MAKE THE MOTION THAT WE APPROVE 22 P-057. >> THE SECOND. I HAVE A MOTION FOR APPROVAL BY COMMISSIONER OPINIA, A SECOND FROM COMMISSIONER VICE-CHAIR BROWN. IS THERE ANY DISCUSSION? BEING NO DISCUSSION, WE'LL CALL THE VOTE ALL IN FAVOR OF 22 P-057, AND THE MOTION PASSES. CONGRATULATIONS. THANK YOU. BECAUSE COMMISSIONER HUMPHREY WAS ONE OF [7.A. Discussion Of Conflict Of Interest Protocol (Staff)] THE PARTIES WHO WANTED TO HEAR THE DISCUSSION ON THE CONFLICT OF INTERESTS PROTOCOL, [00:35:03] WE'VE ELECTED TO DEFER THAT DISCUSSION UNTIL OUR NEXT MEETING, WHICH IS ON SEPTEMBER 20TH, AND ASSISTANT CITY ATTORNEY WILLIE WILL BE WITH US THEN. NEXT WE HAVE BRANDON HILL WITH US AND HE WILL [7.B. Summary Of Texas General Land Office’s Rescission Of Line Of Vegetation Moratorium Order (Staff)] TALK TO US ABOUT THE LINE OF VEGETATION MORATORIUM ORDER. >> THANK YOU VERY MUCH, COMMISSIONERS. HOW DO I MAKE THE [NOISE] [INAUDIBLE]. THANK YOU. COMMISSIONERS THANK YOU SO MUCH FOR GIVING ME THE OPPORTUNITY TO DISCUSS THIS WITH YOU TODAY. THIS IS GOING TO BE SOMETHING THAT THE CITY HAS TO DEAL WITH FOR THE FORESEEABLE FUTURE, WHICH IS A RETURN TO FORM. WE HAVE BEEN LIVING IN A POST LAURA POST BETA WORLD WHERE THE RULES THAT TYPICALLY APPLY TO THE LINE OF VEGETATION DID NOT. WE CALL THAT THE LINE OF VEGETATION SUSPENSION. THAT SUSPENSION HAS BEEN RESCINDED. THIS CAME AS A SHOCK TO ALL OF US BECAUSE THERE WAS ACTUALLY ANOTHER YEAR LEFT IN THE SUSPENSION OF THE LOV, AND SEEMINGLY OUT OF THE BLUE, FEW WEEKS AGO, WE RECEIVED E-MAIL WITH A SIGNED LETTER FROM GEORGE P. BUSH, THAT SAID THAT THE LOV SUSPENSION HAD BEEN RESCINDED, BRINGING IT BACK INTO LINE WITH THE RULES THAT ARE IN THE ADMINISTRATIVE CODE AND THE NATURAL RESOURCE CODE. THAT'S WHAT WE'RE GOING TO DISCUSS TODAY, IS WHAT EXACTLY DOES THAT MEAN FOR THE CITY OF GALVESTON AND THOSE WHO ARE BUILDING IN THE CITY OF GALVESTON. THIS IS A MAP THAT YOU ALL ARE FAIRLY FAMILIAR WITH. WE USE IT TO DESCRIBE DIFFERENT AREAS AND DIFFERENT IMPORTANT LINES TO THE GENERAL PUBLIC. WHAT'S INTERESTING IS ACTUALLY THIS IS A GREAT REPRESENTATION OF WHAT WE'RE GOING BACK TO, WHICH IS YOU CAN SEE THAT THERE IS NO 200 FEET FROM MEAN LOW WATER IDENTIFIED ON THIS MAP THAT WAS CREATED. THAT'S BECAUSE FROM HERE ON OUT, THAT LINE IS ONLY UTILIZED IN VERY PARTICULAR INSTANCES. WE ARE NOW DEFAULTING TO THE LINE OF VEGETATION AS A LINE IMMEDIATELY BEHIND A DUNE VEGETATION STRUCTURE. AT THE INITIAL START OF WHERE SAND BECOMES PLANTS, AND THOSE PLANTS MUST BE DUNE VEGETATION, AND THAT DUNE VEGETATION DOES NOT NECESSARILY HAVE TO BE TIED TO A DUNE TOPOGRAPHY, THAT IS OUR NEW LINE OF VEGETATION. LET'S TALK ABOUT WHY THAT'S IMPORTANT. I'VE USED THE EXAMPLE BEFORE WITH A SHEET OF PAPER OR AN ENVELOPE, THAT THE BEACH IS A UNIT. IT MOVES AS A WHOLE. YOU CAN SEE HERE IN THIS PHOTO, WHICH IS ACTUALLY PUBLISHED IN A PAPER ABOUT GALVESTON ISLAND BY ONE JIM GIBEAUT, WHO IS A VERY FAMOUS NAME AMONGST THE BUREAU OF ECONOMIC GEOLOGY. THIS WAS PUBLISHED IN '94 AND IT ACTUALLY SHOWS EXACTLY WHAT WE'RE TALKING ABOUT HERE WITH REGARDS TO THE FACT THAT WHEREVER YOU HAVE LOTS THAT WERE DEVELOPED, THOSE DELETE OUT PORTIONS OF THE BEACH PROFILE AND WE SEE THOSE BEACH PROFILE PORTIONS THAT WERE DELETED OUT OF DEVELOPED LOTS FORMING WHERE THEY WOULD WANT TO FORM ON LOTS THAT WERE UNDEVELOPED. I BRING THIS UP BECAUSE IT'S A GREAT CARTOON VERSION OF SOMETHING THAT WE SEE IN THIS CHAMBER NEARLY EVERY SINGLE TIME THAT WE MEET. WHERE WE TALK ABOUT, OH, WELL, THIS LOT HAS A BUNCH OF DUNES ON IT, BUT THE NEIGHBORING ONE DOESN'T. WELL, THAT'S BECAUSE THEY'RE MOWING THEIR LAWN, BECAUSE THEY HAVE A POOL THERE. THAT'S WHAT BRINGS US TO THIS POSITION. LET'S ACTUALLY TALK ABOUT DETERMINING THE LINE OF VEGETATION, HOW DOES IT WORK? WELL, IF SOMEBODY WANTED TO PUT A BEACHFRONT HOME SOMEWHERE ON THIS LOT, THEY WERE TRYING TO FIGURE OUT WHERE IT GOES, WHAT THEY WOULD CURRENTLY DO IS, [00:40:01] SO THE RULE NOW IS THAT THE DUNE ITSELF, THE LINE OF VEGETATION, YOU TAKE THE AVERAGE OF THE ELEVATION POINTS ON THE LINE OF VEGETATION WHERE THERE EXISTS DUNES, AND YOU CONNECT THAT ACROSS THOSE TWO LOTS. YOU CAN SEE ON THESE LOTS WHERE THERE ARE DUNES, IT'S PRETTY STRAIGHTFORWARD. YOUR LINE OF VEGETATION IS YOUR LINE OF VEGETATION YOUR NORTH TOE DUNE IS YOU'RE NORTH TOE DUNE 25 FEET LAND TO THAT, THAT'S YOUR DUNE PROTECTION LINE. IF YOU DON'T HAVE DUNES, THEN WHAT YOU WOULD DO IS YOU TAKE THE ELEVATION OF THE LINE OF VEGETATION WHERE IT IS KNOWN, YOU CONNECT THOSE VIA THE AVERAGE OF THAT ELEVATION, YOU CONNECT THAT, HERE I SHOWED IT AS A STRAIGHT LINE, BUT REALLY IT WOULD BE A CONTOUR, IT'D BE AN ELEVATION CONTOUR THAT BECOMES YOUR LINE OF VEGETATION. THEN IF THERE ARE NO DUNES 200 FEET LANDWARD OF THAT BECOMES YOUR DUNE PROTECTION LINE. WHAT THIS CAUSES IS YOU WILL SEE THAT PROPERTIES WITHOUT DUNES WILL HAVE HOUSES FURTHER BACK THAN PROPERTIES WITH DUNES. THIS INTRINSICALLY, I THINK MAKES SENSE WHEN YOU'RE CONSIDERING WHETHER OR NOT A PROPERTY IS SAFE. LET'S DISCUSS COMPLICATIONS, [NOISE] WHERE THERE ARE NO DUNES. [LAUGHTER] [BACKGROUND]. >> WAS THAT THE HURRICANE. >> A HURRICANE CAME THROUGH AND WIPED OUT THE DUNES. [LAUGHTER] [BACKGROUND] NOW THEY'RE GONE. WHAT DO WE DO? WELL, IN THESE INSTANCES WHERE THERE IS NO ESTABLISHED LINE OF VEGETATION AND WE'RE LOOKING TO TRY AND ESTABLISH ONE IN THESE INSTANCES IS WHEN YOU WOULD BREAK BACK OUT THE 200 FOOT LANDWARD RULE. IF THERE IS A LINE OF VEGETATION OFF TO EITHER SIDE OF THE LATIN QUESTION, YOU'RE GOING TO USE THOSE TO ESTABLISH AN AVERAGE ACROSS THE AREA, AND THAT'S GOING BE YOUR LOV 200 FEET LANDWARD TO THAT YOU'RE DOING PROTECTION LINE. IN THE INSTANCES WHERE EVERYTHING IS WIPED OUT, THAT'S WHEN WE CAN GO BACK TO A 200 FOOT LANDWARD AMINE LOW WATER PLUS 200 FEET GIVES ME MY NEW DPM, MY NEW DUNE PROTECTION LINE. NOW I SHOWED THIS FROM THE SIDE AS WELL JUST FOR CLARIFICATION SAKE, SO I JUST WANT TO SHOW EVERYBODY THE PROGRESSION AND THE WAY THAT THIS WILL WORK IN THE FUTURE. THIS IS YOUR PERFECT CASE. WE'VE GOT THE GREEN VEGETATION ACROSS THE GROUND HERE. WE'VE GOT A DUNE STRUCTURE AND WE'VE GOT SOMEBODY WANTING TO BUILD THEIR PERFECT BEACHFRONT HOME. YOU CAN SEE THAT THE LINE OF VEGETATION ITSELF STOPS AT THE VEGETATION, NOT AT THE SOUTH TOE OF THE DUNE. THAT LINE THEN FORMS THE DUNE ITSELF. BUT BECAUSE THERE'S A DUNE, YOU'RE NOT MEASURING OFF OF THAT FOR ANYTHING OTHER THAN WHAT IT IS. YOU'VE GOT YOUR NORTH TOE OF DUNE FROM WHICH WE MEASURE OUR 25 FOOT LINE. THEN WE'VE GOT OUR 50-FOOT REVIEW AREA FOR THE PLANNING COMMISSION ADDED ONTO THAT. THAT'S WHERE THEY COULD PUT THEIR HOUSE IF THEY HAD DUNES. NOW WHAT IF THEY DON'T HAVE DUNES? WELL, YOU CAN SEE THE BLUE IMPRINT OF THE DREAM HOUSE FROM BEFORE STILL ON THIS MAP. BUT IF YOU DID NOT HAVE DUNES, BUT YOU DID HAVE VEGETATION, WE WOULD BE ABLE TO SAY THAT THE VEGETATION LINE EXISTED. WE WOULD MEASURE 200 FEET FROM THAT LOV, AND WE WOULD PUT OUR DPL THERE. THAT GIVES US OUR GREENHOUSE. YOU CAN SEE THE RESULT, WHICH IS OUR GREENHOUSE IS BEING BUILT FURTHER LANDWARD THAN OUR BLUE HOUSE. WHAT YOU WANT, IF YOU'RE NOT GOING TO HAVE DUNES YOU WANT TO BUILD AWAY FROM THE BEACH. NOW, IN THE EXTREME CASE OF THE ORANGE HOUSE HERE, WHERE THERE IS NO DUNE AND THERE IS NO VEGETATION, SO THERE'S VERY LITTLE CHANCE OF A DUNE REFORMING, THAT'S WHEN WE BREAK BACK OUT THE 200 FEET LINE FROM MEAN LOW WATER, 200 FEET FROM THAT FOR OUR DUNE PROTECTION LINE, AND NOW THEY'RE BUILDING THEIR HOUSE MUCH FURTHER AWAY FROM WHERE THEY COULD HAVE IF THEY HAD VEGETATION OR IF THEY HAD A DUNE. BUT AGAIN, INTRINSICALLY, I THINK THAT THAT MAKES SENSE IN TERMS OF SAFETY SAKE. THAT CONCLUDES THE SLIDES FOR TODAY. HOWEVER, IT DOES NOT HAVE TO INCLUDE THE CONVERSATION. ARE THERE QUESTIONS, CONCERNS, POINTS, FACT TO BRING UP? YEAH, RUSSELL. >> SPECIFICALLY ON THIS ONE, I'D LIKE TO POINT OUT THAT THE LAST CASE YOU HEARD IS ONE THAT TECHNICALLY FELL INTO THIS CRITERIA. [00:45:01] THAT THE REASON THAT YOU HEARD IT IS BECAUSE IT FELL INTO THE AREA WHERE THAT ORANGE HOME IS, WHERE THERE WAS NO VEGETATION OR AS THE JLO ORDER STATED, THERE WAS NO VEGETATION. IT WAS 200 FEET FROM THE MEAN LOW WATER. THERE WERE NO DUNES 200 FEET FROM THAT. THEN 50 FEET FROM THAT IS [INAUDIBLE] PURVIEW, AND THAT'S WHAT BROUGHT IT TO THE PLANNING COMMISSION. >> SURE. >> THIS IS THE EXAMPLE OF THAT LAST CASE? >> YES, SIR. >> WHAT'S CONSIDERED VEGETATION? >> IT HAS TO BE DUNE PLANT SPECIES THAT ARE TYPICALLY FOUND IN THIS AREA. THERE'S ACTUALLY A LIST OF THEM, BOTH IN OUR ORDINANCES AND IN THE ADMINISTRATIVE CODE. IT SPECIFICALLY CANNOT BE ANY LAWN GRASS OR SOD. ANYTHING THAT WAS ADDED BY THE DEVELOPMENT OF THE PROPERTY DOES NOT CONSTITUTE VEGETATION AND WILL NOT BE CONSIDERED BY THE STATE. >> EVEN IF THAT VEGETATION THAT WAS ADDED BY THE DEVELOPMENT WAS PLANTS IN THAT LIST? >> IF IT'S DUNE PLANTS, YES. THAT COUNTS. THAT'S WHERE WE ARE GETTING INTO A TIME NOW THAT IT'S MUCH LESS STRAIGHTFORWARD SITUATION, NOW THAT THE ORDER IS RESCINDED, NOW THAT THE SUSPENSION HAS GONE, EVERY SINGLE PROPERTY IS GOING TO REQUIRE MORE EFFORT ON STAFF'S PART TO DETERMINE WHERE THAT LINE OF VEGETATION IS. IT'S GOING TO REQUIRE A LOT MORE COORDINATION WITH THE GENERAL LAND OFFICE BECAUSE ULTIMATELY, THEY'RE THE ONLY ONES WHO ARE ALLOWED TO DETERMINE WHAT IS A LINE OF VEGETATION. IT'S NOT JUST GOING TO BE A SIMPLE PROCESS OF SEND OUT A SURVEYOR AND CALL IT A DAY. IT WILL REQUIRE A GOOD BIT OF INVESTIGATION OF PHOTOGRAPHY AND A LOT OF WORK PUT INTO ESTABLISH WHAT IS IN THE LINE OF VEGETATION ON A PROPERTY. >> TO NAIL THAT ONE HOME, IN THIS SPECIFIC CASE, THE MOST SEAWARD HOUSE IN THIS ROW, AND WOULD YOU GO BACK TO THE FIRST ONE ON THAT SLIDE? PREVIOUS. >> YEAH. THERE WE GO. >> THE MOST SEAWARD HOUSE HAD COMPLETED A DUNE RESTORATION PROJECT FOR THEIR HOME PROTECTION, CONTINUE TO THE BEGINNING OF THIS CASE, PLEASE. THAT DOES NOT MEET THE REQUIREMENTS FOR RESTORING DUNES. IT WOULD NOT BE CONSIDERED A DUNE TO BE MEASURED OFF OF, BUT IT WOULD POTENTIALLY START GROWING DUNE VEGETATION. AT THE TIME THAT THE AERIAL PHOTOS WERE TAKEN THIS PAST WINTER, JANUARY, FEBRUARY. IT WAS BALD BEAR AND ALL THAT WAS THERE WAS TURF GRASS. AS YOU CAN SEE HERE. THE DUNE ITSELF IS JUST SAND. BEHIND IT IS TURF, LAWN GRASS. THERE WAS NO LINE OF VEGETATION TO BE MEASURED OFF OF HERE. WE DIDN'T HAVE TO DETERMINE THAT BECAUSE THIS WAS BASED OFF THE GLO'S ORDER SAYING THAT IT WAS 200 FEET FROM THE MEAN LOW TIDE LINE. NOW, IF THIS CASE CAME BEFORE US TODAY, WE WOULD HAVE TO ASSESS WHERE THE LINE OF VEGETATION IS, BASED ON ALL THE POINTS THAT WERE JUST DISCUSSED. >> DATA POINT, YOU CAN NO LONGER USE THE MEAN LOW TIDE AS A DATA POINT? >> WE CAN IF WE HAVE GONE THROUGH THE PROCESS, DETERMINE THAT THERE IS NO NATURAL LINE OF VEGETATION, THAT THE ADJACENT PROPERTIES DO NOT HAVE A VEGETATION LINE TO BE COMPARED TO. >> THAT WOULD BE THIS ONE, RIGHT? >> BECAUSE THERE'S NO NATURAL LINE OF VEGETATION IF IT'S TURF GRASS? >> CORRECT. >> CORRECT. EVEN WITH A NEW RULING, YOU CAN USE THE MAIN LOW TIDE AS A DATA POINT? >> YES. AS LONG AS YOU'VE CHECKED THOSE OTHER BOXES AND SAID THAT THERE'S NOTHING ELSE THAT YOU CAN MEASURE IT OFF OF. >> IN ALL CASES, YOUR OBJECTIVE DATA POINTS THAT IS THAT EVERYBODY AGREES ON, WOULD BE THE MAIN LOW TIDE LINE OF VEGETATION OR NORTH TO OF THE DUNE. IS THAT RIGHT? THOSE ARE ALL OBJECTIVE DATA POINTS THAT EVERYBODY AGREES ON. WHO ESTABLISHES THOSE? DOES THE SURVEYOR ESTABLISH THOSE? >> A SURVEYOR IS THE ONE THAT ULTIMATELY IS REQUIRED TO DOCUMENT THEM PER THE CITY CODE. HOWEVER, WE HAVE HAD ISSUES WHERE INTERPRETATIONS OF THOSE LINES HAVE BEEN CALLED INTO QUESTION BY STAFF, APPLICANTS, OTHERS, BECAUSE SOMETIMES THERE IS NOT A GOOD DEFINITION. FOR INSTANCE, NORTH TO OF DUNE ACTUALLY IS NOT DEFINED. [00:50:01] >> SOMEBODY'S GOT A SQUID LINE ON ONE OF YOUR [OVERLAPPING] >> CORRECT. IT'S MAPPED, BUT IT'S NOT DEFINED. EVERY SINGLE HOUSE THAT YOU GO TO, CURRENTLY, THERE'S NO DEFINITION. >> NON-OBJECTIVE DATA POINTS THAT EVERYBODY AGREES ON. >> IT IS NOT. IT IS SOMETHING THAT I HAVE ADDRESSED IN THE AMENDMENT TO CHAPTER 29, BUT I'LL BE PRESENTING TO COUNSEL ON THE 25TH THAT I FEEL STRONGLY THE CITY SHOULD MOVE FORWARD WITH GETTING ADOPTED AS SOON AS POSSIBLE, BECAUSE CURRENTLY, IT DOES PUT US IN A VERY SUBJECTIVE SPOT OF WE MEASURE OFF OF THE NORTH TO THE DUNE, BUT TECHNICALLY THE NORTH TO OF THE DUNE IS AN UNDEFINED POINT. >> IT CHANGES OVER TIME? >> OH, ABSOLUTELY, IT DOES. THE WHOLE EVERYTHING ON THIS SYSTEM DOES. THAT'S THE THING IS THIS IS A VERY FLUID SYSTEM. >> BRANDON, THE SAME THING CAN BE SAID TO ABOUT COUNTING ON A SURVEYOR FOR THE NORTH TO OF THE DUNES. SAME THING CAN BE SAID ABOUT COUNTING ON A SURVEYOR FOR WHAT IS A DUNE PERIOD? WHAT IS A SWELL [OVERLAPPING]? THEY DON'T KNOW THAT TERMINOLOGY. >> YOU'RE CORRECT. THAT'S WHY SINCE MY TIME HERE WITH THE CITY, I INITIATED EFFORT WHERE WE ACTUALLY OFFERED TO EVERY SINGLE PROPERTY OWNER, EVERY SINGLE APPLICANT, EVERY SINGLE ENGINEER, EVERY SINGLE SURVEYOR THAT WE GET IN TOUCH WITH THAT BEFORE THEY GO OUT IN THE FIELD AND DRAW A SINGLE LINE ON SOMEBODY'S PROPERTY, WE'RE HAPPY TO MEET WITH THEM OUT THERE AND GIVE OUR OPINIONS AS BEACH PROFESSIONALS ON THE MATTER. BECAUSE IT'S SURPRISING TO SOME THAT SOMEONE WHO IS A SURVEYOR, EVEN A BEACH SURVEYOR, A COASTAL SURVEYOR COMPANY THAT DOES THIS FREQUENTLY. THEY MAY NOT HAVE THE SAME SCIENTIFIC BACKGROUND AS SOMEONE LIKE RUSSELL OR MYSELF. IT DOES PUT THEM IN A POSITION OF THEY'RE TRYING THEIR BEST TO DRAW A LINE. BUT WHAT THEY MAY CONSIDER THE NORTH TO OF THE DUNE MAY ACTUALLY ONLY BE THE FIRST CREST OF A DUNE IN AN ENTIRE DUNE FIELD AND WE WOULD ACTUALLY SAY, NO [LAUGHTER] THE NORTH TO OF THE DUNE WOULD ACTUALLY A MISNOMER. WHAT WE TALK ABOUT IS ACTUALLY THE NORTH TO OF THE CRITICAL DUNE AREA. THEN YOU HAVE TO STEP THEM BACK. YOU HAVE TO ZOOM OUT AND SAY, "OKAY, THE CRITICAL DUNE AREA INCLUDES THE PRIMARY DUNE RIDGE, ANY SECONDARY OR TERTIARY DUNE RIDGES THAT WE HAVE, ANY WETLANDS, SWAIL THAT ARE CAPTURED BETWEEN THOSE DUNES ALL THE WAY UNTIL THE TIME THAT WE ACTUALLY REACH SOMETHING KNOWN AS THE HINTERLANDS. WHICH IS ANOTHER DEFINITION THAT WE'VE ADDED INTO THE CHAPTER 29 AMENDMENTS, WHICH IS THE LAND AT WHICH POINT YOU CEASE TO SEE COASTAL INFLUENCE ON THE PROPERTY. IT'S THE POINT AT WHICH YOU EXIT COASTAL TOPOGRAPHY AND VEGETATION AND BEGIN TO SEE WHAT WE WOULD CLASSIFY IN A WETLAND DELINEATION AND UPLAND. THAT NUANCE IS NOT ANTICIPATED OR EXPECTED OUT OF SOMEONE WHO IS PURELY A SURVEYOR, WHICH IS WHY WE'VE TAKEN AS STAFF SUCH A CONCERTED EFFORT TO TRY AND BRING THAT CAPABILITY TO THEM WHENEVER THEY'RE OUT THERE DOING A SURVEY BECAUSE WE HATE NOTHING MORE THAN WHEN ONE OF OUR RESIDENTS ON THE ISLAND HAS GONE OUT, PAID $1,500 FOR A SURVEY, COME TO US AND THEN WE GO, WELL, THIS IS JUST BLATANTLY. >> RIGHT. >> IT'S NOT NECESSARILY WRONG BECAUSE THE SURVEYOR, BUT IT'S NOT WHAT I WOULD HAVE DRAWN ON THE MAP. >> HOW MANY TIMES THAT [OVERLAPPING] WE ALL SEEN SOMETHING CALLED A DUNE AND IT'S NOT A DUNE. >> ABSOLUTELY. >> [OVERLAPPING] IS A DUNE, NOT A DUNE. WE'VE ALL SEEN IT A BUNCH OF TIMES. GREAT. COUNCILMAN LISDOWSKI, YOU'VE SEEN IT HERE AND YOU'VE HEARD US GRIPE AND WAIL ABOUT IT. I HOPE THAT YOU WILL LET EVERYBODY KNOW THAT'S A REAL THING. THANK YOU. >> MEAN LOW WATER IS MORE OBJECTIVE, RIGHT? >> MEAN LOW WATER IS VERY OBJECTIVE BECAUSE IT'S AN AVERAGE OF ELEVATION OVER A SERIES OF DATA POINTS. YES, IT'S MUCH [OVERLAPPING] >> MORE RELIABLE DATA POINT. >> IT IS. YES. UNFORTUNATELY, THE CODE THAT'S ON THE BOOKS IS MUCH MORE SUBJECTIVE THAN WHAT IS IN PLACE AFTER A STORM, LIKE WHAT WE'VE BEEN LIVING IN THE LAST SEVERAL YEARS. LUCKILY, THAT OPTION IS STILL ON THE BOOKS. IT'S STILL THERE. BUT ONLY AFTER YOU'VE CHECKED THE OTHER ITEMS ABOUT IS THIS BLADE OF GRASS, A DUNE BLADE OF GRASS. IF SO, IS THERE ENOUGH OF IT HERE TO CLASSIFY IT AS A LINE OF VEGETATION? IT MAKES RUSSELL'S JOB MUCH MORE DIFFICULT MOVING FORWARD. >> WHY WOULDN'T WE DEFINE THE NORTH TO LIKE A LINE THAT IS [00:55:03] A WETLAND DELINEATION LINE IS DETERMINED TYPICALLY BY THE SOIL OR PLANT MATERIAL? FROM WHAT I'M HEARING. IT HAS ALMOST NOTHING TO DO WITH TOPOGRAPHY. REALLY MEAN TO SOME DEGREE, YES, BUT I'M TRYING TO FEEL [OVERLAPPING]. WE SHOULD DEFINE IT AND THEN MY AMENDMENTS, WE DO DEFINE IT. BUT CURRENTLY, IN THE CODE WE DO NOT. >> YOUR SUGGESTION IS TO DEFINE IT? >> YES. >> IT WOULD BE VERY SIMILAR TO HOW WE DEFINE WETLAND. >> THE TERMINOLOGY THAT WE'RE USING IN THE PROPOSAL IS ACTUALLY THAT THE NORTH TO OF THE DUNE IT'S THE POINT AT WHICH THE FINAL JUST SENT OFF OF A DUNE STRUCTURE REACHES THE APEX AND BEGINS TO TURN BACK AND THERE'S SOME CLASSIFICATION IN THERE ABOUT THE FACT THAT IT MUST TURN INTO FROM THAT POINT, EITHER A WETLAND SWALE THAT'S THEN BACKED BY UPLAND, OR AN UPLAND ITSELF. BECAUSE IF YOU HIT ANOTHER DUNE STRUCTURE THAN IT, THEN YOU WOULD SKIP OVER AND YOU WOULD CONTINUE. WE ACTUALLY DEFINE VERY CLEARLY IN THE AMENDMENT EXACTLY WHAT A NORTH TO OF DUNE IS. HOPEFULLY, THAT PUTS THE CITY AND ALL OF YOU IN A MUCH CLEARER POSITION MOVING FORWARD BECAUSE IT WON'T BE SOMETHING THAT'S JUST UP TO INTERPRETATION. WE WILL HAVE AT LEAST A DEFINITION OF WHAT WE KNOW THAT WE'RE LOOKING FOR AND HOPEFULLY, IT SIMPLIFIES THINGS MOVING FORWARD. >> MOWING THE GRASS AS IT BEGAN COULD BECOME A BIG DEAL. >> MOWING THE GRASS IS GOING TO BE SOMETHING THAT WE'VE UNCOVERED WHILE GOING THROUGH THIS PROCESS IS THAT OUR CODE CURRENTLY STATES THAT YOU'RE NOT ALLOWED TO DO ANYTHING WITHIN 25 FEET OF THE NORTH TO THE DUNE. HOW MANY HOUSES DO WE KNOW THAT ARE BUILT RIGHT ON THAT 25-FOOT SETBACK AND ABSOLUTELY MOW BETWEEN THE END OF THEIR HOUSE AND THE NORTH TOW OF THE DUNE. TECHNICALLY, PER THE CODE, THAT MOWING IS NOT PERMISSIBLE BUT THAT HAS NOT BEEN SOMETHING ENFORCED ACROSS THE ISLAND EVER TO MY KNOWLEDGE. THAT'S ANOTHER ASPECT OF OUR ISLAND THAT WE'RE GOING TO HAVE TO COME TO THE DECISION ON HOW WE WANT TO TREAT THAT. >> IF YOUR RECOMMENDATIONS ARE APPROVED, HOW DOES ALL THIS GET BACK TO THE PEOPLE WHO ARE GOING TO BE FILLING OUT THESE PERMITS? >> THE PROCESS THAT AND I'M DEPENDING ON THE FACT THAT DONNA WILL STOP ME IF I START TALKING ABOUT THINGS THAT I'M NOT ALLOWED TO TALK ABOUT. >> LET'S MAKE SURE WE STAY ON OUR AGENDA ITEM, EVERYONE. >> IN TERMS OF THE RECOMMENDATIONS THAT ARE IN THE CHAPTER 29 THAT I'LL BE TAKING THE COUNCIL THEY WILL BE TAKEN TO THE GLO. ONCE THE COUNCIL HAS LOOKED AT THEM THEY'LL BE TAKEN TO GLO FOR AN INFORMAL REVIEW. THAT INFORMAL REVIEW WILL RESULT IN COMMENTS FROM THEM WHICH HAVE TO BE ADDRESSED BY STAFF. THEN IT WILL BE TAKEN TO THE CITY COUNCIL TO BE PASSED AS AN ORDINANCE. THAT ORDINANCE IS THEN PROVIDED TO GLO FOR A FORMAL REVIEW. THE GLO THEN PUBLISHES IT IN THE TEXAS REGISTER FOR 30 DAYS FOR A PUBLIC HEARING, AT WHICH POINT IT WOULD. >> IT'S SUPPOSED TO BE ON THE MORATORIUM. >> AT WHICH POINT IT WOULD BE THAT. >> MORATORIUM. ARE WE SUPPOSED TO BE TALKING ABOUT TODAY IS THE MORATORIUM? >> [INAUDIBLE] >> OKAY. JUST KEEP US ON TRACK, MS. BAIR WETHER. >> THAT'S AN IDEA OF A TIMEFRAME BETWEEN THIS DISCUSSION AND WHEN IT ACTUALLY. >> TO ANSWER THE TIMEFRAME QUESTION TYPICALLY CAN TAKE UP TO SIX MONTHS. WE HOPE IT DOESN'T. BUT AGAIN. >> YEAH. THEN YOU HAVE AN ENFORCEMENT TOOL OF SOME KIND, BUT I GUESS THE REAL QUESTION IS, HOW DOES EVERYBODY THAT'S GOING TO FILL OUT FOR A PERMIT KNOW THAT THIS IS WHAT THEY'RE SUPPOSED TO DO? >> THERE WOULD BE A CONCERTED INFORMATION CAMPAIGN FOLLOWING THE ADOPTION OF THE ORDINANCE AND RUSSELL ALREADY HAS SOME GREAT IDEAS ABOUT FACILITATING THAT. [01:00:03] >> CAN YOU SPECIFY IN YOUR QUESTION, HOW WOULD PEOPLE KNOW WHICH PORTION? NOW, HOW WOULD PEOPLE KNOW THAT THERE ARE OBJECTIVE WAYS OF ARRIVING AT THEIR DATA POINTS THAT ARE CRITICAL TO GETTING THEIR PERMIT? >> THANK YOU. >> [INAUDIBLE] >> CORRECT. NO. IT'S GOING TO BE AND THIS IS ONE OF THE GLMS FAVORITE TERMINOLOGIES AND RUSSELL KNOWS WHAT I'M ABOUT TO SAY. IT'S GOING TO BE DECIDED ON A CASE-BY-CASE BASIS. >> YES. I'M SORRY. EXCUSE ME. >> GOOD. >> COUNCILMAN. >> WE'RE HERE TODAY JUST AS YOU'RE JUST INFORMING MANY OF US WHAT'S GOING ON HERE AND YOU HAVE AN ORDINANCE COMING TO COUNSEL. >> YES SIR. >> ON THE 28TH? >> THE 25TH. >> 25TH. >> ON THE 25TH, I'LL BE PRESENTING AT A COUNCIL WORKSHOP WHAT IS NOT JUST AN ORDINANCE, IT'S ACTUALLY AN AMENDMENT TO OUR BEACH ACCESS AND DUNE PROTECTION PLAN AND IT WILL INCLUDE A NUMBER OF ITEMS, ALL OF WHICH I WILL. THE DOCUMENT ITSELF WAS PROVIDED TO JANELLE AND HOPEFULLY, IT WILL GO OUT TO COUNCIL THIS WEEK FOR YOUR REVIEW AND THEN I WILL HAVE A POWERPOINT WHICH IS ALSO GOING TO BE PROVIDED TO CONCIL AND THAT POWERPOINT IS WHAT I WILL GO OVER IN THE WORKSHOP WHERE WE WILL TOUCH ON THE HIGH LEVEL OF EVERY BIG CHANGE THAT IS RECOMMENDED IN THE PLAN AMENDMENT AND THEN GIVEN A SIGN OFF FROM EVERYBODY THERE, RUSSELL WOULD MOVE FORWARD WITH GETTING IT TO THE GENERAL LAND OFFICE FOR THEIR KICKING OFF THEIR INFORMAL REVIEW PROCESS. >> DO WE KNOW HOW MANY LOTS THIS WOULD AFFECT? >> THE LOV DECISION, WHICH ISN'T PART OF THE AMENDMENT IT'S THE GLO THING THAT AFFECTS EVERYTHING FROM THE END OF THE SEAWALL TO 13-MILE ROAD. THERE ARE ENTIRE NEIGHBORHOODS NOW WHERE LOTS HAVE BEEN ESSENTIALLY RENDERED UNBUILDABLE. >> I MEAN, THAT'S MY QUESTION. DO WE KNOW HOW MANY OF THOSE LOTS ARE OUT THERE? >> WE RAN INTO ONE TODAY WHERE ENGINEER WAS WORKING WITH AN ARCHITECT WHO HADN'T GIVEN HIM THE FULL INFORMATION. I LOOKED UP THE LOT THAT WE WERE TALKING ABOUT AND SURE ENOUGH, IT'S ON A LOT THAT IF THEY BUILD A HOUSE, IT CAN BE BETWEEN MAYBE 20-30 FEET DEEP, 50 FEET WIDE. THAT'S ALL THEY'RE GOING TO BE ABLE TO FIT ON THE LOT BASED ON, EVEN IF THEY BUILD A DUNE THAT WOULD ALLOW THEM TO BECAUSE CURRENTLY WITH NO DUNE, WHICH IS WHAT'S ON THE LOT, IT'S UNBULIDABLE. IF THEY BUILT A 50-FOOT WIDE, 10-FOOT TALL DUNE PER THE ORDINANCE, THEY COULD ONLY RECOVER A HOUSE THAT WILL BE APPROXIMATELY 20 TO 30 FEET DEEP AND THAT APPLIES FOR EVERY LOT IN THAT ON THAT ROAD, WHICH WAS CLOSE TO A DOZEN MAYBE, AND THEN IT GETS EVEN MORE DRASTIC WHEN YOU START THINKING ABOUT THE NEIGHBORHOODS WHERE WE KNOW THAT THERE ARE NO DUNES SUCH AS PIRATES, PALM, PIRATES WEST, PIRATES WEST STARTS TO HAVE DUNES, BUT THOSE AREAS, WE'RE GOING TO HAVE MORE AND MORE OF THE HOUSES THAT WE'VE HAD RECENTLY WHERE THEY'RE INFILL AND YOU WOULDN'T NECESSARILY THINK THEY NEED TO COME TO YOU GUYS, WE'RE GOING TO START SEEING MORE AND MORE OF THOSE UNLESS THE CITY WANTS TO. THIS IS SOMETHING THAT WE'LL BE DISCUSSING AT THE 25TH, IS STAFF NEEDS RECOMMENDATIONS ON WHAT THE CITY WANTS TO DO AS FAR AS WHAT'S THE TRAJECTORY FOR HOW WE SEE THIS ISLAND GROWING. ARE WE GOING TO HAVE A CONTROLLED RETREAT APPROACH WHERE WE SAY, LOOK, THESE SETBACKS THAT ARE GOING TO EAT UP THE AREAS THAT ARE BUILDABLE, THEY'RE INEVITABLE AND WE'RE GOING BE SMART ABOUT IT AND WE'RE GOING TO PUT RULES IN PLACE THAT SAY, AS THIS EROSION OCCURS, WE'RE GOING TO WORK WITH IT OR ARE WE GOING TO SAY, YOU KNOW WHAT, NO, THIS IS TEXAS, YOU OUGHT TO BE ABLE TO BUILD IF IT'S YOUR PROPERTY AND UNLESS YOU'RE RIGHT ON THE BEACH, THEN THE RULES SHOULD STOP RIGHT ABOUT THERE. >> HOW DO YOU GO THAT ROUTE? OKAY. I'LL ASK THAT QUESTION ON THE 25TH. [LAUGHTER] >> I DO HAVE A QUESTION THOUGH. >> YES, MA'AM. >> ABOUT THE OVERALL APPROVAL AND THEN OF ALL OF THIS. [01:05:03] WHERE'S THE HURRICANE? THE HURRICANE DIDN'T MAKE IT. >> I WASN'T GOING TO SCARE EVERYBODY. >> THE HURRICANE DID WAKE EVERYBODY UP. >> WE'RE GOING TO GET BACK TO THIS. >> SEEMS LIKE SOMETIMES BEFORE THESE THINGS GO BEFORE COUNCIL THEY SLIDE THROUGH PLANNING COMMISSION. [OVERLAPPING] I'LL LET YOU ASK THAT QUESTION. WHY DID THIS NOT COME THROUGH PLANNING COMMISSION? >> OKAY. [LAUGHTER] I'LL LET YOU ASK THAT QUESTION AT ANOTHER TIME, THEN COUNCIL MEMBER. [OVERLAPPING] >> THAT GOES BACK TO MY ORIGINAL QUESTION WHEN I TALKED ABOUT WHAT ARE WE HERE FOR [OVERLAPPING] >> THE ONLY PEOPLE WHO WERE NOTIFIED OF THE RECENSION OF THE LOV SUSPENSION, WERE THE COMMUNITIES WHERE THE SUSPENSION HAD BEEN IN PLACE. THE GLO DID PUT IT ON THEIR WEBSITE BUT THEY DIDN'T DO A REAL BIG PUBLIC INFORMATION CAMPAIGN. THEY JUST POSTED IT ON THEIR WEBSITE WHERE IF YOU DON'T KNOW WHAT TO TYPE IN, YOU'RE NOT GOING TO FIND IT, AND THEN THEY EMAILED IT TO ALL OF US. AFTER CIRCULATING IT AMONGST CITY STAFF, AND I'VE ACTUALLY WRITTEN UP A MEMO AND PROVIDED IT TO CITY MANAGEMENT REGARDING THE POTENTIAL IMPACTS THAT THIS COULD HAVE ON THE CITY MOVING FORWARD. WE WANTED TO MAKE SURE THAT WE HAD HAD THIS DISCUSSION WITH OUR PLANNING COMMISSIONERS AND ON PUBLIC RECORD STATING WHERE WE WERE AT ON THE LINE OF VEGETATION AND WHAT THAT WOULD MEAN MOVING FORWARD ON APPLICATIONS. >> SURVEYORS. >> RUSSELL ALSO SENT OUT A PERSONALIZED E-MAIL BLAST TO ALL OF THE SURVEYORS THAT WE HAVE SEEN COME ACROSS OUR DESKS IN THE LAST YEAR, AND MADE THEM AWARE OF THIS AS WELL. WE'VE TRIED TO GET IT OUT THERE TO THE FOLKS WHO NEED IT THE MOST. >> THIS LETTER WAS SIGNED ON THE 3RD DATED THIS MONTH. YOU ALL RECEIVED IT ON 3RD. >> WE RECEIVED IT ON THE 4TH. >> THE 4TH. YOU WERE ALREADY WORKING ON WHAT WE'RE GOING TO SEE ON THE 25TH OR? >> THAT'S CORRECT. ACTUALLY THE PLAN AMENDMENT AND THE AMENDMENT TO THE CODE OF ORDINANCES THAT HAS BEEN IN THE WORK SINCE I GOT HERE, WITH THE CITY, SO IT'S SOMETHING THAT'S PRETTY BROAD. IT INCLUDES EVERYTHING FROM SIMPLE TYPOS AND WORDS THAT WERE LEFT OUT TO FAIRLY SIGNIFICANT DEFINITIONS THAT WERE NOT INCLUDED OR CHANGES THAT I WOULD RECOMMEND THAT THE CITY MOVE FORWARD WITH IN ORDER TO CONTINUE TO MOVE FORWARD AT THE PACE THAT IT HAS BEEN. IT'S NOT AT ALL JUST TIED TO THIS ISSUE. >> I'M TRYING TO STAY ON THE SUBJECT. >> [NOISE] COMMISSIONERS BUT WHEN WE'RE TALKING ABOUT THE PLAN AMENDMENT THERE REALLY ISN'T ALL INDEPENDENCE. I DIDN'T MEAN TO DISRESPECT NOBODY. >> YEAH. I'M TRYING TO SAY ON THE SHAFT HERE BECAUSE [OVERLAPPING] >> IT'S OKAY. WE'RE ONCE AGAIN WE'RE IRRITATED. [LAUGHTER] >> THIS LETTER THAT WE'RE LOOKING AT TODAY, DID THAT SPEED UP THE PROCESS? >> NO, I WANTED TO HAVE THIS BEFORE YOU ALL NOW, AND THEN THIS JUST HAPPENED TO HAPPEN. >> ONE THING THAT IF I MAY POTENTIALLY CLARIFY, THE LETTER AND THE CHANGE BY THE GLO DIDN'T ACTUALLY CHANGE ANY OF OUR REGULATIONS OR THE GLOS REGULATIONS. THE SUSPENSION OF THE LINE OF VEGETATION ONLY CLARIFIED A STANCE BY THE GLO OF WHAT'S ACTUALLY PRE-EXISTING IN THE REGULATIONS. YOUR QUESTION OF WHAT HAPPENS IF THERE IS NO LINE OF VEGETATION THAT'S ON THE BOOKS. IF THERE'S NO LINE OF VEGETATION, THE LINE OF VEGETATION IS 200 FEET FROM ME IN LOW TIDE. THAT'S IN THE TEXAS ADMINISTRATIVE CODE. THE ONLY THING THAT THEY'RE MORATORIUM DID, IS IT STATED BASED ON WHAT WE'VE SEEN OUT IN THE FIELD IN THIS AREA FROM THE END OF SEAWALL TO 13 MILE ROAD, WE THE GLO HAVE DETERMINED THAT THERE IS NO VEGETATION HERE. WE THE GLO HAVE DETERMINED THAT FOR THE NEXT THREE YEARS THERE WILL BE NO SUFFICIENT VEGETATION TO MAKE DETERMINATIONS BASED OFF OF IT. THEY JUST SAID RATHER THAN HAVING TO TRY TO DETERMINE ON THAT CASE-BY-CASE BASIS, JUST ASSUME THAT FOR THIS ENTIRE AREA THIS IS WHAT'S GOING TO BE THE STATUS OUT HERE. IF THEY HADN'T DONE THAT, THAT WOULD HAVE STILL PRESUMABLY BEEN THE MEASUREMENT AND BEEN THE CASE FOR EVERY CASE THAT CAME BEFORE US DURING THIS TIME, [01:10:02] THERE MAY HAVE BEEN A FEW SPECIFIC INSTANCES FOR WHICH ENOUGH VEGETATION CAME BACK TO MEASURE OFF OF INSTEAD. THEY'RE REVOKING THIS. THE ONLY SURPRISE SIGNIFICANT CHANGE WAS THAT ORIGINALLY THIS HAD BEEN STATED THAT THE EXPECTATION WAS IT WOULD CONTINUE UNTIL SPRING MARCH OF 2023. WITHOUT FOREWARNING, THIS WAS REVOKED [OVERLAPPING] >> IN AUGUST OF '22. >> CORRECT. >> REPLACED WITH THAT LAST SLIDE. >> NO, NOT REPLACED. JUST RETURN TO 4TH. >> RETURN TO THAT LAST SLIDE. >> TO NORMAL. >> RETURN TO THE NORMAL. >> THAT LAST SLIDE IS REALLY WHY THERE'S WHOLE BLOCKS OF HOUSES OR BLOCKS OF LOTS THAT CAN'T BE BUILT ON. CURRENTLY. >> IT IS ACTUALLY BECAUSE OF THIS, THE WHOLE LOTS OF BLOCKS CAN'T BE BUILT ON. FOR INSTANCE, THE LINE OF VEGETATION HERE IS MEASURED BASED ON AN ACTUAL LINE OF VEGETATION. IF WE LOOKED AT A PROPERTY THAT LET'S SAY DIDN'T HAVE ANY DUNES AND I DON'T WANT TO MENTION ANY SPECIFIC PROPERTIES, BUT LET'S SAY THAT WE LOOKED AT, IMAGINE, IF YOU WILL, A NEIGHBORHOOD THAT HAS A SINGULAR ROAD THAT IS PARALLEL TO FM3WO5, THAT DOES NOT HAVE A SPACE LANDWARD OF THAT ROAD TO BUILD HOUSES. THE HOUSES ARE ONLY BUILT SEAWARD OF THAT ROAD, YOU'RE ALL STILL WITH ME? IF THAT NEIGHBORHOOD HAD LOST ALL OF THEIR DUNES, BUT STILL HAD DUNE VEGETATION, MAYBE THE LOTS WERE, LET'S SAY 120 FEET DEEP. BUT THE VEGETATION ON THOSE LOTS STARTED GROWING APPROXIMATELY 60, 70 FEET INTO THE LOT. THE LINE OF VEGETATION AS MEASURED 200 FEET FROM THE MEAN LOW WATER, SITS WELL SEAWARD OF WHERE THAT VEGETATION IS ACTUALLY GROWING. HOWEVER, IF WE RETURN TO FORM AND BEGIN TO MEASURE OFF OF THE ACTUAL LINE OF VEGETATION, THAT MOVES ALL OF OUR SETBACKS LANDWARD. THAT IS THE SITUATION THAT HAS NOW PUT A NUMBER OF LOTS WITHIN THE CRITICAL DUNE AREA WITHIN THE SETBACKS THAT BUILDING IS PROHIBITED. >> SAY THAT ONE MORE TIME. >> OKAY. [LAUGHTER] WE HAVE A NEIGHBORHOOD [OVERLAPPING] >> THEY'RE BOTH PARALLEL. >> YEAH, YOU'RE FOLLOWING. THE 200 FEET FROM MEAN LOW WATER, THAT MAY ACTUALLY SIT 50, 40, 30 FEET SEAWARD OF THE END OF THE LOT LINE. WHICH THEN WHEN YOU MEASURE OFF OF THAT 200 FEET, YOU MAY HAVE A CHUNK OF LOT THAT YOU'RE BUILDABLE ON UNDER THE SUSPENSION. BUT NOW THAT THE SUSPENSION IS OVER AND WE'RE DEALING WITH ACTUAL LINES OF VEGETATION, THAT LOT MAY HAVE A LINE OF VEGETATION THAT EXISTS 70 FEET SEAWARD FROM THE ROAD ON THE LOT. WHEN YOU'RE TALKING ABOUT BUILDING ON THAT LOT, THE LINE OF VEGETATION MAY SIT 70 FEET SEAWARD OF THE END OF THE LOT LINE. IF YOUR 200 FEET OFF OF THAT AS YOUR DPL, THAT'S NOT A BUILDABLE LOT. IF THEY BUILD A DUNE THAT ALLOWS THEM TO MOVE THE DPL, THAT DUNE MUST BE 50 FEET WIDE. TWENTY FEET OF IT CAN GO SEAWARD TO THE EXISTING LOV, 30 FEET HAS TO GO LANDWARD OF THE LOV. IF WE HAD 70 FEET OF LOT THAT WAS BEHIND THAT LOV, NOW WE HAVE 40 FEET OF LOT THAT'S BEHIND THE LOV. YOU ADD IN THE 25 FEET OF SETBACK, NOW WE HAVE 15 FEET. YOU ADD IN YOUR FIVE FEET OF FRONT SETBACK OR YOUR 10, YOU'RE LEFT WITH 5,10 FEET. YOU CAN PUT A TENT THERE. [LAUGHTER] >> ANOTHER WAY OF THINKING ABOUT IT IS IF THERE IS NO LOV, THERE'S NO LINE OF VEGETATION. YOU'RE BASICALLY 400 FEET FROM MEAN LOW WATER TIDE, 400 FEET FROM THERE, YOU CAN'T BUILD ANYTHING. >> THAT'S WHY I'M CONFUSED WITH THE LETTER. THE LETTER SAID THERE WAS NO LINE OF VEGETATION FROM THE SEAWALL TO 13 MILES. >> IT SAID THAT THE LINE OF VEGETATION HAD BEEN DECIMATED AND THAT FOR THE NEXT THREE YEARS, THEY WEREN'T GOING TO MEASURE OFF OF IT BECAUSE THEY WERE GOING TO HOPE THAT IT WAS GIVEN THE OPPORTUNITY TO RECOVER. >> OKAY. >> WHICH HAD LED TO A SITUATION WHERE ACTUALLY PROPERTIES THAT SHOULD NOT HAVE BEEN DEVELOPABLE, WERE DEVELOPABLE FOR THAT PERIOD UNDER THE HOPES THAT PEOPLE WOULD ALSO BE [01:15:02] RESTORING DUNES AS THEY WENT AND THAT THE BEACH ITSELF WOULD GROW BACK AND COULD RETURN TO NORMAL. AFTER THE TWO YEARS, APPARENTLY, THE GLO DECIDED THAT THE SITUATION WAS NOT GONNA GET ANY BETTER THAN IT IS TODAY. THAT'S WHY THEY NOTIFIED US THAT THE LETTER HAD BEEN RESCINDED. THAT WE WERE GOING BACK TO TRADITIONAL RULES, WHICH ARE PUTTING A LOT OF PROPERTIES IN A MORE EXTREME SITUATION THAN THEY WERE PREVIOUSLY. >> OKAY. OF COURSE, THERE IS A LOT OF LAND OUT THERE THAT IS NOT DEVELOPED CURRENTLY. LOT OF VEGETATION WOULD APPLY FOR THOSE UNDEVELOPED TRACKS. IF THERE'S DUNE ON MY GUESS. >> THIS MIDDLE TRACK HERE IS IN THIS INSTANCE AND UNDEVELOPED TRACK. IF THERE IS A DUNE THERE THEN YOU MEASURE OFF THE LOV, YOU'VE GOT YOUR NORTH TO DUNE 25 FEET OFF OF THAT, YOU CAN BUILD YOUR HOUSE. >> OKAY. >> YEAH. >> THEY JUST BLANKET THAT WHOLE AREA IS AND THAT THE DUNE GOT DECIMATED IN THOSE STORMS? >> YES. >> IT'S NOT GOING TO GET ANY BETTER. >> BECAUSE THE THING IS THE LINE OF VEGETATION, IT DOESN'T DECIDED TO DO A DUNE PROTECTION LINE UNLESS YOU HAVE NO DUNES. THIS WHOLE TIME OVER THE LAST TWO YEARS, IF YOU HAD DUNES, THE REGULAR RULES APPLY TO YOU ANYWAY, IT WAS ONLY IF YOU DIDN'T HAVE DUNES THAT IT WAS IMPACTING. >> THAT'S WHAT I WAS GOING TO GET ON. THE LETTER MAKES IT SOUND LIKE THERE WAS NO DUNE ANYWHERE IN BETWEEN THAT STRETCH OF. >> THERE WERE. >> OKAY. >> THERE WERE SOME NOT A LOT, BUT THERE WERE SOME THERE AND SOME HAVE RECOVERED FASTER THAN OTHERS. BEING BENEFICIAL FOR THOSE THAT ARE LANDLORD OF THEM. >> OKAY. >>THANK YOU. >> THANK YOU. >> THANK YOU. >> THAT WAS GREAT. >> LET'S HEAR THE HURRICANE AGAIN. >> YOU WANT TO HEAR IT AGAIN? >> YEAH. >> ALL RIGHT. >> ALL RIGHT, SO HERE WE HAVE A HOUSE WITH DUNES. OH, WAIT. [NOISE] >> MAY ALL HURRICANES BE THIS BRIEF. NOW THEY ARE GONE. >> THANK YOU. WE APPRECIATE THAT. ANYTHING ELSE, COMMISSIONERS? >> MADAM CHAIR. >> YES, SIR. >> I'D LIKE TO ADD A DISCUSSION ITEM TO OUR NEXT AGENDA, IF POSSIBLE. I WOULD LIKE TO DISCUSS THE CRITERIA TO ESTABLISH OUR ZERO ZONING. TO BE MORE SPECIFIC, I WOULD LIKE THE DEFINITION OF EXISTING AS OF SINGLE FAMILY OWNER OCCUPIED. I KNOW OUR PLANNING DIRECTOR GAVE US HIS DEFINITION. I'D LIKE TO ADD THAT. ALSO WHAT HAS CHANGED IS THAT A PART OF THAT CRITERIA IS THAT EXISTING IN THE PROPOSED CHANGES, THAT THERE SHOULDN'T BE ANY CHANGES TO ANY EXISTING SHORT-TERM RENTALS. WELL, NOW IT SEEMS THAT FROM WHAT WE HEARD LAST TIME, IS THAT IF THEY DON'T REGISTER THEIR SHORT-TERM RENTALS, THERE ARE NOT GRANDFATHER WHICH I DON'T THINK GRANDFATHERS THE CORRECT TERMINOLOGY IN THAT AND THAT THOSE REGISTRATIONS ARE HANDLED BY PART BOARD. I'D JUST LIKE TO TALK ABOUT THAT. I'M REALLY UNCOMFORTABLE. I FEEL LIKE I'M BEING TOLD I'M EATING ICE CREAM, BUT IT TASTES LIKE LIVER, SO I NEED A LITTLE HELP WITH THAT. IF YOU COULD ADD THAT TO OUR DISCUSSION. I WOULD APPRECIATE. >> OKAY. I WILL TELL YOU THIS THAT OUR NEXT MEETING IS SEPTEMBER 20TH, WHICH MEANS WE'RE GOING TO HAVE A DOUBLE MEETING ON SEPTEMBER 20TH. SINCE WE WILL ONLY HAVE ONE MEETING IN SEPTEMBER AND WE ALREADY HAVE THE CONFLICT OF INTERESTS ITEM HAS BEEN PUSHED, AND I BELIEVE THAT ALREADY DAVID HAS ASKED FOR A COMMISSIONER LEE HAS ASKED FOR MAYBE A DISCUSSION ITEM ON INCREASING LOT SIZES POTENTIALLY ON THE WEST END. WE MENTIONED THAT AND I THINK THAT WAS TALKED ABOUT FOR SEPTEMBER. IF THAT'S ON FOR SEPTEMBER, WE MIGHT PUSH IT TO OCTOBER. LET'S ASK CATHERINE TO LOOK AT OUR AGENDAS AND SEE IF WE HAVE ROOM FOR THAT, PLEASE. WHEN WE'RE LOOKING AT AGENDAS, SEPTEMBER, OCTOBER, IS THAT OKAY? >> I DON'T HAVE A PROBLEM. >> COMMISSIONER WALLA. >> I WOULD JUST LIKE TO HAVE THE [OVERLAPPING]DISCUSS IT. >> YES. >> BEFORE WE HAVE ANOTHER R0 IN FRONT OF IT. >> I SECOND IT. >> YES. I ABSOLUTELY SECOND THAT. YES. ABSOLUTELY. >> CAN YOU CLARIFY WHAT THE DISCUSSION ITEM IS? >> THE DISCUSSION ITEM IS TO HAVE SPECIFICALLY ON R ZEROS, [01:20:06] TO HAVE THE DEFINITION OF SINGLE FAMILY OWNER OCCUPIED. >> DEFINED. >> DEFINED. HE WANTS TO HAVE SOMEONE DISCUSS HOW PART BOARD IS INVOLVED AS FAR AS THE DESIGNATION AS A SHORT-TERM RENTAL AND WHEN SOMETHING IS OR ISN'T GRANDFATHERED IN AS A SHORT-TERM RENTAL. I DON'T KNOW IF WE NEED TO HAVE SOMEONE HERE FROM PART BOARD TO DISCUSS THAT. BECAUSE YOU REMEMBER SOMEBODY CAME IN AND TALKED ABOUT. I'M SURE THAT PETE CAN PROBABLY TALK ABOUT IT. >> THAT IS TYPICALLY ADDRESSED BY US, THAT IS TYPICALLY ADDRESSED IN THE NON-CONFORMITY SECTION OF THE LDR, WHICH TALKS ABOUT NONCONFORMING USES NOW BEING DISCONTINUED FOR A PERIOD OF 365 DAYS OR LONGER. >> WE CAN TALK ABOUT THAT [OVERLAPPING] >> IF YOU LOOK AT WHEN WE GET OUR STAFF REPORT, IT HAS A CUTE LITTLE BOX. A BOX AND IT SAYS THE CRITERIA AND IT'S LIKE THE BEFORE AND THE AFTER. THE FIRST PART IS WE GOT TO HAVE THESE OWNER-OCCUPIED STUFF. THEN ONE OF THEM STATES THAT THE AFTER IS THERE SHOULD BE NO CHANGE TO ANY OF THE EXISTING. THE WAY THAT LOOK, THIS IS WHY I WANT TO DISCUSS IT. MY READING THAT IS THAT IF [OVERLAPPING] >> LET'S JUST [OVERLAPPING] >> LET US DISCUSS IT. >> LET'S JUST DISCUSS THAT LITTLE BOX [OVERLAPPING] >> I'M NOT ON A WIDTH SHOT. >> YEAH. >> I REALLY JUST WANT SOME ANSWERS. >> HOW THOSE ARE PRESENTED. I THINK THAT ABSOLUTELY, WE NEED TO TALK ABOUT THE DEFINITION OF OWNER OCCUPIED BECAUSE RUSTY HAS ASKED ABOUT THIS SEVERAL TIMES. WE HAD A CITIZEN STAND UP HERE AND GIVE A DEFINITION THAT INCLUDED THE USE OF THE WORD HOMESTEAD, WHICH IS NOT SOMETHING THAT IS PART OF THE DEFINITION THAT WE HAVE USED. WE NEED TO LAND ON A DEFINITION THAT IS WHAT WE PROVIDE. I AGREE WITH THAT. THEN WE NEED TO DETERMINE WHERE IT FITS BEST ON THE AGENDA SEPTEMBER OR THE FIRST MEETING IN OCTOBER, BUT WITH THE GOAL TO HAVE IT ON THE AGENDA PRIOR TO HAVING ANOTHER R0, IF AT ALL POSSIBLE. >> I'LL APPRECIATE THAT. >> THANK YOU. >> ABSOLUTELY. ANYTHING ELSE? WITHOUT FURTHER ADO, WE WILL CALL THIS MEETING ADJOURNED. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.