[00:00:01]
GO AHEAD AND CALL THE MEETING OF THE CITY OF GALVESTON PLANNING COMMISSION WORKSHOP TO ORDER.
[1. Call Meeting To Order]
ATTENDANCE HAS BEEN TAKEN BY SIGN IN.SO, MATTER OF FACT, WE'RE ALL HERE.
EVERYBODY'S HERE. YEP. ALL RIGHT.
[4.A. Discussion Of Development Process (Staff)]
FLOOR IS YOURS. OKAY, SO THE COMMISSION WANTED TO TALK ABOUT THE DEVELOPMENT PROCESS.SO WHAT I'VE DONE IS PUT TOGETHER JUST A BROAD PRESENTATION ON DEVELOPMENT WHAT DEPARTMENTS ARE INVOLVED IN IT, WHAT THEY DO, AND THE DIFFERENT KINDS OF REVIEWS THAT YOU ALL DO AND WHAT THE PROCESS IS FOR THOSE.
SO WE'LL GO THROUGH THAT AND YOU CAN ASK ME ANY QUESTIONS THAT YOU COME UP WITH.
WE HAVE THREE DIVISIONS THAT'S OUR DEPARTMENT.
THREE DIVISIONS THAT HAVE TO DO WITH DEVELOPMENT.
THAT'S PLANNING COASTAL RESOURCES AND BUILDING.
THERE'S ALSO MUNICIPAL SERVICES.
MUNICIPAL SERVICES IS PUBLIC WORKS.
THEY CHANGED THEIR NAME A COUPLE OF YEARS AGO TO MUNICIPAL SERVICES.
SO IF YOU SEE MUNICIPAL SERVICES, THAT'S REALLY PUBLIC WORKS.
AND THEN WE HAVE THE FIRE MARSHAL AND ECONOMIC DEVELOPMENT.
SO WE'LL GO THROUGH EACH ONE OF THOSE GROUPS AND WHAT THEY DO.
EXCEPT I WENT THE WRONG DIRECTION.
OKAY, SO PLANNING, THAT'S THE PLANNING AND DEVELOPMENT DIVISION.
THAT'S MYSELF, ADRIEL, DANIEL AND KARINA.
WE ADMINISTER THE LAND DEVELOPMENT REGULATIONS, WHICH IS THE LDR, WHICH IS THE CITY ZONING CODES.
WE ARE INVOLVED IN BUILDING PERMIT REVIEW.
WE REVIEW ALL BUILDING PERMITS.
SO LAST YEAR WE REVIEWED 3533 PERMITS, BOTH RESIDENTIAL AND COMMERCIAL.
WE REVIEWED CERTIFICATES OF OCCUPANCY AND CERTIFICATES OF ZONING COMPLIANCE.
WE DO HISTORIC DISTRICT REGULATION.
ONE OF THE THINGS THAT ONE OF MY TITLES IS HISTORIC PRESERVATION OFFICER.
SO I'M IN CHARGE OF THE HISTORIC PRESERVATION PROGRAM FOR THE CITY.
WE ARE STAFF TO THREE BOARDS AND COMMISSIONS.
THAT'S THE LANDMARK COMMISSION PLANNING COMMISSION AND THE ZONING BOARD OF ADJUSTMENT.
SO TOTAL LAST YEAR WE AS A GROUP ATTENDED 53 MINUTE MEETINGS FOR A TOTAL OF 51 HOURS AND 23 MINUTES.
WE MANAGED 175 CASES AND SENT OUT OVER 3000 PUBLIC NOTICES.
WE ALSO PRESENT CASES TO THE CITY COUNCIL, SO THE CASES THAT GO ON TO CITY COUNCIL, WE PRESENT THOSE IN 22 WE DID [INAUDIBLE]. WE ALSO ADMINISTER SOME SECTIONS OF THE CITY CODE THAT LICENSE TO USE, WHICH IS THE PLACEMENT OF ITEMS IN THE RIGHT OF WAY CONCESSIONS, AS YOU ALL WELL KNOW.
AND THEN MISCELLANEOUS PERMITS.
WE DO THE WHOLE HOST OF PERMITS THAT ARE A WIDE RANGE OF THINGS, FROM WILDLIFE WILDFLOWER EXEMPTIONS TO TREE REMOVAL PERMITS TO COIN OPERATED MACHINES.
SO IN 22 WE DID 314 OF THOSE DIFFERENT KINDS OF PERMITS.
THEN WE ALSO HAVE COASTAL RESOURCES.
THEY ADMINISTER THE BEACH ACCESS AND DUNE PROTECTION PLAN AND THE BEACH CONSTRUCTION REGULATIONS.
THOSE ARE ALL KEPT IN CHAPTER 29 OF MUNICIPAL CODE.
THEY COORDINATE WITH THE GENERAL LAND OFFICE.
THEY ISSUE BEACHFRONT CONSTRUCTION PERMITS.
THOSE ARE REQUIRED FOR PROPERTIES WITHIN 1000FT OF THE MEAN HIGH TIDE.
IN 22 THEY ADMINISTRATIVELY APPROVED 129 AND THE PLANNING COMMISSION REVIEWED 23.
THEY ALSO REVIEWED CERTIFICATES OF OCCUPANCY.
SO WE HAVE A WORKSHOP SCHEDULED FOR NEXT MONTH TO GO OVER COASTAL BEACH RULES.
SO WE WON'T SPEND A LOT OF TIME ON IT TODAY.
WE'LL BE GETTING A DETAILED PRESENTATION NEXT MONTH.
AND THERE'S THE BUILDING DIVISION.
THEY ADMINISTER THE BUILDING CODES.
THEY JUST ADOPTED A WHOLE SUITE OF NEW CODES GOING FROM 2012 TO 2021 INTERNATIONAL CODES.
THEY ALSO ADMINISTER THE BEACHFRONT, NOT THE BEACHFRONT.
THEY ADMINISTER FLOODPLAIN REGULATIONS, FEMA REGULATIONS.
THEY MANAGE THE PERMITTING AND THE CERTIFICATE OF OCCUPANCY PROCESS.
THEY PERFORM INSPECTIONS AND REGISTER CONTRACTORS.
WE MOSTLY WORK WITH THE ENGINEERING DIVISION.
THEY ALSO REVIEW BUILDING PERMITS.
THEY ISSUE TEMPORARY LICENSE TO USE IF YOU NEED TO CLOSE A SIDEWALK OR A STREET FOR A SHORT PERIOD OF TIME TO PLACE A CRANE OR DO SOME CONSTRUCTION, IT'S USUALLY CONSTRUCTION RELATED ACTIVITIES.
THEN YOU GO THROUGH PUBLIC WORKS, MUNICIPAL SERVICES TO GET YOUR TEMPORARY LICENSE TO USE.
THEY REVIEW AND APPROVE INFRASTRUCTURE PLANS FOR NEW SUBDIVISIONS.
[00:05:06]
SO ALL OF THE CITY'S DRAINAGE REGULATIONS.THE FIRE MARSHAL. FIRE MARSHAL DOES A WHOLE HOST OF THINGS.
THEIR MAIN MISSION IS FIRE SAFETY, FIRE PREVENTION AND FIRE EDUCATION.
BUT THEY DO SOME DEVELOPMENT RELATED TASKS.
THAT IS INCLUDING ADMINISTERING THE FIRE CODE.
THEY REVIEW COMMERCIAL AND INDUSTRIAL BUILDING PERMITS.
THEY DON'T REVIEW RESIDENTIAL PERMITS, AND THEN THEY PERFORM INSPECTIONS.
SAME THING WITH ECONOMIC DEVELOPMENT.
HEY, ONE PERSON. AND SHE DOES A LOT OF DIFFERENT KINDS OF THINGS.
BUT ONE OF THE THINGS THAT SHE DOES IS BEING THE POINT OF CONTACT FOR LARGE SCALE PROJECTS.
SO SHE'S AN OMBUDSMAN FOR DEVELOPMENT AND IS INVOLVED IN DEVELOPMENT IN THAT WAY.
ONE OF THE FIRST THINGS THAT WE RECOMMEND IF SOMEBODY IS CONTEMPLATING DEVELOPMENT ON THE ISLAND, IS TO HAVE A PRE DEVELOPMENT MEETING THAT IS ATTENDED BY ALL THOSE GROUPS WE JUST TALKED ABOUT AND ALLOWS DEVELOPERS TO PRESENT THEIR PROJECT ONCE AND GET FEEDBACK FROM ALL OF THE DEPARTMENTS THAT ARE INVOLVED IN DEVELOPMENT.
THEY ARE HELD EVERY OTHER WEDNESDAY.
TOMORROW IS A PRE DEVELOPMENT DAY, SO WE'LL DO REDEVELOPMENTS IN THE MORNING.
THERE'S NO CHARGE TO THE APPLICANT AND WE HOLD THEM VIRTUALLY.
SO IN 2022, WE HAD A SCHEDULED 61 MINUTE MEETINGS.
IS IT GEOGRAPHIC DISTRIBUTION? WE TRACK WHICH COUNCIL DISTRICT THE MEETINGS ARE LOCATED IN AND YOU'LL SEE THAT COUNCIL DISTRICT 6 HAD THE MOST, AND THAT'S PROBABLY RELATED TO THE SMALL RESIDENTIAL SUBDIVISIONS THAT WE'VE BEEN SEEING A LOT HERE AT PLANNING COMMISSION AS WELL.
DISTRICT FOUR HAD THE FEWEST, BUT THEY ALSO HAD TWO OF THE MOST SIGNIFICANT.
THE REDEVELOPMENT OF [INAUDIBLE] HIGH SCHOOL.
AND THE REDEVELOPMENT OF [INAUDIBLE] 45TH STREET INTO THE NEW GORDON'S GROCERY STORE.
OKAY. SO I DID A WHOLE SERIES OF THESE WORKFLOWS THAT SHOW WHERE WHAT THE PROCESS IS FOR DEVELOPMENT AND WHERE THE PLANNING COMMISSION FITS INTO IT. SO HERE'S JUST GENERALLY, DO YOU NEED A SPECIAL APPROVAL? YES. THEN WE'LL GO THROUGH THOSE.
AND AT THE END YOU GET A CERTIFICATE OF OCCUPANCY.
IT KEEPS JUMPING FORWARD SO MANY TIMES.
SO IN THESE WORKFLOWS, THE PLANNING COMMISSION IS ORANGE.
SO YOU'LL SEE WHERE YOU FALL IN THIS TREE.
SO BEACHFRONT REVIEWS TEND TO BE A LITTLE COMPLICATED AND WE'LL BE GOING OVER THAT NEXT MONTH.
SO THE ADMINISTRATIVE AREA IS 1000FT FROM THE MEAN HIGH TIDE.
AND THEN YOU HAVE A NARROW RIBBON OF PLANNING COMMISSION REVIEW WITHIN THAT.
SO THAT IF THE APPLICANT IS PROPOSING DUNE MITIGATION, THEN THE GENERAL LAND OFFICE RULES REQUIRE THAT THE ADJACENT PROPERTY OWNERS BE NOTIFIED AND A PUBLIC HEARING BE HELD, BUT NO ACTION IS TAKEN BY THE COMMISSION IN THOSE CASES FOR DUNE MITIGATION IS JUST A PUBLIC HEARING.
SO IF IT'S CLOSER THAN 75FT FROM THE MEAN HIGH TIDE, DUNE MITIGATION IS NOT REQUIRED.
WHAT? WE'RE NOT ALLOWED? NOT ALLOWED.
IT'S JUST IF THEY'RE CHOOSING TO DO DUNE MITIGATION.
SOME DUNE MITIGATION IS REQUIRED.
OKAY. IF THE DUNES ARE BEING DISTURBED IN SOME WAY, TYPICALLY DO WALKOVERS.
OKAY. LICENSE TO USE AS PLACEMENT OF ITEMS IN THE CITY RIGHT OF WAY.
[00:10:02]
THERE ARE TWO DIFFERENT PATHS FOR LICENSE TO USE.WE MADE A CHANGE IN THE MID 2010S TO ALLOW THE MOST COMMON TYPES TO BE ADMINISTRATIVE, AND THAT'S THINGS LIKE TABLES AND CHAIRS, SANDWICH BOARDS, POTTED PLANTS, THOSE USED TO COME ALL TO PLANNING COMMISSION, BUT THEY DON'T ANYMORE.
CAN WE PUT TURTLES AND COWS IN THERE? WE HAVE A THING THAT'S TITLED PUBLIC ART SPECIFIC TO TREE.
RIGHT? DON'T FORGET ABOUT THAT STUFFED BEAR.
SO YOU'LL SEE THAT WITHIN THESE WORKFLOWS THERE IS A STEP FOR STAFF REVIEWS.
SO IT'S ALL OF THE CITY DEPARTMENTS THAT ARE INCLUDED IN DEVELOPMENT.
AND THEN ALSO THE AIRPORT HAS SOME CONCERNS ABOUT TALL BUILDINGS CLOSE TO THEM.
SO WE INCLUDE THE AIRPORT IN ALL OF OUR NOTIFICATIONS.
BUILDING FIRE CHIEF AND THE FIRE MARSHAL AND THE POLICE CHIEF.
AND THEN THE TWO SECTIONS OF MUNICIPAL SERVICES, ENGINEERING AND MUNICIPAL UTILITIES.
WE ALSO SEND TO THESE PRIVATE UTILITIES.
IT'S AT&T, CENTERPOINT, COMCAST AND TEXAS GAS SERVICE.
MOST OF THE TIME THEY COME BACK WITH NO OBJECTION.
OKAY, SO PLATS. PLATS CAN BE A LITTLE COMPLICATED.
CATHERINE, CAN YOU GO BACK, PLEASE? NOW BACK ONE MORE SO YOU CAN SEE.
OKAY. THEN THAT'S WHEN YOU COMPILE EVERYTHING IT COMES TO US.
OKAY. THANK YOU. SO AFTER A CASE IS SUBMITTED, WE DO OUR INTERNAL PROCESSING.
OKAY. THANK YOU. SO, CATHERINE, IF WE DON'T HAVE LIKE FOR THE HANGOVER FOUR FEET TONIGHT, THAT COMES BEFORE US FOR THE BALL FIELD.
SO ALL OF THE CASES THAT YOU SEE, EXCEPT FOR BEACHFRONTS HAVE GONE THROUGH ALL OF THESE REVIEWS.
OKAY. AND IF THERE'S NO COMMENTS, THEN FROM ANY OF THEM, THEN WE WON'T SEE IT.
AND THAT'S TYPICALLY YOU'LL SEE IN THAT SECTION, IT'S ON THE TOP OF THE STAFF REPORT.
IT'S USUALLY EITHER RIGHT ABOVE OR BELOW THE PUBLIC NOTIFICATIONS THAT.
RARELY THERE WILL BE SOMETHING.
SO NO OBJECTIONS MEANS ALWAYS HAVE SAID IT'S OKAY.
OKAY. THANK YOU. AND ENGINEERING WOULD INCLUDE THEN MUNICIPAL UTILITIES.
ENGINEERING SPECIFICALLY, I GUESS WOULD BE THE PLACE WHERE WE WOULD INCLUDE THINGS LIKE PARKING.
ALL THOSE QUESTIONS I'M TRYING TO THINK OF THINGS THAT WE HAVE COME UP WITH LATELY.
WHAT ARE THE QUESTIONS THAT WE'VE ASKED LATELY WHERE WE'VE KIND OF HAD TO STAY IN OUR LANE? ONE THING THAT ENGINEERING DOES IS DRAINAGE.
OKAY. SO DRAINAGE, ADEQUATE PARKING, WE DO ADEQUATE PARKING.
THAT'S IN PLANNING. WE REVIEW THE PARKING REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS.
WHAT ABOUT TRAFFIC PATTERNS? LIKE TONIGHT WE HAVE OBJECTIONS FOR THE TRAFFIC FLOW, FOR THE DEVELOPMENT.
TRAFFIC WITH THE MUNICIPAL SERVICES ENGINEERING.
YEAH, THEY WOULD DO LIKE THEY WOULD REQUEST SOMETIMES A TRAFFIC IMPACT ANALYSIS.
THAT WOULD BE THE MOST COMMON COMMENT THAT THEY WOULD MAKE ABOUT TRAFFIC.
SO IF THERE IS A SPECIFIC REQUEST MADE FOR SOMETHING LIKE TRAFFIC PATTERN ANALYSIS, THEN IS THAT COST FOR THAT? I ASSUME THERE'S ADDITIONAL COST? IS THAT PASSED ON TO THE PERSON WHO IS DOING THE DEVELOPMENT? YES, WE WOULD ASK FOR THEM TO DO THE STUDY AND PROVIDE IT TO US FOR REVIEW.
SO THERE'S NOT A CITY DEPARTMENT THAT DOES THAT? NO, THERE'S THE CITY DEPARTMENT THAT WOULD REVIEW WHAT ANOTHER ENGINEERING FIRM PUT TOGETHER.
[00:15:02]
OKAY. ANY OTHER QUESTIONS? STAFF REVIEWS. NO, I GUESS THIS ONE WILL BE PART OF OUR BEACH FRONT.THE PUBLIC COMMENTS THAT WE GOT? NO, NO, NO.
I'M BEING REAL CAREFUL NOT TO TALK ABOUT TODAY'S CASES DURING THIS PART, BUT.
YEAH, BUT I WAS GOING TO TALK ABOUT.
I'M THINKING MY TRAIN OF THOUGHT IS GOING WITH THINGS WHERE WE'VE GOTTEN INTO A LITTLE BIT OF A STICKY WICKET LATELY AND ALL OF THESE QUESTIONS THAT THE COMMISSION HAS HAD LATELY.
BUT I GUESS WE'LL GET INTO THAT MORE IN OUR WORKSHOP NEXT MONTH.
BUT GENERALLY THE CITY DOESN'T REGULATE WETLANDS.
SO IT'S THAT'S JUST NOT SOMETHING THAT WE DO.
WE DON'T HAVE ANY RULES TO APPLY TOWARDS WETLANDS.
AND AND WHETHER OR NOT WE REQUIRE THAT TYPE OF ANALYSIS OR ANYTHING.
SO I THINK THAT MIGHT BE SOMETHING THAT WE WOULD WANT TO BE PREPARED TO TALK ABOUT, BECAUSE I THINK THAT'S ANOTHER PLACE WHERE WE'VE BEEN TOLD TO REIN IT IN. BUT ARE YOU TALKING YOU'RE TALKING ABOUT THE AMOUNT OF INFORMATION OR DETAIL THAT'S PRESENTED IN THE STAFF CASE OR THE STAFF REPORT.
RIGHT. AND SPECIFICALLY BEING TOLD AND TERMINOLOGY AND THAT YOU KNOW, WE WOULDN'T KNOW A WETLANDS DELINEATION AND WHAT TO DO WITH IT IF IT WAS HANDED TO US ON A SILVER PLATTER.
WELL, WHO WOULD AND WHAT WOULD WE DO WITH IT AND HOW WOULD THAT INFORMATION BE USEFUL? AND PEOPLE COME IN AND TELL US MAYBE THAT THIS IS A WETLANDS AND, YOU KNOW, THESE ARE WETLANDS AND YOU SHOULD WATCH IT AND WORK AROUND IT.
AND IN MY MIND, IS THAT KIND OF LIKE A SURVEYOR, NOT KNOWING THE DIFFERENCE BETWEEN A VEGETATED BERM AND A DUNE. SO I WOULD LIKE TO, WHEN WE TALK ABOUT THAT NEXT MONTH, TO BE ABLE TO TALK ABOUT THOSE DIFFERENCES, PLEASE.
THANK YOU. KIND OF REPHRASE OR ADD TO THAT.
IT'S REALLY ABOUT WHAT INFORMATION IS PREPARED IN THE STAFF REPORT, WHAT THE APPLICANT IS REQUIRED BY CURRENT STATUTE TO PROVIDE IN ORDER TO GAIN APPROVAL FOR WHATEVER HE'S GAINING APPROVAL FOR.
AND WOULD THAT BE SOMETHING THAT WE COULD DO AND WOULD IT BE USEFUL? WELL, OKAY, ALONG THOSE LINES, OKAY.
BECAUSE WE'RE TALKING ABOUT WAITING.
BUT THERE IS A BOX CHECKED BY THE CORPS OF ENGINEERS FOR ANY DEVELOPMENT THAT OCCURS.
THERE'S SEPARATE PROCESSES SO THEY DON'T OVERLAP.
THE CITY HAS OUR DEVELOPMENT PROCESS AND THEN THE ARMY CORPS HAS THEIRS.
BUT WE RECOGNIZE OR WE ARE IDENTIFYING SOMETHING THAT NEEDS CORPS OF ENGINEER PROCESSING.
THAT'S UP TO THE DEVELOPER TO KNOW THAT THEY NEED THAT.
OKAY. LET'S SAY YOU GET OUT OF JAIL FREE CARD.
YEAH. THIS IS WHY YOU DO THAT.
BUT IT WOULD BE SOMEWHAT FAIR TO SAY THAT ENGINEERING DOES GIVE THOSE PROJECTS THAT TYPICALLY WOULD HAVE A DELINEATION OR A VERIFICATION THAT ENGINEERING IS GIVING THOSE AT LEAST A ONCE OVER. I MEAN, MY EXPERIENCE HAS BEEN THAT WE'VE INCLUDED THOSE IN PROJECTS AND ENGINEERING.
ENGINEERING ACTUALLY ASKED US FOR THAT INFORMATION.
CORRECT ME IF I'M WRONG AND I'M JUST TRYING TO GIVE A LITTLE INPUT HERE TO HELP, BUT MY EXPERIENCE HAS BEEN IN DEALING WITH ENGINEERING THAT THEY WILL ASK FOR THAT INFORMATION.
DO THEY GO OUT AND SAY, HEY, I'M THE WETLANDS EXPERT? NO, IT'S HERE.
BUT THEY ARE PROVIDED WITH SOME INFORMATION TO.
YEAH, THEY DO WITH IT WHATEVER THEY PLEASE.
I JUST THINK THAT'S AN AREA WHERE WE HAVE A QUESTION AND IF THAT FALLS UNDER THE HEADING OF SOMETHING THAT WE'RE GOING TO DISCUSS NEXT MONTH, THEN LET'S JUST ADD IT TO THE LIST OF THINGS, PLEASE, MA'AM.
[00:20:02]
RIGHT? AND LET'S TALK ABOUT.IS IT IN? WHERE DOES IT FALL? WHERE DOES IT FALL? IN CATHERINE'S FLOWCHART.
WHERE DOES THAT COME OUT TO US IN THAT FLOWCHART.
IS IT SOMETHING THAT COMES OUT IN THAT TOP SECTION OF OUR STAFF REPORT WHEN WE GET IT? OKAY. WHO'S GOING TO GET THAT WETLANDS DELINEATION? WHICH DEPARTMENT IS GOING TO GET IT AND WHEN? AND WHO'S GOING TO EXPRESS A CONCERN ABOUT IT? AND THAT'S WHAT I WANT TO TALK ABOUT THEN, THEN, THEN, THEN.
SO I'LL FORMULATE MY THOUGHTS FOR THEN, JOHN.
OKAY. LET'S LET CATHERINE CONTINUE WITH HER PRESENTATION.
SO YOU AND I DON'T START BRAWLING AT THE TABLE RIGHT NOW.
HOLD ON. HERE. GREAT, GREAT, GREAT DISCUSSION.
DO I NEED TO PULL OUT MY CELL PHONE AND START VIDEO ON YOUTUBE? YOUTUBE. YOUTUBE.
JELL-O. JELL-O PUDDING WRESTLING.
FOR THE NEXT COUPLE OF SLIDES ARE ABOUT PLATS.
PLATS, SUBDIVISION OF PROPERTY.
ONE IS CALLED MINOR PLATS, AND THAT'S THE CHANGES TO ALREADY PLATTED PROPERTIES.
THOSE GO THROUGH THE STAFF REVIEWS, BUT THEN THEY CAN TAKE TWO PATHS.
IT CAN EITHER GET AN ADMINISTRATIVE APPROVAL AND THAT'S GENERALLY IF THE PROPERTY THE PLAT CONSISTS OF FOUR OR FEWER LOTS THAT ARE ALREADY SERVED BY CITY SERVICES AND ON A PUBLIC STREET, THEN IT CAN BE ELIGIBLE FOR ADMINISTRATIVE APPROVAL UNLESS, WELL, IT'S STILL ELIGIBLE FOR ADMINISTRATIVE APPROVAL. BUT YOU ALL WILL SEE IT IF IT'S A MINOR PLAT THAT IS INCREASING THE DENSITY IN R-0 OR R-1 ZONING DISTRICTS. AND THAT REQUIREMENT IS SET BY A STATE LAW THAT IF THERE'S AN INCREASE IN DENSITY IN ZONING DISTRICTS THAT ARE SINGLE FAMILY RESIDENTIAL.
THAT IT HAS TO GO TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ONLY.
SO THOSE ARE ONE OF THE CASES THAT WILL BE AT THE BEGINNING OF YOUR AGENDA.
YOU'RE JUST HEARING AND ACCEPTING THE PUBLIC COMMENT.
STAFF IS ACTUALLY THE ONES THAT DO THE APPROVAL.
AND THEN WE TAKE THE PLAT TO THE COUNTY CLERK AND FILE IT.
SO IF YOU'RE NOT IN THAT ZONING DISTRICT OR IF YOU'RE NOT INCREASING THE NUMBER OF LOTS, YOU'RE DECREASING THE NUMBER OF LOTS, THEN THAT YOU DON'T HAVE TO GO TO THE PUBLIC HEARING PROCESS. AND THAT GOES STRAIGHT TO FILING WITH THE GALVESTON COUNTY CLERK.
DOES THE CITY HAVE ANY ORDINANCE OR ANY METRIC OR GOVERNANCE OR ANY METRIC ASSOCIATED WITH HOW DENSE THE NEIGHBORHOOD NEEDS TO BE OR CAN BE? WELL, WE HAVE MINIMUM LOT SIZES.
TRUE. WE DON'T HAVE MAXIMUM LOT SIZES, BUT WE DO HAVE MINIMUM.
SO THAT THAT DEFINES YOUR MAXIMUM DENSITY.
AND THAT'S WHAT WE REVIEWED DURING OUR STAFF REVIEW.
IN THIS PROCESS ON MINOR PLOTS.
ARE THESE PUBLIC HEARINGS? A STATE LAW REQUIREMENT? YES, THEY ARE.
IT'S A CHOICE. SO STATE LAW REQUIRES THAT THERE BE SOME NOTIFICATION.
SO THE CHOICES ARE PUBLIC HEARING AT PLANNING COMMISSION BEFORE THE PLAT IS APPROVED AND FILED FOR NOTIFICATION TO THE PROPERTY OWNERS AFTER IT'S TAKEN PLACE. SO WHEN THAT RULE CHANGED 2 OR 3 YEARS AGO, WE TOOK THE CHOICE TO THE PLANNING COMMISSION AND TO CITY COUNCIL AND SAID, WHICH DO YOU PREFER TO DO? DO YOU WANT TO DO THE PUBLIC HEARING OR DO YOU WANT THE NOTIFICATION TO GO OUT TO THE PROPERTY OWNERS AFTER IT'S APPROVED? I DON'T THINK EITHER OF THESE ARE GREAT OPTIONS.
PEOPLE GET NOTIFIED OF A PLAT.
THEY'RE OPPOSED TO IT. THEY COME TO THE PLANNING COMMISSION.
YOU CAN'T SLIDE DOWN THE RAZOR BLADE INTO A BOWL OF ALCOHOL.
BUT THE OTHER OPTION IS YOU'RE NOTIFYING PEOPLE AFTER THE FACT.
NO. NO. SO AT THAT TIME, WE DECIDED TO.
HAVE WE EVER THOUGHT ABOUT JUST NOTIFYING THEM AND NOT HAVING A PUBLIC HEARING? THAT'S NOT. IS THAT.
CAN WE DO THAT? YOU COULD DO THAT.
YES, YOU COULD DO THAT ON MINOR PLATS.
SO IT KIND OF FRUSTRATES THEM EVEN MORE TO COME IN AND HAVE TO GO OVER.
AND THEN FOR US TO SAY, WELL, GEE, THAT WAS WONDERFUL, BUT WE CAN'T DO ANYTHING ABOUT IT, RIGHT? RIGHT. YEAH, IT'S BUT ON THE OTHER HAND, THEN YOU'RE NOTIFYING PEOPLE OF SOMETHING THAT'S ALREADY HAPPENED.
[00:25:01]
OKAY. SO IT WAS THE DETERMINATION OF PLANNING COMMISSION WHEN THIS CAME OUT THAT WE WANTED TO GO AHEAD AND HOLD THE PUBLIC HEARING.INITIALLY, WHEN WE DID IT, WE TOOK A VOTE.
THERE WAS NO NEED TO TAKE A VOTE.
YOU ALL WILL RECALL AS A NO ACTION ITEM.
IT'S SIMPLY A PUBLIC HEARING, WHICH IS A MUCH.
IN MY VIEW, A BETTER SOLUTION.
BUT WE HAVE A HEARING AND IT IS AT LEAST AN ACT, A TRANSPARENT ACT FOR THE CITIZENS.
IT'S FRUSTRATING NO MATTER WHAT.
IT'S ON RECORD, THOUGH. IT'S ON PUBLIC RECORD.
SO IT IS IT'S AS I RECALL, IT'S A CHOICE OF PLANNING COMMISSION.
AND THE COMMISSION CAN DECIDE.
EACH COMMISSION CAN DECIDE EACH PLANNING COMMISSION MAKEUP CAN DECIDE TO DO IT HOWEVER THEY CHOOSE.
AS IT'S LINED OUT RIGHT NOW I THINK IT'S PROBABLY OF ALL OF THE TWO OPTIONS, NEITHER ONE OF THEM ARE GOOD, BUT THIS IS PROBABLY THE MOST TRANSPARENT OF ALL BECAUSE THEY'RE HEARING IT IN ADVANCE.
THEY DON'T YOU KNOW, THEY GET TO SAY SOMETHING ABOUT IT.
IN ADVANCE. I HAVE A QUESTION.
WHAT DO YOU THINK? WELL, I WAS GOING TO ASK, HOW DO WE GIVE NOTIFICATION ON THAT? WE SEND OUT A PROPERTY OWNER NOTICE TO ALL THE PROPERTY OWNERS WITHIN 200FT.
WHAT'S THE LANGUAGE IN THAT? I WANT A COPY OF ONE.
I MEAN, MAYBE. MAYBE WE SHOULD SET THE EXPECTATIONS BETTER IN THAT LETTER.
WE CHANGED IT SEVERAL YEARS AGO.
SO IT USED TO BE COULD YOU RUN AND GET A PUBLIC COMMENT REPORT.
AND IT SAYS BASICALLY THAT THE PLANNING COMMISSION CAN'T DO ANYTHING ABOUT IT.
HEARING ONLY. IT'S A HEARING ONLY.
AND THAT THE DEVELOPMENT MEETS THE LAND DEVELOPMENT REGULATIONS.
AND BASICALLY SETTING THE EXPECTATION IS THAT THEY CAN COME AND VOICE THEIR OPINION ABOUT IT, BUT IT WILL BE APPROVED OR IT WILL BE ACCEPTED.
WE REMOVED ALL OF THAT FROM THE PLAT.
AND, YOU KNOW, A LOT OF PEOPLE DON'T READ THIS VERY THOROUGHLY WHEN THEY RECEIVE IT.
THEY JUST THEY KNOW THEY DON'T WANT IT.
ANGRY EYES. AND THEY COME AND TALK BECAUSE WE HEAR IT ALL THE TIME.
ALL THE TIME. I WOULDN'T HAVE COME.
BUT SO I DON'T KNOW IF YOU KNOW.
SETTING EXPECTATIONS IS ALWAYS GOOD IF WE CAN.
ABSOLUTELY. I DO HAVE A QUESTION REGARDING THE MINOR PLAT.
SO WHICH IS PROBABLY OFF SUBJECT.
I WOULD LIKE TO UNDERSTAND WHEN DOES THAT WHEN IS IT APPROVED AND WHEN IS IT DECLINED? BECAUSE SOMETIMES I'M SURE THERE ARE OCCASIONS WHEN DENSITY IS INCREASED AND IT'S, YOU KNOW, NOT APPROVED.
SO FOR US TO UNDERSTAND THAT BETTER WOULD PROBABLY BE GOOD.
I DON'T KNOW IF YOU GUYS HAVE AN UNDERSTANDING, BUT I DON'T UNDERSTAND THAT NECESSARILY WHEN IT'S APPROVED HEARING, IT'S GOING TO BE APPROVED.
WE WOULDN'T LET IT ADVANCE TO THE PUBLIC HEARING UNLESS WE KNEW THAT IT WAS GOING TO THE DENSITY ON IT, THOUGH BECAUSE OF LIMITATIONS.
THAT'S WHAT I'M ASKING. IF IT'S MORE THAN I THINK THE NUMBER IS FOUR.
AND I COULD BE WRONG IF IT'S ANY MORE THAN FOUR, IT CANNOT BE A MINOR PLAT.
NO, NO, NO. THAT'S NOT WHAT I'M ASKING.
WE DON'T HAVE DENSITY, RIGHT? THAT'S WHAT I'M ASKING.
RIGHT. THIS IS THE REQUIREMENTS.
I'M WONDERING IF WE'RE MAKING A NEIGHBORHOOD THAT'S A THOUSAND PEOPLE GO UP TO 1,010.
IS THERE A THRESHOLD OF WHERE DENSITY WILL INCREASE THAT WILL PREVENT THE PERSON FROM GETTING A MINOR PLAT? THAT'S THE QUESTION. RIGHT.
OKAY. SO THAT'S THE QUESTION I'M ASKING.
THAT'S WHAT I KIND OF POINTED TO.
I JUST DIDN'T SAY IT AS SUCCINCTLY AS YOU DID.
YEAH, WELL, FINALLY, I HAD TO GET TO THAT POINT.
[00:30:01]
JUST IF THE LOT IF THE MINIMUM LOT SIZE IS MET, THEN YOU'RE GOOD, RIGHT? YEAH. AND THAT'S WHAT I THOUGHT.BUT I WANT TO MAKE SURE BECAUSE I DON'T THINK PEOPLE UNDERSTAND THAT.
I THINK THEY THINK THAT THERE IS A TIME AND A PLACE WHERE SOMEONE CAN REPLAT A 10,000 SQUARE FOOT LOT INTO WHAT, 4 OR 5 LOTS AND IT MEETS THE 2,500 THRESHOLD THAT, OH, THAT'S TOO MANY PEOPLE.
IT WAS NEVER THERE. THAT'S GOING TO IMPACT THE THE SEWAGE LINE.
THAT'S GOING TO IMPACT THE UTILITY.
THEY SHOULDN'T BE ABLE TO DO THAT.
BUT I THINK WE NEED TO EDUCATE THEM TO KNOW, HEY, NOT REALLY, YOU KNOW, THAT DOESN'T OCCUR, YOU KNOW, SO THAT PEOPLE DON'T THINK THAT THEY CAN AT ANY POINT, YOU KNOW, AFFECT THE DECISION BECAUSE THEY REALLY CAN'T.
ON MINOR PLATS THERE'S A CHECKLIST.
I MEAN, I THINK IT'S FOUR I THINK IT ALSO HAS TO FRONT AN EXISTING PUBLIC ROAD.
SO I MEAN, THERE'S A LITTLE LAUNDRY LIST, MINOR PLATS, REALLY.
SO I THOUGHT WE SAW QUITE A FEW OF THEM, QUITE A FEW OF THEM.
WHEN MINOR. WELL, I WANT TO ASK HIM A QUESTION.
WHAT DO THE ADJACENT MUNICIPALITIES DO ON MINOR PLATS? DO THEY APPROVE THEM ADMINISTRATIVELY? THE ONES THAT I'M AWARE OF ACTUALLY ARE USING THE SYSTEM OF THE LETTER OF NOTIFICATION AND I'M ONLY AWARE OF REALLY TWO. AFTER THE FACT? YES. YES. SO THEY'RE DOING THEM ADMINISTRATIVELY? OH, YEAH. THEY'RE DEFINITELY THE PROPERTY OWNER IS NOT HAVING TO GO THROUGH.
I MEAN, AGAIN, THAT'S IN STATE LAW.
SO ALL THE CITIES HAVE TO DEAL WITH THAT.
BUT I REALLY THINK WHAT YOU HAVE RIGHT NOW IS PROBABLY THE MOST TRANSPARENT OF ALL OF THE [INAUDIBLE] METHODS. I AGREE. AND AGAIN, NONE OF IT NONE OF IT'S GREAT BECAUSE IT CAUSES CONFUSION.
BUT, YOU KNOW, THE STATE LEGISLATURE GIVETH, THE STATE LEGISLATURE TAKETH AWAY.
THANK GOD THEY ONLY MEET EVERY TWO YEARS.
AND WHAT DO YOU THINK COUNCIL WOULD AGREE TO? I THINK THEY WOULD AGREE THAT THE PROCESS WE HAVE NOW IS THE WAY TO GO WITH NOTIFYING THE PUBLIC BEFORE THIS HAPPENS.
I MEAN, I DON'T THINK I'VE EVER SEEN US TRY TO GET NOTIFICATION DONE AFTER THE FACT OR DO SOMETHING WHERE WE'RE GOING TO DO IT IN SECRET AND THEN NOTIFY THE PUBLIC.
WE'RE TRYING TO BE AS TRANSPARENT AS POSSIBLE.
AND I THINK THIS IS THE MOST TRANSPARENT WAY TO DO IT.
YEAH, AND COUNCIL HAS APPROVED THIS METHOD.
SO THE PRELIMINARY AND FINAL PLATS, THEY FOLLOW THE SAME PATH.
THERE'S NO BRANCHING OUT TO ADMINISTRATIVE PRELIMINARY PLOTS.
FINAL PLOTS ALWAYS REQUIRE PLANNING COMMISSION REVIEW AND APPROVAL.
THESE ARE MOSTLY FOR NEWLY CREATED SUBDIVISIONS.
SO PRELIMINARY PLATS GIVE THEIR PLATS THAT ARE NOT INTENDED TO BE FILED AND SO THAT THEY GIVE THE CHANCE FOR THE CITY STAFF REVIEWS TO TAKE PLACE AT THE BEGINNING OF THE PROJECT. AND THEN ALSO THE PLANNING COMMISSION IS THE OPPORTUNITY FOR PUBLIC COMMENT.
BUT THESE YOU ARE TAKING ACTION ON SO THE PRELIMINARY PLAT GOES THROUGH THE REVIEW PROCESS AND STAFF REVIEWS TO THE PLANNING COMMISSION. THEN THE INFRASTRUCTURE PLANS ARE APPROVED.
OKAY. AND THEN THE INFRASTRUCTURE IS INSTALLED AND ACCEPTED.
AND AFTER THAT WE DO ANOTHER REVIEW AND THEN AFTER THE STAFF REVIEWS FOR THE SECOND TIME, THEN THE FINAL PLAT IS APPLIED FOR AND REVIEWED BY THE PLANNING COMMISSION AND THEN IN THE END FILED WITH THE GALVESTON COUNTY CLERK.
SO QUESTION ON THE STEP THAT SAYS INFRASTRUCTURE INSTALLED AND ACCEPTED.
DOES THIS ALSO ADDRESS ANY REQUIREMENT FOR DRAINAGE OR STORMWATER MANAGEMENT OR PERMANENT STORMWATER MANAGEMENT DEVICES THAT NEED TO BE INSTALLED? YES. SO THAT WOULD BE WHAT THE FIRST STAFF REVIEW IS GOING TO BE LOOKING AT ALL OF THOSE INFRASTRUCTURE REQUIREMENTS, INCLUDING STORMWATER DETENTION.
OKAY. ALL RIGHT. SO THAT WOULD BE PART OF THAT STEP THAT SAYS INFRASTRUCTURE INSTALLED AND ACCEPTED.
YES. YEAH, IT WOULD BE PART OF THE INFRASTRUCTURE PLAN APPROVED.
SO I'M READING KARINA BROUGHT ME A SCREENSHOT OF OUR PLAT
[00:35:06]
NOTIFICATION. AND WE DO SAY IN IT THAT THIS IS THE ROLE OF THE PLANNING COMMISSION IS DEFINED BY STATE LAW AND THIS MINISTERIAL NATURE, IT MUST BE APPROVED IF IT MEETS ALL THE SUBDIVISION REGULATIONS CAN ONLY DENY A PLAT FOUND TO BE A NON CONFORMANCE WITH THE COMPREHENSIVE PLAN.THAT NEEDS TO BE BOLD AND THEN.
A PLAT MUST BE APPROVED IF IT MEETS ALL THE SUBDIVISION REQUIREMENTS.
SO DO YOU THINK WHEN THEY COME BEFORE US, THEY ARE TRYING TO CONVINCE US THAT IT'S NOT COMPLIANT WITH THE COMPREHENSIVE LAND USE PLAN? I MEAN, PEOPLE DON'T TYPICALLY MAKE THAT ARGUMENT AND IT'S REALLY HARD TO MAKE THAT A NEW RESIDENTIAL SUBDIVISION IS IN VIOLATION OF THE COMPREHENSIVE PLAN.
BUT DOES IT PLANT A LITTLE GLIMMER OF HOPE THAT MIGHT BRING THEM? I MEAN, IS THERE A STRONGER WAY TO SAY? I THINK THAT EXCUSE I MEAN, THAT ARGUMENT HAS BEEN MADE BEFORE.
I MEAN, IT'S RARE BECAUSE PEOPLE DON'T I'VE NEVER READ THE COMPREHENSIVE PLAN.
[LAUGHTER] SO IT'S ONLY 12 YEARS OLD, WHATEVER.
YEAH. UNDERSTAND, THE COMPREHENSIVE PLAN IS NOT LAW.
SO BUT YOU LOOK AT THE LANGUAGE COMPREHENSIVE PLAN PROVIDES INPUT INTO HOW YOU CREATE OR MODIFY YOUR LDRS.
THAT'S CORRECT. IT'S A GUIDE. YEAH.
AND YOU NEED A COMPREHENSIVE PLAN IN ORDER TO CREATE THOSE AND TO HAVE A ZONING ORDINANCE.
YEAH. THERE WE GO. OH, AND SO.
I THINK, WHAT THEY MEAN BY THAT REALLY IS MORE, YOU KNOW YOUR LAND USE ZONES.
IF SOMEBODY COMES AT US WITH A SUBDIVISION IN A HEAVY INDUSTRIAL AREA YOU KNOW WHILE WE MIGHT BE ABLE TO APPROVE IT LEGALLY, IT'S JUST NOT A WISE MIX OF LAND USE.
SO SOMEBODY COULD OBJECT IN THAT SCENARIO.
YOU KNOW, WHAT WE'RE GETTING IS PLATS IN RESIDENTIAL ZONED AREAS.
SO BACK TO JOHN'S QUESTION ABOUT THE FINAL PLAT.
THE DEVELOPER CAN DO A LINE OF CREDIT IN LIEU OF PUTTING IN THE INFRASTRUCTURE.
YEAH. AND THAT'S PART OF LIKE THE DEVELOPMENT AGREEMENT.
WHICH IS PROBABLY MORE TYPICAL, WOULD YOU SAY? IT PROBABLY IS THE MOST TYPICAL.
JEFFREY, DO YOU HAVE A QUESTION? THAT WAS IT.
SO SOME OF YOUR CASES, MOSTLY CASES THAT INVOLVE ZONING, GO ON TO CITY COUNCIL.
SO IN THAT CASE, IF THE APPLICATION IS MADE THEN WE DO THE STAFF REVIEW.
SOMETIMES THE LANDMARK COMMISSION WILL REVIEW A CASE AND PROVIDE YOU ALL A RECOMMENDATION.
IF IT'S IN A HISTORIC DISTRICT AND THE PLANNING COMMISSION MAKES THEIR RECOMMENDATION TO CITY COUNCIL AND CITY COUNCIL MAKES THEIR DECISION AND IF IT'S AN APPROVAL ENDS IN AN ORDINANCE. SO THAT'S THE SAME PROCESS FOR ABANDONMENT.
OKAY. AND THEN I THROUGH IN A COUPLE OF SLIDES ON WHAT YOUR TWO SISTER BOARDS DO.
THERE ARE ABOUT 1400 PROPERTIES IN HISTORIC DISTRICTS, AND THEN WE HAVE 124 LANDMARKS.
SO GALVESTON HAS A LOT OF ADMINISTRATIVE APPROVAL AUTHORITY, MORE THAN MOST CITIES DO.
SO IF STAFF CAN'T APPROVE IT, THEN WE GO AND GO STRAIGHT TO BUILDING PERMIT.
IF IT'S NOT ELIGIBLE FOR ADMINISTRATIVE REVIEW THEN IT GOES TO THE LANDMARK COMMISSION.
THEN AFTER THAT, FOR A BUILDING PERMIT.
AND THEN ZONING BOARD OF ADJUSTMENT ZONING BOARD OF ADJUSTMENT.
OH QUICK QUESTION. TO RECEIVE A LANDMARK, THE GALVESTON LANDMARK.
IT SAYS THERE'S A BUILDING PERMIT IS THAT IF A BUILDING PERMIT IS REQUIRED.
SO ONCE IT IS DESIGNATED AS HISTORIC AND THERE'S WORK PROPOSED, THEN WE FOLLOW THIS WORKFLOW.
[00:40:08]
OKAY, SO IF SOMETHING'S BECOME HISTORIC AND THEN THEY WANT TO DO A NEW EDITION THEN IT GOES THROUGH THIS REVIEW PROCESS.YEAH, BECAUSE I WAS WONDERING IF IT'S ALREADY EXISTING BUILDING.
THEY COULD LANDMARK IT AT THAT POINT.
THEY COULD LANDMARK IT. RIGHT.
EXISTING BECAUSE WE'VE DONE THAT EXISTING BUILDING.
YEAH, IT'S. YEAH, THAT'S PRETTY COMMON.
SO THE LANDMARK COMMISSION IS LOOKING AT PROPOSED CHANGES.
SO THE ZONING BOARD OF ADJUSTMENT IS A BODY THAT CAN GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE RULES THAT ARE IN THE LAND DEVELOPMENT REGULATIONS.
THOSE ARE TYPICALLY THINGS LIKE SETBACK REQUIREMENTS AND LOT SIZES.
THE APPLICANT HAS TO PROVE THAT THERE'S A SPECIAL CONDITION ON THE PROPERTY, SOME PHYSICAL CONSTRAINT THAT DOESN'T ALLOW THEM TO MEET THE REGULATIONS AND THEN THEY CAN MAKE AN APPLICATION THROUGH THE ZONING BOARD OF ADJUSTMENT.
THE ZONING BOARD OF ADJUSTMENT CAN PROVIDE THIS VARIANCE.
AND THIS DOES NOT GO THROUGH CITY COUNCIL.
IT DOESN'T. IT'S THEY'RE THE FINAL DECISION MAKER.
OH, JUST CURIOUS, HOW MANY CASES DO THEY HEAR? I WAS JUST GOING TO PITCH THE ZBA AS A GREAT RETIREMENT OPTION.
OH, I GET PAID. RETIREMENT OPTION.
BUT YOU STILL CAN SERVE YOUR COMMUNITY.
ANOTHER ZERO. YEAH, BY ATTENDING ONLY EIGHT MEETINGS A YEAR.
AND LIKE I SAID, THEY HAD EIGHT CASES, 12 CASES LAST YEAR.
SO THOSE CASES HAVE EXTRAORDINARY CIRCUMSTANCES.
YEAH, THEY HAVE TO HAVE THIS SPECIAL CONDITION.
IS THERE LIKE AN EX-OFFICIO COUNCIL PERSON THAT ALSO SITS ON THIS TEAM? YEAH, BOTH OF THOSE OTHER BOARDS HAVE EX-OFFICIO'S.
IT'S DAVID COLLINS FOR LANDMARK COMMISSION AND FOR THE TIME BEING WILLIAM SCHUSTER FOR ZONING.
CAROL HOLLOWAY IS CURRENTLY SERVING ON THE ZONING BOARD.
SO JUST AN EXAMPLE HOW YOU CAN CONTINUE TO SERVE.
I THINK SO THAT'S WHAT I HAD PREPARED AND WE CAN MOVE INTO MORE GENERAL QUESTIONS.
OKAY. GO GO BACK TO CAROL THEN.
WHAT I NOTICED WAS NOT ON THERE AND I THINK WE SOMEWHAT KNOW BUT WHERE IT GOES.
SO ZBA DECISIONS, WHERE DO THEY GO? WHAT'S THE NEXT STEP FOR THEM? ARE THEY. THEY'RE THE FINAL THE FINAL OKAY. OKAY.
SO THE ZONING BOARD IS A QUASI JUDICIAL BOARD.
THEY HAVE NO APPEALS PROCESS WITHIN THE CITY STRUCTURE.
TYPICALLY DISTRICT COURT. BUT LANDMARK IS FROM LANDMARK TO PLANNING COMMISSION TO CITY COUNCIL? SOMETIMES. BUT SO THEY DO A COUPLE OF DIFFERENT THINGS.
SOMETIMES THEY'RE MAKING A RECOMMENDATION TO YOU ALL.
SOMETIMES THEY'RE APPROVING A CERTIFICATE OF APPROPRIATENESS.
AND THAT'S THE TERM WE USE FOR ANY EXTERIOR MODIFICATION.
SO IF THEY'RE REVIEWING A CERTIFICATE OF APPROPRIATENESS, THEY'RE THE FINAL DECISION MAKER.
BUT THEY CAN THEIR DECISION CAN BE APPEALED TO THE ZONING BOARD OF ADJUSTMENT.
OKAY. AND ANY DECISION THAT THE STAFF MAKES CAN BE APPEALED TO THE ZONING BOARD OF ADJUSTMENT.
BUT THAT'S THE END OF THE LINE.
THAT'S THE END OF THE LINE IN THE CITY.
I'M SORRY YOU HAD YOUR HAND RAISED.
I KNOW. THIS CERTIFICATE OF APPROPRIATENESS.
YOU MIGHT WANT TO REMEMBER THAT ONE, STEPHEN, FOR YOUR TEENAGER'S.
CERTIFICATE OF APPROPRIATENESS.
MAN. [LAUGHTER] ANYWAY, SO WITH ZBA DECISIONS, THOUGH, CATHERINE, IT'S POSSIBLE THAT WE MIGHT SEE A ZBA DECISION. I REMEMBER ONCE WE TALKED ABOUT A ZBA DECISION OR SOMEBODY EXCUSE ME, MIGHT CONSIDER GOING TO THE ZBA FOR SOMETHING.
AND IT SEEMS LIKE IN MY MEMORY IT HAD TO DO WITH MAYBE RELOCATING A HOUSE, PUSHING A HOUSE BACK, BUT IT WAS NOT WITHIN CERTAIN SETBACKS.
IT HAD TO DO WITH TRYING TO GET IN COMPLIANCE FOR A BEACHFRONT, SOMETHING LIKE THAT.
RIGHT. YES. BUT IT WOULD BE A DOMINO TYPE EFFECT.
[00:45:03]
IT WOULD BE SOMETHING THAT HAS HAPPENED BEFORE YOU'RE SEEING IT.IT WOULD BE MOST LIKELY FOR SOME SETBACK REQUIREMENT.
OKAY. BUT IT WOULD JUST BE SOMETHING THAT WAS BASICALLY ANCILLARY.
WE WOULD WOULD NOTE SOMETHING LIKE THAT IN A BACKGROUND SECTION.
TRUSTEE. I'VE GOT ANOTHER PLATTING QUESTION.
SO WHEN WE HAVE PRELIMINARY PLATS AND, AND ALSO WE HAVE REPLATS, REPLATS REQUIRE PRELIMINARIES AS WELL A NEW PRELIMINARY IF THEY'RE DOING A REPLAT.
WHEN WE APPROVE A PRELIMINARY PLAT AS PRESENTED AND IT COMES BACK TO US FOR AN APPROVAL FOR A FINAL, IT IS MY UNDERSTANDING IF THAT WE HAVE APPROVED IT AS A PRELIMINARY AND IT HAS DOES NOT HAVE ANY SUBSTANTIAL CHANGES, THAT WE ARE PRETTY MUCH BOUND TO APPROVE THOSE FINAL PLATS IF WE HAVE APPROVED THE PRELIMINARY. YES.
SO I JUST WANT SOME CLARIFICATION ON SEE IF YOU GUYS CAN OFFER ME SOME CLARIFICATION OR GUIDANCE ON AM I RIGHT ABOUT THAT? NOT NECESSARILY, BECAUSE A PRELIMINARY PLAT IS A PROCESS.
WE'RE ON A FINAL PLAT IS A PROCESS.
THEY'RE SEPARATE PROCESSES, EVEN THOUGH THEY'RE ON A CONTINUUM OF SORT OF THE SCHEDULE OF DEVELOPMENT. THEY ARE SEPARATE, THEY REQUIRE APPROVALS OF EACH PHASE.
SO IF, FOR NOW, I GUESS THE QUESTION THAT YOU RAISE, IF IT WAS SUBSTANTIALLY THE SAME AT THE PRELIMINARY AS IT WAS AT THE FINAL. THE FINAL DURING THE FINAL I STILL THINK YOU WOULD HAVE TO APPROVE IT.
I MEAN, YOU WOULD HAVE THE CHANCE TO APPROVE IT.
DO WE HAVE DOES THAT HAVE TO COME TO US? YES. YES, IT DOES.
BUT BY STATE LAW? WELL, BY OUR ORDINANCE.
BY OUR ORDINANCE. THEY COME IN.
THEY TALK ABOUT THE PLAT APPROVAL AS A WHOLE.
YEAH, IT IS DEVELOPERS AND YOU WANT TO SAVE THAT DEVELOPER THE MONEY TO THE DEGREE YOU CAN.
RIGHT. SO YOU HAVE THAT TWO PHASE PROCESS.
SO WHEN WE GET INTO THESE SO IF WE HAVE AN APPROVED AND I'M NOT ABOUT TO VOTE, BUT PRELIMINARY IS PRESENTED, IT HAS BEEN VOTED ON AND IT HAS BEEN APPROVED AND IT COMES BACK AS A FINAL AND IT IS SUBSTANTIALLY THE SAME.
COMMISSION STILL HAS DISCRETION OVER THE APPROVAL OF THE FINAL PLAT.
I THINK YOU DO, BUT IT'S IN THE TERMS OF THE FINAL PLAT.
THE THINGS THAT ARE REQUIRED IN THE FINAL PLAT SETTING SO.
SO SUBJECT TO CONDITIONS SO WE COULD CONDITIONALLY APPROVE IT CONDITIONALLY.
CONDITIONAL. YOU YOU CAN'T APPROVE ANYTHING CONDITIONALLY.
YOU EITHER APPROVE OR DISAPPROVE.
AND THE DISAPPROVAL ISN'T NECESSARILY AN OUTRIGHT DISAPPROVAL UNLESS YOU WANT IT TO BE, BUT IT'S DISAPPROVAL WITHOUT PREJUDICE SUBJECT TO CORRECTIONS BEING MADE.
SO WHEN THEY COME INTO THE PRELIMINARY PLAT PHASE AND THEY MAKE THOSE CORRECTIONS AND IT BECOMES APPROVED THAT FOR A PRELIMINARY APPROVAL, THEY GO THROUGH THE STEPS OF GETTING THEIR ENGINEERING DONE AND ALL, ETCETERA, ETCETERA.
GET TO THE FINAL SAME THING HAPPENS THERE.
THE FINAL PLAT IS REVIEWED FOR ITS CONSISTENCY WITH THE FINAL PLAT.
BUT THERE IS SOME DISCRETION BECAUSE AND THAT'S WHERE I UNDERSTOOD IT, THAT IF WE HAVE AN APPROVED PRELIMINARY AND LET'S JUST SAY I HAVE FIVE LOTS OF MY PRELIMINARY AND I'M NOT CHANGING ANYTHING, ALL I'VE DONE IS PROVIDED THE CITY WITH THE DOCUMENTS THAT THEIR ENGINEERING, BASICALLY THEIR ENGINEERING DEPARTMENT NEEDS FOR THE CONSTRUCTION OF THE FACILITIES.
AND I BRING IT BACK AND IT'S THE SAME FIVE.
[00:50:04]
MADE FROM PRELIMINARY TO FINAL? I GUESS THAT'S REALLY WHAT I'M ASKING.IN THAT RARE CONDITION, IF THERE WERE NEVER ANY CHANGES BETWEEN THE PRELIMINARY AND FINAL, THEN YES.
THEN I STILL THINK YOU HAVE SOME.
OKAY. SO I THINK WHAT I'M HEARING IS HOPEFULLY I'M PARAPHRASING IT CORRECTLY.
COULD THE COMMISSION NOW DENY IT? I MEAN, THAT'S THE QUESTION.
AS COUNCIL, I WOULD SAY YOU NEED TO BE VERY SPECIFIC AS TO THE REASONS WHY IT'S BEING DENIED, BECAUSE THERE IS SUCH A THING AS ARBITRARY AND CAPRICIOUS. IF SOMEONE HAS BEEN ASKED TO GO THROUGH THE PROCESS AND TO EITHER PROVIDE ADDITIONAL INFORMATION OR REMOVE CERTAIN AND THEY'VE DONE THAT, AND THEN TO BE DENIED AT THE OUTSET, THEN I WOULD PROBABLY SAY, HEY, WHY IS THIS BOARD BEING ARBITRARY AND CAPRICIOUS? WHAT ELSE IS GOING ON? SO YOU WOULD NEED TO REALLY PLACE ON THE RECORD EVERYTHING'S RECORDED WHY IT'S NOW BEING DENIED.
YES. AND SO THEY GET TO PRELIMINARY AND NOW IT'S LIKE, OKAY, HERE'S ALL THE COLORS IN HERE.
AND THEN THE NEXT STEP IS FINAL.
SO THEY'VE ACTUALLY KIND OF GOT AN APPROVAL, AN APPROVAL.
AND IN THE END, IT'S LIKE THERE'S NOT A WHOLE LOT LEFT FOR US TO.
AND IT'S INTERESTING YOU BRING THAT UP BECAUSE SOME OF THE CASES THAT WE'VE SEEN, WE'VE ASKED QUESTIONS ABOUT THE APPROPRIATENESS OF PARTICULARLY OUT ON THE WEST END, WHICH RIGHT NOW IS WRITTEN THERE, IT'S JUST A MINIMUM LOT SIZE.
THAT'S ALL IT IS. AND SO I THINK AS PART OF MAYBE THE OVERALL COMPREHENSIVE PLANNING PROCESS THAT I HEAR IS FUNDED, THAT WE MAY AN THE CITY MAY START, THAT WOULD BE SOMETHING THAT I THINK WOULD BE INTERESTING TO TAKE INTO CONSIDERATION BECAUSE WE'RE CREATING THESE TINY LITTLE NEIGHBORHOODS OF LIKE 5 OR 8 OR 10 . EXACTLY. THAT ARE SIGNIFICANTLY MORE DENSE THAN THEIR SURROUNDING NEIGHBORS, PARTICULARLY OUT ON THE WEST END.
THAT'S THE AREA I'M TALKING ABOUT.
SO IT LIKE YOU SAID, OUR HANDS ARE SORT OF TIED BECAUSE THEY'RE MEETING ALL THE OBLIGATIONS OF THAT PRELIMINARY PLAT AND THE FINAL PLAT AS CURRENTLY WRITTEN.
OKAY. IF THEY'RE MEETING THOSE OBLIGATIONS AS DEFINED IN CODE.
RIGHT. IT'S NO DIFFERENT YOU I MEAN IT'S EITHER APPROVABLE BECAUSE IT MEETS CODE, RIGHT.
OR IT'S NOT APPROVABLE BECAUSE IT DOESN'T MEET CODE ONE OF THOSE TWO.
YEAH. AND THEY'RE NOT SORT OF TIED.
SO WE'RE JUST TALKING ABOUT IT.
SO IF YOU WANT A COUPLE OF MINUTES TO MOVE OVER TO THE OTHER ROOM? YES. HAVE WE FINISHED ALL OUR SLIDES? YES, THANK YOU. LET ME JUST SAY THAT CATHERINE DID A WONDERFUL JOB ON THIS.
YES. YEAH. [APPLAUSE] THANK YOU.
YEAH, YEAH, WELL, WE'LL SEND IT OUT TO EVERYBODY, OKAY? ALL RIGHT. KEVIN, WHAT.
SO WE'RE GOING TO ADJOURN THE WORKSHOP.
OKAY, THAT'S ABOUT IT.
* This transcript was compiled from uncorrected Closed Captioning.