[1. Call Meeting to Order ] [00:00:13] ALL RIGHT. IT'S 2:30, AND WE'LL GO AHEAD AND CALL THE WORKSHOP OF THE PLANNING COMMISSION TO ORDER. LET'S SEE. OH, ATTENDANCE. YEAH. I'VE GOT TO DO THAT THING AGAIN. WE'VE CALLED ROLL BUT EVERYBODY SIGNED IN. WE HAVE TWO ABSENCES. I WILL GET MY NOTES HERE IN JUST A SECOND. I'M MISSING EVERYTHING HERE. ALL RIGHT. HEARING NONE. [4. Discussion of Development Process and Development Regulations (Staff) ] OH, YEAH. THANK YOU. DISCUSSION ITEMS TALKING ABOUT DEVELOPMENT PROCESS AND DEVELOPMENT REGULATIONS. AGAIN, THIS THE PREMISE BEHIND THIS WAS FOR THE COMMISSION AND STAFF TO KIND OF WORK COLLABORATIVELY TO TRY TO ADDRESS ANY OF THE ITEMS THAT WE'VE SEEN OVER THE PAST YEAR OR TWO RELATED TO EITHER DEVELOPMENT OR ADHERENCE TO CURRENT CODE OF ORDINANCES OR LAND DEVELOPMENT REGULATIONS. AND MAYBE IF THERE ARE THINGS THAT EITHER NEED TO BE CLEARED UP IN TERMS OF THE PROCESS OR IF WE THINK THAT THERE ARE THINGS THAT WE NEED TO RECONSIDER FOR ADDITIONS OR CHANGES TO THE LDRS. AND ONE OF THE THINGS THAT I THOUGHT OF WAS THIS IS PROBABLY A REALLY GOOD TIME TO GO ABOUT DOING THAT ONE BECAUSE WE'VE SEEN A LOT OF INTERESTING STUFF COME UP OVER THE PAST COUPLE OF YEARS. BUT THEN THE OTHER THING IS, IS THAT THE THE THE CITY HAS APPROVED IN THEIR BUDGET TO GO AHEAD AND START THE TO HIRE A CONSULTANT TO DO A COMPREHENSIVE PLAN. AN UPDATE TO THAT. THE COMPREHENSIVE PLAN LAST TIME IT WAS UPDATED WAS 2012. MY HOPE IS THAT WE AS A CITY WOULD MOVE FORWARD WITH TRYING TO UPDATE THE COMPREHENSIVE PLAN. WHAT A BETTER WAY TO SAY TO A CONSULTANT, HEY, LISTEN, YOU'VE GOT A REALLY ENGAGED COMMUNITY HERE WITH THE PLANNING COMMISSION AND WITH THE PLANNING DEPARTMENT THEN TO GO THROUGH A COUPLE OF WORKSHOPS TO TRY TO ADDRESS WHAT MIGHT BE THOSE SORTS OF ITEMS THAT WE WOULD LIKE TO SEE THE CITY TAKE A HARD LOOK AT AS PART OF THEIR COMPREHENSIVE PLAN UPDATE, SO THAT'S THE BACKGROUND. ALL RIGHT. OFF TO YOU. OKAY. SOUNDS GREAT. SO WE HAD GOT ASKED FOR SOME QUESTIONS TO BE SUBMITTED BY THE COMMISSIONERS ON THEIR SPECIFIC AREAS OF CONCERN. WE GOT SEVERAL, SO I HAVE THEM ON THE SCREEN. I DON'T KNOW IF THE COMMISSIONER IN QUESTION WANTS TO TO ELABORATE ON THE QUESTION AND THEN WE CAN AS STAFF ADDRESS IT. YEAH. YEAH. BECAUSE WE NEED IT ON FOR THE RECORDING. WELL, MY MAIN CONCERN WAS THAT WHEN WE GRANT PROPERTY OWNERS CONSTRUCTION OR APPROVAL FOR CONSTRUCTION CERTIFICATES AND DOING PROTECTION PERMITS THAT I DON'T WANT TO INFER A FALSE SENSE OF THIS IS YOU HAVE NO RISK IN THIS AREA BY APPROVING THE PERMIT. AND I SPEAK FROM PERSONAL EXPERIENCE WITH THE HOME THAT WE BUILT AND BEING IN A NEIGHBORHOOD THAT LOST SUBSTANTIAL DURING HURRICANE IKE, YOU KNOW, AN ENTIRE ROW, 22 HOUSES AND A STREET, ALL OUR INFRASTRUCTURE IN MY NAIVE MIND COMING FROM AUSTIN I FELT LIKE WITH CITY APPROVAL, SURELY THIS ISN'T A REALLY RISKY PLACE TO BE OR THEY WOULDN'T HAVE GIVEN ME THIS APPROVAL. AGAIN, THAT'S I DON'T REMEMBER GETTING THIS DOCUMENT. MAYBE I DID. THAT WAS A LONG, LONG TIME AGO. BUT I JUST FELT LIKE JUST A SIMPLE DISCLAIMER BECAUSE I KNOW IN MY BACKGROUND AS A RISK MANAGER, WE'RE NOT REQUIRED TO REMOVE RISK, BUT WE DO HAVE A DUTY TO INFORM. AND I JUST FELT LIKE A LITTLE SIMPLE SENTENCE THAT BASICALLY SAID PROPERTY OWNERS SHOULD BE AWARE THAT BEACHFRONT CONSTRUCTION INCLUDES UNIQUE RISK AND APPROVED BEACHFRONT CONSTRUCTION CERTIFICATE AND DOING PROTECTION PERMIT IS NO INFERENCE OF REDUCED RISK FOR YOUR AREA. SO THAT'S JUST MY $0.02 THERE. AND WE BROUGHT THAT TO COASTAL. KYLE CLARK IS HERE TO PARTICIPATE TODAY AND THEY HAVE NO PROBLEM ADDING THAT AND WE'LL START ADDING THAT TO THE ACTION LETTERS. I THINK YOU ALSO HAD A QUESTION ABOUT WHO GETS THE GLO LETTER AND THEIR PRACTICE NOW IS TO SEND THE PROPERTY OWNER THE APPLICANT IS COPIED AND [00:05:01] THAT INCLUDES THE ACTION LETTER, THE GLO COMMENT LETTER AND THE APPROVED PLANS SO THAT THE OWNER HAS ALL OF THAT INFORMATION IN ONE ONE LOCATION. AND IT'S TYPICALLY DONE THROUGH EMAIL. AND I'M GLAD TO HEAR THAT BECAUSE I KNOW AT SOME POINT IT WAS MENTIONED THAT THE BUILDER MAY GET THE GLO LETTER, BUT THE HOMEOWNER MAY NOT BE COPIED ON THE GLO LETTER. AND YOU KNOW, THE BUILDERS GOT THEIR BEST INTEREST AT HEART. AND I FELT LIKE THE HOMEOWNER AS WELL NEEDS TO BE. THAT'S NOT THE BEST PRACTICE. AND SO THEIR PRACTICE IS TO. TO COMMUNICATE DIRECTLY WITH THE PROPERTY OWNER AND THEN THE BUILDERS COPIED. COMMISSIONER HILL. SO THIS IS PART OF THE GLO PACKAGE CATHERINE? THIS IS KYLE CAN EXPLAIN A LITTLE BIT MORE ABOUT WHAT THIS IS. HELLO? YEAH. THIS HAS TO BE INCLUDED WITH YOUR DOCUMENTS WHEN YOU'RE CLOSING, YOU SIGN OFF. SO THIS IS ACTUALLY IN THE TEXAS NATURAL RESOURCE CODE, 61 THAT SAYS THIS IS LANGUAGE ANYTHING BASICALLY SOUTH OF THE INTERCOASTAL WATERWAY. THIS HAS TO BE INCLUDED. AND I THINK THERE'S A TEXAS REAL ESTATE COMMISSION ADDENDUM THAT THEY ADD TO ANYTHING. SO YEAH, IT'S A STATE LAW THAT THIS IS INCLUDED. AND, YOU KNOW, NOTIFYING HOMEOWNERS IF YOU'RE SOUTH OF THAT AREA, YOU KNOW THAT THERE'S A RISK, INHERENT RISK AND SOME INFORMATION THERE ABOUT BEACH ACCESS AND CLEANUP AND THINGS LIKE THAT. SO I JUST FOUND THIS LOOKING THROUGH THE OUR MAIN DOCUMENT THAT WE WORK OFF OF THE 6110 NRC AND I JUST PRINTED IT OUT. I THOUGHT IT WOULD BE GOOD INFORMATION TO KNOW THAT THIS IS SUPPOSED TO BE INCLUDED ON ANY PROPERTY OR HOME OR. OKAY. ANYTHING ELSE ON THAT TOPIC? OKAY. COMMISSIONER HILL HAD A COUPLE OF QUESTIONS. THE FIRST ONE HAS TO DO WITH DEFINITIONS AND GENDER NEUTRALITY. THIS WAS JUST SOMETHING THAT CAME UP IN ONE OF OUR CASES RECENTLY THAT HAD ME LEAFING BACK THROUGH DEFINITIONS AND SOMETHING CAME UP THAT WENT THAT SENT ME BACK THROUGH THE DEFINITIONS AND I FOUND SOMETHING THAT LED ME TO SEE MALE FEMALE, AND I JUST WANTED TO SEE US UPDATE SO THAT WE BECAME COMPLETELY GENDER NEUTRAL IN THE LDRS. AND I THINK THAT'S PRETTY SELF-EXPLANATORY. WE'VE COME A LONG WAY WITH GENDER NEUTRALITY FROM THE ZONING STANDARDS WHICH PREDATED THE LDR WAS REPLACED THAT WAS FULL OF HE'S AND OH I'M SURE YEAH. BUT SO THAT HAS CHANGED MOST OF THE TIME THE PERSON WHO IS SUPPOSED TO BE PERFORMING THE TASK IS IDENTIFIED ONLY AS THEIR TITLE. I DID WAS GOING THROUGH IT TODAY AND I DID FIND ONE INSTANCE OF A HIS, BUT FOR THE MOST PART IT IS GENDER NEUTRAL. BUT WE CAN ACTUALLY WE'LL ADD THAT TO THE LIST OF ZONING CHANGES OR CHANGES ARE RUNNING LISTS THAT WE KEEP MAKING SURE THAT IT'S GENDER NEUTRAL. THERE IS A STATEMENT AT THE BEGINNING OF THE DEFINITIONS THAT THE MASCULINE GENDER INCLUDES THE FEMININE AND THE FEMININE GENDER INCLUDES THE MASCULINE. SO WE DO HAVE THAT IN THE DEFINITIONS CURRENTLY, RIGHT? AND I THINK THAT WE MIGHT WANT TO CONSIDER COMPLETELY ELIMINATING MASCULINE AND FEMININE AND MAYBE GOING WITH COMPLETE GENDER NEUTRALITY, BUT THAT'S A DISCUSSION FOR ANOTHER DAY. THE CHARTER ALSO HAS GENDER NEUTRALITY IN THE BEGINNING SO THAT HIS IS NOT JUST HIS. AND WHENEVER NEW ORDINANCES OR RESOLUTIONS ARE BROUGHT TO MY ATTENTION, I TRY TO KEEP IT IS HER THIS. THERE. IT'S THAT TYPE OF THING, RIGHT? SO I WORK PRETTY HARD ON TRYING TO. I KNOW, BUT AND I THINK THAT THE NEXT TIME THAT WE GO THROUGH A ROUND OF SCRIVENER'S ERRORS AND EVERYTHING WE CAN JUST. THIS IS JUST SOMETHING WE CAN ADD TO THE LIST. ABSOLUTELY. UH, NEXT, THE DEVELOPMENT PROCESS ITSELF. THIS IS SOMETHING THAT I THAT I THOUGHT OF WHEN WE WERE GOING THROUGH ALL OF THE, THE, IT SEEMED LIKE WE WENT THROUGH A RASH OF PUDS WHERE WE HAD HAD SOME, I HATE TO SAY PROBLEMS, BUT WE HAD HAD SOME ISSUES OR QUESTIONS ABOUT DRAINAGE AND THINGS LIKE THAT. AND, WELL, LOTS OF QUESTIONS. AND I JUST WONDERED BECAUSE YOU ALL DESCRIBED THE PROCESS TO US OF HAVING PREDEVELOPMENT MEETINGS, [00:10:01] I WONDERED IF THERE WAS EVER A POST DEVELOPMENT MEETING WHERE YOU ALL TALKED ABOUT AFTER ACTION AND THINGS THAT COULD BE DONE DIFFERENTLY OR BETTER. WELL WE HAVE AT THE END OF A PROCESS IS A CERTIFICATE OF OCCUPANCY. THAT'S THE TYPICAL END FOR US AND THAT IS USUALLY RELATED. IT'S RELATED TO BUILDINGS. SO IF YOU'RE CONSTRUCTING A NEW BUILDING, DOING A REHAB, CHANGING YOUR USE, THEN YOU HAVE TO GET A CERTIFICATE OF OCCUPANCY. AND THAT ALLOWS INSPECTIONS BY ALL OF THE DEPARTMENTS THAT ARE INCLUDED IN DEVELOPMENT. SO WE'RE NOT OUT THERE AS A GROUP, BUT EVERY ENTITY, PUBLIC WORKS, BUILDING, PLANNING AND THE FIRE MARSHAL ALL DO THEIR FINAL INSPECTIONS. AND SO THAT'S WHEN WE CAN IDENTIFY ISSUES. IF THERE ISN'T A BUILDING, THEN THE END OF THE PROJECT WITH A NEW SUBDIVISION WOULD BE THE FINAL ACCEPTANCE OF THE INFRASTRUCTURE THAT'S INSPECTED BY PUBLIC WORKS AND GOES TO COUNCIL FOR FINAL ACCEPTANCE. AT YOUR STAGE IT'S THE FINAL PLAT, SO THAT IS TYPICALLY THE POINT AT WHICH THE PLANNING COMMISSION WILL SEE THE LAST PIECE OF BUSINESS FOR THAT FOR THAT DEVELOPMENT. SO IS THERE A TIME WHEN YOU ALL WOULD SAY, OKAY, HOW COULD WE HAVE DONE THIS BETTER? BECAUSE I THINK THAT WE'VE SEEN SOME INSTANCES, WE HAVE ALL SEEN SOME INSTANCES LATELY WHERE WE HAVE SEEN AS A COMMISSION THAT MAYBE WE COULD DO OUR JOBS BETTER. WE'VE WE COULD DO OUR JOBS DIFFERENTLY. YOU KNOW, WE'VE ASKED QUESTIONS THAT WE HAVE LEARNED REALLY ARE HANDLED IN OTHER AREAS. OKAY. LIKE KEEP YOUR NOSE OUT OF THE DRAINAGE BECAUSE IT'S GOING TO BE HANDLED OVER HERE. AND IF THERE'S A DRAINAGE ISSUE, THEN WE'LL YOU'RE NOT GOING TO IT WON'T MAKE IT FROM PRELIMINARY PLAT TO FINAL PLAT. THE DRAINAGE ISSUE IS GOING TO GET CLEARED UP THERE. SO KEEP YOUR NOSE OUT OF DRAINAGE ISSUES IN PRELIMINARY PLAT. SO WE'VE LEARNED THAT. SO IS THERE A POINT AT WHICH YOU ALL SAY, OKAY, WE COULD DO BETTER IN THE SUCH AND SUCH FROM WHAT SOMETHING WE LEARNED IN THIS PARTICULAR DEVELOPMENT? I WOULD SAY WE'RE ALWAYS STRIVING FOR IMPROVEMENT. WE'RE ALWAYS INCREMENTAL IMPROVEMENTS. WE'RE ALWAYS LOOKING FOR WAYS TO DO THAT, PLANNING HAS A STANDING MEETING ON WEDNESDAYS WHERE WE GET TOGETHER AND WE JUST TALK ABOUT THE THINGS THAT WE'RE DEALING WITH AT THE MOMENT, AND THAT'S AN OPPORTUNITY FOR US TO BOUNCE ISSUES AND IDEAS OFF OF EACH OTHER. AND, YOU KNOW, WE ALL PRETTY MUCH, EXCEPT FOR THE FIRE MARSHAL, ALL WORK TOGETHER IN THE SAME BUILDING. AND SO WE HAVE THERE'S NOT A FORMAL PROCESS LIKE THAT, BUT I'D SAY THAT THERE'S LOTS OF CASUAL CHANCES FOR INTERACTION. OKAY. ALL RIGHT. AND ON THAT, I WILL TELL YOU THE PROCESSES BECAUSE I'VE SEEN BOTH SIDES. THE PROCESSES, ESPECIALLY FOR CERTIFICATES OF OCCUPANCY, HAVE GREATLY IMPROVED OVER THE YEARS. AND I CAN TELL YOU THAT I HAVE BEEN INVOLVED. I'VE JUST SEEN WHERE THERE WERE THINGS COULD HAVE BEEN DONE DIFFERENTLY. AND SITTING HERE AS A COMMISSIONER, I'VE SEEN THOSE CHANGES COME FORTH. SO I WOULD TELL YOU IT'S SOMETHING THAT PROBABLY JUST MORPHS OVER TIME FOR LACK OF ANOTHER WORD. BUT I CAN TELL YOU I HAVE SEEN IT. IT IS ONGOING IN THOSE PROCESSES THAT THEY USE. IT IS CONTINUALLY CHANGING. SO AND MOST PART FOR THE BETTER. YOU KNOW, THERE'S STUFF I'D LIKE TO CHANGE, BUT IN GENERAL, WE GET GOOD FEEDBACK FROM DEVELOPERS AND FROM BUILDERS, ESPECIALLY IF THEY WORK IN HOUSTON. THEY COME HERE AND OUR PROCESS IS MUCH EASIER AND MUCH MORE STREAMLINED AND SIGNIFICANTLY FASTER, VERY ACCESSIBLE AND MORE ACCESSIBLE. AND THAT'S THE THING THAT WE HEAR ABOUT HOUSTON AND OTHER COMMUNITIES A LOT, IS THAT THEY JUST CAN'T GET TO ANYBODY AND THAT, YOU KNOW, WE'RE WE'RE HERE AND WE'RE ABLE TO ANSWER QUESTIONS FOR PEOPLE. RUSTY WHAT WOULDN'T YOU LIKE TO CHANGE? I KNOW THERE ARE A LOT OF THINGS YOU'D LIKE TO CHANGE. I'M JUST KIDDING. I THINK THEY SHOULD BAN ALL FISHING FROM THE BAY EXCEPT FOR MY BOAT. IS THAT A CHANGE OF THE CODE OF ORDINANCES? RUSTY WALLA GETS A GOLD STAR. OKAY. THANK YOU. UH, NEXT. OH, MAN, I HAD THAT ONE, TOO. OH, SORRY. IT'S OKAY. GO AHEAD. DID YOU COPY MY PAPER? DID YOU COPY MY PAPER? I DIDN'T SUBMIT IT. I WAS JUST GOING TO BRING IT UP. OKAY. OKAY. DEFINITELY. THIS IS SOMETHING THAT HAS COME UP RECENTLY. SHOULD BEACH ACCESS PLAN REVISIONS BE SHOULD ALL BEACH ACCESS PLAN REVISIONS BE REVIEWED BY THE PLANNING [00:15:07] COMMISSION BEFORE GOING TO CITY COUNCIL? AND WOULD THIS REQUIRE A CHANGE TO THE LDR? SO IT IS THAT IS A POLICY DECISION THAT CITY COUNCIL WOULD MAKE IF THEY WOULD LIKE TO HAVE YOUR RECOMMENDATION ON THESE CHANGES, IT WOULD REQUIRE A CODE AMENDMENT BECAUSE RIGHT NOW IT'S NOT REQUIRED. THE BEFORE THE LAND DEVELOPMENT REGULATIONS WERE ADOPTED IN 2015, THAT'S WHERE THE BEACH ACCESS STUFF LIVED AND IT WAS AN ARTICLE IN THE ZONING REGULATIONS. ANY CHANGES TO ZONING REGULATIONS REQUIRE REVIEW BY THE PLANNING COMMISSION. IN 2015, IT WAS TAKEN OUT OF THE LAND DEVELOPMENT REGULATIONS AND PUT INTO CITY CODE, AND AT THAT TIME THE REQUIREMENT FOR PLANNING COMMISSION REVIEW WENT AWAY BECAUSE IT WAS NO LONGER HOUSED IN THE ZONING CODES. SO IF THE IF CITY COUNCIL WOULD LIKE TO HAVE PLANNING COMMISSION REVIEW, IT WOULD MAKE IT WOULD REQUIRE A CODE AMENDMENT AND PROBABLY IN CHAPTER 29 RATHER THAN IN THE LDR. OKAY. OKAY. UM, SO THAT WOULD HAVE TO BE INITIATED BY COUNCIL. YES. OKAY. SO LET ME ASK ONE MORE. I'M SORRY. GO AHEAD, DAVID. DID YOU WANT TO IS THERE A PROCESS BY WHICH THESE SORTS OF RECOMMENDATIONS CAN BE MADE FROM THE PLANNING COMMISSION TO CITY COUNCIL? YEAH, I WOULD SAY THAT WOULD BE THROUGH YOUR EX-OFFICIO. SO WHAT DO YOU THINK? OKAY. DO YOU FEEL ABOUT THAT, JOHN? WELL, YOU KNOW, JUST TO BE COMPLETELY TRANSPARENT, I MEAN, IF WE'RE GOING TO COME AND MAKE RECOMMENDATIONS OF SAYING, HEY, LISTEN, YOU KNOW, WE YOU KNOW, YOU'VE KIND OF GIVEN US THE RESPONSIBILITY FOR BEING REALLY IN TUNE WITH BEACHFRONT CONSTRUCTION AND BEACH ACCESS AND PLANNING AND PUDS AND THAT SORT OF STUFF, THEN YOU WOULD THINK IT MAKES A LOT OF SENSE TO ACTUALLY HAVE THE BEACH ACCESS PLAN REVISIONS COME THROUGH PLANNING COMMISSION. I JUST WANTED TO KNOW HOW YOU GET FROM HERE UP TO CITY COUNCIL THROUGH THROUGH YOUR EX-OFFICIO, TYPICALLY THROUGH YOUR EX-OFFICIO. OKAY, GREAT. YOU MIGHT HAVE SOME INFLUENCE ON COUNCIL. I DON'T KNOW WHAT YOU'RE TALKING ABOUT. WELL, BEACH ACCESS. IT IS. IT IS. IT IS. YEAH. SO THE BEACH ACCESS PLAN AND THE BEACH DUNE RULES LIVE TOGETHER IN CHAPTER 29 IN CITY CODE. RIGHT. SO I HAVE ANOTHER QUESTION. OKAY. UM. WHAT ABOUT REQUIRING THAT TEXT AMENDMENTS TO THE LDRS BE REVIEWED BY PLANNING COMMISSION BEFORE BEING TAKEN UP BY CITY COUNCIL? AND THAT IS A CURRENT REQUIREMENT BECAUSE THE LDR IS THE ZONING CODE AND IT'S REQUIRED THAT TEXT AMENDMENTS TO THAT DOCUMENT GO THROUGH PLANNING COMMISSION. HMM. THAT'S INTERESTING. THAT'S VERY INTERESTING. TEXT AMENDMENTS TO THE LDRS. WHICH TEXT AMENDMENT? THE CODE OF ORDINANCES. TEXT AMENDMENTS TO THE LDRS HAVE TO BE REVIEWED BY PLANNING COMMISSION. DOES PLANNING COMMISSION HAVE TO TAKE ACTION ON THOSE AND MAKE A RECOMMENDATION ON THOSE? THEY REALLY DON'T HAVE TO. I MEAN, IF THE VOTE FAILED RECOMMENDATION AND NON RECOMMENDATION IS IS IS STILL AN ACTION, WHERE IS THAT [INAUDIBLE] WHERE IS THAT IN THIS DOCUMENT, PLEASE. IN 13. OH, NO. PROBABLY IN 12, 13 AND 12 MIXED UP. YEAH. 12 IS ADMINISTRATIVE BODIES. IT GIVES YOUR THE BOARDS THEIR POWERS AND THEIR DUTIES. YEAH. SO THAT IS GOING TO BE IN 12.301. THE VERSION I HAVE, IT'S PAGE 12 2. I'M GOING TO OPEN UP MY HOTSPOT. IT IS IN THE SECTION TITLED OTHER POWERS UNDER THE PLANNING COMMISSION. OH, NO, IT'S NOT. IT'S REVIEW AND RECOMMENDATION. AMENDMENTS TO THESE TEXTS. TO THE TEXT OF THESE REGULATIONS. OKAY. CAN YOU PERIODICALLY REVIEW THESE REGULATIONS. THE COMPREHENSIVE PLAN. OTHER PLANS OF THE CITY AND MAKE RECOMMENDATIONS REGARDING UPDATES AND AMENDMENTS. PERIODICALLY REVIEW REGARDING UPDATES AND AMENDMENTS. OKAY. SO IT DOESN'T SAY THEN THAT IT IS. OR AS REQUESTED BY THE CITY COUNCIL. [00:20:04] IT DOESN'T SAY THAT IT IS REQUIRED. NOT UNDERSTANDING. LET'S PULL IT UP SO WE'RE ALL LOOKING AT THE SAME. OKAY. THANK YOU. THANK YOU. SEE THAT FAR AWAY. AND YOU ALL ALL HAVE MUCH YOUNGER EYES THAN. NO, YOU'RE ON 12 POINT. YOU'RE IN 12. YOU WANT TO BE IN 12. OKAY. YEAH. SO I'VE GOT IT UP HERE ON THE SCREEN. SO SECTION 12.301 IS THE GENERAL POWERS OF THE COMMISSION. SO IN B, IT LISTS THE THOSE CASES IN WHICH YOU ALL ARE THE FINAL DECISION MAKER AND THAT'S PLATS, RE PLATS. UH, SOME, SOME SOME DIVISION VARIANCES, SOME APPEALS, LICENSE TO USE BEACHFRONTS. BEACHFRONT PERMITS AND THEN REVIEW AND RECOMMENDATION. THAT'S WHERE IT SPECIFICALLY SAYS THAT IT'S AMENDMENTS TO THE TEXT OF THESE REGULATIONS. REFERRING THEN TO THE LAND DEVELOPMENT REGULATIONS SHALL REVIEW AND MAKE RECOMMENDATIONS. BUT I GUESS WHAT I'M WHAT I'M SEEING ON THAT, CATHERINE, IS IT SAYS WE SHALL REVIEW AND MAKE RECOMMENDATIONS. IT DOESN'T SAY THAT THEY THAT THE TEXT AMENDMENTS HAVE YES WILL OR THAT MUST OR SHOULD SHALL IS IS IS MUST SHALL IS MUST IN OUR REGULATIONS SHALL IS AN ABSOLUTE. OKAY. IT'S NOT MUST IS A WISHY WASHY WORD, BUT SHALL IS AN ABSOLUTE. THAT'S SO INTERESTING. OKAY THEN I'M. YEAH. AND THAT'S IN 14 ALSO DEFINITIONS TALK ABOUT SHALL MEANS I NEED TO HEAR THAT AGAIN. I'M READING IT, BUT I'M JUST NOT GETTING IT YET. OKAY. SHALL IS. SHALL IS STRONG. YES. YES. SHALL IS STRONGER THAN MUST. SO THE WORD USAGE SECTION OF THE OF 14 DEFINITIONS SAYS THE WORD SHALL AND WILL ARE MANDATORY. THE WORDS MAY AND SHOULD ARE PERMISSIVE, AND THAT IS IN 14.01 WORD USAGE. SAME PLACE WHERE YOU FIND THE STUFF ABOUT GENDER. RIGHT? SO BUT AS IT AS IT PERTAINS TO SECTION 12.3. I THINK WE WERE LOOKING AT SECTION 1B OR B1 AND THEN ALSO LOOKING AT B2. B2 IS THE REVIEW AND RECOMMENDATIONS FOR WHAT WE WERE TALKING ABOUT HERE. SO IT'S REZONING OF PROPERTY, INCLUDING CREATION OR AMENDMENT OF HISTORIC OVERLAY DISTRICTS. OKAY, FINE. SPECIFIC USE PERMIT APPROVAL AND THEN DETERMINE AND THEN B DETERMINATION OF PLACEMENT OF NEW AND UNUSED OR IS THIS AMENDMENTS TO THE TEXT? THAT'S WHAT WE'RE TALKING ABOUT. OKAY. AND SO C AND SO THAT'S THE ONE WE'RE TALKING ABOUT PERTAINS TO THE LDRS. YES. OKAY. SO ANY CHANGES TO THE LDRS MUST BASICALLY SHALL, SHALL. SO SHALL EQUALS MUST BE REVIEWED BY THE PLANNING COMMISSION AND A RECOMMENDATION MADE TO COUNCIL. YES. AND AND. YEAH. BUT NOT THE CODE OF ORDINANCES. CORRECT. YEAH, BUT ON TEXT AMENDMENTS? YES, ON TEXT AMENDMENTS. SO MY QUESTION THEN ABOUT TEXT AMENDMENTS NEEDING TO GO THROUGH PLANNING COMMISSION BEFORE THEY GO TO COUNCIL, ADDING THAT THAT'S ALREADY IN THERE. IT'S ALREADY ADDRESSED. YEAH, I GOT IT. YEAH. VERY CLEAR. OKAY. OKAY, I GOT IT. IN ORDER TO GET TO IT. YEAH, BUT WE'RE THERE. NO, THAT'S GOOD. THANK YOU FOR GOING THROUGH THAT, CATHERINE. THANK YOU, CATHERINE. THAT'S VERY USEFUL AND HELPFUL AND APPRECIATED. OK. AND THEN COMMISSIONER WALLA HAD SOME QUESTIONS ABOUT OPEN SPACE. [00:25:07] SO, YOU KNOW, WE RECENTLY HAD A PLANNING CASE AND I WAS. THERE'S NOT ANY PROVISIONS FOR THAT I COULD SEE PROVISIONS FOR OPEN SPACE REQUIREMENTS OUTLINED IN THE LDRS. WELL, LET ME BACK UP JUST A SECOND. THERE IS AN A REFERENCE TO ANOTHER DOCUMENT IN THE LDRS REGARDING OPEN SPACE. BUT AND I DON'T REMEMBER. IT'S MORE LIKE CONCERNING PARKS AND PARKS MASTER PLAN. YES. SO IT MAKES REFERENCE TO THAT FOR OPEN SPACE REQUIREMENTS IN NEW DEVELOPMENTS. SO AND I HAVEN'T QUITE FRANKLY, I HAVEN'T READ THE PARTS. I GLANCED THROUGH IT AND I JUST MADE MY HEAD SPIN. SO I LEFT IT ALONE. SO I WAS KIND OF HOPING YOU COULD. YEAH. SO THERE ARE A COUPLE CLARIFICATION PLACES IN THE LDR THAT ADDRESS OPEN SPACE AND THE ONE THAT YOU'RE GOING TO BE MOST INTERESTED IN. WE DON'T WE HAVEN'T YET USED. SO THEY'RE IN THE TRADITIONAL NEIGHBORHOOD DEVELOPMENT ZONING DISTRICT THAT'S WHAT WE CALL THE TND. AND IT'S THINGS LIKE BEACHSIDE VILLAGE AND AVILA AND BEACH TOWN. THERE IS AN OPEN SPACE REQUIREMENT OF 8% OF THE DEVELOPMENT AREA IN THE HEIGHT AND DENSITY DEVELOPMENT ZONE, WHICH IS TYPICALLY ALONG THE SEAWALL. THERE IS AN OPEN SPACE AND A MAXIMUM LOT COVERAGE REQUIREMENT, AND THAT VARIES BY THE LOCATION AND BY THE SIZE OF PROJECT. BUT THE RANGE FOR MAXIMUM LOT COVERAGE, WHICH IS THE ALL THE AMOUNT OF IMPERVIOUS SURFACE THAT YOU CAN HAVE ON A SITE, RANGES FROM 50% TO 80%. IN THE HDDC YEAH. AND THEN THE IMPROVED PUBLIC OPEN SPACE, WHICH IS THINGS LIKE PUBLIC PLAZAS, SOMEPLACE WHERE THE PUBLIC CAN ACCESS IT, RANGES FROM 5% TO 20%. WHAT IS THE DEFINITION OF OPEN SPACE? SO THE IMPROVED PUBLIC OPEN SPACE IS DEFINED. IT GIVES SPECIFIC EXAMPLES, AND THAT'S GOING TO BE IN 14. AND THEN PROBABLY THE OPEN SPACE REQUIREMENTS FOR TND IS GOING TO BE IN THEIR SECTION, WHICH IS 10.3. OKAY. AND SO THEN THE ARTICLE SIX HAS A COUPLE OF SECTIONS WHERE IT TALKS ABOUT OPEN SPACE AND 6.307 IS PROBABLY WHAT YOU'VE SEEN, RUSTY AND THAT GIVES YOU LOTS OF GUIDANCE ON HOW TO DO OPEN SPACE BUT DOESN'T HAVE A REQUIREMENT. THERE IS AN OPEN SPACE REQUIREMENT IN 6.601, BUT IT IS ONLY FOR DEVELOPMENTS OF 25 ACRES OR MORE. WE JUST HAVEN'T SEEN THAT. SO IF YOU HAVE A DEVELOPMENT OF THAT SIZE, THEN THERE IS A 20% MINIMUM USABLE OPEN SPACE REQUIREMENT. OKAY. WE ADOPTED THAT IN 2018, BUT LIKE I SAID, WE HAVEN'T UTILIZED IT. SO I PUT THAT CHART THERE, LISTS THE PRELIMINARY PLATS THAT WE'VE HAD SINCE 18 AND THE CORRESPONDING ACREAGE. SO WE HAVEN'T HAD ANYTHING CLOSE TO 25, 25 ACRES. 18. YEAH. SO IN, IN THE ZONING STANDARDS, WHICH IS THE DOCUMENT THAT PREDATES LDR, THERE WAS AN OPEN SPACE REQUIREMENT AND YOU PROBABLY REMEMBER THAT. YEAH. THERE YOU GO. AND BETWEEN 15 AND 18, THERE WASN'T ANYTHING. AND THEN WE DID A LOT OF CHANGES IN 18, AND THAT'S WHEN WE'RE ADOPTED THE WEST END DENSITY STANDARDS. AND WE JUST WE ARE NOT GETTING THAT. THERE IS. THERE IS. THERE IS NONE. YEAH, BUT AS WE'RE STARTING TO SEE SOME OF THIS, SOME OF THIS DEVELOPMENT THAT'S HAPPENING OUT ON THE WEST END, IS THAT SOMETHING THAT NEEDS TO BE REVISITED? BECAUSE 20 I MEAN, 25 ACRES IS A LOT. BUT THEN YOU ALSO SEE. YES. RIGHT. YES. WE'RE NOT SEEING IT. SO FIVE YEARS WE HAVEN'T GOTTEN CLOSE TO IT. YES. MY PERSONAL OPINION. OH. I INVESTED A CONSIDERABLE AMOUNT OF TIME AND PROPERTY INTO OPEN SPACE UNDER THE 2011 ZONING STANDARDS. IT WAS AN INVESTMENT. I'D LIKE TO SAY THAT I GLADLY MADE, BUT AT THE TIME I DID NOT. I WOULD HAVE LOVED TO HAVE BEEN UNDER THIS. AND I JUST FEEL THAT BECAUSE WE ARE SEEING SOME WHAT'S HAPPENING IS THERE'S JUST NOT A LOT OF 25 ACRE TRACTS LEFT. AND SO WE'RE SEEING REDEVELOPMENT OF OR DEVELOPMENT OF SMALLER PARCELS. SO I'M NOT SURE WHERE THE WHERE THIS PROCESS WOULD GO, BUT I WAS VERY SURPRISED TO SEE [00:30:01] IT ON ONE OF THOSE PLANNING CASES THAT THERE WAS NONE. SO PART OF IT'S A PERSONAL I MEAN, I'VE PUT A LOT OF MONEY IN THAT AND INVESTED IN OPEN SPACES, AND I'D LIKE TO SEE EVERYBODY ELSE DO THE SAME THING. I THINK IT ADDS TO OUR COMMUNITY, ESPECIALLY ON THE WEST END. AND YOU'RE HEARING IT FROM ME. I AM SHOCKED THAT I'M SAYING IT, BUT YEAH, YOU'RE HEARING IT FROM ME. SO WE NEED MORE OPEN SPACE. YEAH, THERE WE GO. SO RUSTY, IS THE QUESTION IS, DO YOU BELIEVE THAT THE COMMENT ABOUT DEVELOPMENTS UNDER 25 ACRES, SHOULD THEY? BECAUSE RIGHT NOW IT'S 8%, IS THAT RIGHT? THAT'S ONLY FOR TRADITIONAL NEIGHBORHOODS. OH, THE TRADITIONAL. OH, SO THERE'S NOT A DEFINITION FOR UNDER 25, RIGHT. SO IF YOU'RE OKAY. THERE WE GO. YES, THERE WE GO. THAT'S I THINK WE SHOULD REVISIT THE THE NUMBERS. I THINK WE SHOULD. I MEAN, I CAN'T REMEMBER WHAT THEY WERE IN THE BUT IT WAS PRETTY CLOSE TO THIS 20% NUMBER IN OPEN SPACE. AND IT WAS ACROSS THE BOARD, IF I'M NOT MISTAKEN. WELL, AT THE TIME WE HAD PDS, SO IT WAS. WE'D HAVE TO RESEARCH IT BECAUSE I DON'T REMEMBER OFF THE TOP OF MY HEAD IT'S BEEN TOO LONG. BUT I DO THINK WE OUGHT TO CONSIDER SOME CHANGES TO THAT BECAUSE THE OPEN SPACE IS WHAT MAKES THE WEST END THE WEST END. SO HAVING NONE, I THINK IS IS NOT ENOUGH. YOU KNOW, I DON'T KNOW WHAT THE NUMBER IS. THAT'S TOO MUCH. BUT NONE IS NOT ENOUGH. SO I GUESS THAT'S MY WE NEED TO TAKE ACTION ON ANY OF THESE THINGS TO KEEP THEM ON OUR LIST. I'M TRYING TO CAPTURE THE ONES. I'VE ONLY GOT TWO RECOMMENDATIONS SO FAR. ONE IS HAVE PLANNING COMMISSION REVIEW AND CONSIDER ACTION ON BEACH ACCESS PLAN REVISIONS. AND THEN I'VE GOT THIS ONE FOR THE OPEN SPACE REQUIREMENTS. YOU GOT SOME OTHER ONES? NO, THOSE ARE THE TWO I'VE GOT. SO BUT WHAT ZONE OR HOW DO I MAKE THAT COMMENT? SO THE, THE CURRENT REQUIREMENT IS JUST FOR THE WEST END. AND WE GENERALLY DESCRIBE THE WEST END AS BEING WEST OF 103RD STREET, WEST OF 100 AND WHAT, 103RD. OKAY. AND THAT IS REGARDLESS OF THE ZONING CATEGORY. SO WHO SHALL MAKE THOSE CHANGES? YOU'RE LEARNING. LEARNING OUR WORD USAGE. WHERE WOULD THAT PROCESS START? SO THAT'S MY NEXT QUESTION. I MEAN, I JUST THREW A BIG ONE OUT THERE WHEN I TEXTED YOU OR EMAILED YOU, BUT WHAT WOULD BE THE WHAT WOULD BE THE PROCESS IN GOING, HEY, HERE'S SOMETHING WE THINK WE NEED TO LOOK AT. HOW DOES THAT WORK? TO THE POWERS OF THE COMMISSION.OKAY, SO ONE OF YOUR POWERS IS TO. THERE WE GO. THAT'S IT. PERIODICALLY REVIEW THESE REGULATIONS AND OTHER PLANS AND MAKE RECOMMENDATIONS REGARDING UPDATES AND AMENDMENTS. SO YOU COULD STUDY IT AND PROVIDE A RECOMMENDATION TO TO CITY COUNCIL. RIGHT. YEAH. RIGHT. BUT WE WOULD RECOMMEND GOING TO COUNCIL BEFORE STARTING THE WORK. YOU DON'T WANT TO SPIN YOUR WHEELS ON SOMETHING THAT COUNCIL. OH, I GET YOU SUPPORT. SO WE WOULD RECOMMEND YOU TAKE THE TOPIC THROUGH THE EX-OFFICIO FOR DISCUSSION. OKAY. THAT'S WHAT I THOUGHT. MHM. YEAH. SO I THOUGHT WHAT WE WOULD, WHAT WE COULD DO IS WE COULD GO AHEAD AND MAKE A LIST OF THINGS WE'D LIKE TO CONSIDER OR POSSIBLE AREAS OF STUDY AND THEN HAVE OUR EX-OFFICIO TAKE THAT TO COUNCIL. OKAY. THAT'S THE TYPICAL PROCESS. OKAY. IN REGARDS TO THIS OPEN SPACE DISCUSSION ON THE WEST END, IS THERE A PARTICULAR ZONING, WHATEVER, ZONING CODE OR NOT CODE, BUT ANY ADDITIONAL COMMENTS? I'LL SEND YOU MY COMMENTS AND YOU CAN CLEAN THEM UP FOR ME BEFORE WE SEND THEM UP. HOW ABOUT THAT? YEAH, NO PROBLEM. OKAY. THANK YOU. OKAY. SO I THINK THAT WAS THE END OF THE SUBMITTED QUESTIONS. SO IF ANYBODY HAS ANYTHING ELSE THAT WE CAN TRY TO ANSWER ANY QUESTIONS. YEAH, SURE. I'VE GOT A FEW THAT I WANTED TO TALK ABOUT AS IT RELATES TO BEACHFRONT CONSTRUCTION PERMITS, THERE'S A SET OF CODE OF ORDINANCES THAT ARE APPLICABLE TO THOSE THAT DON'T NECESSARILY OR MAYBE THEY DO REFERENCE, BUT THEY ARE ALSO KIND OF LOOSELY TIED TO THE TEXAS ADMINISTRATIVE CODE. CHAPTER 31 I DON'T KNOW, 31 SOMETHING 15 H AND ALL THAT, RIGHT? TEXAS ADMINISTRATIVE CODE HAS SOME LANGUAGE, AND THEN OUR BEACH ACCESS AND BEACHFRONT CONSTRUCTION CODE OF ORDINANCES HAVE SOME LANGUAGE IN THERE THAT'S COMPLEMENTARY, BUT NOT EXACTLY THE SAME. MY QUESTION IS, IS THAT GIVEN THE FOCUS OF THE PLANNING COMMISSION RELATED TO BEACHFRONT CONSTRUCTION, WHERE THE DISCUSSION IS REALLY WHERE [00:35:02] WHO'S THE RIGHT GROUP TO KIND OF POTENTIALLY MAKE RECOMMENDATIONS TO CITY COUNCIL RELATED TO CODE OF ORDINANCE CHANGES RELATED TO BEACH FRONT CONSTRUCTION? WHAT DO YOU MEAN? WELL, ARE YOU THINKING OF WHETHER IT'S PLANNING COMMISSION? THAT'S MY ART. NO, MY ART. NO, NOT TAKE I KNOW I DON'T WANT TO PLAY WITH THAT. I MEAN, BUT, YOU KNOW, IF I TAKE THAT AS MY FIRST KIND OF GUIDE THAT SAYS, OKAY, I HAVE TO PLAY BY THESE RULES, AND THEN I COME DOWN TO THE CITY AND IT SAYS SOLELY RELATED TO BEACHFRONT CONSTRUCTION. OKAY? AND NOW I HAVE TO PLAY BY THESE RULES, WHICH ARE THE CODE OF ORDINANCES RELATED TO BEACH ACCESS AND BEACHFRONT CONSTRUCTION. THEY ARE. AND I'M ASSUMING THAT THEY CANNOT BE MORE RESTRICTIVE THAN OR MAYBE THEY CAN BE MORE RESTRICTIVE THAN WHAT THE TEXAS ADMINISTRATIVE CODE IS. SO CAN YOU ANSWER ME THAT? START WITH 61 NATURAL RESOURCE CODE 61. OKAY. AND THE 31 TAC IS BASICALLY THE PROCEDURE THAT THE REGULATIONS PROCESSES THAT GLO COMES UP WITH UNDER THOSE EACH MUNICIPALITY THAT'S IDENTIFIED IN, IN AS THEY COME UP WITH THEIR OWN DOOM PROTECTION AND BEACH ACCESS PLAN. AND THEY CAN ASK FOR VARIANCES OFF OF THE TAC THEY CAN BE MORE RESTRICTIVE. THEY CAN DO YOU KNOW. YOU KNOW, I ASK THINGS FROM GLO TO YOU KNOW, JUST FOR THEIR SPECIFIC AREA. NOW, WHEN YOU LOOK AT SOME OF THE LANGUAGES IN THERE AND WE'RE TALKING ABOUT BEACHFRONT CONSTRUCTION AND PEOPLE ARE REALLY LOOKING, YOU HAVE TO GO BACK TO SOME OF THE DEFINITIONS LIKE WE WERE TALKING ABOUT SHALL AND AND THINGS LIKE THAT. SO YOU LOOK AT THE WHAT THE ACTUAL CONSTRUCTION IS DEFINITION UNDER, YOU KNOW, 10RC 61 AND TAC 31 AND ALL THAT. YOU KNOW, THERE CAN BE SOME THINGS THAT ARE CLOSE TO THE 75FT THAT YOU ALL LOOK AT THAT DOESN'T MEET THE DEFINITION OF CONSTRUCTION. SO THERE ARE SOME THINGS THAT THE STAFF CAN TAKE AND SAY THIS DOESN'T MEET THAT DEFINITION, EVEN THOUGH IT'S WITHIN THAT 75FT. YOU KNOW, IT'S VERY SPECIFIC OF WHAT IS WHAT IS A WHAT IS CONSTRUCTION. SO THERE IS A LOT OF STUFF THAT WE LOOK AT AND WE'RE SOMETIMES INTERPRET AND SAY, OKAY, SOMEBODY WITHIN 75FT REPLACING DECK BOARDS ON A DECK DOES NOT MEET CONSTRUCTION. SO IT DOESN'T MEET THAT. SO PEOPLE COME IN TO US ALL THE TIME AND SAY, HEY, WE'VE GOT THIS GOING ON OR WE'VE GOT THIS GOING. WE NEED TO REPLACE ONE PILING ON OUR DECK THAT'S' ROTTED OUT. IT MAY BE WITHIN THAT 75FT UNDER BUILDING THE BUILDING CODES THAT MAY BE CONSTRUCTION, BUT THE BEACHFRONT CONSTRUCTION IS SAYING THAT DOESN'T MEET THE DEFINITION OF THAT. SO THAT'S KIND OF YOU START AT THE 10RC 61, YOU GO DOWN TO THE 31 TAC AND THEN WE CAN MAKE AMENDMENTS CHANGES OR OUR MUNICIPALITY THAT IS SPECIFIC TO THIS. BUT THEN ONCE WE HAVE THAT, WE GO BACK TO THE DEFINITIONS AND WE DO SOME INTERPRETATION OF IS THIS MEETING DEFINITION OF THIS? IS THIS MEETING DEFINITION OF THAT? IS THIS MEETING DEFINITION OF THIS. SO THAT'S KIND OF, KIND OF KIND OF THE KIND OF THE PROCESS. OKAY. I UNDERSTAND. AND SO YOUR BEACH, YOUR BEACH ACCESS AND DUNE PROTECTION PLAN, BECAUSE I DID SEE IT SPELLED OUT IN THE TAC. RIGHT. AND SO ANY CHANGES THAT YOU MAKE TO THAT, YOU HAVE TO GO BACK TO THE GLO DISCUSS AND SAY, HEY, CAN WE REALLY DO THIS? AND THEY'RE GOING TO TELL YOU WHETHER OR NOT. SO YEAH, I'LL GIVE YOU SOME RECOMMENDATIONS, RIGHT? WE HAVE TO HAVE THESE ORDINANCES CHANGED FIRST BECAUSE THAT'S THAT'S [INAUDIBLE]. WE CAN'T GO UP THERE UNLESS THE CITY MAKES AN ORDINANCE CHANGE. THEN WE SEND UP SUPPORTING DOCUMENTATION TO THE GLO. OKAY. AND THEN WHY WE WANT TO MAKE THESE CHANGES AND THEN IT'S PUT OUT FOR PUBLIC NOTICE IN THE TEXAS REGISTER FOR 30 DAYS. OKAY. AND THAT'S WHEN THE PUBLIC NOTICE GETS HERE. WELL, I MEAN, AND THERE'S THERE'S THERE'S STEPS THROUGHOUT THE PROCESS. SO IF WE PUT OUT SOMETHING FOR AN ORDINANCE CHANGE, PEOPLE CAN CONTACT THEIR COUNCIL REPRESENTATIVE. THEY CAN COME UP HERE AND SPEAK ON IT. UM, YOU KNOW, AND THEN IT IS SENT TO GLO. IT IS PUT OUT FOR PUBLIC COMMENTS. UM, AND THEN AND THEN THE GLO COMES BACK AND THEN THEY, THEY ALLOW IT OR THEY DON'T, WE DON'T IMPLEMENT ANYTHING UNLESS THE GLO HAS LISTED AND SAID IT MEETS IT. AND YES, WE'RE GIVING THIS VARIANCE OR WE'RE ALLOWING YOU TO DO THIS OR. OKAY. THAT'S ALL RIGHT. THEY SIGNED OFF ON. GOT IT. THANKS, KYLE. COMMISSIONER HILL, WOULD YOU WOULD YOU. WOULD YOU FLOAT A TRIAL BALLOON WITH GLO? [00:40:02] I MEAN, JUST AS A AS A MATTER OF COURSE. DO Y'ALL DO Y'ALL EVER DO THAT? LIKE BEFORE? YOU WOULD, UM, YOU KNOW, BRING SOMETHING TO PLANNING COMMISSION OR BEFORE PLANNING COMMISSION WOULD LOOK AT SOMETHING AND THEN, YOU KNOW, RUN IT THROUGH AN ORDINANCE CHANGE SO IT COULD GO TO CITY COUNCIL, BLAH, BLAH, BLAH, BLAH, BLAH. WOULD YOU TALK TO YOUR PEOPLE AT THE GLO AND SAY, HEY, WHAT DO Y'ALL THINK ABOUT THIS? PLANNING COMMISSION THINKS THEY WANT TO DO BLAH, BLAH, BLAH, BLAH, BLAH. AND THEY'D SAY, OH MY GOSH, THAT'S A HORRIBLE IDEA. YOU KNOW, THOSE PEOPLE HAVE LOST THEIR MINDS. AND THEN YOU WOULD COME BACK AND YOU'D SAY, OH NO, STEVEN, I THINK THAT'S A TERRIBLE IDEA. WE NEED TO RETHINK IT AND DO SUCH AND SUCH. SO AND SO INSTEAD, WOULD YOU IS THAT SOMETHING YOU WOULD DO IS IS KIND OF RUN SOMETHING INFORMALLY BY THEM, MAYBE FIRST BEFORE WE STARTED TAKING THESE THINGS? YEAH, WE DO THAT ALL THE TIME. AND AND BRANDON AND RUSSELL, BRANDON HILL AND RUSSELL SENT UP, YOU KNOW, CHANGES TO OUR PLAN LAST YEAR FOR AS AN INFORMAL REVIEW. UM, YOU KNOW WE THE WAY THAT THE THE TAC IS WRITTEN SO ONCE WE HAVE A PLAN WE WE COORDINATE EVERY PROJECT WITH, WITH GLO, EVERY BEACHFRONT CONSTRUCTION. IT SAYS THAT WE'RE TO TAKE THEIR COMMENTS INTO CONSIDERATION. SO ONCE WE HAVE A PLAN, THEY CAN, THEY CAN COMMENT ON STUFF. BUT THERE ARE INSTANCES WHERE GLO IS JUST LIKE ANYBODY ELSE. THEY MAY THEY MAY KIND OF SAY, HEY, WE MAY NOT REALLY LIKE THIS. SO WE HAVE TO SOMETIMES PUSH BACK ON THEM BECAUSE IT MAY NOT BE IN THE REGULATIONS. IT MAY NOT BE. AND I'LL TAKE I'LL GIVE YOU AN EXAMPLE THAT WE I'LL JUST LOOKED AT A FEW. WE HAD KIND OF A PUBLIC HEARING ON THE GEO TUBE AROUND THE RIVIERA CONDOS. GLOIS NOT A FAN OF GEO TUBES AND THE PEOPLE THAT WE DEAL WITH HAVE MADE THAT PRETTY CLEAR. AND THAT WAS THE CASE THAT IT'S JUST LIKE WE NEED TO SEND THE APPLICATION UP AND IF IT DOESN'T COMPLY WITH THE NRC 61 OR TAC 31 OR OUR PLAN, THEN THEY NEED TO COME BACK AND TELL US. AND SO SOMETIMES WE WE DO TALK TO THEM, BUT SOMETIMES WE HAVE TO JUST PUSH IT BECAUSE THEY'RE HUMAN, JUST LIKE ANYBODY ELSE. THEY HAVE THEIR, YOU KNOW, PRECONCEIVED NOTIONS OR THINGS THAT THEY MAY LIKE TO SEE THERE IN AUSTIN. THEY'RE NOT THEY'RE NOT DOWN HERE. SO THEY SOMETIMES WE HAVE TO WE TALK TO THEM ALL THE TIME, BUT SOMETIMES WE DO HAVE TO KIND OF PUSH BACK SOME WITH THEM. BUT WE DO HAVE IN SOME INSTANCES, AND I CAN'T THINK OF ONE OFF THE TOP OF MY HEAD, BUT I HAVE SEEN THEM WHERE BY ORDINANCE OUR MUNICIPAL REQUIREMENTS ARE MORE STRINGENT THAN THE GLO. AND I CAN'T THINK OF ANYTHING RIGHT OFF THE TOP OF MY HEAD. BUT I DO KNOW THAT THERE ARE INSTANCES WHERE THE GLO UNDER THERE, UNDER THOSE REGULATIONS WOULD ALLOW X, BUT OUR ORDINANCE SAYS NO. SO WE DO HAVE SOME OF THAT GOING ON AS WELL. YEAH, WE THERE ARE THERE ARE THERE ARE QUITE A FEW EXAMPLES PEPPERED THROUGH OUR PLAN THAT ARE MORE RESTRICTIVE THAN THE THE THE 31 TAC. I MEAN, ONE I'LL GIVE YOU ONE EXAMPLE. YOU KNOW, THE 31 TAC ALLOWS FOR LIKE. CONCRETE OUTSIDE OF A HABITABLE STRUCTURE LIKE AT THE BOTTOM OF THE STAIRS. YOU KNOW, AT THE AT THE LANDING OF A STAIRS, THEY ALLOW LIKE A LIKE 5% OF THE OVERALL SQUARE FOOTAGE OF THE HABITABLE STRUCTURE. WE DON'T ALLOW THAT. SO WE DON'T ALLOW. SO THAT'S BY ORDINANCE. THAT'S THAT'S A ORDINANCE. YES. SO IF IT'S IN OUR IF IT'S OUR PLAN, THEN THAT'S PRETTY MUCH THE ORDINANCE IS THAT IN THE BEACH ACCESS PLAN. IT IS IN THE BEACH ACCESS. YEAH. CHAPTER 29 HAS BOTH BEACH ACCESS AND DUNE PROTECTION. SO. SO IT'S A PART. IT'S A PORTION OF THAT. YES, SIR. OKAY. THAT'S ALL I HAD. I'M JUST. THANKS. OKAY. UM, ONE OTHER QUESTION, AND I DON'T KNOW THAT IT IS IN IT PROBABLY IS JUST REALLY IN PERMITTING, BUT IT RELATES TO AN ISSUE THAT WE SAW AND HAS BEEN BROUGHT UP TO ME ABOUT THE DURATION OF CONSTRUCTION PERMITS, PARTICULARLY THAT THEY AND CORRECT ME IF I'M WRONG, BUT I DON'T KNOW THAT RESIDENTIAL CONSTRUCTION PERMITS HAVE A END DATE ON THEM. OR DO THEY MY KIND OF MY QUESTION AND IS IF THEY DON'T HAVE ONE, CAN WE PLACE ONE ON THEM FOR THE PURPOSES OF MAKING SURE THAT SOMEBODY JUST DOESN'T SLAP A CONSTRUCTION PERMIT ON THEIR BUILDING AND THEN NEVER DO ANYTHING FOR THE NEXT EIGHT YEARS? THERE WAS A CHANGE MADE A COUPLE OF YEARS AGO THAT DONNA MIGHT KNOW BETTER THAN I DO. [00:45:04] SO WE ACTUALLY HAVE A BUILDING PERMIT AND WE HAVE A BUILDING PERMIT TIMELINE. OKAY, GOOD. SO THAT WAS ENACTED ABOUT MAYBE TWO YEARS NOW. OKAY. SO FOR BOTH RESIDENTIAL AND COMMERCIAL. ONE TO DEAL WITH DORMANT PLANS AND TO ALSO ADDRESS PEOPLE'S VESTED ISSUES, VESTED RIGHTS ISSUES. BUT MORE IMPORTANTLY, THE BUILDING DEPARTMENT IN GENERAL WANTED TO ADDRESS STAGNANT DEVELOPMENT. AND SO. YOU HAVE A WHOLE. I THINK IT'S 18 MONTHS AND THEN THERE'S A REVIEW PERIOD. THEY CAN ASK FOR AN EXTENSION OF MAYBE THREE OR. I DON'T REMEMBER ALL THE MONTHS. I THINK THEY GET TWO OPPORTUNITIES. EXTEND AND THEN AFTER THAT, IT WOULD HAVE TO THE BUILDING BOARD OF ADJUSTMENT [INAUDIBLE] ADDITIONAL. AND I THINK YOU ALSO HAVE TO PAY ADDITIONAL FEES. YEAH, I'M SURE THAT'S PRETTY TYPICAL. YOUR PERMIT FEE, EVERY TIME YOU GET THIS RENEWAL. YEAH, THERE'S A COST INVOLVED. OKAY. BEACHFRONT CONSTRUCTION SINGLE FAMILY RESIDENTS HAVE A YEAR. OH, OKAY. SO THAT'S VERY CLEAR. YEAH, IT'S A YEAR. AND THEN THEY CAN HAVE UP TO TWO 90 DAY EXTENSIONS. AND IF THEY DON'T HAVE IT COMPLETED BY THAT TIME, THEN THEY ACTUALLY HAVE TO GO THROUGH THE ENTIRE PROCESS. OKAY. WE HAVE A SIMILAR THING IN OUR LANDMARK COMMISSION APPROVALS. IF YOU DON'T START YOUR PROJECT WITHIN X PERIOD OF TIME, I THINK WE GIVE HIM TWO YEARS, THEN IT EXPIRES. SO ON OUR MY FAVORITE SUBJECT OF PLANNING. REAL QUICKLY, IS THERE SOME SORT OF LIKE RECORD PLAN OR SOME SORT OF RECORD PLAN DOCUMENT THAT THE DEVELOPER OR APPLICANT HAS TO PROVIDE THAT STATES OKAY FOR THIS PARTICULAR PUD OR PLAN OR WHATEVER? THIS IS WHAT THE ANTICIPATED DEVELOPMENT IS IN TERMS OF THE OVERALL SQUARE FOOTAGE, IMPERVIOUS AREA AND THAT HAS TO BE RECORDED AT THE CITY. IS THAT PART OF THE PLANNING PROCESS? NOT PLATTING. PLATTING IS JUST WHERE YOUR PROPERTY LINE. RIGHT. LINES ON A MAP, BUT A PUD. YES. A PUD HAS TO BE ACCOMPANIED BY THE PUD PLAN, AND THE REQUIREMENTS OF THE POD PLAN ARE LISTED IN CHAPTER FOUR, ARTICLE FOUR. AND YOU'LL HAVE SEEN THOSE IN THE PAST, AND IT SPELLS OUT EVERY ASPECT OF THE DEVELOPMENT. OKAY. AND THAT'S INCORPORATED INTO THE ORDINANCE. INCORPORATED [INAUDIBLE]. OKAY. GOT IT? YEAH, IT'S MOSTLY. YEAH, REALLY. OKAY. MY LAST QUESTION. OKAY. YEAH, THAT WAS IT. THAT WAS MY LAST QUESTION. SO. AND THAT'S BECAUSE THE PUD IS THE. THINK OF NOW WHAT WORD I WAS GOING TO USE. BUT THAT'S BECAUSE THE PUD IS LAYING OUT THE THE CHANGES OR THE WHAT WHAT IS GOING TO BE DIFFERENT LIKE LIKE, FOR INSTANCE, THE HOUSE THAT WE THE HOUSES IN THE NEIGHBORHOOD THAT WE SAW THE FRONT WAS GOING TO BE SHORTER THAN WHAT IS WHAT IS IN THE LDRS. YEAH. SO WE CALL THAT IN LANGUAGE DEVIATION. DEVIATION THAT'S THE WORD I WAS LOOKING FOR. THANK YOU. SOMETIMES IT'S CALLED VARIANCES AND COMPLIANCE. THE TERM WE USE FOR PUD IS DEVIATION. AND BECAUSE IN A PLAT YOU WON'T SEE ANY DEVIATIONS UNLESS THERE'S A PUD ON A PLAT, RIGHT? YEAH, THERE ARE TWO REASONS TO DO A POD. YOU WANT TO DEVIATE FROM THE LAND DEVELOPMENT REGULATIONS OR YOU WANT A PRIVATE STREET. SO THE LAND DEVELOPMENT REGULATIONS SAY SPECIFICALLY IF YOU'RE DOING A PRIVATE STREET, YOU HAVE TO HAVE A [INAUDIBLE]. YOU COULD SEE A PUD IF THE ONLY REQUEST IS WE'D LIKE A PRIVATE STREET. [INAUDIBLE] ANY OTHER QUESTIONS FOR STAFF? THAT'S GREAT. SO I'VE GOT I'VE GOT THREE LITTLE NOTES THAT I'LL EMAIL TO YOU, CATHERINE THAT I THINK WOULD BE GOOD TO TALK TO OUR EX OFFICIO ABOUT MOVING FORWARD FOR CONSIDERATION. ADDITIONAL STUDY AND WORKSHOP. SOUNDS GOOD. ANY OTHER. THAT'S IT. OH, THERE WE GO. [00:50:24] IN EAST TEXAS WE CALL IN EAST TEXAS PORK IS CALLED [INAUDIBLE]. ALL RIGHT. THAT BEING ALL, WE'LL GO AHEAD AND ADJOURN THE WORKSHOP. WE'LL RECONVENE HERE AT 3:30 FOR THE REGULAR MEETING. THANK YOU. ALL RIGHT. * This transcript was compiled from uncorrected Closed Captioning.