Feb 06, 2024 Planning Commission

AND THEN PHOTOGRAPHS OF THE SUBJECT PROPERTY.

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AND THAT CONCLUDES STAFF'S REPORT.

ALL RIGHT. THANK YOU, CATHERINE.

ANY QUESTIONS FOR STAFF? I HAVE TWO QUESTIONS.

CERTAINLY.

AND SO, WE'RE SEEING QUITE A FEW OF THESE PODS AND WITH DEVIATIONS.

AND I KNOW THAT PLANNING IS IN YOU'RE IN A TOUGH POSITION.

IT'S EITHER WE'RE TOO RESTRICTIVE OR WE'RE NOT RESTRICTIVE ENOUGH.

AND SO, I UNDERSTAND YOU, YOU KNOW, YOU GUYS HAVE TO PLAY THAT BALANCE.

I HAVE A PRETTY GOOD UNDERSTANDING OF HOW THE PROCESS WORKS.

BUT I DO THINK IT WHEN WE SEE THESE, I DO THINK THAT THE GENERAL PUBLIC COULD EASILY LOOK AT THIS AND GO, WELL, THE PLANNING DEPARTMENT JUST APPROVES ANYTHING THAT COMES BY.

SO, CAN YOU GIVE US, AS IN A SHORT VERSION OF KIND OF HOW THAT PROCESS WORKS? SO, AND HOW THESE PROJECTS GET TO WHERE THEY COME TO PLANNING WITH DEVIATIONS WITH, WITH AN APPROVAL. DO YOU UNDERSTAND WHAT I'M ASKING? I THINK I BELIEVE I DO.

OKAY. SO, FROM THE PERSPECTIVE OF ANY APPLICANT PROPOSAL, THE CITY BASICALLY RESPONDS TO WHAT THE APPLICANT PRESENTS, THAT IS TYPICALLY DONE AFTER A SERIES OF PREDEVELOPMENT MEETINGS, IN WHICH THERE'S JUST, YOU KNOW, DISCUSSION, SOMEWHAT INFORMAL, ABOUT THE PROJECT.

AND THEN, OF COURSE, THERE'S A DISCUSSION ABOUT THE FORMAL PROCESS, WHICH, OF COURSE, WE'RE BEGINNING NOW.

AND A PUD AS A CONCEPT IS BASICALLY, IT'S A DEVIATION FROM OUR LAND DEVELOPMENT REGULATIONS, OTHERWISE KNOWN AS ZONING ORDINANCES IN MANY CITIES THAT DEALS WITH, THE NUANCES OF PARTICULAR PROJECTS AND HOW THEY MIGHT DEVIATE FROM CERTAIN STANDARDS.

AND WHAT THE APPLICANT WOULD BE COMMITTING TO PROVIDE IN LIEU OF SOME OF THOSE THINGS THAT THEY MAY NOT BE ABLE TO MEET OTHERWISE.

OR THAT THEIR APPLICATION, YOU KNOW, DOESN'T MEET.

SO, THE PUD IS IN THAT CONTEXT, IT'S REALLY SORT OF CONDITIONED UPON SEVERAL THINGS.

NUMBER ONE BEING THE ALL THE THINGS THAT ARE COMMITTED TO IN THEIR PUD NARRATIVE, ALL OTHER PERMITS REQUIRED AS PART OF A PROCESS.

SO OBVIOUSLY WE'RE TALKING ABOUT A PLANNED DEVELOPMENT, WHICH IS SORT OF THE FIRST STEP IN THAT PROCESS, PLANNED UNIT DEVELOPMENT.

AND IT'S CONCEPTUAL, BUT IT HAS ENOUGH, STRINGS ATTACHED TO IT, SO TO SPEAK, THAT, THAT, YOU KNOW, THAT THE DEVELOPER HAS TO, HAS TO DO CERTAIN THINGS. AND IN EXCHANGE, THEY REQUEST DEVIATION FROM CERTAIN THINGS.

AND OBVIOUSLY, STAFF, YOU KNOW, OUR JOB IS TO ENFORCE THESE ORDINANCES AND MAKE SURE THAT THEY'RE, UP TO SPEED. BUT, IN ANY CASE, THAT THAT'S THE WHOLE PURPOSE OF A PUD IS TO WHEN YOU GET TO A POINT WHERE, YOU KNOW, THERE'S SOMETHING BEING REQUESTED THAT DOESN'T MEET THE STANDARDS OF THE CITY'S, GUIDELINES.

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LDR RATHER, TO RECOMMEND THAT OR TO SUBMIT THAT AS WHAT THEY WOULD LIKE TO DO.

AND SO, WE, WE GENERALLY LOOK AT THESE THINGS AS IS IT, YOU KNOW, IS THE CITY GETTING BACK SOME, YOU KNOW, BENEFITS THAT WOULD BENEFIT THE COMMUNITY IN EXCHANGE FOR GIVING UP OTHER, OTHER THINGS THAT THE ZONING ORDINANCE OTHERWISE CONTEMPLATES AS THE GENERAL RULE FOR A PUD.

AND THEN, OF COURSE, THERE'S MANY OTHER STEPS YET TO GO.

THERE'S THE PERMITTING PROCESS.

THE PUDS ALSO GO THROUGH GO THROUGH CITY COUNCIL AFTER YOU.

AND IN THIS CASE, WE'RE RIGHT ON THE BEACHFRONT.

SO, THERE'S A BEACH CERTIFICATE REQUIRED.

RIGHT. AND, AND IRONICALLY, WE HAVE, SOME THINGS HAPPENING RIGHT IN THAT VICINITY, WITH REGARD TO OTHER AMENDMENTS THAT ARE BEING PROCESSED RIGHT NOW THROUGH THE GLO.

THE GLO REALLY WON'T ALLOW MULTIPLE AMENDMENTS GOING THROUGH AT THE SAME TIME.

SO, THERE IS ADMITTEDLY GOING TO BE A DELAY IN THIS APPLICANT'S ABILITY TO OBTAIN THAT BEACHFRONT CERTIFICATE.

BUT IT'S NOT TO SAY THAT THEY COULDN'T, YOU KNOW, PROCEED FORWARD WITH CERTAIN THINGS, LIKE PERHAPS CREATING THE DUNES THAT THEY THAT THEY WILL NEED BEFORE THEY HAVE SOME OF THOSE MEASUREMENTS TAKEN IN THEIR, IN THEIR SURVEYS.

SO, YOU KNOW, IT'S ALL SORT OF A, IT'S A PROCESS THAT HAS SEVERAL ARMS TO IT, SO TO SPEAK.

BUT YOU KNOW, THOSE THAT THAT'S ALL SORT OF TAKEN ON IN STAGES.

I MEAN, IT'S COMPREHENSIVE PROCESS, BUT IT'S, IT'S TAKEN ON, YOU KNOW, SORT OF ONE STEP AT A TIME.

THIS IS REALLY THE FIRST STEP.

WOULD IT BE A FAIR STATEMENT TO SAY THAT WHEN WE SEE THESE AND THEY COME TO US WITH A STAFF RECOMMENDATION, THAT THAT RECOMMENDATION. A LOT OF THE REASON IT COMES WITH A RECOMMENDATION FOR APPROVAL IS BECAUSE IT'S KIND OF CHECKS THE BOX.

EVEN THOUGH THERE'S DEVIATIONS, THOSE DEVIATIONS ARE PERMITTED WITHIN THE REQUEST.

SO THAT WOULD BE, YOU KNOW, WELL, A BOX THAT'S CHECKED.

I WOULDN'T GO THAT FAR.

IT'S NOT QUITE IT'S NOT CHECKING THE BOX.

SO, THERE ARE ADMITTEDLY THINGS THAT DO NOT COMPLY WITH CODE HERE.

AND, AND I KNOW THE APPLICANT WILL, ENJOY IT, AN OPPORTUNITY TO DISCUSS THAT WITH YOU.

BUT BUT FROM THE STANDPOINT OF OUR PERSPECTIVE, YOU KNOW, GENERALLY SPEAKING, THIS IS AN AREA OF TOWN THAT HAS MID-RISE STRUCTURES IN IT.

AND THERE ARE TWO OF THOSE ON EITHER SIDE.

THERE'S ONE THAT'S, HAS A PUD, APPROVAL ALREADY, AND THEY'RE WORKING TOWARD PERMITTING.

THAT'S ABOUT THE SAME HEIGHT AS THIS ONE IS PROPOSED TO BE.

SO, IT'S JUST SORT OF A, YOU KNOW, IT'S ALSO IN RECOGNITION OF SORT OF THE OF THOSE FOUR TRACKS AT THE END OF THE SEAWALL, YOU KNOW, WE'VE GOT DEVELOPMENT PROPOSALS ON.

WELL, TWO OF THEM ARE DEVELOPED AND ONE OTHER HAS A DEVELOPMENT PROPOSAL AND THEN THIS PROPOSAL.

SO, THERE'S SOME SORT OF, YOU KNOW, RECOGNITION OF CONSISTENCY OF THE OVERALL DEVELOPMENT TYPE IN THIS CASE.

YEAH, THE USE IS NOT.

SO, I WOULD JUST, IT'S MORE OF A PERCEPTION ISSUE OF WE SEE THESE AND IT'S A PERCEPTION OF THE PUBLIC THAT SAYS, HEY, THESE GUYS ARE PUTTING IN A APPROVAL RECOMMENDATION ON ANYTHING THAT COMES THROUGH HERE.

AND THERE'S I JUST WANT TO MAKE SURE THAT THERE'S SOME CLARIFICATION THAT IT IS.

A TEDIOUS PROCESS.

SO, ANOTHER QUESTION AND I DON'T KNOW IF THIS IS A CALL QUESTION OR A NEW QUESTION, BUT, YOU KNOW, THEY DON'T.

IT CLEARLY STATES THAT THEY'RE GOING TO HAVE TO.

THERE'S NOT A CLEAR PATH FOR THEIR ABILITY TO GET THIS CONSTRUCT DUNE CONSTRUCTION PERMIT.

AND I KNOW THIS HAS KIND OF BEEN GOING ON WITH THE PROJECT NEXT DOOR.

GRANTED, WE'RE DISCUSSING THIS PROJECT, BUT THE FACT THAT THESE GUYS ARE KIND OF TRYING TO DO THE SAME THING NEXT DOOR GO A LITTLE BIT HAND IN HAND. CAN YOU GIVE US SOME IDEA AS TO WHERE YOU GUYS ARE IN THAT PROCESS? AND, YOU KNOW, I HATE TO SPEND THE TIME TO APPROVE A PUD PLAN.

WHEN THESE GUYS ARE UP AGAINST A WALL THAT THEY'RE NOT GOING TO BE ABLE TO CLIMB.

SO, CAN YOU KIND OF GIVE US A LITTLE UPDATE ON THAT? THAT'S A GOOD POINT.

HOWEVER, WHEN THEY APPLY, YOU KNOW, THE CITY IS, IS REQUIRED TO REACT TO THAT APPLICATION.

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SO, NOT IN THE PUD SENSE, BUT IN THE PERMIT SENSE.

SO, IT'S WHERE WE ARE IN THE PROCESS.

I PROBABLY LET KYLE TELL YOU WHERE WE ARE.

I KNOW WE'VE MADE SOME CONSIDERABLE PROGRESS WITH THE PROJECT NEXT DOOR.

AND I KNOW THAT'S NOT NECESSARILY THIS MEETING AGENDA HERE, BUT, WHERE WE ARE ON THAT AMENDMENT, AS THAT AMENDMENT AFFECTS THIS APPLICANT'S ABILITY TO AMEND. AND THAT'S KIND OF WHERE I'M AT.

AND IT IS, I WOULD AGREE, IS IT IS A LITTLE BIT OF WHAT CAME FIRST, THE CHICKEN OR THE EGG.

YEAH. I CAN CERTAINLY SEE WHERE THE APPLICANT WOULD NOT WANT TO GO SPEND A LOT OF THEIR TIME AND RESOURCES WHEN THEY, YOU KNOW, NEED TO KNOW THAT THEY'VE GOT AN APPROVAL TO BEGIN WITH. SO, I UNDERSTAND THAT, BUT I WOULD LIKE TO GET SOME IDEA WHERE WE ARE.

SURE. BECAUSE IT DOES AFFECT BOTH OF THOSE PROPERTIES.

SO THE ONE NEXT DOOR IS DIFFERENT AND THAT'S NOT ON OUR AGENDA.

BUT THERE SOME SIMILARITIES.

SO THAT'S REALLY WHAT I'M JUST TRYING TO SO THE PROPERTY NEXT DOOR, YOU KNOW WE'RE STILL WORKING WITH THE, WITH THE GLO ON THEIR VARIANCE.

WE'VE BEEN GOING BACK AND FORTH WITH THEM, SINCE WE SUBMITTED UP THE FIRST, AMENDMENT REQUEST BACK LAST JUNE.

THE APPLICANT ACTUALLY WENT OUT THERE AND CONSTRUCTED A DUNE.

SO IN NOVEMBER, WE SENT UP SOME ADDITIONAL INFORMATION TO THE GLOW ON THE, ON THE ADJACENT PROPERTY AND, YOU KNOW, CONSTRUCTING THE DUNE AND, SOME OTHER JUSTIFICATIONS THAT WE HAD TO ADDRESS FROM THE AUGUST LETTER.

WE'RE MOVING FORWARD. I THINK WE'VE ADDRESSED MOST OF THOSE.

IT STILL NEEDS TO GO OUT FOR PUBLIC COMMENT FROM THE FROM THE GENERAL LAND OFFICE.

IF THIS PROJECT MOVED FORWARD, THIS APPLICANT WOULD ALSO BE REQUIRED TO CONSTRUCT A DUNE BECAUSE THEY'RE AN ENHANCED CONSTRUCTION ZONE.

SO, YOU KNOW, LEARNING FROM THE OTHER ONE, POSSIBLY HAVE THAT CONSTRUCTED BEFORE, WE ASKED FOR A VARIANCE OR ANYTHING LIKE THAT BECAUSE, YOU KNOW, AS THE PROCESS WAS OUTLINED WITH THE, WITH THE LAST VARIANCES, IT WILL COME TO IT WILL, YOU KNOW, ANY VARIANCE FOR OUR PLAN WILL COME TO THE PLANNING COMMISSION, PUBLIC COMMENT.

AND THEN IT WOULD GO TO THE, TO THE CITY COUNCIL WITH Y'ALL'S RECOMMENDATION, AND TO VOTE ON THE ORDINANCE.

AND THEN WE WOULD SEND THAT INFORMATION UP TO THE GENERAL LAND OFFICE.

THERE'RE ALSO SOME THINGS HAPPENING ON THE WEST END, OF THE SEAWALL.

THERE IS MAJOR BEACH NOURISHMENT PROJECTS THAT THE CITY IS WORKING WITH, WITH THE PARK BOARD, THE GENERAL LAND OFFICE, AND THE CORPS OF ENGINEERS TO DO, MAJOR BEACH NOURISHMENT IN 2025 FROM THE END OF THE SEAWALL OUT TO 13 MILE ROAD.

SO. WELL, IT'S I THINK THERE'S SOME RELEVANCY BETWEEN WHAT I MEAN.

MY I MEAN, IT RAISES A QUESTION FOR ME, SIR, IN THAT HOW ARE THESE GUYS GOING TO SCALE THE WALL WHEN WE HAVE WE DON'T EVEN KNOW IF THIS CAN BE DONE. AND IT'S SOME ONGOING WORK THAT'S BEING DONE.

NOW. WHAT'S GOING ON WAY OUT THERE? YEAH, MAYBE, BUT IF YOU DON'T MIND, I'D LIKE A LITTLE LEEWAY ON THIS.

JUST. IF HE COULD ANSWER, FINISH ANSWERING THE QUESTION.

THANK YOU. YEAH. SO, THERE'S STUFF THERE'S STUFF GOING ON OUT THERE AND THERE WILL BE REQUIREMENTS, LIKE I SAID, FOR THE FOR THE APPLICANT.

AND IT WILL BE COMING BACK IN FRONT OF YOU AND THE AND THE CITY COUNCIL FOR ANY VARIANCE.

OKAY. SO, THE PUBLIC WOULD, WOULD HAVE A, SO IT'S ONCE AGAIN IT'S JUST A PART OF THE OF THE PROCESS.

WE'RE AT STEP ONE OKAY.

ANY OTHER QUESTIONS FOR STAFF I DO AT WHAT POINT DOES THE FAA GET BECAUSE OF THE PROXIMITY TO THE AIRPORT AND WHAT POINT DO THEY COME IN THE AIRPORT? DIRECTOR HAS REVIEWED AND HAS SAID THAT HE HAS NO.

OH, THERE IT IS. OKAY. THERE IS A FORMAL PROCESS THAT HAPPENS WITH THE FAA AND THAT WILL HAVE TO TAKE PLACE BEFORE THE BUILDING PERMIT, BUT IT'S A SET NUMBER THAT THE MAXIMUM HEIGHT IS AND THEY'RE UNDER IT.

ALL RIGHT. ANY OTHER QUESTIONS? I HAVE. SORRY, I HAVE ANOTHER ONE.

AND THIS HAS TO DO WITH MORE.

WITH DENSITY. THERE'S THERE ARE NO DENSITY RESTRICTIONS OR REQUIREMENTS IN.

THIS ZONE IN OR IS THERE ANY? THERE ARE NOT.

IT'S CALLED THE HIGH-DENSITY DEVELOPMENT ZONE.

BUT THE DENSITY IN THAT CASE REFERS MOSTLY JUST TO BUILDING MASSING AND SCALE.

SO, IT DOESN'T HAVE ANYTHING ABOUT NUMBER OF UNITS.

OKAY. BUT WOULD IT BE FAIR TO SAY THAT THE WAY THAT THAT IS ALL SET UP EVERY TIME YOU IT'S LIKE A STACK OF DOMINOES

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SO, LET'S JUST AND I'M JUST PICKING SOME EXAMPLES HERE WHEN YOU DO AWAY WITH.

OPEN SPACE AS A REQUIREMENT THAT GRANTED, THAT WOULD INCREASE THE AMOUNT OF DENSITY WITHIN THIS ZONE.

IF YOU CHANGE THE FA, THAT CHANGES THAT.

SO EVEN THOUGH WE REALLY DON'T HAVE A DENSITY NUMBER, WOULDN'T ALL THOSE THINGS COMBINED KIND OF CREATE SOME LIMITATIONS ON DENSITY? WOULD THAT BE A FAIR STATEMENT? YEAH, ABSOLUTELY. I MEAN, THEY'RE NOT THEY'RE NOT DENSITY, AS CATHERINE MENTIONED.

THEY'RE NOT DENSITY IN THE TERMS OF UNITS PER ACRE, BUT THEY ARE A MEASURE OF DENSITY.

AND IT'S REALLY A SQUARE FOOT SORT OF NUMBER.

AND YOUR OPEN SPACE RUNS SORT OF PARALLEL TO, YOU KNOW, BUILDING SETBACKS.

THOSE THINGS THEY ALL, HAVE A STANDARD.

AND I KNOW THAT THE STANDARDS ARE DIFFERENT, BETWEEN THIS UNIT AND THE ONE NEXT DOOR, BECAUSE THEY'RE DIFFERENT ZONES, THEY'RE SLIGHTLY DIFFERENT.

I UNDERSTAND THE BUILDING SETBACKS, FOR EXAMPLE, ARE GREATER HERE, WHICH WOULD BE EVEN MORE DIFFERENT FROM THE ONES THAT ARE IN A DIFFERENT HDZ OR WHATEVER THAT ARE FURTHER EAST.

SO, THEY ALL KIND OF HAVE SET PARAMETERS, EVEN THOUGH THERE'S NO DENSITY REQUIREMENT THE WAY THAT THOSE HAVE KIND OF WERE SET UP FROM A PLANNING PERSPECTIVE, IT DID.

THERE'S STILL A PARAMETER.

YEAH. I MEAN, AND IT'S A MEASURABLE PARAMETER THAT WE WILL, YOU KNOW, REQUIRE EVIDENCE OF WHILE WE'RE DOING OUR REVIEW.

OKAY. FAIR ENOUGH.

THANK YOU. ALL RIGHT.

ANY OTHER QUESTIONS? YES. THE CURRENT HEIGHT LIMIT IS 105.

IS THAT CORRECT? I BELIEVE THAT'S CORRECT, YES.

YES THAT'S CORRECT.

OKAY, BUT YOU SAID THAT THE AIRPORT HAS INDICATED THAT THE 155 IS OKAY.

THAT MEETS THEIR STANDARDS. YES.

OKAY. ALL RIGHT. THANK YOU.

DO WE HAVE A WRITTEN RESPONSE FROM THE AIRPORT OR.

IT WAS JUST IT WAS A NO OBJECTION.

IT'S A NO OBJECTION. IT'S A WRITTEN RESPONSE AND A FORM OF AN EMAIL.

BUT THERE WILL BE A FORMAL PROCESS THEY DO WITH THE FAA THAT COMES BEFORE THE PERMIT.

UNDERSTOOD. OKAY.

ANYBODY ELSE? GO AHEAD. YES, MA'AM. SO, I'M LOOKING AT THE TXDOT'S LETTER.

HOW DOES THAT IMPACT THEM? IF THE WEST DRIVEWAY, WAS DENIED? IT'S PROBABLY A BETTER QUESTION FOR THE APPLICANT.

WHEN THEY GET UP, I'LL HOLD FOR THE APPLICANT.

ALL RIGHT. I HAVE A QUESTION.

I KNOW THAT WITH A SIMILAR CASE, THE FEMA REVIEW PROCESS WAS SOMETHING THAT WAS BROUGHT UP.

DOES IS THIS SOMETHING THAT GETS REVIEWED BY FEMA BY IS THIS HAS AT WHAT POINT DOES THAT COME IN? WELL, WHEN PEOPLE SAY FEMA, THEY OFTEN MEAN FLOODPLAIN REGULATIONS.

OKAY. YES, IT WILL BE REVIEWED BY OUR CITY FLOODPLAIN ADMINISTRATOR WHO HAS REVIEWED THE PROPOSAL ALREADY.

IT DIDN'T HAVE ANY OBJECTIONS, BUT SHE'LL DO HER FORMAL REVIEW DURING THE BUILDING PERMIT.

ALL RIGHT. ANYBODY ELSE? OKAY, THEN WE'LL OPEN THE PUBLIC HEARING.

AND IS THE APPLICANT PRESENT? YES, MA'AM. OR YOU GUYS WANT TO COME FORWARD AND KIND OF TELL US WHAT, WHAT YOU GUYS GOT GOING ON? WE GOT LOTS OF QUESTIONS.

GOOD AFTERNOON.

MY NAME IS PATTY KNUDSEN JOYNER.

MY COMPANY NAME IS KNUDSEN, AND WE REPRESENT THE APPLICANT.

I'D LIKE TO INTRODUCE GALEN DREW KOHLENBERGER, WHO IS THE OWNER AND DEVELOPER FOR THE PROPOSED PROJECT, ANDREW LANGDON, WHO'S OUR ARCHITECT, AND DAVID BARNHART, WHO IS OUR STRUCTURAL ARCHITECT.

AND WE WANT TO THANK EVERYBODY FOR ALL THE TIME AND THE PREDEVELOPMENT MEETINGS WE'VE HAD.

AND I'D LIKE TO, JUST OPEN WITH AND THANK YOU, TIM, FOR GOING OVER THE CONDITIONS OF THE PUD PROCESS.

I KNOW IT'S DIFFICULT SOMETIMES FOR PEOPLE TO UNDERSTAND WHY YOU HAVE AN LDR, AND THEN YOU STILL HAVE A PUD, BUT IT IS PRETTY COMMON NOT JUST IN TEXAS, BUT IT'S PRETTY COMMON IN THE UNITED STATES, TO USE A PLANNED UNIT DEVELOPMENT PROCESS TO MITIGATE ANY IMPACTS OF THE DEVIATIONS THAT THE APPLICANTS ARE REQUESTING. IN OUR CASE, AS I WAS LISTENING TO THE QUESTIONS, ONE OF THE THINGS, THAT WE'RE ALSO MIXING IN TEXAS IS WE HAVE A

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AND FOR EXAMPLE, SO SOME OF THE COMMENTS THAT WE HEARD THAT WE LOOKED AT, EARLIER TODAY, RESIDENTS ARE CONCERNED THAT WE HAVE, A DEVIATION OF A ZERO-FOOT SETBACK ON 305.

WE ARE DOING THAT FROM A PLATTING STANDPOINT.

WE'RE NOT ASKING FOR IT BECAUSE WE'RE GOING TO BUILD A ZERO.

WE'RE ACTUALLY 70FT FROM 305 RIGHT-OF-WAY.

BUT IT JUST WHEN YOU HAVE PLATS AND YOU PUT SETBACKS ON THINGS, YOU HAVE TO REPLAT.

AND THEN BECAUSE WE'RE GOING TO BE A CONDO, WHEN YOU REPLAT A CONDO, ALL THE OWNERS OF THE CONDO HAVE TO SIGN THE PLAT.

SO, IT CREATES, WE'RE TRYING TO THINK OUT IN THE FUTURE, WHAT DO WE REALLY NEED? AND SO, WE'VE TRIED TO IDENTIFY THE DEVIATIONS BASED ON FUTURE, APPROVALS THAT THE CITY MAY HAVE, GOING FORWARD.

BUT THERE'S SOME THINGS HERE THAT WE CAN LIVE WITH.

IT'S JUST THAT WE DON'T WANT TO HAVE A RANDOM PLAT REQUIREMENT WHEN ZERO IS ALLOWED, BUT WE'RE ACTUALLY GOING TO BE 70FT BACK.

OTHERS SIMILAR, THINGS THAT WE'VE ASKED FOR MITIGATION ON.

WE WANT TO SCREEN THE PROPERTY.

WE'RE IN THE BEGINNING OF OUR PUD PROCESS.

AND AS TIM EXPLAINED, IT'S A VERY LENGTHY PROCESS.

SO, SOME OF THE IMPROVEMENTS AND SOME OF THE DETAILS OF THE DESIGN ARE NOT SOMETHING THAT WE CAN TELL YOU TODAY HOW WE'RE GOING TO SCREEN A GREEN SCREEN, WHAT IS IT GOING TO LOOK LIKE. BUT WE DO PLAN TO DO THOSE THINGS.

ON THE DEVIATION ON THE RIGHT OF WAY.

I MEAN, THE OPEN SPACE, MR. WALLA IS, WE CAN'T COUNT OUR DUNE RESTORATION IN OPEN SPACE.

BUT LIKE I SAID, WE HAVE A 70-FOOT SETBACK ON THE FRONT.

WE HAVE OUR DUNES.

THAT THAT. AND ACTUALLY, I'LL LET DREW EXPLAIN.

HE ACTUALLY HAS A FOUNDATION THAT HE'S CREATED FOR WETLAND RESTORATION AND SO FORTH AND HIS OTHER PROJECTS.

SO, WE WANT TO DO SOMETHING SIMILAR HERE, WHICH IS WHY WE'VE BEEN OFFERING FOR MITIGATION SO MUCH OF THE GREEN IMPROVEMENTS ON THE BIRD GLAZING, THE GREEN GLASS TO KEEP THE ENERGY COEFFICIENTS IN CHECK.

SO, WE'RE TRYING TO OFFSET THINGS THAT WE THINK ARE IMPORTANT TO THE ISLAND.

AND BY THE WAY, I'M A 20 YEAR RESIDENT OF GALVESTON AND BEEN DOWN HERE BOTH ON THE WEST END AND THE EAST END NOW.

SO, I APPRECIATE THE CONCERN OF THE OF THE COMMISSION AND THE COUNCIL ON HOW OUR ISLAND IS DEVELOPED, BECAUSE IT'S VERY PRECIOUS TO ALL OF US.

BUT THOSE ARE SOME EXAMPLES OF WHAT WE'RE MITIGATING AND HOW WE'RE DOING IT.

AND WE'RE GLAD TO WORK WITH THE COMMISSION AND THE CITY COUNCIL AND THE STAFF TO DEVELOP THESE DETAILS AS WE GO THROUGH THIS YEAR LONG PROCESS TO GET TO THE GLOW AND GET TO THAT APPROVAL.

OKAY. ANY QUESTIONS FOR THE APPLICANT? YES, I HAD A QUESTION.

YES, MA'AM. OH, I LEFT MY MIC ON, Y'ALL.

YOU WERE, I KNOW, GOOD THING I WASN'T WHISPERING UNDER MY BREATH, RIGHT? SO, I GUESS MY FIRST QUESTION IS ABOUT THE TEXTILE LETTER.

SO, COULD YOU GIVE US A LITTLE DETAIL ABOUT THAT EXPLANATION ON THAT? OUR INITIAL REQUEST WAS TO HAVE TWO DRIVEWAYS.

WE WERE GOING TO HAVE A DRIVEWAY ON THE WESTERN SIDE OF THE PROPERTY.

AND BECAUSE OF THE DRIVEWAY SPACING FOR TXDOT, THEY THINK THOSE ARE TOO CLOSE TOGETHER.

SO, THEY APPROVED ONE DRIVEWAY.

SO THAT'S WHY WE'RE PROPOSING A JOINT DRIVEWAY WITH TIERRA, WHICH IS ALSO AT THE MEDIAN, THE ESPLANADE OPENING OF 3005.

SO, WE'RE IF WE DON'T HAVE ANY DRIVEWAY, WE WON'T HAVE ACCESS.

SO, TXDOT CONTROLS ZERO FIVE.

AND SO, THEY'VE APPROVED US FOR THAT EASTERN DRIVEWAY.

I HAVE ANOTHER QUESTION. BUT IT LOST.

I LOST IT IN THE CONVERSATION.

OH. I'M SORRY. NO.

THAT'S OKAY. NO, NO, I'LL GET BACK TO.

SO, THE 70 FOOT THAT YOU'RE TALKING ABOUT INCORPORATES THE PARKING GARAGE STRUCTURE.

IT'S. YES, IT'S WHERE THE RAMP STARTS.

WHO'S DRIVING THE POWERPOINT? IF WE COULD GO TO THE.

OKAY. CAN WE JUST IN THE IMAGES HERE.

SO THAT'S THE PART OF YOUR STRUCTURE RIGHT THERE, THE GARAGE.

YEAH. AND THEN.

DAVE. YEAH. OKAY.

SO. THE ONE-STORY PARKING GARAGE ROOF DECK CENTRAL PLAN ON THE ROOF DECK ON THE LEFT, BUT THAT WALL IS 70FT FROM THE PAVING OF 305.

OKAY, SO THE RAMP IS IN FRONT OF THAT, BUT THE EDGE OF THAT RAMP IS RIGHT ON RIGHT ON THE RIGHT OF WAY.

SETBACK LINE. THAT'S RIGHT ON IT.

OKAY. THANK YOU.

BUT THAT BRINGS A QUESTION TO ME.

SO, WE'RE THE IN THIS TOP PICTURE WHERE YOU HAVE THE PALM TREES IN FRONT OF THE BUILDING.

THE RETAINING WALL. THE RAMP.

ACTUALLY, YEAH. IT WOULD BE IN FRONT OF THE IN FRONT OF THE RAMP.

[00:25:05]

THAT'S A GOOD OBSERVATION YOU JUST MADE BECAUSE THE, THE THAT IS LIKE AN ARTISTIC RENDERING THAT DID NOT TAKE INTO ACCOUNT THAT WE CAN'T PUT PALM TREES IN THE RIGHT OF WAY.

THAT'S RIGHT. SO THAT THAT WAS OUR ARTISTIC LIBERTIES WERE GOING TO DO ANY KIND OF LANDSCAPING THERE.

YOU REALLY DON'T HAVE ANY ROOM TO PUT IT BECAUSE YOU HAVE NOTHING THE RIGHT WAY.

YEAH. WE CAN'T DO IT.

SO, THE WAY IT'S AND JUST TO BE CLEAR, THAT IS I WANT TO BRING IT UP WHILE HE'S LOOKING AT IT.

WE'LL GET BACK TO THIS LATER.

BECAUSE WHAT I'D LIKE TO DO IS I'M SURE WE HAVE A BUNCH OF FOLKS HERE THAT WANT TO SPEAK TO THIS, AND I KNOW THAT WE ALL HAVE SOME MORE QUESTIONS AND WE CAN DO SOME MORE NOW, BUT.

I'D LIKE TO GET THE PUBLIC TO COMMENT AND THEN HAVE YOU GUYS COME BACK FORWARD.

AND THAT WAY YOU CAN ANSWER OUR QUESTIONS.

AND THEN THE COMMENTS THAT WE GET FROM THE PUBLIC, WE YOU GUYS WOULD HAVE AN OPPORTUNITY TO RESPOND TO SOME OF THEIR CONCERNS.

SO, I THINK THAT MIGHT BE A LITTLE MORE, PRODUCTIVE.

WOULD THAT BE OKAY WITH THE COMMISSIONERS? OKAY. SO, IF YOU GUYS DON'T MIND, WE'LL WE'RE GOING TO DO THAT.

WE'LL HAVE YOU GUYS COME BACK UP.

BUT MA'AM.

THAT WE GET THEM SIGNED IN WHEN THEY COME BACK.

SO, GOOD OBSERVATION THERE.

I'M SLACKING.

ALL RIGHT, SO I'LL TELL YOU WHAT.

YEAH, I'M WAITING FOR A THUMP ON THE BACK OF THE HEAD NEXT.

SO THAT'S OKAY.

YEAH. ALL RIGHT, SO IF YOU'RE HERE TO SPEAK ON THIS ITEM, WE'RE GOING TO START ON THIS SIDE OF THE ROOM.

AND WE'RE GOING TO START IN THE FRONT ROWS.

IF YOU WOULD YOU COME FORWARD.

WE'RE GOING TO ASK YOU TO STATE YOUR NAME SIGN IN.

AND PLEASE LIMIT YOUR COMMENTS TO THREE MINUTES.

IT ALL MATTERS.

BUT WE DO HAVE TO KEEP A LIMIT TO THREE MINUTES.

SO. CONTESTANT NUMBER ONE.

ALL RIGHT. TELL US YOUR NAME, PLEASE, SIR.

MY NAME IS RON BONATI.

I'M THE OWNER OF UNIT 2311 IN SEASCAPE.

I'VE BEEN A LONG, LONG TIME, OWNER FOR 32 YEARS.

SO, WE'VE SEEN A LOT OF THINGS COME AND GO DOWN THERE.

OUR OBJECTIONS TO, SOME OF THE OBJECTIONS WE HAVE AS FAR AS, WHAT WE'VE SEEN IN THE PUD IS, DECREASING THE FRONT YARD SETBACKS, WITH A COMBINATION OF INCREASED DENSITY CAN CAUSE A LOT OF TRAFFIC ON THE STREET QUEUING.

THERE'S NO AT THIS POINT, NO, NO LIGHTS TO CONTROL THE TRAFFIC.

IT CAN ALSO ALREADY BE A PROBLEM JUST MAKING THAT LITTLE U AROUND TO GET TO OUR PROPERTY, THE OPEN SPACE AND, REDUCING THE OPEN SPACE CAN, DRASTICALLY AFFECT RUNOFF ONTO OUR PROPERTY.

I'M BACK ON THE BEACH, AND WE DON'T KNOW WHAT THE ENVIRONMENTAL EFFECTS OF THAT'S GOING TO BE.

I DON'T KNOW WHETHER THEY ADDRESSED IT, BUT THE SCREENING, IF THEY DON'T HAVE A SCREENING ON THE FRONT GARAGE, IT'S GOING TO MAKE IT LOOK KIND OF ROUGH WITHOUT ANY LANDSCAPING THERE. AND THAT COULD AFFECT OUR PROPERTY VALUES.

THE ONE THING I HAVE, I WAS PRESIDENT DURING THE EQUITY REBUILD WORK WITH CRAIG BROWN, WITH KELLY DESHAUN, AND WE PUT TOGETHER A CITY COUNCIL, THE CITY OF GALVESTON AND THE GLO PROJECT TO RENOURISH THE BEACH FROM DELANTERA ALL THE WAY TO THE SEAWALL.

AT THAT POINT, WE PUT IN A 60-FOOT DUNE.

WE WANTED A SAND SOCK WHEN A HARD STRUCTURE, BECAUSE THAT'S WHAT WE HAD THERE BEFORE.

BUT WE SETTLED FOR THE DUNE.

OVER THE YEARS, I KEPT SENDING KELLY THE PICTURES, AND IT GRADUALLY CHUNKED AWAY AND NOT GRADUALLY CHUNKED AWAY.

WITHIN FIVE YEARS, THE 60-FOOT SAND DUNE WAS GONE.

SO, WHEN I HEAR PEOPLE TALK ABOUT A SAND DUNE ON THAT BEACH, YOU'RE KIDDING.

WE'RE KIDDING OURSELVES. I MEAN, YOU COULD TALK TO CRAIG.

ALSO. I MEAN, HE WOULD TELL YOU THE SAME THING.

WE NEED SOME SORT OF HARD STRUCTURE IF YOU'RE GOING TO PUT A PIECE OF PROPERTY THERE RIGHT NOW ON HIGH TIDE, WHEN YOU GET THE REAL HIGH TIDES THAT WE GET RIGHT NOW, THEY'RE LOW, BUT YOU GET THE REAL HIGH TIDES.

IT GOES TO THE MIDDLE OF THAT PROPERTY.

IT'S A LAKE OVER THERE.

SO, I DON'T KNOW HOW THEY'RE GOING TO WORK AROUND THAT.

I SEE THEY HAVE SOME SORT OF RETENTION POND, BUT WHEN YOU HAVE THAT KIND OF FORCE OF THE WATER POUNDING ON YOU EVERY DAY, IT'S GOING TO CAUSE SOME SORT OF EROSION DAMAGE.

AND THEN LAST THING WE NEED IS HAVE SOME SORT OF BUILDING COLLAPSE NEXT TO US OR WHATEVER THAT, THAT, SHOULD HAVE BEEN, PROPERLY PROTECTED TO BEGIN WITH.

THAT'S MY COMMENTS. THANK YOU, SIR.

[00:30:02]

THERE WE GO. IF YOU DON'T MIND, STATE YOUR SIGN IN AND STATE YOUR NAME.

HOW ARE YOU DOING? ALL RIGHT.

MY NAME IS STEVE SCHRAGER.

I OWN 2214 AT SEASCAPE.

I'M ALSO ON THE BOARD OF DIRECTORS THERE FOR THE HOA.

AND I'M HERE TO REPRESENT THE BOARD AND THE OWNERS.

MANY OF WHOM HAVE SENT THEIR OPPOSITIONS IN.

AND I WOULD LIKE TO STATE OUR OPPOSITIONS.

ONE OF THEM IS, FOR THE SETBACKS.

WE DO OPPOSE THE SIDE YARD SETBACK.

IT'S GOING TO TAKE IT FROM.

IT'S SUPPOSED TO BE 40FT.

THEY WANT TO PUT IT 15FT FROM OUR, FENCE LINE.

AND WE ALSO OPPOSE THE 80-CONDO RESIDENTIAL DWELLING UNIT BASED ON THE DENSITY RATIO.

AND TAKING IT FROM 1.5, TO 2.94.

AND IT'S WAIVING THE 20% IMPROVED PUBLIC OPEN SPACE.

SO, WE OPPOSE THAT DEVIATION.

AND THEN ALSO, WE OPPOSE THE INCREASE FROM EIGHT STORIES TO 11 STORIES.

AND WE ALSO OPPOSE THE REDUCTION OF THE TWO-ACRE MINIMUM SITE FOR MIDRISE TIER.

I GUESS THEY WANT TO DO IT, 1.88 ACRES.

AND, AND THAT'S GOING TO REQUIRE AN EXCLUSION OF THE 0.92-ACRE DUNE CONSERVATION AREA.

AND WE OPPOSE THAT AS WELL.

WE HAVE WE OPPOSE ALL THE DEVIATIONS.

BUT I'LL LET SOME OF THE OTHER PEOPLE SPEAK AS WELL.

ALL RIGHT. THANK YOU. JUST WANT TO SAY ONE THING.

IF YOU LOOK AT THE PHOTO, THAT'S GOING TO BE AN 11-STORY BUILDING 15FT FROM OUR FENCE LINE.

SO, THANK YOU VERY MUCH.

THANK YOU. AND ALSO, I DO HAVE COPIES OF, OUR PROPOSAL, OUR, AND FOR THE RECORD, WE HAVE RECEIVED ALL OF THOSE AND ALL OF THOSE THAT HAVE BEEN SENT TO US ARE MADE A PART OF THE RECORD.

AND I'M CERTAIN THAT WE I MEAN, I KNOW I'VE LOOKED AT ALL OF THEM SO AND WE GOT SOME ALSO THAT CAME AT THE LAST MINUTE.

SO, WE'VE RECEIVED ALL OF THOSE COMMENTS.

OKAY. THANK YOU SO MUCH.

THANK YOU. ALL RIGHT.

NEXT.

MY NAME IS MARK ZELLER.

I OWN THROUGH MY LLC SEASCAPE 2314.

ONE OF MY MAJOR OBJECTIONS IS THE PROPOSED BUILDING LOCATION.

THIS IS PART OF WHAT YOU RECEIVED IS TOO CLOSE TO THE WATER.

IT IS ONE OF THE HIGHEST EROSION ZONES, AND IT'S RIGHT IN THE SCOUR AREA.

THIS DOCUMENT IS AN ACTUAL PICTURE, AND IT INCLUDES THE SCOUR ZONE.

NOT DURING A HURRICANE.

IT WENT STRAIGHT THROUGH A CLAY CORE SAND DUNE WITHIN A NUMBER OF YEARS.

AND SO, IT PUTS AT RISK.

AND WE COULD FIND OURSELVES LIKE RIVIERA FACING CONDEMNATION OR EMERGENCY MEASURES TO STABILIZE.

SECONDLY, THE BUILDING THE SHEER SIZE AND MAGNITUDE OF THE BUILDING IS OUT OF SCALE WITH THE EXISTING BUILDINGS ON THE WEST END OF THE ISLAND.

I'M NOT TALKING ABOUT PROPOSED BUILDINGS THAT MAY OR MAY NOT GET BUILT.

IT IS FOUR TIMES AS HIGH AS THE SEASCAPE CONDOMINIUMS. 17.5FT FROM WHERE THEY'RE PLANNING ON BUILDING IS, AND IT'S TWICE AS HIGH AS ANY OTHER CONDOMINIUM STRUCTURE THAT I'M AWARE OF.

ADDITIONALLY, WITHOUT THESE SETBACKS THAT THEY'RE REQUESTING, WE'RE GOING TO HAVE A WALL OF BUILDINGS THAT CUTS OFF THE SCENIC VIEW OF THE PUBLIC AS THEY DRIVE DOWN SAN LUIS PASS ROAD. THERE'S ALSO A POTENTIAL FOR A TRAFFIC GRIDLOCK RIGHT IN A CRITICAL AREA.

IF THERE'S A NEED FOR A WEST END, EVACUATION.

AND SO THAT'S A CONCERN.

AND ONE OF THE ONE OF THE REAL CONCERNS THAT WE HAVE IS THE SHEER NUMBER OF DEVIATIONS ARE TO BE REQUESTED, COUPLED WITH THE LACK OF ANY MEANINGFUL COMMUNITY OFFSETS WHICH ARE DESIGNED TO JUSTIFY THE SHEER NUMBER OF DEVIATIONS, UNLIKE TIERRA, WHICH IS PUTTING IN A PUBLIC PARKING ACCESS, PUTTING IN PUBLIC ACCESS TO THE BEACH, WE DON'T SEE ANY SIMILAR TYPE PROCEDURE.

AND IN MY THINKING IS THAT UNLESS WE WANT TO MAKE A MOCKERY OF THE ZONING LAWS WITH WIPING OUT THE SHEER NUMBER OF DEVIATIONS AND THE MEANINGFUL COMMUNITY

[00:35:08]

THANK YOU. THANK YOU, SIR.

ALRIGHT. NEXT.

GOOD AFTERNOON. MY NAME IS BILL ETHERIDGE WITH ETHERIDGE PROPERTY MANAGEMENT.

WE ACTUALLY MANAGE SEASCAPE TO THE IMMEDIATE WEST OF THE PROPOSED PROPERTY.

MY ONLY COMMENT WAS, AND MY BOARD HAS SAID A LOT OF THINGS AND YOU'VE RECEIVED FROM ALL OF OUR OWNERS.

BUT AS FROM A MAINTENANCE PERSON THAT DEALS WITH CONDOS AND I HAVE EIGHT DIFFERENT COMMUNITIES THAT WE MANAGE ON THE ISLAND, AND I'VE BEEN HERE FOR FOREVER.

BUT THE THING THAT I'M CONCERNED ABOUT REALLY IS LOOKING AT THE PLANS AND PULLING EVERYTHING ON THE SETBACK THAT YOU'RE GOING TO ALLOW FROM 45FT TO 15. I'M REALLY QUESTIONING HOW THE FIRE DEPARTMENT SAYS THAT THEY'RE GOING TO BE ABLE TO SERVICE THAT BUILDING IN A FIRE.

AND AS A PROPERTY MANAGER, I'M JUST CURIOUS OF HOW THE HECK YOU'RE GOING TO MAINTAIN IT.

15FT IS A VERY SMALL, NARROW WINDOW.

IF YOU LOOK AT THIS BUILDING, THAT'S ABOUT.

RIGHT ABOUT HERE. SO, YOU'RE GOING TO BRING FIRE TRUCKS IN.

YOU'RE GOING TO BRING EQUIPMENT IN TO MAINTAIN THE BUILDING IN THE FUTURE.

I REALLY QUESTIONED THAT BECAUSE IN THEIR OWN BLENDS, THEY'RE SAYING THAT AREA IS GOING TO BE FILLED WITH LANDSCAPING TREES AND EVERYTHING ELSE.

SO THAT VARIATION.

I DON'T THINK SO.

JUST MY COMMENT FROM A HISTORICAL POINT, I'VE BEEN IN THE MANAGEMENT BUSINESS OF CONDOS FOR 35 YEARS, SO JUST A GENERAL COMMENT THAT IT'S GOING TO BE DIFFICULT TO MAINTAIN IT IN THE FUTURE, AND THAT AFFECTS HOW EVERYBODY'S VALUES ARE.

THANK YOU. THANK YOU, SIR.

ALL RIGHT. NEXT.

OKAY. MY NAME IS KEVIN HEATON AND I'M A PROPERTY OWNER IN DENVER COURT AREA.

I'M NOT AT SEASCAPE OR ANYWHERE LIKE THAT.

BUT I DO PLAY A LOT OF GOLF AT MOODY GARDEN, AND I ADMIRE ALL THESE PILOTS AND PLANES AS THEY NAVIGATE IN AND OUT OF THE AIRPORT.

BUT ONE OF THE CONCERNS I WOULD HAVE THE HEIGHT OF THE BUILDING ITSELF AND THE ACTUAL ELEVATION.

THEY'VE OPENLY STATED THAT I THINK THE ELEVATION IS GOING TO BE ONE 55.5FT, WHICH IS ONE TENTH OF A FOOT BENEATH THE FAA REGULATION.

AND I'M NOT A PILOT, BUT I DO HAVE FRIENDS WHO ARE PILOTS, AND IT'S BEEN POINTED OUT TO ME THAT OF THE OF THE APPROACH COMING INTO SHOLES FIELD, THAT'S ONE OF THE FEW, IF MAYBE NOT THE ONLY ONE, APPROACH COMING IN THAT DIRECTION.

WHEN YOU'VE GOT A NORTH WIND, AND YOU GOT BAD WEATHER.

IT'S A PRETTY DICEY SPOT TO BE PUT IN A BUILDING THAT TALL.

SO, I'M SURE THAT WOULD BE ONE OF THE SAFETY CONCERNS THAT WOULD BE ADDRESSED BY THE FAA WHEN THEY DO THEIR, FUTURE ASSESSMENT OF THIS PROJECT.

AS I WENT THROUGH, YOU KNOW, THAT WAS THE FIRST THING THAT REALLY HIT ME IN THE EYE WHEN I SAW THAT ON THE PROPOSAL.

AND THEN, OF COURSE, I SAW ALL THE OTHER VARIANTS THAT WERE REQUESTED AND THAT JUST HIT ME AND COUNT ME AS ONE OF THOSE GUYS AND GALS.

AND IT SAYS THE PLANNING COMMISSION RUBBER STAMPS, EVERYTHING.

I SAID, WHAT ARE THEY DOING? BUT CLEARLY, I REALLY APPRECIATED, RUSTY, YOUR OPENING COMMENTS AND BRINGING UP ALL THAT.

THAT GAVE ME A LOT MORE CONTEXT ABOUT THE PUD PROCESS AND SO FORTH.

SO YEAH, I JUST I GUESS MY PLEA WOULD BE, YOU ALL HAVE A TOUGH JOB.

YOU'RE TRYING TO BALANCE, YOU KNOW, PUBLIC SAFETY, THE PUBLIC SELF-INTEREST, THE INTEREST OF DEVELOPERS, THE INTEREST OF GALVESTON TAX REVENUE.

THAT'S A DIFFICULT BALANCE TO MAKE.

BUT I WOULD JUST CAUTION YOU TO KIND OF TAP THE BRAKES ON ALL THESE, YOU KNOW, WIDESPREAD ALLOWING DEVIATIONS AND VARIANCES AND SUCH.

AND JUST OBVIOUSLY YOU'RE GOING TO BE DOING THAT BECAUSE YOU RAISED THE POINT YOURSELF.

AND I APPRECIATE YOU ALL.

AND THANKS FOR THE JOB YOU'RE DOING.

THANK YOU. THANK YOU, SIR.

OH, ONE LAST THING.

ALMOST FORGOT WHAT MY MY PREPARED REMARKS.

I'M A GEOLOGIST AND ENVIRONMENTAL PROJECT MANAGER MYSELF.

AND THE POINTS THAT HAVE BEEN MADE ABOUT THE SCOUR ON THAT END OF THE ISLAND ARE ABSOLUTELY LEGIT.

SO THAT WOULD BE A VERY SERIOUS CONCERN TO DEAL WITH.

THANK YOU, THANK YOU.

NEXT. NO.

YES, MA'AM.

I'M HERE FOR A WHOLE NOTHER REASON.

ARE YOU HERE TO SPEAK ON THIS?

[00:40:01]

OKAY. SO, REMEMBER YOU CAN.

ALL RIGHT. GO AHEAD.

CAN I NOT? YES, MA'AM.

JUST WE'LL WE'LL YOU DO IT.

THAT, AND AND I'M A LITTLE BIT CONCRETE.

I'M PAMELA CHRISTIANSEN.

ALL RIGHT. PAMELA. I'M CURIOUS AS TO THE WHOLE DESIGNATION OF OF PUD.

I'M A I'M A REALLY CONCRETE PERSON, AND MY UNDERSTANDING OF PUD IS THAT IT'S A PLANNED URBAN DEVELOPMENT, NOT A PLANNED UNIT DEVELOPMENT.

AND SO I JUST LIKE TO ME A VILLA IS A PLANNED URBAN DEVELOPMENT.

IT HAS COMMERCIAL PROPERTIES.

IT'S GOT THE RESIDENTIALS, IT'S GOT ENTERTAINMENT KINDS OF THINGS.

AND SO I'M, I DON'T UNDERSTAND HOW THE PLANNED UNIT DEVELOPMENT, WHICH IS, WHICH IS TRULY JUST THE, THE LIVING QUARTERS. HOW THAT COMES INTO TO BEING.

OKAY. WE CAN ANSWER ANY QUESTIONS DURING THE DURING THE PUBLIC HEARINGS.

BUT HERE'S WHAT YOU CAN DO, OKAY.

IF YOU WILL CALL CATHERINE OR ANYBODY ELSE IN THE PLANNING DEPARTMENT, THEY'LL BE MORE THAN HAPPY TO ANSWER YOUR QUESTIONS.

AND WE ALWAYS APPRECIATE THE PUBLIC COMING FORWARD AND ASKING QUESTIONS AND HEARING FROM THEM.

SO THANK YOU FOR COMING.

THANK YOU MA'AM. ALL RIGHT.

IS THERE ANYBODY ELSE? YES, SIR.

OKAY. IS THERE ANYBODY ELSE.

AND ON THIS SIDE.

ANYBODY ON THIS SIDE? GOOD AFTERNOON.

MY NAME IS STEPHEN BEAGLE.

I REPRESENT THE OWNER OF THE TIERRA PROPERTY ON THE EAST SIDE OF THIS PROPERTY.

I'M ALSO THE ORIGINAL ARCHITECT ON DIAMOND BEACH AND THE ARCHITECT ON TIERRA.

SO WITH WITH RESPECT TO THE APPLICATION, THERE ARE MANY THINGS TO SAY ABOUT IT.

I SENT AN EMAIL IN EARLIER TODAY TO CATHERINE AND THE COMMISSION.

WE'VE DONE A SIDE BY SIDE COMPARISON WITH ALL OF THE THINGS THAT ARE BEING REQUESTED BY THE APPLICANT.

ON THE LEFT SIDE OF THE DOCUMENT, YOU HAVE THIS.

AND ON THE RIGHT SIDE OF THE DOCUMENT ARE THE CONDITIONS THAT WERE GRANTED TO US.

AND WE'RE POINTING OUT THE DIFFERENCES BETWEEN WHAT IS BEING REQUESTED BY THE SOLARIS APPLICANT AND WHAT WE WERE GRANTED.

THERE'S SOME SIGNIFICANT DIFFERENCES, SERIOUS DEVIATIONS.

SO THE THESIS HERE, THE ESSENCE OF MY COMMENT GOES TO THIS.

WE WERE HERE THREE YEARS AGO REQUESTING A PUD BECAUSE WE HAD AN IRREGULAR SHAPED SITE.

WE WERE RESTRICTED.

WE WERE RESTRICTED IN MANY WAYS.

WITH THE PLANNING COMMISSION AND THE STAFF.

WE WORKED THROUGH THOSE AND WE DEVELOPED A VERY SENSITIVE PLAN.

WE FEEL THAT RESPECTS THE VIEWS OF THE OLD DIAMOND BEACH PROPERTY.

OLD 2006 OF THE 2006 DIAMOND BEACH PROPERTY.

WE STEPPED OUR BUILDING BACK AWAY FROM THE BEACH AS FAR AS WE COULD, AND THEN WE WENT.

AS WE WENT VERTICAL, WE MAINTAINED ALL OF OUR SETBACKS.

FRONT YARD, SIDE YARD THAT WERE IN THE ORIGINAL ORDINANCE.

WE HAVE TEN SPECIFIC DIFFERENCES BETWEEN THE REQUESTED PUD AND OUR APPROVED PUD.

WHAT WE'RE LOOKING AT HERE.

WITH ALL DUE RESPECT TO MY PROFESSIONAL COLLEAGUES, THE DESIGN IS BEAUTIFUL.

IT'S A VERY HANDSOME BUILDING.

IT'S FRAUGHT WITH PROBLEMS. AND I'VE SCALED THE WALL.

YOU REFER TO MR. CHAIRMAN TWICE AND GOT UP THERE AND GOT OVER THE TOP.

WE'RE WAITING FOR OUR BUILDING PERMIT NOW.

WE EXPECT IT BY THE END OF THE MONTH.

WE JUST BUILT A DUNE AT A COST OF $350,000, AND WE'VE NOURISHED IT TWICE.

BUT IT'S THERE.

WE'RE SERIOUS, AND WE'RE GOING FORWARD UNDER THE APPROVED PUD.

I WOULD URGE THE COMMISSION TO DENY, YES, BUT MORE IMPORTANTLY, TO SEND IT BACK TO THE DRAWING BOARD.

THERE ARE OTHER THINGS THAT COULD BE DONE WITH THIS SITE, AND I'D BE HAPPY TO COMMENT FURTHER, BUT MY COMMENTS ARE WAY TOO LENGTHY.

SO THANK YOU.

THANK YOU SIR. ALL RIGHT ON THIS SIDE? YES, MA'AM.

[00:45:08]

FOR THE RECORD.

I SERVED SIX YEARS UP THERE THAT ENDED, FOUR MONTHS AGO.

AND, THE CITY SETS OUR STANDARDS WITH THE ELDERS, AND IT ALLOWS FOR DEVIATIONS FROM THOSE STANDARDS, IN EXCEPTIONAL SITUATIONS WITH PUDS.

AND THOSE ARE GRANTED BY COUNCIL AFTER YOU ALL MAKE YOUR RECOMMENDATIONS.

BUT WHEN I SEE A COMPLETE BASTARDIZATION OF THE ELDERS, WITH THE EXCEPTIONS LIKE THOSE IN THIS PUD APPLICATION, IT MAKES MY BLOOD BOIL.

AND THOSE OF YOU WHO SERVED WITH ME WON'T BE SURPRISED ABOUT THIS.

IN THIS PARTICULAR SITUATION, THE APPLICANT HAS COME UP AND TALKED TO YOU ALL ABOUT, WELL, WE PUT THIS IN THE APPLICATION, BUT WE'RE REALLY GOING TO DO THIS. WE SAID THIS, BUT WE'RE GOING TO DO THIS.

OUR URGE YOU ALL TO REMEMBER THAT WHAT IS IN THE APPLICATION IS THE EXCEPTION THAT YOU WILL BE GRANTING, AND WHETHER THEY REPRESENT THAT THEY'RE GOING TO DO ONE THING OR ANOTHER, YOU ARE GOING TO BE GRANTING THE EXCEPTION THAT IS IN THE APPLICATION.

SO THE OTHER THING THAT I WOULD SAY IS THE SAME THING THAT THE GENTLEMAN OVER HERE SAID, WORKING ON PERMITTING ON CERTAIN PROJECTS IS DOESN'T MAKE THEM AN ACTUAL PROJECT THAT THIS SHOULD BE COMPARED TO, AND IT ALSO DOES NOT MAKE IT OPEN SEASON ON BUILDING HIGH RISES ON THE WEST END.

TWO WRONGS DON'T MAKE A RIGHT IN LIFE, AND TWO WRONGS DON'T MAKE A RIGHT ON BUILDING HIGH RISES ON THE WEST END. IT IS NOT RIGHT.

IT IS NOT THE RIGHT PLACE FOR PROJECTS LIKE THIS.

THEY DON'T BELONG ON THE BEACH ON THE WEST END.

THE SOIL IS NOT RIGHT.

THE BEACH IS NOT RIGHT.

THIS IS NOT THE RIGHT PLACE FOR THIS PROJECT.

I SOUND LIKE A BROKEN RECORD.

Y'ALL HAVE HEARD ME SAY THIS OVER AND OVER AGAIN.

PLEASE DO NOT APPROVE THIS PUD FOR THIS PROJECT.

THANK YOU. THANK YOU.

YES, MA'AM.

HI, MY NAME IS CHANTELLE CORMIER TO INFORM ME.

PLEASE. OKAY.

SO I LIVE AT SEASCAPE IN UNIT 1305, AND I'VE BEEN THERE FOR THREE YEARS, A LITTLE OVER THREE YEARS.

AND ONE THING THAT I HAVE A QUESTION ABOUT, OR I GUESS AN ISSUE WITH, IS THAT THE DISTANCE BETWEEN SEASCAPE AND THE PARKING LOT BEHIND THE DIAMOND IS IT'S NOT VERY BIG.

SO IF YOU'RE AND I'VE SEEN IT GET SO CROWDED AT THE BEACH, YOU KNOW, ESPECIALLY DURING THE BUSY SEASON WHERE IT'S JUST SO CROWDED BECAUSE YOU HAVE THAT PUBLIC PARKING BEHIND DIAMOND. SO IF THEY'RE ADDING MORE PUBLIC PARKING, PLUS BOTH OF THESE UNITS, LIKE WHERE ARE WE GOING TO GO? YOU KNOW, THE BEACH GETS REALLY CROWDED AND IT'S A VERY SMALL SPACE.

SO THAT'S JUST A POINT THAT I WANTED TO MAKE.

THANK YOU. THANK YOU MA'AM.

APPRECIATE YOUR COMMENTS.

ALL RIGHT. IS THERE ANYBODY ELSE? ALL RIGHT. WE'LL GET THE APPLICANT TO COME BACK UP HERE AND.

I'M NOT SURE WHO ACTUALLY IF I HAD A PREFERENCE.

THE GUY WHO'S RUNNING THE BOSS MAN.

WHY DON'T YOU. WHY DON'T YOU COME UP HERE AND TELL US, IF YOU DON'T MIND? I MEAN, I'D LIKE TO HEAR FROM YOU.

YES, SIR. AND IT'S.

YOU MIND IF I CALL YOU? IT'S DREW.

IS THAT CORRECT? YOU MIND IF I CALL YOU DREW? YEAH. GALEN IS IS JUST THE NAME OF THE FOUNDATION THAT I STARTED.

UNDERSTAND? MY GRANDMOTHER USED TO USE THAT.

LET ME SIGN IN. SO WE'RE OFFICIAL HERE.

OKAY. ALL RIGHT.

WELL, ALL RIGHT.

IT'S COMPLEX, I UNDERSTAND.

AND GROWTH IS IS SOMETIMES SCARY.

I DO UNDERSTAND THAT. AND I'M SENSITIVE TO THAT.

THANK YOU ALL FOR AT LEAST HEARING THIS.

AND WE'RE DESIGNING AND I'VE BEEN DREAMING ABOUT FOR QUITE A LONG TIME.

I ALSO HAVE A HOME HERE IN GALVESTON, HAVE BEEN HERE FOR MANY YEARS.

I LOVE GALVESTON, I THINK IT'S A GEM.

[00:50:03]

SO I DO UNDERSTAND THE VALUE OF GALVESTON TO NOT ONLY PEOPLE THAT ARE HERE, BUT ALSO THE PEOPLE WE'RE INVITING IN TO PURCHASE CONDOMINIUMS AND ADD TO THE AREA. WHEN I LOOK AT DEVELOPMENT, I'VE BEEN IN DEVELOPMENT FOR IN FOR 15 YEARS.

I'VE BUILT HOTELS, I'VE BUILT SUBDIVISIONS, AND I OWN A WATER DISTRICT.

SINCE I'M VERY SENSITIVE TO PEOPLE AND THEIR NEEDS, ESPECIALLY NEIGHBORS, I ALWAYS TRY TO BE A VERY FAIR NEIGHBOR, ESPECIALLY WITH BIG PROJECTS.

I'M VERY SENSITIVE AND I THINK A HEARING WITH THE NEIGHBORS IS IS REQUIRED HERE.

I'D LIKE TO DO THAT. WE'LL TALK ABOUT THAT IN A LITTLE BIT.

I DO OWN ENVIRONMENTAL FOUNDATIONS AND SOME OUTREACH FOUNDATIONS THAT WE USE IN THE AREA.

WE USE VETERANS FOUNDATION THAT WE FOUNDED.

AND SO WE HELP VETERANS AND WE HELP, I TAKE 25 OR 30% OF ALL MY, ALL MY PROPERTIES.

I DEVELOP AND DONATE IT TO A FOUNDATION TO KEEP IN ITS ORIGINAL FORM.

VERY CONCERNED ABOUT THE DUNES HERE.

I RELY ON ENGINEERS AND.

EVERYBODY I POSSIBLY CAN THAT ARE EXPERTS IN THIS FIELD TO GIVE ME ADVICE ON HOW TO PROTECT THAT AREA AND HOW TO BE ABLE TO DEVELOP IT IN A WAY THAT IS ACTUALLY SOMETHING THAT ADDS TO THE GALVESTON AREA.

SOMETHING THAT IS A ICONIC, CHANGE IN GALVESTON TO BRING IT MAYBE INTO A MODERN ERA, BECAUSE I THINK, GALVESTON NEEDS A FRESHER LOOK. I THINK NEW THINGS ARE COMING IN TOWN.

WE DO WANT TO BE SENSITIVE TO EVERYBODY AROUND US, AND I'M NOT, WILLING TO, YOU KNOW, ASK FOR THE WORLD.

BUT THERE ARE CERTAIN, FINANCIAL CONSTRICTIONS AS WE GO INTO THIS NEXT ERA OF COSTS TO DEVELOP, THAT MAKE MID-RISES THAT ARE SMALL, NOT JUST NOT FINANCIALLY DOABLE.

SO YOU WANT TO ADD SOMETHING THAT'S BEAUTIFUL, YOU WANT TO MAKE SURE YOUR NEIGHBORS ARE HAPPY.

AND I AGREE WITH THAT. AND I AGREE ADDRESSING EVERY ISSUE THAT THEY HAVE.

I'M NOT I'M NOT GOING TO TURN A BLIND EYE TO THAT.

SO THAT WOULD BE A ISSUE THAT WE CAN SET UP AND LOOK AT, SOME SORT OF A COUNCIL MEETING WITH THEM, LIKE A TOWN COUNCIL OR SIT DOWN WHERE WE CAN ADDRESS HOW WE HOW WE.

TAKE CARE OF EACH ONE OF THOSE CONCERNS.

A LOT OF THE CONCERNS THAT I SAW THAT CAME UP WERE, ISSUES THAT WE WE'VE ALREADY TAKEN CARE OF, IN THE DUNE CONSTRUCTION.

OF COURSE, YOU DON'T PUT THAT, YOU KNOW, THAT CARPET FOR THE HORSE.

AND I GET THAT. AND SO WE'RE WAITING TO FIND OUT AS THIS PROJECT GOES ALONG.

WE'VE BEEN EVOLVING THIS FOR YEARS NOW.

I'VE HAD THIS PROPERTY FOR SEVERAL YEARS NOW.

YOU KNOW, IT'S NOT JUST SAND ON THE DUNES.

YOU KNOW, WE'RE PUTTING A STRUCTURE UNDERNEATH A SOCK STRUCTURE UNDERNEATH.

SO THAT'S ALL REQUIRED. BUT THAT'S JUST PUT SOME RECOMMENDED.

I MEAN, THEY RECOMMEND THAT TO ME.

AND I DO WHAT WHAT'S GOOD FOR ENGINEERING AND WHAT'S GOOD FOR THE AREA AND WHAT'S RECOMMENDED ON THE BEACHES.

I UNDERSTAND THAT THESE ARE REPRESENTATIONS ALSO, AND I THINK THAT'S A CONCERN.

I DON'T THINK WE'RE ASKING TO PUT PALM TREES IN FRONT.

WE'RE ASKING IN GENERAL TO GO AFTER THE, THE DIFFERENT ITEMS THAT WE'RE ASKING FROM, FROM THE CITY, THE VARIANCES AND SUCH. NOT SO I DON'T, I DON'T, I MEAN, I UNDERSTAND I DON'T THINK YOU'RE GOING TO BE APPROVING PALM TREES OUT IN FRONT.

AND I GET THAT WE'RE TRYING TO, DO RENDERINGS THAT, THAT, YOU KNOW, PAINT IT IN A GOOD LIGHT.

IT'S A BEAUTIFUL BUILDING.

WE'RE WE'RE DOING GREEN SCAPES, TERRORIST GREEN SCAPES, KEEPING THEM GREEN SCAPES.

THAT'S GOING TO BE ALL TIED INTO HOA MAINTENANCE AND OUR MAINTENANCE SCHEDULE ON THIS.

AND IT'S NOT A CHEAP BUILDING.

WE'LL TAKE INTO ACCOUNT CONCERNS OF, OF FIRE AND MAINTENANCE.

WE'VE ALREADY HAD MEETINGS WITH THE FIRE CHIEF, AND HE KNOWS EXACTLY HOW WE'RE GOING TO GET INTO THAT BUILDING.

AND EVERYTHING WAS APPROVED THERE.

SO I DON'T THINK THERE'S AN ISSUE.

WE DON'T WANT TOO MUCH LIKE ACCESS AND TRAFFIC ON THE ON THE WEST SIDE.

SO WE ADDRESSED A LOT OF THESE ISSUES.

AND I THINK, IF WE SIT DOWN WITH THE RESIDENTS AND EXPLAIN WHAT WE'VE DONE AND WHAT WE DESIGNED, IT'LL TAKE A MAJORITY OF WHAT THEY'RE LOOKING AT AND WHAT THEY'RE KIND OF, I WANT TO SAY, FEARING, BUT WHAT THEIR THEIR CONCERNS ARE.

I'M LOOKING TO ADD SOMETHING BEAUTIFUL TO GALVESTON, AND I PLAN ON CONTINUING TO LIVE HERE.

I'M A LITTLE FURTHER WEST WITH A LITTLE BEACH FRONT, A LITTLE, I CALL IT A LOVE SHACK, BUT IT'S.

I'VE BEEN 36 YEARS MARRIED, SO DON'T KNOW.

IT'S LIKE. I MEAN, IT WAS SO CUTE AND IT WAS LIKE WHEN WE BOUGHT IT, SO, WE'RE A MILE DOWN FROM THERE.

BUT I BELIEVE IN, IN BRINGING SOMETHING THAT IS, LIKE I SAY, ICONIC.

I MEAN, I DON'T WANT TO MAKE SOMETHING THAT IS THAT AGES.

I WANT SOMETHING TO BE AHEAD OF ITS TIME.

I THINK THIS IS AHEAD OF ITS TIME WITH ITS GREEN SPACES AND THE TERRACES.

I WOULD LIKE TO DEFINITELY ADDRESS WITH THE THE NEIGHBORS.

BEING A GOOD NEIGHBOR, I LIKE TO ADDRESS EVERYTHING WITH MY NEIGHBORS.

EVEN IN ALL MY DEVELOPMENTS UP IN MONTGOMERY COUNTY, WITH ALL THE COMMISSIONERS, WE ALWAYS REACH OUT AND I ALWAYS DO, CERTAIN THINGS THAT HELP, HELP NEIGHBORS.

[00:55:01]

I LIKE TO BE A GOOD NEIGHBOR.

BUT I'M NOT THAT NORMAL DEVELOPER THAT JUST COMES IN AND DEVELOPS SOMETHING.

YOU KNOW, I LIVE HERE, AND, SO I DEFINITELY LIKE TO, YOU KNOW, THERE'S THERE'S TALK AMONGST US OF A DEFERRAL SO I CAN OPEN UP SOME TIME, TIME FRAME TO TALK TO THE NEIGHBORS AND AT LEAST ADDRESS SOME OF THOSE CONCERNS.

I DON'T I WOULDN'T PERSONALLY LIKE TO ADDRESS CONCERNS OF OF OF OF SOMETHING THAT ISN'T RELATED TO THE PROJECT.

ON THAT, BUT I HAVE AN OPEN EAR TO EVERYBODY AND I WANT TO HELP OUT.

THAT'S UNDERSTOOD. AND I'LL TELL YOU, FIRST AND FOREMOST, THANK YOU FOR BEING HERE.

AND THANK YOU FOR BRINGING, YOU KNOW, THE TEAM, THE THESE PROFESSIONALS WITH YOU.

YEAH, I KNOW THAT THAT'S WELL, I RELY ON YOUR TIME AND IT COSTS TIME AND MONEY.

WELL IT'S IMPORTANT YOU'VE I GET THAT WELL AND I'M A PILOT UP TO 1000 HOURS.

I FLY HELICOPTER FLOWN IN A HELICOPTER TODAY.

I KNOW EXACTLY WHERE THAT BUILDING IS.

I KNOW EXACTLY, THE APPROACH ON THE AIRPORT.

I'M VERY CONCERNED ABOUT BEING WITHIN THAT LIMIT.

I DON'T WANT TO HAVE ANY PUSHBACK IN THE GROWTH OF THAT AIRPORT.

SO WE DIDN'T DO ANYTHING WITH THE FAA.

WE SAID, YOU KNOW WHAT? LET'S JUST STAY UNDER THAT THING AND LET'S NOT WORRY ABOUT GOING UP IN 160FT.

100FT. THAT'S BIG FOR THIS AREA.

AND I AND I FEEL THAT PAIN AND I FEEL THE PAIN OF GROWTH.

AND I DO, I LIVE IN THE FOREST.

I DON'T LIKE GROWTH AROUND ME, BUT SOMETIMES IT'S JUST A NEEDED THING.

EVERYTHING EVOLVES.

BUT I AM A PILOT, AND SO I KNOW THAT THAT IS A SAFE BUILDING.

AND I'VE FLOWN MANY, MANY BUILDINGS AND IN MANY AREAS FROM HOUSTON TO HOBBY AND ALL SORTS OF AIRPORTS AND THAT, THAT THAT'S SAFE.

RIGHT. AND I GET IT.

BUT I'VE MY MY HELICOPTER IS RIGHT THERE.

ANYBODY WANTS A FREE RIDE. THEY CAN THEY CAN FLY RIGHT OVER THAT SPOT.

SO YOU KNOW I LOOK AT THIS AND YOU KNOW, EVERY GOOD BOY AND GIRL DOESN'T GET EVERYTHING ON THEIR CHRISTMAS LIST.

I AGREE. AND BUT SANTA CLAUS ALMOST ALWAYS GETS MILK AND COOKIES.

SO. I'M KIND OF LOOKING AT THIS AND I'M LIKE, OKAY, YOU GUYS NEED TO THROW US A BONE.

I MEAN, THERE'S 12.

THIS IS A LOT.

THIS IS A BIG ASK.

YOU SHOULD HAVE SEEN THE BUILDING I HAD BEFORE THAT IT WAS A LITTLE TALLER.

AND I AND I'M GLAD TO HEAR YOU SAY THAT.

YOU KNOW, AND THAT WAS ONE REASON I WANTED TO HAVE THE PUBLIC MAKE COMMENTS PRIOR TO YOU COMING UP HERE, IS SO THAT YOU COULD HEAR WHAT THEIR CONCERNS ARE.

AND QUITE HONESTLY, MOST OF WHAT THEIR CONCERNS ARE ARE MINE AS WELL.

YOU KNOW, WHEN WE ELIMINATE OPEN SPACE, THAT'S, YOU KNOW, I KNOW YOU GUYS ARE TRYING TO DO A LOT WITH A LITTLE THERE, AND SOME OF THAT IS JUST THE SITE. I MEAN, THAT'S JUST WHAT YOU GOT.

BUT THERE ARE SOME THINGS THAT YOU KNOW, I WILL TELL YOU FOR ME PERSONALLY, YOU KNOW, AND I JUST AS AN EXAMPLE, YOU KNOW, WE'RE ELIMINATING OPEN SPACE, BUT THERE'S, YOU KNOW, A PATCH OF GREEN GRASS, A PATCH OF GRASS ON THE ROOF IS THAT NOBODY'S GOING TO SEE.

YOU KNOW, THAT'S KIND OF NOT APPLES TO APPLES.

THE I BROUGHT UP THE DEAL WITH THE PALM TREES IN THE FRONT.

I MEAN, YOU'VE ASKED FOR SOME DEVIATIONS IN THE HDZ'S, BY THE WAY.

I MEAN, THAT'S A BEAUTIFUL BUILDING.

I LOVE THE DESIGN.

A LOT OF WHAT THEY PUT IN THERE.

SO WE DON'T HAVE THESE WALLS THAT WE'RE LOOKING AT.

WELL, THERE'S REALLY NO SPACE TO PUT THOSE.

IF YOU WANTED TO PUT TREES THERE, THERE'S NO SPACE IN YOUR DESIGN FOR THAT KIND OF STUFF BECAUSE YOU'VE MOVED RIGHT TO A ZERO LOT LINE.

AND I AGREE.

ALL RIGHT. AND WE ADDRESSED THIS WITH THE ARCHITECTURE DESIGN AT THE BEGINNING.

AND ONE OF THE ITEMS WITH CONDOMINIUM BUILDINGS THAT STAY ON THE BEACH SIDE, LIKE WHERE YOU HAVE THE HIGHWAY ON THE OTHER SIDE, IS YOU HAVE TO HAVE A BEAUTIFUL BACKSIDE. IT'S A IT'S DOUBLE THE EXPENSE.

I MEAN, I CAN HAVE A CONCRETE WALL THERE AND IT'S JUST, YOU KNOW, IT'S JUST A REGULAR CONCRETE BUILDING.

BUT TO ME THAT'S NOT ESTHETIC AT ALL.

SO WE ADDED IN ALL THOSE WINDOWS AND AREAS.

SO WHEN YOU DRIVE UP FROM THE BACKSIDE, IT'S NOT LIKE EVERY OTHER CONDOMINIUM BUILDING WHERE ON THE BACKSIDE HIGHWAY IT'S JUST A FLAT BUILDING, RIGHT.

THIS HAS A POSITIVE FEEL, A GOOD LOOK ON THE BACKSIDE OF THE BUILDING AS WELL AS THE FRONT.

SO I DID TAKE THAT INTO EFFECT ON THIS.

ON THIS DESIGN, THERE'S MANY GREEN SPACE AREAS WE CAN IMPROVE ON THIS.

I AGREE 100%.

WE CAN ADDRESS THAT.

WE CAN LOOK AT THE RESIDENTS AND HOW THEY LOOK AT IT FROM THEIR SIDE.

WE CAN GIVE THEM SOME RENDERINGS TO SAY, OKAY, LISTEN, THERE'S A BIG QUESTION MARK IN MY MIND WHAT I'M GOING TO SEE WHEN I GO OUTSIDE.

[01:00:03]

AT LEAST SHOW IT IN THE MEETING.

WE CAN WHIP THAT UP REAL FAST, BUT DEFINITELY I DID TAKE SOME THOUGHT IN THIS STREET SIDE VIEW, AND SEVERAL MILLION DOLLARS IS IN MAKING THAT A BEAUTIFUL STREET SIDE VIEW BUILDING.

AND THAT WAS THE CONCERN RIGHT IN THE BEGINNING TO MAKE SOMETHING BEAUTIFUL ON BOTH SIDES.

SO I MEAN, YOU'RE YOU'RE PICKING UP ON ALL THIS STUFF.

YEAH. AND IT'S AND I TRULY, TRULY APPRECIATE I'M SURE I MEAN I'M NOT I'D LIKE TO THINK I'M SPEAKING I'M SPEAKING FOR ME.

BUT IT'S JUST IN GENERAL OBSERVATIONS.

WE ALL SEE IT. RIGHT.

AND ANOTHER ONE FOR ME IS, IS YOU GUYS ARE GOING, YOU KNOW, YOU'RE REDUCING YOUR SIDE SPACE SIGNIFICANTLY. YOU KNOW, I'M NOT A FIRE SAFETY EXPERT BY ANY MEANS.

AND I KNOW THAT YOU HAVE A GUY THAT'S ON YOUR ON YOUR DEAL, BUT THAT IS A CONCERN.

AND TO BE HONEST WITH YOU, IT'S ONE OF THOSE THINGS THAT I'D PROBABLY LIKE TO HAVE OUR FIRE MARSHAL JUST COME HERE AND TELL US.

I MEAN, I KNOW YOU'VE TALKED TO HIM.

HE SENDS US A NO OBJECTION, BUT IT'D BE REALLY NICE.

AND SOME OF THIS WILL GET INTO IN OUR DISCUSSION.

RIGHT. BUT, THOSE ARE JUST SOME THINGS BECAUSE I THINK AT THE END OF THE DAY, WHAT WE WOULD LIKE AND THEY'RE ALL GOING TO GET A CHANCE TO SPEAK FIRST, AND I'M TALKING TOO MUCH, BUT WE'D LIKE TO HAVE A PROJECT THAT WE CAN SEND TO CITY COUNCIL THAT WE WE SEND WITH AN APPROVAL.

WE, INSTEAD OF US SENDING IT UP THERE WITH A DENIAL WITH A BUNCH OF AGREED BUNCH OF STUFF.

SO I THINK WE DID DO SOME MEETINGS ON THAT TO TO FIND ACCESS AND FEEL THAT FROM BOTH SIDES IT'S SAFE.

BUT LET'S PUT IT ON, YOU KNOW, ON, ON, ON ANOTHER DISCUSSION SO WE CAN SHOW THE FIRE MARSHAL CAN SHOW WHAT'S GOING ON.

WE CAN SHOW WHAT'S GOING ON AND, AND, AND ADDRESS THAT, THAT, YOU KNOW, THE FIRE PREVENTION WE HAVE IN THE BUILDING AND EVERYTHING ELSE.

AND WHEN YOU GET UP ABOVE, YOU KNOW, FIVE, SIX FLOORS, IT'S DIFFICULT UNDER ANY CIRCUMSTANCE.

OKAY. BUT YEAH, SO WHAT I'M GOING TO DO IS I'M GOING TO LET SOME OF THE OTHER COMMISSIONERS ASK QUESTIONS.

SO AND I TRULY ONCE AGAIN APPRECIATE YOU YOU BEING HERE.

I KNOW I'VE BEEN THINKING ABOUT THIS FOR YEARS.

DON'T THINK IT HASN'T BEEN FOR YEARS.

ALL RIGHT. ANYBODY ELSE GOT SOME QUESTIONS? THANK YOU FOR BEING HERE, I APPRECIATE IT.

SO I GUESS ONE THING I'M ALWAYS CONCERNED ABOUT, AND I THINK I SAY THIS ALL THE TIME, IS THAT WE WE WE GIVE DEVIATIONS, WE GIVE, WE START TO ERODE OUR OWN, YOU KNOW, RULES SO TO SPEAK.

RIGHT. SO I'M I'M ALWAYS VERY COGNIZANT ABOUT WHEN WE DO THAT.

SO I LIKE TO KNOW JUST YOU KNOW WE HAVE ALL YOU KNOW EVERYONE HERE.

LET US KNOW WHAT BENEFITS THE PUBLIC WILL GET FROM THOSE DEVIATIONS THAT YOU ARE REQUESTING.

WE CAN HAVE SOME COME UP, BUT I'LL MAKE A QUICK COMMENT BEFORE SOMEONE ELSE COMES UP BECAUSE THE WHEN YOU GET INTO DEVIATIONS, IT'S FROM SPECIFIC, SPECIFIC INFORMATION THAT THAT THE TEAM KNOWS BETTER THAN I DO.

I MEAN, THEY BRING IT TO ME AND AND I LOVE IT.

AND IF IT FITS, IT FITS.

SO I'M FAIRLY SURE THERE IS PUBLIC ACCESS ON THE SIDE OF THE, ON THE SIDE OF THE BUILDING THAT WE THAT ALLOWS ACCESS TO GET TO THE BACK.

AND AM I RIGHT, DAVE? I'M RIGHT. THERE'S PUBLIC WE HAVE PUBLIC ACCESS ACCESS ON THE SIDE.

YES. YEAH. SO I MEAN THERE ISN'T SOMETHING WHERE WE DON'T HAVE PUBLIC ACCESS.

SO THAT WAS SAYING, OKAY, LET'S LEAVE THAT CORRIDOR OPEN FOR PUBLIC ACCESS.

AND AND THAT IS VERY I THINK IT'S THE SAME JOINT ACCESS AS THE ASPHALT THEY'RE PUTTING IN ON THEIR PROPERTY IN TIERRA.

SO IT'S WE'RE ON THE OTHER SIDE ADDING ANOTHER 20 SOME FEET STRAIGHT BACK TO THE DUNES.

YOU KNOW, WE WE PLAN OUR RECONSTRUCTING THE DUNES OF COURSE, EQUALLY AND ATTACHING TO THE DUNES, ON THE SIDE OF TIERRA, SO THAT THAT'S UPCOMING AND THAT'S A PROCEDURAL SORT OF A THING, BUT THAT'S CONSTRUCTED, OF COURSE, AT, AT AND PRETTY MUCH RIGHT ON.

IT'S ABOUT $350,000.

BUT THAT FOR ME, THAT'S A SMALL NUMBER TO PRESERVE THAT FRONT OF THE BUILDING.

WE HAVE VAULTS UNDERNEATH THE GROUND TO HANDLE THE STORAGE OF WATER.

WE WILL BE USING THAT AS AS A DUNE WATERING SYSTEM BECAUSE DUNES LOVE WATER.

THEY GROW VERY WELL IF YOU JUST TAKE CARE OF THEM.

SO THERE'S, THERE'S A MORE SUBTLE, DESIGN AND WHAT WE'RE DOING WITH OUR DUNES TO TAKE CARE OF THAT.

THAT'S ALSO ADDRESSED.

SO THE DUNE, YOU KNOW, IT'S NOT JUST LIKE WE'RE LOOKING FOR A GREEN SPACE ON TOP OF THE BUILDING.

WE'RE LOOKING FOR ALSO MANAGING THOSE DUNES AND KEEPING THEM THAT WAY.

SO I THINK THEY HAVE OTHER ITEMS THAT THEY WANT TO BRING.

YOU KNOW, WE'RE CONCERNED ABOUT THE BIRDS, DEFINITELY.

WE'RE CONCERNED ABOUT THE DUNES.

WE'RE CONCERNED ABOUT THE EROSION AREA THERE.

AND IT GETS, YOU KNOW, EVEN PROGRESSIVELY DANGEROUS AS YOU GO TOWARDS THE, THE, THE SEAWALL.

IT REALLY GETS INTO AN AREA WHERE YOU CAN'T, CAN'T EVEN MANAGE.

BUT WE GOT IN THE PLAN.

SO I MEAN, IT'S, IT'S I THINK IT'S A MATTER OF FACT, THE ENGINEERS CAN EXPLAIN A LITTLE BIT MORE THAN I CAN.

[01:05:04]

AND THE BUILDING HAS TO HAVE SOMETHING BENEFICIAL TO THE COMMUNITY, WITH PUBLIC SPACE AND ACCESS AND THINGS LIKE THAT.

SO WE'VE OPENED THAT ACCESS UP AND WE'RE NOT BLOCKING IT OFF AND SAYING, YOU CAN'T DRIVE THROUGH THERE.

WE'RE OPENING THAT UP ALSO.

SO MAYBE THERE'S LIKE A SPECIFIC QUESTION YOU GUYS WANT TO BRING UP OR SO TAKE A SHOT AT ALL THE QUESTIONS.

I TELL YOU WHAT. OH, IF YOU DON'T MIND, WHILE YOU'RE HERE, IF ANY OF THE OTHERS WOULD HAVE MAYBE JUST GO BACK THROUGH AND THEN KIND OF GO BACK THROUGH IT AGAIN, AND THEN WE'LL.

BECAUSE THIS IS A BIG THING AND I, WE COULD BE HERE ALL DAY AND I ACTUALLY LOVE IT.

WE'VE GOT PLENTY OF TIME TO DO THIS.

YEAH. YES, SIR.

GO AHEAD JOHN. YES, I WAS GOING TO ASK ABOUT THE THE BIRD FRIENDLY GLAZING AND YES, WHAT ENVIRONMENTAL IMPACT STUDIES HAVE YOU, HAVE YOU DONE? WELL, THAT WAS PROPOSED IN THE BEGINNING BECAUSE, YOU KNOW, BIRDS ARE CONTINUALLY HITTING THE WINDOWS.

AND I THINK THERE WAS A PROJECT HERE IN GALVESTON PRIOR TO MY EXPERIENCE IN GALVESTON WITH, WITH, WITH THE ENVIRONMENTAL SIDE THAT A BUNCH OF BIRDS HIT A BUILDING AND DOWNTOWN.

DOWNTOWN. YEAH. AND SO THAT WAS BROUGHT UP RIGHT AWAY ON HOW HOW ARE WE GOING TO ADDRESS, DIFFERENT ASPECTS OF THE BIRDS, THE DUNES, THE LIGHTING. YOU KNOW, WE DON'T WANT TO HAVE LIGHTING THAT ATTRACTS, YOU KNOW, TURTLES TO THE AREA AT THE WRONG TIME.

WE JUST DON'T WANT TO HAVE ISSUES WITH VERY SENSITIVE TO THOSE ISSUES, PELICAN ROOTS, THINGS LIKE THAT.

SO THE STUDIES ARE DONE BY.

BETTER PEOPLE THAN I, BUT IT WAS DEFINITELY A CONCERN.

AND THAT WAS, I THINK, ONE OF OUR FIRST CONCERNS WHEN WE THOUGHT, OKAY, WE'RE GOING TO PUT A BUILDING ON THE BEACH.

WHAT ARE WE GOING TO DO WITH THAT? WHEN I BOUGHT THE PROPERTY, I WAS ALWAYS IMMEDIATELY THINKING OF A BUILDING ON THE BEACH.

AND THIS WAS ABOUT A LITTLE BIT AFTER WHEN WHEN TIERRA PURCHASED THEIR PROPERTY.

SO IT'S A CONCERN.

BUT WE HAVE TO FIND WAYS TO DEAL WITH THAT.

COLLECTING THE WATER, HOLDING THE WATER, USING IT FOR DUNES.

AND AND, YOU KNOW, THE BIRD, THE BIRD, SENSITIVE GLASS, THE DESIGN OF THE BUILDING.

SO IT'S NOT A FLAT SPACE FOR WIND CONTROL.

I MEAN, THAT WAS DEFINITELY AN ISSUE IN THE BEGINNING.

HOW ARE WE GOING TO DESIGN THIS BUILDING TO TO RAMP AND DIVERT WINDS AND THINGS LIKE THAT? SO IN A HURRICANE SITUATION, IT WOULD BE A BETTER BUILDING STRUCTURE, THINGS LIKE THAT.

WHAT EXACTLY IS THE THE BIRD FRIENDLY GLAZING? I MEAN, WHAT DOES THAT LOOK LIKE? THAT'S IT'S JUST A YEAH, YOU'RE THE GUY IN THAT, SO I'LL DEFER AND I'LL JUST STAY UP HERE AND SIGNING.

SIGN IN. WHILE HE'S HERE, HE CAN TELL US WHAT THEY'RE DOING FOR THE.

MY. MY NAME IS ANDRE LANDON.

I'M THE ARCHITECT FOR THE PROJECT.

TO YOUR QUESTION ON THE BIRD GLASS, IT'S AN OPTICAL CHANGE OF THE GLASS ITSELF THAT TAKES AWAY THE VIEW OF THE BIRD, SEEING THAT IT'S SKY BEYOND.

IT'S NOT NECESSARY, ACCORDING TO AUDUBON, TO TAKE IT THE FULL HEIGHT OF THE BUILDING.

BUT WE'LL CERTAINLY BE FOLLOWING WHAT AUDUBON RECOMMENDATIONS WERE FOR THE GLASS.

SO THE VISUAL QUALITY, YOU WOULD NOT SEE THE DIFFERENCE.

YOU WOULD NOT SEE THE DIFFERENCE, BUT THE BIRDS DO.

OKAY, JUST ONE MORE QUESTION FOR THE ARCHITECT.

IF I COULD, YOU KNOW, KNOWING THAT YOU HAD A SITE OF A CERTAIN WIDTH AND 40 FOOT SETBACKS, WHY DID YOU DESIGN TO GO OVER THOSE SETBACKS? AND IS THERE ANY ROOM FOR ADJUSTING THAT AND SQUEEZING, SAY, 25FT OFF ONE SIDE SO WE CAN TAKE THE OWNERS IN SEASCAPE AND GIVE THEM A LITTLE MORE COMFORT SPACE? WELL, I GUESS I GUESS THE SHORT ANSWER IS YES, BUT IF I MAY EXPLAIN THE WAY THE DESIGN DEVELOPED.

THE OVERHANGS OF BALCONIES ARE THE 15 FOOT.

THE WALLS OF THE GARAGE ARE ACTUALLY BACK INBOARD FROM THAT DIMENSION.

SO, SO 28, 28FT BACK.

AND HOW HIGH ARE THOSE WALLS, DAVE? YOU GOT TO GO 13.5FT FOR A FIRE TRUCK TO CLEAR.

SO SO WHAT YOU'RE SEEING IN THIS 15 FOOT DIMENSION IS A BALCONY.

SO I THINK MAYBE THAT WAS LOST IN SOME OF THE DISCUSSION OR MAYBE NOT POINTED OUT, THOROUGHLY.

AND THE OTHER THING THAT WE DID IS WE WANTED TO MAKE SURE THAT PEOPLE WERE LOOKING AT NOT BARE WALLS ABOVE THE, THE BASE FLOOD ELEVATION OR THE SURGE.

SO WE'RE ACTUALLY WE ACTUALLY HAVE A BEAUTIFUL BUILDING GLASS.

AND NO, YOU KNOW, WE'RE NOT SHOWING ANY BARE WALLS AT THE LEVEL THAT YOU WOULD EXPECT TO BE BUILDING OUT AT THE BEACH.

SO BUT I THINK I ANSWERED YOUR INITIAL QUESTION.

THANK YOU. YES, MA'AM.

WELL. I'M SORRY.

OH, DAVE. YEAH.

[01:10:02]

I'M GOING TO TAKE A SHOT AT THIS.

A LOT OF QUESTIONS.

I'LL START WITH THE 40FT.

WERE ZONE COMMERCIAL AND COMMERCIAL.

IT'S NOT A 40 FOOT SIDE SETBACK.

AND SO IN ME DOING A LEARNING CURVE THROUGH LEARNING HOW GALVESTON REQUIRE REQUIREMENTS FOR THE PUD, GOING THROUGH THE LDR AND SUCH, AND THEN ALSO LOOKING AT TIERRA A LOT.

I STUDIED YOUR PROJECT A LOT.

OKAY. AND I WILL SAY THAT BECAUSE TIERRA WENT THROUGH A PROCESS ALREADY GONE THROUGH IT THAT WE HAVE TO GO THROUGH, I USED YOU AS, AS A BENCHMARK BECAUSE WHY NOT? YOU KNOW, IT'S THE NEIGHBOR NEXT DOOR.

BUT GUESS WHAT? THEY'RE ZONED DIFFERENT THAN WE ARE.

OKAY? SO THEIR REQUIREMENTS ARE DIFFERENT.

I HAVE A ZERO SETBACK FOR FOR A BUSINESS OCCUPANCY ON THE STATE RIGHT OF WAY.

IT'S ALLOWED, BUT BECAUSE I'M GOING FOR A PUD AND I'M IN A TERS, EVERYTHING GOES OUT THE WINDOW AND IT BECOMES A WHOLE NEW SET OF CIRCUMSTANCES.

SO THE 40 FOOT NEVER EXPECTED THAT AS A SIDE SETBACK.

AND BY THAT TIME WE HAD ALREADY BEGUN IN WITH, WITH A INITIAL DESIGN TO TRY TO PUT 80 UNITS IN, GET AS HIGH AS WE COULD, STAY UNDERNEATH THE FAA, FAA SAYS 150 5.6 I'LL DO IT.

I'LL STAY JUST UNDER IT.

THEY SAY PRELIMINARILY AND I HAVE TO GET A FINAL APPROVAL WITH THEM, BUT PRELIMINARILY YOU COMPLY.

FIRST ONE PASSED.

THEY SAID NO BECAUSE WE'RE A LITTLE BIT TOO HIGHER.

I DROPPED IT DOWN WITHIN THAT TIME FRAME OR WITHIN THAT BENCHMARK.

SAME THING WITH TEX DOT WITH WITH THE ENTRANCE DRIVE.

TEX. WE WANTED TO THEY DON'T WANT TOO MANY DRIVES ALONG THAT STREET, AND WE'RE RIGHT NEXT TO THE ONES ON OUR WEST SIDE.

SO THOSE DRIVES WERE TOO CLOSE.

SO WE THEY WOULD ONLY LET US DO ONE.

FORTUNATELY, THE FIRE MARSHAL, WHEN WE REVIEWED WITH HIM, HE SAID THE THINGS AND WE ONLY WE DID NOT LOOK INSIDE THE BUILDING.

IT WAS TOO EARLY TO START DOING THE REALLY THE BUILDING PLANNING.

IT'S MORE LIKE, I NEED YOU TO SHOW ME ACCESS TO THE PROPERTY, MAKE SURE THAT I CAN FIGHT A FIRE ON ALL PARTS OF THAT PROPERTY.

SO THE FIRE APPARATUS TRUCK NEEDS A 13.5FT CLEARANCE THROUGH THAT GARAGE TO BE ABLE TO GET ME OUT OF THE GARAGE WITH THE TURNING RADIUSES THAT WE HAVE.

AND SINCE YOU'RE GOING TO TAKE ME UP ON TOP OF THIS GARAGE ROOF DECK, YOU'VE GOT TO PROVIDE ME A WAY TO BE ABLE TO DEAD END TURN AROUND.

AND SO WE SHOWED HIM THAT, AND THAT'S WHAT HIS APPROVAL IS.

AND AGAIN, HE IS A PRELIMINARY APPROVAL.

I GOT TO GO THROUGH ALL THE GYMNASTICS OF THE FINALS.

BUT YOU KNOW, THE ALL THE NAILS AND NUTS AND STUFF THAT HAVE TO HAPPEN TO GET THE FINAL PERMIT DONE.

BUT SO THAT'S WHAT HIS BLESSING WAS.

IS THAT OKAY? YOU'VE SHOWN ME WE CAN GET FIRE APPARATUS ACCESS.

I CAN GET THE 26 FOOT WIDE DRIVES TO GET TO EVERY PLACE.

I NEED TO GET TO FIGHT THE FIRES FOR THIS BUILDING.

ALL RIGHT. IS IT OKAY IF I TAKE A SHOT AT THESE QUESTIONS THAT CAME UP? WAIT, IS THAT WHAT YOU WANT OR NOT? OR SHOULD WE DO THAT SEPARATELY? WELL, I DIDN'T KNOW IF IF THAT'S NOT THE QUESTION.

YEAH, OKAY. MAYBE LATER.

SO, YOU KNOW, I'LL TELL YOU WHAT I'D LIKE TO DO IS LET US FIELD SOME QUESTIONS WITH YOU FIRST, AND THEN WE'LL COME BACK TO THAT.

IS THAT OKAY? YEAH. OKAY.

SO ANYBODY ELSE HAVE QUESTIONS FOR THE APPLICANT? YES, SIR. FOR ME OR FOR ENGINEERING? I DON'T KNOW WHO'S GOING TO ANSWER IT, BUT I HAVE A QUESTION.

WHAT HAPPENS IF TIARA DOESN'T GET BUILT? THEN WHAT DO YOU DO WITH YOUR DRIVEWAY? THAT IS POSSIBLE. THERE'S BEEN TONS OF DEVELOPMENTS IN GALVESTON THAT SAY, WE'RE GOING TO DO THIS, AND IT NEVER HAPPENS.

IN OTHER WORDS, WHEN WE DID WHEN WE DO SUBDIVISION WITH TEXTILE ALL THE TIME AND WE DO THE FULL ENTIRE ENTRANCES, I'VE EVEN HAD SHARED ENTRANCES ON SEVERAL SUBDIVISIONS.

SO WE JUST DO THE WHOLE ENTRANCE.

IT'S JUST UP TO US TO DO THE WHOLE ENTRANCE.

OR WOULD YOU PUT IT BECAUSE THIS IS PRIVATE PROPERTY ON THE OTHER SIDE OF THAT DRIVEWAY? WELL, THE DRIVEWAY IS IN PRIVATE PROPERTY.

NO, BUT WHERE WHERE TIARA IS, IS SOMEBODY ELSE'S.

YES, BUT THE DRIVEWAY IS LIKE A COMMON ENTRANCE RIGHT NOW.

THERE'S A THERE'S A DRIVE RIGHT NOW.

IN OTHER WORDS, THERE'S A COMMON ENTRANCE DRIVEWAY.

IT WOULD BE IN THE RECIPROCAL ACCESS AGREEMENT.

DID YOU SEE WOULD BE CONSTRUCTED WITHIN THE RIGHT OF WAY.

THAT'S WE IT'S A IT'S LIKE A DOUBLE DRIVEWAY ANYWAYS RIGHT NOW.

ONWARDS, THEY PUT ROCK ON THE ENTIRE DRIVEWAY ON OUR SIDE, THEIR SIDE RIGHT NOW.

SO THEY'RE ALREADY USING ACCESS TO THAT POINT.

SO IT'S REALLY NOT WHAT ALREADY EXISTS.

YES. OKAY.

SO WHICH OF THESE REQUESTED DEVIATIONS CAN BE ELIMINATED AND STILL PROCEED WITH THIS PROJECT.

BECAUSE MR. WALLA AND I AND I AND I AND I AND I UNDERSTAND YOUR POINT ABOUT IT, AND I GET IT AND I GET I THINK BUT, YOU KNOW, WE'VE WE'VE GONE THROUGH A LOT OF PROCESS. I MEAN, THIS ISN'T SOMETHING WE'RE JUST THROWING OUT FOR YOU ALL TO LOOK AT OR SEE.

WE'VE CHANGED A LOT TO THIS POINT.

IN OTHER WORDS, I'VE GONE THROUGH THIS MULTIPLE MEETINGS.

WE CHANGED IT FOR THE FIRE.

YOU KNOW, WE CHANGE IT FOR TEXDOT.

WE WE MODIFY IT FOR THE DUNES AND HOW WE'RE GOING TO HANDLE THAT.

AND WE MODIFIED IT QUITE A BIT.

[01:15:02]

WE CAN DEFINITELY LOOK AT THE CONCERNS AND TRY TO ADDRESS THE ISSUES KIND OF ON A ONE ON ONE.

BUT THERE'S A POINT WHERE YOU REALIZE THAT, OKAY, YOU KNOW, IT'S A NEW PROJECT, IT'S A NEW BUILDING, IT'S AN ADDITION TO GALVESTON.

AND I THINK IT'S A WONDERFUL ADDITION TO GALVESTON.

I KNOW THERE'S PAIN AND PUSHBACK, AND EVERYBODY HAS TO DEAL WITH THAT, AND I HAVE TO DEAL WITH IT ON MY OWN PROJECTS.

BUT WE CAN ADDRESS IT AND LOOK AT IT.

BUT AS I SAY, YOU KNOW, WE MIGHT TALK ABOUT IT AS FAR AS AS WE EVOLVE THE PROJECT, THERE MIGHT BE SOME THINGS WE CAN DO TO HELP GREEN SPACES AND THINGS LIKE THAT.

DEFINITELY. I MEAN, I'M ALWAYS WILLING TO WORK.

LIKE I SAID, I'M A GOOD NEIGHBOR.

I DON'T LIKE TO JUST THROW THINGS OUT THERE AND DON'T LISTEN TO PEOPLE.

I FEEL PAIN, JUST AS YOU KNOW, I'M VERY EMPATHETIC ABOUT WHAT'S GOING ON, NOT ONLY WITH THE NEIGHBORS, BUT WITH NATURE ITSELF AND HOW WE HOW WE DO OUR CONSERVATION EFFORTS AND THINGS. BECAUSE, YOU KNOW, WE DO THAT ALL THE TIME.

I'M A LAND DEVELOPER THAT HAS GIVEN ALMOST 30% OF ALL MY LAND DEVELOPED TO A FOUNDATION TO KEEP IN ITS ORIGINAL FORM IN MONTGOMERY COUNTY, BECAUSE IT BREAKS MY HEART TO SEE HIM KNOCKING DOWN ALL THE TREES EVERYWHERE OUT THERE.

SO WHAT YOU'RE TELLING ME IS THAT YOU'VE MADE ALL THE ADJUSTMENTS THAT ARE POSSIBLE WITH THIS.

YOU CAN PUT THIS APPLICATION HERE AND ALWAYS GO BACK AND LOOK AT IT.

OKAY. SO THE QUESTION IS CAN ANY OF THESE BE ADJUSTED NOW AND STILL PROCEED WITH YOUR PROJECT.

RIGHT NOW I CAN'T I CAN'T EVEN MAKE A JUDGMENT CALL ON IT.

I WOULD LIKE TO, BUT I'D HAVE TO GO BACK TO ENGINEERING.

WE'D HAVE TO GO BACK THROUGH THE PROCESS AGAIN.

WE'D HAVE TO ALSO DO THE FINANCIALS ON IT AND WE'D HAVE TO YOU HAVE TO ANALYZE.

THIS IS A BIG PROJECT, A BIG QUESTION, RIGHT? IT'S EXTREMELY COMPLEX.

MANY HOURS OF MEETINGS TO TRY TO GET TO THIS POINT.

AS I HEAR YOU, I HEAR YOU 100%, BUT I HEAR YOU 100%.

YEAH, NO, I GET BUT IT'S 12 REQUESTS AND THAT'S A BIG NUMBER.

IT'S A BIG ASK, AS MR. WALLACE SAID, AND I HAVEN'T HEARD THE BONE YET.

I'M LOOKING FOR THE BONE AND I HAVEN'T.

I HAVEN'T SMELLED IT. I HAVEN'T SEEN IT.

CAN'T TASTE IT. SO, SO THAT'S WHERE I'M AT.

I'D LOVE TO NEGOTIATE IT RIGHT HERE, BUT I WOULD BE UNPREPARED TO DO THAT.

THAT'S THAT'S REASONABLE.

YEAH. OKAY, COMMISSIONERS, I ALSO JUST WANT TO REMIND YOU THAT YOU ALL AREN'T DESIGNING THE PROJECT.

I UNDERSTAND I UNDERSTAND WHAT YOU'RE ASKING IS WHERE COULD THEY MAKE CUTS AND AND THAT'S SOMETHING THEY'LL HAVE TO EVALUATE.

BUT WE DON'T WANT TO GET INTO, YOU KNOW, THE CITY DESIGNING THE DEVELOPMENT.

NO, I UNDERSTAND COMPLETELY. AND THE FLIP SIDE IS I THINK IT'S A BEAUTIFUL BUILDING.

AND THE THOSE BOTH OF THOSE PARCELS, THIS ONE AND TIARA HAVE BEEN VACANT FOR 40 YEARS.

SO I GET IT.

AND I THINK IT'S A BEAUTIFUL PROJECT.

WELL, I TELL YOU, I COULD DEFINITELY BRING THE BUILDING IN IF YOU HELP ME WITH THE FAA.

IF THAT WAS AND AND I'M LIKE I SAY, AS A NEIGHBOR, THE AIRPORT'S A NEIGHBOR, AND I DIDN'T WANT TO DO ANYTHING WITH THE FAA OR EVEN APPLY TO GO INTO THAT ZONE IF IT WOULD AFFECT THE EXPANSION OF THE AIRPORT.

AND IT'S JUST IT WAS IT WAS A LIKE IT WAS A, YOU KNOW, SOMETHING THAT WAS JUST AN IMMEDIATE, OKAY, 150 MAX WE'RE NOT WE'RE NOT MESSING WITH ANYBODY THERE.

IT'S NOT WORTH IT.

THE FINANCIALS DON'T INCREASE AS WE GO UP THAT MUCH.

THE FINANCIALS DECREASE IMMENSELY AS WE GO DOWN.

SO THAT'S A FINANCIAL SITUATION.

IT'S HARD TO EXPLAIN TO ANYBODY THAT IT'S EVEN HARD FOR ME TO UNDERSTAND HALF THAT TIME.

BUT DEEPLY, I DO UNDERSTAND THE PROJECT AND WHAT WE TRIED TO ACCOMPLISH WITH BOTH SIDES BEING A BEAUTIFUL LANDSCAPE AND BOTH SIDES HAVING A GOOD LOOK.

AND I THINK YOU, YOU YOU'D ADMIT THAT THAT BACKSIDE AND EVEN TIERRA WOULD SAY THAT'S AN EXPENSIVE STREET VIEW.

I MEAN, THAT, THAT, THAT THAT VIEW RIGHT THERE.

IT COULD BE A BLOCK WALL WITH JUST SOME WHATEVER, BUT IT'S NOT, IT'S IT'S MULTIPLE MILLIONS OF DOLLARS TO MAKE THAT BACK VIEW PRETTY, AND APPEALING.

AND WE'RE TRYING TO INCREASE THE VALUES.

DEFINITELY DON'T THINK THAT WILL DECREASE ANYBODY'S VALUE.

IT'LL DEFINITELY INCREASE THEM.

I, I'D LIKE TO ADD, BECAUSE THERE ARE A LOT OF DISCUSSIONS ABOUT HEIGHT AND ADJACENCY TO ADJACENT PROPERTIES.

OKAY. CAN YOU STEP FORWARD BECAUSE SO JUST KEEP SO MY APOLOGIES.

YEAH. NO NO PROBLEM.

HE'S A BIG GUY. HE GETS IN THE WAY.

THERE WAS A LOT OF DISCUSSION ABOUT THE ADJACENT PROPERTIES AND THE HEIGHT.

AND I THINK ONE OF THOSE IS IF YOU JUST SAY IT'S 155FT HIGH AND IT'S THIS FAR FROM THE PROPERTY.

HOWEVER, ONLY A SMALL PERCENTAGE IS INVOLVED IN THAT.

THE REST OF IT, MOST OF THE SIDE VIEW IS IS MUCH LOWER DOWN TO THE 20 FOOT 20 FOOT ELEVATION OF SIDE.

SO I THINK THAT WE WOULD BE ABLE TO SHOW THE IMPACT OR HOW WE WOULD DEAL WITH THE IMPACT OF THAT ADJACENCY TO THE ADJACENT PROPERTIES, AND IT IS DEFINITELY OUR INTENT AND DESIGN INTENT TO HAVE A BEAUTIFUL FACADE TO WHATEVER SIDE OF THE BUILDING YOU'RE LOOKING AT AND MAKE, AND HOPEFULLY GIVE SOME COMFORT THAT THEY'RE GOING TO BE LOOKING OUT ON A BEAUTIFUL LANDSCAPE TO A LANDSCAPE WALL OR A GREEN SCREEN WALL, WHATEVER.

IT WOULD SEEM TO BE THE APPROPRIATE DESIGN SOLUTION FOR THAT CONDITION.

SO I DO THINK THERE'S A LITTLE BIT OF MISUNDERSTANDING ABOUT THIS IS NOT A, YOU KNOW, 200 FOOT DEEP BLOCK FACING THE ADJACENT PROPERTY.

[01:20:06]

ANY OTHER QUESTIONS? I GOT ONE QUICK ONE FOR YOU.

IF WE WERE TO DEFER THIS.

GIVE ME A TIME FRAME THAT YOU GUYS THINK YOU COULD WORK IN.

GIVEN SOME OF THE COMMENTS THAT YOU'VE ALREADY HEARD, KEEP IN MIND WE'RE FIXING TO HAVE OUR DISCUSSION AMONGST OURSELVES TO GIVE ME A GIVE ME A TIME FRAME OF WHAT YOU WOULD BE COMFORTABLE WITH IF WE WERE.

I'M NOT SAYING THAT'S WHAT'S GOING TO HAPPEN AT THIS POINT, BUT IF THAT WERE TO HAPPEN.

IS THIS SOMETHING YOU GUYS THINK YOU COULD GET DONE IN? I DON'T KNOW HOW YOU DO IT IN 30 DAYS, BUT, YOU KNOW, MAYBE YOU DO.

SO CAN YOU GIVE ME JUST SOME FEEL FOR THAT SO THAT IF THAT COMES UP IN OUR DISCUSSION, THAT WE WOULD BE ABLE TO AT LEAST MAKE SURE THAT WE PROVIDE YOU GUYS WITH SOME TIME TO TAKE ANOTHER LOOK AT THIS AND, AND COME BACK AND SEE US IF THAT'S WHAT HAPPENS.

SO. IT'S IT'S, IT'S EASIER TO REDESIGN THINGS IN A RENDERING AND ON PAPER TO ACTUALLY GET DOWN TO THE FUNDAMENTALS OF IT.

IT'S A LONG TIME, AND I'D HATE TO.

SO THESE ARE VERY LONG PROJECTS AS IS.

I WOULD DEFINITELY, IF WE DEFER, WHICH I'M NOT AGAINST AS A NEIGHBOR TALKING TO THE NEIGHBORS, I WOULD DEFINITELY CALL.

CALL AN OPEN MEETING WITH THE NEIGHBORS ON BOTH SIDES, AND ADDRESS THEIR CONCERNS BECAUSE MANY OF THE CONCERNS THAT WERE SET AS, OF, OF LIKE, YOU KNOW, THE DUNES ARE SAND.

NO, NO, NO, WE'VE GOT ALL THIS COVERED.

SO THERE'S A LOT OF INFORMATION THAT'S BEING MISSED HERE.

AND, AND, I'D LIKE TO ADDRESS IT WITH THEM.

AND, YOU KNOW, BEING BEING A NEIGHBOR, I'D LIKE TO SIT DOWN WITH EVERY ONE OF THEM.

AND WE CAN DO DEFINITELY A CALL, A MEETING WITHIN TWO WEEKS.

SIT DOWN WITH THEM AT THE LIBRARY OR WHEREVER WE CAN DO A PUBLIC MEETING, AND OPEN IT FOR, THE NEIGHBORS.

I'D LIKE TO NOT DO A GENERAL PUBLIC MEETING BECAUSE THEN OFFERS ALL SORTS OF.

BUT MY NEIGHBORS ARE MY CONCERN AT THIS POINT.

AND, I MEAN, WE CAN SOLVE A LOT OF THE THE ENGINEERING ISSUES AND WE CAN DO, SOME OTHER THINGS.

AND THERE'S, THERE'S I DON'T MEAN TO SAY THAT THERE'S GIVE AND TAKE HERE, BUT WE'VE, WE'VE WE'VE GIVEN A LOT AND WE'VE TAKEN A LOT AWAY FROM THE PROJECT ALREADY.

SO WE CAN SIT DOWN AND LOOK AT THOSE, EACH INDIVIDUAL ONES, IF YOU DISCUSS IT AND SAY, YOU KNOW, HOW DO WE GET A, YOU KNOW, HOW DO WE HANDLE A COUPLE OF THESE VARIANCES? WE CAN TRY TO GET SOMETHING QUICKLY BECAUSE WE'VE, WE'VE, WE'VE GOT THIS PROJECT FOR YEARS NOW.

AND SO IT'S WE DEFINITELY KNOW THE RAMIFICATIONS OF WHAT WE CAN DO AND CAN'T DO.

ON A SUPERFICIAL LEVEL.

AND I UNDERSTAND TIME IS MONEY.

AND MORE IMPORTANTLY, I WANT TO GET COMMUNICATION.

I TOTALLY GET THAT. IT WAS JUST A YEAH.

SO I MEAN, IF YOU WANT TO I MEAN, YOU GIVEN ME AN IDEA.

I WAS JUST ASKING A COUPLE OF WEEKS TO DO A TOWN MEETING WITH THE NEIGHBORS AND GO OVER ISSUES THAT THAT I THINK WE ALREADY HAVE SOLVED AND, AND SHOW THEM MORE, WHAT WE'RE DOING.

YES. I'D BE GLAD TO DO THAT.

AND I'D BE GLAD TO GIVE THEM ALL THE INFORMATION.

AND IN THE SAME BREATH, I WOULD ENCOURAGE YOUR NEIGHBORS TO SIT DOWN.

OH FOR SURE. AND AND YEAH, WE'RE NOT TRYING TO CREATE SOMETHING.

I MEAN, IT WAS ORIGINALLY PLANNED FOR THAT SPOT.

IF ANYBODY HAS THE HISTORY IN MIND WAS A FIVE STORY WOODEN.

CONDOMINIUM PROJECT THAT WAS 55 UNITS AND, NO, THAT WAS THAT WAS A LONG TIME AGO.

NOW NOW WE'RE I THINK YOUR NEIGHBORS WOULD GREATLY APPRECIATE ALL OF THAT AS WELL.

OKAY. ALL RIGHT.

ANYBODY ELSE? ALL RIGHT. THANK YOU. GENTLEMEN.

WE'LL CLOSE THE PUBLIC HEARING AND BRING 20 3P-091.

TO COMMISSION FOR ACTION, AND I'LL MAKE A MOTION THAT WE DEFER.

20 3P-091.

I'LL SECOND. OKAY.

SO WE HAVE A MOTION. AND MY REASONING BEING WE'LL ALSO NEED A DATE.

YEAH. AND UNTIL WHEN'S OUR MEETING NEXT.

AND SAY 30 DAYS NOT THE NEXT ONE BUT THEY NEED ABOUT A MONTH 31 IN MARCH IS MARCH 6TH.

MARCH 6TH. IT IS MARCH 5TH.

MARCH 5TH. OKAY.

SO WE'LL DEFER 20 3P-091 UNTIL MARCH 5TH.

DO YOU NEED A SPECIFIC REASON FOR THE DEFERRAL? AND THE REASON IS, IS THAT WE WOULD LIKE TO DISCUSS SOME OF THE ITEMS WITH, SOME OF THE DEPARTMENTS, SPECIFICALLY THE AIRPORT DEPARTMENT AND THE FIRE DEPARTMENT.

AND SO WE HAVE A MOTION AND A SECOND AND WE'LL HAVE DISCUSSION.

SO WHO WANTS TO START?

[01:25:02]

I JUST WOULD LIKE TO HAVE A QUICK LIST OF SOME OF OUR SHORT ITEMS, AND I'M GOING TO JUST RUN OVER THESE WITH YOU GUYS REAL FAST.

SO SOME OF THEM ARE THE FRONT YARD SETBACK.

WE'VE GOT THE OPEN SPACE.

WE'VE GOT THE SIDE SETBACKS THAT ARE GOING FROM.

WHAT APPEARED TO BE 40 DOWN TO 15 OR WHATEVER IT IS.

WE HAVE THE DENSITY.

THOUGH IT DID NOT COME UP.

THE FA WAS ON, WAS MENTIONED.

AND THEN WE HAVE, OF COURSE, THE HEIGHT AND THE COMMUNITY BENEFITS.

IS THAT KIND OF COVER IT OKAY.

ALL RIGHT. SO WE HAVE A MOTION A SECOND.

ANY OTHER DISCUSSION.

LET'S TAKE A VOTE. ALL THOSE IN FAVOR OF DEFERRAL? SAY AYE. OKAY.

ALL THOSE FOLKS THAT'S APPROVED.

THANK YOU. GENTLEMEN, CERTAINLY APPRECIATE YOUR TIME.

I CERTAINLY ENCOURAGE THE NEIGHBORS TO ITS NEGOTIATION, GUYS.

SO YOU NEED TO SHOW UP WITH THAT THAT IN MIND.

SO GOOD LUCK TO YOU.

ALL RIGHT. MOVING FORWARD, I NEED A BREAK.

YEAH. LET'S TAKE A FIVE MINUTE BREAK.

OKAY. LET'S, WE'LL GET BACK TOGETHER.

LOOKS LIKE WE GOT EVERYBODY HERE.

AND WE'LL CALL THE MEETING BACK TO ORDER.

AND WE'RE GOING TO BE AT 20 3P-003.

[7.C.1. 24P-003 (1 - 40 Clara Barton Lane) Request For A Change Of Zoning In Order To Designate The Clara Barton Neighborhood As A Restricted Residential, Single-Family (R-0) Zoning District. Properties Are Legally Described As Lots 1 – 40, Barton Square, Hall And Jones Survey, In The City And County Of Galveston, Texas Applicant: Development Services Department]

STAFF IS RECOMMENDING APPROVAL.

OF THE PUBLIC NOTICES WE SENT OUT, WE HAD 70, 71 SENT, 22 WERE RETURNED, AND 21 OF THOSE WERE IN FAVOR, AND THERE WAS ONE IN OPPOSITION.

OKAY. THE EXECUTIVE SUMMARY AGAIN, THIS IS A REQUEST TO CHANGE THIS TO OUR ZERO, ZONING DISTRICT.

AND JUST NOTE THAT SHORT TERM RENTALS ARE NOT ALLOWED IN THE R ZERO ZONING DISTRICT.

THE CRITERIA FOR ESTABLISHING THE R ZERO DISTRICT IS OUTLINED IN THE STAFF REPORT.

I'D LIKE TO, FOCUS ATTENTION TO THOSE FIRST TWO LISTED AS.

AND THE 75% OF THE DWELLINGS, MUST BE SINGLE FAMILY OWNER OCCUPIED.

AND IN THIS CASE, THIS NEIGHBORHOOD, 85% ARE OWNER OCCUPIED.

AND THE OTHER IS THAT 75% OF THE OWNERS SHALL INITIATE THIS REQUEST TO REZONE.

AND WITH THIS APPLICATION, 80% OF THE NEIGHBORS, INITIATED THIS REQUEST.

OKAY. AGAIN, STAFF RECOMMENDATION IS FOR APPROVAL, AND CITY COUNCIL HAS THE FINAL DECISION.

AUTHORITY ON THIS REQUEST.

AND THEY WILL HEAR THIS REQUEST ON FEBRUARY 22ND OF THIS YEAR, 2024.

WE HAVE SOME SLIDES HERE.

THE RED LINE OUTLINES THE BOUNDARY OF THE PROPERTIES THAT ARE THAT ARE SUBJECT TO THIS REQUEST.

NEXT SLIDE.

HERE'S JUST A GENERAL VIEW OF WHERE THIS SITE IS IN RELATION TO THE ISLAND VIEW.

NEXT SLIDE. HERE ARE SOME VIEWS OF THE PROPERTIES THAT EXIST WITHIN THIS NEIGHBORHOOD.

AREA. AND THIS IS A SCREENSHOT FROM THE PARK GALVESTON PARK BOARD'S WEBSITE SHOWING THAT THERE ARE CURRENTLY TWO, SHORT TERM RENTALS THAT ARE PROPERLY REGISTERED WITHIN THE THE AREA OF THIS REQUEST.

AND THAT CONCLUDES STAFF'S REPORT.

ALRIGHT. THANK YOU SIR.

ANY QUESTIONS FOR STAFF? ALL RIGHT, I GOT ONE FOR YOU.

AND I THINK WE'VE BEEN OVER THIS BEFORE.

HOW ARE WE DEFINING OWNER OCCUPIED.

THE SAME AS WE HAVE.

BUT. OKAY.

WHAT'S THAT? AND WHAT? WHAT I'M SAYING WITH THAT IS THAT, WE USE THE GALVESTON COUNTY APPRAISAL DISTRICT, AND, WE WE USE WHAT THEY DETERMINE AS BEING, THERE'S AN THEY'RE NOT HOMESTEADED.

THEY'RE EXEMPTION HOMESTEADED PROPERTIES THAT ALL OF THEM HAVE HOMESTEAD EXEMPTIONS.

YES, SIR. IT'S HOT.

I HAVE THE, WOW.

OKAY, WELL, THAT MAKES THAT EASY.

I HAVE ALL RIGHT. THAT'S RIGHT OUT HERE, IF YOU'D LIKE TO.

I SEE, I CAN READ IT FROM HERE.

THANK YOU. DO YOU KNOW, I KNOW WE HAVE TWO STARS IN THIS.

DO YOU KNOW IF WE'VE HAD ANY STR COMPLAINTS WITHOUT ME OPENING UP A HUGE CAN OF WORMS?

[01:30:03]

THERE ARE SOME, RESIDENTS THAT LIVE WITHIN THE NEIGHBORHOOD.

THAT COULD POSSIBLY. FAIR ENOUGH.

ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT, THEN WE WILL, OPEN UP THE PUBLIC HEARING.

IF YOU ARE HERE TO SPEAK ON THIS ITEM, PLEASE COME UP IF YOU'VE ALREADY SIGNED IN.

DOES SHE NEED TO SIGN IN AGAIN? YOU JUST GET TO.

THIS IS WHY I'M HERE.

YEAH. COME ON.

COME ON UP. TELL US WHAT WAS JUST.

I WAS HERE LISTENING AND AND HAD THAT QUESTION UNDERSTOOD.

ALL RIGHT, TELL US WHAT'S GOING ON.

HI. THANK YOU FOR LETTING ME BE HERE TODAY.

I JUST WANT TO SAY THAT I HAVE LIVED ON CLARA BARTON LANE FOR TEN YEARS, AND I'M REALLY PROBABLY ONE OF THE NEWBIES.

THERE'S A LOT OF ORIGINAL HOME OWNERS STILL LIVING THERE, AND THIS COMMUNITY IS VERY CLOSE KNIT. WE ALL KNOW EACH OTHER.

I'M CHEWY'S MOM.

THAT'S MY DOG.

I KNOW EVERYBODY, I KNOW THEIR DOG, I KNOW THEIR CHILDREN.

WE ARE JUST A VERY TIGHT KNIT COMMUNITY.

AND THE THE PRESENCE OF THE THE SHORT TERM RENTALS TRULY WEAKENS THAT AS A SYSTEM.

JUST BECAUSE WE WE DON'T KNOW.

I KNOW WHEN A CAR IS ON THE STREET THAT DOESN'T BELONG THERE.

AND SO WHEN WE HAVE CARS COME IN ON THE WEEKENDS, AND THERE'S ALWAYS MORE THAN ONE TRAFFIC DRIVING UP AND DOWN OUR STREET BECOMES DIFFICULT JUST BECAUSE THERE'S SO MANY VEHICLES IN DRIVEWAYS AND THEN ALONG THE STREET.

AND SO I WAS EXCITED WHEN I FOUND OUT THAT THIS WAS EVEN A POSSIBILITY THAT, OH, WE CAN WE CAN GO AND ASK TO HAVE IT SO THAT WE CAN LIMIT THE NUMBER OF SHORT TERM RENTALS.

THAT'S AWESOME. SO THAT'S WHAT STARTED IT.

AND I'M HOPE THAT YOU APPROVE IT.

AND I'M HOPEFUL THAT CITY COUNCIL WILL TOO.

SO THANK YOU.

ALL RIGHT. ANY ANYBODY ELSE LIKE TO COME SPEAK ON THIS.

THERE. MY BRIDE.

COME ON DOWN. IF YOU DON'T MIND, SIR.

SIGN IN AND STATE YOUR NAME.

MY NAME IS RICK URBANI, SENIOR.

I'VE BEEN LIVING IN CLARA BARTON LANE FOR 21 YEARS.

AND ONE OF THE PROBLEMS WE HAVE ON THESE SHORT TERM RENTALS.

THERE'S NO LIMIT TO THE AMOUNT OF CARS YOU CAN HAVE.

AND ABOUT THREE MONTHS AGO I WAS COMING HOME AND WE ONLY HAD ONE WAY IN AND ONE WAY OUT.

AND AS I TURNED IN.

NUMBER ONE AND NUMBER TWO ARE SHORT TERM RENTALS RIGHT ON THE CORNER.

THAT WAS EIGHT CARS.

I PARKED ON THE SIDEWALK.

THE STREET A VERY NARROW WITH HOMEOWNERS, BUT THEIR CARS.

IF YOU EVER HAD AN EMERGENCY LIKE WE HAD ABOUT.

TWO MONTHS AGO, A FIRE TRUCK AND I'M ASKING THAT WOULD NEVER GOTTEN AROUND TO BIN.

IT'S NOT LIKE INTERSECTION OUT HERE WHERE YOU CAN GO NORTH, SOUTH, EAST, WEST.

YOU GO IN ONE WAY AND YOU COME OUT TO THE OTHER WAY, OR YOU CAN GO GO OUT THE WAY YOU COME IN.

SO IT WAS VERY RESTRICTED.

SO, AND THERE'S SOME, THERE'S SOME OTHER ONES OVER THERE TOO THAT ARE NOT REGISTERED AT A SHORT TERM RENTALS.

SO I WISH YOU WERE APPROVED.

YOU NEED TO CALL THE PARK BOARD ON THOSE.

WELL, I'M SORRY, I SHOULDN'T HAVE SAID THAT.

I'M OKAY TO THE AGENDA.

YEP. SORRY. ARE ZERO.

SO, SO I NEED TO SAY I APPRECIATE YOU APPROVING.

CERTAINLY. THANK YOU. SIR.

YOU DIDN'T STIFFEN UP IN YOUR CHAIR, DID YOU? THAT'S FINE. ALL RIGHT.

ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? THAT'S TOO FUNNY.

ALL RIGHT, WELL, THANK YOU.

AND WE'LL CLOSE THE PUBLIC HEARING.

WE'LL, WE'LL BRING THIS BACK TO THE COMMISSION FOR ACTION.

I'D LIKE TO MAKE A MOTION TO APPROVE OUR CASE.

WHAT IS IT, 20.

WHERE AM I? HERE? CASE 20 4P-003, AS WRITTEN.

[01:35:02]

WE HAVE A MOTION AND A SECOND.

AND ANY DISCUSSION.

YEAH. I JUST WANT TO MAKE ONE COMMENT.

I GUESS FOR ME, I'M.

I KNOW THAT IT'S A, R1.

R0 IS AN AVENUE THAT THE HOMEOWNERS HAVE, BUT I FEEL LIKE TELLING.

I FEEL LIKE BEING ABLE TO OPT OUT OF THIS, YOU KNOW, THE STRONG STRS WHEN EVERYONE ELSE IS HAVING TO LIVE WITH THEM BUT STILL GET THE BENEFIT OF THE TAX, THE TAXING OR THE TAX MONEY TO ME IS, I FIND THAT KIND OF EGREGIOUS.

AND THOUGH THOUGH THOUGH YOU WILL BE ABLE TO GET THE R1, R0 HERE, I DO FEEL LIKE AS LONG AS WE CONTINUE TO DO THIS.

I THINK IT'S UNFAIR TO SOME OF THE OTHER PEOPLE ON THE ISLAND.

OKAY. I HAVE A I HAVE A QUESTION.

FOR STAFF.

SO WHEN THIS CHANGE OCCURS, AND I'VE ASKED THIS BEFORE, BUT I GOT A DIFFERENT ANSWER THE OTHER DAY AND YOU WERE THERE. TIM.

THE WHEN THIS CHANGE HAPPENS, THE GUYS WHO CURRENTLY HAVE STRS.

IF THEY SELL THEIR HOUSE.

WHAT HAPPENS TO THEIR RIGHT TO CONTINUE TO OPERATE THAT PROPERTY AS A STR? BECAUSE I WAS I'VE BEEN TOLD THAT ONE IT GOES WHEN THEY'RE THEY HAVE TO MAINTAIN THEIR REGISTRATION.

THEY DO THEY DO HAVE TO.

AND SO TECHNICALLY, WHEN THEY SELL THEIR HOUSE, THE NEW HOMEOWNER WOULD HAVE TO MAKE AN APPLICATION.

IN THEIR NAME FOR ANOTHER PERMIT TO OPERATE A STR, FOR LACK OF ANOTHER WORD.

I'M CALLING IT A PERMIT.

SO NO.

SO I'M JUST TRYING TO FIND OUT.

HERE'S WHAT I DON'T WANT TO HAPPEN.

I DON'T WANT TO HAVE SOMETHING WHERE THESE REGISTRATIONS ARE THE CATALYST FOR THEM KEEPING THEIR THEIR RIGHT TO CONTINUE TO OPERATE.

THAT THAT PROPERTY.

RIGHT? GO AHEAD FOR US.

WHAT HAPPENS TO THAT PARTICULAR LAND USE, WHICH IS SINGLE FAMILY, RESIDENTIAL OR SHORT TERM RENTAL? WHEN THE ZONING CHANGES, THEN IT BECOMES A NON-CONFORMING LAND USE.

SO IT WOULD BE THE SAME AS SOMEONE OPERATING A RESTAURANT THAT HAS A ZONING CHANGE.

THEN THE NEW OWNERS.

STILL HAVE THE RIGHT TO THAT LAND USE, SO THE NEW OWNERS CAN THEN REGISTER THAT CURRENT LAND USE, WHICH IS LEGALLY NON-CONFORMING OR GRANDFATHERED, BUT THEY WOULD HAVE TO ACTIVELY REGISTER.

CORRECT. OKAY.

DO WE NOTIFY THE STR OWNERS THAT THEIR USE IS BEING THAT THEIR LAND USE BEING CHANGED? AND THAT'S WHAT THEY'RE GOING TO HAVE TO DO? ARE WE GIVING THEM ANY INSTRUCTIONS ON THAT? WELL IN CASES OF WHERE THE PROPERTY CHANGES OWNERSHIP.

NO. SO IN THE CASE WHERE WE'RE CHANGING THE THE ZONING, WE KNOW THAT THERE'S TWO CURRENTLY TWO REGISTERED STRS.

ARE WE PROVIDING THEM.

ARE WE LETTING THEM KNOW WHAT'S HAPPENED AND FOR THEM TO CONTINUE TO OPERATE THAT THAT THEY MUST MAINTAIN THEIR REGISTRATION? DO WE SEND THEM ANY NOTICE TO THAT EFFECT? PROBABLY THAT'S NOT SOMETHING WE WOULD DO FOR ANY LAND USE THAT WOULD BE DEEMED LEGALLY NON-CONFORMING.

SO I GUESS THE ANSWER.

SO HOW WOULD THAT? SO IF I OWN A IF I'M ONE OF THOSE GUYS AND I OWN A STR AND I'M NOT AT THIS MEETING.

AND I DECIDE NEXT YEAR.

HEY, I GOT SOMEBODY WHO'S GOING TO RENT MY HOUSE FROM ME FOR A YEAR, SO I'M NOT GOING TO GO PAY THE STR FEE AND I DON'T DO THAT.

WELL, THEN SOUNDS TO ME LIKE I DON'T MY IF I GO BACK A YEAR LATER AND ASK FOR STR PERMIT, I'M NOT GOING TO GET ONE.

AND MY, MY CONCERN IS, IS.

I DON'T WANT TO BE TAKING SOMETHING FROM SOMEBODY THAT THEY HAVE, AND I DON'T WANT IT TO HAPPEN TO THEM JUST BECAUSE THEY WERE NOT NOTIFIED.

I MEAN, WE NOTIFIED THEY NOTIFIED EVERYBODY THAT THERE WAS GOING TO BE A CHANGE.

SO THEY PROBABLY DID GET SOME NOTICE.

BUT I JUST WANT TO MAKE SURE THAT WHEN WE DO THESE CHANGES, BECAUSE THIS ISN'T THE FIRST ONE WE'VE DONE, THAT THE FOLKS THAT ARE TRULY AFFECTED BECAUSE WE'RE WE'RE TARGETING THESE STR GUYS, WHETHER WE YOU, YOU CAN CALL IT WHATEVER YOU WANT, BUT WE NEED TO MAKE SURE THAT THEY'RE THEY'RE THEY ARE INFORMED OF WHAT'S HAPPENING AND WHAT EFFECT IT'S GOING TO HAVE ON THEM.

[01:40:01]

AND I DON'T KNOW IF WE CAN DO THAT, BECAUSE I KNOW THIS GOES TO CITY COUNCIL AND THEN IT BECOMES AN ORDINANCE.

AND I DON'T KNOW IF WE CAN INCLUDE SOME LANGUAGE IN THAT THAT HAS SOME SPECIFIC DIRECTIONS IN THAT, BUT I JUST DON'T SOMEBODY, ONE OF THESE GUYS ARE GOING TO SHOW UP AND GO, HEY, I DIDN'T KNOW THIS.

AND HE THOUGHT HE WAS BUYING AN STR, SELLING HIS HOUSE AND TOLD THE BUYER HE HAD AN STR AND NOW HE DOESN'T.

SO PUTTING UP ON THE SCREEN THE PROPERTY OWNER NOTICE WE SEND WE FOR THESE ARE ZERO REQUESTS.

WE CAN INCLUDE MORE INFORMATION THAN WE TYPICALLY DO.

SO A TYPICAL NOTIFICATION JUST HAS THIS ONE PAGE THAT SUMMARIZES THE PROJECT AND GIVES YOU INFORMATION ABOUT THE MEETING, DATE AND TIME. SO ON AN R ZERO REQUEST, WE INCLUDE INFORMATION ON THE BACK.

IT'S MUCH MORE DETAILED ABOUT WHAT THE REQUEST IS AND ADDRESSES THAT.

THE MAIN PURPOSE OF THIS IS TO RESTRICT THE USE OF PROPERTIES OF SHORT TERM RENTALS, COMMONLY KNOWN AS AIRBNBS AND BOWS.

SO WE DO PROVIDE MORE INFORMATION THAN WE DO ON A STANDARD REQUEST.

OKAY. WOULD IT BE? AND THIS IS A LITTLE BIT OF A LEGAL THING.

SORRY, GUYS. I KNOW WE'RE RUNNING LATE, BUT.

WOULD IT BE INAPPROPRIATE TO HAVE SOME LANGUAGE IN AN ORDINANCE THAT WE'RE SENDING TO THE COUNCIL APPROVES THAT THAT KIND OF STATES THAT THIS IS WHAT HAPPENS? OR WOULD THAT BE AN.

AS TO REGISTER ANNUALLY REGARDLESS, SO THEY NEED WHOEVER IS RUNNING A SHORT TERM RENTAL NEEDS TO, BE CONTINUOUSLY REGISTERING ANYWAY.

SO IT'S EVEN IF THE PROPERTY HAS A LEGAL NONCONFORMING USE AND IS GRANDFATHERED IN.

RIGHT. THAT WILL STOP IF THEY STOP REGISTERING.

SO IT'S REALLY INCUMBENT UPON THE HOMEOWNER, WHOEVER IT IS, TO BE DOING THAT WORK.

OKAY. ALL RIGHT.

I THINK YOU ALL ANSWER MY QUESTION.

SORRY, GUYS. ALL RIGHT.

ANYTHING ELSE? ALL RIGHT. NO DISCUSSION.

WE'LL TAKE A VOTE. THOSE IN FAVOR? THOSE OPPOSED. SO WE HAVE ONE OPPOSED AND THE REST IN FAVOR.

SO WE WILL GO TO.

20 4P-001.

[7.D.1. 24P-001 (Adjacent To 2802 Avenue M 1/2) Request For A License To Use In Order To Retain An Encroachment. Adjacent Property Is Legally Described As M.B. Menard Survey, South 1/2 Of Lot 8 (8-2) Block 15 Galveston Outlots, In The City And County Of Galveston, Texas. Applicant: Lance Ambourn Adjacent Property Owner: Lance Ambourn Easement Holder: City Of Galveston]

THIS IS ADJACENT TO 2802 AVENUE M AND A HALF.

THIS IS A REQUEST FOR RECOMMENDATION REGARDING LICENSE TO USE FOR AN ENCROACHMENT.

THERE WERE 27 PUBLIC NOTICES SENT.

AND NONE OF THOSE WERE RETURNED.

SO THE APPLICANT IS REQUESTING A LICENSE TO USE THE CITY RIGHT OF WAY TO RETAIN A PORTION OF AN ADDITION TO AN EXISTING STRUCTURE.

THE STRUCTURE WAS SIGNIFICANTLY REMODELED, AND THAT INCLUDED SOME DECKS BEING, COVERED DECKS BEING ADDED.

DUE TO AN ERROR MADE DURING CONSTRUCTION, THE STRUCTURE ENCROACHES APPROXIMATELY BETWEEN 0.3FT TO MAYBE A BIT MORE THAN THAT, SAY SIX INCHES OR 0.5FT IN THE 28TH STREET RIGHT OF WAY. IN 2023, THE APPLICANT RECEIVED A BUILDING PERMIT TO RENOVATE THE EXISTING DWELLING AND ADD NEW PORCHES ON THREE SIDES.

HOWEVER, THE OWNER RECENTLY DISCOVERED THROUGH RESURVEY THAT THE STRUCTURE WAS SLIGHTLY ENCROACHING ON THE RIGHT OF WAY.

SEE EXHIBIT A FOR DETAILS ON THE EXTENTS OF THE ENCROACHMENT.

AND, YOU CAN SEE ON THE SCREEN AS WELL.

SO REQUEST FOR REVIEW AND COMMENT WAS SUBMITTED TO CITY DEPARTMENTS AND OUTSIDE UTILITIES WHO MAY HAVE INFRASTRUCTURE ON THE RIGHT OF WAY.

THERE WERE NO RESPONSES RECEIVED WHICH EXPRESSED CONCERNS OR OBJECTIONS.

THEREFORE, STAFF RECOMMENDS CASE 24 001 LICENSE REQUEST FOR LICENSE TO USE BE APPROVED SUBJECT TO SPECIAL CONDITIONS ONE OR SPECIFIC CONDITIONS RATHER ONE. STANDARD CONDITIONS TWO THROUGH SEVEN.

AND HERE WE HAVE SOME PHOTOS ON SCREEN.

HERE KIND OF HIGHLIGHTED OR CIRCLED ON THE LEFT HAND SIDE SHOWS THE EXTENT OF THAT DECK THAT VEERS JUST A TINY BIT OFF, THE, THE PROPERTY LINE TO THE RIGHT OF WAY. AND WE ALSO HAVE A PHOTO OF THE STRUCTURE AS SEEN FROM THAT SIDE LOOKING WEST.

NEXT SLIDE PLEASE. HERE WE HAVE THE SUBJECT PROPERTY AGAIN.

AND ONCE AGAIN CIRCLED IS THE PART OF THE STRUCTURE THAT DOES ACTUALLY ENCROACH A TINY BIT.

ALSO THE PROPERTIES TO THE EAST, TO THE SOUTH AND TO THE WEST.

AND THIS CONCLUDES STAFF'S REPORT.

ALL RIGHT. THANK YOU. DANIEL. ANY QUESTIONS FOR STAFF? ALL RIGHT. SEEING NONE, WE'LL OPEN THE PUBLIC HEARING.

IS THE APPLICANT PRESENT? YES, SIR. WOULD YOU LIKE TO COME TELL US ANYTHING, OR DO YOU? IF YOU DON'T MIND, SIGN IN AND STATE YOUR NAME.

MY NAME IS LANCE SANBORN.

I'M THE OWNER OF 2802.

BASICALLY WHAT HAPPENED WAS, IS WE BUILT THE PROPERTY WITHIN THE RODS THAT WERE IDENTIFIED.

[01:45:03]

THE NEIGHBOR ON THE BACK END, RAISED A FENCE VERY CLOSE TO THE BACK END OF THE PROPERTY.

THAT WAS OVER THE RODS.

AND SO THE INSPECTOR BASICALLY CALLED FOR A FIREWALL.

AND I EXPLAINED THAT HERE'S WHERE THE RODS WERE, AND IT'S FIVE FEET BACK, AND SO WE SHOULD NOT NEED ONE.

AND, THEY REQUESTED A SURVEY WHEN WE REQUESTED THE SURVEY.

I GOT THE SURVEY AND IT UNEARTHED SOME OF THIS STUFF.

SO WHEN WE LOOKED ON THE CAD ON THE GALVESTON SITE, ALL THE PROPERTIES BY THAT STADIUM.

ALL HAVE ENCROACHMENTS ON EACH OTHER.

THE PLATING ON THAT IS REALLY, REALLY BAD.

AND SO I WOULD HAVE OBVIOUSLY BUILT THAT DECK A FEW INCHES IN IF I WOULD HAVE KNOWN THAT, WITHIN THE RODS.

BUT, YEAH, THOSE CEDAR BEAMS ARE REALLY EXPENSIVE.

AND, A DISABLED VETERAN AND RECENTLY UNEMPLOYED, AND THIS IS MY HOME, AND IT'D BE REALLY EXPENSIVE TO MOVE AT THIS POINT.

SO REQUESTING THAT L2 AND THEN, PROBABLY IN THE FUTURE I'LL BE SEEING YOU, BECAUSE NOW THAT I REALIZE THAT ALL OF US NEIGHBORS HAVE ENCROACHMENTS ON EACH OTHER, I'M ALSO LOOKING TO, HANDLE THE REPLAT AND TRY TO BUY SOME OF THAT PROPERTY BECAUSE I WANT EVERYTHING WITHIN MY PROPERTY.

WE DIDN'T TOUCH THE WEST END, BUT THE EAST END.

WE BUILT THE DECK OUT THE WEST END.

WE DIDN'T TOUCH. IT'S THE ORIGINAL SIDE.

VERY GOOD. THANK YOU FOR YOUR SERVICE.

ALL RIGHT. ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT. THANK YOU SIR.

THANK YOU. ANYBODY ELSE HERE TO SPEAK ON THIS ITEM? IF NOT, WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR ACTION.

I MOVE THAT WE APPROVE 20 4P-001 AS WRITTEN.

I'LL SECOND. SO WE HAVE A MOTION TO APPROVE.

AND A SECOND. ANY DISCUSSION? SEEING NONE, WE'LL TAKE A VOTE.

THOSE IN FAVOR? THAT'S UNANIMOUS.

24, P002.

[7.D.2. 24P-002 (Adjacent To 1114 15th Street) Request For A License To Use In Order To Retain An Encroachment. Adjacent Property Is Legally Described As M.B. Menard Survey, Part Of Lots 13 & 14 (13-3) Block 74, In The City And County Of Galveston, Texas. Applicant: Rachel Spezzapria Adjacent Property Owner: Rachel Spezzapria Easement Holder: City Of Galveston]

THIS IS ADJACENT TO 1114 15TH STREET.

THIS IS ALSO A REQUEST FOR A LICENSE TO USE FOR AN EXISTING ENCROACHMENT.

THERE WERE 30 PUBLIC NOTICES SENT TO RETURNED.

BOTH OF THOSE IN FAVOR? SO THE APPLICANT IS REQUESTING A LICENSE TO USE A CITY RIGHT OF WAY TO RETAIN A PORTION OF EXISTING STRUCTURE.

HISTORIC SANBORN INSURANCE MAPS INDICATE THE STRUCTURE WAS BUILT BEFORE 1912.

SUBJECT PARCEL SITUATED THE INTERSECTION OF 15TH STREET IN THE MID BLOCK ALLEY NORTH OF AVENUE L.

SUBJECT STRUCTURE IS A ONE STORY, A HIGH RAISED HOUSE LOCATED ON THE NORTH SIDE OF THE PARCEL.

APPROXIMATELY 2.6FT OF THE STRUCTURE ENCROACHES INTO THE ALLEY RIGHT OF WAY.

EXHIBIT A, PROVIDES ADDITIONAL DETAILS FOR THE EXTENTS OF THE ENCROACHMENT.

REQUEST FOR REVIEW AND COMMENT WAS SUBMITTED BY CITY TO CITY DEPARTMENTS AND OUTSIDE UTILITIES, WHO MAY HAVE INFRASTRUCTURE IN THE RIGHT OF WAY.

THERE WERE NO RESPONSES RECEIVED WHICH EXPRESSED CONCERNS OR OBJECTIONS.

THEREFORE, STAFF RECOMMENDS CASE 20 4P-002 REQUEST FOR A LICENSE TO USE A PUBLIC RIGHT OF WAY, BE APPROVED SUBJECT TO SPECIFIC CONDITIONS ONE AND CENTER CONDITIONS TWO THROUGH SEVEN.

AND ONCE AGAIN WE HAVE SOME PHOTOS HERE.

SO ON THE UPPER LEFT WE HAVE A, EXCERPT FROM THE SURVEY SHOWING THAT ENCROACHMENT INTO THE ALLEY ON THE NORTH SIDE OF THE PROPERTY.

THERE BELOW THAT, YOU SEE AN EXCERPT FROM THE 1912 SANBORN MAP SHOWING THE LOCATION OF THE PROPERTY RELATIVE TO THE BLOCK.

WE HAVE A PHOTO OF THE PROPERTY, THERE IN THE LOWER RIGHT.

NEXT SLIDE PLEASE. AND HERE WE HAVE THE SUBJECT PROPERTY LOOKING PARALLEL DOWN THE ALLEY.

WE ALSO HAVE THE SUBJECT PROPERTIES, SORRY, PROPERTIES TO THE NORTH, TO THE SOUTH AND TO THE WEST.

AND THIS CONCLUDES STAFF REPORT.

ALL RIGHT. THANK YOU. DANIEL, ANY QUESTIONS FOR STAFF? JUST A QUICK QUESTION. SO THIS WAS THIS IS ANOTHER INSTANCE WHERE IT WAS UNCOVERED AFTER A RESURVEY.

I IF I REMEMBER CORRECTLY, THE APPLICANT HAD WANTED TO DO SOME IMPROVEMENTS ON THE HOUSE, WHICH WOULD BE FINE, EXCEPT THAT WE REALIZED THAT THERE WAS AN ENCROACHMENT AND NO L2 TO COVER IT. I BELIEVE THAT'S WHAT HAPPENED.

OKAY. THANK YOU.

ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? WE'LL OPEN THE PUBLIC HEARING.

IS THE APPLICANT PRESENT? LOOKS LIKE A BOY SCOUT TO ME.

GOOD AFTERNOON. I'M MICHAEL GARTNER.

I'M REPRESENTING RACHEL, AND I'D BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

CERTAINLY. ANY QUESTIONS FOR THE APPLICANT? I THINK WE'RE GOOD.

YOU GET OFF. YOU GET OFF EASY TODAY.

THANK YOU. ALL RIGHT.

WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO THE COMMISSION FOR ACTION.

I MOVE THAT WE APPROVE 20 4P-002 IS WRITTEN.

I'LL SAY. SO WE HAVE A MOTION TO APPROVE.

AND A SECOND. ANY DISCUSSION? SEEING NONE, WE'LL TAKE A VOTE.

THOSE IN FAVOR?

[01:50:01]

ALL RIGHT. SURVEYORS 24 ZA DASH 001.

[7.E.1. 24ZA-001 Request For A Text Amendment To The Galveston Land Development Regulations For A New And Unlisted Land Use Of “Vape Shop”. Applicant: Development Services Department]

CITY COUNCIL DIRECTED THE PLANNING COMMISSION TO DEVELOP RECOMMENDATIONS REGARDING THE REGULATION OF VAPE SHOPS.

YOU ALL DISCUSS THE TOPIC AT SEVERAL WORKSHOPS, AND DIRECTED STAFF TO PREPARE A TEXT AMENDMENT.

SO IN THEIR DISCUSSIONS, THE PLANNING COMMISSION DISCUSSED REGULATING VAPE SHOPS IN A SIMILAR MANNER AS THE REGULATION OF THE SALE OF ALCOHOL AND THEN ALSO LIMITING THE HOURS OF OPERATION.

SO IT'S CURRENTLY CLASSIFIED AS RETAIL COMMERCIAL AND IS ALLOWED IN MANY ZONING DISTRICTS.

WE'RE PROPOSING THE DEFINITION ON THE SCREEN.

I'M SORRY, MA'AM, IF YOU COULD TAKE YOUR CONVERSATION OUT INTO THE HALLWAY.

THANK YOU, THANK YOU.

OKAY, SO WE'RE RECOMMENDING THIS DEFINITION.

THE DEFINITION WAS DEVELOPED THROUGH LOOKING AT OTHER COMMUNITIES DEFINITIONS AND THROUGH, PUBLICATIONS OF THE AMERICAN PLANNING ASSOCIATION.

WE ARE RECOMMENDING THAT THE USE BE PERMITTED BY RIGHT IN LIGHT INDUSTRIAL AND HEAVY INDUSTRIAL.

WE'RE THEN RECOMMENDING IT BE ALLOWED AS A LIMITED USE IN THESE FOUR ZONING CATEGORIES.

NEIGHBORHOOD SERVICES, CENTRAL BUSINESS.

COMMERCIAL AND RESORT.

RECREATION. WE'RE PROPOSING THESE TWO LIMITED STANDARDS.

ONE A MINIMUM DISTANCE THAT THE USE SHALL BE LOCATED AT LEAST 300FT FROM A SCHOOL, CHILD CARE FACILITY, CHURCH AND OR HOSPITAL, MEASURED AS A RADIUS FROM THE PROPERTY LINES OF THE LIMITED USE.

THAT'S VERY SIMILAR TO HOW WE REGULATE ALCOHOL SALES AND THEN HOURS OF OPERATION.

THE USE SHALL NOT OPERATE BETWEEN THE HOURS OF 10 P.M.

AND 7 A.M..

IN DEVELOPING THAT RECOMMENDATION, WE LOOKED AT THE OTHER LIMITED STANDARDS THAT HAD TIME REQUIREMENTS, AND THE USE OF BEING CLOSED FROM 10 TO 7 WAS THE MOST COMMON, AND IT WAS ONE THAT WAS USED WITH RETAIL USES.

SO THAT IS WHAT WE'RE RECOMMENDING.

STAFF. OUR RECOMMENDATION, CITY COUNCIL IS THE FINAL DECISION AND WILL BE REVIEWED AT THE FEBRUARY 22ND MEETING.

ALL RIGHT. THANK YOU. CATHERINE.

ANY QUESTIONS FOR STAFF? YES, MA'AM. DOES THAT GRANDFATHER ANY VAPE SHOPS THAT ARE ALREADY THERE? IT SURE DOES. ANY.

YES, MA'AM. SO IF LIKE WALMART OR BIG BOX STORE IS.

WE HAVE INCLUDED IN THE DEFINITION THIS PHRASE.

THIS DEFINITION DOES NOT INCLUDE ESTABLISHMENTS IN WHICH THE SALE OF VAPING PRODUCTS IS INCIDENTAL TO THE PRIMARY BUSINESS ACTIVITY.

SO IF IT'S WALMART AND THERE'S JUST ONE OF THE THINGS THEY SELL, IT DOESN'T.

THEY'RE STILL RETAIL COMMERCIAL.

THIS IS A DEDICATED SHOP WHERE THE ONLY THING THEY SELL ARE THESE ITEMS. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. PUBLIC HEARING ON THIS PUBLIC HEARING.

ALL RIGHT. WE'LL HAVE A PUBLIC HEARING ON THIS.

ANYBODY HERE TO SPEAK ON THIS ITEM? KYLE, HE'S A BIG.

HE'S A HEAVY VAPOR VAPOR.

THAT EXPLAINS THINGS.

ALL RIGHT, WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO THE COMMISSION FOR ACTION.

I MAKE A MOTION THAT WE APPROVE.

TWO FOR ZA-001.

I'LL SECOND. SO WE HAVE A MOTION AND A SECOND TO APPROVE.

20 4Z-001.

ANY DISCUSSION? SEEING? YES, SIR. SO THE THE LIMITATION ON THE HOURS OF OPERATION ARE IN LINE WITH RESTAURANTS, BARS, LIQUOR STORES.

IS THAT WHAT WE'RE SAYING? WELL, IT'S MORE IN LINE WITH, SOME OTHER KINDS OF USES.

LET ME REFRESH MY MEMORY.

WELL, NO, NOT A LIQUOR STORE. OKAY.

YEAH. SO THE.

YEAH. AND THAT'S REGULATED BY THE STATE.

SO WE DON'T REGULATE THAT. BUT WE HAVE LIMITED LAND USES WITH A LIMITED STANDARD OF THE 10 TO 7.

THEY'RE MOSTLY RELATED TO RETAIL USES SUCH AS DRY CLEANERS, LAUNDROMATS, HEAVY VEHICLE SALES AND BIG BOX RETAIL.

OKAY. ALL RIGHT.

ANY OTHER DISCUSSION? SEEING NONE. WE'LL TAKE THE VOTE.

THOSE IN FAVOR? THAT'S UNANIMOUS.

NOPE. OH, AND ONE OPPOSED.

I'M SO SORRY, ANTHONY.

DULY NOTED.

SO MOVING ON.

[8. Discussion Items]

IT IS, BUT, YOU KNOW, IT'S LATE.

SO, COMMISSION CASE AND DEVELOPMENT REVIEW PROCESS.

THAT WAS SOMETHING THAT HAD BEEN REQUESTED IN THE LAST MEETING.

I THINK IT WAS BY COMMISSIONER RIOS.

I IF IT'S NOT PRESSING, WE COULD MOVE IT TO THE NEXT MEETING, WHICH HAS A SIGNIFICANTLY LOWER CASELOAD THAN WE HAD TODAY.

AND THEN THE OTHER THING WAS JUST THE COMMISSION SCHEDULE.

WE HAD MADE A TYPO ON NONE OF YOUR INFORMATION, BUT ON CBA.

[01:55:04]

SO THAT'S FOR THOSE TWO.

ALL RIGHT. ANY OTHER BUSINESS.

SEEING NONE WE'LL ADJOURN.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.