Mar 05, 2024 Planning Commission

>> I WILL ADD THAT BOTH THIS PROJECT AND TIERRA HAVE REALLY COME TO BEAR WITH SOME REALLY NICE HIGH CEILINGS AND SOME HIGH QUALITY PRODUCTS, BOTH OF THEM.

WHILE THERE IS CERTAINLY SOME HEIGHT DEVIATION THAT IS BEING REQUESTED HERE, THIS IS NOT YOUR TYPICAL EIGHT FOOT CEILING.

>> UNDERSTOOD. WE KNOW SO THE FIRE MARSHAL IS NOT HERE, BUT THE AIRPORT DIRECTOR IS, SO WE CAN WE ASK HIM FOR SOME QUESTIONS?

>> MIKE SHAHAN, I'M THE AIRPORT DIRECTOR.

>> MIKE, HEY, THANKS FOR TAKING YOUR TIME TO COME BE HERE WITH US.

MY FIRST QUESTION WOULD BE THIS IS IN CLOSE PROXIMITY TO THE AIRPORT, OBVIOUSLY, AND WE HAVE SOME OTHER DEVELOPMENT THAT'S GOING TO

[00:20:02]

BE POSSIBLY COMING THAT'S GOING TO BE NEAR THE AIRPORT.

I WOULD THINK A MASTER PLAN WOULD BE TO HAVE COMMERCIAL SERVICE COME INTO OUR AIRPORT AT SOME TIME.

NOW, WHETHER OR NOT THAT EVER COMES TO FRUITION, WHO KNOWS? I THINK THERE HAS BEEN SOME QUESTION OF, WHEN WE START FLIRTING AT THE MAXIMUM LIMITS ON WHAT WOULD BE PERMITTED BY THE FAA ON HEIGHT REQUIREMENTS, HOW WOULD THAT AFFECT THE AIRPORT MOVING FORWARD IF THEY HAD SOMEBODY THAT WANTED TO COME HAVE SCHEDULED COMMERCIAL SERVICE INTO THE AIRPORT?

>> WELL, GOOD QUESTIONS.

I KNOW WE ARE WORKING ON COMMERCIAL SERVICE RIGHT NOW, AND THAT MIGHT HAPPEN IN THE NEXT FIVE YEARS OR SO.

I DO KNOW THERE'S SOME EXISTING STRUCTURES ALREADY BUILT ALONG SEAWALL THAT HAVE PENETRATED THE AIRSPACE.

THAT LIMITS US FROM HAVING BETTER APPROACHES FOR THE AIRCRAFT TO COME AND LAND COMING IN FROM THE SOUTH.

THE ONLY PRECISION APPROACH WE HAVE RIGHT NOW IS LANDING TOWARDS THE SOUTH, COMING IN FROM THE NORTH.

THAT'S ONE OF THE THINGS WE REALLY NEED TO BE CAREFUL ABOUT IS, FOR EXAMPLE, THIS ORIGINALLY IT WAS 1.5 INCHES BELOW THE SURFACE WHERE IT PENETRATES AND COULD BECOME A HAZARD.

THEY'VE LOWERED IT A LITTLE BIT TO ACCOUNT FOR THE LIGHTS THAT THE FAA WILL MOST CERTAINLY REQUIRE, BUT I LOOK AT IT AS, YOU CAN STAND ON THE EDGE OF A HIGHWAY A FOOT AND A HALF AWAY FROM THE EDGE, IS IT SAFE? MORE LIKELY YOU'RE NOT GOING TO GET HIT BY A CAR, BUT OCCASIONALLY YOU MIGHT.

[LAUGHTER] IT'S UNDER THE PATTERN OF THE AIRCRAFT WHEN THEY'RE COMING IN FOR LANDING.

NOT SO MUCH FOR, SAY, THE LARGER BUSINESS JETS AND SO FORTH.

THEY TEND TO DO MORE DIRECT FLIGHT IN AND OUT, BUT IT'S THE SMALLER AIRCRAFT.

FOR EXAMPLE, WE JUST RECENTLY HAVE A FLIGHT SCHOOL, THEY'RE RAMPING UP OPERATIONS AND THEY MAY HAVE UP TO 50 AIRCRAFT FLYING OUT OF THERE.

WE COULD THEORETICALLY GET OVER 100,000 OPERATIONS A YEAR IF THEY TEND TO OPERATE.

RIGHT NOW, WE'RE AT ABOUT 50,000 OPERATIONS A YEAR.

LIGHT AIRPLANES, IF YOU LOSE AN ENGINE, GRAVITY WORKS, YOU START COMING DOWN.

HIGH STRUCTURES RIGHT OFF THE END, EVEN THOUGH THIS PARTICULAR CONSTRUCTION IS OFF TO THE SIDE, IT IS STILL UNDER THE APPROACH PATH.

IF YOU'RE FLYING ALONG THE BEACH OR EVEN COMING IN, I'VE HAD TO FLY OVER DIAMOND BEACH AND IT LOOKS PRETTY CLOSE WHEN YOU'RE FLYING OVER IN THE PAVERIN.

MY CONCERN IS JUST TO MAKE SURE NOTHING EXCEEDS AT 155.6 FEET ABOVE SEA LEVEL BECAUSE IT COULD BE A HAZARD, AND EVEN IF IT MEETS ALL THE REQUIREMENTS, DOESN'T NECESSARILY MAKE IT THE SAFEST THING TO DO.

>> UNDERSTOOD. I GUESS WE'VE RUINED OUR CHANCES TO USE THE APPROACH ON THE OTHER RUNWAY BECAUSE I WILL TELL YOU WHEN YOU FLY IN, I CAN'T REMEMBER WHERE THE RUNWAY IS, IT'S BEEN A WHILE SINCE I'VE DONE THAT.

BUT YOU FLY IN OVER THAT, IT LOOKS LIKE YOU'RE FIXING TO LAND ON TOP OF THE MARAVILLA.

THAT ONE IS CLOSE.

I APPRECIATE THAT ANSWER.

I GOT ONE OTHER QUESTION, NOISE MITIGATION.

IT'S NOT JUST THIS PROJECT, I SEE IT AS WE HAVE MORE AND MORE PROJECTS COMING AND THEY'RE GOING TO BE NEAR THE AIRPORT.

NOISE MITIGATION COULD BECOME AN EXPENSE OF THE AIRPORT BECAUSE IT'S NOT GOING TO BE AN EXPENSE OF THE DEVELOPER OR THE DEVELOPMENT.

THE PEOPLE WHO BUY THOSE UNITS ARE GOING TO BE THE ONES COMPLAINING, AND THEN IT'S GOING TO BE THE AIRPORT'S RESPONSIBILITY TO FIX THE PROBLEM. ANY THOUGHTS ON THAT?

>> WELL, THAT'S THE NUMBER ONE REASON AIRPORTS GET SHUT DOWN IS ENCROACHMENT.

THAT AIRPORT HAS BEEN THERE FOR 92 YEARS, BUT THAT'S NOT A DEFENSE THAT WE WERE THERE FIRST.

IT'S IF THE CITY OR COUNTY ALLOWS DEVELOPMENT AROUND THE AIRPORT TO THE POINT IN DENSITY AND THERE'S NOT NOISE MITIGATION MEASURES LIKE EXTRA SOUNDPROOFING OR WHATEVER, IT ULTIMATELY DOES FALL ON THE AIRPORT.

SOMETIMES YOU HAVE TO BUY THE PROPERTY, SOMETIMES YOU HAVE TO GO IN AND MODIFY THE PROPERTY TO GET IT BELOW THE SOUND DECIBELS.

[00:25:04]

THE ONE BRIGHT THING ABOUT THAT BEING ON THE COAST AND THE STORM WINDOWS AND STUFF LIKE THAT, THE REQUIREMENTS, THAT DOES DOWN THE SOUND QUITE A BIT, OR AT LEAST IT DID AT MY HOUSE.

>> THAT'S ALL I HAD.

I'M HOGGING UP THE TIME HERE.

>> I GOT ONE.

TIM, YOU SAID THAT YOU FELT PRETTY CONFIDENT THAT TIARA WAS GOING TO MOVE FORWARD PRETTY SOON.

THE PROJECT WAS APPROVED BY CITY COUNCIL IN AUGUST OF 2021, AND THERE'S BEEN A NUMBER OF DELAYS.

I DON'T KNOW WHAT THOSE ARE, BUT DO YOU FEEL CONFIDENT THAT IT IS GOING FORWARD?

>> YES, I DO.

WE'VE HAD RECENT DISCUSSIONS WITH THE OWNERSHIP THERE.

>> DO YOU HAVE ANY IDEA WHEN THEY MIGHT GET THE PERMIT?

>> THIS IS NOT ABOUT TIARA, COMMISSIONER.

>> WELL, THEY'RE VERY CLOSELY RELATED BECAUSE MY OPINION ON BEING COMPATIBLE WITH THE SURROUNDING AREA IS GREATLY INFLUENCED WHETHER TIARA IS THERE OR NOT THERE.

IF IT'S NOT THERE, I'VE GOT A DIFFERENT OPINION.

>> I UNDERSTAND. WHAT I WAS GOING TO SAY IS WE REALLY CAN'T GET INTO DEPTH ABOUT PERMITS AND THINGS LIKE THAT.

TIARA IS OR ISN'T NECESSARILY GETTING, BECAUSE I THINK YOU'RE PUTTING TIARA'S SITUATION OUT THERE AND IT'S NOT ON THE AGENDA.

IF WE CAN JUST REALLY CLARIFY OR BE SPECIFIC TO THIS CASE AND JUST TRY TO NOT BEAR TOO MUCH INTO WHAT TIARA IS DOING, I GUESS.

I'M NOT EXPLAINING IT IN MY HEAD AS IT'S COMING OUT OF MY MOUTH, BUT TIARA IS NOT ON THE AGENDA.

IF WE JUST TRY TO PULL BACK FROM WHAT IS TIARA DOING, WHAT TIARA HAD.

>> HE MENTIONED IT SO I WAS WONDERING IF HE HAD A TIMETABLE FOR WHEN THEY MIGHT START CONSTRUCTION BECAUSE IT IS RELATIVE TO MY DECISION.

>> IF I MAY, I THINK THE POINT HE'S MAKING AND WHY WE CAN'T TALK ABOUT IT IS THAT TIARA DOES NOT EXIST AT THIS TIME THAT WE'RE TALKING OF APPROVAL, AND ONE OF THE THINGS THEY LIST IN HERE IS THAT IT'S GOING TO BE SIMILAR TO ADJACENT STRUCTURES.

TRUE. IF WE'RE BASING OUR DECISION ON SOMETHING THAT HAS YET TO EXIST, THAT'S WHAT HE'S GETTING AT.

THAT'S NOT TRYING TO TALK ABOUT TIARA.

I DON'T THINK THAT'S WHAT YOU'RE TRYING TO DO, WE JUST WANT TO KNOW THERE IS NOTHING THERE IN THAT LOT ADJACENT TO THE SOLARIS PROJECT.

>> IT'S CLEARLY UP TO THE DEVELOPMENT SERVICES DIRECTOR TO ANSWER AS HE SEES FIT.

I JUST DIDN'T WANT US GOING DOWN A GRAYISH AREA.

>> SURE.

>> THAT'S ALL.

>> I'LL JUST SIMPLY SAY THAT THE PUD FOR THE TIARA HAS BEEN APPROVED AND REALLY THAT MUCH WE KNOW IS FACT.

WHETHER OR NOT THEY'RE GOING TO FORMALLY APPLY IS OF COURSE UNKNOWN, BUT EVERYTHING I'M HEARING IS THAT THEY WILL.

>> I WOULD ADD THAT TIARA COMPARED TO THIS IS GRAPES AND GRAPEFRUIT.

TIARA, THAT WAS A DIFFERENT ZONING, A DIFFERENT HDDZ, PORTION OF THAT PROPERTY IS BEHIND THE SEA WALLS, SO THERE ARE A NUMBER OF CHARACTERISTICS ABOUT THAT PROPERTY THAT ARE VERY DIFFERENT FROM WHAT WE'RE LOOKING AT TODAY.

THEY'RE BOTH CONDOS, BUT I'M OF THE OPINION THAT THEY'RE APPLES, ORANGES, GRAPES, GRAPEFRUIT, THEY'RE THE SAME, BUT THEY'RE VERY DIFFERENT.

ANYWAYS, MOVING FORWARD, I JUST WANTED TO MAKE THAT COMMENT.

>> I HAVE A QUESTION FOR THE AIRPORT DIRECTOR.

THIS FORM THAT'S REQUIRED TO BE SUBMITTED TO THE FAA, ARE THEY SUPER STRINGENT ON THEIR REVIEWS OF THIS TYPE OF ACTIVITY?

>> IT SAYS FAA FORM 7460-1.

THEY DO LOOK AT IT.

THEY CHECK THE AIRSPACE TO SEE IF IT PENETRATES.

UNFORTUNATELY, THEY'RE PROBABLY NOT AS STRICT AS THEY SHOULD BE.

A LOT OF TIMES THEY'LL COME BACK AND IT'S IN THE OBSTRUCTION, BUT THEY CAN'T REALLY ENFORCE IT.

IT'S NOT UP TO THEM TO ENFORCE, NOT TO DEVELOP THAT AREA IF IT'S AN OBSTRUCTION RELATIVE TO THE CITY.

THEY'LL LIKELY COME BACK AND RECOMMEND LIGHTS OR REQUIRE LIGHTS AND STUFF LIKE THAT.

>> WHERE I'M COMING FROM WITH THIS QUESTION IS BECAUSE WHEN THEY SUBMIT THIS FORM FOR THIS TO THE FAA,

[00:30:02]

IT'S BASED ON THE CURRENT ACTIVITY AT THE AIRPORT OR IT'S JUST ABOUT THE BUILDING?

>> THEY LOOK AT THE PART 77 SURFACE AREAS AND THAT'S STRICTLY WHAT THEY LOOK AT.

I DON'T BELIEVE THEY COUNT THE OPERATIONS OR THE TYPE OF OPERATIONS.

THEY'LL LOOK AT THE TYPE OF CURRENT APPROACHES, SHOULD LARGER AIRCRAFT START USING THE AIRPORT AND STUFF THAT COULD LOWER THEIR APPROACH SURFACES.

>> I GUESS BECAUSE WHAT PROMPTED THAT WAS BECAUSE YOU TALKED ABOUT, THERE'S A POSSIBILITY OF INCREASED USE OF THE AIRPORT WITH THE SCHOOLS AND DIFFERENT KINDS OF AIRCRAFT AND THINGS LIKE THAT, SO YEAH, OKAY. THANK YOU.

>> DO YOU HAVE A QUESTION, REJONE?

>> I DO.

>> GO FOR IT. YOU GO NEXT.

>> AWESOME. I GUESS MY QUESTION IS, NOW THEY WANT A VARIANCE, HAS THE FAA BEEN KNOWN IN THE PAST TO GIVE VARIANCES TO STRUCTURES? SAY FOR INSTANCE, DURING THE BILL, THEY FIND THEY NEED TO BE A LITTLE BIT HIGHER, THEY NEED TO HAVE HIGHER LIGHTS, OR THERE'S SOMETHING THAT HAPPENS THAT CAUSES THEM TO HAVE TO GO A LITTLE BIT HIGHER.

WHAT HAPPENS IF THEY'RE RIGHT ON THAT THRESHOLD?

>> IF SOMETHING CHANGES, THEN THEY WOULD HAVE TO RESUBMIT THE 7460-1.

THEY DO GIVE APPROVAL FOR STRUCTURES THAT PENETRATE THE HORIZONTAL SURFACE.

YOU CAN LOOK AT A LOT OF THE TALL ANTENNA TOWERS AND SO FORTH, THEY PENETRATE UP SOMETIMES 1,000, 1,500 FEET.

THEY'RE PRETTY TALL, AND THERE'S A LOT OF REQUIREMENTS FOR LIGHTS AND STUFF LIKE THAT.

BUT YES, IF SOMETHING CHANGES, THEN THEY STAY LEGAL.

THEY THEY WOULD NEED TO RESUBMIT AND GET APPROVAL.

>> BUT BEAR IN MIND THAT THIS PROJECT IS NOT REQUESTING SUCH A VARIANCE.

THERE IS NO VARIANCE TO THE FAA REQUIREMENTS.

THEY'RE GOING TO COMPLY WITH THE ENUNCIATED STANDARDS OF THE FAA.

>> I WAS JUST ASKING BECAUSE LIKE ALL THINGS IN LIFE, STUFF HAPPENS, SO I'M CURIOUS TO KNOW WHAT HAPPENS SHOULD THERE BECOME SOME REASON THAT THEY REQUIRE AN ADDITIONAL VARIANCE, SOMETHING OUT OF THE ORDINARY.

THEY'RE ON THE BEACH, SO WHO KNOWS WHAT'S GOING TO GO OVER THERE.

>> DOVETAILING ON ALL THIS. THE CURRENT MASTER PLAN DOES NOT INCLUDE A PRECISION APPROACH TO RUNWAY 36.

>> NO, JUST [OVERLAPPING]

>> AND THERE'S NOT A PRECISION APPROACH RUNWAY 32, THEY'RE ALL NON PRECISION.

BUT THAT'S THE CURRENT MASTER PLAN, NOT ANYTHING THAT MAY OCCUR IN THE FUTURE WHERE THERE WILL BE A NEED FOR A PRECISION APPROACH.

IN SUCH, WE'VE ALREADY GOT AN OBSTRUCTION THAT WOULD PRETTY MUCH LIMIT THE MINIMUM COMING INTO 32, AND THIS WOULD MAYBE, ON AN ILS APPROACH NOT AN RNF APPROACH, BUT AN ILS APPROACH, COULD IMPACT THE MINIMUMS WE CAN GET AND MAKE IT A HIGHER MINIMUM.

>> BOTH RUNWAYS, 36 AND 32 HAVE PENETRATIONS ALREADY ALONG SEAWALL, SO I DON'T SEE THE LIKELIHOOD OF GETTING AN ILS INTO THAT.

YOU MIGHT BE ABLE TO GET A GPS APPROACH, BUT IT'S NOT GOING TO BE DOWN TO 200 FEET AND A QUARTER MILE.

IT'LL BE PROBABLY FIVE OR 600 FEET IN ONE MILE VISIBILITY.

I'M SORRY, THE REQUIREMENTS RIGHT NOW FOR 14, YOU CAN GET A QUARTER MILE FROM THE RUNWAY AT 200 FEET ABOVE THE GROUND OR ABOVE THE SURFACE OF THE RUNWAY, AND IF YOU CAN SEE THE RUNWAY AT THAT POINT OR THE RUNWAY LIGHTS, YOU'RE ALLOWED TO LAND IF YOU'RE ON AN INSTRUMENT APPROACH, OTHERWISE YOU GO AROUND.

ALL THOSE GET INCREASED AS PENETRATIONS OR BUILDINGS, OR TREES, OR WHATEVER IS IN THE WAY.

>> OF COURSE, WE'RE TALKING AVIATION HERE, SORRY.

WHEN YOU GET INTO CLASS D AIRCRAFT, LARGE TURBINE AIRCRAFT, THEY HAVE HIGHER STANDARDS, VISIBILITY STANDARDS, AND EVERYTHING.

AGAIN, BECAUSE I HAVE DREAMS OF THE FUTURE FOR THIS AIRPORT, AND ONE OF THEM IS A PRECISION APPROACH BOTH NORTH AND SOUTH BOUND, AS WE GET INTO THAT, THEY'RE GOING TO HAVE TO HAVE A HIGHER MINIMUM TO COME INTO THAT, WHICH MEANS THAT COULD IMPACT THEIR LANDING DISTANCE BECAUSE THERE'S A GLIDE SLOPE AND ALL THAT, SO IT COULD BE PROBLEMATICAL IN THAT SENSE IF WE WENT TO A RUNWAY 36.

>> RIGHT NOW IT'S 32 TO ONE GLIDE SLOPE AND I BELIEVE ON 14 IT'S 51.

>> FIFTY ONE, I BELIEVE, YEAH.

>> THAT'S A BIG DIFFERENCE.

>> ANY OTHER QUESTIONS FOR STAFF?

[00:35:02]

THANK YOU, SIR. WE REALLY APPRECIATE YOUR TIME AND BEING HERE TO ANSWER OUR QUESTIONS.

WE ALSO APPRECIATE THE AUDIENCE PATIENCE TO HEAR US OUT ON SOME OF THIS.

WHAT WE'LL DO IS IF WE HAVE NO MORE QUESTIONS FOR STAFF, WE'RE GOING TO OPEN UP THE PUBLIC HEARING ON THIS CASE.

IS THE APPLICANT PRESENT? [NOISE]

>> HI. GOOD AFTERNOON. MY NAME IS PATTY KNUTSON [NOISE] JOINER WITH KNUTSON, AND WE'RE THE APPLICANT ON BEHALF OF DREW COLLINBERG.

WE ALSO HAVE OUR OTHER TEAM MEMBERS HERE.

WE HAVE DAVID BARNETT WITH EDI.

WE HAVE ANDRE LANGAN WITH EDI.

WE HAVE KEITH MORGAN WITH BERG OLIVER TO ANSWER QUESTIONS.

I THINK THAT'S IT. I'M SORRY, AND EDEN WITH HALLF AND ASSOCIATES OUR CIVIL ENGINEER.

SO WE WANTED TO MAKE SURE WE HAD ALL THE RIGHT TALENT HERE TO ANSWER ALL THE QUESTIONS.

WE WANT TO THANK THE COMMISSION AND THE STAFF FOR HELPING US THROUGH THIS PROCESS.

LET ME BACK UP.

WE'VE ATTEMPTED TO CREATE WHAT THE PUD ALLOWS FOR, IT'S AN OVERLAY ZONE WITH RESPECT TO WHERE WE ARE.

COULD YOU GO BACK TO THE ZONING MAP, PLEASE? JUST TO SET THE TABLE FOR DREW.

ONE OF THE THINGS THAT WE LOOKED AT SERIOUSLY WHEN WE ARE TRYING TO CREATE THE PUD APPLICATION IS, SHOULD WE REZONE IT TO DDC5 TO BE SIMILAR TO EITHER DELAWARE, THE RV PARK, AND/OR TIERRA AND DIAMOND.

IT WAS DETERMINED THAT THE PUD PROCESS ALLOWS US TO HAVE THAT FLEXIBILITY TO DO AN OVERLAY ZONE, AND THEN AS MISS EDWARDS SAID, AND THEN YOU MITIGATE THOSE STANDARDS, AND SO THAT'S THE APPROACH THAT WE TOOK.

WE DIDN'T ASK FOR THE REZONING TO THE HDDZ5 BECAUSE WE WERE GOING TO USE THE PUD PROCESS TO THE OVERLAY.

THE OTHER CONDITION THAT I'D LIKE TO REMIND THE COMMISSION IS THAT THE PUD IS ONLY A CONDITIONAL APPROVAL.

THE CITY CONTAINS ALL OF THE CARDS.

WE HAVE TO COMPLY WITH ALL THE OTHER PERMITS, ALL THE OTHER REQUIREMENTS, STATE, FEDERAL, LOCAL.

AND SO WHAT WE'RE TRYING TO DO IS PROCEED WITH A LOGICAL PLAN FOR THE SITE ITSELF THAT WOULD MEET WITH THE INTENT OF OUR VISION, WHICH IS A QUALITY, SUSTAINABLE FAMILY CONDOMINIUM, HIGH VALUE FOR THE BEACH.

AND THEN ALSO COMPLY WITH EVERYTHING THAT'S IN THE CITY'S COMPREHENSIVE PLAN AND OTHER PROVISIONS OF YOUR ORDINANCES PLUS A GLO PLUS FEMA.

I'M GOING TO GO THROUGH SOME OF THE CHANGES WE'VE MADE, BUT I'D LIKE TO TURN IT OVER TO DREW TO TALK ABOUT HIS VISION, AND WHAT HE'S BEEN DOING ON LOOKING AT THIS, AND WHAT WE'RE PROPOSING GOING FORWARD.

>> THANK YOU VERY MUCH. THANKS TIM.

THANKS FOR THE INPUT ON THE AIRPORT, THAT'S GREAT.

I WOULDN'T BE DOING ANY GLIDE SLOPING WITH A HELICOPTER IN THE FOG.

THIS MORNING IT WAS A LITTLE FOGGY SO I COULDN'T FLY DOWN.

I WAS STUCK ON DRIVING.

LISTEN, WE DID MEET WITH THE NEIGHBORS, AND I'M GOING TO REFERENCE TIARA AND SEASCAPE A LITTLE BIT AND I DON'T KNOW WHERE THE BOUNDS ARE TO THAT NOW BECAUSE I HAVE TO REFERENCE THEM BECAUSE THEY'RE NEIGHBORS AND BASICALLY THEY'RE INPUTTING A LOT OF INFORMATION HERE.

WE MET WITH THEM AND I SAID TO THEM RIGHT AWAY THAT I WANTED TO LOOK MORE ON OUR MEETING AS COLLABORATION AND NOT A NEGOTIATION.

BECAUSE I THINK THERE'S JOINT BENEFITS AND THERE'S JOINT MITIGATION OF ISSUES THAT WE HAVE FOR ALL THREE PROPERTIES THERE.

WHETHER TIARA BE A BUILDING THAT IS UPCLOSE TO OUR MINIMUMS OR MAXIMUMS FOR FLYING IN, THE FAA SETS THOSE AT THAT PLACE.

THEY COULD SET THEM LOWER, THEY COULD SET THEM HIGHER, BUT THAT'S A SAFE AREA SO WE STAY BELOW THAT AS MUCH AS WE CAN.

IF THERE WOULD HAVE BEEN A REQUIREMENT FOR ME TO GO 10 OR 15 FOOT BELOW THAT, I'D BE GLAD TO DO THAT.

THE ZONING, OF COURSE, IS FOR EXPERTS IN THE CONSTRUCTION, AND THE MITIGATION IS FOR EXPERTS TO JUSTIFY WHAT WE'RE DOING THERE.

BUT WE WENT INTO THAT NEGOTIATION PROCESS AND TALKED TO THE NEIGHBORS AND I THINK THEY HAD GREAT INPUT.

STEVE HAD GOOD INPUT ON HIS SIDE.

I'M MINDFUL OF WHAT EACH SIDE HAS AND WHAT THEY'RE DEALING WITH, BUT THERE'S CERTAIN THINGS WE CAN DO AND CAN'T DO AS FAR AS THE PROJECT IS CONCERNED.

I THINK WE DID THE BEST JOB WE CAN AS PULLING IN THE SIDES AND WORKING WITH THE CEILING OF IT AND MOLDING THE PROJECT A LITTLE BIT BETTER TO FIT AND BE MORE MINDFUL OF THE NEIGHBORS.

THAT WAS WHAT THE MEETING WAS ALL ABOUT.

I HIGHLY RECOMMEND MEETING WITH NEIGHBORS ON ANY NEW PROJECT BECAUSE THINGS COME UP THAT YOU DON'T ALWAYS SEE,

[00:40:03]

YOU'RE THINKING OF THE TECHNICAL SIDE.

I'M A BETTER DEVELOPER THAN A PUBLIC SPEAKER, SO BEAR WITH ME JUST A LITTLE BIT TO READ A LITTLE BIT.

I THINK WE'VE MADE ADJUSTMENTS AND I THINK WE BETTER FIT THE SURROUNDING ENVIRONMENT, AND MORE IMPORTANTLY, HAVE A PROJECT THAT PROMOTES HEALTHY COMPETITION WITHOUT UNFAIRLY AFFECTING ADJOINING PROPERTIES.

THERE'S ALWAYS EFFECT ON ADJOINING PROPERTIES.

WHAT I WANT TO DO IS MITIGATE WHAT I THINK IS, FROM MY STANDPOINT OF MY PROPERTY, TOWARDS THE NEIGHBORS NOT BEING UNFAIR TO EITHER SIDE OR HAVING THEM APPLY THINGS THAT ARE UNFAIR TO SAY US BUILDING A BUILDING OR BUILDING SOME PROJECT THERE.

I WANT TO THANK THE TIARA PEOPLE AND THE SEASCAPE PEOPLE FOR ACTUALLY SHOWING UP TO THAT MEETING BECAUSE IT ALLOWS ME TO SEE INTO WHERE THEIR HEARTS STAND ON THE EFFECT THEY MAY SEE OR FEEL FROM WHAT WE'RE PUTTING IN AS A PROJECT.

I'M GOING TO LET OUR TEAM EXPLAIN WHAT'S GOING ON AND HOW WE MITIGATE EACH ASPECT OF IT.

THEN IF YOU CAN, LET ME SAY SOME CLOSING COMMENTS AFTERWARDS.

I'D LIKE TO SPEAK TO THE COMMITTEE AND DO THAT AFTERWARDS, BUT I'D LIKE TO BRING EVERYBODY UP AND GO AT THE TECHNICAL NATURE OF THIS, THEN ANSWER SOME QUESTIONS MAYBE AT THE END OR ANSWER QUESTIONS NOW, IT DOESN'T MATTER, WHATEVER YOU WANT.

BUT I'D LIKE TO MAKE SOME CLOSING STATEMENTS.

IT'S IMPORTANT BECAUSE THIS IS A LARGE PROJECT AND IT'S GOT A LOT OF MOVING PARTS AND IT AFFECTS NOT ONLY THE NEIGHBORS BUT GALVESTON AS A WHOLE. HOW DO YOU WANT TO HANDLE IT?

>> DO YOU MIND IF I CALL YOU DREW?

>> PLEASE CALL ME DREW.

>> JUST TO BE CLEAR, I HAVE EVERY INTENT OF HEARING FROM YOU LAST.

AFTER WE HEAR FROM EVERYBODY, I CAN PROMISE YOU YOU'LL GET A CHANCE TO SPEAK YOUR PIECE.

I THINK THAT'S VERY IMPORTANT AND I THINK IT'S A PART OF THE PROCESS.

I JUST WANT YOU TO KNOW THAT THAT'S NOT GOING TO BE A PROBLEM.

PLEASE CONTINUE.

>> TAKE THE FLOOR AND THEN GO THROUGH EACH PROCESS I THINK.

>> THANK YOU. IN THE STAFF PACKAGE, YOU HAVE A SET OF THE CHANGES, THE MAJOR CHANGES THAT WERE MADE BETWEEN OUR FIRST APPLICATION.

ONE OF THE THINGS THAT WE FOCUSED A LOT ON IS WHERE THE REASON FOR THE STANDARDS, WHY THERE WAS A 40 FOOT SETBACK FOR HDZZ 6 VERSUS 5 AND ONE OF THE COMMENTS AT THE NEIGHBORHOOD MEETING WAS IT WAS DONE BECAUSE WE'RE ONLY PARTIALLY BEHIND THE SEAWALL.

I'LL JUST GIVE YOU A PLANNING ANECDOTAL LESSON.

I DON'T KNOW HOW MANY OF YOU KNOW WHERE SETBACKS CAME FROM, BUT IT CAME FROM THE CITY OF NEW YORK CITY WHEN THEY WERE FIRST SEWN BACK IN THE 1900S.

IT WAS TO KEEP SMELL AWAY FROM THE FRONT DOOR OF THE BUSINESSES AND THE HOUSES.

IT WAS FOR LIGHT AIR, SUN, AND ODOR CONTROL BECAUSE WE HAD HORSE DRAWN CARRIAGES.

OUR SETBACKS HAVE CONTINUED TO BE USED FOR LIGHT AIR AND SEPARATION BETWEEN BUILDINGS AND SO FORTH.

I DON'T THINK THAT THE REASON FOR THE 40 FOOT SETBACK IS BECAUSE OF THE SEAWALL OR THE PARTIAL AREA OF THE SEAWALL, BUT I DO THINK IT'S AN INTERESTING ZONING CATEGORY BECAUSE YOU SEE WE'RE THE ONLY TWO PROPERTIES ON THE SOUTH SIDE THAT ARE IN SIX VERSUS FIVE.

LIKE I SAID, WE LOOKED AT TRYING TO REZONE, BUT IT WAS DETERMINED THAT THE PUD PROCESS COULD SATISFY THOSE STANDARDS.

THE OTHER THINGS THAT WE CHANGED HAD TO DO WITH REDUCING OUR VOLUME OF OUR LOT COVERAGE.

WE WENT FROM 53.8% TO 50.2% I KNOW THE NUMBER OF DEVIATIONS WAS A BIG QUESTION TO THE COMMISSION LAST MONTH.

WE WERE TRYING TO MAKE SURE THAT WE MINIMIZE, TO THE EXTENT PRACTICAL, ALL OF THE DIFFERENT WAYS THAT THE DEVIATIONS ARE APPLIED.

INSTEAD OF ASKING FOR 100% OF DEVIATION, WE'VE GONE DOWN TO LITERALLY DOUBLE DIGITS IN TERMS OF HOW WE CAN DO THAT.

WE'VE ALSO ELIMINATED THE DEVIATION ON THE FLOOR PLATE, AND WE DID THAT BY SQUEEZING OUR SETBACKS FROM, WE ASKED FOR 15.

NOW WE'RE COMPLYING WITH THE SAME SETBACK AS TIARA, OUR NEIGHBOR TO THE WEST.

WHAT I WOULD LIKE TO DO ALSO IS TALK ABOUT [INAUDIBLE] I SENT IT TO KATHERINE AND YOU, BUT I DIDN'T KNOW KATHERINE WAS OUT.

WE SENT IT BY EMAIL THIS MORNING.

[00:45:09]

>> THE OTHER THING THAT WE CONCENTRATED ON WAS THE THINGS LIKE THE DUNE RESTORATION BECAUSE IT IS IMPORTANT TO US AND SOME OF OUR COMMUNITY BENEFITS.

ONE OF THE THINGS THAT WE'RE DOING IS WE'RE PROPOSING A DUNE RECONSTRUCTION AND A GRANT MATCH OF 150,000 DOLLAR FOR DOLLAR TO THE NEIGHBORS FOR [INAUDIBLE] AND TO THE NEIGHBORS FOR TIARA TO TRY TO CREATE A COMMON DUNE PLANTING THAT WOULD BE ALLOWED BY THE GLO, AND WE'RE GOING TO HAVE KEITH TALK ABOUT THAT.

WE ALSO HAD INITIALLY ASKED FOR A ZERO SETBACK ON 3005, BUT WE NOW ARE ASKING FOR ONLY A 10 FOOT SETBACK ON THAT AND THAT WILL ALLOW US TO HAVE A GREEN WALL AND DO SOME PLANTING IN THAT AREA.

WE OFFERED A COUPLE OTHER THINGS TO OUR NEIGHBORS TO THE EAST, TO TIARA WE WANTED TO SEE IF THEY WOULD BE INTERESTED IN A SHARED DRIVE.

CAN YOU SHARE THE SITE PLAN THAT SHOWS THE SIDE BY SIDE DRIVES? IT'S A COLOR SITE PLAN.

KEEP GOING. IT'S THIS ONE.

WE DON'T HAVE THE ACTUAL SITE PLAN IN THERE AT ALL. I'M SORRY.

>> I CAN MAKE COPIES FOR YOU.

>> [INAUDIBLE] I'LL TAKE IT.

>> YOUR FRIENDS AT TIARA DID A NICE JOB [INAUDIBLE] WE CAN SEE THEIR DRIVEWAY.

>> WE HAVE A COMMON DRIVEWAY THAT WE'RE PROPOSING FOR OUR DRIVEWAY ACCESS TO BEACH ACCESS, WHICH IS A 26 FOOT DRIVEWAY THAT WOULD BE ADJACENT TO OUR EAST PROPERTY LINE.

AND THEY'LL HAVE A 27 FOOT DRIVEWAY ADJACENT TO THEIRS.

SO ONE OF THE THINGS THAT WE THOUGHT WE COULD OFFER IS A JOINT BEACH ACCESS DRIVE.

WE'RE STILL IN CONVERSATIONS WITH TIARA TO SEE IF THEY WANT THAT.

WE ALSO DIDN'T GET ANY TAKERS ON THE DUNE RESTORATION GRANT THROUGH THE GALEN FOUNDATION, BUT WE STILL WANT TO OFFER THAT.

ONE OF THE THINGS THAT WE'VE BEEN TOLD IS THE SCOURING OF OUR TRACT OF LAND HERE IS BECAUSE OF THE LOCATION OF THE TRACT OF LAND.

BUT WE REALLY THINK IT MIGHT BE RELATED TO THE FACT THAT WE'VE GOT INCONSISTENT DUNE RESTORATION GOING ON ON THIS WEST END OF THE BEACH.

WHAT WE'RE TRYING TO DO IS COME UP WITH A DUNE RESTORATION PLAN THAT WILL HELP IMPROVE THE MAINTENANCE OF IT.

ONE OF THE THINGS THAT WE ARE WORKING WITH THE CITY ON IS TO DO A DETENTION FALL THAT WILL BE A FRESHWATER COLLECTION THAT WILL ALLOW US TO USE THAT TO WATER THE DUNES, WHICH ONE OF THE REASONS THAT DUNES ARE SACRIFICED DURING STORMS IS THEY DON'T HAVE A FRESH WATER SUPPLY.

WE'RE TRYING TO BE A VERY GREEN DEVELOPMENT TO CREATE THE OPPORTUNITIES THAT WE CAN HAVE.

A DEVELOPMENT THAT IS AS SELF SUSTAINING AS PRACTICAL FOR US GOING FORWARD.

WHAT I'D LIKE TO DO IS INVITE UP KEITH MORGAN TO TALK ABOUT THE DUNES AND THE COMPLIANCE.

AGAIN, OUR PROPOSAL FOR THE PUD IS SUBJECT TO COMPLYING WITH ALL OF THE DIFFERENT ORDINANCES OF THE CITY, THE STATE, AND THE FEDS.

THIS IS THE VERY BEGINNING THAT ALLOWS US TO START OUR PROCESS IN EARNEST BEFORE WE HIRE THE ENGINEERING AND THE ARCHITECTS AND ALL OF THE OTHER EXPERTS THAT GO INTO BUILDING THIS BUILDING.

WE'RE TRYING TO GIVE YOU ASSURANCE THAT WE'RE GOING TO CREATE SOMETHING THAT'S GOING TO BE SPECIAL FOR THE ISLAND ARCHITECTURALLY, SUSTAINABLE ENVIRONMENTALLY, AND HAVE COMMUNITY BENEFITS THAT ARE GOING TO BE IMPORTANT FOR THE ISLAND AS A WHOLE.

>> AS PATTY SAID, MY NAME IS KEITH MORGAN.

I'M WITH BERG OLIVER ASSOCIATES AND WE'VE BEEN CHARGED WITH HELPING WITH THE DUNE RESTORATION PERMIT FOR THIS PROJECT.

CURRENTLY, WHAT WE'RE PROPOSING, WE JUST HAD THE LINE OF VEGETATION SURVEYED ON FEBRUARY 13TH, AND AS Y'ALL PROBABLY KNOW THAT SETS THE STANDARD FOR HOW WE CONSTRUCT OUR DUNE ON OUR SITE.

WE'RE PROPOSING A 20 FOOT SEAWARD SOUTHERN TOE OF OUR DUNE,

[00:50:02]

30 FOOT NORTH TOE OF OUR DUNE FROM THAT LINE OF VEGETATION, AND THEN A 25 FOOT DUNE PROTECTION ZONE SETBACK FROM THAT BEFORE ANY CONSTRUCTION STARTS.

WE'RE IN FULL COMPLIANCE WITH THE GLO STANDARDS FOR DOING CONSTRUCTION ACCORDING TO WHAT THEY CURRENTLY ARE TODAY.

THE ONLY DIFFERENCE BETWEEN US AND WHAT TIARA DID, TIARA DID A PURELY SAND DUNE.

THEY BASICALLY JUST MOUNDED UP SAND TO CONSTRUCT THEIR DUNE, AND WE'RE PROPOSING TO DO ROUND HAY BALES AS A CENTER CORE STRUCTURE THAT'S ALSO BIODEGRADABLE, WHICH IS SOMETHING WE'VE DONE IN THE PAST ON THE ISLAND.

MY COMPANY BUILT THE DUNES FOR PALISADE PALMS ON THE EAST END.

THOSE HAVE BEEN EXTREMELY SUCCESSFUL.

GRANTED, A COMPLETELY DIFFERENT SITUATION IN CREATING A SHORELINE VERSUS ERODING A SHORELINE.

I COMPLETELY UNDERSTAND THAT.

SOME OF THE COMMENTS WE GOT FROM THE ADJACENT PROPERTY OWNERS WAS WANTING SOMETHING MORE OF A STRUCTURED DUNE SYSTEM.

CURRENTLY, THE GLO JUST REALLY DOESN'T LIKE STRUCTURED DUNES SO WE'RE TRYING TO PROVIDE SOME CORE STRUCTURE WITH THE HAY BALES TO SHAPE THE DUNE AND STILL BE IN COMPLIANCE WITH GLO REQUIREMENTS.

THEN AS PATTY SAID, I THINK DREW IS COMMITTED TO WORKING ON AN OVERALL RESTORATION PLAN FOR THE DUNES ALONG THIS PATHWAY.

BUT RIGHT NOW, WE'RE CURRENTLY JUST WORKING ON THIS PROJECT IN PARTICULAR.

>> ARE THERE ANY QUESTIONS OF KEITH ON THE PROPOSED DUNE RESTORATION PROGRAM?

>> CERTAINLY.

YOU MENTIONED INCONSISTENT RESTORATION PLANS, ARE YOU REFERRING TO ONE GUY'S DOING ONE THING AND SOMEBODY ELSE IS DOING SOMETHING ELSE AND YOU GUYS ALL NEED TO PUT HAY BALES IN?

>> I'M NOT DICTATING TO ANYBODY HOW THEY SHOULD CONSTRUCT THEIR DUNES.

THAT'S JUST HOW WE'VE BEEN SUCCESSFUL WITH DOING IT AND THEY SEEM TO HOLD UP REALLY WELL THAT WAY.

I THINK IT'S MORE ABOUT HAVING A SOLID DUNE LINE VERSUS NECESSARILY THE WAY THAT THEY'RE CONSTRUCTED.

BECAUSE CURRENTLY, IF YOU LOOK AT TIARA, THEY HAVE A DUNE, THERE'S NO DUNE IN FRONT OF OUR PARTICULAR PROPERTY, AND THEN THERE'S NO DUNE IN FRONT OF SEASCAPE.

NOW, SEASCAPE DOES HAVE A RETAINING WALL OR I THINK EMERGENCY RETAINING WALL THAT WAS PUT IN AFTER ONE OF THE STORMS. I'M NOT SURE ON THE TIMING ON THAT, BUT IT WAS KIND OF A ONE OFF THING THAT THE GLO APPROVED THAT I DON'T THINK THEY WOULD APPROVE AGAIN.

WHEN YOU HAVE HARD STRUCTURES LIKE THAT, THEN YOU HAVE NO DUNE AND THEN A DUNE YOU'RE GOING TO GET A LOT MORE EROSION OF THAT DUNE SYSTEM.

IF WE COULD HAVE A MORE CONSISTENT DUNE ROW THERE, I THINK IT WOULD BENEFIT EVERYONE.

THE OTHER THING THAT WE'RE PROPOSING IS IRRIGATION OF THE DUNE, WHICH IS REALLY CRITICAL TO GET VEGETATION ESTABLISHED.

BECAUSE ONCE YOU GET VEGETATION ESTABLISHED, THAT FURTHER STRENGTHENS THE INTEGRITY OF THE DUNE AND THAT'S REALLY IMPORTANT.

I THINK TIARA'S PROBABLY ALREADY HAD TO REBUILD.

THERE'S A COUPLE OF TIMES JUST FROM WIND EROSION AND STUFF SINCE THEY CONSTRUCTED IN NOVEMBER.

>> ARE YOU TALKING ABOUT IRRIGATING ALL THE DUNE ACROSS THERE OR JUST DUNE IN FRONT OF YOUR PLACE?

>> THAT'S MORE OF A QUESTION FOR DREW HOW THEY WERE PROPOSING TO DO THAT WITH THAT GRANT THAT HE MENTIONED BUT THAT WOULD BE IDEAL.

>> WE'RE GOING TO BE LIMITED TO THE WATER COMING OFF OF OUR BUILDING.

IT'S A CISTERN. I DON'T KNOW IF FARM PEOPLE YOU MIGHT REMEMBER THOSE.

WE ARE GOING TO USE THAT BULK SYSTEM THAT WE'RE BUILDING UNDER OUR BUILDING TO HELP WATER OUR DUNES.

WHAT WE WERE OFFERING OUR NEIGHBORS IS $150,000, DOLLAR FOR DOLLAR BECAUSE THAT'S WHAT WE'RE GOING TO BE SPENDING ON OUR DUNE SO THAT THEY COULD BUILD A CONSISTENT ONE WHEN WE BUILD OURS SO EVERYBODY WOULD START OUT WITH THAT CONSISTENT APPLICATION.

>> LET ME JUST INTERJECT A LITTLE BIT THERE.

I DO BELIEVE IN A CONTINUOUS STRUCTURE OF DUNES ON THE BEACHFRONT.

WHETHER THE NEIGHBORS WILL ACCEPT OUR OFFER SOMETIMES IS MORE OF A BATTLE THAN US JUST OFFERING THE OFFER, SO THE OFFER'S ON THE TABLE.

I BELIEVE IN THE DUNES AND THE DUNES STRUCTURE.

GETTING PEOPLE TO GET TOGETHER TO HAVE A COMMON GOAL IS A TOUGH JOB, BUT I'M COMMITTED TO DO THAT.

IT'S JUST A MATTER OF BRINGING PEOPLE TOGETHER ON THAT.

I JUST THINK THAT AS WE HAVE HARD STRUCTURES AND SOFT STRUCTURES AND THIS IS JUST NOT REALLY MATCHING UP, YOU'RE GETTING MORE EROSION ON ONE SIDE OR THE OTHER.

AS WE STAND, THERE'S EROSION ON OUR SIDE FROM THE BULKHEAD SO WE'RE GOING TO HAVE TO

[00:55:02]

FIX AND MITIGATE THAT RIGHT AWAY, WHICH IS NOT A PROBLEM.

I DO NOT COMPLAIN ABOUT THAT, BUT I DO THINK IT'S IMPORTANT SOMETIME IN THE FUTURE TO GO AHEAD AND GET A COMMON AGREEMENT ALONG THE FRONT PORTION OF THAT AREA, DUE TO IT BEING AT THE END OF THE SEAWALL, TO ACTUALLY MITIGATE THE PORTION OF THAT NOT ON AN INDIVIDUAL BASIS BECAUSE IF EVERY ONE OF US TAKE THIS INDIVIDUAL ATTITUDE TOWARDS IT, THE JOB JUST WON'T GET DONE.

I DIDN'T WANT TO KIND OF SIDETRACK IT FIRST.

>> JUST SO I'M CLEAR, YOU'RE OFFERING TO GIVE THEM A PORTION OF THE MONEY THAT THEY'RE GOING TO NEED TO GO DO THE SAME THING.

YOU'RE ASKING YOUR NEIGHBOR TO GO SPEND SOME MONEY, BUT YOU'RE GOING TO GIVE THEM SOME?

>> ABSOLUTELY.

>> OKAY. I'LL ASK THEM THE SAME QUESTION.

>> I'M ASSUMING THAT SEASCAPE HAS HAD AN ISSUE WITH THAT OTHER WAY THEY WOULD HAVE PUT THE DUNES IN AND RECONSTRUCTED AND MAINTAINED THEM.

MY FIRST THOUGHT WAS TO HELP OUT ON A ONE-TO-ONE DOLLAR BASIS.

>> UNDERSTOOD.

>> IT'S A SUGGESTION, BUT IT'S NOTHING THAT YOU GUYS HAVE AGREED TO.

>> WELL, WE OFFERED IT TO THEM AND THEY HAVEN'T COME BACK AND SAID YES.

>> OKAY. THANK YOU. ANYBODY ELSE?

>> YOU WANT TO GIVE US INPUT?

>> YEAH, IT WOULD BE THE CITY WHO'S AUTHORIZING THE PROJECTS, NOT GLO.

THE MANMADE DUNES IS PART OF OUR PLAN.

THERE ARE REQUIREMENTS IN THERE.

THEY HAVE TO BE 50 FEET, THEY HAVE 3-1 SLOPES, 75% OF THE BASE ELEVATION OF THE ISLAND CAN'T BE ANY FARTHER THAN 20 FEET OUT.

IF IT'S BENEFICIAL, LET IT GO OUT A LITTLE BIT FURTHER THAN 20 FEET BUT CAN IMPACT BEACH ACCESS.

THAT'S WHAT WE WOULD BE LOOKING AT.

WE COULD LOOK AT THE ENTIRE DUNE SYSTEM AND LOOK AT BUILDING IT THAT WAY.

I DO KNOW IN THE PAST BEFORE I CAME ON BOARD, THERE WERE SOME CONCERNS ABOUT THE HAY BALE DUNES BECAUSE OUR WATER VENTS, ESPECIALLY IN THE ERODING AREAS, HAY BALES WILL GET WASHED OUT AND IMPACT BEACH ACCESS.

THAT IS SOMETHING THAT ANYBODY THAT DOES HAY BALE DUNES ARE REQUIRED TO CONTINUOUSLY KEEP THOSE COVERED AS OPPOSED TO IF YOU JUST HAVE COMPLETELY SAND DUNE.

THAT'S JUST SOME STUFF THAT WE WOULD BE LOOKING AT.

>> PUTTING THEM ON THE EAST END IN FRONT OF PALISADES IS A LOT DIFFERENT THAN PUTTING THEM IN FRONT OF THIS PROPERTY.

>> CORRECT? WE UNDERSTAND.

>> THAT'S APPLES, GRAPES AND GRAPEFRUIT AGAIN.

>> DREW I DON'T WANT TO SPEAK FOR YOU, BUT I DO THINK THAT DREW IS COMMITTED TO THE MAINTENANCE OF THE DUNES AS WELL AND HAS MONEY SET ASIDE WITHIN THE DEVELOPMENT FOR THAT.

>> UNDERSTOOD.

>> KYLE. THIS ISN'T GOING TO BE A GLO APPROVAL FOR THEM TO BE ABLE TO DO.

>> WOULD BE THE CITY.

>> IT COMES FROM THE CITY. THAT'S A GOOD THING.

>> FROM US WE DO COORDINATE WITH THE GLO AND BEFORE ANY WORK THAT DOES OCCUR ON THIS PROPERTY, THERE WILL HAVE TO BE A DUNE CONSTRUCTED BECAUSE IT'S IN THE ENHANCED CONSTRUCTION ZONE, THE RIGHT OF ELEVATION, AND WITHIN THE DISTANCE OF THE CURRENT [INAUDIBLE] DUNE.

THEY HAVE TO BUILD A DUNE TO COMPLY WITH OUR ENHANCED CONSTRUCTION ZONE REQUIREMENTS IN OUR PLAN.

>> I HAVE A QUESTION. TALK ABOUT THIS FRESH WATER RETENTION POND THAT IS SUPPOSED TO WATER THE DUNES.

>> IT'S AN UNDERGROUND CISTERN, NOT NECESSARILY A OPEN WATER POND.

>> I BELIEVE THE WATER IS PUMPED OUT OF THAT INTO THE IRRIGATION SYSTEM THAT THEN WOULD WATER THE DUNES.

I'M NOT FAMILIAR WITH THE DESIGN ON THAT.

>> THAT'S SOMETHING THAT IS LIKE WHAT YOU'RE ASKING YOUR NEIGHBORS TO DO AS WELL.

IF YOU GIVE YOUR NEIGHBORS DOLLAR FOR DOLLAR, IT'S $150,000 BUT YOU WANT THEM TO BUILD THE SAME TYPE OF DUNE THAT YOU'RE BUILDING.

HOW WILL THEY MAINTAIN IT THE SAME WAY?

>> WHAT WE WANT TO DO IS BE GOOD NEIGHBORS AND OFFER THE GRANT SO THAT WE COULD HAVE A CONSISTENT PLAN.

I DON'T KNOW WHERE SEASCAPE WOULD GET THEIR FRESH WATER SUPPLY.

BECAUSE WE'RE BUILDING A NEW BUILDING, WE'RE GOING TO BUILD THAT DETENTION IN A VAULT-LIKE CISTERN SO IT'LL BE ABLE TO BE DONE THAT WAY FROM THE VERY BEGINNING SO IT MAKES IT A LITTLE EASIER TO WATER THE DUNES, BUT WE CAN'T SPEAK TO WATERING ALL OF THE DUNES BECAUSE WE HAVE TO HAVE THE VOLUME FOR THE DUNES IN FRONT OF OUR PROPERTY.

>> IF THERE'S WATER I WOULDN'T DENY ANYBODY THAT, THAT'S FOR SURE.

IN OTHER WORDS, WE'RE ALL THINKING ABOUT THE DUNES AND WHEN WE DO A JOINT OPERATION, EVEN THOUGH WE'RE DOING IT INDIVIDUALLY, ASKING THE CITY TO COMPLY WITH THEIR REQUIREMENTS, I DON'T SEE ANY PROBLEM TRYING TO HELP THE NEIGHBOR'S FUTURE.

WE TRY TO FOCUS OUR EFFECT MORE THAN JUST THE BUILDING WE'RE DEVELOPING.

[01:00:06]

THIS MIGHT NOT BE THE VENUE TO TALK ABOUT CHARITIES AND THINGS THAT WE DO, BUT WE DO AFFECT TARGETED CHARITIES ON SPECIFIC AREAS AS WE DEVELOP IN MONTGOMERY COUNTY WITH VETERANS HERE, WE'LL BE GOING AT THAT ALSO.

IT'S A THING I BELIEVE IN AS FAR AS HOW WE HELP AND REACH OUT TO THE FOOD BANKS AND HOW WE HELP WITH VETERANS ASSOCIATIONS AND HELPING VETERANS.

OUR CHARITIES ARE FOCUSED.

WHEN I DEVELOP, I THINK IT'S MORE IMPORTANT THAT OUR DEVELOPMENT ALSO HAS AN EFFECT THAT IS A BROADER REACHING EFFECT AROUND EACH DEVELOPMENT PROJECT.

I DO CERTAIN THINGS, ENVIRONMENTAL TIE INS TO HOA FEES AND CERTAIN ITEMS THAT FORCE THE PROJECTS ON A LONG-TERM SUSTAINABLE BASIS TO AFFECT THE REGION MORE THAN JUST A SPECIFIC DEVELOPMENT MONEY GRAB.

THIS ISN'T THAT, IT'S A NEW STYLE OF DEVELOPMENT THAT I BELIEVE IN.

I THINK THAT MORE AND MORE PEOPLE SHOULD BE LOOKING AT HOW THEY AFFECT THE AREA SURROUNDING, NOT JUST THAT BUILDING AND THE NEIGHBORS, BUT ALSO AFFECTING OTHER AREAS.

IN OTHER WORDS, WE DO REACH OUT IN MONTGOMERY COUNTY WITH OUR DEVELOPMENTS AND DONATE TO THE VETERANS AND HELP VETERANS BUY HOMES AND DOWN PAYMENTS AND THINGS LIKE THAT.

WE DO MORE THAN JUST DEVELOP.

NOW THAT'S OUTSIDE THE SCOPE OF THIS BUILDING, BUT THAT'S A COMMITMENT OF MINE THAT ORBITS AROUND OUR DEVELOPMENT PROJECTS.

IF THE NEIGHBORS NEED WATER, OF COURSE, WE'RE THERE, OR IF THEY NEED SOMETHING ELSE, WE'RE ALWAYS THERE TO HELP.

AS PEOPLE KNOW HOW I DEVELOP AND GET AWARE OF WHAT I DO AROUND THE PROJECTS, IT'LL BE A LITTLE EASIER TO UNDERSTAND WHY I DO IT, BUT THE NEIGHBORS NEED WATER.

WE'RE ALWAYS THERE. WE HAVE THE SPECIFIC OPPORTUNITY TO TO DESIGN A BUILDING THAT THINKS FORWARD INSTEAD OF BACKWARDS AND THAT HAS AN EFFECT; A BROADER EFFECT.

I DON'T FEEL BAD AT ALL SHARING COSTS ON THE SIDE OF THE BUILDING WITH WITH TIARA.

I KNOW THEY HAVE SPECIFIC LIMITATIONS AND HAVE THOUGHT ABOUT THINGS WHEN THEY DID THEIR BUILDING.

I DON'T MIND DOING COST SHARE WITH THE DUNES AND GOING BACK TO OUR PRIOR CONVERSATION IN THE LAST MEETING WAS, WHAT ARE YOU GOING TO NEGOTIATE WITH THE NEIGHBORS? WE'RE REACHING OUT AND WE'RE TRYING TO GIVE THEM BENEFITS.

HELP THEM WITH THE DUNES.

I THINK AS EVERYBODY CALMS DOWN AND STARTS BEING A LITTLE LESS DEFENSIVE ABOUT IT, THEY'LL REALIZE IT'S A GOOD THING FOR THE COMMUNITY.

>> ANY OTHER QUESTIONS OF KEITH?

>> NO. WELL, I DON'T HAVE ANY.

ANYBODY ELSE? NO. THANK YOU, SIR.

>> THANK YOU GUYS.

>> I'D LIKE TO INTRODUCE DAVID BARNETT AND ANDRE LANGAN WITH EDI.

THE DRAWINGS THAT WE JUST HANDED OUT ARE ALSO DONE AS A RESULT OF OUR MEETING A MONTH AGO AND THEN MEETING WITH OUR NEIGHBORS.

IF YOU'LL LOOK AT THIS DRAWING.

ONE OF THE COMMENTS THAT WE HEARD QUITE A BIT IN THE LAST MONTH IS THAT OUR BUILDING WAS TOO BIG FOR THE SITE, OR THAT OUR BUILDING WAS HAVING TOO MANY DEVIATIONS, SO ONE OF THE THINGS THAT EDI CREATED WAS A COMPARISON SIDE BY SIDE OF SEASCAPE, PROPOSED SOLARIS, AND PROPOSED TIARA, TO SHOW IN CONTEXT HOW THE THREE BUILDINGS ARE CO-LOCATING ON THIS PIECE OF PROPERTY.

THEN RIGHT BELOW THAT, YOU'LL SEE A RENDERING OF A COMPARISON OF WHAT THE BUILDINGS LOOK LIKE IN SCALE.

THIS WOULD BE LOOKING AT IT FROM THE SEASIDE, FROM THE GULF. ANDRE.

>> DAVE, COME ON UP. ANDRE LANGAN WITH EDI.

>> DAVID BARNETT.

>> GOODS, SIGN IN THERE. [OVERLAPPING] SINCE WE'RE USING SHEETS INSTEAD OF THE SCREEN, SO ANYTIME ANYBODY NEEDS TO INTERRUPT AND CLARIFY ANYTHING, PLEASE DO.

>> PATTY ALLUDED TO A LOT OF THE CHANGES THAT WE MADE FROM THE PREVIOUS TIME.

A COUPLE FELL IN THAT SHE DID NOT MENTION WAS THAT IN THE 10 FOOT SETBACK THAT WE'RE GOING TO RESTORE THERE ACTUALLY WAS IN THE ORIGINAL SURVEY THERE WAS A 10 FOOT BUILDING SETBACK IN THE ORIGINAL SURVEY AND WE'RE GOING TO PULL BACK.

IN DOING THAT, I'M GOING TO USE THAT AS ADDITIONAL LANDSCAPE STRIP BECAUSE THE FRONT STREET VIEW ON FM305 WAS A CONCERN LAST TIME, SO WE'LL USE THAT TO PLANT THAT AREA.

ALSO, I HAVE THE RAMP AND THE FACE OF THE ONE STORY GARAGE FRONTING ON THAT.

[01:05:05]

WE ARE GOING TO PLAN FOR A GREEN SCREEN ON THAT RAMP AND ON THE GARAGE AS WELL SO YOU'RE NOT LOOKING AT THE HARSH CONCRETE WALL.

I REALIZE IT'S NOT A BIG DEAL, BUT FOR US, IT'S EVERYTHING WE CAN DO TO TRY TO APPEASE CONCERNS.

THE HEIGHT DROP 16 INCHES IS WHAT I'M GUESSING BASED ON A DOUBLE HEAD LIGHT PUT ON TOP OF THE PARAPET.

NO EQUIPMENT WILL EXTEND ABOVE THE PARAPET HEIGHT.

NEITHER A STAIR ACCESS, AND I'M ACTUALLY NOT PLANNING ANY EQUIPMENT UP THERE FOR IT TO BE ACCESSIBLE FOR ELEVATOR EQUIPMENT OR ANYTHING UP THERE ON THE ROOF.

BUT THAT'S PRELIMINARY.

IF IT TURNS OUT WE HAVE TO DROP THINGS BECAUSE OF THAT, WE WILL.

I'LL PROBABLY USE SOMEWHERE WITHIN THAT ZONE TO STAY AN ACCEPTABLE HEIGHT FOR THE FAA WHEN WE SUBMIT THAT FORM.

FIFTEEN THOUSAND SQUARE FOOT FLOOR PLATE MAXIMUM.

LET'S SEE. MIDRISE TIARA, ELEVATION FLOORS.

>> A QUESTION, PLEASE. YOU'RE SAYING YOU'RE NOT GOING TO HAVE AIR CONDITIONING UNITS AT ALL ON THE TOP OR AN ELEVATOR SHAFT?

>> WE'RE GOING TO HAVE A CENTRAL PLANT ON TOP OF THE GARAGE.

THAT'S GOING TO BE MORE EXPENSIVE TO DO THAT, BUT THAT'S WHAT WE'RE CURRENTLY PLANNING TO DO IS DO A CENTRAL PLANT AS OPPOSED TO DOING A SPLIT SYSTEM WITH CONDENSING UNITS AND THEN THE AIR HANDLER INSIDE EACH INDIVIDUAL UNIT, WE'D DO IT FROM A CENTRAL PLANT AND THEN PIPE IT UP TO ALL THE UNITS.

AGAIN, THAT'S THE PRELIMINARY STAGE AND I CAN TAKE IT SO FAR, AND THEN WE NEED TO COME AND MEET WITH YOU ALL TO SEE IF THE PROJECT IS LEGITIMATE OR VIABLE.

WHEN WE DECREASE OR INCREASE THE SIDE SETBACK FROM 15 TO 25, I KNOW IT'S NOT 40, BUT THAT ADDITIONAL 10 FEET HURT, AND IT ALSO HURT ON THE NORTH END.

IT CRUNCHED THE BUILDING, BUT IT GOT ME.

THERE WAS ONE LESS DEVIATION I NEED, I CAN STAY WITHIN THE 15,000 MAXIMUM FLOOR PLATE FOR MIDRISE TIARA WHICH IS FLOORS SIX AND ABOVE, I BELIEVE WAS WHERE IT IS.

WE'RE NOT ASKING FOR THAT DEVIATION ANYMORE. I'M SORRY. GO AHEAD.

>> GOING FROM 15 TO 25 TIMES TWO WAS A 20 FOOT REDUCTION, AND YOU'RE SAYING THAT YOU TOOK THAT OUT OF THE FLOOR PLANS?

>> I DID. IF YOU CAN THINK OF THE FLOOR PLAN LIKE AN INVERTED U THAT FACES OUT TO THE BEACH.

THAT U IS WHERE THE POOL IS.

THAT'S THE POOL DECK THAT'S UP ON TOP OF THE PARKING GARAGE ON THE BACK SIDE.

I'VE SQUEEZED THAT POOL DECK SMALLER BECAUSE I CAN ONLY MAKE THESE UNITS SO SMALL, AND THEN THEY'RE JUST NOT SELLABLE.

I HAVE TO TAKE SPACE AND START TO REDUCE THE PUBLIC SPACE THAT THE RESIDENTS ARE USING INBOARD.

YOU DON'T SEE ANYTHING ON NORTHEAST, SOUTH OR WEST EXPOSURE EXCEPT THAT THE BUILDING GOT SMALLER.

I LOST ABOUT 6,000 SQUARE FEET OUT OF THAT BUILDING BY DOING THAT DECREASE, BUT I WAS ABLE TO RECAPTURE AS MUCH AS I COULD TO STILL MAKE IT FOR 11 FLOORS AND STILL GET 80 UNITS IN THERE. DOES THAT MAKE SENSE?

>> I WANT TO JUST CLARIFY SOMETHING.

I KNOW THE FIRE MARSHAL IS NOT HERE, BUT IN OUR FIRST REVIEWS WITH THE FIRE MARSHAL, AND I THOUGHT I ALLUDED TO IT LAST TIME, THAT WAS JUST AN INITIAL REVIEW.

HE DIDN'T REVIEW A BUILDING, NO STACK IN THE BUILDING, NO FIRE APPARATUS IN TERMS OF ELEVATORS ACCESS, IT WAS STRICTLY ACCESS TO THE PROPERTY BECAUSE WE WERE HAVING AN ISSUE WHERE TEXTOT WOULD NOT GIVE US TWO DRIVES, BUT FOR THIS TYPE OF A DEVELOPMENT, AT THIS HEIGHT, TWO DRIVES IS WHAT'S REQUIRED.

BUT THE FIRE MARSHAL SAYS, I DON'T WANT TO GO TO BATTLE WITH TEXTOT.

I'LL DEFER TO THEM ON THAT BECAUSE, YES, THERE'S TOO MANY DRIVES THAT DROP OUT ONTO FM 305.

IF TEXTOT SAYS THAT, I CAN LIVE WITH THAT, AS LONG AS YOU CAN SHOW ME THAT YOU CAN GET ME ACCESS FOR MY FIRE APPARATUS TRUCK TO GET ON THE PROPERTY, GET BACK OUT, GIVE ME THE HYDRANTS WHERE I NEED THEM, GIVE ME AN FDC LOCATION FOR THE BUILDING, ALSO GIVE ME A 13.5 CLEARANCE IN THE GARAGE.

THAT'S WHAT HE REVIEWED AND HE SAYS BASED UPON THAT, I COULD GO FORWARD WITH THAT.

AGAIN, OTHER PARTS OF THE BUILDING WILL COME LATER, BUT THAT WAS MORE LIKE, WILL THIS SITE WORK? THAT WAS MY BIG QUESTION FOR HIM.

WILL THE FIRE DEPARTMENT LIVE WITH THAT? THAT'S PRETTY MUCH IT IN TERMS OF THE CHANGES THAT CAME ABOUT.

>> DID YOU WANT TO TALK ABOUT THIS?

>> I HAVE A QUESTION FOR YOU GUYS.

I'M LOOKING AT THIS PICTURE AND SEASCAPE'S LOOKS LIKE A POP UP TENT,

[01:10:01]

YOUR BUILDING LOOKS LIKE A MCMANSION.

HOW DO YOU GUYS JUSTIFY THAT SCALING? THIS IS GOING TO COME UP HERE WHEN EVERYBODY GETS A CHANCE TO SPEAK, SO I'M NOT TRYING TO BE FACETIOUS, I'M LOOKING AT THIS GOING, HOLY COW.

>> THAT'S A GREAT QUESTION. I AGREE WE'RE NOT TALKING ABOUT TIARA WITH ALL DUE RESPECT, BUT YOU SEE TIARA NEXT TO IT.

NOW, WE ARE 10 FEET, 6 INCHES HIGHER. RIGHT, STEVE?

>> WE'RE NOT TALKING ABOUT TIARA.

>> NO, I'M JUST TALKING ABOUT BUILDING MASSING.

YOU CAN'T READ IT ON THAT LITTLE DRAWING, SO I WISH IT WAS ON THE SCREEN TOO, BUT WE'RE 25 FEET AWAY FROM OUR WEST PROPERTY LINE AND SEASCAPE'S NEAREST BUILDING BASED ON GOOGLE EARTH IS 95 FEET AWAY. THAT'S WHAT THAT DIMENSION IS.

>> ALL OF THAT IS THEIR PROPERTY.

>> ALL THAT'S THEIR PROPERTY.

BUT A CONCERN DID COME UP THAT WE WERE RIGHT ON TOP OF THEIR UNITS AND THEY DIDN'T HAVE ANY VIEW AT THAT POINT, SO WE ARE OVER 100 FEET AWAY, IF YOU TOOK OUR 25 PLUS OUR 95 JUST FOR THE PLAYING FIELD.

>> THANKS FOR ANSWERING THAT.

>> BUT YOU'RE RIGHT, IT'S PRETTY REMARKABLE AND WHAT YOU'RE SEEING IN THERE ON THE PICTURE OF SEASCAPE, AND I'M SORRY Y'ALL DON'T HAVE THE BENEFIT, I WISH IT WAS ON THE SCREEN, IS I TOOK THAT OFF OF SEASCAPE'S WEBSITE.

I TOOK A ELEVATION VIEW FROM PHOTOGRAPH FROM THE BEACH RIGHT ON THAT WALK OVER.

>> BUT YOU FEEL PRETTY CONFIDENT IT'S TO SCALE?

>> YEAH BECAUSE IT LOOKS LIKE THEY ARE ABOUT A 10-10.5 FOOT FLOOR TO FLOOR HEIGHT, AND THAT'S WHAT I'VE USED IN ORDER TO SCALE.

THEN I FIT IT WITHIN THE MAP OF GOOGLE EARTH ON THE PLAN, WHICH IS WHY YOU SEE THE PLAN OF THE THREE DEVELOPMENTS UP ABOVE AND THEN THE ELEVATION BELOW.

BUT BOY, ONCE YOU DO THAT, THE LAYERING OF THESE THREE PROJECTS, IT'S PRETTY AMAZING. I AGREE.

>> I WANT TO TALK ABOUT THE AREA CALCULATIONS.

>> ANY OTHER QUESTIONS?

>> [OVERLAPPING] WITH THEIR AREA CALCULATION.

>> I'D LIKE TO SAY SOMETHING.

>> CERTAINLY, WE WANT TO HEAR IT ALL.

>> IT IS A BEAUTIFUL BUILDING AND I'M GOING TO TELL YOU THEIR HANDS DOWN.

>> THEY'RE TOO BEAUTIFUL.

>> IT'S HARD TO ARGUE THAT THAT IS NOT A BEAUTIFUL BUILDING.

I'M GOING TO GIVE YOU THAT, ALL DAY LONG AN

>> I DON'T WANT TO REFERENCE TIER, BUT WE'RE REFERENCING THE AREA IS A BEAUTIFUL BUILDING ALSO AND IT'S VERY BIG.

I THINK IT'S BIGGER THAN OURS SQUARE FOOT, CORRECT? I THINK IT IS.

THEY'RE A LARGER BUILDING THAN US, FOR THE SYLLABLE SQUARE.

NOW, THE ARCHITECT WOULD KNOW MORE ABOUT THAT.

BUT WHAT WE TRIED TO ACHIEVE IS A BEAUTIFUL BUILDING.

I MEAN, THAT'S THE MOST IMPORTANT THING HERE, UNDERLYING THE FACT THAT WE HAVE TO SELL EVERY ONE OF THESE UNITS AND MAKE IT A VIABLE PROJECT THAT HAS A LIFESPAN MUCH LONGER THAN YOURS AND MINE.

MAKING SOMETHING THAT IS A MCMANSION HERE.

>> I HOPE YOU DIDN'T KNOW OFFENSE.

>> NO, BUT ACTUALLY IT SOUNDS REALLY GOOD.

I LIKE THAT, BUT IT'S OUR POINT TRYING TO MAKE SOMETHING BEAUTIFUL AND TRYING TO MAKE SOMETHING THAT'S AN ICONIC ADDITION TO THAT SKYLINE.

WHEN PEOPLE DRIVE PAST THAT, IT'S LIKE, WOW, THOSE ARE TWO BEAUTIFUL BUILDINGS THEY ADD TO THE COMMUNITY.

WE'RE TALKING ABOUT IT'S ANOTHER 80 FAMILIES FOR ME COMING TO THIS AREA.

AND IS THERE ROOM FOR ANOTHER 80 FAMILIES? I THINK SO.

IS THERE ROOM FOR THAT HEALTHY COMPETITION BETWEEN THE TWO BUILDINGS? I THINK SO. DOES IT ADD TO THE AREA? THAT'S WHAT I TRIED TO ACHIEVE.

AND SO I TRIED TO ACHIEVE AN ICONIC BUILDING.

WE CAN TWEAK THESE THINGS ALL DAY AND ALL NIGHT.

I CAN SHRINK THEM. WE CAN SHRINK THE UNITS.

ALL THE LITTLE METERS GO BACK AND FORTH.

AS FAR AS FINANCIAL VIABILITY, ENVIRONMENTAL IMPACT, NEIGHBORLY IMPACT, THESE THINGS MOVE AROUND.

BUT EACH TIME YOU MOVE AND TWEAK THAT BUILDING AND CHANGE IT, ONE OF THOSE METERS DROPS WE CAN TAKE OUT.

WE TOOK OUT, I THINK, AROUND 2,000 SQUARE FEET OF SELLABLE SPACE THERE, A COUPLE OF MILLION DOLLARS IN THE BOTTOM LINE.

AND I'M NOT COMPLAINING ABOUT THAT, I DON'T COMPLAIN ABOUT, I'M WILLING TO DO THAT BECAUSE WE'RE TRYING TO MATCH A PROJECT YOU SIDE BY SIDE.

YOU KNOW, I'M WILLING TO HELP ON THAT POINT.

IT'S REALLY ABOUT THE TWO OR $3 MILLION THAT WE LOSE WHEN WE TAKE SHRINK THINGS AND MOVE IT AROUND.

IT'S REALLY ABOUT A SUCCESSFUL PROJECT THAT IS A BEAUTIFUL PROJECT.

LOOK, I LOVE THE TIERRA AND I RESPECT STEVE'S ABILITIES AND I APPRECIATE HIS ACHIEVEMENTS IN THE AREA OVER THE YEARS, I WOULD HAVE LOVED TO HAVE HIM ON THE PROJECT, WITH US INPUTTING WHAT WE'RE DOING, BUT HE WAS GRABBED BY THE TIER.

BUT IT'S ALL ABOUT ICONIC STUFF IN THE BOTTOM LINE.

[01:15:04]

>> I UNDERSTAND. THEN, IN ALL FAIRNESS DREW, EVERY TIME YOU ADDED A DEVIATION, PUSHES IT, PEGGED THE METER THE OTHER WAY.

>> I KNOW.

>> WE'LL DISCUSS THAT IN SOME DETAIL.

BUT JUST KEEP IN MIND, I'M ONLY ONE VOICE, ONE VOTE.

BUT WHEN I LOOK AT THIS, IT'S NOT JUST ONE SINGLE VARIATION.

IT'S A COMBINATION OF A LOT OF THEM AND WHEN YOU START PUTTING THEM TOGETHER, YOU KNOW, IT PEGS THE METER AND IT'S TROUBLESOME.

>> I AGREE.

>> LOOK, IT'S A BEAUTIFUL BUILDING.

WHAT I REALLY WISH, I REALLY WISH IT WAS ON THE OTHER END OF THE SEAWALL AND WE WOULD BE LIKE, MAN, THAT'S GOING TO BE A GREAT PROJECT, BUT THAT'S NOT WHERE WE'RE AT.

>> WE WISH THEY HAD MORE PROPERTY IN THERE.

>> ONCE AGAIN, I TRULY APPRECIATE YOU GUYS BEING HERE.

WE'RE TRYING TO FIND THE MIDDLE ROAD.

>> THEN THE NEGOTIATION SIDE COMES IN.

BUT I TRIED TO COLLABORATE WITH EITHER SIDE, AND WE WANT TO NEGOTIATE WITH EVERYBODY, BUT LIKE I SAID, THE METERS TIP OFF.

IF I TAKE ANOTHER FLOOR OFF, WE LOSE THAT.

WE LOSE LIKE $6,000,000 ON THE BOTTOM LINE.

AND WE CONTINUE TO LOSE GROUND WHERE IT BECOMES A PROJECT THAT I HAVE TO SHRINK THE UNITS AND THEN THERE'S DIFFERENT FINANCIAL CONSTRAINTS AS WE GO INTO CHANGING IT MORE AND MORE, BUT I GUESS A [OVERLAPPING]

>> UNDERSTOOD AND IT'S HARD. ANY OTHER QUESTIONS?

>> THEN JUST ONE ADDITIONAL CONSIDERATION FOR MY SHOALS.

ONE OF THE THINGS ABOUT MID RISE BUILDINGS IS THEY'RE BUILT A CAP FIVE STANDARDS.

THE NOISE ATTENUATION ON A HIGH RISE OR A MID RISE IS MUCH DIFFERENT THAN NOISE ATTENUATION ON A STICK BUILT BUILDING OR A SINGLE FAMILY WOOD FRAME.

I'VE DONE RELOCATION FOR BUSH AIRPORT, I KNOW WHAT HAPPENS WHEN THE NEW RUNWAY GOES IN AND THOSE HOUSES THAT WERE BUILT THERE BEFORE THE RUNWAY WAS, THERE HAVE TO BE NOISE ATTENUATED.

BUT IN OUR CASE, BECAUSE WE ARE BUILT TO CAP FIVE AND BECAUSE IT'S SUCH A HIGH QUALITY CONSTRUCTION, IT'S ALMOST HAS BUILT IN NOISE ATTENUATION.

BUT WE WILL VERIFY THAT WITH EDI AND EVERYBODY ON THAT TO MAKE SURE THAT THAT DOESN'T BECOME AN OBLIGATION OF THE CITY GOING FORWARD.

>> THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT THIS TIME? WE'LL GIVE YOU GUYS A CHANCE TO COME BACK UP.

EVERYBODY ELSE, THANK YOU SO MUCH FOR YOUR PATIENCE.

I HOPE THAT YOU'VE GARNERED AS MUCH INFORMATION AS WE HAVE AND WE WANT TO HEAR YOU GUYS.

SO WHAT WE'RE GOING TO DO IS WE'RE GOING TO START OVER HERE ON THIS SIDE.

ARE YOU WITH SEASCAPES?

>> ME?

>> YES. IF WE DON'T MIND, WE'LL START RIGHT HERE IN THE FRONT, ON THE RIGHT.

IF YOU DON'T MIND, COME UP HERE.

DONNA, I GOT A QUESTION.

WOULD IT BE APPROPRIATE WHERE WERE THESE GUYS HAVE TALKED ABOUT HOW THEY'VE HAD SOME CONVERSATIONS WITH EACH OTHER? I KNOW IN A PUBLIC HEARING FORMAT, TYPICALLY WE ARE HEARING FROM INDIVIDUALS ONLY WITH NOT BEING ABLE TO ASK ANY QUESTIONS.

WOULD WE DEVIATE FROM THAT AND BE PERMITTED TO ASK A QUESTION FROM SOMEBODY WHO'S IN CHARGE OF THE HOA.

I DON'T WANT TO I DON'T WANT TO HAVE Q AND A WITH EVERYBODY HERE, BUT I THINK HIS CASE IS A LITTLE BIT DIFFERENT.

>> I MEAN, THAT'S I WOULD SAY THAT'S THE CHAIRMAN'S CALL IF IT'S TRULY TRULY SOMETHING THAT NEEDS TO BE ANSWERED.

BUT I WOULD SAY THAT YOU HAZARD THE HEARING TO BE OPEN UP TO ADDITIONAL FOLKS WANTING RESPONSE TO THAT.

>> WE'RE NOT DOING THAT.

>> I'D RATHER KEEP TO HOW WE HAVE PERFORMED IN THE PAST, WHICH IS THREE MINUTES.

>> BUT I HAVE A LITTLE DISCRETION AND YOU'RE ON STANDBY WITH THE WHISTLE, SO I GET IT.

>> I PERSONALLY WOULD SAY THERE REALLY ISN'T ANY DISCRETION.

THIS IS JUST COMMENT TIME.

>> FAIR ENOUGH.

>> I WOULD KEEP IT THERE.

I KNOW MOST OF YOU GUYS HAVE BEEN HERE BEFORE, SOME OF YOU WHO ARE HERE ARE NEW.

WE DO HAVE A THREE MINUTE RULE.

WE ASK THAT YOU PLEASE TRY AND COMPLY WITH THAT BECAUSE I DON'T WANT TO HAVE TO TELL YOU TO BE QUIET AND SIT DOWN.

I THINK THERE'S A LITTLE CLOCK UP HERE AND THE MIC TURNS ON AND I'LL REMIND YOU THAT YOU'RE OUT OF TIME.

WE DO WANT TO HEAR WHAT EVERYBODY HAS TO SAY.

IT IS IMPORTANT. WE'LL START. YES, SIR.

>> THANK YOU VERY MUCH. MY NAME IS STEVE SHRACAMP.

I'M THE TREASURER OF THE HOA AT SEASCAPE,

[01:20:02]

AND I'M ALSO AN OWNER OF 2214.

I WAS BORN AND RAISED IN HOUSTON.

I'VE BEEN COMING TO GALVESTON MY WHOLE LIFE.

WENT TO A FIELD TRIP ON THE ALYSSA WHEN I WAS A KID, COMING HERE FOR THE WEEKENDS.

I CONSIDER GALVESTON A HIDDEN GEM, HIDDEN BECAUSE IT HAS A SUBTLE CHARM TO IT.

WE HAVE NO OPPOSITION TO DEVELOPMENT NEXT DOOR, WE JUST WANTED TO ADHERE TO THE LAND DEVELOPMENT REGULATIONS.

THESE LDRS WERE WRITTEN, AND ADOPTED BY OUR PREVIOUS PLANNING COMMISSION, CITY COUNCIL, MAYOR AND DEPARTMENT OF DEVELOPMENT SERVICES.

I BELIEVE THESE LDRS WERE PASSED FOR A REASON.

ONE REASON WOULD BE TO PROVIDE GUIDANCE FOR ORDERLY DEVELOPMENT OF LAND, AND THAT'S ON PAGE 1.1 OF THE LDRS.

ON BEHALF OF SEASCAPE HOA, WE OPPOSE THE FOLLOWING DEVIATIONS.

NUMBER ONE, THE BUILDING HEIGHT PER HDDZ 6 OVERLAY ZONE.

THE BUILDINGS ARE RESTRICTED TO A HEIGHT OF 105 FEET.

THEY'RE ASKING FOR A DEVIATION TO 148 FEET.

THAT'S ALMOST 1.5 TIMES THE LDRS HEIGHT REQUIREMENT.

SEASCAPE, I BELIEVE IS AROUND 46 FEET HIGH.

WHEN WE TALK ABOUT SCALE, I THINK THREE TIMES HIGHER THAN THE NEIGHBORING BUILDING IS NOT IN SCALE.

PAGE 1016 ON THE LDR STATES, THE PURPOSE OF THE HDDZ IS TO PROMOTE DEVELOPMENT THAT IS COMPATIBLE IN HEIGHT, IN SCALE WITH SURROUNDING NEIGHBORHOODS.

THEN MY SECOND POINT IS WHAT IS THE PUBLIC BENEFIT? I HAVEN'T REALLY HEARD IT YET.

I ASSUME THE COMMUNITY AT LARGE WILL CARE ABOUT THE LACK OF COMMUNITY BENEFIT, AND I THINK THE GLO WOULD CARE ALSO.

THOSE ARE MY COMMENTS.

>> IN THE FRONT. NEXT, PLEASE.

>> YOU'RE WELCOME.

COME FORWARD, STATE YOUR NAME, AND SIGN IN FOR US, PLEASE.

>> I KNOW I MOVED BECAUSE I HAVE TO GO, SO SORRY.

ANYWAY, I'M MARIE ROB 4101 RUMBA.

I'M HERE SPEAKING TODAY AS A CITIZEN.

I JUST WANT TO SAY I AM OPPOSED TO THIS PROPERTY.

I THINK THE PROPERTY SITS WAY TOO CLOSE AND IT'S TOO LARGE FOR THIS PIECE OF PROPERTY.

THIS PROPERTY, ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, ERODES NINE FEET A YEAR.

WHERE IT'S POSITIONED AT THE END OF THE SEAWALL, IT PROBABLY IS ONE OF THE MOST EROSIVE SPOTS THAT THERE IS.

BECAUSE OF WHAT THEY, AT THE CORE ADDED, AT THE END OF THE SEAWALL FOLLOWING IKE, IT DEFLECTS AND GOES IN IN THAT AREA.

I HAVE SAT IN A NUMBER OF MEETINGS WITH THE PROPERTY OWNER AND I POSED THE QUESTION IN ONE OF THE MEETINGS, HAVE THEY EVER DEVELOPED AT THE COAST.

THE ANSWER WAS, NO.

I WAS TOLD THAT THE PROPERTY IS NOT AN EROSIVE PROPERTY BECAUSE THEY LOOKED AT NUMEROUS GOOGLE MAP PHOTOS, AND THAT IT'S ERODING.

EVERYONE KNOWS THAT EROSION ISN'T WHAT YOU SEE ON THE BEACH, IT'S THE PROFILE OF THE BEACH.

WE HAVE THREE BUILDINGS CURRENTLY ON THE ISLAND THAT ARE IN JEOPARDY BECAUSE THEY SIT TOO CLOSE TO RIVIERES AND THE GRAND, AND WE DON'T NEED ANOTHER SITUATION LIKE THAT.

FINDING ONE NIGHT WHEN I COULDN'T SLEEP, AND FOR SOME REASON WHEN I CAN'T SLEEP, I READ THE WALL STREET JOURNAL, I KNOW WEIRD, BUT THERE WAS AN ARTICLE IN THERE AND IT WAS ABOUT A HOUSE IN FLORIDA THAT WAS BUILT TOO CLOSE TO THE WATER.

FIVE DAYS BEFORE THE PEOPLE WERE ABOUT TO OCCUPY IT, THEY ALMOST LOST IT TO THE SEA.

[01:25:03]

AND THEN THEIR PROPERTY WHICH SITS WAY MORE SEAWARD THAN THE OTHER PROPERTY SURROUNDING IT, DIDN'T TAKE AS BAD OF A HIT, OBVIOUSLY, NOT THE ONES BEHIND THE SEAWALL, BUT THE ONES EVEN, I GUESS IN THIS CASE, TO THE SOUTH OF THE PROPERTY DID BETTER AS WELL. ANYWAY [INAUDIBLE]

PLEASE STATE YOUR NAME AND SIGN IT FOR US.

>> YES, SIR.

>> MY NAME IS [INAUDIBLE] I'VE BEEN AN OWNER AT SEASCAPE FOR 32 YEARS.

I WAS ON THE BOARD FOR 20 SOME YEARS AND PRESIDENT AFTER IKE, IN WHICH WE HAD MAJOR DAMAGE TO THE DEVELOPMENT, SO WE HAD TO REBUILD IT, AND OF COURSE, WE HAD TO REDO WHAT WAS IN FRONT OF US, WHICH AT ONE POINT WAS A SAND-SACK.

DURING THE PROCESS, IT WAS A PRETTY EXTENSIVE PROCESS, SO WE WOUND UP WORKING WITH THE GLO, THE PARK BOARD, THE CITY.

IN THE JOINT VENTURE, WE WORKED WITH KELLY DESHAWN, WITH DR. CRAIG BROWN.

HELEN YOUNG FROM THE GLO.

JERRY PATTERSON AT THAT TIME WAS IN CHARGE OF THE GLO.

IT WAS A COORDINATED EFFORT TO PUT TOGETHER SOME BETTER WAY TO PROTECT THE BEACH, AND WHAT WE WOUND UP WITH IT WAS CLASSIFIED AS AN ENGINEERED BEACH FROM THE WEST END OF DELINERA TO THE END OF THE SEAWALL.

IT WAS A $4.5 MILLION PROJECT.

WE PUT SAND ON THE BEACH, OF COURSE, AND A 60 FOOT WIDE DUNE, 60 FOOT.

THE IDEA WAS SUPPOSED TO BE AN ENGINEERED BEACH SO THAT WE WOULD CONTINUE TO RESTORE THE SAND ON THE BEACH, BUT OF COURSE, FUNDING LITERALLY DRIED UP, SO THAT DIDN'T HAPPEN.

THAT 60 FOOT DUNE FIVE YEARS LATER WAS TOTALLY GONE.

THE DRAWING SAYS THE EROSION AT THAT POINT IS 8-9 FEET A YEAR, BUT THE ACTUAL CALCULATIONS ON OUR DUNE WAS 12 FEET, AND THERE WERE NO MAJOR STORMS AT THAT TIME.

THERE WAS NOT ANOTHER HURRICANE OR ANYTHING LIKE THAT, IT WAS JUST THE NATURAL EROSION.

WHEN I HEAR PEOPLE TALK ABOUT PUTTING A DUNE, AND EVEN IF YOU PUT HAY IN THERE, THERE'S NO WAY.

I'VE SENT THIS IN WITH MY COMMENTS, IT'S A PICTURE THAT SHOWS THE PROPERTY HERE NEXT TO US AS A LAKE.

THIS AREA HAS BEEN RECOGNIZED BY THE CORPS OF ENGINEERS THROUGH ALL OF OUR DISCUSSIONS, IS ONE OF THE HIGHEST EROSION POINTS, AND MAY BE THE HIGHEST EROSION POINT ON THE ENTIRE GULF COAST.

THE BIG REASON IS WE'RE AT THE END OF THE SEAWALL AND IT COMES IN AND SCOURS.

AT ONE TIME YOU COULD DRIVE OFF THE END OF THE SEAWALL AND THERE WAS A SOFT ENDING OF IT, AFTER IKE THEY PUT IN A FIRM, HARD STRUCTURE, SO NOW WHEN THAT WATER COMES IN, YOU CAN JUST SEE THE EROSION ACCELERATING, CERTAINLY FROM MY APARTMENT.

I THINK THAT'S PRETTY MUCH WHAT I WANTED TO SAY.

THE MAIN THING I'VE SEEN WHEN I LOOK AT THEIR PROGRAM IS, ARE YOU KIDDING ME? WHY WOULD YOU PUT THAT KIND OF DEVELOPMENT IN THE HIGHEST EROSION POINT IN THE WHOLE PART OF GALVESTON?

>> THANK YOU, SIR.

>> HI, MY NAME IS MARK ZAYLOR.

MY CONDO IS AT SEASCAPE 2314.

I HAD HANDED OUT TO YOU GUYS, I'M GOING TO REFERENCE IN A SECOND, A THREE PAGE THREE PHOTOGRAPHS.

THE PICTURE WAS TAKEN FROM MY CONDO THAT OVERLOOKS THIS PROPERTY.

THE FIRST ELEPHANT IN THE ROOM HERE FOLKS IS, THEY'RE PROPOSING WAY, WAY, TOO BIG OF A BUILDING FOR A SMALL LOT.

NOBODY HAS BEEN CHANGING THE ZONING REQUIREMENTS JUST RECENTLY,

[01:30:03]

SO EVERYBODY KNEW THAT.

BUT THAT'S THE PROBLEM WE HAVE IN THE SHEER NUMBER OF DEVIATIONS WITH THE LACK OF MEANINGFUL COMPENSATING BENEFITS JUST UNDERSCORES THE PROBLEM.

MOST OF WHAT THEY'RE TALKING ABOUT AS FAR AS COMPENSATING BENEFITS IS JUST MINIMIZING SOME OF THE ADVERSE EFFECTS OF WHAT THEY'RE DOING.

THE SECOND THING IS THE PROJECT IS OUT OF SCALE WITH THE EXISTING BUILDINGS IN THE COMMUNITY.

I'M GOING TO INDICATE THAT I BELIEVE THE STANDARD IS EXISTING BUILDINGS, NOT PROPOSED BUILDINGS, NOT PROBABLE BUILDINGS.

I THINK IT'S IMPROPER TO DO THAT.

THAT'S NOT WHAT THE ZONING WAS DESIGNED TO ESTABLISH.

LASTLY, LOOKING AT THIS DIAGRAM, BECAUSE THERE'S A REAL MISCONCEPTION, MAYBE IT'S BECAUSE OF THE INEXPERIENCE OF BUILDING ON THE BEACH.

IF YOU'RE LOOKING AT EXHIBIT B, UNLIKE TIARA, THEY HAVE PUSHED THEIR BUILDING TO THE MIDDLE OF THEIR PROPERTY, RIGHT IN THE CENTER.

IF THIS BUILDING WAS BACKED BY THE ROAD, YOU WOULDN'T HAVE AS BIG A RISK.

THE RISK IS THAT IT ENDS UP LIKE MARIE REFERENCED, HAVING TO BE EMERGENCY SITUATION TO KEEP THE BUILDING.

JUST NOTICE THIS PHOTOGRAPH WAS IN JANUARY 21.

LESS THAN SIX MONTHS BEFORE THAT IS THE NEXT PHOTOGRAPH WHERE YOU SEE THERE'S STILL A LITTLE BIT OF DUNE LEFT.

FOLKS, WE'RE NOT TALKING ABOUT ANY EFFECT FROM THE TIARA PROPERTY OR THE SEASCAPE PROPERTY, IT IS DWARFED BY THE SCOURING EFFECT OF THE SEAWALL.

THAT ELIMINATED A 60 FOOT WIDE CONTINUOUS CORE CLAY DUNE.

I SAT THERE ON MY PORCH AND JUST WATCHED IT GO DAY BY DAY.

TALKING ABOUT A FEW HAY BALES IS SOMEWHAT OF A JOKE.

ESPECIALLY WHY DO YOU PUT A BUILDING SO FAR FORWARD? YOU'RE GOING TO END UP IN EXACTLY THE SITUATION.

ON EXHIBIT C, I SHOW THE RIVIERA CONDOMINIUM WITH THE GA TUBES SUPPORTING THE FOUNDATION TO SAVE THE BUILDING.

RECOGNIZE THAT THIS BUILDING IS MORE THAN TWICE THE SIZE OF THIS BUILDING, AND YOU'D REALLY BE IN THE PREDICAMENT.

MY POINT IS, WHY CAUSE THE PROBLEM? YOU KNOW WHAT'S GOING TO HAPPEN IN THIS LOCATION.

>> ALL RIGHT, SIR. THANK YOU. NEXT.

>> PLEASE SIGN IN AND STATE YOUR NAME.

I RECOGNIZE YOU AS THE TIARA GUY.

I WANT TO SAY THANK YOU FOR THE DRAWINGS THAT YOU PROVIDED.

THEY WERE VERY HELPFUL.

THE TIARA GUY.

>> I'M THE TIARA GUY.

MY NAME IS STEVEN BIEGEL, AND I'M THE ARCHITECT FOR THE TIARA AND DIAMOND BEACH YEARS AGO, AND THE OCEAN CLUB RESORT DOWN IN JAMAICA BEACH.

WE'VE DONE THIS BEFORE.

WE HAVE TO STAND TONIGHT IN OPPOSITION TO THE PROPOSAL.

AS DREW STATED, WE'VE MET A COUPLE OF TIMES TO TRY TO DISCUSS SOME OF THE TECHNICAL REQUIREMENTS.

THE SUMMARY THAT WE HAD DELIVERED TO YOU YESTERDAY IS A VERY OBJECTIVE SUMMARY.

IT LISTS WHAT THE SOLARIS IS PROPOSING VERSUS WHAT THE TIARA HAD APPROVED BACK IN AUGUST OF 2021.

THE DIFFERENCES ARE SIGNIFICANT, AND THERE ARE 13 OF THEM, AND I WON'T GO INTO ANY DETAIL HERE BECAUSE THREE MINUTES IS NOT NEARLY ENOUGH.

THE HIGHLIGHTS ARE THESE; SOLARIS IS IN A BASE ZONE OF HDD Z6.

THOSE RESTRICTIONS, SETBACKS, DENSITY, OTHER THINGS ARE MORE STRICT AND THEY'RE MORE STRICT FOR A REASON AS YOU GET CLOSER TO THE CITY MORE DENSITY, MORE DEVELOPMENT IS EXPECTED.

THE SETBACKS BECOME MORE RELAXED AS YOU GET CLOSER TO THE CITY.

OURS AT THE TIARA SITE WERE STRICT TO BEGIN WITH.

WE THOUGHT IN OUR DEVIATION THAT WE WERE GRANTED WAS MINOR, FIVE FEET, WE WENT FROM 30 TO 25 IN OUR SIDE YARDS, NOT FROM 40 TO 25.

WE WENT WITH THE ESTABLISHED 30 FOOT ON 3005,

[01:35:01]

NOT ZERO, NOT 10.

WE OPERATED WITHIN A SELF IMPOSED BOX DURING OUR APPLICATION THAT WAS ULTIMATELY APPROVED.

THE BOX THAT THEY'RE PROPOSING ON THIS SITE IS TOO BIG, THE BUILDING IS TOO BIG.

IF YOU LOOK AT THE LAST EXHIBIT IN THE SET THAT YOU HAVE, YOU WILL SEE HOW THE PROPOSED BUILDING DWARFS THE TIARA BUILDING.

HEIGHT IS 10 FEET HIGHER, THAT'S MINOR.

BUT IF YOU SEE HOW FAR IN FRONT TOWARD THE BEACH THEIR PROJECT SITS, THAT'S MAJOR.

I'LL MAKE REFERENCE TO ONE PARTICULAR REQUIREMENT THAT HASN'T BEEN REFERENCED.

I WOULD REFER THE APPLICANT TO THE ENHANCED DUNE CONSTRUCTION STANDARDS IN CHAPTER 29-2 PARAGRAPH 8 OF THE [INAUDIBLE]

>> THANK YOU, SIR.

>> I'M MIKE WOODS, 2526 AVENUE INN, RIGHT DOWN THE STREET.

I'M AN ARCHITECT AND I'M ALSO AFFILIATED WITH PLACE DESIGNERS.

FIRST, I WANT TO SPEAK AS AN ARCHITECT.

PNX EXISTS TO SERVE THE CITY AND ITS RESIDENTS, PROVIDING A MODEL FOR LOGICAL GROWTH PATTERN, SEPARATION OF LAND USES, ETC.

MOST IMPORTANTLY, THOUGH, I THINK IT'S THERE TO PRESERVE THE QUALITY OF LIFE FOR THE RESIDENTS OF THIS CITY.

I'LL COMPLIMENT THE ARCHITECTS FOR A HANDSOME DESIGN, NO ARGUING THAT.

I'LL ALSO COMPLIMENT THEM FOR THEIR AUDACITY TO ASK FOR SUCH AN EXTENSIVE LIST OF WAIVERS, SUCH AN EGREGIOUS LIST OF WAIVERS.

THAT'S WHAT BRINGS ME TO SPEAKING, AS A RESIDENT OF THIS COMMUNITY, ZONING REGULATIONS HAVE TO BE PLIABLE.

I WOULD NEVER ARGUE THAT.

ZONING EDGES HAVE SOME NEED TO MELT ONE TO THE OTHER.

THE RULES WITHIN THEM HAVE TO BE GENERALIZED.

THEIR ARE ALWAYS A GIVE AND TAKE ON THOSE.

BUT WHAT WE HAVE HERE IS AN AFFRONT TO THE ZONING REGULATIONS.

AMONG OTHER THING A 50% REDUCTION IN SETBACKS, 77% INCREASE IN THE FLOOR AREA RATIOS.

THOSE ARE EGREGIOUS.

IF I CANNOT DEPEND ON THIS COMMISSION TO PROTECT THOSE QUALITY OF LIFE STANDARDS I HAVE HERE IN THE CITY, WHY DO THEY EXIST? I THINK IT'S INCUMBENT ON ALL TO RECOGNIZE THE IMPACT THAT IT HAS TO ALL OF US IN THE CITY.

HOW DO I KNOW THAT YOU'RE NOT GOING TO LET MY NEIGHBOR, TO MY EAST SIDE, BUILD A 60 FOOT STRUCTURE INSTEAD OF THE 35 FOOT LIMITATION THAT WE HAVE CURRENTLY IN MY NEIGHBORHOOD? I DON'T THINK THAT'S AN EXAGGERATION OF WHAT'S GOING ON HERE AND I THINK YOU'VE GOT TO CONSIDER THAT.

I WOULD PLEASE ASK YOU, SEND THIS PROJECT BACK WITH THE UNSTATED INTENTION THAT IT BE MODIFIED TO COMPLY WITH THE REASONABLY NARROW QUALIFICATIONS TO THE CODIFIED ZONING REQUIREMENTS. THANK YOU.

>> THANK YOU, SIR. PLEASE SIGN IN.

GOOD.

>> GOOD AFTERNOON. MY NAME IS JOE HEWITT, 415 EAST BEACH DRIVE.

AS I ADDRESS YOU TODAY, IT FEELS A LITTLE BIT LIKE DEJA VU, REMINISCENT OF A PAST DEVELOPMENT, LATER CONFIRMED TO BE MARGARITAVILLE ON EAST BEACH SEEKING A PUD DEVIATION IN OCTOBER 2023.

MANY WERE RELIEVED WHEN THE PLANNING COMMISSION RIGHTLY VOTED AGAINST IT, DID A DECISIVE FIVE TO ONE VOTE.

YET HERE WE ARE AGAIN FACING ANOTHER SIZABLE DEVELOPMENT REQUESTING A PUD VARIANCE.

WE'VE BEEN INFORMED THAT THE CITY COUNCIL'S OPTIONS ARE LIMITED IF THE DEVELOPERS DON'T SEEK A VARIANCE, RESTRICTING THE CITY FROM IMPOSING CONDITIONS ON CONSTRUCTION.

[01:40:05]

THIS PROMPTS A FEW QUESTIONS.

ARE OUR ZONING LAWS AND REGULATIONS INSUFFICIENT THAT NECESSITATE THESE ADDITIONAL CONDITIONS? WHEN DOES IT BECOME CLEAR THAT GALVESTON'S LAND MASS IS SHRINKING AS DEVELOPERS STRIVE FOR MAXIMUM PROFIT, APPROACHING A CRITICAL MASS WHERE THE DAMAGE BECOMES IRREVERSIBLE? ON EAST BEACH, THE MARGARITAVILLE CONSTRUCTION HAS BEGUN, AND WITH IT HAS COME THE EVIDENCE OF DISPLACEMENT OF WILDLIFE, WHICH IS HEARTBREAKING TO SEE.

GALVESTON IS UNDER KEEN OBSERVATION BOTH LOCALLY AND NATIONALLY REGARDING OUR APPROACH AND BALANCING THESE DEVELOPMENTS AND OUR ECOSYSTEM.

REMARKABLY, EVEN THE GHOST WOLVES ALONE POST A LOCAL SOCIAL MEDIA, HAVE A FOLLOWING OF 180,000 AND A NATIONAL AUDIENCE OF ALMOST SEVEN MILLION.

THOSE ARE IMPRESSIVE NUMBERS.

PEOPLE ARE LOOKING TO YOU ALL, TO PROTECT AND PRESERVE.

BOTTOM LINE, WE ACKNOWLEDGE THE FORMIDABLE TASKS THAT THE COMMISSION IS CONFRONTED WITH IN BALANCING THE FINANCIAL LANDSCAPE WITH OUR PRECIOUS NATURAL ENVIRONMENT.

YET, I ASSERT THIS IS ACHIEVABLE.

THAT SAID, I IMPLORE YOU TO REJECT THIS WEST END PUD VARIANCE AND STAY CLEAR FROM OVER-BUILDING UP AND OUT.

GOING FORWARD, PLEASE INSTITUTE CHANGES FOR FUTURE DEVELOPMENTS, INCLUDING UPDATING AND ADHERING FOR ZONING REGULATIONS, INSISTING ON INDEPENDENT ENVIRONMENTAL ASSESSMENTS, ADVOCATING FOR THE CREATION OF NATURAL GREEN SPACES, AND PROVIDING WILDLIFE CORRIDORS, AND OF COURSE, PROTECTING OUR WETLANDS AND OUR DUNES. THANK YOU.

>> THANK YOU FOR YOUR COMMENTS MA'AM. NEXT.

>> HELLO. I'M SUSAN KHALIFA.

MY ADDRESS IS 801 EAST BEACH DRIVE.

I'M HERE WITH JOE.

WE'VE BEEN WORKING ON THE MARGARITAVILLE SITUATION AND HAVE LEARNED A LOT IN THIS PROCESS.

WE WERE SUPPOSED TO BE RETIRED AND SMELLING THE ROSES, BUT WE ENDED UP GETTING INVOLVED IN TRYING TO MAKE A BETTER COMMUNITY TO LIVE IN.

MY MAIN CONCERN IS THAT I WOULD LIKE TO SEE MORE ADHERENCE TO THE LDRS THAT ARE SET FORTH.

I'M SURE THERE WAS A LOT OF WORK THAT WENT INTO THEM.

THEY'RE THERE FOR A REASON.

MY ISSUES, MAINLY AS A RESIDENT, ARE WITH IMPACTS OF DENSITY.

OTHERS HAVE SPOKEN TO THE SPECIFIC METRICS OF HOW THESE VARIANCES ARE ASKING FOR MORE THAN THE STANDARD METRICS.

BUT JUST FROM A QUALITY OF LIFE'S PERSPECTIVE, AS A RESIDENT, WITH A MORE DENSE DEVELOPMENT, I'M GOING TO HAVE MORE TRAFFIC ISSUES, PUBLIC SAFETY ISSUES, INFRASTRUCTURE WILL COME FORTH AS THOSE WILL BE ISSUES DOWN THE ROAD, AND WILDLIFE.

IT'S NOT WIDELY KNOWN THAT THIS SPECIFIC AREA IS WHERE RON WOOTEN INITIALLY DISCOVERED THE GHOST WOLF IN GALVESTON.

IT HAD BEEN STRUCK BY A CAR.

HE TOOK A SAMPLE, KEPT IT IN HIS FREEZER FOR A YEAR OR TWO BEFORE HE COULD FIND SOME DNA SCIENTISTS TO LOOK AT IT.

WHAT A TREMENDOUS AND SPECIAL UNIQUE RESOURCE WE HAVE FOR HIS HAVING TAKEN THE TIME AND PURSUED THAT STUDY.

BUT IT SHOWS THAT WE DO NEED TO CONSIDER NATURAL RESOURCES.

NOBODY HAS SPOKEN TO THE WILDLIFE ISSUE, BUT THERE IS WILDLIFE IN THIS AREA.

THE SOLARIS DEVELOPMENT WOULD CLOSE THE WINDOW FOR ABOUT A MILE OF BEACH AS AN OPEN CORRIDOR.

HOPEFULLY, THIS DEVELOPMENT WILL BE MINDFUL OF THAT AND LEAVE SOME GREEN SPACE. THANK YOU.

>> THANK YOU FOR YOUR COMMENTS, MA'AM. NEXT.

>> HI, MY NAME IS JESSICA CHECK.

I AM A HOMEOWNER HERE IN GALVESTON WITH MULTIPLE PROPERTIES.

I ACTUALLY OWN THREE PROPERTIES AT SEASCAPE AND TWO AT DIAMOND BEACH.

[01:45:03]

I HAVE INTERESTS IN BOTH SIDES, THE WEST AND EAST SIDE OF THIS DEVELOPMENT.

WE HAVE MET WITH THE DEVELOPER ON BEHALF OF SEASCAPE FOR THESE PROJECTS, IN HOPES OF GETTING A BETTER UNDERSTANDING OF THE PROJECT AND ITS IMPACT ON THE COMMUNITY.

AT THAT MEETING, THERE WERE SEVERAL MAJOR CONCERNS THAT WE HAVE, IN ADDITION TO THE ONES THAT HAVE ALREADY BEEN MENTIONED.

WE ARE CONCERNED WITH THE SETBACKS.

THE PROPOSED STRUCTURE IS TOO BIG.

THE DEVELOPER IS ASKING FOR DEVIATIONS ON THE SIDE AS WELL AS THE FRONT.

THESE GUIDELINES WERE SET IN PLACE FOR A REASON AT 40 FEET, AND THEY'RE ASKING FOR 25.

WHEN WE QUESTIONED WHY THEY COULDN'T REDUCE THE BLUEPRINT, THE DEVELOPER'S RESPONSE WAS THEY DON'T HAVE A SITE BIG ENOUGH TO ACCOMMODATE.

THEY ALSO NOTED THAT THEY HAVE ALREADY LOST AMENITY SPACE, BUT THE PROJECT WILL STILL BE PROFITABLE.

THAT IS NOT LOOKING OUT FOR THE BEST INTERESTS OF THE RESIDENTS OF GALVESTON, THAT'S LOOKING OUT FOR THEIR OWN INTERESTS.

IF YOU ALLOW THIS VARIATION FOR THIS PROJECT, OTHER DEVELOPERS WILL WANT TO DO THE SAME AND HAVE SPECIAL TREATMENT.

THIS DEVELOPER ALSO LACKS THE KNOWLEDGE OF BUILDING ON THE COAST, WHICH I THINK WE HAVE HEARD, AS FAR AS WITH THE SAND DUNES.

THIS PROPERTY HAS SERVED AS A WASHOUT DURING THE LAST FEW STORMS AS WELL DURING NON STORMS. THE CURRENT PROPOSAL INCLUDES A SAND DUNE THAT'S CONSTRUCTED WITH HAY BALES.

THESE DUNES AT THE CURRENT PROPOSAL WILL NEITHER BE CONNECTED TO THE WEST SIDE OF SEASCAPE OR THE EAST SIDE OF TIERRA DUE TO WHERE THEIR LOCATION IS ON THE BEACH.

ALL THREE WILL BE AT DIFFERENT DEPTH.

THIS IS A POOR DESIGN FLAW BECAUSE WHEN THE NEXT STORM COMES, THE WATER WILL JUST GO AROUND AND WASH OUT THE PROPERTY AGAIN.

THEY SAY THAT THEY'RE GOING TO BUILD A VAULT TO CONTAIN THE WATER TO HELP WITH THE SAND DUNES.

HOWEVER, WHEN THE VAULT NEEDS TO BE PUMPED, WHERE IS THAT WATER GOING? IF THEY'VE BEEN DOWN THE GALVESTON WHEN IT RAINS, YOU'LL KNOW THAT THE STREETS OF GALVESTON BY THE COLLEGE FLOODS, EVEN IN A MINOR RAINSTORM, SO I CAN'T IMAGINE THIS VAULT NOT NEEDING TO BE PUMPED ON A REGULAR BASIS.

WE ALSO ASKED, AT OUR MEETING, IF THEY HAD DONE ANY TYPE OF WATERSHED STUDY TO DETERMINE WHERE THE WATER FLOW WOULD GO WHEN THE TIDE RISES OR WHEN A STORM COMES.

THE ANSWER AGAIN WAS NO.

I SIT ON THE LOCAL SCHOOL BOARD AND SO I KNOW THAT WHERE YOU'RE SITTING AND LISTENING TO PUBLIC COMMENTS IS SOMETIMES DIFFICULT AND YOU HEAR A LOT OF DIFFERENT OPINIONS.

BUT I URGE YOU TO KEEP THE CURRENT GUIDELINES IN PLACE ON THIS PROPERTY AND DO NOT APPROVE THE REQUESTED DEVIATIONS.

>> THANK YOU. NEXT.

>> HI, I'M ROBIN FOSTER.

I'M PRESIDENT OF THE BOARD OF SEASCAPE, THE HOA.

WANT TO FIRST SAY THAT WE DID MEET WITH THE DEVELOPER LAST MONDAY.

LOTS OF CONCERNS, ADDRESSED ISSUES.

HE DID MENTION $150,000.

THERE'S LOTS MORE TO SPEAK ABOUT BEFORE WE HAVE ANY AGREEMENT OR ACCEPTANCE OR WHATNOT ON THAT.

JUST SAND OR HAY IN THE SAND IS NOT GOING TO SAVE US FROM EVEN A TROPICAL STORM.

WHAT WE NEED IS A CONTINUAL DUNE FROM THE WEST END OF THE SEA WALL TO THE WEST END OF DELINERA.

WE DO HAVE IRRIGATION FOR OUR DUNES, BECAUSE WE DID HAVE DUNES, THE 60-FOOT DUNE THAT RODEN REFERENCED THAT WAS GONE IN FIVE YEARS.

IT'S BUILT IN THE END OF OUR PROPERTY, SO THAT WOULD BE NOT A PROBLEM TO WATER OUR DUNES.

I WANTED TO SPEAK ABOUT THE DEVIATIONS ON THE BUILDING SITE.

IT'S SUPPOSED TO BE TWO ACRES, THEY'RE REQUESTING 1.84, AND ALSO THE FAR.

THEY'RE REQUESTING 2.92 WHICH IS ALMOST DOUBLE THE 1.5 THAT'S ALLOTTED.

AS OTHERS HAVE SAID, THE ZONING REQUIREMENTS ARE IN PLACE FOR A REASON.

THIS BUILDING IS SIMPLY TOO BIG FOR THIS PARCEL OF LAND, AND WE WOULD LIKE YOU TO UNDERSTAND THAT, TAKE IT INTO CONSIDERATION, BECAUSE WE DON'T WANT THIS BUILDING TOPPLING OVER ON THE FMOO3, ESPECIALLY IF THERE'S AN EVACUATION THAT NEEDS TO TAKE PLACE.

BECAUSE HAY BALE DUNES AREN'T GOING TO SAVE IT, NOR WOULD THEY SAVE US.

BUT WE DID HAVE A SAND SOAK DURING IKE WHICH SAVED US.

THOSE ARE THE BIG COMMENTS I WANTED TO GET IN FRONT OF YOU.

ALSO, THE DEVELOPERS NOT BUILDING UP THEIR LAND.

WE ASKED THEM THAT LAST MONDAY'S MEETING, ARE YOU TAKING THAT INTO YOUR HEIGHT CONSIDERATION? ARE YOU BUILDING A PAD? NO, JUST AS IT IS.

THEY GET THEIR 11 STORIES, WHICH IS THREE STORIES TOO MUCH. THANK YOU.

>> THANK YOU, MA'AM. NEXT. DON'T BE BASHFUL.

[LAUGHTER] IT'S BEING LIVE STREAMED.

[LAUGHTER]

>> HELLO, MY NAME IS STACEY SAYLER AND MY HUSBAND AND

[01:50:03]

I ARE FORTUNATE ENOUGH TO OWN TWO UNITS AT SEASCAPE AND ONE AT DIAMOND BEACH.

TODAY I STAND BEFORE YOU TO ADVOCATE FOR THE IMPORTANCE OF CONDUCTING AN ENVIRONMENTAL IMPACT STUDY BEFORE APPROVING THE CONSTRUCTION OF AN 11 STORY HIGH RISE ON THE WEST END OF GALVESTON ISLAND.

THIS PROPOSED DEVELOPMENT HAS THE POTENTIAL TO SIGNIFICANTLY IMPACT OUR ENVIRONMENT, WILDLIFE, AND NATURAL RESOURCES.

IT IS CRUCIAL THAT WE CAREFULLY CONSIDER THE IMPLICATIONS OF SUCH A PROJECT ON THE DELICATE BALANCE OF OUR ECOSYSTEM.

ONE OF THE KEY FACTORS THAT MUST BE TAKEN INTO ACCOUNT IS THE PRESENCE OF THE GHOST WOLVES ON GALVESTON ISLAND.

THESE UNIQUE CANINES, A MIX OF RED WOLF AND COYOTES, REPRESENT A RARE AND PRECIOUS SPECIES THAT IS STRUGGLING TO SURVIVE.

CONDUCTING AN ENVIRONMENTAL IMPACT STUDY WOULD PROVIDE VALUABLE INSIGHTS INTO HOW THE CONSTRUCTION OF A HIGH RISE MIGHT IMPACT THE HABITAT AND SURVIVAL OF THESE VULNERABLE ANIMALS.

IN ADDITION TO THE GHOST WOLVES, GALVESTON IS A CRUCIAL STOPOVER POINT FOR BIRD MIGRATION, WITH NUMEROUS ENDANGERED SPECIES RELYING ON THE ISLAND FOR REST AND NOURISHMENT.

THE WEST END OF THE ISLAND, IN PARTICULAR, PROVIDES VITAL HABITAT FOR THESE BIRDS, CONTRIBUTING TO THE RICHNESS AND DIVERSITY OF OUR LOCAL AVIAN POPULATIONS.

ANY DEVELOPMENT IN THIS AREA MUST BE CAREFULLY ASSESSED TO ENSURE THAT IT DOES NOT DISRUPT THE MIGRATORY PATTERNS AND HABITS OF THESE ENDANGERED BIRD SPECIES.

THE IMPORTANCE OF PRESERVING OPEN SPACES ON GALVESTON ISLAND CANNOT BE OVERSTATED.

THESE NATURAL AREAS PLAY A VITAL ROLE IN MAINTAINING THE HEALTH OF OUR ENVIRONMENT, PROVIDING HABITATS FOR WILDLIFE, PROMOTING BIODIVERSITY, AND MITIGATING THE IMPACTS OF CLIMATE CHANGE.

BY PROTECTING AND PRESERVING THESE OPEN SPACES, WE ARE NOT ONLY SAFEGUARDING OUR NATURAL HERITAGE, BUT ALSO ENSURING A SUSTAINABLE FUTURE FOR OUR COMMUNITY AND FUTURE GENERATIONS.

I URGE THE MEMBERS OF THE PD COMMITTEE TO PRIORITIZE THE WELL BEING OF OUR ENVIRONMENT, WILDLIFE AND COMMUNITIES BY REQUIRING AN ENVIRONMENTAL IMPACT STUDY BEFORE MOVING FORWARD WITH APPROVAL OF THE HIGH RISE DEVELOPMENT. THANK YOU.

>> HELLO, I'M PEGGY COLLINS AND MY HUSBAND AND I OWN A UNIT AT SEASCAPE.

WE'VE OWNED THERE FOR IT'LL BE SIX YEARS IN JULY, AND WE OWN ANOTHER PROPERTY ABOUT SIX YEARS BEFORE THAT IN GALVESTON.

WE LIVE IN THE EAST TEXAS AREA NOW OUR GOAL IS TO RETIRE IN GALVESTON.

WE SOLD THE OTHER PROPERTY, WENT DOWN TO A CONDO FOR LESS MAINTENANCE.

WE HOPE AT THE END OF THE YEAR FOR THIS TO BE OUR HOME.

I'M SPEAKING TO YOU AS SOMEONE WHO WANTS TO LIVE IN THAT NEIGHBORHOOD, NOT JUST INVEST IN IT.

WE LOVE GALVESTON, WE LOVE SEASCAPE.

WHENEVER WE FIRST STARTED READING ABOUT THIS PROPOSED PROPERTY IN THE SIZE, DID A LOT OF RESEARCH, LOOKED AT THE SIZE OF IT, WENT ON THE BEACH AND LOOKED, AND ACTUALLY WHEN TIERRA BOUGHT, I THOUGHT THEY HAD BOUGHT THE WHOLE LOT BECAUSE I WAS THINKING, WELL, THAT'S NOT THAT MUCH PROPERTY.

IT DOESN'T LOOK LIKE MUCH WHEN YOU'RE LOOKING AT IT, ESPECIALLY FROM THE BEACH AREA.

BUT THEN WHEN I FOUND IT'S GOING TO BE TWO PROPERTIES THERE.

I JUST CAN'T IMAGINE AND THEN WHEN I GO OUT TO THE BEACH LIKE I DID YESTERDAY AND JUST PICTURE THE SIZE OF IT, COMPARE TO SEASCAPE ON THAT SMALL AND HOW CLOSE TO THE WATER IT'S GOING TO COME AND HOW CLOSE TO THE ROAD IT'S GOING TO COME.

I JUST WOULD LIKE TO ASK EACH OF YOU TO TAKE TIME OUT OF YOUR DAY.

ONE DAY JUST TO GO OUT THERE AND REALLY LOOK AT IT AND JUST IMAGINE SOMETHING THAT SIZE BEING NEXT TO IT JUST DOES NOT FIT WITH THE WHOLE FABRIC OF OUR NEIGHBORHOOD. I APPRECIATE YOUR TIME.

>> THANK YOU, MA'AM. NEXT.

[01:55:05]

>> HELLO. MY NAME IS RICK SPENCER.

I WAS BORN IN THIS AREA.

I HAVE ENJOYED GALVESTON FOR DECADES, AND I AM A HOMEOWNER HERE, A CONDO OWNER AT SEASCAPE.

I WANTED TO ADDRESS YOU TODAY AND ASK THAT YOU DO NOT VOTE IN FAVOR OF ANY OF THE DEVIATIONS THAT HAVE BEEN PROPOSED BY THE SOLARIS PROJECT.

WHY? LET'S EXAMINE IT FROM POINT OF VIEW OF ITS VALUE PROPOSITION AND WHO BENEFITS FROM THE CURRENT REQUEST OF THESE DEVIATIONS.

FROM RURAL HIGH LEVEL THE CURRENT VALUE PROPOSITION EXISTS, CITY BENEFITS FROM TAX REVENUE, SOLES BENEFITS BY GETTING BASICALLY EVERYTHING THEY'VE ASKED FOR, THEY REACHED THEIR PROFIT MODEL.

HOWEVER, THE PUBLIC BENEFITS FROM NOTHING WE HAVEN'T HEARD ANYTHING, THERE'S NO PUBLIC BENEFIT THAT WE'RE AWARE OF.

WHY WOULD WE EVEN CONSIDER A PROJECT THAT APPARENTLY DOESN'T HAVE ANY REAL BENEFIT FOR THE PUBLIC? THIS PROPERTY WAS ZONED FOR LOGICAL REASONS AND WE TRUST THAT THOSE REASONS WERE CAREFULLY THOUGHT OUT AND ENFORCED.

ONLY THOSE DEVIATIONS ALLOWED WHEN AND WHERE CLEAR BENEFITS HAVE BEEN PRESENTED.

THERE'S NO ADDITIONAL BENEFIT TO THE CITY SHOULD THESE DEVIATIONS BE ALLOWED.

THE ONLY ENTITY THAT BENEFITS IS SOLARIS PROJECT.

I BELIEVE YOU WILL AGREE WITH ME THAT THE BEST VALUE PROPOSITION IS WHEN ALL PARTIES BENEFIT FROM IT SO IT'S VERY SIMPLE AND STRAIGHTFORWARD.

DO NOT ALLOW THESE DEVIATIONS THE BENEFIT, THAT THEY WILL ACHIEVE THEIR PROFIT MODEL, WHICH AFTER ALL IS THEIR NUMBER 1 CONCERN.

THE CITY WILL RECEIVE TAX REVENUE, WHICH IS THE BENEFIT THAT'S BEING SOUGHT.

THE PUBLIC WILL RECEIVE THE BENEFIT OF HAVING THE PROJECT BUILT WITHIN THE RULES AND REGULATIONS AS PRESCRIBED IN THE ZONING OF THIS PROPERTY.

AT THE END OF THE DAY, WE'RE NOT AGAINST DEVELOPMENT WE ARE REQUESTING THAT ANY DEVELOPMENT IS BUILT WITHIN THE CURRENT ZONING REQUIREMENTS FOR THIS PROPERTY, AND WITH NO REGARD OR CONSIDERATION OF THE DIFFERENT ZONING REQUIREMENTS THAT THE JAR PROJECT HAS BEEN APPROVED FOR.

THIS APPROACH IS SOUND IT ADDRESSES ALL INTERESTED PARTIES BENEFITS, AND IT'S A TRUE WIN.

THANK YOU FOR YOUR TIME AND FOR YOUR CONSIDERATION.

>> THANK YOU, SIR. THAT VOICE BELONGS ON THE RADIO.

NEXT [BACKGROUND]

>> WELL, I CONFESS I'M THE PROPERTY MANAGER OF SEASCAPE.

MY REASON TO ADDRESS TODAY IS I THINK IT HAS BEEN WELL STATED BY EVERYONE ON MY BOARD THEIR CONCERNS, AND THEY'RE ASKING FOR YOUR CONSIDERATION TO EVALUATE THOSE CONCERNS, AND I'M SURE THE COMMISSION WILL.

ONE OF THE THINGS I WAS LOOKING FORWARD TODAY, IN LOOKING THROUGH THE APPLICATION THAT WAS PUT OUT, I NOTICED THAT ON EXHIBIT H FROM THE FIRE MARSHAL, AND I'M SAD, HE'S NOT HERE.

BUT THERE WAS A COMMENT ABOUT THE FIRE SAFETY OF THE PROPERTY AND BEING A PROPERTY MANAGER, I GUESS I ALWAYS LOOK AT WHAT COULD BE OR WHAT MAY HAPPEN.

I ALWAYS LOOK AT THE WORST THING BELIEVE ME, I'VE LIVED THROUGH LIKE AS MRS. BERNARDI WHO'S LEFT, TALKED ABOUT, WE GOT HAMMERED AS THE ISLAND DID WOW SO WE KNOW A LOT ABOUT WHAT'S GOING ON AT THE BEACH.

BUT I WAS CONCERNED, AND I HAD A QUESTION ABOUT THE FIRE MARSHAL STATED IN HIS LITTLE NOTES HERE, THAT THE 105 FOOT AERIAL PLATFORM NEEDS A 20 FOOT RADIUS TO TURN AND SAID THAT THE DESIGN TEAM THAT WAS PRESENTED TO HIM SAID IT'S IN YOUR LITTLE NOTES AND PACKET IT TALKS ABOUT THE 120 FOOT NORMAL HAMMER THEY REQUIRE, THEY SAID THEY USE A DEVIATION OF THAT.

THEY'RE SHOWING THAT THEY GOT THEIR RADIUS AND THEIR TURNING RADIUS FROM TWO INTERSECTING 20 FOOT EASEMENTS OR 20 FOOT ROADWAYS THAT THEY'RE PUTTING IN.

MY QUESTION IS, AND I KNOW IT MAY NOT EVER HAPPEN, BUT IF A FIRE BURNS, I THINK A LOT OF PEOPLE ARE GOING TO BE LEAVING THAT PROPERTY NOT BY FOOT, BUT PROBABLY WITH THEIR VEHICLE.

MY QUESTION IS, AND I WAS HOPING THAT CHRIS WAS HERE TO EXPLAIN HOW HE'S GOING TO CONTROL WHEN THAT FIRE DOES HAPPEN OR IF IT EVER DOES, HOPE IT NEVER DOES.

IF THAT FIRE HAPPENS, HOW IS IT GOING TO TAKE THAT TRUCK AND PUT IT IN POSITION AND THEN BE ABLE TO TURN IT AROUND IF HE NEEDS TO REMOVE HIS VEHICLE AND CITY EQUIPMENT FROM THAT AREA BECAUSE I HAVE A FEELING UNLESS THERE'S SOME EXPLANATION THAT I'D LIKE TO HEAR,

[02:00:01]

HOW DO YOU GET THAT VEHICLE BACK OUT OF THERE? BECAUSE I HAVE A FEELING WHEN THE FIRE HAPPENS, EVERYBODY'S GOING TO BE LEAVING WITH THEIR CARS.

THERE'S A LOT OF FLAW THAT'S COMING UP AND DOWN THAT I'D LOVE TO HEAR THE EXPLANATION FOR AND I ASSUME THE COMMISSION WILL TAKE A LOOK AT THAT VERY CAREFULLY.

BUT WE ALSO KNOW, AND I WOULD LIKE TO SAY, THAT WE APPRECIATE THE DEVELOPER COMING TO US AND TALKING TO US.

WE THINK THERE'S A LOT OF ISSUES TO BE WORKED OUT BUT WE REALLY BELIEVE THAT IF YOU'RE GOING TO TAKE AND LOOK AT A PROPERTY, AND IT HAS BEEN ZONED VERY CAREFULLY BY CAREFUL RESEARCH, THAT YOU NEED TO STAY WITHIN THOSE GUIDELINES.

EVERYONE KNOWS WHAT THOSE GUIDELINES ARE WHEN YOU START SO YOU SHOULD FOLLOW THEM. THANK YOU.

>> THANK YOU. NEXT. ANYBODY ELSE ON THIS SIDE? THEN WE'LL GO OVER TO THIS SIDE.

ANYBODY ON THIS SIDE LIKE TO SPEAK? [NOISE]

>> I ECHO ALL OF THE CONCERNS OF MR. SHANE EARLIER ABOUT THE AIRPORT, THE EFFECTS OF THIS ON AIRPORT OPERATIONS.

IT'S MY UNDERSTANDING THAT THE NEW DEVELOPMENT IS WITHIN 16 INCHES OF THE RUNWAY PROTECTION AREA FOR RUNWAY 36.

MANY BUSINESSES ARE EXPANDING THEIR FLIGHT OPERATIONS AT THE AIRPORT.

THE AFOREMENTIONED LIFT ACADEMY, THE NEW FLIGHT SCHOOL OUT THERE.

THEY'RE SUPPOSED TO, AS MENTIONED EARLIER, QUADRUPLE THEIR OPERATIONS.

IT MIGHT EVEN BE MORE AS PART OF A LOCAL SKYDIVING BUSINESS HERE.

WE'RE ALSO TRYING TO GROW THIS COMING YEAR.

I'M CONCERNED ABOUT THE AMOUNT OF PEOPLE WHO WILL BE EXPERIENCING NOISE POLLUTION FROM THE AIRPORT, ESPECIALLY IN THESE HIGH DENSITY DEVELOPMENTS.

WHAT HAPPENS WHEN AIRLINE SERVICE STARTS? WHY IS THE CITY GOING TO ALLOW THE DEVELOPMENT OF LARGE PROPERTIES IN CLOSE PROXIMITY TO THE AIRPORT WHILE SIMULTANEOUSLY INVESTING MILLIONS DIRECTLY INTO THE AIRPORT, AS WELL AS THE FAA FOR THE AIRLINE CERTIFICATION.

WHAT WILL THE CITY SAY TO THOSE WHO FILE NOISE COMPLAINTS 5-10 YEARS FROM NOW? DO YOU THINK THE CLIENTELE FOR THESE HIGH DENSITY DEVELOPMENTS ARE GOING TO ACCEPT LARGE AMOUNTS OF AIRPLANE NOISE AND AIRCRAFT FLYING OVERHEAD? THERE'S BEEN NUMEROUS STORIES OF HOW AIRPORTS GET SHUT DOWN AROUND THE COUNTRY, ESPECIALLY OUT IN CALIFORNIA.

THIS IS TYPICALLY HOW IT BEGINS.

I LEAVE EVERYONE HERE WITH THOSE QUESTIONS AND APPRECIATE YOU GIVING ME THE TIME TO TALK TO YOU ALL TODAY.

>> CERTAINLY. THANK YOU, SIR. ANYBODY ELSE ON THIS SIDE?

>> THE BATTERY IS ABOUT TO RUN OUT SO I MIGHT HAVE TO SWITCH DEVICES.

GOOD AFTERNOON. I'M JEFF SINSIMER I'M WITH THE GALVESTON CHAPTER OF THE SURF RIDER FOUNDATION.

WE'RE AN INTERNATIONAL ORGANIZATION THAT ADVOCATES FOR THE WORLD'S BEACHES AND OCEANS.

MY COMMENT CONCERNS THE PROPOSED SO CALLED MID RISE.

YOU'LL NEED TO STICK TO THE RULES.

THEY ARE NOT JUST GUIDELINES.

IT SEEMS THAT DEVIATIONS ARE SO COMMON NOW THAT DEVELOPERS EXPECT THEM TO BE APPROVED, I DON'T WANT THE CITY TO BE DIFFICULT TO DO BUSINESS WITH.

BUT IT IS INTERESTING THAT EVEN THIS COMMISSION AND CITY COUNCIL MENTION THE EAGERNESS TO RECOMMEND MOST OF THESE REQUESTS IS REMARKABLE.

THE CITY STAFF MAKES IT CLEAR AT THESE PRESENTATIONS THAT IT IS THE PROPERTY OWNER'S RIGHT TO REQUEST THESE DEVIATIONS.

BUT THERE SHOULD ALSO BE A DUTY TO THE CITIZENS TO MAINTAIN PROPER ADHERENCE BY THESE BUILDERS, ESPECIALLY WHEN SQUEEZING THESE BEHEMAS INTO SUCH TIGHT AND VULNERABLE SPACES AFFECTING DUNES, WETLANDS, AND BEACH ACCESS.

IT FEELS LIKE APPLICANTS ARE BEING LED ON ABOUT WHAT IS DOABLE.

I JUST HEARD STATED IN TODAY'S PRESENTATIONS THAT THE APPLICANT WANTS

[02:05:02]

THESE DEVIATIONS IN EXCHANGE FOR THOSE NICETIES THAT THEY'RE ADDING, LIKE BIRD FRIENDLY GLASS, CHEESE.

I NAIVELY THOUGHT THOSE WERE BEING DONE ANYWAY.

THANK YOU FOR NOT ALLOWING THIS DISCUSSION TO BE COMPARED TO OTHER PENDING DEVELOPMENTS WITH SIMILAR PENDING DEVIATIONS.

I'M A LITTLE OFFENDED THAT THE APPLICANT FELT THE NEED TO SCHOOL US, THAT OUR SETBACKS MAY BE ANTIQUATED OR SOMEHOW ARBITRARY.

I'M ALSO OFFENDED THAT THEY INSIST THE SCOURING THERE IS DUE TO INCONSISTENT DUNE RESTORATION RATHER THAN THE CURRENT PREMISE.

IT IS DUE TO ITS LOCATION ALONE.

I CAN SHOW PICTURES OF PALETTES FROM JIMMY'S PIER, END UP AT THAT EXACT LOCATION EVERY TIME HIGH SURF KNOCKS THEM OUT IF JIMMY FORGETS TO DO SO.

WE ARE NOT ANTI DEVELOPMENT, BUT GALVESTON'S TRAFFIC IS A GRIDLOCK DURING THE SUMMER AND EVENT WEEKENDS.

THIS HAS NOT BEEN ADDRESSED FOR THE STATUS QUO, MUCH LESS TO KEEP UP WITH THESE PENDING DEVELOPMENTS.

TO AVOID THAT GRIDLOCK, PEOPLE ARE TAKING SHORT CUTS THROUGH NEIGHBORHOODS BETWEEN HERDS LANE AND STEWART ROAD AS WELL AS THROUGH BAYOU SHORE.

NOW THAT 57TH HAS BECOME AN ALTERNATE TO 61ST STREET.

NOW WE HEAR THAT THERE ARE EXISTING STRUCTURES THAT PENETRATE THE NEEDED AIRSPACE FOR FUTURE COMMERCIAL FLIGHT.

IT WAS STATED THAT MEETING BARE MINIMUMS IS NOT THE WAY TO GO, YET WE CONTINUE TO GO THAT ROUTE WITH BEACH PARKING SPACES, BEACH ACCESS POINTS.

YOU CAN SEE THE WRITING ON THE WALL.

RESIDENTS WILL. THANK YOU.

>> APPRECIATE IT. YEAH. I KNEW YOU WERE SITTING BACK THERE.

COULDN'T NOT SAY ANYTHING.

>> WANT YOUR BACK?

>> YEAH. IT'S HOT RIGHT NOW.

>> THANK YOU, MR. CHAIRMAN AND COMMISSIONERS.

THE APPLICANT HAS THE RIGHT TO DEVELOP THIS LAND AS COMMERCIAL HDDZ PROPERTY.

ANYTHING BEYOND THAT IS YOUR DISCRETION AND THAT OF COUNSEL.

HE REQUESTS FLOOR AREA RATIO FAR ALMOST DOUBLE THAT ALLOWED BY RIGHT FROM 1.5-2.92.

ON THIS ISLAND, WE STRUGGLE WITH DWELLINGS THAT STACK EXCESSIVE HEADS IN BEDS.

ON THE WEST END, WE SEE OLDER HOMES THAT MIGHT NORMALLY HOUSE EIGHT PEOPLE LISTED FOR STR TO SLEEP UP TO 25.

TODAY YOU HAVE THE OPPORTUNITY TO STOP SUCH EXCESSIVE DENSITY BEFORE IT EVER STARTS.

THE OVERALL BUILDING HEIGHT REQUESTED IN THE PUD IS 148 FEET VERSUS 105 ALLOWABLE BY RIGHT OR 120, WHICHEVER WAY YOU WANT TO LOOK AT IT.

143 FOOT OR 41% DIFFERENCE.

THAT IS NOT MINOR.

ARE WE GOING TO ALLOW EVERY HOTEL DOWN THE SEAWALL TO BUILD UP AN EXTRA THREE FLOORS? HOW ABOUT AROUND TOWN? DO YOU WANT TO STRUCTURE 41% TALLER PEERING INTO YOUR BACKYARD? SEASCAPE RESIDENTS BOUGHT HOMES KNOWING THE ZONING TO THEIR EAST WAS COMMERCIAL, BUT NOT A 148 FOOT DOUBLE DENSITY VIRTUALLY LOT LINE TO LOT LINE HIGH RISE.

THE NEXT STEP FOR YOU ALL IN THIS PROCESS IS TO MEASURE WHETHER THESE AND THE TEN OTHER REQUESTS FOR DEVIATIONS PROVIDE SOME OFFSETTING COMMUNITY BENEFITS THAT MAKE THE PUD WORTHY OF APPROVAL.

BUT THE APPLICANT PROPOSES YET ANOTHER DEVIATION TO OMIT SUCH COMMUNITY BENEFITS, WITH ONE EXCEPTION, A TRANSIT STOP.

THEY DO MAKE A FEW SMALLER ADDITIONS FOR SOME GREEN INFRASTRUCTURE.

NEXT, I MUST PROTEST ANY COMPARISON OF THIS PROJECT TO TIERRA REGARDING PROPERTIES IN THE IMMEDIATE AREA.

TIERRA DOES NOT CURRENTLY EXIST AND MAY NEVER EXIST.

THEREFORE, IT SHOULD NOT BE CONSIDERED AS A COMPARABLE.

THINK OF IT LIKE THIS, WHEN PERFORMING A REAL ESTATE APPRAISAL, YOU ONLY CONSIDER ACTUAL SALES PRICES, NOT ASKING PRICES.

I SUGGEST THAT IS THE SAME MANNER THAT YOU SHOULD REGARD TIERRA HERE.

GROUND IS NOT BROKEN.

THEY DO NOT HAVE A BEACH FRONT CONSTRUCTION PERMIT.

TIERRA IS LIKE BRIGADOON AT THIS POINT, COMMISSIONER HUMPHREY QUESTIONS FREQUENTLY WHETHER WE WANT TO TAKE OUR ISLAND DOWN THE PATH OF MIAMI BEACH AND BECOME A BEACH FRONT OF HIGH RISES.

TODAY, I ASK YOU THAT QUESTION.

YOU HAVE SEVERAL VALID REASONS TO REJECT THIS PROJECT AS IT STANDS NOW.

[02:10:04]

I ASK YOU TO PLEASE DO SO.

PLEASE DO NOT RECOMMEND 23P091 FOR APPROVAL TO COUNSEL. THANK YOU.

>> THANK YOU, MISS ILL.

>> I HOPE I WASN'T DEFENSIVE.

>> YOU DID GOOD.

DID YOU LEAVE YOUR CREDIT CARD UP THERE? ANYBODY ELSE ON THIS SIDE THAT WOULD LIKE TO SPEAK? IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? WE'RE GOING TO COME BACK TO THE APPLICANT.

SO, DREW, YOU'RE UP.

>> THANK YOU. MEMBERS OF THE COMMISSION.

ONE OF THE THINGS THAT I WANTED TO COVER ON THE DIFFERENCES ON THE COMMUNITY BENEFIT, BECAUSE WE FORGOT TO COVER IT EARLIER, IS AGAIN, THE ABILITY TO BE ABLE TO NOURISH THE DUNES THROUGH A WATER SUPPLY.

THE RAINWATER COLLECTION SYSTEM WE'RE GOING TO PROVIDE ABOUT 50% OF OUR PARKING SPACES WILL BE ELECTRIC.

WE'LL HAVE OUR UNDERGROUND VAULT, WHICH WILL BE USED FOR THE FRESH WATER SUPPLY.

AS DREW SAID, HE'LL MAKE THAT AVAILABLE TO OUR NEIGHBORS.

WE ARE PROPOSING TO TRY TO GET A TRANSIT STOP.

THE BIRD FRIENDLY GLAZE IS IMPORTANT ON THE ISLAND AND WE ARE WANTING TO ADD THAT WE'LL HAVE A COMMON DUNE WALKOVER.

WE HAVE OUR BEACH ACCESS ROAD THAT WILL BE UNENCUMBERED.

IT WILL NOT HAVE ANY GATES OR ANYTHING THAT WOULD BLOCK ANY WILDLIFE FROM COMING DOWN TO THE BEACH ALONG THAT AREA.

THEN COULD YOU GO TO THE SITE PLAN ON THE SOLARIS TO THE FRONT OF THE BEACH SIDE? THOSE WINGS. I CALL THEM THE WINGS, BUT THOSE ARE ALL GREEN ROOF, AND THAT REPRESENTS ABOUT 4,770 SQUARE FEET OF GREEN SPACE THAT WOULD BE ENJOYED BY THE RESIDENTS THERE AND OUR GUESTS THAT COME TO SOLARIS.

THEN WE HAVE A JOINT WALK OVER THAT WE'LL MAKE AVAILABLE OBVIOUSLY TO THE GENERAL PUBLIC.

>> I DON'T KNOW IF ANY OF OUR TEAM WANTS TO ADDRESS ANY OF THE ISSUES THAT WERE BROUGHT UP AGAIN.

>> WE'LL BE HERE.

>> BECAUSE I'D MAKE CLOSING STATEMENTS.

DO YOU WANT TO STEP UP? THEN I'LL GET INTO SOME OF THE OBJECTIONS AND SOME OF THE REASONS THAT THEY WERE PUTTING FORWARD A LOT, I FEEL IS CONJECTURE AND WHAT IF AND THINGS LIKE THAT, THAT I CAN'T MITIGATE AGAINST.

IF YOU'RE SAYING, WHAT IF A PLANE IS GOING TO CRASH INTO THE BUILDING, IF ANOTHER FOOT LOWER OR ANOTHER TWO FOOT LOWER HELPS THAT? AS A PILOT, YOU DON'T WANT TO FLY INTO BUILDINGS, PERIOD.

YOU DON'T WANT TO BE CLOSE TO THEM, PERIOD.

THE FAA HAS THEIR MINIMUMS, AND WE STAY BELOW THAT.

WE COULD KEEP BRINGING THE BUILDING DOWN AND THAT'S A CONCERN, BUT YOU REALLY DON'T WANT TO BE FLYING NEAR THAT BUILDING, AND I DON'T THINK IT'S ON A DIRECT GLIDE SLOPE.

I THINK WE ALSO HAVE MITIGATED SOME ISSUES WITH THE GLASS IN THE BUILDING FOR SOUND THAT'S, I THINK, WERE A CAT 5 SO THAT'S SOUND-BEARING.

>> I'LL GET INTO THAT.

>> YOU GET INTO THAT DETAILS. AS FAR AS OUR ISSUES WITH EXPERIENCE BUILDING ON THE BEACH, I HAVE THE EXPERTS THAT KNOW WHAT THEY'RE DOING ON THE BEACH.

I BRING IN PEOPLE FOR THE ENVIRONMENT AND FOR THE CONSTRUCTION, AND SOME OF THE BEST BUILDERS IN TEXAS.

WE CURRENTLY HAVE MARK LUDLOW ON THE PROJECT, AND [NOISE] I THINK NOBODY CAN ARGUE HIS EXPERTISE IN THIS AREA.

I DIDN'T GO AT THIS WITH THE IDEA OF WE'RE JUST STARTING A BUILDING THAT'S GOING TO FALL OVER.

IT'S A WIDE-BASED LEANING-BACK BUILDING TO MITIGATE AIR FLOWS AND MITIGATE THE WAY IT IS STRUCTURED ON THE GROUND, BUT I'LL LET THE EXPERTS GET INTO THAT.

THEN I'LL DO SOME CLOSING STATEMENTS BECAUSE I THINK A LOT OF THE ISSUES THAT ARE BROUGHT UP ARE SELF-CENTERED ISSUES, ESPECIALLY WITH THE COYOTE TRANSIT, SEASCAPE IS VERY INTERESTED IN THAT.

I DON'T KNOW IF THEY HAVE A COYOTE TRANSIT OR HAVE THOUGHT ABOUT WILDLIFE GETTING THROUGH THEIR PROPERTY.

WE HAVE ACCESS THROUGH THE PROPERTY, I CURRENTLY LIVE WITH COYOTES ON MY PROPERTY AND USE THEM TO MANAGE THE DEER POPULATION, SO I KNOW ALL ABOUT COYOTE TRANSITS AND COYOTE MANAGEMENT.

I THINK A LOT OF THIS IS BROUGHT UP BECAUSE OF THE NEIGHBORS WANTING TO BASICALLY CONTINUE TO USE THAT FOR VIEWS.

TIARA, NEXT DOOR, HAS BROUGHT IN EXHIBIT THAT SHOWS THEIR VIEW IS RELYING ON ABOUT 90% OF MY PROPERTY.

I DON'T THINK THAT'S QUITE FAIR.

AS FAR AS SEASCAPE, I UNDERSTAND THEY'RE LOOKING AT A BUILDING GOING IN NEXT DOOR, BUT I THINK WE HAVE DONE OUR PART IN HELPING THEM AND REBUILDING THEIR DUNES IN THE ENVIRONMENT.

[02:15:01]

EVEN IF IT COMES TO A FACT THAT I HAVE TO REBUILD THEIR DUNES COMPLETELY, I GET THEIR POINT OF VIEW, BUT I DO THINK IT'S A BIT SELFISH-MOTIVATED.

I DO THINK WE'RE GIVING TO THE COMMUNITY AS MUCH AS WE CAN, AND WE'RE EXPECTING TO GIVE MORE AS WE INFLUENCE THE AREA.

BUT A LOT OF THESE POINTS, WE'RE BUILDING WITHIN CODE, WE'RE ASKING FOR SOME DEVIATIONS AND WE HAVE TO.

THE PROJECT WON'T BE FUNDAMENTALLY FEASIBLE WITHOUT SOME OF THESE VARIATIONS.

I'M JUST GOING TO TELL YOU STRAIGHT OUT, WITH THE BUILDING CONSTRUCTION COSTS AND ITEMS, THIS MAY BE JUST A FIELD UNDEVELOPED, JUST LIKE IT'S BEEN FOR THE LAST 40 YEARS IF YOU CONTINUE TO TAKE NEIGHBORLY CONJECTURE AS A RULE OF LAW AS FAR AS THE ENVIRONMENT OR IMPACT.

LET ME GET INTO THE EXPERTS ON IT AGAIN, AND THEN I'LL GO THROUGH SOME CLOSING STATEMENTS AFTERWARDS. THANK YOU.

>> THANK YOU EVERYONE WITH YOUR COMMENTS.

JUST TALKING ABOUT ACOUSTICAL ISSUES RELATIVE TO AIRPLANES FLIGHT GLASS, WE HAVE ACOUSTICAL ENGINEERS ON THE JOB.

I PERSONALLY, AND MY COMPANY IN GENERAL HAVE DONE HIGH RISES WHERE WE'RE ON FLIGHT PATHS, MAJOR HIGHWAYS NEARBY, SO WE'RE VERY WELL AWARE OF THE SOUND AND TAKEN CARE OF THE SOUND ISSUES THAT MIGHT BE ASSOCIATED WITH THE PROJECT.

WE'LL PROBABLY BE BETTER THAN MOST THAT ARE ON THE ISLAND RIGHT NOW.

I'M GOING TO COME BACK TO WETLANDS AND TRAFFIC STUDY IN A MINUTE, OR TRAFFIC IMPACT.

THERE WAS A QUESTION ABOUT THE VAULT STORAGE.

THE VAULT IS NOT INTENDED TO HOLD WATER AND JUST DUMP IT OUT IN THE NEIGHBORHOOD, IT HAS REGULATORS.

IT IS INTENDED TO HOLD THE FLOODWATER ON PROBABLY NOT A CAT 5 HURRICANE, BUT UNDER NORMAL CIRCUMSTANCES, WE'RE ABLE TO RETAIN OUR SITE WATER AND NOT ADD IT TO THE DRAINAGE SYSTEM.

BUT WHERE WE CAN USE IT, WE'LL USE IT INTO OUR IRRIGATION SYSTEMS AND ANY OTHER POSSIBLE USES FOR THAT TYPE OF WATER.

THE OTHER ISSUE WAS TALKING ABOUT, WHERE'S THE WATER GOING THAT'S COMING FROM THE SEA? WE'RE GOING TO HAVE OPEN WALLS JUST LIKE ALL THE OTHER BEACHSIDE RESORTS WHERE THE STORM SURGE COULD BLOW RIGHT THROUGH.

IT'S NOT INTENDED TO DUMP WATER AND WE'RE NOT GOING TO GRADE IT.

WE HAVE ENGINEERS THAT WILL TALK THROUGH THIS.

WE'RE NOT GOING TO GRADE OUR SITE TO PUT WATER ON THE ADJACENT SITES, YOU CAN'T DO IT.

ALL OF THE GRADING AND SUCH, IT WAS DISCUSSED THAT WE'RE NOT GOING TO RAISE OUR SITE, WE'RE GOING TO DESIGN OUR SITE GRADING TO GET WATER TO GO WHERE IT'S SUPPOSED TO GO, EITHER IN OUR VAULT SYSTEM OR TO THE STORM DRAINAGE SYSTEMS THAT ARE ALLOWED.

I THINK THERE'S A LITTLE BIT OF A MISUNDERSTANDING THAT WE DON'T KNOW WHAT WE'RE DOING, WE DO, AND WE HAVE ENGINEERS TO LOOK AT THAT.

I'D LIKE TO ASK ON THE TRAFFIC AND, I BELIEVE, WETLANDS.

YOU WORKED AT THE WETLANDS TOO? YOU WORKED.

>> [NOISE] HI, I'M TYLER EATON WITH THE HALFF ASSOCIATES.

WE'RE THE CIVIL ENGINEER ON THIS PROJECT.

AS PART OF THIS PROJECT, SINCE IN THE PRELIMINARY PHASE, WE'VE DONE A PRELIMINARY DUE DILIGENCE ON THIS WHICH INCLUDED A PRELIMINARY ACCESS PERMIT, SUBMITTAL PACKAGE TO TXDOT.

AS PART OF THAT, THEY REQUIRE US TO LOOK AT THE TRAFFIC COUNTS AND TRAFFIC IMPACT THAT THIS DEVELOPMENT WILL BRING ONTO FM 3005.

AS PART OF THIS, BASED ON THE CODES THAT TXDOT USES FOR THIS TYPE OF DEVELOPMENT, IT DID FALL INTO THE HIGH-RISE CATEGORY WHICH IS CONSERVATIVE WITH WHAT WE ARE PROPOSING FOR THIS DEVELOPMENT, BEING MID-RISE AS THE CITY OF GALVESTON CODE READS.

EVEN WITH THAT DEVELOPMENT, THE TXDOT LOOKS AT PEAK HOUR TRAFFIC, SO PEAK HOUR BEING 7:00 AND 9:00 IN THE MORNING, 4:00-6:00 IN THE AFTERNOON.

THOSE NUMBERS WERE ONLY BETWEEN 30 AND 40 ADDED TRIPS BETWEEN THOSE PEAK HOURS, WHICH IS VERY MINIMAL TO OTHER DEVELOPMENTS THAT YOU SEE THAT ARE SIMILAR AROUND THE ISLAND.

TXDOT SPECIFICALLY CALLS OUT THAT A MULTIFAMILY HIGH-RISE WITH 156 DRILLING UNITS GENERATES ABOUT 50 TRIPS.

WE ARE WELL BELOW THOSE UNITS AND WELL BELOW

[02:20:01]

THOSE PEAK HOUR TRIPS THAT THIS DEVELOPMENT WILL GENERATE.

I'LL TURN IT OVER TO KEITH FOR THE WETLANDS.

>> IN REGARDS TO WETLANDS, WE DID A WETLAND DELINEATION ACCORDING TO THE CORPS OF ENGINEERS STANDARDS ON THE SITE BACK IN AUGUST OF 2022.

IT'S ALMOST TWO YEARS OLD NOW, BUT THAT WOULD BE SUBMITTED TO THE CORPS FOR VERIFICATION, IF REQUIRED, AS PART OF THE BUILDING PROCESS, SO WE'VE ADDRESSED THAT TO DATE.

>> YOU'VE DONE DELINEATION?

>> WE HAVE. YES, SIR. WE DIDN'T FIND ANY WETLANDS.

>> WOULD YOU STILL DO A VERIFICATION EVEN IF THERE'S NONE?

>> WELL, IF IT'S REQUIRED BY THE CITY TO HAVE THAT FROM THE CORPS, WE WOULD, BUT IF NOT, THEN NO BECAUSE WE DIDN'T FIND ANY WETLANDS ON THE SITE.

>> ANY OTHER QUESTIONS OF THE DEVELOPMENT TEAM?

>> I GOT A COUPLE.

>> WOULD THAT BE FOR ME OR WOULD THAT BE FOR THE TEAM MEMBERS?

>> WELL, IT'S FOR THE TEAM.

I CANNOT KEEP UP WITH WHO'S DOING WHAT PROCESS.

YOU'VE JUST GOT A BUNCH OF PEOPLE COMING UP HERE AND TALKING TO ME, AND I'M TRYING TO LISTEN AND I'M NOT KEEPING UP WITH WHAT THEY DO.

ONE OF THE THINGS YOU'RE SAYING WILL BE BENEFICIAL TO THE PUBLIC, YOU'RE GOING TO BUILD A WALKOVER?

>> YEAH, A PUBLIC WALKOVER AND A PUBLIC ACCESS DOWN ON ONE SIDE, ALSO A WATER STATION AS WE GO THROUGH THAT PERMITTING PROCESS TO HAVE FRESHWATER AVAILABLE FOR BEACH GOERS.

>> WELL, I'M LOOKING AT THE DESIGN HERE AND IT LOOKS LIKE IT'S GOT A GATE ON THE WALKOVER GOING INTO YOUR PROPERTY.

>> BUT THE GARAGE BUT THE GARAGE SIDE, NOT THE STRAIGHT THROUGH ONE. NO, THAT SHOULD BE OPEN.

>> WE DON'T HAVE A SECOND WALKOVER.

>> ARE YOU GOING TO DO A SECOND WALKOVER?

>> IF A SECOND ONE IS ALLOWED. CURRENTLY, [INAUDIBLE]

>> YOU GOT TO COME UP TO THE MIC.

>> THE CURRENT STANDARDS, AT LEAST AS I'M FAMILIAR WITH IT, IS YOU'RE ONLY ALLOWED TO HAVE ONE WALK OVER FROM YOUR PROPERTY ONTO THE BEACH.

IF THE SECOND ONE WOULD BE ALLOWED, CERTAINLY WE COULD DO THAT.

>> YOU GET A VARIANCE.

>> OR GET ACCESS THROUGH THE MAIN WALK OVER.

WE CAN DO THAT ALSO.

IF THAT'S REQUIRED, YOU SAY, YOU KNOW WHAT, DROP THAT GATE, GET THE MAIN ACCESS, WE'D BE GLAD TO PUT A MAIN ACCESS OVER AND IT WOULD SAVE MONEY.

AS A DEVELOPER, THAT WOULD BE A GOOD THING.

>> ONE OF THE THINGS GOING ON THE SAME THING ABOUT THE DUNE PROTECTION AND EVERYTHING, IS THE CAPTURING YOUR WATER RUNOFF.

YOU'RE USING A SYSTEM OF FRENCH DRAINS GATES OR GUTTERS, FRENCH DRAINS AND STUFF.

>> CAPTURING THAT WATER, CORRECT.

NOW, THE VAULTS HOLD WATER ANYWAYS AND THEY ARE PUMPED, SO YOU'RE SLOWING ACTUALLY THE WATER GOING DIRECTLY INTO THE DITCHES ON THE PROPERTY.

YOU'RE MITIGATING THE FLOW OF THAT WATER BUT ALSO CAPTURING IT TO SAVE FOR DUNE.

NOW, IF YOU FALL SHORT OF WATER USAGE, YOU USE CITY WATER BECAUSE THOSE DUNES ARE THE CRITICAL PORTION.

BUT THERE ARE PUMPED VAULTS, SO IT'S PRIMARILY FOR HOLDING WATER THAT'S COMING OFF THE BUILDING SITE AND THE CONSTRUCTION SITE, AND THEN THE SECONDARY IS WATERING THE DUNES.

>> YOU CAPTURE THE WATER THROUGH GUTTERS?

>> CORRECT.

>> I WOULD ASSUME FRENCH DRAINS.

THERE'S A LOT OF AREA THAT'S EXPOSED THERE FOR YOUR EXTERIOR DRIVEWAY, AND PARKING AND EVERYTHING.

THAT'S QUITE A BIT OF AREA.

WHEN WE GET ONE OF THOSE 1", 2'', AN HOUR OF RAINFALLS, HOW BIG IS YOUR STORAGE?

>> WELL, THE STORAGE IS LARGE AND THAT'S AN ENGINEERING.

>> ANOTHER HEAD.

>> DEFAULT TO THIS?

>> YES. MORE HEADS.

>> THE DETENTION VAULT OR THE UNDERGROUND VAULT THAT'S BEEN MENTIONED, IT WOULD DOUBLE AS MAINLY AS THE DETENTION VAULT TO SATISFY THE CITY'S DETENTION REQUIREMENTS OF ONE ACRE FOOT PER ACRE FOR THE DEVELOPABLE LAND.

ITS SECONDARY USE WAS AS IT FILLS UP AND IS STORED, THAT WATER WOULD BE USED TO IRRIGATE THE DUNES AS DREW MENTIONED.

BUT IN THE CASE OF HEAVY RAINS, WE CAN ONLY DESIGN TO THE CITY OF GALVESTON'S STANDARDS.

I THINK IT'S A 25 YEAR STORM EVENT WHICH WE'LL EVALUATE ONCE WE GET FURTHER INTO DESIGN ON THIS PROPERTY.

RIGHT NOW WE'RE VERY PRELIMINARY ON THE DESIGN

[02:25:01]

AND JUST KEEPING A HIGH LEVEL GOING THROUGH THE CODES.

THAT'S THE INTENT OF THAT VAULT, WOULD BE ONE DETENTION BASED ON THE CURRENT CITY STANDARDS AND THEN TWO, TO HELP ANY WATER THAT'S STORED UP THROUGH THERE TO HELP IRRIGATE THE PROPERTY AND THE DUNES.

>> IF WE'RE GOING INTO A DROUGHT SITUATION, YOU WOULD RETAIN SOME OF THE WATER IN THAT SYSTEM TO IRRIGATE THE DUNES?

>> IT COULD BE DONE.

>> IT COULD BE DONE. YOU TALK ABOUT SHARING THE WATER SUPPLY FOR THIS IRRIGATION SYSTEM FOR THE DUNES AND YOU HAVE ALREADY PLANS IN MIND TO DO THAT IN THE EVENT THAT YOU GET ACCEPTANCE BY THE OTHER PROPERTIES.

>> WELL, YEAH. IT'S A TEAM EFFORT ON THOSE DUNES. IT'S NOTHING WHAT WE'RE DOING.

IT'S INDIVIDUALLY IS GREAT, BUT A TEAM EFFORT WILL HOLD THOSE DUNES TOGETHER BETTER.

IF THEY DON'T HAVE ANY VAULTS OR WANT TO MITIGATE THAT, I'M ALL FOR IT.

THE ISSUE IS HAVING THEM COME TOGETHER AND COOPERATE WITH THEIR DUNES RECONSTRUCTION, WHETHER THEY WANT THAT OR NOT.

>> I CAN'T THINK OF ANYTHING ELSE RIGHT AT THIS MOMENT. THANK YOU.

>> COUNSEL MEMBER LISTOWSKI, DID YOU HAVE A QUESTION?

>> DO YOU HAVE ANY NUMBERS ON HOW THIS EFFECT OR WHAT TYPE OF PROPERTY TAX THIS GENERATES AT THE END OF THE DAY?

>> PATTY, WHAT'S THE PROPERTY TAX RATE.

>> BASED ON THE CITY OF GALVESTON'S TAX RATE, IT WILL BE JUST A LITTLE UNDER 400,000 AT THE CERTIFICATE OF OCCUPANCY.

THAT DOES NOT INCLUDE GALVESTON COUNTY, GALVESTON ISD, OR THE OTHER TAXING JURISDICTION.

THAT JUST INCLUDES THE 0.41 FOR THE CITY OF GALVESTON'S TAX RATE.

>> WHAT'S THE MARKET VALUE ON THAT?

>> I'M SORRY. GO AHEAD.

>> WHAT'S THE TOTAL TAX VALUE FOR THE COUNTY AND EVERYTHING ELSE? WE'RE AT ONE POINT.

>> IT'S JUST A LITTLE OVER A MILLION DOLLARS BUT WE USED $90 MILLION AS A PROJECTED TAXABLE VALUE.

>> THAT'S WHAT I NEEDED. THANK YOU.

>> ANY OTHER QUESTIONS?

>> MR. GALEN, WHEN WE WERE TALKING ABOUT THE FAA AND THE HEIGHT REQUIREMENT EARLIER, YOU MENTIONED THAT YOU COULD GO 10 FEET LOWER.

>> WELL, MY QUESTION IS, LET'S ANALYZE THE BENEFIT OF THAT.

IN OTHER WORDS, YOU CAN DO ANYTHING YOU WANT WITH THIS. WE COULD GO ALL THE WAY DOWN.

THE POINT IS WE'RE ASKING FOR THAT HEIGHT BECAUSE THAT'S PROJECT VIABILITY.

>> I GET THAT. COMPLETELY [OVERLAPPING].

WELL, I'M LOOKING AT YOUR PLANS HERE AND THE PROPOSED UNITS.

I DON'T KNOW WHAT FLOORS THESE COVER.

IF YOU WENT TO 10 STORIES, HOW MANY UNITS WOULD YOU HAVE?

>> WE WOULD HAVE 72. YES.

>> IT'S EIGHT PER FLOOR.

>> ON THE FINANCIAL SIDE OF LOSS TO THE PROJECT, WE'D LOSE AROUND SEVEN OR $8,000,000 OFF THAT PROPERTY VALUE.

>> DOES THAT MAKE IT NOT VIABLE?

>> IT'S GETTING TIGHT AS WE GET CLOSER AND CLOSER TO THAT NUMBER.

WE'RE A SMALLER BUILDING THAN TIARA.

WE DON'T HAVE AS MUCH SQUARE FOOT TO SELL.

AS WE BRING THE UNITS DOWN IN SIZE, WE START FALLING OUTSIDE OF THE MARKET STUDY.

WE DID DO AN EXTENSIVE MARKET STUDY BY ZONDA.

IT GAVE US A CERTAIN PRICE RANGE TO BE AT.

IF WE GO VERY BEYOND THAT, WE START JEOPARDIZING THE PROJECT.

LIKE I SAY, THE METER, EVERY TIME YOU DECIDE TO MOVE SOMETHING, IT CREATES A STRESSFUL SITUATION ON THE FINANCIAL MODELS.

I DON'T MEAN TO GO INTO COMPLEXITY, BUT, I KNOW, WE LOSE A FLOOR, IT'S A LOT OF MONEY LOST.

>> BECAUSE IT ADDS EXCLUSIVITY TO YOUR PROPERTY.

>> I'M SORRY.

>> YOU COULD ADD EXCLUSIVITY TO YOUR PROPERTY.

WELL, I JUST WANTED TO FIND OUT HOW MANY UNITS IT WOULD REDUCE IF YOU WENT TO 10 FLOORS.

>> [OVERLAPPING]. I'M MORE ON THE FINANCIAL SIDE AND ON THE ENVIRONMENTAL SIDE.

>> NO, I UNDERSTAND.

>> TO EXPAND A LITTLE BIT ON YOUR THOUGHTS.

WHEN WE LOWERED THE BUILDING FOR FAA, THAT GENERATED THESE EXTENSIONS ON THE SIDE THAT YOU SEE RIGHT THERE.

WE WERE TRYING TO NOT HAVE SO MANY OF THOSE.

WE CAN STACK THOSE ALL THE WAY UP 10 STORIES AND GET ALL THOSE UNITS BACK.

THOUGH WE'RE TRYING NOT TO HAVE SUCH A MASSIVE BUILDING.

AS YOU CAN SEE BY THIS, IT'S VERY BROKEN DOWN, IT'S VERY ARTICULATED.

YES, WE COULD LOWER IT, BUT WE'D HAVE TO DO SOMETHING WITH THOSE WINGS THAT YOU SEE THERE TO BE ABLE TO ADD.

>> WANTED TO MAINTAIN IT?

>> WE WANTED TO MAINTAIN THOSE EIGHT UNITS.

>> I GET IT. LIKE MR. WALLACE SAID EARLIER, I THINK IT'S A BEAUTIFUL CONCEPT.

>> WELL, IT BECOMES MORE BLOCKY, AND THEN ALL OF A SUDDEN YOU'VE GOT WIND FLOW PROBLEMS AND IT STARTS TO MOVE OUTSIDE THAT ENVELOPE OF THE ENVIRONMENTAL AND BEAUTIFICATION, THE FINANCIALS AND WHAT IT DOES TO THE COMMUNITY.

[02:30:01]

WE'RE TRYING TO AFFECT THE COMMUNITY IN A POSITIVE WAY AND THAT'S IMPORTANT.

IT DEFINITELY IS A TAX REVENUE FOR THE AREA.

I UNDERSTAND THAT EVERYBODY HAS THIS UNDERLYING FEAR AND A SELF INTERESTED OPINION ON WHAT WE CAN DEVELOP ON THAT PROPERTY.

THAT PROPERTY HAS NOT BEEN DEVELOPED AND MOST LIKELY WILL NOT BE DEVELOPED IF IT DOESN'T FIT INTO A FINANCIAL MODEL.

WE DON'T DO THESE THINGS FOR FREE.

FORTUNATELY, I DON'T DO THINGS ALONE WHEN I DEVELOP THIS AND WE ARE DOING IT WITH MINDFULNESS OF THE ENVIRONMENT AND TRYING TO MITIGATE ISSUES BETWEEN THE NEIGHBORS.

BUT THERE'S A LOT THAT I CAN'T DO AS FAR AS ON THE TIER SIDE, THE VIEW.

I KNOW WHY THEY'RE GOING AFTER THE PROJECT AND I FEEL FOR THE PAIN OF THEIR DESIGN THAT'S SET BACK BECAUSE IT HAS TO BE SET BACK.

BUT SENDING A DIAGRAM TO US IN A NEGOTIATION SAYING WE WANT TO USE 90% OF YOUR PROPERTY FOR OUR VIEW, IS NOT A FRIENDLY WAY TO OPPOSE OUR PROJECT.

THE OPPOSING SIDES LOOKING AT THE ENVIRONMENT, THEY DON'T SEEM TO BE TOO INTERESTED IN DOING THE ENVIRONMENTAL SIDE OF DUNES RECONSTRUCTION AND COYOTE PASSAGE.

I'M WILLING TO HELP WITH THAT BECAUSE I THINK IT'S THE BIGGER PICTURE HERE.

BUT PROJECTS THAT AFFECT A BIGGER PICTURE REQUIRE A BIGGER FOOTPRINT, OTHERWISE, THEY JUST DON'T GET DONE.

I THINK TIARA KNOWS VERY WELL ABOUT THE FINANCIAL BOTTOM LINE ABOUT WHAT THEY'RE TRYING TO SELL AND BUILD THEIR UNITS FOR.

WE ARE STUCK WITH AN ENVELOPE TO ENSURE THAT THIS BUILDING GETS DONE AND TO ENSURE THAT THE BUILDING IS FINANCIALLY VIABLE FOR A LONG PERIOD OF TIME.

IT'S VERY DIFFICULT TO SQUEEZE THAT ENVELOPE DOWN AND THEN FALL INTO A SITUATION WHERE YOU'RE JUST PASSING ON THE RESPONSIBILITY LATER ON DOWN THE LINE.

NOW WE'RE TALKING ABOUT DUNE STEWARDSHIP AND WE'RE TALKING ABOUT ENVIRONMENTAL AND WE'RE TALKING ABOUT WATER FOR THE DUNES ACCESS AND WE'RE TRYING TO IMPROVE THAT AREA.

IF YOU NOTICE THE END OF THE SEAWALL, IT'S VERY DIFFICULT TO GET DOWN TO THE END OF THE SEAWALL.

VERY DIFFICULT TO GET PASSAGE.

IN THAT AREA, WHEN YOU BUILD UP THOSE DUNES, YOU DON'T HAVE A PUBLIC CROSSOVER AND ACCESS, YOU DON'T HAVE THE ABILITY FOR THE PUBLIC TO GET IN THERE, PERIOD.

IT'S JUST THE WAY IT IS ON THAT AREA.

IT'S VERY DIFFICULT TO ACCESS THAT BEACH.

WHEN I GO BACK TO THE SIZE OF THE PROJECT, IT'S IMPORTANT THAT THE SIZE IS THERE TO MITIGATE THOSE PROBLEMS WITH DUNES MANAGEMENT AND MINDFULNESS.

IT'S A DIFFICULT THING AND CHANGE AND GROWTH IS DIFFICULT. BUILDINGS WILL GET MADE.

I THINK GALVESTON IS MOVING INTO A NEW AREA AS WE DO THAT.

I KNOW PEOPLE ARE RESIDENTS HERE.

I HAVE OUR PLACE ON THE BEACH AND THE PUBLIC ACCESS IS RIGHT NEXT TO MY PLACE OVER IN SUNNY BEACH.

I DO FEEL THE PAIN OF GROWTH AND CHANGE.

THEY'RE BUILDING THE ENTIRE PORTION OVER THERE NEXT DOOR TO US AND CHANGING THE PUBLIC ACCESS TO THAT BEACH, BRINGING THE CARS BACK AND PARKING IN PARKING LOTS, AND MAKING PEOPLE WALK DOWN TO THE BEACH.

I FEEL THAT CHANGE AND I FEEL THAT PAIN.

BUT THE PROJECTS DO REQUIRE A CERTAIN SIZE TO MAINTAIN THEIR EFFECT IN A POSITIVE WAY IN THE AREA.

THERE MIGHT BE MORE QUESTIONS.

THERE WAS A LOT OF THINGS BROUGHT UP AS FAR AS WHY WE SHOULDN'T BUILD THIS BUILDING, BUT I DID NOTICE THAT A MAJORITY OF IT IS BASICALLY THE TWO RESIDENTS NEXT DOOR, AND THEY JUST DON'T WANT TO SEE A BUILDING NEXT DOOR.

I REALLY WANT TO SEE THE BUILDING THERE AND I WANT TO HAVE THEM HAPPY.

HONESTLY, I AM A DEVELOPER AND I HAVE A WATER DISTRICT.

I'M ON THE BOARD OF A MUD AND FIVE CHARITIES.

I AM A PRESIDENT OF FOUR HOAS, SO I DON'T GET TOO MUCH SLEEP, AND I UNDERSTAND YOUR POSITION OVER THERE, BUT I DO UNDERSTAND THAT IT'S VERY DIFFICULT TO MAKE ALL THE PEOPLE HAPPY ALL THE TIME.

THAT'S JUST A VERY DIFFICULT THING TO DO.

YOU HAVE TO LOOK AT THE SCOPE OF THE PROJECT AND HOW WE'RE IMPACTING THE AREA, AND OF COURSE, THE TAX REVENUES THAT THIS DOES GENERATE.

I THINK OUR EXPERTS HAVE DESIGNED THAT BUILDING CORRECTLY.

I THINK THE TRAFFIC PASSAGE TO THAT AREA IS NOT OVERLY BURDENSOME, AND I THINK THE DATA BACKS THIS UP.

I THINK THE FEARS CAN BE ALLEVIATED BY ALL THE INFORMATION THAT WE HAVE ALREADY BROUGHT TO THE TABLE.

OTHERWISE, WE WOULDN'T HAVE BROUGHT IT TO THE TABLE.

THESE GUYS ARE GOOD AT WHAT THEY DO.

WHAT NEXT DO YOU WANT TO SAY? ANYTHING ELSE?

>> ANY OTHER QUESTIONS?

>> KIND OF SLIDING OVER TO SALES AND MANAGEMENT.

YOU GUYS ARE YOU'RE IN THE SALES PORTION PORTION, CORRECT? IN THE SALES DEPARTMENT SALE, YOU'RE SELLING THE UNITS.

>>MY EXPERTISE ON THIS PARTICULAR PROJECT?

>> YEAH, DO YOU HAVE SOMEBODY MANAGING AND SELLING THE PROJECT PROPERTIES?

>> YEAH, DEFINITELY.

>> YOU'RE GOING TO HAVE CONTINUING MANAGEMENT.

YOU'RE GOING TO BE RESPONSIBLE FOR CONTINUING MANAGEMENT.

[02:35:03]

>> THERE WILL BE A DUAL LEVEL.

WE HAD REAL GOOD INPUT FROM RICHARD OVER THE PALISADES, AND IT'S A DUAL LEVEL HOA.

THE MASTER HOA STILL MAINTAINS CONTROL OVER THE SITE, SO IT DOESN'T GET OUT OF CONTROL.

VERY IMPORTANT TO KEEP THIS DUNE STEWARD SHIP AND MINDFULNESS AS FAR AS THE PROJECT GOES ON IN THE FUTURE.

THERE IS A DUAL STEP HOA TO TIE THIS INTO THE COMMUNITY AND MAKE SURE THAT BENEFIT IS ONGOING, CORRECT.

>> WE'VE HEARD THE PUBLIC COME BEFORE.

I WILL I HAVEN'T HEARD ANYBODY SAY THEY'RE ANTI DEVELOPMENT.

THEY'RE REALLY PROBABLY MORE PRO RULES THAN ANTI DEVELOPMENT.

IT'S DIFFICULT TO STAND IN THAT SPOT AND BELIEVE IT OR NOT, I'VE STOOD THERE AS MUCH AS I'VE SAT HERE.

I GUESS WHAT I'M GOING TO ASK YOU IS THIS.

YOU'VE HEARD THAT.

I DON'T THINK ANY OF US ARE ANTI DEVELOPMENT, I DON'T LIKE THAT TERM.

WE'RE HERE TO TRY AND YOU HAVE A RESOLUTION TO YOUR PROJECT.

BUT IT'S A VERY BIG ASK, IT'S A 11 THING, FOR 11 FOR WHOEVER MANAGES OF WE DON'T WANT THOSE INCLUDED.

LET ME JUST SAY WHAT I'M HEARING IS, IS THAT A PROJECT THAT ALIGNS MORE WITH WHAT THE STANDARDS ARE INSTEAD OF ALL THESE VARIATIONS WOULD PROBABLY BE RECEIVED.

I'M CERTAIN THESE FOLKS WOULD LIKE TO SEE SOMETHING MORE ALONG THOSE LINES.

I DON'T THINK THEY DON'T LIKE YOU, I DON'T THINK THAT THEY DON'T WANT YOU TO DO A BUILDING.

I'M GOING TO ASK YOU THIS SIMPLE QUESTION.

I'VE STOOD THERE, I CAN TELL YOU IT'S NOT REAL HARD FOR ME TO READ THE TEA LEAVES ON THIS, AND I'M GOING TO ASK YOU THIS.

DO YOU WANT TO RECONSIDER SOME OF THESE ITEMS OR DO YOU WOULD YOU LIKE FOR US TO MOVE FORWARD WITH WHAT YOU'VE PRESENTED WITH US TODAY?

>> WITH THAT I'M GOING TO HAVE TO ASK SOME OF THE EXPERTS HERE BECAUSE THIS IS A COMPLEX QUESTION.

>> IN ALL FAIRNESS, I'LL GIVE YOU A FEW MINUTES.

YOU KNOW WHAT, IF YOU'D LIKE, LET'S TAKE A QUICK BREAK.

>> YEAH, THAT'S A GOOD IDEA.

>> WE'LL LET YOU GUYS DISCUSS IT.

BUT I GUESS WHAT YOU UNDERSTAND WHAT I'M ASKING.

>> I UNDERSTAND.

>> WE'RE GOING TO TAKE A FIVE MINUTE BREAK AND WE'RE GOING TO COME BACK.

[BACKGROUND]

>> IF YOU GUYS DON'T MIND, LET'S GET THE MEETING BACK TO ORDER.

I'VE ALWAYS WANTED TO DO THIS.

[NOISE] THANK YOU. DREW, IT'S A SIMPLE QUESTION.

WOULD YOU LIKE TO MOVE ON WITH THIS OR WOULD YOU LIKE TO TELL YOU WHAT?

>> I DO LIKE MEETING WITH YOU ALL.

[LAUGHTER] I LIKE HEARING SOME OF THE OBJECTIONS TO THE PROJECT BECAUSE IT CONTINUALLY GETS ME AWARE ABOUT WHAT'S GOING ON.

I WISH MORE PEOPLE IN GALVESTON WOULD SPEAK OUT IN MY FAVOR OF A BEAUTIFUL PROJECT AND I DO APPRECIATE THAT, BUT THAT'S THE BUSINESS.

NOBODY IN MY HOA SPEAK POSITIVELY ABOUT WHAT THE HOA IS DOING OUT OF THE FOUR HOAS.

>> UNDERSTOOD.

>> I DO TEND TO FILIBUSTER A JUST CAN'T HELP.

IT'S EXTREMELY COMPLEX FINANCIAL MODEL AND IT'S A COMPLEX IMPACT ON THE AREA.

I HATE TO KEEP DOING THIS TO THE COMMITTEE, I CERTAINLY DON'T WANT YOU TO TURN ME DOWN, BUT I'M WILLING TO DO THINGS TO GET THERE AND I'M WILLING TO MOVE THINGS AROUND.

I NEED TO CHECK NUMBERS ON THIS.

IF I CAN GET A DEFERRAL, AGAIN, I'LL DEFER IT AND MAYBE MORE PEOPLE CAN COME IN WITH MORE THINGS AGAINST US, I GUESS.

BUT I DEFINITELY WILL LOOK AT MOVING THIS AROUND SOME MORE.

I DON'T WANT TO BRING UP THOSE WALLS, BECAUSE THEN I REALLY AM BLOCKING TIERRA.

I KNOW TIERRA HAS GOT THAT IN THEIR MIND, AND I DON'T WANT TO BLOCK MORE ON THE SIDE.

WE'LL LOOK AT IT. I'LL DO THE NUMBERS.

I'LL RUN THE NUMBERS. I DON'T KNOW HOW MUCH I CAN BRING THAT DOWN BY LOSING A FLOOR.

IF I DO BRING IT DOWN, THE UNITS GET SMALLER AND IT JUST CREATES A DIFFERENT FINANCIAL MODEL.

BUT I'LL RUN THE NUMBERS. IF YOU'LL LET ME DEFER AGAIN, GIVE ME SOME TIME.

[02:40:02]

THESE THINGS, I'VE PUT IN SEVERAL MILLION DOLLARS INTO THIS ALREADY, PLUS THE PROPERTY.

IT'S WORTH DOING THE HOMEWORK ON AND MAKING SURE WE GET THROUGH THIS STEP, BECAUSE THIS STEP IS THE FIRST STEP OF MULTIPLE STEPS COMING UP.

WE'LL RUN INTO THE SAME PROBLEM WITH THE CITY COUNCIL, AND I DON'T WANT TO GO INTO A SITUATION WHERE WE'RE GETTING APPROVED HERE AND THEN IT JUST GOES INTO A DISASTER WITH THE CITY COUNCIL.

THIS IS ABOUT A LONG-TERM PROJECT, SO I'D RATHER GET IT RIGHT WITH YOU ALL FIRST, AND THEN WE CAN MOVE ON TO DEFENDING THIS CASE AGAINST ANY PUSHBACK FROM THE NEIGHBORS WHEN WE GET TO COUNCIL.

WE REALLY WANT TO BUILD THIS PROJECT.

WE'RE DOING THIS AND SPENDING THE MONEY TO DO THIS.

WE REALLY WANT TO ADD THIS TO THE SKYLINE.

THIS IS A PERSONAL THING.

I UNDERSTAND. HERE'S WHAT IF YOU CAN.

>> GO ON.

>> ARE WE GOOD WITH ALL THIS, DONNA?

>> HONESTLY, I'M A LITTLE CONCERNED WITH THE PROCEDURE AND THE REQUEST OF THE APPLICANT AS TO WHETHER OR NOT HE WANTED TO WITHDRAW THE CASE AT THIS POINT IN TIME.

A DEFERRAL, HE CAN ASK FOR THIS MATTER TO BE DEFERRED, BUT A VOTE A MOTION ON A DEFERRAL STILL HAS TO BE MADE AND VOTED ON.

>> AND DISCUSSED.

I GUESS THE COMMISSIONERS NEED TO RECOGNIZE THEIR ROLE AS TO REVIEW WHAT'S BEEN PRESENTED TO THEM AND OF COURSE, TO LISTEN TO PUBLIC COMMENT.

I'LL ALWAYS GO BACK TO REVIEW WHAT'S BEING PRESENTED TO YOU AND THEN MAKE A MOTION, SECOND IT AND THEN VOTE.

>> VERY GOOD. UNDERSTOOD. THANK YOU. THANK YOU, DREW.

WE'RE GOING TO CLOSE THE PUBLIC HEARING AND WE'RE GOING TO BRING THIS BACK TO THE COMMISSION FOR ACTION AND I MAKE A MOTION THAT WE DEFER 23P-091.

WE HAVE A MOTION AND A SECOND AND WE HAVE SOME DISCUSSION.

I'M JUST GOING TO THROW THIS OUT THERE, GUYS.

>> THE DATE IS CERTAIN?

>> MA'AM.

>> THE DATE IS CERTAIN?

>> THIRTY DAYS IS FINE.

>> THIRTY DAYS. GOOD. WE'LL GET A DATE FOR YOU, DONNA.

GUYS, MY THOUGHTS ARE THIS.

I DON'T WANT TO MISLEAD THE APPLICANT.

THERE'S A LOT OF MOVING PARTS IN THIS DEAL.

I THINK WE NEED TO DISCUSS WHAT WE'VE HEARD, A DIRECTION WE THINK THIS NEEDS TO GO.

WE CAN EITHER VOTE FOR A DEFERRAL UP OR DOWN, AND IF THE DEFERRAL DOES NOT PASS, WE CAN HAVE ANOTHER VOTE ON THIS ITEM.

WE DON'T NECESSARILY HAVE TO DEFER IT.

THE MOTION IS THERE.

I'M JUST GOING TO START OFF BY SAYING THAT THE PROJECT NEEDS TO BECOME MORE IN LINE WITH WHAT THE STANDARDS ARE.

I CAN GET INTO THE SPECIFICS OF THAT, BUT THERE'S 11 OF THEM.

THAT'S MY COMMENT.

I'D REALLY LIKE TO HEAR A DIRECTION YOU GUYS WOULD LIKE TO GO ON THIS.

>> I HAVE A QUESTION. IF THERE WAS A DENIAL, CAN THE APPLICANT COME BACK?

>> GO TO COUNCIL.

>> WHERE IT GOES FROM HERE IS, IS LET'S JUST SAY THAT IF WE WERE TO NOT APPROVE THE DEFERRAL, WE WOULD HAVE A MOTION TO EITHER APPROVE OR DISAPPROVE.

THEN OUR TASK IS TO SEND A RECOMMENDATION TO CITY COUNCIL, AND CITY COUNCIL WOULD TAKE IT FROM THERE.

AT THE END OF THE DAY, THEY'RE THE ONES WHO ARE GOING TO APPROVE THIS. THE 16TH?

>> COMMENTS? I DON'T WANT TO FLY SOLO ON THIS. I WANT YOU ALL ON BOARD.

>> I'LL COMMENT. WE'VE HAD THIS DISCUSSION BEFORE.

WE'VE REVIEWED THE 11 PROPOSED DEVIATIONS.

THERE'S BEEN SOME CHANGES, BUT WE STILL HAVE 11 DEVIATIONS.

I DON'T KNOW IF A DEFERRAL IS GOING TO MAKE THAT CHANGE.

ARE WE GOING TO SIT THROUGH THIS ENTIRE PROCESS AGAIN-

>> EXACTLY.

>> FOR ANOTHER EVENING WITH THE SAME 11 DEVIATIONS REQUESTED?

>> WHAT ABOUT OVER HERE?

>> WELL, I THINK SHE'S MAKING A GOOD POINT THAT WE'VE GOT TO IDENTIFY SOMETHING THAT THAT WOULD PUT US A LITTLE BIT CLOSER TO ACTUALLY GETTING IN A VOTE OF YAY AND NAY.

BECAUSE OF ALL THE DEFERRALS AND STUFF WE KEEP LOOKING AT,

[02:45:03]

THERE'S CONCERNS I HAVE.

I'M NOT GOING TO MENTION THOSE CONCERNS UNTIL WE GET TO THAT POINT WHERE WE'RE ACTUALLY VOTING ON ACCEPTING OR REJECTING THIS PROPOSAL.

I FEEL YOUR PAIN ON ANOTHER NIGHT, AND I'M SURE THEY FEEL THE PAIN ON ANOTHER NIGHT AND TRYING TO GO BACK TO THE DRAWING BOARD.

THIS IS ONE OF THOSE THINGS WHERE I JUST THINK MAYBE WE OUGHT TO JUST GO AHEAD AND VOTE AND LET CITY COUNCIL HAVE SOMETHING TO WORK WITH.

THEY GOT THEIR ANSWER.

>> THEY'LL HAVE SOME TIME TO DO THAT.

>> THEN THEY CAN GO TO CITY COUNCIL AND SEE WHAT HAPPENS.

>> WAS GOING TO QUESTION.

IN-BETWEEN OUR APPROVAL OR DISAPPROVAL OF HIS DESIGN OR THE SITUATION, CAN HE MAKE CHANGES?

>> CERTAINLY.

>> THE DESIGN IN-BETWEEN, DOESN'T HAVE TO BE THE SAME ONE THAT WE RECEIVE?

>> NO. HE COULD MAKE CHANGES WHEN HE GOES TO CITY COUNCIL AND PRESENT THOSE CHANGES AT CITY COUNCIL.

THAT'D BE ENTIRELY UP TO HIM.

HE CAN GO WITH WHAT HE HAS OR HE CAN MAKE THE CHANGES AND PRESENT THEM TO CITY COUNCIL IN LIEU OF BRINGING THEM BACK TO US.

THAT'S CERTAINLY AN OPTION FOR THAT.

>> I LOVE THAT. I LIKE THAT.

>> ANTHONY.

>> NO, I WAS JUST GOING TO SAY, FOR ME, I FEEL IT'S INAPPROPRIATE TO HAVE THIS CONVERSATION JUST ON A MOTION TO DEFER.

WE'RE GOING TO DEFER, YES OR NO.

IF WE'RE GOING TO VOTE ON THE APPLICATION AS PRESENTED, I THINK I WOULD FEEL MORE COMFORTABLE HAVING A MOTION ON THAT.

WE COULD HAVE THE DISCUSSION OUT IN THE OPEN ABOUT IT.

>> JOHN, ANY COMMENTS? FAIR ENOUGH.

THOSE IN FAVOR OF THE DEFERRAL, RAISE YOUR HAND. THOSE OPPOSED? THE DEFERRAL FAILS.

[BACKGROUND] I'M GOING TO MAKE ANOTHER MOTION THAT WE DENY 23P-091 DUE TO AN EXTENSIVE LIST OF DEVIATIONS.

>> I SECOND THE MOTION.

>> WE HAVE A MOTION AND A SECOND FOR A DENIAL, AND WE'LL HAVE SOME DISCUSSION.

WHAT I'D LIKE TO DO HERE, GUYS, IS THIS IS WHERE WE'RE GOING TO COME UP WITH OUR SHORT LIST OF RECOMMENDATIONS TO SEND TO CITY COUNCIL OF WHAT WE WOULD LIKE TO SEE DONE ON THIS.

WHAT WILL PROBABLY END UP HAPPENING IS ONCE WE HAVE OUR LITTLE SHORT LIST AND WE AGREE ON THEM, WE'LL MAKE A CHANGE TO OUR MOTION.

WE MAY HAVE A NEW MOTION THAT HAS THAT.

DOES EVERYBODY UNDERSTAND WHAT WE'RE TRYING TO DO HERE?

>> AM I GOING THE WRONG WAY ON THIS?

>> I THINK IF IT'S A RECOMMENDATION FOR DENIAL, THEN YOU'RE NOT MAKING ANY RECOMMENDATION.

>> WE SEND NO RECOMMENDATION AT ALL OTHER THAN JUST TO DENY IT?

>> THAT'S WRONG.

>> YOU STATE YOUR REASON FOR THE DENIAL.

>> WE'RE GOING TO SEND OUR REASONS FOR THE DENIAL WITHOUT ANY RECOMMENDATION.

>> SEND YOUR REASONS FOR DENIAL, AND I THINK YOU PROBABLY NEED TO CAPTION IT AS BECAUSE IT DID NOT, OR 20 FEET, WE WOULD DO 15 FEET. IS THAT WHAT YOU'RE SAYING?.

>> FOR DENIAL.

>> ELEVEN. LET'S JUST SAY YOU WANT TO TAKE EACH ONE INDIVIDUALLY AND DENY AND GIVE A REASON FOR THE DENIAL TO EACH ONE?

>> NO.

JOHN, WE ARE TASKED WITH THE DUTY TO SEND THIS STUFF TO YOU, FULLY VETTED, WITH OUR RECOMMENDATIONS, WHETHER IT'S TO APPROVE OR TO DENY.

I'M OF THE OPINION THAT IF EITHER WAY IT NEEDS TO COME TO COUNCIL, AND YOU CAN CORRECT ME ON, WITH RECOMMENDATIONS, AND I'M JUST GOING TO PICK AN EXAMPLE, THAT WE DENY THIS REQUEST BECAUSE OF THE HEIGHT LIMITATION, AND THAT OUR RECOMMENDATION IS THAT CITY COUNCIL CONSIDER A HEIGHT THAT'S WITHIN THE LIMITS OF THE LDR.

WOULD THAT BE APPROPRIATE? IS EVERYBODY ON BOARD OF WHAT WE'RE DOING HERE?

>> WE HAVE TO DO A NEW MOTION?

>> [INAUDIBLE] INFERENCE THAT WE'RE WORKING THE REST OF IT.

>> WELL, NOT.

>> THIS IS WHAT WE'VE TALKED ABOUT IN THE PAST DOING.

COUNCIL HAS SEEN THESE PUDS SEVERAL TIMES.

PLANNING HAS DENIED IT JUST OUTRIGHT WITH NO REASON.

[02:50:03]

COUNCIL APPROVES IT. WE DON'T KNOW WHAT THEY HAVE TALKED ABOUT HERE.

IF THEY LIKE A PART OF THIS, IF THEY DON'T LIKE A PART OF IT, IF IT WAS HE ASKED FOR 11 AND THE HEIGHT WAS THE ISSUE, BUT THE OTHER 10 WERE FINE.

WE WOULD LIKE AS MUCH INFORMATION AS WE CAN GET AT A COUNCIL LEVEL TO MAKE A VALID DETERMINATION ON WHAT YOU ALL'S THOUGHT PROCESS WAS ON THIS APPLICATION.

IF IT'S ALL 11, YOU SAY, HEY, WE WANTED TO STAY WITHIN THE CODE. THAT'S RIGHT.

>> GO THROUGH EACH ONE.

>> IF THAT BODES WELL WITH THE COUNCIL REPRESENTATIVE, THEN I THINK THAT'S WHAT HE'S ASKING FOR AS WELL.

>> COMMISSIONERS, BEAR WITH ME.

WE HAVE ANOTHER ONE OF THESE TONIGHT TOO.

I THINK IT'S IMPORTANT THAT WE TRY AND GET THIS RIGHT.

IT'S LIKE MAKING SAUSAGE, IT'S NOT PRETTY.

I'M GOING TO SAY IN THE DISCUSSION THAT MY PROBLEM IS WITH HEIGHT.

THE HEIGHT IS WHAT TRIGGERS ALL THE OTHER PROBLEMS WITH THIS.

I'M LOOKING ON THIS PAGE THAT HAS ALL OF THESE.

>> THAT'S WHAT I USED.

>> I'M LOOKING AT NUMBER 2.

>> THAT'S THE ONE I'M LOOKING AT.

>> I'M LOOKING AT NUMBER 2 THAT IF THE HEIGHT WAS AT 105 FEET OR MEETS THE STANDARD, THAT WOULD BE MY RECOMMENDATION.

I'M DENYING IT BECAUSE IT'S TOO HIGH, BUT MY RECOMMENDATION IS TO CONSIDER A BUILDING THAT MEETS THE LDR STANDARD.

ANOTHER ONE IS WHERE THEY'RE ACTUALLY OMITTING THE LEADING REQUIREMENTS.

THEY'RE OMITTING THE IMPROVED OPEN SPACE REQUIREMENT.

THEY'RE OMITTING THE WALL PLAN ARTICULATION.

THEY'RE OMITTING THE DEVIATION FOR COMMUNITY BENEFITS.

MY COMMENT IS, IS THAT THOSE ITEMS, IF THEY'RE GOING TO OMIT THE OPEN SPACE, THEN MY RECOMMENDATION IS THAT THEY PROVIDE SOME COMMUNITY BENEFIT FOR THE DELETION OF THE OPEN SPACE.

YOU ALL ALL HAVE A PUZZLED LOOK ON YOUR FACE.

>> I GET WHAT YOU'RE GETTING.

>> HAVE YOU STARTED?

>> YES, MA'AM.

>> YOU READ YOUR COMMENT WITH A BUILDING THAT IS WITHIN THE LDR REGULATIONS.

>> YOUR SUGGESTION IS, IS THAT IT BE BECOME COMPLIANT WITH THE LDR REGULATIONS?

>> WHICH WOULD BE-

>> ALL OF THOSE.

>> OR I THINK DONNA MENTIONED INDIVIDUALLY.

>> THIS IS A PUD.

THE BASIS OF A PUD IS A REQUEST FOR DEVIATION.

>> WHOLE PURPOSE OF A PUD.

>> THE WHOLE PURPOSE OF A PUD.

>> IF MY MAIN ISSUE IS THE HEIGHT, THEN I COULD PROPOSE, I KNOW THIS IS BECAUSE WE'RE IN THE DENIAL PHASE BUT THE REASON IS BECAUSE I THINK IT'S TOO HIGH AND I WOULD RECOMMEND IT STAY WITHIN THE LIMITS OF THE LDRS FOR THEIR REQUEST NUMBER 1 AND 2.

I THINK IF WE DO THAT, A LOT OF THESE OTHER ONES WILL FALL INTO LINE BECAUSE IT'S GOING TO MAKE IT HAPPEN.

>> BECAUSE TWO IMPACTS ONE.

>> THAT'S RIGHT. TWO IMPACTS ONE, TWO ALSO IMPACTS THREE, THE FAR.

SOME OF THESE OTHERS, THE LOCK COVERAGE, I'D BE OKAY WITH THAT.

THE 1.84 ACRES IN LIEU OF TWO, I DON'T PARTICULARLY HAVE A PROBLEM WITH THAT.

I DO THINK THAT THEY NEED TO INCLUDE THE BUILDING LINE FROM 30% TO ZERO WHERE THEY'VE DELETED THESE.

I THINK TO BE THOSE NEED TO BE INCLUDED.

>> WE NEED TO COME UP WITH A JUDGE, AND I'M JUST ASKING YOU IF YOU HAVE ONE.

THAT'S THAT'S WHAT I'M I'M ASKING I'M GIVING YOU MY SHORT LIST.

I'M ASKING YOU IF YOU WELL.

>> YOU STOLE MINE.

>>OH, SORRY. [LAUGHTER]

>> ARE WE OKAY.

>> WHAT I'M GOING TO DO IS I'M GOING TO MAKE A MOTION TO WITHDRAW MY ORIGINAL MOTION.

NO, WE'VE ALREADY VOTED ON THAT AND I'M GOING TO MAKE IN LIEU OF DOING AN AMENDMENT,

[02:55:06]

I'M GOING TO MAKE A MOTION TO WITHDRAW, AND THEN I'M GOING TO MAKE ANOTHER MOTION TO INCLUDE THESE RECOMMENDATIONS.

WE'RE GOING TO HAVE A VOTE. I'M GOING TO MAKE A MOTION TO WITHDRAW MY ORIGINAL MOTION. I NEED A SECOND.

>> SECOND.

>> DO WE NEED TO VOTE ON THAT? I'M GOING TO MAKE A MOTION THAT WE DENY 23P-091 BECAUSE OF THE HEIGHT LIMIT OF 148 AND THAT THE HEIGHT REQUIREMENT MEET THE LDR STANDARDS, AND THAT WE ALSO DO NOT ALLOW THE OMISSION OF THE COMMUNITY BENEFITS LIST IN THE HDDZ. THAT'S MY MOTION.

>> SECOND.

>> WE HAVE A MOTION IN A SECOND. YOU GOT THAT, DONNA? [LAUGHTER] WE HAVE A MOTION A SECOND.

ANY OTHER DISCUSSION?

>> NONE. WE'LL TAKE A VOTE. THOSE IN FAVOR OR DENIAL.

>> THAT'S UNANIMOUS.

THANK YOU FOR YOUR PATIENCE WITH THAT AND GOOD LUCK, SIR.

I TRULY WISH YOU THE BEST OF LUCK WITH YOUR PROJECT, AND THAT WAS THE INTENT, SO I'M GLAD TO HEAR THAT.

THANK YOU.

[BACKGROUND] IF YOU GUYS DON'T MIND IF YOU CLEAR THE CHAMBERS, WE STILL HAVE SOME BUSINESS LEFT TO DO SO.

IF YOU DON'T MIND AND THAT IS GOING TO BE HEARD ON, WHEN IS THAT?

>> FOR WHAT TO TAKE IT TO CITY COUNCIL?

>> DO YOU KNOW WHAT WE'RE GOING TO DO?

>> APRIL.

>> APRIL. WE'LL MAKE IT THAT APRIL 2 MEETING.

IF YOU DON'T MIND IF ALL COULD CLEAR THE CHAMBERS, WE'D REALLY APPRECIATE IT BY NOW.

>> IT WOULD HAVE TO BE APRIL 25T, AS THE ONLY ONE.

>> APRIL THE 25TH.

THAT CASE WILL BE HEARD APRIL 25 BY CITY COUNCIL. YES, MA'AM.

MOVING ON, WE'RE GOING TO GO TO 24P-005.

STAFF, THANKS FOR YOUR PATIENCE AND ALL OF THAT WE'RE TRYING TO FIGURE IT OUT.

WE'RE HOPING IT'S GOING TO BE A BETTER PROCESS, BUT WHO KNOWS? THANK YOU.

>> ABSOLUTELY, AND LET'S CHANGE GEARS HERE.

>>24P-005.

[7.A.1. 24P-005 (Vacant Tract Located On 9 Mile Road, East Of Zingleman Road, South Of Homrighaus Road, And North Of Ostermeyer Road) Request For A Planned Unit Development (PUD) Overlay District For A New Single-Family Residential Development. Property Is Legally Described As Part Of Lot 206 (206-1), Trimble And Lindsey, Section 2, In The City And County Of Galveston Texas. Applicant: Michael Gaertner, Architect Property Owner: ASSS Capital, LLC., C/O Rafiq Wazir]

THIS IS A VACANT TRACK LOCATED IN NINE MILE ROAD JUST NORTH OF [INAUDIBLE] MILE ROAD.

THERE WERE 26 PUBLIC NOTICES SENT, ONLY ONE RETURNED IN OPPOSITION.

THIS IS A REQUEST FOR A PLANNED UNIT DEVELOPMENT.

THERE WERE NO OBJECTIONS FROM ANY CITY DEPARTMENT OR PRIVATE UTILITIES.

IN THIS CASE, THE APPLICANT IS REQUESTING TO INCORPORATE A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT TO A RESIDENTIAL SINGLE FAMILY R1 BASE ZONING DISTRICT TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL SUBDIVISION COMPRISE OF 48 SINGLE FAMILY RESIDENTIAL UNITS.

THE INTENT OF THIS PUD REQUEST IS TO DEVIATE FROM THE FOLLOWING.

DEVIATE FROM THE MINIMUM LOT DEPTH REQUIRED IN THE R1 ZONING DISTRICT.

DEVIATE FROM THE FRONT SETBACK REQUIREMENT IN THE R1 ZONING DISTRICT, AND TO DEVIATE FROM THE DEAD END STREET TO PROVIDE A TURNAROUND RADIUS OF AT LEAST 50 FEET.

THE SUBJECT SITE IS A 6.91 ACRE TRACT ADJACENT TO RESIDENTIAL NEIGHBORHOODS NORTH OF [INAUDIBLE] MILE ROAD.

THE SUBJECT SITE WILL BE ACCESS FROM NINE MILE ROAD.

PLEASE NOTE THE PUT PLAN DETAILS ON PAGE 2 AND PAGE 3 OF YOUR STAFF REPORT AND ALSO NOTE THE CRITERIA FOR APPROVAL.

STAFF FINDS THAT THE PROPOSED DEVELOPMENT IS NOT CONTRARY TO THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN AND THAT THE DEVELOPMENT WILL NOT BE OUT OF SCALE WITH THE SURROUNDING AREA AND DOES NOT CREATE LAND USE CONFLICTS OR INCONSISTENCIES WITH THE OVERALL DEVELOPMENT PATTERNS IN THE AREA.

THEREFORE, STAFF RECOMMENDS CASE 24P-005 BE APPROVED

[03:00:01]

WITH THE SPECIFIC CONDITIONS LISTED IN YOUR REPORT AS 1 THROUGH 5 AND THE STANDARD CONDITIONS LISTED AS 6 THROUGH 8.

NOW WE HAVE SOME PHOTOGRAPHS.

HERE'S THE ZONING MAP OF THE SUBJECT SITE.

THIS IS THE SUBJECT PARCEL.

THIS IS THE SITE PLAN FOR THE PROPOSED DEVELOPMENT, AND HERE WE HAVE THE NEIGHBORING PROPERTIES TO THE NORTH, SOUTHEAST, AND WEST, AND THAT CONCLUDES STAFF REPORT.

ANY QUESTIONS FOR STAFF? SEEING NONE, WE'LL OPEN THE PUBLIC HEARING.

IS THE APPLICANT PRESENT?

>> I'M NOT ENVY YOU GUYS YOUR JOB HERE.

THANK YOU FOR VOLUNTEERING TO DO THIS.

>> ISN'T VOLUNTEER. [LAUGHTER].

>> I'M SURE THIS ISN'T WHAT YOU THOUGHT IT WOULD BE LIKE WHEN YOU VOLUNTEERED FOR THIS.

OUR GOAL IN DEVELOPING THIS PROJECT, AS WITH THE LAST CASE THAT I BROUGHT TO YOU, IS TO CREATE OPPORTUNITIES FOR MIDDLE INCOME FAMILIES TO BE ABLE TO AFFORD TO PURCHASE HOMES ON GALVESTON ISLAND SO THEY CAN LIVE AND WORK HERE.

THIS PARTICULAR TRACT OF LAND, JUST BECAUSE OF JUST THE SIZE OF THE PARCEL, IT DOES NOT LEND ITSELF TO BE BEING ABLE TO CREATE 100 FOOT DEEP LOTS.

IF WE WANT TO PUT A STREET DOWN THE MIDDLE AND DIVIDE IT UP INTO LOTS, WE JUST DON'T HAVE UP DEPTH.

RATHER THAN GIVE UP THE REQUIRED STREET WIDTH, WE MADE THE LOTS A LITTLE BIT LESS DEEP.

BUT TO OFFSET THAT, WE'RE REQUESTING A 15 FOOT SETBACK IN FRONT AND WE WOULD OVERLAY THAT WITH AN ADDITIONAL UTILITY EASEMENT SPACE.

THERE'S PLENTY OF ROOM FOR EVERYBODY TO GET THEIR UTILITIES IN, WHETHER YOU'RE 15 OR 20 FEET FROM THE SIDEWALK, I DON'T THINK IS A REAL BIG DEAL.

BUT THIS GIVES THEM A BUILDABLE AREA THAT'S ROUGHLY THE SAME AS IT WOULD BE ON A 50*100 FOOT LOT.

THIS SUBDIVISION WILL HAVE RESTRICTIONS WRITTEN INTO THE PROTECTIVE COVENANTS REGULATING SHORT-TERM RENTALS.

THIS PROPOSED DEVELOPMENT INCLUDES A REALIGNMENT OF NINE MILE ROAD.

NINE MILE ROAD IS NOT WHOEVER BUILT IT WAY BACK WHEN MISSED.

AT ONE END IT'S EIGHT FEET ONTO THE PROPERTY, AT THE OTHER END IT'S 22 FEET ONTO THE PROPERTY.

THIS WOULD BE A REALIGNMENT OF NINE MILE ROAD ADJACENT TO THIS PROPERTY.

WE'RE ABOUT 950 FEET FROM A SEWER CONNECTION AND WE PROPOSE TO WHAT'S CALLED A LIFT STATION OR FORCED MAIN THAT WOULD PUMP THE SEWAGE TO THAT LIFT STATION.

THERE'S A GOOD CHANCE THAT WE WILL USE ONE OF THE LOTS ON THE SITE TO ACCOMMODATE THIS EQUIPMENT.

IF IT IS FINANCIALLY FEASIBLE, WE PROPOSE TO MAKE THAT LIFT STATION AVAILABLE TO 50 OTHER HOMES IN THE VICINITY SO THEY CAN GET OFF OF THEIR SEPTIC SYSTEMS AND GET ONTO CITY SEWER.

I DON'T KNOW IF I SAID IT OR NOT, BUT WE'RE GOING TO TALK TO TEXAS GAS ABOUT EXTENDING GAS SERVICE.

THAT SEEMS TO BE REALLY POPULAR ON THE WEST END OF THE ISLAND, SO WE'LL BE REQUESTING THAT.

AND HAVING SAID THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE ABOUT THIS PROPOSED PROJECT.

>> OKAY. ANY QUESTIONS FOR THE APPLICANT?

>> WELL, YOU ANSWERED MY QUESTION ABOUT THE LIFT STATION.

I KNOW YOU HAVEN'T DONE YOUR ENGINEERING YET, BUT DO YOU ANTICIPATE DETENTION WILL BE REQUIRED?

>> [LAUGHTER] SHORT ANSWER, YES.

>> WHERE WOULD THAT GO?

>> A LITTLE BIT LONGER ANSWER, THIS IS GOING TO BE SURFACE DRAINAGE.

BY BROADENING AND DEEPENING THE CHANNELS FOR SURFACE DRAINAGE, WE THINK WE CAN CREATE ENOUGH SPACE TO ACCOMMODATE THE DETENTION ON SITE WITHOUT HAVING TO RESORT TO EXTRAORDINARY MEANS.

>> SO THE DETENTION WOULD BE IN THE STREETS?

>> NO. IT WOULD BE IN THE, WE LIKE TO CALL IT A SWALE, BUT LET'S FACE IT, IT'S A DITCH.

>> IT'S AN OPEN DITCH.

>> YEAH.

>> OKAY. I UNDERSTAND.

>> YOU HAVE 35 FOOT PAVING, IS THAT CORRECT?

>> THAT'S CORRECT.

>> WHY DID YOU GO TO 35 FEET INSTEAD OF STANDARD 28?

[03:05:05]

>> WE'RE GOING TO PROVIDE LOTS OF ROOM FOR PARKING ON THE SITE, BUT IF SOMEONE PARKS THEIR CAR IN THE STREET, THERE'S STILL PLENTY OF ROOM FOR TWO CARS TO GET BY.

>> OKAY. THE RENDERINGS THAT ARE PART OF THE PACKAGE, ARE THOSE WHAT THE HOUSES WOULD LOOK LIKE?

>> THAT'S ARTIST CONCEPT, YES.

THEY'RE GOING TO LOOK LIKE THE REGULAR WHAT WE CALL GALVESTON VERNACULAR STYLE HOUSES, WHICH IS DERIVED FROM VICTORIAN.

WE WILL HAVE DESIGN RULES THAT PEOPLE WILL HAVE TO FOLLOW WHEN THEY DESIGN HOUSES TO BE OUT THERE.

>> WOULD PARKING BE AVAILABLE UNDERNEATH THE HOUSE?

>> YES, OF COURSE.

>> BECAUSE THESE DON'T INDICATE THAT.

IT JUST LOOKS LIKE YOU HAVE A DRIVEWAY OUT FRONT AND THEN THERE'S LOUVERS.

>> THE ARTIST MISSED THAT.

>> OKAY. THE 15 FOOT FRONT SETBACK, THAT'S NOT REALLY ADEQUATE FOR A F-150 OR A SUBURBAN OR EXPEDITION, IS IT?

>> NO, BUT THERE'S PLENTY OF ROOM UNDERNEATH THE HOUSE TO PARK A CAR.

YOU GET A F-150 SUPER CREW, EVEN WITH A 20 FOOT SETBACK IT'S NOT ADEQUATE.

THERE ARE SOME CARS THAT ARE JUST LONGER THAN OTHERS, BUT PLENTY OF ROOM UNDERNEATH THE HOUSE.

IT WOULD BE POSSIBLE, DEPENDING ON THE LAYOUT OF THE HOUSE, TO PARK AS MANY AS FOUR CARS UNDER THE HOUSE.

>> YOU MENTIONED SHORT TERM RENTALS.

IS THE RESTRICTION [INAUDIBLE]

>> WE WILL HAVE RESTRICTIONS IN THE PROTECTIVE COVENANTS AGAINST THAT.

>> THEY WON'T BE ALLOWED, PERIOD.

>> I'M NOT GOING TO SAY THEY WON'T BE ALLOWED, PERIOD, BUT AT THIS POINT IN TIME THE PLAN IS THAT THEY WOULD NOT BE ALLOWED.

I HATE TO SOUND THIS WAY, BUT WE'RE NOT DOING THIS SO THAT WEALTHY FOLKS FROM HOUSTON CAN HAVE A SECOND HOME IN GALVESTON.

THE POINT IS FOR PEOPLE WHO WORK HERE TO BE ABLE TO AFFORD TO LIVE HERE. THAT'S OUR MARKET.

>> OKAY. WILL YOU BE DOING THE FLOOR PLANS? THE DESIGNS ON HOMES?

>> TYPICALLY, I WILL PROBABLY DO SOME OF THEM, BUT I DON'T WANT ALL OF THE HOUSES TO LOOK LIKE ONE ARCHITECT DESIGNED EVERYTHING SO I'LL WRITE THE DESIGN CRITERIA.

BUT IT'LL BE OPEN TO ANY ARCHITECT THAT WANTS TO DESIGN SOMETHING.

ANY OWNER CAN HIRE ANY ARCHITECT THEY WANT, THEY JUST HAVE TO MEET THE DESIGN CRITERIA.

>> OKAY. DO YOU HAVE ANY SQUARE FOOTAGE?

>> THESE ARE PROBABLY GOING TO BE HOUSES IN THE 18 TO 2,400 SQUARE FOOT RANGE.

>> ON THREE LEVELS.

>> GROUND AND THEN TWO ELEVATED FLOORS ABOVE.

>> HOW MUCH WAS IT?

>> EIGHTEEN TO 2,400 SQUARE FEET.

>> SO YOUR FOOTPRINT WITH A FIVE FOOT SETBACK IS GOING TO BE 40 FEET WIDE, CORRECT?

>> DO YOU ANTICIPATE YOU'RE GOING TO BE DOING SIDE TO SIDE OR WILL YOU HAVE NARROW HOUSES?

>> IN MOST HOUSES IT'S PRETTY COMMON THAT, LIKE A BEDROOM IS ABOUT 12 FEET WIDE, LIVING ROOM MIGHT BE 16 FEET WIDE.

YOU'RE TALKING ABOUT MAYBE 28, 30 FOOT WIDE HOUSES WHERE THERE'S 40 FEET OF ROOM BEFORE YOU GET INTO THE SETBACKS.

TYPICALLY WHAT WOULD HAPPEN IS THERE'D BE PLENTY OF ROOM ON THE SITE FOR THESE HOUSES TO FIT COMFORTABLY.

>> JUST TRYING TO GET A FEEL FOR WHAT IT'S GOING TO LOOK LIKE FROM THE STREET VIEW BECAUSE IT'S A LOT OF DENSITY FOR THAT PARTICULAR AREA.

>> ACTUALLY, IT'S NOT THAT MUCH DENSITY.

>> FOR A SINGLE FAMILY, SEVEN UNITS PER ACRE IS PRETTY HIGH DENSITY.

>> IN THE PREVIOUS COMPREHENSIVE PLAN THERE IT SUGGESTED LIMITS ON DENSITY, AND THE SUGGESTION FOR THE WEST END WAS EIGHT UNITS PER ACRE.

WE DON'T HAVE THAT GUIDANCE IN THE CURRENT COMPREHENSIVE PLAN, BUT WE TRY TO BE AWARE OF IT.

>> BUT THE SURROUNDING AREA DOESN'T HAVE THAT KIND OF DENSITY.

THE NEIGHBORHOOD ACROSS THE STREET, FOR EXAMPLE.

>> NO, IT DOESN'T. IT WAS RURAL PROPERTY.

SOME OF THEM ARE PRETTY LARGE TRACTS OF LAND.

AS DEVELOPMENT PRESSURE CONTINUES ON GALVESTON ISLAND THOSE ARE GOING TO GET SOLD BECAUSE PEOPLE ARE GOING TO WANT THE MONEY.

>> ALL RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT?

>> I HAVE ONE QUICK ONE.

WETLANDS. HAVE YOU GUYS DONE THE DELINEATION ON THAT?

[03:10:05]

>> WE'VE DONE A PRELIMINARY DETERMINATION.

THE CORPS HAS NOT GOT A SCHEDULE FOR A JURISDICTIONAL DETERMINATION YET, BUT WE FEEL PRETTY COMFORTABLE THAT WE'RE NOT GOING TO HAVE ANY WETLANDS ON THERE.

IF WE DO, THEN DEPENDING ON WHAT WE GET, WE'LL EITHER HAVE TO GET A NATIONWIDE PERMIT, DO SOME MITIGATION.

>> SO YOU WOULD MITIGATE IT IN LIEU OF MAYBE AN AVOIDANCE APPROACH TO IT? IT'S A FAR FETCHED QUESTION.

>> IT ENTIRELY DEPENDS ON WHAT IT IS AND WHERE.

>> AT THIS POINT YOU GUYS DON'T REALLY KNOW.

>> MY NUMBER 1 PREFERENCE IS AVOIDANCE BECAUSE IT DOESN'T REQUIRE A CORPS PERMIT, WHICH CAN TAKE A YEAR.

SO AVOIDANCE IS ALWAYS OUR NUMBER 1 GOAL.

>> OKAY. WOULD YOU ANTICIPATE HAVING THAT DELINEATION DONE BY THE TIME YOU GOT TO A PULMONARY PLANT?

>> I'M NOT SURE WE'D BE DONE BY THE TIME A PRELIMINARY PLANT.

I CAN'T SPEAK TO THE CORPS' SCHEDULE.

>> YOU'RE TALKING ABOUT DETERMINATION AND VERIFICATION BY THE CORPS.

I WAS TALKING ABOUT JUST A DETERMINATION BY A CONSULTANT.

>> WE'VE DONE OUR DETERMINATION WITH OUR CONSULTANT, AND THEY SAID NO WETLANDS.

>> OKAY. THAT WAS WHAT I WAS GETTING AT.

>> IT'S NOT OVER TILL THE CORPS COMES OUT.

>> UNDERSTOOD. YOU'VE ANSWERED MY QUESTION.

ANYBODY ELSE? ALL RIGHT.

>> THANK YOU. IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL BRING THIS BACK TO COMMISSION FOR ACTION AND I WILL MAKE A MOTION THAT WE APPROVE 24P-005.

I MAKE THE MOTION THAT WE APPROVE IT.

THESE GUYS HAVE DONE A GREAT JOB.

OKAY. SO WE HAVE A MOTION, APPROVAL, AND DISCUSSION.

>> AS SUBMITTED WITH STAFF'S RECOMMENDATIONS.

I JUST WANT TO SAY THANK YOU.

THE STR THING IS IMPORTANT AND THAT'S GOOD.

ANY OTHER DISCUSSION? ALL THOSE IN FAVOR? THAT'S UNANIMOUS.

SO 24P-005 IS APPROVED.

ALL RIGHT KYLE. I THINK IT'S YOU. CERTAINLY.

>> YEAH.