[00:00:02] >> GOOD AFTERNOON. WE'LL CALL [1. Call Meeting To Order] THE CITY OF GALVESTON PLANNING COMMISSION MEETING INTO ORDER. WE HAVE ALL SIGNED IN. ARE THERE ANY CONFLICTS OF INTEREST? SEEING NONE, AND NOTED, WE HAVE A QUORUM. WE HAVE THE APPROVAL OF THE MINUTES. [4. Approval Of Minutes] ARE THERE ANY ADDITIONS, DELETIONS, OR CORRECTIONS TO THE MINUTES? SEEING NONE, WE WILL CONSIDER THOSE APPROVED. THIS IS THE CHANCE WHERE IF YOU ARE HERE FOR A NON-AGENDA ITEM IF THERE'S AN ITEM THAT IS NOT ON THE AGENDA AND YOU WOULD LIKE TO ADDRESS THE COMMISSION, THIS IS YOUR CHANCE TO DO SO. WOULD ANYBODY LIKE TO DO THAT? YES, SIR. PLEASE COME FORWARD, AND STATE YOUR NAME. IF YOU HAVE AN ITEM THAT IS ON THE AGENDA, YOU'LL GET A CHANCE TO COME SPEAK. >> OKAY. >> THANK YOU. WE'LL CLOSE THE PUBLIC COMMENT. SORRY, IF YOUR ITEM'S ON THE AGENDA, JUST TO BE CLEAR. WE'RE GOING TO GO TO NEW BUSINESS 24P-014. [6.A.1. 24P-014 (11359 Beachside Drive) Request For Beachfront Construction Certificate And DuneProtection Permit To Include Proposed Construction Of A Single-Family Dwelling With BrickPaver Driveway And Fibercrete Footer. The Property Is Legally Described As Lot 902Beachside Village Section 9 (2024) A Subdivision In The City And County Of Galveston, Texas.Applicant: Luke Perry Property Owner: PER PROPERTY LLC] >> READY? >> WE'RE READY. >> GOOD AFTERNOON, PLANNING COMMISSIONERS. THANK YOU FOR YOUR TIME. GOOD TO SEE ALL YOUR FACES. I KNOW I HAVEN'T BEEN HERE IN A MINUTE, SO IT'S GOOD TO SEE YOU ALL. THE CASE BEFORE YOU, CASE 24P-014 AT 11359, BEACHSIDE DRIVE. THIS IS A REQUEST FOR A SINGLE-FAMILY DWELLING WITH BRICK PAVER DRIVEWAY AND FIBERCRETE FOOTER. THE ADDRESS IS 11359, BEACHSIDE DRIVE. THE PROPERTY IS LEGALLY DESCRIBED AS LOT 902, BEACHSIDE VILLAGE, SECTION 9, (2024). A SUBDIVISION LOCATED IN THE CITY AND COUNTY OF GALVESTON, TEXAS. THE SUBJECT SITE IS LOCATED IN THE BEACHSIDE VILLAGE SUBDIVISION. SINGLE-FAMILY DWELLINGS ARE NOT ADJACENT TO THE SUBJECT PROPERTY. A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY. ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF 8-9 FEET PER YEAR. STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR VIEWING. FIRST, WE HAVE UP ON SCREEN AS THE FIRM AND BEG MAP, WHICH IS SHOWING THE DISTANCE OF THE STRUCTURE FROM THE DUNE SYSTEM AND ITS POSITION RELATIVE TO ADJACENT PROPERTIES. ON THE NEXT SLIDE WE HAVE IS THE BEACHFRONT PROPERTY SURVEY. THE PROPOSED CONSTRUCTION IS 26.6 FEET FROM THE NORTH TOW OF THE DUNE AND 91 FEET FROM THE LINE OF VEGETATION. ON THE FOLLOWING SLIDE, WE HAVE THE PROPOSED PROJECT SITE PLAN. THIS PROJECT DOES HAVE A PROPOSED FENCE THAT IS LOCATED ENTIRELY LANDWARD OF THE DUNE PROTECTION LINE. ON THE NEXT SLIDE. NEXT SLIDE IS THE PROPOSED FOUNDATION PLAN. UNDER THE HOME WILL CONSIST A NON-REINFORCED FIBERCRETE THE DRIVEWAY IS BRICK PAVERS WITH SAND UNDERNEATH, A SMALL PORTION TO THE REAR OF THE RESIDENCE IS FLAGSTONE WITH SAND. THE NEXT SLIDE, OR THE FOLLOWING SLIDES, CONTAIN THE EXTERNAL SIDE ELEVATION VIEWS OF THE RESIDENTS FROM THE BEACH SIDE AND STREET SIDE. THE NEXT SLIDE IS THE VIEW FROM THE WEST. NEXT SLIDE, IS THE VIEW FROM THE EAST. FINALLY, WE HAVE PHOTOS OF THE SITE FIRST LOOKING NORTH, NEXT LOOKING EAST, NEXT LOOKING SOUTH, AND THEN LOOKING WEST, AND FINALLY A PHOTO FROM THE LINE OF VEGETATION. THIS CONCLUDES STAFF'S REPORT AND I THANK YOU FOR YOUR TIME. >> ANY QUESTIONS FOR STAFF? SEEING NONE, WE'LL OPEN THE PUBLIC HEARING ON THE CASE. IS THE APPLICANT PRESENT? >> I'M REPRESENTING THE OWNER. >> ARE YOU THE ARCHITECT BY ANY CHANCE? >> YES. >> IF YOU DON'T MIND, COME FORWARD. I ACTUALLY HAVE A QUICK QUESTION. IT'S REALLY ALMOST TOTALLY UNRELATED TO THIS. WELL, IT ISN'T UNRELATED. ARE THOSE HAND-DRAWN DRAWINGS? YES, MA'AM. >> CAN HE STATE HIS NAME? >> IF YOU DON'T MIND, STATE YOUR NAME. >> HI. MY NAME IS DAVID MULLICAN. I'M AN ARCHITECT HERE IN GALVESTON. >> THANK YOU, DAVID. >> YES, I HAND-DRAW EVERYTHING. >> WHICH IS REALLY COOL TO SEE. I CAN TELL YOU, I NOTICED THAT AND THAT'S A LOST ART, SO I JUST WANTED TO COMPLIMENT YOU ON THAT. >> THANK YOU. >> YOU JUST DON'T SEE THAT ANYMORE. >> NOT MUCH. >> THANK YOU. ANY QUESTIONS FOR THE APPLICANT? NONE? ANYBODY ELSE HERE WOULD LIKE TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO COMMISSION FOR ACTION. SIR? >> NO, GO AHEAD. >> I'LL MAKE A MOTION THAT WE APPROVE 24P-014 AS PRESENTED BY STAFF. >> SECOND. >> I HAVE A MOTION AND A SECOND. IS THERE ANY DISCUSSION? SEEING NONE, WE'LL TAKE A VOTE. THOSE IN FAVOR? THAT'S UNANIMOUS, 24P-014 IS APPROVED. MOVING ON, 24P-018. [6.A.2. 24P-018 (11343 Beachside Drive) Request For Beachfront Construction Certificate And DuneProtection Permit To Include Proposed Construction Of A Single-Family Dwelling With AFibercrete Driveway. The Property Is Legally Described As Lot 910 Beachside Village Section 9(2024), A Subdivision In The City And County Of Galveston, Texas. Applicant: Justin TalasekProperty Owner: Deborah And Anson Jones] >> GOOD AFTERNOON AGAIN. THIS IS A REQUEST FOR A SINGLE-FAMILY DWELLING WITH A FIBERCRETE DRIVEWAY AND FOOTER. THE ADDRESS IS 11343, BEACHSIDE DRIVE. [00:05:01] THE PROPERTY IS LEGALLY DESCRIBED AS LOT 910, BEACHSIDE VILLAGE, SECTION 9 (2024). A SUBDIVISION LOCATED IN THE CITY AND COUNTY OF GALVESTON, TEXAS. THE SUBJECT SITE IS LOCATED ON THE BEACHSIDE VILLAGE SUBDIVISION, SINGLE-FAMILY DWELLINGS ARE NOT ADJACENT TO THE SUBJECT PROPERTY. A BEACH AND DUNE SYSTEM ARE LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY. ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THIS AREA IS ERODING AT A RATE OF 8-9 FEET PER YEAR. STAFF HAS PREPARED PHOTOS AS SUBJECT PROPERTY FOR YOUR VIEWING. ON SCREEN, WE HAVE THE FIRM AND BEG MAP SHOWING THE DISTANCE OF THE STRUCTURE FROM THE DUNE SYSTEM AND ITS POSITION RELATIVE TO ADJACENT PROPERTIES. ON THE NEXT SLIDE IS THE BEACHFRONT PROPERTY SURVEY. THE PROPOSED CONSTRUCTION IS 26 FEET FROM THE NORTH TOW OF THE DUNE AND 134 FEET FROM THE LINE OF VEGETATION. ON THE FOLLOWING SLIDE, WE HAVE THE PROPOSED PROJECT SITE PLAN. THIS PROJECT DOES HAVE A PROPOSED FENCE THAT IS LOCATED TO THE FRONT OF THE PROPERTY ONLY. THE FOLLOWING SLIDE CONTAIN THE EXTERNAL SIDE ELEVATION VIEWS OF THE RESIDENCE, VERSUS THE VIEW OF THE FRONT, VIEW OF THE RIGHT, VIEW OF THE REAR, AND VIEW OF THE LEFT. FINALLY, WE HAVE FIVE PHOTOS OF THE SITE, FIRST LOOKING NORTH, NEXT LOOKING SOUTH, NEXT LOOKING EAST, AND LAST LOOKING WEST. THEN FINALLY, THE A LINE OF VEGETATION PHOTO. THIS CONCLUDES STAFF'S REPORT, AND I THANK YOU FOR YOUR TIME. >> THANK YOU, HUNTER. ANY QUESTIONS FOR STAFF? I HAVE A COUPLE FOR YOU, HUNTER. ON THE DRAWINGS, WHERE THE DRIVEWAY IS, DOES THAT DRIVEWAY REQUIRE THE UNREINFORCED CONCRETE OR THE PAVERS? >> ALL OF IT'S BEING DONE IN FIBERCRETE. THEY PROBABLY COULD TO AN EXTENT DO REINFORCED, BUT WHAT WAS CHOSEN WAS FIBERCRETE. >> BECAUSE THE ONLY THING THAT I NOTICED WAS THAT IT WASN'T REALLY DEPICTED ON THEIR PLANS, BECAUSE THAT IS A REQUIREMENT, IS IT NOT? >> FOR A PORTION OF IT, YES. >> FOR A PORTION OF IT. THEN MY OTHER QUESTION IS, ON THEIR SITE PLAN, IT LOOKS LIKE IN THE DCA, THEY HAVE IN THEIR LANDSCAPE PLAN, THEY HAVE SOME SPRINKLERS IN THERE WHICH TO ME MAKES SENSE TO SPRINKLE, THE DUNES MAKES THE GRASS GROW, BUT IS THAT PERMITTED? >> IT IS. >> I'M LOOKING AT THEIR LANDSCAPE PLAN, IS WHERE I FOUND THAT. >> I ACTUALLY WANT TO SAY THAT THE IRRIGATION IS NOT TO THE REAR, THAT IT'S JUST INDICATED FOR NATURAL GRASS. IF THEY WANTED TO DO AN IRRIGATION SYSTEM, THEY WOULD HAVE TO COME BACK AND GET ONE. BUT WHAT I'M SEEING IS JUST NATURAL GRASS IS PROPOSED. >> BECAUSE I SEE IT, IT'S IN THE 25-FOOT. IT'S SHADED. I DON'T KNOW WHAT SHEET NUMBER THIS IS. [BACKGROUND] >> IT DOES SAY NATURAL GRASS ON IT. >> I DON'T WANT TO HAVE A PROBLEM FOR THE PROPERTY OWNER. ME, I THINK THAT PROBABLY MAKES THE DUNE SYSTEM HEALTHIER, BUT THAT'S JUST WHAT I THINK. >> IT'S RIGHT NEXT TO THE NORTH TOE. IT BEGINS AT THE NORTH TOE? >> YEAH. IT BEGINS AT THE NORTH TOE OF THE DUNE AND GOES TO THE 25-FOOT OFFSET. >> THEY'RE NOT DOING THE SPRINKLER ON THE DUNE ITSELF, SO THE NORTH TOE IS RIGHT THERE. IT'S BOUND TO THE NORTH. >> BECAUSE THERE ARE SOME OF THOSE AREAS WHERE THEY'RE NOT SUPPOSED TO EVEN CUT THE GRASS. IS THAT PART OF IT? >> TYPICALLY, YES. IT'S JUST IN A CITY ORDINANCE OF THE CAMP MILL WITHIN 25 FEET OF THE NORTH TOE OF THE DUNE. >> BUT THE SPRINKLERS ARE OKAY? >> SPRINKLERS WOULD BE, THEY'D HAVE COME BACK. I'M JUST TAKING THIS AS NATURAL GRASS THAT AN IRRIGATION SYSTEM IS NOT PROPOSED. >> ARE WE LOOKING AT THE SAME THING? >> A1.1? >> YEAH, A1.1 RIGHT BEHIND THERE. BECAUSE IT SAYS NORTH TOE OF DUNE, AND THEN IT GOES TO THE 25-FOOT OFFSET, AND IT'S ALL INSIDE OF THAT. >> YOU COULD TAKE THOSE DOTTED LINES AS POTENTIALLY AN IRRIGATION SYSTEM, BUT IT'S NOT HOLD OUT DIRECTLY. >> BUT IT WOULD BE PERMITTED IF THEY WENT FOR IT? >> YES. >> WOULD THEY HAVE TO COME ASK FOR IT? IS THIS DRAWN ON THERE, BUT IT'S NOT SPECIFIED? I HATE TO GET THIS TECHNICAL ON THIS BECAUSE IT'S REALLY NOT THAT BIG OF AN ISSUE. >> IT MIGHT BE SOMETHING THAT WE HAVE TO LOOK IN TO SEE IF STAFF CAN APPROVE IT OR IF IT NEEDS TO COME BACK. >> BECAUSE I THINK WHAT WE'LL PROBABLY DO IS LET YOU GUYS HASH THAT OUT. ANY OTHER QUESTIONS FOR STAFF? IS THE APPLICANT PRESENT? >> YES, SIR. >> IF DON'T MIND, STATE YOUR NAME AND SIGN IN FOR US. >> PETE TALASEK WITH TALASEK HOMES. I THINK EVERYTHING'S PRETTY STRAIGHTFORWARD, SO I DON'T REALLY HAVE MUCH TO SAY ABOUT IT. >> YES, SIR. JUST A FEW QUESTIONS THAT I'VE HAD, [00:10:03] AND I KNOW YOU'VE BUILT A NUMBER OF HOMES OVER IN THIS AREA SO YOU KNOW THE GROUND RULES OVER THERE PRETTY WELL. IT WAS JUST THAT IT WASN'T SPECIFIC TO THE PLAN, AND THE LAST THING I WANT IS YOU GO PULL A DRIVEWAY, THESE GUYS SHOW UP AND GO, HEY, THAT DOESN'T WORK. >> EXACTLY. >> THAT'S REALLY MORE OF MY CONCERN THAN WHAT YOU CAN AND CAN'T DO. WHAT WILL PROBABLY HAPPEN IS WHEN WE MAKE THE MOTION, WE'LL JUST MAKE SURE THAT IT'S DONE BASED ON THEIR CRITERIA, IF THAT'S OKAY WITH YOU. >> NO, THAT'S FINE. >> ANY OTHER QUESTIONS FOR THE APPLICANT? YES, SIR. >> ON THE DRAINAGE, I CAN'T REALLY DELINEATE WHAT YOU'VE GOT GOING HERE ON THE DRAINAGE PORTION, ADJACENT TO THE BUILD TO THE HOUSE. YOU'VE GOT A V SHAPE, SO IS THERE A CROWN? ARE YOU GOING TO DEVELOP A CROWN THERE? >> YES, SIR. >> IT'S GOING TO ALL SHEET FLOW TO ONE SIDE INTO THE FRONT. YES, SIR. BECAUSE THERE'S NO CULVERTS THERE, IT'S ALL JUST FLAT PROPERTY IN THAT AREA. >> THANK YOU. >> YES, SIR. >> ANY OTHER QUESTIONS? ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? YES, SIR. IF YOU DON'T MIND, STATE YOUR NAME FOR THE RECORD. >> DAVID MULLICAN. TO CLARIFY, ALL THE DRIVEWAYS IN BEACHSIDE VILLAGE ARE REQUIRED TO BE BRICK PAVERS OVER COMPACTED FIELD. IT'S THROUGHOUT. >> CAN I ASK HIM A QUESTION, IF YOU DON'T MIND? >> JUST FOR THE RECORD, IS THAT A SUBDIVISION REQUIREMENT? IT'S NOT A GLO REQUIREMENT, BUT IT'S SOMETHING THAT SUBDIVISION DOES. >> I'M NOT SURE. [OVERLAPPING] >> IT'S NOT OUR JOB TO ENFORCE SUBDIVISION RULES. I JUST WANT TO BE CLEAR ABOUT THAT. I'M JUST ASKING FOR MY OWN INFORMATION. THANK YOU, SIR. APPRECIATE THAT INFORMATION. ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO COMMISSION FOR ACTION. I'LL MAKE A MOTION THAT WE APPROVE 24P-018 WITH STAFF RECOMMENDATIONS INCLUDING A RECOMMENDATION THAT STAFF CLARIFY WITH THE HOMEOWNER THAT THE CONSTRUCTION STANDARDS OF THE DRIVEWAY AND THE CONSTRUCTION STANDARDS FOR THAT SECTION SHOWN IN THEIR LANDSCAPE PLAN ON SHEET A1A. THAT'S A MOTION. >> IS THAT IT? >> I SECOND THE MOTION. >> MA'AM? >> CAN I JUST CLARIFY WHAT YOU MEAN BY CLARIFY [INAUDIBLE] >> THAT IT NEEDS TO BE WITHIN THE STANDARDS. [BACKGROUND] YES, CLARIFY WITH THE HOMEOWNERS THAT THEIR DESIGN STANDARDS AND SPECIFICATIONS ARE WITHIN THE GUIDELINES FOR CONSTRUCTION WITHIN THE BEACH CONSTRUCTION ZONE. >> WHAT'S NOT PROVIDED IS THE PAGE 2 OF THE APPLICATION DOES HAVE THOSE OUTLINED, SAY DRIVEWAY MATERIAL. >> IT USUALLY DOES, AND YOU ALL DO A GREAT JOB. AGAIN, THE LAST THING I WANT IS A HOMEOWNER GOES OUT, PUTS CONCRETE DRIVEWAY, YOU GUYS SHOW UP, AND NOW HE'S GOT TO REMOVE IT. HE KNOWS, SO I KNOW HE'S NOT GOING TO DO IT, BUT I'M JUST WANTING TO GET IT FOR THE RECORD. >> WHAT WE COULD DO IS ASK FOR UPDATED PLANS THAT SHOW THOSE ON THERE BEFORE WE SEND OUT AN ACTION LETTER. >> I'M GOING TO LEAVE THAT UP TO YOU. I'LL RESTATE MY MOTION THAT WE APPROVE 24P-018 WITH STAFF'S RECOMMENDATIONS, AND WITHIN THOSE RECOMMENDATIONS INCLUDE CLARIFICATIONS OF THE HOMEOWNERS' BUILDING SPECIFICATIONS FOR THE DRIVEWAY AND THE AREA THAT IS IN THEIR LANDSCAPE PLAN THAT IT MEETS THE DESIGN STANDARDS SET FORTH BY THE CITY. >> SECOND. >> WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? SEEING NONE, WE'LL TAKE A VOTE. THOSE IN FAVOR? THAT'S UNANIMOUS, SO THAT'S APPROVED. THANK YOU. SORRY ABOUT THAT. I DIDN'T MEAN BE LONG WINDED ON THAT ONE. 24P-021. [6.B.1. 24P-021 (Adjacent To 820 51st Street) Request For A Permanent License To Use To Erect AFence And Gate In The 50th Street Right-Of-Way. Adjacent Property Is Legally Described AsThe M B Menard Survey, Block 290 And South Half Adjacent Avenue H, In The City And CountyOf Galveston, Texas. Applicant: John Listowski Property Owner: 51st Street Properties, LLCEasement Holder: City Of Galveston] >> THIS IS ADJACENT TO 820 51ST STREET. THIS IS A REQUEST FOR A LICENSE TO USE, 10 PUBLIC NOTICE IS SENT. NONE OF THOSE RETURNED. [00:15:02] THERE WERE NO OBJECTIONS FROM PRIVATE UTILITIES OR CITY DEPARTMENTS. IN THIS CASE, THE APPLICANT IS PROPOSING TO ERECT A FENCE AND A GATE IN THE 50TH STREET RIGHT OF WAY. A PORTION OF THE FENCE AREA WILL SERVE AS ADDITIONAL PARKING FOR THE ADJACENT PROPERTY AT 820 51ST STREET. THE APPLICANT PROPOSES A FENCE ENCLOSURE APPROXIMATELY 40-FEET WIDE BY 200 FEET IN LENGTH AND A 20-FOOT GATE RUNNING EAST TO WEST AT THE NORTHEAST CORNER OF [INAUDIBLE] AND 50TH STREET. THE APPLICANT IS PROPOSING TO IMPROVE THE AREA ENCLOSED BY THE FENCE WITH CRUSHED CONCRETE. DUE TO THE FACT THAT THE CITY HAS A DUTY TO BALANCE THE DESIRES OF PRIVATE INDIVIDUALS WITH THE PROTECTION OF THE PUBLIC LAND, STAFF FINDS THAT THE REQUEST DOES NOT PROVIDE ANY BENEFIT TO THE PUBLIC, AND HE CREATES ACCESS CONFLICTS WITH OTHER CURRENT USERS OF THE SUBJECT RIGHT OF WAY, AS WELL AS CONFLICTS WITH POTENTIAL REDEVELOPMENT IN THE GENERAL VICINITY. [NOISE] STAFF RECOMMENDS DENIAL OF CASE 24P-021 FOR A PERMANENT LICENSE TO USE THE RIGHT OF WAY TO PLACE A FENCE WITH GATE AND PARKING AREA. HOWEVER, SHOULD THE COMMISSION APPROVE THEIR REQUEST TO USE THE CITY RIGHT OF WAY AS DEPICTED IN EXHIBIT B, STAFF RECOMMENDS SPECIFIC CONDITIONS LISTED IN YOUR REPORT AS ONE THROUGH SEVEN AND STANDARD CONDITIONS 8 THROUGH 13. NOW WE HAVE SOME PHOTOGRAPHS. THIS IS THE SUBJECT RIGHT OF WAY ENCLOSED IN YELLOW THERE. THIS IS THE PICTURE OF THE SUBJECT SITE, PROPERTIES IN THE GENERAL VICINITY NORTH, SOUTHEAST, AND WEST. THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT. THAT CONCLUDES STAFF'S REPORT. >> THANK YOU, ANDREW. ANY QUESTIONS FOR STAFF? YES, SIR, JOHN. [NOISE] >> ARE THERE OTHER CURRENT USERS OF THE RIGHT OF WAY? >> WELL, THERE'S PROPERTIES BEHIND THE SUBJECT PROPERTY THAT COULD ALSO MAKE USE OF THAT RIGHT AWAY. THERE ARE UTILITIES BACK THERE, SO CENTERPOINT AND OTHER UTILITIES MAY NEED TO ACCESS THAT AREA. THERE ARE OTHER CURRENT USERS. >> BUT THERE'S A CONFLICT THAT EXISTS WITH THOSE CURRENT USERS? >> I'M NOT SAYING THAT THERE IS A CONFLICT, IT COULD EXIST. IF YOU CLOSE OFF THAT FENCE OF THAT PORTION OF THE RIGHT OF WAY, IT COULD CREATE A CONFLICT. >> THERE USED TO BE A FENCE THERE. [OVERLAPPING] >> IF YOU DON'T MIND, SO WE CAN ALL HEAR YOU. >> THERE USED TO BE A FENCE THERE THAT FELL DOWN, OR IT'S FALLING DOWN. IS IT WHAT THE APPLICANT IS WRITING? >> IF YOU LOOK AT THE SUBJECT SITE, GO BACK TO THAT FIRST PHOTO THERE OR THE SECOND PHOTO, THAT ONE BEHIND THOSE BUSHES, YOU COULD TELL THERE USED TO BE A FENCE THERE, THERE MIGHT STILL BE ONE. [BACKGROUND] IT MIGHT STILL BE ONE THERE. HOWEVER, I CAN'T SPEAK TO HOW THAT GOT THERE, HOW IT DIDN'T GET THERE. THAT'S WHAT WE HAVE NOW. >> YES, SIR. >> GIVEN THE CONDITION OF THAT AREA, DO WE HAVE ANY PRECEDENT WHERE PRIVATE USERS HAVE A LICENSE TO USE ON PROPERTY SUCH AS THAT? >> WELL, EVERY REQUEST IS ON A CASE-BY-CASE. EVERY EVERY SITE WILL PRESENT ITS OWN CHALLENGES, SO IT'S HARD TO ANSWER THAT QUESTION. I WILL SAY THAT TYPICALLY IN THE PAST, STAFF DOES NOT RECOMMEND FAVORABLY FOR FENCES IN THE RIGHT OF WAY, PARTICULARLY FENCES THAT ENCLOSE THE ENTIRETY OF THE RIGHT OF WAY. >> THE RIGHT OF WAY IS 40 FEET WIDE? >> EIGHTY FEET. >> EIGHTY FEET, AND HE'S WANTING THE FENCE IN HALF OF IT. >> ALL OF IT. >> I THOUGHT IT WAS 40 FOOT. >> I THOUGHT HE SAID 40 FEET. >> EAST TO WEST IS THE ENTIRE RIGHT OF WAY WITH A GATE ON THE OPPOSITE SIDE CLOSEST TO THE WAREHOUSES. THE PORTION THAT'S GOING TO BE IMPROVED WITH CRUSHED CONCRETE, IT'S ONLY 40 FEET. BUT THE GATE ITSELF AND THE ACTUAL FENCE WILL, GO BACK TO THE SITE PLAN, TO THE FIRST PICTURE, ALL THE WAY TO THE MOODY. >> EXCUSE ME, MS. FAIRWEATHER, IF YOU COULD GO BACK TO THE MICROPHONE. [BACKGROUND] [LAUGHTER] >> CORRECT. >> THERE'S GOING TO BE A PORTION THAT'S GOING TO BE THE IMPROVED PORTION, WHICH IS THE 200 FOOT IN LENGTH, [00:20:02] GOING NORTH TO SOUTH, BUT THE ACTUAL RIGHT OF WAY EAST TO WEST, IT'S GOING TO BE BLOCKED OFF ENTIRELY. >> BUT THE RIGHT OF WAY IS 80-FEET WIDE HERE? >> CORRECT. >> JUST POTENTIAL REDEVELOPMENT. ON AN LTU, THOSE HAVE TIME LIMITATION. >> TWENTY-FIVE YEARS. >> WHAT'S THAT? >> TWENTY-FIVE YEARS. >> BUT I KNOW THAT WHEN WE DO THOSE, THERE HAS ALWAYS BEEN A STIPULATION THAT IF THE CITY NEEDED TO USE THE RIGHT OF WAY THAT THE OWNER WOULD HAVE TO COME REMOVE THEIR STUFF. >> STIPULATION DOES EXIST. TYPICALLY, THAT GOES INTO THE LTU AGREEMENT ITSELF. HOWEVER, THE LTU AGREEMENT IS TYPICALLY VALID FOR 25 YEARS. I'M NOT SURE THAT IT'S BEEN AN INSTANCE WHERE THE CITY HAS REVOKED IT. [OVERLAPPING] THE ABILITY TO DO SO, YES. >> THE CITY COULD BRING UP THE APPLICANT AND SAY, HEY, YOU NEED TO MOVE YOUR FENCE. WE'RE GOING TO GO PUT IN A NEW ROAD HERE OR WHATEVER THE CITY WILL DESIRE? >> I'M NOT SURE THAT WE'VE EVER DONE IT FOR ANY OTHER LTU. >> BUT IT'S THERE. >> THE AGREEMENT, YES. >> BECAUSE I KNOW WE'VE DONE THOSE, AND WHAT'S WEIRD IS LIKE A LOT OF TIMES WE'LL DO THEM IN THE GRID IN THE COURT TOWN LIKE IN AN ALLEY WHERE THERE'S A SMALL ENCROACHMENT AND IT'S A BUILDING, AND THOSE FOLKS ARE COMING ASKING FOR LTUS, BUT THEY'RE ALSO SIGNING AN AGREEMENT THAT IF THE CITY EVER NEEDS THEM TO REMOVE THEIR STUFF, THEY GOT TO MOVE IT OFF THE CITY'S PROPERTY. >> AGAIN, I'LL RESTATE IT. NO DOUBT ABOUT THAT THE LANGUAGE EXISTS. I'M NOT SURE THAT WE'VE EVER ENFORCED IT. [OVERLAPPING] THE LANGUAGE WILL BE IN THE LTU AGREEMENT. YES. >> THAT WOULD GO AWAY. GO AHEAD. >> THE APPLICANT COULD REQUEST THE CITY ABANDON THAT PROPERTY, CORRECT? AND PURCHASE THE PROPERTY FROM THE CITY, RIGHT? >> CORRECT. >> DID THE APPLICANT DO THAT? >> NO. HE'S REQUESTING AN LTU, WHICH IS WHERE YOU HAVE BEFORE YOU. >> WHERE IT'S A BENEFIT FOR A PRIVATE INDIVIDUAL, YOU COULD SAY THAT'S REALLY THE CASE FOR PRETTY MUCH EVERY LTU WE HAVE DONE? WHEN WE APPROVE THOSE LTUS, THEY'RE NOT FOR THE BENEFIT OF THE PUBLIC, VERY, VERY SELDOM. USUALLY IT'S PRIVATE LANDOWNERS WHO ARE COMING TO US THAT HAVE SOME SORT OF ISSUE, MOSTLY ENCROACHMENT ISSUES, AND THEY'RE ASKING FOR LTUS. ACTUALLY, IT'S NOT EVEN ALWAYS THAT. WE'VE HAD CASES WHERE THEY'VE COME AND ASKED FOR LTUS TO EXPAND THE CONSTRUCTION OR AN IMPROVEMENT OF THEIR PRIVATE PROPERTY. HOW IS THAT DIFFERENT FROM THIS LANGUAGE WE'RE SAYING THIS JUST BENEFITS A PRIVATE INDIVIDUAL AND NOT THE PUBLIC? THAT'S THE CASE OF ALMOST ALL OF OUR LTUS. NOT ALL OF THEM. >> EVERY REQUEST IS IN A CASE BY CASE. THE MAJORITY OF OUR LTUS ARE GOING TO BE RELATED TO ADA RAMPS. OBVIOUSLY, THERE'S A PUBLIC BENEFIT THERE. THERE'S A SHADE CANOPY INVOLVING PEDESTRIAN. AGAIN, PEDESTRIAN CONNECTIVITY, PUBLIC BENEFIT THERE. OWNINGS, EXTENDING, SAME THING, AND NUMEROUS LTUS. HAVE THERE BEEN INSTANCES WHERE IT MAY SEEM THAT THERE'S NO PUBLIC BENEFIT? SURE. I'M SURE OF THAT. THE MAIN DISTINCTION I SEE BETWEEN THIS ONE AND ANOTHER LTUS IS THE AMOUNT OF RIGHT OF WAY THAT'S BEING REQUESTED. THIS IS NOT THREE FEET, FOUR FEET, THIS IS 80 FEET OF BLOCKING OFF A RIGHT OF WAY. >> BUT THE IMPROVEMENT IS A FENCE. HERE'S AN EXAMPLE. I'M JUST TRYING TO GET SOME CLARIFICATION ON THIS. WE JUST RECENTLY DID THE RESTAURANT LAST MEETING. HE'S PUTTING A DECK AND OPERATING HIS BUSINESS ON IMPROVEMENTS. HE'S BUILDING SOMETHING IN THE RIGHT OF WAY. HE CAME AND GOT A LTU. >> THREE FEET OF RIGHT OF WAY REQUESTED, NOT 80 FEET. >> GO AHEAD. >> I THINK WHAT I HEAR IS THE ISSUE IS NOT RIGHT OF WAY LTU, BUT THE ISSUE IS BASICALLY, THIS IS A BIG ASK, LIKE THE BIG ASK THAT WE GET FOR OTHER PUDS AND STUFF LIKE THAT. MAYBE IF THE APPLICANT WAS TO MINIMIZE THE WIDTH AND NOT TAKE IT ALL. SEE WHAT I'M SAYING? IN OTHER WORDS, INSTEAD OF GOING 80 FEET, GO 40 FEET OR 20 FEET. JUST SOMETHING DIFFERENT THAN THE ENTIRE THING BECAUSE I CAN SEE HOW THAT GOES AGAINST THE [OVERLAPPING] [00:25:03] >> JUST FOR CONVERSATIONS. >> I THINK IT WILL SAY, THOUGH, WE CAN'T JUST GO BACK AND SAY, WELL, THIS LTU WAS DONE IN THIS. THIS LTU WAS DONE FOR THAT AND THAT OTHER LTU WAS DONE FOR THIS. THEY'RE ALL SEPARATE. THEY'RE ALL DIFFERENT REQUESTS, AND THEY ALL SHOULD BE EVALUATED SEPARATELY. >> I AGREE, BUT I'M ALSO MAKING A POINT THAT IF IT IS A DEAL THAT IT DOESN'T BENEFIT THE PUBLIC, IT SOLELY BENEFITS A PRIVATE LAND OWNER, WE DO THAT WITH THE VAST MAJORITY OF THE LTUS THAT WE APPROVE, BECAUSE THEY ARE NOT IN ALL CASES. I UNDERSTAND WE HAVE TO TAKE THEM CASE BY CASE. I FOLLOW YOU. YOUR DEAL IS IT'S PRETTY MUCH BLOCKING THE ENTIRE RIGHT OF WAY IN LIEU OF THE RIGHT OF WAY BEING 80 FEET AND 140. >> CAN WE LOOK UP DEFINITION OF LICENSE TO USE AND READ IT FOR US, PLEASE? >> I HAVE A QUESTION. >> WHAT IS AN LTU? >> I TELL YOU WHAT? WHY DON'T WE DO THIS? IF YOU GUYS DON'T MIND, LET'S GET THE APPLICANT UP HERE. LET'S ASK THEM SOME QUESTIONS. >> BUT I WANT TO ASK THE CITY SOMETHING FIRST. >> SURE. >> THE ACTUAL FENCE IS ON THE 50TH STREET SIDE, IS THAT CORRECT? >> YES. >> IT'S TWO THINGS GOING ON. YOU HAVE A FENCE NORTH SOUTH, AND YOU HAVE A FENCE EAST WEST. ONE IS AN ENCLOSURE, WHETHER THERE'D BE CRUSHED CONCRETE, THAT WOULD BE AN IMPROVEMENT WITHIN THAT FENCE PORTION ADJACENT TO THE BUILDING ON 51ST TO THE APPLICANT'S BUILDING, AND THEN THE EAST TO WEST FENCE THAT BLOCKS THE ENTIRETY OF THE RIGHT OF WAY. >> 50TH STREET HAS NEVER BEEN AN OPEN THROUGHWAY GOING NORTH OFF OF BROADWAY. IT JUST GOES ONE BLOCK, IS THAT CORRECT? >> CURRENTLY, YES. >> THERE ARE ONLY THREE OPERATING BUSINESSES IN THAT AREA THAT I CAN SEE? I'M JUST LOOKING AT HOW IT'S USED RIGHT NOW, HOW THE LAND IS USED, HOW IT'S NOT USED. 50TH STREET DOESN'T HAVE ANY PLACE TO GO, REALLY. >> BUT YOU GOT TO THINK ABOUT ALSO POTENTIAL REDEVELOPMENT. IF THOSE WAREHOUSES GO AWAY, THAT'S THE POTENTIAL FOR REDEVELOPMENT. THAT'S PROBABLY ONE OF THE ONLY SPOTS IN NORTH SIDE OF BROADWAY THAT THAT CAN HAPPEN. >> I HEAR YOU, BUT I'M JUST LOOKING AT WHAT'S THERE NOW. I'M JUST REMEMBERING IN PREVIOUS REQUESTS THAT HAVE COME BEFORE THE COMMISSION, WE'RE ASKED TO LOOK AT THE SPECIFIC REQUEST AS IT'S PRESENTED. THAT'S WHAT I'M LOOKING AT. RIGHT NOW, 50TH STREET JUST GOES ONE BLOCK AND EVERYTHING ELSE IS JUST DITCH. >> AGAIN, THIS IS JUST STAFF RECOMMENDATION. IF STAFF IS RECOMMENDING THIS, THERE'S A HOWEVER CLAUSE IN THERE. PLANNING COMMISSION MAY FEEL FREE TO USE THE HOWEVER CLAUSE AND GO IN THAT DIRECTION AS WELL. >> UNDERSTOOD. I APPRECIATE YOU ANSWERING THE QUESTIONS, ANDREW AND [OVERLAPPING] >> THAT WAREHOUSE IS GOING ANYWHERE ANYTIME SOON. >> [OVERLAPPING] I APPRECIATE YOUR EXPLANATION. >> THANK YOU. >> I DO. ANY OTHER QUESTIONS FOR STAFF? YES, MA'AM. >> IN TERMS OF THE NARRATIVE, AND THEY TALKED ABOUT THE HOMELESS ISSUE AND THE PARKING ISSUE. I GUESS MY QUESTION IS, WOULD THEY BE ABLE TO USE THAT RIGHT OF WAY FOR PARKING WITH UTILITY EASEMENT THAT I SEE BACK THERE AS WELL? ARE THEY TRYING TO JUST USE CRUSH CONCRETE OR IF THEY GATE IT, HOW IS THAT SUPPOSED TO WORK? >> WHY DON'T WE GET THE APPLICANT TO THAT ANSWER? >> CAN THEY USE THAT AREA FOR PARKING OR WITH THE LTU [INAUDIBLE] SEPARATE? >> IF IT BECOMES PART OF THE LTU AS PRESENTED, WHICH HE'S PRESENTED AND HE'S DEPICTING THAT TO BE THE CASE, THEN THAT'S WHAT THE USE OF THE RIGHT OF WAY WOULD BE. NO DIFFERENT THAN OTHER LTUS THAT WE'VE DONE, WHERE THEY'RE REQUESTING A CERTAIN SPECIFIC ITEM TO BE PLACED IN THE RIGHT OF WAY. THAT'S THE ITEM THAT WILL GET PLACED IN THE RIGHT OF WAY. NOW, AS FAR AS UTILITIES BEING THERE, HE HAS TO GO THROUGH A PERMITTING PROCESS. CITY ENGINEER HAS TO BE OKAY WITH ALL OF THAT, SO THAT'S THE PROCESS. >> ANY OTHER QUESTIONS FOR STAFF? WE'LL HAVE THE APPLICANT COME FORWARD. I GOT TROUBLE YOU STARTING HERE, MR. LISTOWSKI? >> NO, SIMPLE ASKING. [LAUGHTER]. >> YOU'RE RIGHT. >> JOHN LISTOWSKI. IT'S GREAT TO SEE EVERYBODY AGAIN. THIS IS MY SECOND MEETING SINCE I LEFT COUNSEL, SO I'M TRYING TO MAKE EVERY MEETING WELCOMING. >> IF YOU WANT, WE'LL STILL LET YOU SIT UP HERE. >> I'LL COME BACK. >> I LOVE IT. >> YOU DON'T HAVE TO KEEP COMING AND STANDING THERE. [LAUGHTER] >> I WON'T HAVE A CASE NEXT TIME, SO THIS MIGHT BE THE LAST TIME FOR A WHILE. [00:30:03] WE'LL SEE. LET ME BRING UP THIS LITTLE PRESENTATION. THE LTU FOLDER RIGHT HERE. >> HOPEFULLY THIS WILL WORK AND I CAN TELL YOU A FEW THINGS. IN 2006, FOR SOME REASON, I BOUGHT THIS PIECE OF PROPERTY AND I WAS PUTTING THIS PRESENTATION TOGETHER AND I GO, WHY THE HECK, DID I BUY THAT BUILDING BECAUSE IT LOOKS TERRIBLE THERE. AFTER A LOT OF WORK, IF YOU CAN GO TO THE NEXT SLIDE, TODAY IT LOOKS LIKE THIS. WE'VE TOOK THIS OLD BUILDING THAT HAD NO USE, IT WAS A RESTAURANT WAREHOUSE. WE'VE COMPLETELY TRANSFORMED THE FACE OF THE BUILDING BACK TO BASICALLY ITS ORIGINAL LOOK FROM 1960S SO WE'VE PUT A TON OF WORK IN THIS BUILDING AND WE'VE GOT SOME GREAT THINGS GOING ON THERE. IF YOU GO TO THE NEXT SLIDE, WE HAVE CONCERNS WITH THE AREA. ONE IS SAFETY, THE OTHER, THE TENANTS THAT WE HAVE IN THE BUILDING ARE HAVING SOME ISSUES. WE ARE RIGHT DOWN THE STREET FROM THE SALVATION ARMY WE HAVE LOTS OF TRAFFIC WALKING IN FRONT OF THE PROPERTY DOWN 51ST STREET, AROUND THE BACK OF THE PROPERTY. JUST THIS PAST WEEK, THE FIRE DEPARTMENT WAS CALLED TO A FIRE THAT WAS BACK ON 48TH AND POST OFFICE FOR GRASS FIRE THAT GOT SET BY SOME HOMELESS PEOPLE. THOSE ARE CONCERNS OF OURS PROBABLY CONCERNS FOR MY NEIGHBOR TOO. THERE'S A TON OF COTTON SITTING RIGHT NEXT TO US WE DON'T WANT THAT TO CATCH FIRE THAT WOULD BE ABSOLUTELY DISASTER. WE'VE HAD SEVERAL REPORTS WHERE WE'VE HAD TO CALL OUR TENANTS HAVE HAD TO CALL THE COPS TO COME OUT TO ADDRESS SAFETY CONCERNS. WE'VE GOT A GYMNASTICS FACILITY IN THE BUILDING. THEY HAVE THEIR COACHES AT NIGHT COME OUT OF THE BUILDING, TEN O'CLOCK AT NIGHT. WE'VE HAD SEVERAL INCIDENTS WHERE WE'VE HAD TO CALL THE COPS TO TAKE CARE OF SOME ISSUES WITH JUST PEOPLE IN THE AREA AND SO WE'VE GOT A COUPLE OF ISSUES. ANOTHER ISSUE IS PARKING. WE TOOK A BUILDING THAT WAS AN EXISTING BUILDING WE'VE TRANSFORMED IT INTO WHAT IT IS TODAY WE'VE MADE IT VIABLE AGAIN BUT WE HAD LIMITED PARKING TO BEGIN WITH, AND WE HAVE THOSE CONCERNED, WE STILL HAVE THAT ISSUE TODAY. IF YOU CAN GO TO THE NEXT SLIDE. WE SAW THAT WE HAD THE RIGHT OF WAY BEHIND US, AND THAT COULD BE UTILIZED FOR PARKING AND ALSO THAT RIGHT OF WAY WAS ORIGINALLY SECURED. WHEN WE BOUGHT THE BUILDING, THAT RIGHT OF WAY HAD A GATE AND FENCE. PART OF THAT FENCE IS STILL THERE, THAT SECURED THAT RIGHT OF WAY. THE CITY HAS TO MAINTAIN THAT RIGHT OF WAY RIGHT NOW SO AS THEY USE THAT GATE, IT HAS FALLEN APART, RUSTED, AND NOW IT CANNOT BE SECURED ANYMORE, THE GATE IS STILL THERE, IT'S JUST LAYING THERE. WE WOULD LIKE TO DO WHAT THE CITY HAD BEFORE AND ACTUALLY REBUILD THE GATE AND FENCE THAT WENT ACROSS THE 50TH STREET RIGHT OF WAY. BY DOING THAT, THAT SECURES A RIGHT OF WAY, YOU DON'T HAVE TRANSIT TRAFFIC WALKING DOWN THAT RIGHT OF WAY, WHICH REALLY NOBODY SHOULD BE WALKING DOWN THAT RIGHT OF WAY ANYWAY IT'S NOT A SAFE PLACE TO WALK FROM DOWN 50TH STREET ALL THE WAY BACK TO POST OFFICE IS THE NEXT STREET. THERE'S CL WHERE THE 50TH STREET RIGHT OF WAY STARTS OR I GUESS THE ROAD STOPS AND THE OPEN RIGHT OF WAY STARTS AND THEN IT GOES BACK TO POST OFFICE WHERE 50TH STREET WOULD INTERSECT. WE'D LIKE TO SHARE THAT ONE IN, WE DON'T HAVE PROBLEMS WITH PEOPLE WALKING THE OTHER WAY DOWN THAT RIGHT OF WAY WE MAINLY HAVE PEOPLE COMING OFF OF 50TH STREET AND ACTUALLY LIVING BACK THERE SO THAT'S WHAT SECURING IT WOULD ALSO HELP WITH. THERE'S ALSO ABOUT A SIX FOOT OPEN DITCH THAT STARTS MAYBE 300 FEET DOWN AND IT DOESN'T CREATE [00:35:02] A SAFE ENVIRONMENT IF SOMEBODY WERE TO DRIVE THROUGH THAT GATE, THEY COULD EASILY WIND UP IN A SIX FOOT DEEP OPEN DITCH, THAT'S A LITTLE FURTHER DOWN. WE FEEL THAT BY SECURING THAT RIGHT OF WAY THERE AT 50TH AND CL, THAT COULD PRESENT A SAFETY ISSUE WITH DRIVERS. IF YOU COULD GO TO THE NEXT SLIDE SO YOU CAN SEE HERE, WE'VE GOT A CAMP BACK THERE CURRENTLY THAT PEOPLE ARE LIVING IN ON THE BACK SIDE OF THAT FENCE. WE'VE GOT INCIDENT REPORTS FROM FIRE AND POLICE WITH SOME OF THESE REPORTS THAT WE'VE HAD TO CALL IN AND THEN SOME OF THE FIRE THAT HAPPENED LAST WEEK THAT THE POLICE HAD TO PUT OUT. IF YOU GO TO THE NEXT SLIDE SO LET'S SEE IF THIS WORKS. IF YOU CAN HIT IT ONE MORE TIME SO THIS IS AT THE CORNER THERE. YOU SEE THE GATE IT'S ALL FENCED OFF THERE, THE GENERAL PUBLIC IS NOT USING THIS RIGHT OF WAY. THEN YOU CAN SEE HERE BEHIND WHERE THE KIND OF METAL BUILDING STARTS AND THAT CEMENT WALL IS THERE IS A OPEN DITCH THAT STARTS THERE AND THEN TRAVELS THE LENGTH OF THE RIGHT OF WAY BACK TO 50TH STREET AND THEN IF YOU GO TO THE NEXT SLIDE, I WAS SO PROUD OF THESE VIDEOS THAT I PUT IN THIS PRESENTATION. THANK YOU. IF YOU GO HIT IT AGAIN, PLEASE, KATHERINE. THIS IS JUST GOING BACK LOOKING SOUTH, GOING DOWN, YOU SEE THE OPEN DITCH THERE. YOU SEE THE RIGHT OF WAY AND THEN YOU CAN SEE HERE AT 50TH AND CL THAT THIS IS ALL FENCED OFF HERE THERE TO THE LEFT. THERE'S THE GATE THAT'S KIND OF LAYING THERE ON THE RIGHT AND SO WE'RE JUST LOOKING TO PUT THE FENCE AND GATE BACK ALONG THE 80 FEET OF THE RIGHT OF WAY, JUST FROM WHERE IT CURRENTLY EXISTS. THE RIGHT OF WAY I BELIEVE TAKES IN THE LOADING DOCK HERE ON THE PROPERTY NEXT DOOR, DON'T HOME INTO THAT BUT JUST PULLING A TAPE MEASURING 80 FEET, IT GOES ALL THE WAY INTO THAT LOADING DOCK. WE'RE JUST LOOKING TO SECURE USE THE EXISTING FENCE THAT'S THERE AND SECURE THE PROPERTY, THE RIGHT OF WAY AT 50TH AND CL. THEN WE'D LIKE TO TAKE 40 FEET OF THE RIGHT OF WAY AND THEN ACTUALLY GATE THAT AND HAVE IT ACCESSED BY OUR PROPERTY. WE WOULD ALSO HAVE TWO GATES, WHICH IS SHOWN ON MY SIDE PLAN THAT I SUBMITTED. ONE GATE THAT WOULD ACCESS OUR PROPERTY VIA THE RIGHT OF WAY, AND THEN ONE GATE THAT WOULD ACCESS THE OTHER 40 FEET OF THE RIGHT OF WAY SO IF THE CITY EVER NEEDED TO GET IN THERE TO MAINTAIN IT, GET TO THE UTILITIES, THEY WOULD ALWAYS HAVE ACCESS WITH THEIR LOCKS ON THEM TO ACCESS THE RIGHT OF WAY. I THINK I ANSWERED A LOT OF THE QUESTIONS, BUT I'M HAPPY TO ANSWER ANY QUESTIONS. >> I GOT A QUICK QUESTION FOR YOU, JOHN, JUST SO I UNDERSTAND. YOU'RE OF THE OPINION THAT THE 80 FOOT RIGHT AWAY GOES FROM WHAT IS CURRENTLY YOUR BACK FENCE AND GOES ALL THE WAY ACROSS AND INCLUDES WHAT APPEARS TO BE A LOADING DOCK ADJACENT TO THOSE COTTON WAREHOUSES SO YOU'RE LOOKING TO DO 40 FEET IN WIDTH THERE. IS THAT WHAT YOU'RE. >> THAT'S CORRECT. >> WOULD BE 60. >> WHAT'S THAT? >> THE 20 FEET OF LOADING DOCK AND 60 FEET FROM THE LOADING DOCK EDGE TO THE FENCE OF MR [OVERLAPPING]. >> NO. THAT'S NOT WHAT I'M REQUESTING BUT IT'S ALL ABOUT HOW YOU WANT TO WRITE IT. LET ME GO OVER HERE REAL QUICK, AND I'LL JUST POINT OUT SOMETHING AND I'LL COME BACK TO THE MIC. 40 FEET SOMEWHERE RIGHT IN HERE. OPEN DITCH STARTS FURTHER DOWN, I'M GOING RIGHT TO THE EAST SIDE OF THAT OPEN DITCH AND THAT WOULD BE THE 40 FEET. IF YOU SEE BACK HERE, THIS IS A FENCE THAT I THINK IS PROBABLY CLOSE TO THE PROPERTY LINE, 80 FEET RIGHT OF WAY. THIS BUILDING IS ON THE PROPERTY LINE, MY BUILDING IS ON THE PROPERTY LINE AS YOU CAN SEE IN THE VIDEO IF YOU WANT TO GO BACK TO THE VIDEO, YOU CAN SEE IT A LITTLE BIT CLEARER. ALL I'M REQUESTING IS THE 40 FEET. NOW, IF I NEED TO REQUEST SOMETHING ADDITIONAL FOR SOME ADDITIONAL FENCE HERE, THAT I'M WILLING JUST TO PUT UP TO SECURE THE RIGHT OF WAY. I MEAN, IT DOESN'T BENEFIT ME ONE BIT TO SECURE MORE OF THE PROPERTY BECAUSE I'M NOT USING IT. [00:40:03] I MEAN, IT'S HOWEVER YOU WANT TO WRITE THIS. >> HOW HIGH IS THE LOADING DOCK THERE? >> THREE FEET. >> IT'S NOT VERY HIGH. >> PROBABLY. >> I CAN ANSWER THE QUESTION, BUT OUT OF HOME. >> THIS IS MY NEIGHBOR. THIS IS LARRY. HE CAN COME UP HERE AFTER ME AND SPEAK. >> LARRY WELL, I PROMISE YOU'LL GET A CHANCE TO SPEAK YOUR PIECE. >> I'VE LOST TOTAL ABILITY TO KNOW WHERE YOUR BUILDING IS IN ALL THIS. KATHERINE, COULD YOU GO BACK TO THE FIRST VIDEO? >> IT'S ACTUALLY CARINA. >> I'M SORRY, CARINA. THANKS. >> THIS IS MY PROPERTY THIS IS MY FENCE LINE THIS IS MY BUILDING TOO. THIS WALL IS MAYBE A FOOT WITHIN MY PROPERTY LINE SO THE PROPERTY LINE BASICALLY GOES FROM THIS RETAINING WALL TO SOMEWHERE HERE ON THE LOADING DOCK, THAT'S THAT'S 80 FEET. >> THAT'S WHERE YOU WANT THE FENCE TO BE? >> NO, I ONLY WANT 40 FEET SO BACK TO THE VIDEO UP ONE MORE TIME, PLEASE. HERE'S THE OPEN DITCH I WOULD COME RIGHT TO THE EAST SIDE OF THE OPEN DITCH AND COME DOWN HERE. >> HOW FAR? >> THAT'S THE 200 [OVERLAPPING] >> THIS IS THE OPEN DITCH RIGHT HERE AND THERE'S THERE'S CULVERTS UNDER THE GROUND HERE FOR THESE OPEN DITCH? >> 200 FEET. >> I WOULD COME 40 FEET OFF HERE RIGHT ON THE EAST SIDE OF THE DITCH HERE SO I DON'T PUT THE FENCE POST IN THE CULVERT THAT'S BELOW GROUND AND THEN COME DOWN 200 FEET BASICALLY TOWARDS CL >> BUT YOU WANTING A FENCE ALL THE WAY ACROSS THERE TO MITIGATE. >> CURRENTLY, THERE IS A FENCE THERE. >> BUT IT NEEDS TO BE REDONE. >> I'M HAPPY TO REDO THAT FENCE TO SECURE THE RIGHT OF WAY LIKE IT WAS WHEN I FIRST BOUGHT THIS PROPERTY. WHEN I FIRST BOUGHT THE PROPERTY, THE GATE WAS LOCKED. [INAUDIBLE] >> THROUGHOUT THE YEARS, THE CITY MAINTAINS THIS. THE CITY HAS TO GO BACK THERE AND MOW THIS, THEY HAVE TO MAINTAIN THAT OPEN DITCH. THEY ACCESS THE PROPERTY THROUGH THAT GATE, AND THROUGHOUT THE YEARS, THAT GATE WILL NOT CLOSE ANYMORE BECAUSE IT'S SO RUSTED AND JUST DILAPIDATED, FALLING APART. >> IF YOU WERE TO DO THE 80 FEET THE WAY THIS IS DRAWN, IT WOULD ENCOMPASS THE LOADING DOCK AND WOULD GO ALL THE WAY UP. >> I DO NOT WANT TO DO THAT. >> BUT YOU DON'T WANT 80 FEET. >> I DO NOT WANT THAT. >> IT'S 80 FEET. >> MR. PLUMBING IS THERE. DO YOU KNOW WHERE THAT IS? >> YEAH. I KNOW WHERE THAT IS. >> I COULD OFFER SOME CLARIFICATION IF THE PERMISSION WOULD LIKE. >> HELP US PLEASE. >> IF YOU LOOK AT THE SITE PLAN PROVIDED BY THE APPLICANT, FROM THIS POINT OF HIS FENCE ADJACENT TO THIS PROPERTY, HE'S GOING 40 FEET OF ENCLOSURE THAT WILL INCLUDE THE IMPROVED PORTION OF THE CRUSHED CONCRETE. FORTY FEET PUTS YOU MORE OR LESS HALFWAY THROUGH THAT OPEN DITCH, MORE SO. GIVE OR TAKE. FROM THAT POINT, MOVING EAST TOWARDS THE EDGE OF THAT LOADING DOCK, THERE'S AN ADDITIONAL 20 FEET, WHICH IF YOU LOOK AT THE SITE PLAN, IT SHOWS THAT THERE IS A PROPOSAL FOR A GATE. NOT ON THE NORTH SIDE, BUT ON THE SOUTH SIDE. THERE'S A PROPOSAL FOR A GATE. >> GO DOWN, DON. >> GO DOWN, WHERE THEY HAVE SHRUBS. >> HERE. >> SOUTH. COME DOWN. >> WHERE THE BUSH IS AROUND. >> WHERE THE BUSH IS, CORRECT. THAT'S AN ADDITIONAL 20 FEET UNTIL THE EDGE OF THAT LOADING DOCK. THE RIGHT OF WAY, AS MS. SALASASKI JUST EXPLAINED, DOES INCLUDE THE LOADING DOCK. IT'S FROM THE FENCE ADJACENT TO HIS PROPERTY, ALL THE WAY PRETTY MUCH TO THAT WALL OF THE WAREHOUSES. IF YOU LOOK AT THE SIDEPLAN AGAIN, THE ENTIRETY OF THE RIGHT OF WAY, IT'S PRETTY MUCH AT THIS POINT WOULD BE BLOCKED OFF ON THE SOUTH SIDE AT THE CORNER OF 50TH AND SEALY. THAT INCLUDES THE 40 FEET THAT HE'S PROPOSING TO IMPROVE AND AN ADDITIONAL 20 FEET WHERE THERE WILL BE A GATE ABUTTING THAT LOADING DOCK. >> JUST TO ADD FODDER TO THE FIRE, IS THE LOADING DOCK IN THE RIGHT OF WAY? >> ACCORDING TO THE CAD IMAGERY AND HISTORY, THAT'S A POSSIBILITY, YES. >> OKAY. >> A COUPLE OF QUESTIONS, JOHN. YOU'RE GOING TO JUST ENCLOSE IT, YOU'RE NOT GOING TO USE IT FOR A PARKING LOT? >> NO, I AM USING IT FOR A PARKING LOT. TO ANSWER ANOTHER QUESTION, I FIRST CAME TO THE CITY, NOT TO PLANNING. I CAME TO CITY MANAGER OFFICE, "HEY, I WANT TO ABANDON THE RIGHT OF WAY, WHAT DO YOU THINK?" I TALKED TO THESE GUYS OVER HERE AND THEY'RE LIKE, NO WAY, WE'RE NOT GOING TO ABANDON THAT RIGHT OF WAY. [00:45:02] I GO, OKAY, NO PROBLEM. HOW ABOUT LTU? THEY'RE LIKE, "YEAH, THAT'S PROBABLY A BETTER ROUTE TO GO." THAT IS THE ROUTE I WENT. I WOULD RATHER THE CITY COME IN HERE AND PUT A STREET IN HERE AND I COULD DO 10 PARKING SPACES ON THE STREET. I'M ONLY GOING TO GET ABOUT 12 PARKING SPACES FOR MY 200 BY 40 FEET OF IMPROVEMENTS TO THIS RIGHT OF WAY, NOT A LOT. IT WOULD BE MUCH BETTER INVESTMENT FOR ME AND MY TAX DOLLARS IF THE CITY CAME IN HERE AND PUT A STREET IN HERE AND I COULD JUST PARK ON THE STREET LIKE EVERY OTHER STREET IN GALVESTON. I'M NOT LOOKING TO HAVE A RESTAURANT WITH TABLES SITTING IN THE RIGHT OF WAY AND SERVE CUSTOMERS FOOD AND MAKE MONEY OFF OF THAT. I'M NOT MAKING ANY MONEY OFF OF THIS. BECAUSE THE CITY DOES NOT HAVE ANY MONEY TO PUT A STREET IN HERE, I NEED PARKING, AND I WOULD LIKE TO IMPROVE THIS PART OF A RIGHT OF WAY TO PARK IN, WHICH WE NORMALLY DO WITHIN OUR RIGHT OF WAYS. >> WHAT YOU'RE REQUESTING TO IMPROVE IS 40 FEET IN WIDTH BY 200 FEET OR WHATEVER IT IS? HOW LONG IN LENGTH? >> MY PROPERTY IS ROUGHLY 300 FEET IN LENGTH FROM SEALY TO THE OTHER SIDE OF THAT METAL BUILDING THERE, ABOUT 300 FEET. I ONLY WANT ABOUT 200 BECAUSE ABOUT 100 OF THAT IS THAT OPEN DITCH, AND I CAN'T USE THE OPEN DITCH. >> WHAT YOU'RE REALLY NEEDING IS 40 BY 200? >> BY 200. >> OKAY. >> WHAT ABOUT THE UTILITY POLES? >> YEAH. >> IT'S JUST IN THE PARKING LOT. CENTERPOINT, IF THEY NEED TO ACCESS THAT UTILITY POLE, THEY HAVE ACCESS TO THAT GATE, JUST LIKE THE CITY DOES. THOSE TRANSFORMERS FEED MY BUILDING, SO I DEFINITELY WANT CENTERPOINT TO HAVE ACCESS TO THEIR UTILITIES BECAUSE THE ONLY THING THOSE TRANSFORMERS FEED THAT ARE ON THAT POLE IS MY PROPERTY. >> IS THAT WHERE YOUR PARKING IS GOING TO BE THOUGH WHERE THOSE POLES ARE? >> YES. >> THEY WOULD JUST PARK AROUND THEM. >> YEAH. >> YOU'RE NOT CONCERNED ABOUT SOMEBODY BUMPING INTO THEM? >> NO. WE COULD PUT BALLERS AROUND IT OR SOMETHING LIKE THAT, BUT NO. >> THAT CULVERT IS A DRAINAGE DITCH, CORRECT? >> YES. >> PART OF THE DRAINAGE DITCHES? IS THAT ONE OF THE MAIN DRAINAGE DITCHES OVER THERE, THAT CULVERT BACK THERE? DOES IT FLOOD BACK THERE? >> PROBABLY. >> IT FLOODS ON 51ST STREET WHICH IS A BRAND NEW STREET. >> THAT OPEN DITCH RIGHT THERE, MIKE, I THINK IT GOES ALL THE WAY UP TO MAYBE HARBOR SIDE, IS THAT CORRECT? >> THAT DITCH, THAT GOES TO POST OFFICE AND THEN UNDER POST OFFICE. THEN THERE IS PRETTY MUCH WETLANDS AFTER THAT THAT IT DRAINS. BUT YES, THIS 50TH STREET RIGHT OF WAY, THAT IS A MAJOR DRAINAGE EASEMENT FOR THE CITY. THAT'S ONE REASON WHY THEY WOULD NOT ABANDON IT. THEN YOU HAVE THE 49TH STREET ONE, WHICH IS ANOTHER MAJOR ONE TOO. I THINK 49TH OR 48TH. THERE'S ONE THAT'S IN BETWEEN THE MOODY COMPRESS PROPERTY THERE. THAT'S ANOTHER MAIN DITCH OVER THERE. >> IN YOUR NARRATIVE, YOU'VE MENTIONED ABOUT THE PROBLEMS WITH THE HOMELESS POPULATION. HOW HAVE YOU AND YOUR BUSINESS NEIGHBORS BEEN DEALING WITH THAT OVER THE LAST COUPLE OF YEARS? >> THROUGH THE POLICE. THAT'S THE ONLY WAY WE CAN DEAL WITH IT. NINETY PERCENT OF THE PEOPLE THAT ARE TRANSIENT, WALKING, NO PROBLEM. WE HAVE A GOOD RELATIONSHIP WITH SOME OF THEM. WE HAVE A COFFEE TRUCK THAT SERVES COFFEE ON OUR PROPERTY. THEY GIVE PEOPLE FREE COFFEE SOMETIMES. I KNOW A LOT OF THESE PEOPLE BECAUSE THEY WALK EVERY DAY, THE SAME PEOPLE WALK BY OUR PROPERTY. WE KNOW A LOT OF THESE PEOPLE. BUT THEN THERE ARE SOME PEOPLE THAT CAMP OUT BACK HERE. THERE'S PEOPLE THAT ARE CAMPING OUT ON MY PROPERTY THAT I'VE HAD TO ASK TO LEAVE. IT'S A CONCERN OF OURS, MAINLY AT 10 O'CLOCK AT NIGHT WHEN SOME YOUNG GIRL IS LEAVING WORK FROM COACHING GYMNASTICS AND SHE HAS TO BRING OUT THE TRASH OR JUST WALK TO HER CAR, AND THERE'S AN ALTERCATION THAT HAPPENS. THOSE ARE THE REAL THINGS THAT WORRY US. >> HOW WOULD THAT CHANGE? I'M JUST CURIOUS. BECAUSE I KNOW THAT AREA. MY GRANDDAUGHTER USED TO TAKE THAT GYMNASTIC CLASS. THAT'S BEHIND JACK IN THE BOX, RIGHT? >> YES. >> OKAY. I'M FAMILIAR WITH THAT AREA. I'M WONDERING HOW THAT'S GOING TO CHANGE. >> WE WOULD SECURE THAT PARKING LOT FOR ONE, SO THEY COULD ACTUALLY WALK OUT OF A DOOR IN THE BUILDING THAT IS BEHIND A GATED AREA. WE WOULD ALSO LIGHT THIS AREA BETTER. JUST HAVING THE 50TH STREET RIGHT OF WAY BLOCKED OFF. IT WOULD STOP PEOPLE FROM CAMPING OUT LIKE WE HAVE RIGHT NOW BACK THERE. THOSE ARE THE PEOPLE THAT WE'VE HAD ALTERCATIONS WITH, THE PEOPLE THAT ARE CAMPING OUT AT NIGHT WITHIN [00:50:04] THE RIGHT OF WAY OR SOMETIMES THEY JUST PULL UP ON OUR PROPERTY AND TRY TO CAMP OUT. BUT THOSE ARE THE REAL PEOPLE THAT WE HAVE PROBLEMS WITH. THAT WOULD HOPEFULLY ELIMINATE SOME OF THAT, PLUS HAVING A SECURED GATE AREA WITH AUTOMATIC FENCES, AUTOMATIC GATES, THE PARKING LOT WOULD BE A SECURE AREA, AND THEN THEY CAN ACCESS THEIR CARS VIA THAT SECURE AREA. >> ALL ACCESS TO PARKING WILL BE OFF OF 51ST STREET BETWEEN THE TWO BUILDINGS? YOU'VE GOT THIS MAIN BUILDING, YOU'VE GOT THE ROAD GOING BEHIND IT? >> THERE WOULD BE A ACCESS GATE HERE. THIS GATE WOULD BE AN AUTOMATIC GATE WHERE THEY WOULD EXIT THE PROPERTY HERE ON THE SEALY SIDE. THEN THERE WOULD BE A GATE ON THE 51ST STREET SIDE WHERE THEY COULD ENTER AND EXIT. THOSE TWO GATES WOULD BE CONNECTED VIA DRIVEWAY. WE'D ENTER IN THE 51ST STREET SIDE, WE WOULD EXIT HERE ON THE SEALY SIDE. >> 200 FEET OF DRIVEWAY THAT WOULD BECOME? >> NO. >> AM I UNDERSTANDING THAT CORRECTLY? BECAUSE HOW WOULD THEY GET OUT OF THERE IF THEY EXIT IT BACK HERE? >> THE GATE WOULD ENCLOSE THIS AREA. >> UH-HUH. >> THERE WOULD BE PARKING HERE, TWO ROWS OF PARKING CENTER. ONE ROW WOULD BE ON MY PROPERTY, ONE ROW WOULD BE IN THE RIGHT OF WAY. IT WOULD BE A CIRCULAR LOOP HERE. THEY WOULD CIRCLE AROUND AND THEY WOULD EXIT OUT OF THIS GATE HERE. >> THAT PROPERTY IS YOURS, JOHN, THERE? >> YES. ALL THIS IS MINE. >> OKAY. >> ANY OTHER QUESTIONS? JUST ONE LAST THING FOR CLARIFICATION'S SAKE. YOU'RE LOOKING FOR 40 FEET IN WIDTH BY 200 FEET IN LENGTH? >> YES, SIR. >> BUT YOU'RE ALSO LOOKING TO EXTEND THE FENCE ALL THE WAY ACROSS THE RIGHT OF WAY IN AN EFFORT TO PREVENT, FOR WHATEVER REASON, THAT'S ALSO PART OF WHAT YOU'D LIKE TO DO? >> YES. BUT TO CLARIFY THAT, I'M NOT LOOKING TO GO ALL THE WAY 80 FEET ACROSS THE RIGHT OF WAY. IF I WENT 80 FEET ACROSS THE RIGHT OF WAY OF THE FENCE, THEN I WOULD BE ON THE LOADING DOCK, AND I'M NOT GOING TO LIMIT ACCESS TO THEM. THERE'S AN EXISTING FENCE HERE. I'M GOING TO GO TO THAT EXISTING FENCE AND SECURE THE RIGHT OF WAY. ANY ACCESS THAT MY NEIGHBOR HAS CURRENTLY, THEY WOULD STILL HAVE. I'M NOT BLOCKING THEM AT ALL. >> I THINK I'M GOOD. >> THANKS, SEAN. >> OKAY. THANK YOU ALL. >> ALL RIGHT. NEXT. >> IF YOU DON'T MIND, STATE YOUR NAME. SIGN IN FOR US. >> MY FIRST NAME IS LARRY KINDEL. I'M THE GENERAL MANAGER FOR MOODY COMPRESS. AS JOHN HAS ALREADY EXPLAINED, WE'VE HAD NO DISAGREEMENT ON THE FACT OF THE HOMELESS AND THE PROBLEM THAT WE'RE ALL DEALING WITH IN THIS RIGHT OF WAY. NONE WHATSOEVER. NOR DO WE OBJECT TO THE IDEA THAT HE WANTS TO ENCLOSE THIS SPACE. THE ONLY OBJECTION THAT I HAVE TO THIS IS AND IT'S BEEN BROUGHT UP NUMEROUS TIMES ABOUT THE 40 FEET BY 60 FEET BY 80 FEET. THE DISCUSSION THAT WE HAD, JOHN, IS THAT IT WOULD BE EQUALLY DIVIDED AMONGST BOTH PARTIES, WHICH WOULD MEAN IT WOULD BE ONLY 30 FEET BEING GIVEN THE LIMITED RIGHT TO USAGE UNDER THIS PERMIT RIGHT NOW. OUR INTENT IS TO COME BACK TO THE BOARD AND ASK FOR THE OTHER 30 FEET RIGHT OF WAY TO BE GIVEN TO MOODY COMPRESS. AS IT'S STATED RIGHT NOW IN THE REQUEST RIGHT NOW, YOU HAVE A REQUEST FROM HIM FOR 40 FEET AND THE DISCUSSION THAT WE HELD WAS THERE WOULD BE AN EQUAL SPLIT OF THE AREA THAT'S CURRENTLY NOT BEING OCCUPIED OR BEING USED AS THE RIGHT OF WAY FOR THE CITY. IN THE DOCUMENTATION THAT WAS PROVIDED TO ME, I'M SHOWING THAT HE'S ASKING FOR 40, WHICH WOULD THEN EVENTUALLY ENCROACH IN IF YOU FENCE THAT OFF ON OUR ABILITY TO UTILIZE THE OTHER PORTION OF THAT AREA. WE WANT TO ENSURE THAT THAT HAPPENS THAT ONLY 30 FEET BE GRANTED IN THIS AGREEMENT BECAUSE THE OTHER 30 FEET WOULD THEN GO TO US. UNFORTUNATELY, SOMEWHERE ALONG THE LINE, IT APPEARS THAT THE APRON THAT'S ON THAT SIDE OF THE BUILDING RIGHT NOW IS POTENTIALLY AN ENCROACHMENT THAT'S BEEN THERE FOR WHO KNOWS HOW LONG. I'VE BEEN WORKING FOR THE COMPANY 21 YEARS AND IT'S BEEN THERE THE WHOLE TIME I'VE BEEN THERE. THE STATUS QUO IS WHEN WE KEEP COMING BACK TO THIS 40, 60, 80, IS THAT THE AGREEMENT WAS IT WAS GOING TO BE 30 FOOT HIS AND 30 FEET MINE. I WASN'T SURE OF THE TOTAL DISTANCE ORIGINALLY, BUT WHEN I GOT THE ACTUAL SITE SURVEY, IT STATES TO ME IN THE SITE SURVEY RIGHT NOW THAT IT IS BEING ASKED FOR 40 FEET AND OUR AGREEMENT WAS IT WOULD BE EQUALLY DIVIDED, WHICH WOULD MEAN THAT THIS PROPERTY WOULD HAVE A FENCE ONLY AFTER 30 FEET. I WOULD ASK THE BOARD TO TAKE THAT IN CONSIDERATION BEFORE GIVING THE APPROVAL BECAUSE I HAVE HAD LONG NUMEROUS CONVERSATIONS THAT IT WOULD BE EQUALLY DIVIDED SO THAT IT DOESN'T ENCROACH IN OUR ABILITY TO UTILIZE THAT SPACE POTENTIALLY LATER ON AS WELL. [00:55:03] >> UNDERSTOOD. TYPICALLY, WE DON'T ASK QUESTIONS BUT THIS IS AN UNUSUAL CASE. IF THE RIGHT OF WAY IS 80 FEET WIDE, YOU'D LIKE TO BE HAD THE OPPORTUNITY TO COME REQUEST THE SAME THING FOR THE OTHER HALF. IF IT'S 80, HALF IS 40. >> CORRECT. BUT IT'S THE WAY THIS PARTICULAR PERMIT HAS BEEN REQUESTED OF THIS HAS BEEN PROPOSED TO THE BOARD RIGHT NOW IN THE BLUEPRINTS AND EVERYTHING THAT I'VE SEEN ON THE INITIAL BLOCKADE. IF YOU'LL GO BACK TO THE ORIGINAL PHOTOGRAPH WHERE YOU SHOW. >> [INAUDIBLE]. >> I'M SORRY. >> [INAUDIBLE]. >> THERE YOU GO. CAN YOU HEAR ME BETTER? >> WE CAN HEAR YOU TOO LOUD. >> I THINK YOU NEED TO MOVE A LITTLE FURTHER AWAY FROM IT. >> THANK YOU. I CAN DO THAT TOO EITHER WAY. I'M LOUD AND TONED EITHER WAY, BUT I WANTED TO MAKE SURE IT WAS DOCUMENTED WELL IN THE CASE. CAN WE GO BACK TO THE ORIGINAL DIAGRAM OF THE REQUEST, PLEASE AND PULL IT UP? THIS IS WHERE THE QUESTION COMES IN ABOUT 40, 60, 80 OF THIS PARTICULAR REQUEST. >> OKAY. >> I'M IN AGREEMENT WITH JOHN, WE WOULD LIKE TO USE EACH OTHER BUT WE WANT TO MAKE SURE THAT IT'S DIVIDED EQUALLY AND THAT IT'S NOT DIVIDED IMPROPERLY AT THIS POINT IN TIME. >> OKAY. POINT IN TIME. >> BECAUSE HERE'S WHERE THE BIG QUESTION COMES IN. THE LEGAL LEGALITY IS THE STATEMENT RIGHT NOW IT'S NOT 80 FEET, IT'S ONLY 60 FEET OF RIGHT OF WAY THAT'S CURRENTLY ABLE TO BE USED BECAUSE THAT ENCROACHMENT RIGHT NOW THAT YOU'RE INDICATING ON THAT APRON WOULD NOT BE GETTING INTO CONSIDERATION BECAUSE YOU CAN'T ASK ME TO TEAR IT OFF RIGHT NOW BECAUSE TECHNICALLY AND LEGALLY STILL BELONGS TO THEM. >> I APPRECIATE ALL OF YOUR COMMENTS. WEE LEAVE THAT UP TO OUR LEGAL EXPERT OVER HERE, MS. DONNA FAIRWEATHER. WE'VE HEARD YOUR COMMENTS, UNDERSTAND THAT WHATEVER GOES ON, YOU WANT TO BE ABLE TO DO HALF AND I GET THAT, SO THANK YOU. >> APPRECIATE IT. >> ADRIEL? >> YES, SIR. I THINK SO SOME OF THE CONFUSION HERE MAY LIE AND THE FACT THAT THE RIGHT OF WAY IS 80 FEET. [OVERLAPPING] SIR. UNFORTUNATELY, YOU'VE GIVEN YOUR TIME. >> I APOLOGIZE. >> YOU'RE NOT, AND I APPRECIATE YOUR INPUT, AND THAT'S WHY WE'RE HERE. BUT USUALLY, THERE'S A THREE MINUTE TIME LIMIT AND SO YOUR TIME IS UP. [OVERLAPPING] >> I JUST WANTED CLARIFICATION. >> UNDERSTOOD. THANK YOU VERY MUCH. I APPRECIATE IT. ADRIEL? >> YES. WE GO BACK TO THE RIGHT OF WAY PICTURE. THE ISSUE HERE IS THAT THE CONFUSION OF THE 40, 60, 80 COMES IN THAT FROM THE FENCE TO THE EDGE OF THAT LOADING DOCK, THERE'S 60 FEET OF QUOTE, UNQUOTE, USABLE RIGHT OF WAY. THAT DOESN'T NEGATE THE FACT THAT THE LOADING DOCK IS ENCROACHING INTO THE RIGHT OF WAY, WHICH IS AN ADDITIONAL 20 FEET. THE 60 USABLE PLUS 20 FEET OF ENCROACHMENT, THAT'S 80. NOW, THE CONFUSION BETWEEN THE TWO PARTIES MAY LIE IN THE FACT THAT USABLE 60 FEET, YOU DIVIDE THAT IN TWO, THAT'S 30 AND 30. NOW OBVIOUSLY, THAT'S SOMETHING BETWEEN THE TWO PARTIES THAT WE'RE NOT GOING TO GET RESOLVED BUT THAT'S THAT'S THE CONFUSION. WHAT THE APPLICANT IS REQUESTING IN THIS CASE, I'LL REITERATE, IS THAT HE'S REQUESTING 20 FEET AND ALL WE GOT TO DO IS JUST LOOK AT THE SITE PLAN. HE'S REQUESTING 40 FEET FROM THE FENCE THAT HE HAS ON HIS PROPERTY UP TO MORE OR LESS HALFWAY THROUGH THAT RIGHT OF WAY, THAT'S 40 FEET, AND 200 GOING BACK OR NORTH WOULD PUT HIM AT THE EDGE OF THAT NEW BUILDING HE JUST CONSTRUCTED AS YOU SAW IN THE IMAGERY. NOW, THE ADDITIONAL 20 FEET ON THE SOUTH SIDE, IS FOR A GATE, AS YOU SEE RIGHT THERE ON THE SITE PLAN, CALLED THAT 20-FOOT ACCESS GATE. THAT 20 PLUS THE 40 THAT'S BEING ENCLOSE WITH IMPROVED CONCRETE OR CRUSHED CONCRETE, THAT WOULD EQUAL THE 60 FEET OF USABLE RIGHT OF WAY, QUOTE, UNQUOTE. >> UNDERSTOOD. BUT THE RIGHT OF WAY IS 80 FEET WIDE? >> THE RIGHT OF WAY ITSELF WAS 80 FEET, YES, INCLUDING THE ENCROACHMENT BY THE WAREHOUSE PROPERTY. >> ANYBODY ELSE HERE TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING, AND WE WILL BRING THIS BACK TO COMMISSION FOR ACTION. WE NEED A MOTION. >> I MAKE A MOTION THAT WE DENY 24P-021 FOR THE REASONS THAT HAVE BEEN PRESENTED TO US TODAY AS WELL AS WITH STAFF. IT SEEMS LIKE THERE NEEDS TO BE SOME THINGS IRONED OUT BEFORE THIS MOTION'S APPROVED. >> WE HAVE A MOTION TO DENY. WE NEED A SECOND. >> I SECOND. >> WE HAVE A MOTION AND A SECOND TO DENY THE REQUEST, AND WE'LL HAVE SOME DISCUSSION. >> WELL, FIRST OFF, I CAN SEE WE'RE ALL THIS IS GETTING CONFUSED, ESPECIALLY WITH THE PUBLIC COMMENT WE HAD FROM THE GENTLEMAN. [01:00:01] I WOULD SAY IF I WERE GOING TO MAKE A MOTION, I WOULD MAKE A MOTION TO DENY WITHOUT PREJUDICE, [OVERLAPPING] WOULDN'T THAT BE THE PROPER THING? >> YEAH, I THINK YOU'RE RIGHT. I JUST [INAUDIBLE] MOVING ALONG. [OVERLAPPING] >> YEAH. CAN MOVE ALONG AND GET SOMETHING ELSE GOING. >> LET ME WITHDRAW MY MOTION. >> I DON'T THINK. >> DOESN'T APPLY. >> YEAH. I. >> IF YOU'RE THINKING THAT IF YOU DENY WITHOUT PREJUDICE, THEN THEY DON'T HAVE TO WAIT A WAITING PERIOD, I DON'T THINK THAT APPLIES TO LICENSED USE REQUEST. >> YEAH. NO, I THINK THAT'S AN OLD LANGUAGE THAT USED TO BE IMPLEMENTED FOR PLATTING PURPOSES. THAT'S NO LONGER THE CASE, EVEN DURING PLATTING. >> YEAH. OKAY. >> THEY CLAIM THEY CAN COME BACK AFTER BECAUSE WE CAN'T PROVE IT LIKE IT IS ANYWAY, SO THEY CAN COME BACK AND DISCUSS IT AND BRING IT BACK TO US IN A DIFFERENT FORM BECAUSE HE'S SAYING THEY WANT TO DIVIDE IT, BUT THAT'S NOT WHAT WE HAVE HERE IN FRONT OF US. >> HOPEFULLY, I'M CLARIFYING THIS CORRECTLY. WHAT'S BEING PRESENTED IS THE REQUEST FOR THE ABANDONMENT 40 FEET. >> NOT ABANDONMENT. >> LPU. >> SORRY. >> FORTY FEET IN WIDTH. >> LPU, 40 FEET, AND THEN THE 20-FOOT ACCESS GATE ISSUE, THAT 30 AND 30, THAT THE OTHER SPEAKER SPOKE ABOUT, THAT IS NOT ON THE TABLE. >> UNDERSTOOD THAT. >> I THINK THAT'S SOMETHING THAT NEEDS TO BE ADDRESSED ELSEWHERE, BUT NOT NECESSARILY HERE. WHAT HAS BEEN REQUESTED IS WHAT'S BEFORE YOU. I WAS GOING TO SAY SOMETHING ELSE. I APOLOGIZE. IN TERMS OF A DENIAL TODAY, KATHERINE OR ADRIEL, WHAT, IF ANY, IS A WAITING PERIOD THAT NEEDS TO HAPPEN OR CAN THEY BRING THIS BACK, ETC? >> IF IT'S ALL RIGHT DENIED, IT WOULD BE A WAITING PERIOD OF SIX MONTHS. IF THE APPLICANT CHOOSES TO COME BACK WITH SOMETHING THAT'S SUBSTANTIALLY DIFFERENT, THEN HE COULD COME BACK RIGHT AWAY. BUT IF IT'S THE SAME REQUEST, EXACTLY THE SAME AS YOU SEE TODAY, SIX MONTHS. >> IS THE REQUEST FOR 40 FEET OR IS IT FOR 80 FEET? THERE'S BEEN SOME CONFUSION ABOUT. >> NO. I THINK THE REQUEST IS FOR 40 FEET IN WIDTH? >> NO. THE REQUEST IS AS DEPICTED ON THE SITE PLAN. THAT'S WHAT WE'RE APPROVING TODAY. WE'RE APPROVING THE SITE PLAN, WHAT'S SHOWN ON THE SITE PLAN. >> THAT'S NOT MY REQUEST. >> THAT WAS WHAT WAS ON YOUR SITE PLAN. >> I'M READING RIGHT HERE 40 FEET BY 200 FEET. >> THE SITE PLAN SHOWS A 40 FOOT RIGHT OF WAY BY 220 FOOT GATE MOVING EAST TO WEST, THAT'S 60 FEET. NOW, THERE'S ALREADY AN ENCROACHMENT ON THAT. WHAT'S BEING REQUESTED IS WHAT'S SHOWN ON THE SITE PLAN. >> OKAY. >> YOU'RE MAKING MY HEAD HURT HERE. >> TO MAKE IT MORE CLEAR, IF YOU LOOK ON WHAT WOULD BE PAGE 4 OR THE FIRST ATTACHMENT OF YOUR REPORT THERE. YOU'LL SEE THAT I ACTUALLY TOOK THE TIME AND THE YELLOW LINES THAT YOU SEE WITH THE WHITE DOTS, THAT'S REPRESENTATION OF THE IMPROVED PORTION WITH THE CRUSHED CONCRETE. NOW, DO YOU SEE SHOWING OF THE GATE IMMEDIATELY ADJACENT TO THAT? THAT'S WHAT'S BEING REQUESTED. NOW ON THE NORTH SIDE, OBVIOUSLY, YOU SEE THAT THAT'S LEFT BLANK OR NO REPRESENTATION OF A GATE. THE GATE, IT'S ONLY ON THE SOUTH PORTION THERE, THEN THE REST OF THAT IS JUST SHOWING THE ENTIRETY OF THE RIGHT OF WAY ADJACENT TO THE MOODY COMPRESS BUILDING. >> THE GATE STOPS AT THE DOCK? >> CORRECT. >> GIVE ME JUST A SECOND, JOHN. THE REQUEST ALSO INCLUDES THE GATE. THAT'S WHERE WE'RE GETTING THE 80 FEET. IF THE GATE REQUEST WENT AWAY, IT'S A 40 FOOT WIDE. >> IF THE SIPHON DOESN'T HAVE THE ADDITION OF THE GATE, SURE, IT'S JUST 40 BY 200. >> DONA, I HAVE A QUESTION. THAT IS HIS REQUEST, SO HE'S ASKING FOR SOMETHING, BUT WE HAVE A MOTION TO DENY. BUT IF THERE WAS A MOTION TO EXCLUDE THE GATE. CAN WE DO THAT EVEN THOUGH HE'S ASKING FOR SOMETHING, BUT WE'RE NOT WILLING TO GIVE HIM EVERYTHING HE WANTS. WE'RE SAYING, HEY, WE'LL APPROVE YOUR 40 FEET, BUT NOT THE GATE. COULD WE DO THAT? >> WELL, PROCEDURALLY WE HAVE TO DO IT THIS WAY. THERE'S A MOTION ON THE TABLE, AND YOU HAVE TO DEAL WITH THAT MOTION. IF THAT MOTION DIES FOR LAST. >> THEN WE'D HAVE A CHANCE TO GO DO THAT. [01:05:02] >> WE'D HAVE A CHANCE FOR ANOTHER MOTION. >> BUT WE CAN MODIFY HIS REQUEST IF WE WERE TO WANT TO DO SO. >> [INAUDIBLE] BE WITHDRAWN. >> GOT IT. WELL. HERE'S MY DISCUSSION IS HE'S ASKING FOR 40 FEET IN WIDTH, WHICH IS HALF THE RIGHT AWAY. IT'S 80 FEET WIDE. WE'VE HEARD FROM THE OTHER GUY THAT SAYS, HEY, I WANT THE OTHER HALF, THE OTHER HALF WOULD BE THERE. WHAT'S IN THE OTHER HALF IS NOT, THAT'S A WHOLE ANOTHER SUBJECT. WE DO APPROVE THESE ALL THE TIME FOR PEOPLE THOUGH THIS IS A FAIRLY LARGE ONE. THIS IS A LARGE ONE, BUT WE APPROVE LT USE ALL THE TIME FOR THE BENEFIT OF PRIVATE PROPERTY OWNERS. THERE SEEMS TO BE SOME CONFUSION ON THE WIDTH AND THE GATE. I DON'T PERSONALLY SEE A BIG PROBLEM WITH IT. I THINK HE'S TRYING TO PUT THE GATE THERE TO FIX ANOTHER ISSUE THAT'S OVER THERE. BUT I UNDERSTAND YOUR REASONING FOR THE DENIAL IS, HEY, LET'S GET SOME MORE INFO HERE, BUT IT IS A DENIAL, NOT A DEFERRAL. YES, MA'AM. >> I WANT TO COMMENT. WE GET A LOT OF THESE, AND THIS IS THE FIRST ONE THAT I'VE SEEN THAT HAS STAFF RECOMMENDATION TO DENY IT. I TAKE A LOT OF CONFIDENCE IN WHAT STAFF ADVISES US TO DO. I DO UNDERSTAND WHAT JOHN WANTS TO DO AS WELL BECAUSE HE DOES HAVE AN ISSUE WITH THE HOMELESS PROBLEM. I DON'T KNOW HOW TO BETTER ADDRESS IT OTHER THAN THERE'S SO MANY ISSUES WITH THIS CURRENT APPLICATION THAT I'M NOT COMFORTABLE. THAT'S WHY I MAY NOT. >> UNDERSTOOD. I APPRECIATE THE COMMENTS. ANY OTHER DISCUSSION? >> I'LL ADD TO THAT ALSO. I TOO UNDERSTAND THE ISSUE THAT HE'S HAVING, BUT I FEEL LIKE HOW WE FELT ABOUT THE GALVEZ PROPERTY. I ALWAYS THINK ABOUT HOW WE TREAT DIFFERENT PROPERTIES. LIKE WE DIDN'T GIVE THE GALVEZ WHAT THEY WANTED, WHICH WAS A BIG SWATH OF PROPERTY, WHICH, OF COURSE, WAS AN LTU FOR A LONG PERIOD OF TIME. WE DIDN'T DO THAT. I'M JUST GOING TO ASK, IS IT FAIR THAT WE AND THIS IS NOT A YES OR NO ON MY PART. IT'S JUST IS IT FAIR THAT WE GIVE THEM THIS SWATH WHEN WE WOULDN'T GIVE IT TO THE GALVEZ? >> UNDERSTOOD. THE GALVEZ WAS BLOCKING THE WHOLE PUBLIC STREET. I UNDERSTAND YOUR COMMENT. YES, MA'AM. I CERTAINLY DO. >> IS THIS APPLES AND ORANGES OR IS IT APPLES AND APPLES? >> IT'S GRAPES AND GRAPEFRUIT. YES, MA'AM. ANY OTHER DISCUSSION? ALL RIGHT. THEN WE'LL HAVE A VOTE. THOSE IN FAVOR OF THE MOTION TO DENY? THOSE OPPOSED? THAT'S 4/2, SO THAT MOTION FAILS. I'LL MAKE A MOTION THAT WE APPROVE 24 P021 WITH THE EXCEPTION OF REMOVING THE PORTION OF THE OTHER GATED PART. I'M GOING TO MAKE A MOTION THAT WE APPROVE AN LTU THAT IS 40 FEET IN WIDTH BY 200 FEET IN LENGTH ADJACENT TO THE APPLICANT'S PROPERTY. >> I WILL SECOND. >> WE HAVE A MOTION IN A SECOND. ANY DISCUSSION? >> I GET WHILE WE'RE DOING THIS, BUT I FEEL LIKE WE STILL HAVEN'T ADDRESSED THE PRIMARY ISSUE OF WHAT MOODY COMPRESS, WHICH IS ANOTHER REASON WHY I THOUGHT WE SHOULD HAVE DENIED IT. BECAUSE MOODY COMPRESS IS SAYING THAT THAT'S NOT 80 FEET, THAT'S 60 FEET AND THEY WANT 30 FEET OF IT AND WE'RE GIVING AN LTU FOR 40 FEET OF IT CURRENTLY TO ONE PARTY, AND WE'RE SAYING THERE'S A SECOND PARTY WHO SAYS THEY WANT ANOTHER PIECE OF IT. WHAT ARE WE DOING? >> MISS FAIRWEATHER, IF WE GIVE HIM THAT LICENSE TO USE, THEN HE CAN DO WITH IT AS PER WHAT WE AGREE TO. THERE IS NO STIPULATION THAT HE COULD NOT AGREE TO ALLOW ACCESS OR WORK OUT A DEAL WITH THE OTHER PARTY TO GIVE THEM 10 FEET. IS THAT TRUE? >> LTU IS FOR HIM. >> BUT DOES IT GIVE HIM THE RIGHT TO DO TO HOW WOULD YOU ASSESS THAT AS A THE RIGHTS FOR THE OTHER PARTY? [01:10:02] I DON'T I DON'T SEE HOW YOU COULD. >> YOU WOULDN'T. LET ME JUST CLARIFY. THIS IS NOT AN ISSUE THAT IS DEPENDENT UPON ANY PERSON COMING IN AND SAYING, OH, I HAVE AN ISSUE WITH THE APPLICANT'S APPLICATION. IT REALLY SHOULD BE BASED ON EVERYTHING THAT'S BEEN PRESENTED. >> WHATEVER STUFF THEY HAVE TO WORK OUT IS STUFF THEY HAVE TO WORK OUT. YOU JUST HAVE TO SAY WHETHER OR NOT BASED ON WHAT YOU KNOW AND WHAT'S ALLOWED, WHETHER OR NOT YOU CAN GRANT THIS LTU. THAT'S SHOULDN'T BE DEPENDENT UPON WHETHER OR NOT SOMEBODY SAYS WE HAD A GENTLEMAN'S AGREEMENT OR A GENTLEWOMAN'S AGREEMENT ABOUT SPLITTING IT 30/30. >> I WOULD ADD THIS COMMENT. THE RIGHT AWAY IS 80 FEET WIDE. IF THE COMPRESS HAS HAD THE BENEFIT AND USE OF THE RIGHT AWAY FOR THEIR LOADING DOCK FOR A GAZILLION YEARS. THEY'VE HAD THAT BENEFIT AND USE. IT DOES NOT CHANGE THE WIDTH OF THE ROTER AWAY. IT IS STILL 80 FEET WIDE. WHETHER THEY HAVE AN ENCROACHMENT OVER THERE OR NOT, THAT'S A WHOLE ANOTHER ISSUE THAT'S NOT ON OUR PLATE TODAY, BUT THE RIDE AWAY IS 80 FEET IN WIDTH. THAT'S HOW I'M VIEWING. YES, MA'AM. >> WHY DID STAFF PRESENT THIS AS RECOMMENDATION TO DENY? >> WELL, LIKE I SAID, I MEAN, TYPICALLY, REGARDLESS OF WHAT WE'VE HEARD TODAY ABOUT STARTING LTU NOT BEING OF PUBLIC BENEFIT OR NOT, EVERY LTU IS DIFFERENT AND EVERY SIDE PRESENTS ITS OWN CHALLENGES AS I STATED PREVIOUSLY. THE HISTORY OF LTU PERTAINING TO FENCES IN THE RIGHT OF WAY. TYPICALLY, STAFF DOES NOT FIND, THE FINDINGS ARE NOT FAVORABLE FOR THOSE. THE REASON BEING IS, OBVIOUSLY, IT COULD BE, IT'S A MULTI USER ISSUE. NOW, THERE'S NOT A SINGLE USER HERE. THERE'S MULTIPLE USERS OF THE RIGHT OF WAY. THEN OBVIOUSLY YOU COULD LOOK AT TRAFFIC FLOW. YOU COULD LOOK AT PUBLIC BENEFIT. ONE MAY ARGUE THAT, WHY DO YOU APPROVE AN ADA RAMP? WELL, THERE'S A PUBLIC BENEFIT TO THAT. WHY DO YOU APPROVE A CANOPY? THERE'S A PUBLIC BENEFIT TO THAT. I MAY ARGUE THAT THIS IS ADDITIONAL PARKING FOR A PRIVATE ENTITY. THERE'S NO PUBLIC USE TO THAT. AGAIN, EVERY SITUATION IS DIFFERENT. BUT TYPICALLY, FENCES IN THE RIGHT OF WAY ARE NOT FAVORABLE, DO NOT RECEIVE A FAVORABLE RECOMMENDATION BY STAFF. THAT'S JUST WHAT THE HISTORY SHOWS. >> GO AHEAD. >> I'M NOT SURE THAT THE FENCE IS GOING TO ACCOMPLISH WHAT THE APPLICANT IS TRYING TO ACCOMPLISH WITH PROHIBITING ACCESS OR LIMITING VAGRANTS AND ALL THAT KIND OF THING ON THAT SIDE OF THE RIGHT OF WAY. AT THE SAME TIME, STAFF HAS ALSO GIVEN US SOME DIRECTION. HOWEVER, SHOULD THE COMMISSION APPROVE THE REQUEST, STAFF RECOMMENDS THE FOLLOWING CONDITIONS. THOSE FOLLOWING CONDITIONS, I DON'T HAVE ANY ISSUE WITH. I THINK THAT WORKS. I DON'T THINK THE GATES GOING TO SOLVE ANYTHING THERE AS FAR AS, LIMITING VAGRANCY AND THAT KIND OF THING. I'M JUST SAYING THE MOTION THAT YOU MAY EXCLUDING THE GATE, I THINK THAT WOULD WORK BECAUSE THE WHOLE PROPERTY IS JUST THE WHOLE AREA AROUND THERE'S ONLY TWO OR THREE BUSINESSES THAT ARE ACTIVE. I THINK THE USE IS A REALLY GOOD USE FOR THE PROPERTY FOR THE APPLICANT, AND IF THERE'S GOING TO BE MORE DEVELOPMENT OR REDEVELOPMENT, THEN WE CROSS THAT BRIDGE WHEN WE GET TO IT. >> YES. OKAY. YES, SIR. >> WELL, GIVEN THIS AMENDMENT OR THIS CHANGE TO THE MOTION, AND GIVEN THAT PRIVATE UTILITY CITY HAS NO OBJECTION LISTED AT ALL, GIVEN THAT THERE WAS A GATE BEFORE THERE THAT WAS PLACED BY THE CITY, I THINK IT MAKES GOOD SENSE TO GO AHEAD AND APPROVE IT. >> OKAY. >> ALL RIGHT. WELL, THEN LET'S TAKE A VOTE. THOSE IN FAVOR OF THE MOTION. I'LL REPEAT IT JUST SO WE'RE CLEAR. THE MOTION IS TO APPROVE A 40 FOOT Y BY 200 FEET LONG LTU ADJACENT TO THE APPLICANT'S PROPERTY. [01:15:07] THAT'S THE MOTION ON THE TABLE, THOSE IN FAVOR. THE GATE'S NOT A PART OF IT. IT'S 40 FEET WIDE. HE'S USING HALF OF THE RIGHT AWAY. THE GATE'S NOT A PART OF- WE'LL LET THOSE TWO PROPERTY OWNERS FIGURE OUT WHERE THEY WANT TO GET THERE. IT'S A PART OF THE 80 FEET. THIS IS 40. THIS IS ANOTHER 40. ALL WE'RE DOING IS JUST THIS PIECE. >> HE DIDN'T HAVE TO ACCEPT IT. HE DOESN'T HAVE TO ACCEPT IT. >>NO, I'M SAYING IN YOUR MOTION INITIALLY, I THOUGHT SAID WITHOUT THE GATE. >> BY JUST DOING 40 BY 200, WE'RE EXCLUDING THE GATE. THE GATES NOT IN THE MIX. >> IT'S NOT IN THAT SECTION. REMEMBER, IT'S ON THE OTHER SIDE. ALL RIGHT. >> NO. I WAS JUST THINKING THAT BECAUSE THIS SAID ABOUT THE GATE IN HERE, THAT OUR MOTION HAD TO SPEAK TO THE GATE. >> WE'RE NOT, WE'RE JUST GIVING THEM 40 BY 200 ADJACENT TO THEIR PROPERTY. >> I GOT IT. >> LET'S VOTE THOSE IN FAVOR. THOSE OPPOSED. WE HAVE ONE IN OPPOSITION, FIVE IN FAVOR, SO THAT WOULD APPROVE 24 P-021 CONDITION. >> CORRECT. >>ALL RIGHT. ANY OTHER ITEMS? IF NOT, WE'RE ADJOURNED. THANK YOU. HOLD ON. [Additional Item.] YEAH. NO. ANOTHER HEY, COME ON UP HERE. COME ON UP. YEAH. TELL US A LITTLE ABOUT YOURSELF AND WHAT YOU'RE DOING AND WHY YOU ARE HERE. >> I CAN TALK. MY NAME IS PEYTON SHOT. I AM A RECENT MASTER'S GRADUATE FROM TEXAS A&M. I AM THE NEW COASTAL RESOURCE DIVISION INTERN, WORKING WITH HUNTER AND KYLE FOR HOWEVER LONG THEY'LL KEEP ME. I DID A BACHELOR'S IN COASTAL ENVIRONMENTAL SCIENCE AND A MASTER'S IN MARINE RESOURCE MANAGEMENT. IT'S RIGHT UP MY ALLEY, ALL OF THIS. THIS IS MY FIRST MEETING. >> YOU'VE DONE A GREAT JOB. >>THANK YOU. I APPRECIATE IT. >> WELL, WELCOME. WE'RE GLAD TO HAVE YOU. >> I'M GLAD TO BE HERE. THANK YOU. >> ALL RIGHT. WE'RE ADJOURNED. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.