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[1. Call Meeting To Order]

[00:00:03]

>> GOOD AFTERNOON. WE'RE GOING TO CALL THE MEETING OF THE GALVESTON PLANNING COMMISSION TO ORDER.

OUR FIRST ORDER OF BUSINESS, WELL, HOLD ON A SECOND, I HAVEN'T FOUND MY AGENDA. WE HAVE A QUORUM.

COMMISSIONER RIOS IS NOT PRESENT.

ANY CONFLICTS OF INTEREST? WE HAVE A NEW MEMBER, TOM. WELCOME.

[4. Welcome New Member]

>> THANK YOU.

>> WON'T YOU TELL US A LITTLE BIT ABOUT YOURSELF.

>> [INAUDIBLE]

>> GREAT. THANK YOU, TOM. WELCOME. MOVING ON,

[5. Election Of Chairperson And Vice-Chairperson]

WE'RE GOING TO HAVE THE ELECTIONS OF THE CHAIR AND I HAVE A LITTLE CHEAT SHEET HERE.

THE CHAIR AND VICE CHAIR.

I DON'T KNOW IF YOU GUYS GOT THIS, BUT WE'RE GOING TO OPEN THE NOMINATIONS.

THE NOMINATIONS DON'T REQUIRE A SECOND.

WE WILL START OFF WITH THE CHAIR AND WE WILL OPEN THE FLOOR FOR NOMINATIONS FOR CHAIR.

>> I WILL NOMINATE RUSTY.

>> I'LL ACCEPT THAT NOMINATION.

>> I'M SORRY.

>> [LAUGHTER] YOU'RE NOT.

>> IT'S OKAY.

>> ARE THERE ANY OTHER NOMINATIONS FOR CHAIR? SEEING NONE, WE WILL TAKE THE VOTE FOR RUSTY WALLA AS CHAIR. TO IN FAVOR? THAT'S UNANIMOUS.

WE'LL MOVE ON FOR NOMINATIONS FOR VICE CHAIR.

ARE THERE ANY NOMINATIONS? I'LL MAKE ONE. I'LL NOMINATE COMMISSIONER LANCE FOR VICE CHAIR.

ARE THERE ANY OTHER NOMINATIONS? SEEING NONE, WE WILL TAKE THE VOTE.

THOSE IN FAVOR OF COMMISSIONER LANCE AS VICE CHAIR. YOU DO? ABSOLUTELY. THAT'S UNANIMOUS. WELCOME ABOARD.

YOU DO GET A PAY RAISE WITH THAT, BY THE WAY. YOU DO.

YOU CAN STAY RIGHT THERE. KEEP AN EYE ON YOU.

WE'VE GOT THAT BUSINESS TAKEN CARE OF.

WE'LL APPROVE THE MINUTES FOR SEPTEMBER 7TH WORKSHOP AND REGULAR MEETING.

[6. Approval Of Minutes]

WE'LL DO BOTH AT THE SAME TIME.

ARE THERE ANY AMENDMENTS DELETIONS OR CHANGES TO THE MINUTES? SEEING NONE, WE WILL APPROVE BOTH THE WORKSHOP AND REGULAR MEETING MINUTES.

THEN WE'LL MOVE ON TO PUBLIC COMMENT.

[7. Public Comment]

IF YOU ARE HERE, WE'D LIKE TO SPEAK ABOUT A NON-AGENDA ITEM, AN ITEM THAT IS NOT ON THE AGENDA.

THIS IS A CHANCE FOR YOU TO COME FORWARD AND ADDRESS THE COMMISSION.

WOULD ANYBODY LIKE TO DO THAT? SEEING NONE, WE'LL MOVE ON.

[8.A.1. 24BF-055 (22126 Kennedy Drive) Notice Of Mitigation For Disturbance Of Dunes And Dune Vegetation. Property Is Legally Described As Abstract 121, Page 15, Lot 213 Sea Isle 10th Extension, A Subdivision In The City And County Of Galveston, Texas. Applicant: Manny Castillo Property Owner: Daniel & Kelly Bracewell]

THE FIRST ITEM IS PUBLIC HEARINGS 28BF-055. HUNTER?

>> GOOD AFTERNOON PLANING COMMISSIONERS. THANK YOU FOR YOUR TIME.

THIS IS A NOTICE OF MITIGATION FOR DISTURBANCES OF DUNES AND DUNE VEGETATION.

THE ADDRESS IS 22126 KENNEDY DRIVE.

THE PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT 121, PAGE 15, LOT 213 C ISLE 10TH EXTENSION.

A SUBDIVISION IN THE CITY AND COUNTY OF GALVESTON, TEXAS.

SINGLE FAMILY DWELLINGS ARE LOCATED TO THE EAST AND WEST OF 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 STABLE.

STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR VIEWING.

FIRST, WE HAVE A FIRM AND BEG MAP SHOWING THE DISTANCE OF THE STRUCTURE FROM THE DUNE SYSTEM AND ITS POSITION RELATIVE TO THE ADJACENT PROPERTIES.

ON THE NEXT SLIDE, IS THE PROPERTY SURVEY.

ON THE RIGHT SIDE IS ZOOMED IN FOR CLARITY.

ON THE FOLLOWING SLIDE, WE HAVE THE PROPOSED SITE PLAN INCLUDING THE WALKOVER AND MITIGATION LAYOUTS.

ON THE NEXT SLIDE, NEXT IS THE SIDE VIEW OF THE WALK OVER.

PROPOSED WALKOVER IS ROUGHLY 180 FEET LONG, FOUR FEET WIDE, AND FOUR FEET ABOVE THE TALLEST DUNE CREST.

THE FOLLOWING THREE SLIDES SHOW DIFFERENT ANGLE VIEWS OF THE PROPOSED 28 SQUARE FEET MITIGATION SITE, FIRST LOOKING EAST, THEN LOOKING WEST, THEN LOOKING NORTH.

NEXT IS AN AERIAL VIEW OF THE PROPOSED WALKOVER AREA LOOKING SOUTH.

THEN FINALLY, WE HAVE THE VIEW LOOKING NORTH OF THE PROPOSED WALKOVER.

AS A REMINDER, THIS ITEM IS ONLY FOR PUBLIC COMMENT.

NO ACTION BY COMMISSIONERS IS REQUIRED.

WITH THAT, THIS CONCLUDES STAFF'S REPORT, AND I THANK YOU FOR YOUR TIME.

>> THANK YOU, HUNTER. ANY QUESTIONS FOR STAFF? SEEING NONE, WE WILL OPEN THE PUBLIC HEARING FOR THIS CASE.

IS THERE ANYONE HERE WOULD LIKE TO SPEAK ABOUT ON THIS CASE?

[00:05:05]

>> YES, SIR.

>> [INAUDIBLE]

>> SURE, WHY WON'T YOU COME FORWARD, SIGN IN, TELL US YOUR NAME.

JUST CASE, I DON'T KNOW IF ANYBODY HAS ANY QUESTIONS FOR YOU, BUT WE MIGHT MAKE ONE UP. FINE. THANK YOU.

>> MY NAME IS DWAYNE [INAUDIBLE]. DO YOU ALL HAVE ANY QUESTIONS ABOUT IT? ARE YOU ARE HAPPY TO ANSWER ANY QUESTIONS OR ANYTHING?

>> CERTAINLY. SEEMS A LITTLE BIT STRAIGHTFORWARD PROJECT TO US.

>> WE PLAN TO DO A GOOD JOB.

>> YOU'VE DONE THIS BEFORE.

I THINK I'VE SEEN YOUR NAME ON ONE OF THESE BEFORE, HAVEN'T YOU? MAYBE NOT.

>> MAYBE NOT RECENTLY, BUT MY CREW SURE HAVE.

>> CERTAINLY. ANY OTHER QUESTIONS?

>> YOU'VE RECEIVED A COPY OF THE GLO LETTER AND HAVE ALL OF THE COMMENTS FROM THE GENERAL AND OFFICE?

>> YES.

>> OKAY, JUST MAKING SURE.

>> EVERYTHING THAT YOU SHOWED HERE?

>> IT'S WHAT THE GLO ASKED FOR.

>> VERY GOOD. ANY OTHER QUESTIONS FOR THE APPLICANT? SEEING NONE, THANK YOU, SIR. APPRECIATE IT.

>> THANK YOU. YOU HAVE A GOOD DAY.

>> ANYONE ELSE LIKE TO SPEAK ON THIS CASE? YES. DID YOU WANT TO SPEAK ON THIS? NO? THEN WE'LL CLOSE THE PUBLIC HEARING.

THERE'S NO ACTION REQUIRED BY COMMISSION ON THIS, JUST A PUBLIC HEARING.

WE WILL MOVE ON TO OUR NEXT ITEM, OLD BUSINESS 24P-032.

[9.A.1. 24P-032 (Adjacent To 415 E. Beach Drive) Request For A License To Use To Encroach The East Beach Drive Right-Of-Way For Placement Of A Flock License Plate Reader Camera. Adjacent Property Is Legally Described As Islander East Condo Module, In The City And County Of Galveston, Texas. Applicant: Alyssa Bolick, Flock Safety Adjacent Property Owners: Islander East Condo Easement Holder: City Of Galveston]

THIS CASE WAS DEFERRED BY THE PLANNING COMMISSION AT THE SEPTEMBER 17TH MEETING IN ORDER FOR THE APPLICANT TO BE PRESENT TO ANSWER QUESTIONS.

ON OCTOBER 7TH, THE APPLICANT REQUESTED A DEFERRAL OF THIS CASE WHILE THEY COORDINATE WITH A REPRESENTATIVE FROM THE HOA TO BE PRESENT.

HOWEVER, DUE TO RECENT STAFF FINDINGS REGARDING THE APPLICANT'S LICENSING ISSUES WITH THE STATE OF TEXAS, DEPARTMENT OF PUBLIC SAFETY AND THEIR CURRENT INABILITY TO LEGALLY OPERATE CAMERA SUCH AS THE ONE REQUESTED IN THIS LTU CASE.

THAT IS CHANGING THE PREVIOUS RECOMMENDATION FROM APPROVAL WITH CONDITIONS TO DENIAL.

ATTACHED IS THE ORIGINAL STAFF REPORT AND ARTICLE FROM THE GALVESTON COUNTY DAILY NEWS.

THAT CONCLUDES STAFF REPORT.

ALL RIGHT. THANK YOU, ADRIEL.

ANY QUESTIONS FOR STAFF? I HAVE ONE FOR YOU, ADRIEL.

IN THE PACKET, YOU HAD A COPY OF THE NEWSPAPER ARTICLE THAT TALKED ABOUT THE LICENSING ISSUES THAT THE CAMERA COMPANY WAS HAVING.

DO WE KNOW THAT TO BE A FACT OTHER THAN THE NEWS WE GOT FROM THE PAPER? I'M ASKING THE QUESTION.

I'M JUST ASKING WHERE WOULD WE BE BASING OUR DECISION ON A NEWSPAPER ARTICLE IF IN FACT THEY DID NOT HAVE A LICENSE.

I'M JUST TRYING TO FIND OUT IF WE KNOW FOR CERTAIN IF WE'VE DONE ANYTHING OTHER THAN SEEN IT IN THE NEWSPAPER.

>> I DO BELIEVE THE CITY DID RECEIVE A COPY OF THE LETTER FROM UPS.

>> THANK YOU.THAT'S ALL I HAD. ANYBODY ELSE? YES, SIR.

>> DIDN'T WE HAVE A COUPLE LICENSE ALREADY APPROVED IN THE CITY FOR THIS.

IS THIS THE ONLY ONE?

>> WELL, THOSE WERE PRIVATE PROPERTY.

WE HAVE SOME IN THE CITY, BUT HOWEVER, THEIR OWN PRIVATE PROPERTY IT WASN'T THROUGH AN ISSUANCE OF AN LTU.

>> DO THOSE PARTICULAR CAMERAS FACE THE STREET AT ANY WAY THAT COULD COULD HAVE PRIVACY ISSUES? I DON'T KNOW IF YOU KNOW FOR SURE, BUT DO YOU KNOW WHETHER OR NOT THOSE CAMERAS HAVE PRIVACY ISSUES AS WELL?

>> I DON'T KNOW BUT IF THERE'S SOME PRIVACY CONCERNS, THAT IS SOMETHING THAT THE STATE IS OBVIOUSLY TAKING UP.

>> OKAY, THANK YOU.

>> YES, TOM.

>> HYPOTHETICALLY, IF THE VENDOR WERE TO GET THAT LICENSE AND IT'S ALL IN CORRECT ORDER, WOULD THEY BE ABLE TO BRING THIS BACK TO THE COMMISSION?

>> YEAH, THEY COULD BRING IT BACK.

>> ANY OTHER QUESTIONS? ALL RIGHT.

THEN WE'LL OPEN THIS UP FOR THE PUBLIC HEARING.

IS THE APPLICANT PRESENT? NONE IS THERE.

ANYBODY HERE YOU'D LIKE TO SPEAK ON THIS ITEM? YES, SIR.

PLEASE COME FORWARD. YES, MA'AM.

I'M SORRY. IF YOU DON'T MIND, PLEASE COME FORWARD, STATE YOUR NAME.

>> I DON'T KNOW [INAUDIBLE].

>> WE'RE ON THE CAMERA ITEM. THANK YOU.

SORRY ABOUT THAT. ANYBODY ELSE LIKE TO SPEAK ON THIS? THEN WE WILL BRING IT BACK TO COMMISSION FOR ACTION.

[00:10:05]

>> THE MOTION THAT WE DENY 24P-032 BASED ON STAFF RECOMMENDATION.

>> WE HAVE A MOTION IN A SECOND.

IS THERE ANY DISCUSSION? I JUST HAVE ONE COMMENT.

I WOULD SAY THAT THESE CAMERAS ARE IN OTHER PARTS OF THE COMMUNITY.

THIS IS AN APPLICATION FOR AN LTU.

WHAT I PARTICULARLY DIDN'T LIKE ABOUT THIS IS THAT THE APPLICATION SEEMS TO BE FROM THE CAMERA COMPANY AND GRANTING LTU TO THIRD PARTIES TO ADJACENT PROPERTY, I THINK IS JUST IN GENERAL, NOT A GOOD IDEA.

BUT IF THE CONDO ASSOCIATION WOULD DECIDE TO BRING AN APPLICATION FORWARD, I THINK WE SHOULD CONSIDER THAT WHERE THEY WOULD BE THE ADJACENT PROPERTY OWNER.

THERE'S ANOTHER BUNCH OF ITEMS, ISSUES THAT I KNOW WE HAVE REGARDING PRIVACY.

BUT I JUST WANT TO MAKE THE COMMENT THAT WHAT I PARTICULARLY DON'T LIKE ABOUT THIS IS WE WOULD BE GRANTING AN LTU TO AN UNRELATED THIRD PARTY TO THE ADJACENT PROPERTY, WHICH IS SOMETHING I'M NOT AWARE WE'VE EVER DONE BEFORE.

>> WELL, IF I MAY CLARIFY, WE SEE IT ALL THE TIME.

WE HAVE APPLICANTS FROM CONSTRUCTION COMPANIES REPRESENT ME BEING THE APPLICANT ON LTU FOR ADJACENT PROPERTY OWNERS.

THAT HAPPENS ALL THE TIME.

THE LICENSEE WOULD STILL BE THE ADJACENT PROPERTY OWNER.

>> IN THIS PARTICULAR CASE, IT WAS THE ADJACENT PROPERTY?

>> YEAH, THEY HAD TO GET THE PERMISSION OF THE ADJACENT PROPERTY OWNER TO SUBMIT THIS APPLICATION.

WE WOULDN'T HAVE TAKEN THE APPLICATION IN OTHERWISE.

>> OKAY, SO THE ONLY WAY THAT WE CAN DO THAT, THE APPLICATION, THE ADJACENT PROPERTY OWNER IS IN THE MIX?

>> CORRECT.

>> I WASN'T AWARE OF THAT.

>> WOULDN'T WE WOULDN'T ACCEPT THE APPLICATION OTHERWISE.

>> I APPRECIATE THAT, CLEARING THAT UP.

THAT'S THE ONLY COMMENT I HAD.

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

THOSE IN FAVOR OF DENIAL.

THAT'S UNANIMOUS? MOVING ON TO NEW BUSINESS 24P-037.

[10.A.1. 24P-037 (101 14th Street, 1405-1415 Harborside Drive) Request For A Planned Unit Development (PUD) Overlay District For A “Restaurant, Drive-In/Through” And “Electric Vehicle Charging Station”. Properties Are Legally Described As M.B. Menard Survey, Lots 4, 5, 6, And The North 70 Feet Of Lot 7 (7-1), Block 674, In The City And County Of Galveston, Texas. Applicant: Michael Gaertner Property Owner: Christopher And Kathleen Frederickson]

>> THIS IS 101 14TH STREET, 1405 THROUGH 1415 HARBORSIDE DRIVE.

IT'S A REQUEST FOR A PLANNED UNIT DEVELOPMENT.

NINETEEN NOTICES WERE SENT, FIVE RETURNED, THOSE FIVE IN OPPOSITION.

THERE'S ONE ADDITIONAL FROM THE PUBLIC COMMENT REPORT THAT WAS SENT TO YOU EARLIER.

CITY DEPARTMENT NOTIFICATIONS, NO OBJECTION WITH COMMENT FROM PUBLIC WORKS.

THE COMMENT WAS INCLUDED AS EXHIBIT B.

NO OBJECTION FROM THE PRIVATE UTILITIES.

THIS IS A REQUEST FOR A PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT TO ESTABLISH A RESTAURANT DRIVE-THROUGH AND ELECTRIC VEHICLE CHARGING STATION LAND USES IN THE CENTRAL BUSINESS ZONING DISTRICT.

THE PURPOSE OF THE PUD IS TO ALLOW FOR THE LAND USE OF RESTAURANT DRIVE-THROUGH, WHICH IS NOT PERMITTED IN CENTRAL BUSINESS TO DEVIATE FROM THE MINIMUM DISTANCE REQUIREMENT FROM SINGLE FAMILY RESIDENTIAL STIPULATED IN SECTION 2.3-6.5 OF THE LAND DEVELOPMENT REGULATIONS.

THE REQUIREMENT IS THAT AN ELECTRIC VEHICLE CHARGING STATION LAND USE BE LOCATED AT LEAST 200 FEET FROM RESIDENTIAL USE OR RESIDENTIAL ZONING BOUNDARY.

THE LOCATION OF THE PROPOSED ELECTRIC VEHICLE CHARGING STATION IS LOCATED ADJACENT TO RESIDENTIAL USES AT 1701 AND 111 14TH STREET.

PRODUCTION IN THE NUMBER STACKING SPACES 8-7, ELIMINATION OF THE LANDSCAPING REQUIREMENT ALONG HARBORSIDE DRIVE, AND ELIMINATION OF THE INTERIOR LANDSCAPING REQUIREMENT.

PLEASE NOTE THE CRITERIA FOR APPROVAL IN YOUR STAFF REPORT, STAFF RECOMMENDATION.

STAFF FINDS THE PROPOSED PUD REQUEST DOES NOT CONFORM TO THE CRITERIA FOR APPROVAL.

THE USES AND CHARACTER OF DEVELOPMENT THAT IS PROPOSED ARE NOT COMPATIBLE WITH THE PROPERTIES IN THE IMMEDIATE VICINITY OF THE SUBJECT PROPERTY.

DEVELOPMENT WITHIN THE CENTRAL BUSINESS ZONING DISTRICT SHOULD BE DENSE, MIXED USED, AND ORIENTED TO THE PEDESTRIAN.

THE PROPOSED DEVELOPMENT IS CAR-CENTRIC WITH A DRIVE-THROUGH RESTAURANT AND ELECTRICAL VEHICLE CHARGING STATION.

THE LAND USE OF RESTAURANT DRIVE-THROUGH IS PROHIBITED IN THE CENTRAL BUSINESS ZONING DISTRICT, WHILE RESTAURANT, NO DRIVE-THROUGH IS PERMITTED BY RIGHT.

IT'S CLEAR FROM THAT DISTINCTION THAT THE RESTAURANT DRIVE-THROUGH IS NOT AN APPROPRIATE LAND USE FOR THE CENTRAL BUSINESS ZONING DISTRICT.

THE LAND USE OF ELECTRIC VEHICLE CHARGING STATION IS ALLOWED IN THE CENTRAL BUSINESS ZONING DISTRICT AS A LIMITED USE.

LIMITED USES ARE PERMITTED PROVIDED THE ASSOCIATED LIMITED STANDARDS ARE MET.

IN THE CASE OF ELECTRIC VEHICLE CHARGING STATION, THERE'S ONLY ONE LIMITED STANDARD, AND THAT IS REGARDING THE DISTANCE FROM RESIDENTIAL.

THE REQUEST IS TO REMOVE THIS STANDARD AND ALLOW FOR THE USE TO BE LOCATED DIRECTLY ADJACENT TO RESIDENTIAL USES AND WITHIN 200 FEET OF THE RESIDENTIAL USES LOCATED AT 14:08, 1410, AND 1414 STRAND.

LIMITED STANDARD IS INTENDED TO PROTECT RESIDENTIAL USES FROM THE POTENTIAL NEGATIVE IMPACTS OF THE CHARGING STATION.

[00:15:01]

ADDITIONALLY, THE APPLICANT IS REQUESTING DEVIATIONS FROM THE LANDSCAPING REGULATIONS THAT ARE INTENDED DISCRETE AUTO RELATED USES FROM THE PUBLIC.

THE APPLICANT IS ALSO REQUESTING A REDUCTION IN THE NUMBER OF STACKING SPACES FOR THE PROPOSED DRIVE-THROUGH 7-8.

STACKING SPACES REFER TO THE AREA WHERE VEHICLES WAIT TO LINE UP WHILE WAITING FOR SERVICES AT A DRIVE-THROUGH.

THE INTENT OF STACKING SPACES IS TO ENSURE THAT WAITING VEHICLES DO NOT BLOCK SIDEWALKS AND PREVENT VEHICLES FROM SPILLING OUT ONTO ADJACENT ROADWAYS.

DUE TO NON-CONFORMANCE WITH THE CRITERIA FOR APPROVAL, STAFF RECOMMENDS THE CASE BE DENIED.

IF THE COUNCIL AND THE PLANNING COMMISSION FIND THE REQUEST CONFORM TO THE CRITERIA OF APPROVAL AND GRANTS THE PUD, STAFF HAS PROVIDED THE FOLLOWING COMMENTS, WHICH ARE ALSO INCLUDED AS EXHIBIT B.

PUBLIC COMMENTS FROM THE PUBLIC WORKS DEPARTMENT AND COMMENTS FROM THE HISTORIC PRESERVATION OFFICER AND THEN WE ARE RECOMMENDING IF THE COMMISSION DECIDES TO RECOMMEND APPROVAL, SPECIFIC CONDITIONS 1-9, AND STANDARD CONDITIONS 1-8 AND THEN STANDARD CONDITIONS 9-11.

THE COUNCIL IS THE FINAL DECISION REGARDING PUD REQUESTS.

THE COUNCIL WILL HEAR THIS PUD ON OCTOBER 24, 2024. WE HAVE SOME PICTURES.

THIS IS THE SUBJECT PROPERTY.

THIS IS THE PROPERTY ON 14TH STREET.

THEN THE ADDITIONAL PROPERTIES IN THE 1400 BLOCK OF HARBORSIDE.

ANOTHER PICTURE OF THOSE PROPERTIES.

THESE ARE THE SURROUNDING RESIDENTIAL USES THAT ARE LOCATED ON 14TH STREET AND ON STRAND, AND THEN THESE ARE THE SURROUNDING PROPERTIES TO THE NORTH AND EAST, AND THEN SURROUNDING PROPERTIES TO THE SOUTH AND WEST.

THEN WE HAVE A LAYOUT OF THE PROPOSED PUD FROM THE APPLICANT.

THAT CONCLUDES STAFF'S REPORT.

>> THANK YOU, CATHERINE. ANY QUESTIONS FOR STAFF?

>> YES.

>> PLEASE, JOHN.

>> WHERE DOES THE CB DISTRICT WHEN YOU'RE GOING EAST?

>> IT ENDS AT 14TH STREET.

>> AT 14TH.

>> WHAT ABOUT HARBOR SIDE ON THE OTHER SIDE OF HARBOR SIDE?

>> ON THE OTHER SIDE OF THE HARBOR SIDE, IT IS A DIFFERENT ZONING DISTRICT AS WELL.

>> OKAY.

>> ANY OTHER QUESTIONS FOR STAFF? SEEING NONE, WE WILL OPEN THE PUBLIC HEARING.

IS THE APPLICANT PRESENT? YES, SIR.

>> GOOD AFTERNOON. I'M MICHAEL GARTNER. NICE TO SEE YOU ALL.

WELCOME, NEW MEMBER. THANK YOU FOR VOLUNTEERING TO SERVE IN THIS CAPACITY.

I KNOW IT'S CHALLENGING AND I HOPE YOU'LL FIND IT REWARDING.

BEFORE I START, I HAVE TWO CASES BEFORE PLANNING COMMISSION TODAY AND I WANT TO MAKE A COUPLE OF REMARKS, BUT I JUST WANT TO SAY IT ONCE, SO I'M NOT GOING TO REPEAT MYSELF WHEN WE COME TO THE NEXT CASE.

JUST DOODLE THIS DOWN TO THE FOLLOWING CASE.

BUT JUST GENERALLY SPEAKING, NO ONE COULD HAVE PREDICTED IN 2009, 2015 WHAT WE WOULD BE SEEING AT 14TH AND HARBORSIDE DRIVE.

ROYAL CARIBBEAN CRUISE LINE WITH SOMETHING LIKE 630,000 PASSENGERS A YEAR DEPARTING ON CRUISE SHIPS, IT'S A PRETTY PHENOMENAL THING.

ALSO, THE CONSTRUCTION OF THE NEW JENNIE SEALY HOSPITAL, $600 MILLION FACILITY THAT UTMB HAS BUILT.

WE'VE SEEN A LOT OF CHANGES IN GALVESTON SINCE THE LAND DEVELOPMENT REGULATIONS WERE FIRST STARTED, AND SINCE THEY WERE MORE OR LESS PUT IN PLACE IN 2015.

THEY HAVE BEEN AMENDED FROM TIME TO TIME, BUT WE HAVE A LOT OF FUNDAMENTAL CHANGES IN GALVESTON THAT HAVE HAPPENED OVER THE YEARS WITH RESPECT TO THE PORT OF GALVESTON, THE CRUISE SHIP INDUSTRY, THE EXPANSION OF THE MEDICAL SCHOOL, THE UNPRECEDENTED GROWTH IN SHORT-TERM RENTALS AND AND ME ALMOST DIZZYING AMOUNT OF GROWTH THAT WE'VE SEEN ON THE WEST END OF THE ISLAND.

FOR ONE REASON OR ANOTHER, THE LAND DEVELOPMENT REGULATIONS HAVE REALLY NOT BEEN SIGNIFICANTLY CHANGED TO REFLECT THIS KIND OF GROWTH.

HERE WE HAVE A SPOT THAT IS RIGHT ACROSS THE STREET FROM A HEAVY INDUSTRIAL ZONING DISTRICT.

IT HAS HUNDREDS OF THOUSANDS OF CARS COMING TO GO ON CRUISE SHIPS.

I'M DONE WITH THE GENERAL PART NOW.

I'M INTO THE SPECIFICS OF THIS CASE.

ANYWAY, WE THINK THAT THERE'S AN OPPORTUNITY HERE TO DO SOME THINGS THAT ARE PRETTY GOOD FOR GALVESTON.

IF YOU LOOK AT THE COMPREHENSIVE PLAN,

[00:20:03]

IT TALKS ABOUT MAKING GALVESTON, IT'S IN THE SECTION ON TRANSPORTATION AND MOBILITY, IT ENCOURAGES THE DEVELOPMENT OF ELECTRIC VEHICLE INFRASTRUCTURE TO REDUCE THE CITY'S CARBON FOOTPRINT AND IMPROVE AIR QUALITY.

WHERE DO YOU WANT THAT? YOU WANT IT IN HIGH TRAFFIC AREAS.

THIS IS A HIGH TRAFFIC AREA.

WE'RE PLANNING TO DO COVERED PARKING, SO IT MAKES IT EVEN MORE ATTRACTIVE.

WE'RE ALSO PLANNING TO ALLOW PEOPLE TO MAKE RESERVATIONS SO THAT YOU DON'T COME TO GALVESTON IN YOUR EV WONDERING IF YOU'RE GOING TO BE ABLE TO GET CHARGED BEFORE YOU GO BACK HOME OR NOT.

THIS IS STRATEGICALLY LOCATED.

IT CAN SERVE RESIDENTS.

NOT EVERY APARTMENT PROJECT OR SINGLE FAMILY HOME HAS ELECTRICAL VEHICLE CHARGING CAPACITY.

IT CAN SERVE PATIENTS WHO ARE COMING TO THE PORT OF GALVESTON, IT CAN SERVE THE CRUISE SHIP PASSENGERS.

AS EV ADOPTION GROWS, THE ABILITY TO BE ABLE TO RESERVE A CHARGING STATION ENSURES CONVENIENCE, ALLOWING PEOPLE TO KNOW THAT THEY'RE GOING TO BE ABLE TO CHARGE THEIR VEHICLE AND GET BACK HOME.

THE NOBILITY DRIVE THROUGH AND PATIO OFFER A SOCIAL BENEFIT TO OUR COMMUNITY BY PROVIDING A RELAXING OUTDOOR SPACE FOR VISITORS AND RESIDENTS ALIKE.

IT'S GOING TO HAVE WALK UP SERVICE.

PEOPLE WHO WANT TO BE OUT AND ABOUT, EITHER ON FOOT OR BICYCLE OR WHATEVER CAN USE IT.

IT WILL PROMOTE WALKABILITY IN A PEDESTRIAN FRIENDLY ENVIRONMENT, AS DISCUSSED IN THE COMPREHENSIVE PLAN CHAPTER 5 UNDER NEIGHBORHOODS AND HOUSING.

THE PATIO AREA CAN BE A GATHERING SPOT FOR LOCALS, VISITORS, UTMB STAFF.

IF YOU LOOK MANY YEARS AGO, WE DID A VISUAL PREFERENCE SURVEY IN THE CITY OF HOUSTON.

WE SHOWED CITIZENS OF HOUSTON DIFFERENT IMAGES.

THE IMAGE THAT THEY LIKED THE MOST OF ALL THE IMAGES THAT THEY SAW WAS THE OUTDOOR SITTING AREA OUTSIDE OF A CAFE RESTAURANT, SOMETHING LIKE THAT.

THAT WAS THE NUMBER ONE THING PEOPLE LIKE TO SEE.

WE'VE GONE A LONG WAY TOWARDS MAKING THAT SOMETHING THAT WE SEE MORE AND MORE OF IN THE STRAND AND OTHER AREAS.

IT'S SOMETHING THAT WE SHOULD TRY TO ENCOURAGE.

FINALLY, I'M GOING TO SAY FROM AN ECONOMIC STANDPOINT, IT CREATES JOBS, IT STIMULATES THE LOCAL ECONOMY AND COMMERCE, IT SUPPORTS THE TOURISM SECTOR.

THE CHARGING STATION AND A REFRESHING STOP LIKE NOBILITY IS A DRAW FOR CRUISE SHIP PASSENGERS, EMPLOYEES, AND LOCAL RESIDENTS.

THIS IS A CRITICAL PIECE OF INFRASTRUCTURE THAT I THINK IS STRATEGICALLY LOCATED IN THE VICINITY OF WHERE IT NEEDS TO BE.

THE SMALL DRIVE-THROUGH WITH THE T SHOP HAS PROVISIONS FOR WALK UP CUSTOMERS AND ADDS VALUE TO THE SURROUNDING NEIGHBORHOOD, AND I WOULD URGE YOU TO SUPPORT THIS PROPOSED PROJECT.

I'LL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE ABOUT THE PROJECT.

>> CERTAINLY, PLEASE.

>> YOU MENTIONED HUNDREDS OF THOUSANDS OF CRUISE SHIP PASSENGERS AT ROYAL CARIBBEAN.

HAVE YOU READ THE COMMENTS FROM THE DIRECTOR OF INFRASTRUCTURE AND ENGINEERING WITH THE CITY OF GALVESTON? IT SAYS, I HAVE A CONCERN OVER THE PLACEMENT OF THE DRIVEWAY SHOWN ON THE SITE PLAN AND THE PROXIMITY OF THE TRAFFIC SIGNALS AT 14TH AND HARBORSIDE.

THE ENTRANCE ON HARBORSIDE IS RIGHT IN THE MIDDLE OF THE LEFT TURN LANE TO THE ACCESS TO THE ROYAL CRUISE TERMINAL, WHICH YOU MENTIONED WITH ALL THE TRAFFIC.

HE BELIEVES THAT SOME FORM OF TRAFFIC DETERRENT WOULD NEED TO BE IN PLACE AND A TRAFFIC IMPACT STUDY.

HOW ARE YOU GOING TO ADDRESS THAT?

>> HARBORSIDE DRIVE IS A STATE HIGHWAY AND IT'S STATE HIGHWAY 275 UNDER THE [INAUDIBLE] OF TEXAS DEPARTMENT OF TRANSPORTATION, BEEN IN TOUCH WITH THE DEPARTMENT OF TRANSPORTATION AND SPOKEN TO THEM ABOUT IT.

THEIR INITIAL RESPONSE WAS THAT IT DOES NOT REQUIRE TRAFFIC IMPACT ANALYSIS BECAUSE IT'S TOO SMALL TO HAVE AN IMPACT ON THE TRAFFIC.

BUT THEY SAID THAT I COULD SEND THEM MORE INFORMATION AND THEY WOULD DO A MORE CAREFUL ANALYSIS AND SEND ME BACK A LETTER STATING IF THEY NEEDED A TIA OR NOT.

THERE ARE TWO THINGS THAT MR. WEINACKEE MENTIONED ONE IS THE TRAFFIC IMPACT, SO BASED ON THE CAPACITY OF HARBORSIDE DRIVE AND THE AMOUNT OF TRAFFIC GENERATED AT THIS LOCATION, IT WOULD BE LESS THAN A 2% IMPACT ON THE CAPACITY OF THAT STREET, WHICH IS ALMOST DONE WITH RESPECT TO THE LEVEL OF SERVICE, WITH THE TRAFFIC LIGHT, LEVEL OF SERVICE IS GRADED LIKE GRADES YOU GET IN SCHOOL FROM A TO F. RIGHT NOW,

[00:25:08]

TXDOT WOULD CONSIDER THE TRAFFIC SIGNAL THERE TO BE A, B, MAYBE A- OR B+ IN TERMS OF ITS LEVEL OF SERVICE, AND THERE WOULD LIKELY BE NO CHANGE IN THAT BASED ON THE NUMBER OF CARS THAT WE WOULD BE HAVING THERE.

I DO THINK THAT THE POSSIBILITY OF EASTBOUND TRAFFIC TRYING TO MAKE A LEFT TURN ACROSS TWO LANES OF TRAFFIC IN A TURNING LANE TO GET INTO THIS DRIVEWAY COULD BE PROBLEMATIC, AND WE WOULD PROPOSE FLEXIBLE BOLLARDS IN THE DOUBLE YELLOW STRIPE ALONG THERE TO PREVENT PEOPLE WHO ARE WESTBOUND FROM MAKING A LEFT TURN INTO THE DRIVE THROUGH.

THAT WOULD ELIMINATE THAT AS A POSSIBLE HAZARD.

>> IS THAT INCLUDED IN YOUR PLAN?

>> IT'S NOT BECAUSE WE APPLIED A LONG TIME AGO.

WE ONLY GOT THIS COMMENT A FEW DAYS AGO.

BUT I HAD ALREADY BEEN IN TOUCH WITH TXDOT TO GET THEIR COMMENTS ON IT.

>> ANY OTHER QUESTIONS?

>> I'M CURIOUS ABOUT THE 41 CHARGING STATIONS.

>> YES.

>> WHAT IS THE ANTICIPATED TURNOVER ON THAT? HOW MANY PEOPLE ARE GOING TO BE COMING AND GOING HOW LONG? WHAT'S THE AVERAGE CHARGE TIME? DO YOU HAVE ANY INFORMATION ON THAT?

>> I'M CLUELESS. THERE ARE SO MANY DIFFERENT KINDS OF CHARGING SCENARIOS FROM SUPER CHARGERS TO DESTINATION CHARGERS.

I DON'T KNOW THAT I CAN REALLY SPEAK TO THAT AT THIS POINT.

I WOULD SAY THAT THAT REMAINS TO BE SEEN HOW THAT'S GOING TO HAPPEN.

BUT GENERALLY SPEAKING, MY UNDERSTANDING IS THAT THESE WOULD BE DESTINATION CHARGES WHERE A SIGNIFICANT CHARGE TAKES AT LEAST SEVERAL HOURS.

>> THAT'S OF COURSE, AVAILABLE 24/7, I WOULD ASSUME?

>> YES, SIR.

>> HAVE THERE BEEN ANY DISCUSSIONS ON THE HOURS OF THE T SHOP? HOURS OF OPERATION.

>> YOU'VE GOT TO SHIFT CHANGE AT UTMB AT SEVEN.

I IMAGINE THEY'D WANT TO OPEN IN TIME FOR THAT, SAY ABOUT 6:00 OR 6:30.

THEY'RE PROBABLY GOING TO CLOSE ABOUT NINE O'CLOCK AT NIGHT OR SO.

>> THANK YOU.

>> ANY OTHER QUESTION? YES, PLEASE, TOM.

>> I SEE THAT THERE'S SOME HOUSES THERE ON THE PROPERTY ALREADY.

DO YOU KNOW THE STATUS OF THOSE? ARE THOSE OCCUPIED?

>> THOSE HOUSES HAVE BEEN VACANT FOR A LONG TIME.

WELL, FIRST, LET ME START WITH THE CORNER 101 14TH STREET, USED TO BE LEON'S BARBECUE, AND WHEN HE MOVED OVER ONTO BROADWAY, THAT WAS LEFT AND CHRIS AND KATHY FREDRICKSON BOUGHT IT.

THEY'VE BEEN USING IT AS A RESEARCH LAB.

HE'S A SCIENTIST, AND SO THAT'S BEEN THEIR RESEARCH FACILITY THERE.

THEN THEY ALSO OWNED THE HOUSES.

SINCE I'M GOING TO SAY, I MAY BE WRONG ABOUT THIS.

MAYBE I BETTER NOT SAY.

FOR QUITE SOME TIME, THE HOUSES HAVE BEEN VACANT AND THEY'VE HAD A HARD TIME GETTING PEOPLE INTO THE HOUSES BECAUSE OF THE VOLUME OF TRAFFIC AND THE NOISE ON HARBORSIDE DRIVE.

THEY'VE PRETTY MUCH DECIDED THAT THAT ENVIRONMENT IS NOT CONDUCIVE FOR FAMILIES TO LIVE IN.

THE HOUSES ARE NOT IN REALLY GOOD REPAIR.

I'VE LOOKED INTO THE POSSIBILITY OF HAVING THE HOUSES MOVED.

GHF IS THE GROUP HERE THAT USUALLY MOVES HISTORIC HOUSES, AND THERE IS NO POSSIBILITY THAT THESE HOUSES COULD BE MOVED AND SAVED.

NOW WE'RE EXAMINING WHETHER THEY CAN BE DECONSTRUCTED AND SOME OF THE MATERIALS TAKEN TO THE SALVAGE WAREHOUSE FOR REUSE.

>> THEN I SEE THAT THERE'S TWO EXITS ONTO THE ALLEY THERE.

ONE OF THE THINGS THEY MENTIONED IN THE REPORT IS THAT THAT WOULD PROBABLY NEED TO BE PAVED.

>> YES, IT WOULD.

>> FROM WHAT I UNDERSTAND, WHEN YOU PAVE AN ALLEY LIKE THAT, THEY'RE NOT REALLY SET UP TO BE PAVED, SO THERE'S DRAINAGE ISSUES.

>> THIS ALLEY WAS PREVIOUSLY PAVED.

>> GOT YOU.

>> WHAT WE'D BE DOING IS WE WOULD BE BASICALLY FILLING IN THE POTHOLES, PREPPING IT AND OVERLAYING IT.

>> THANK YOU.

>> ANYBODY ELSE?

>> I HAVE A FEW. WHAT ABOUT LANDSCAPING? BECAUSE YOUR REQUEST IS BASICALLY TO DO NO LANDSCAPING.

[00:30:06]

NONE ON HARBORSIDE AND NONE ON THE INTERIOR.

WHAT DO YOU GOT FOR ME THERE?

>> WELL THAT'S OBVIOUSLY OUR REQUEST.

THERE'S NOT A LOT OF SPACE ALONG HARBORSIDE BECAUSE WHEN HARBORSIDE WAS WIDENED, ALL THAT'S LEFT OF THE RIGHT OF WAY IS FIVE FEET, AND WE WANT TO PUT A FIVE FOOT SIDEWALK THERE.

THEN WE WANT TO DO COVERED PARKING.

I DON'T KNOW THAT WE'RE GOING TO BE ABLE TO GROW LANDSCAPE MATERIALS UNDER A ROOF.

THAT IS AT LEAST A CONSIDERATION.

BUT IF THAT WERE TO BE A CONDITION OF APPROVAL, I'M SURE WE COULD WORK SOME LANDSCAPING INTO THE PLAN.

IT'D BE AT THE LOSS OF PARKING.

>> IT WOULD BE. IN LANDSCAPING, THOUGH, YOU'RE TELLING ME THE RIGHT OF WAY IS NARROWER.

MOST, IF NOT ALL THE TIME, LANDSCAPING WOULD BE NOT JUST IN THE RIGHT OF WAY BUT ON THE PRIVATE PROPERTY AS WELL.

IT DOESN'T LOOK LIKE ANY CONSIDERATION HAS BEEN MADE FOR LANDSCAPING ON THE HARBORSIDE.

I'LL JUST COMMENT THIS AREA, YOUR COMMENTS TO BEGIN WITH AND THAT IT'S CHANGING.

I THINK ALL OF US UP HERE, WE UNDERSTAND THAT.

THE FIRST THING FOR ME IS, IF WE'RE GOING TO SEE SOME CHANGE, I DON'T THINK WE WANT TO SEE SOMETHING WITHOUT LANDSCAPING.

I'M SPEAKING JUST FOR MYSELF.

BUT THAT WAS THE FIRST THING THAT I SAW.

>> COULD WE DO THEM ONE AT A TIME? CAN I RESPOND TO THAT?

>> SURE.

>> THANK YOU. IT VERY MUCH IS THE NORM ALONG HARBORSIDE DRIVE, THAT THERE IS NO LANDSCAPING ALONG THE PARKING LOTS.

YOU LOOK ON EITHER SIDE OF THE STREET DRIVING DOWN THE STREET, THERE JUST ISN'T VERY MUCH IN THE WAY OF LANDSCAPING.

CERTAINLY NONE AROUND THIS PROPERTY BETWEEN THE STREET AND THE PARKING LOT.

BUT THAT WOULD BE SOMETHING THAT, IF YOU ATTACHED THAT AS A CONDITION, WE WOULD CERTAINLY TAKE THAT IN.

>> UNDERSTOOD.

>> THEN YOU'VE ADDRESSED THE ISSUE ABOUT THE BUILDINGS BECAUSE, AGAIN, YOU'RE ABUTTING THE PROPERTY LINES.

FROM WHAT I'M LOOKING AT, IT APPEARS THAT THIS IS RIGHT NEXT DOOR TO A VERY WELL KNOWN LANDMARK IN THE COMMUNITY, OR AT LEAST I THINK IT IS, AND I'M A PIRATE FAN.

ON A PERSONAL LEVEL, YOU'RE PUTTING COVERED PARKING RIGHT NEXT TO, WELL, IT IS A HISTORICAL SITE.

ANYWAY, I'M A LITTLE CONCERNED WITH THAT.

COUPLED WITH, TO BE HONEST WITH YOU, I LOOK AT THIS AND GO, THIS GUY'S PLAN IS, I'M GOING TO DO COVERED EV CRUISE PARKING.

BECAUSE HE'S GOT 40 SPOTS HERE, IS THE IDEA TO HAVE PARKING FOR PEOPLE TO COME TO CHARGE THEIR CARS AND LEAVE OR IS THIS CRUISE PARKING?

>> SO FAR AS ALL OF THE DISCUSSIONS THAT I'VE HAD, ANYONE WHO WANTS TO MAKE A RESERVATION CAN COME AND PARK HERE AND CHARGE THEIR CAR.

>> FOR AS LONG AS THEY'D LIKE?

>> THAT'S MY UNDERSTANDING.

>> NOT TO SAY THAT'S GOOD, BAD OR INDIFFERENT.

THAT WOULD BE HIS BUSINESS DECISION.

>> I DON'T THINK GENERALLY IT'S A GOOD IDEA TO LEAVE YOUR CAR ON A CHARGER FOR AN EXTENDED PERIOD OF TIME.

>> I DON'T KNOW THE INTRICACIES OF THAT.

>> MENTION THE TRAFFIC, AND LOOK, I GET IT.

THERE'S SOME OTHER ZONING CHANGES IN HERE, BUT KEEP IN MIND YOU'RE ASKING FOR A PUD.

THE NICE THING ABOUT PUDS IS, AND I'LL REMIND OUR COMMISSIONERS THAT AS THE COMMISSION, WE GET SOME INPUT ON A PUD REQUEST, WHEREAS IF HIS REQUEST WAS SPECIFICALLY FOR THOSE USES PERMITTED, YOU COME FORWARD AND OUR INPUT IN THAT IS NEGLIGIBLE.

>> WE HAD APPLIED FOR A CHANGE OF ZONING.

IT WOULD JUST BE A CHANGE OF ZONING AND ANY USE THAT WAS ALLOWED UNDER THAT NEW ZONING WOULD BE ALLOWED WITH NO NEGOTIATION OR INPUT OR RECOMMENDATION, SO WE WORKED PRETTY CLOSELY WITH STAFF TO DETERMINE THAT THE BEST WAY TO PROCEED WITH THIS WAS TO APPLY FOR WHAT WOULD BE IN OUR MIND,

[00:35:06]

THE MOST DESIRABLE OUTCOME AND BE PREPARED FOR SOME CONDITIONS.

>> AGAIN, I'M SPEAKING JUST FOR MYSELF, AND YOU GOT TO REMEMBER, YOU STILL HAVE A RESIDENTIAL ELEMENT TO YOU TO THE NORTH HERE.

THERE'S NOT RESIDENTIAL HOUSES ON THE OTHER SIDE OF THE ALLEY? I THOUGHT THOSE WERE HOUSES OVER THERE.

>> TO THE NORTH OF US IS THE PORT OF GALVESTON.

>> I'M SORRY, I MEANT TO THE SOUTH.

I'M SORRY. I STAND CORRECTED.

>> YES.

>> YOU STILL HAVE THAT TO DEAL WITH AS WELL.

THERE'S SOME LIGHTING ISSUES, THE HOURS OF OPERATION, THE WAY THIS IS SET UP, SOMEBODY COULD COME AND GO INTO THIS PARKING LOT AT ALL HOURS OF THE NIGHT, AND YOU HAVE A RESIDENTIAL ELEMENT THAT'S ADJACENT TO IT.

YOU HAVE AN ALLEY, BUT, REALLY, YOU'RE ADJACENT TO IT.

I DON'T KNOW HOW YOU FIX THOSE PROBLEMS. I'M JUST TELLING YOU THESE ARE THINGS THAT, AND I'M ASKING YOU THIS.

I'M JUST TELLING YOU MY CONCERNS, AND I'M ASKING YOU THE QUESTION OF, "HEY, I SEE THESE, AND HOW DO YOU FIX THEM?".

>> I HAVE TO GO AT IT IN A ROUNDABOUT WAY.

FIRST OF ALL, I THINK THAT WE'RE IN A VERY TRANSITIONAL NEIGHBORHOOD AND WHEN YOU HAVE LARGE HEAVY USES LIKE THE CRUISE SHIP TERMINAL, THOSE ARE NOT EXACTLY COMPATIBLE WITH RESIDENTIAL USES.

WE SEE THESE KINDS OF THINGS VERY COMMONLY ON BROADWAY AND SOME OF OUR OTHER MAJOR THOROUGHFARES WHERE YOU'VE GOT FRONT FACING BUSINESSES, AND RIGHT ACROSS THE ALLEY, YOU'VE GOT RESIDENTIAL.

IN A SMALL TOWN WITH LIMITED AMOUNT OF LAND, IT'S GOING TO BE COMMON.

BUT IT'S NOT UNUSUAL FOR THIS LOCATION OR OTHER LOCATIONS IN GALVESTON.

I THINK IN TERMS OF INTENSITY OF USE, THAT THIS IS A RELATIVELY LOW INTENSITY OF USE AND THAT WE'RE PLANNING ON KEEPING THE COVERINGS DOWN LOW WITH SOLID WALL ON THE SIDE NOT ALL THE WAY DOWN BUT ABOUT TO THE HEIGHT OF THE FENCES.

EVERYBODY OVER THERE HAS GOT A PRIVACY FENCE ON THEIR YARD, SO IT WOULD PREVENT ANY LIGHT TRESPASS FROM GOING INTO THEIR BACKYARD.

OCCASIONALLY, PEOPLE ARE GOING TO COME, PLUG IN THEIR CAR AND PRESUMABLY LEAVE, AND THAT'S NOT ALLOWED OR OBNOXIOUS OR INTRUSIVE ACTIVITY.

I THINK THAT THE TEA SHOP IS REALLY A BENEFIT.

I WOULD HOPE THAT ALL OF THE PEOPLE IN THE NEIGHBORHOOD ARE GOING TO WIND UP WALKING OVER THERE AND GETTING A GLASS OF TEA FROM TIME TO TIME.

I KNOW MY KIDS, WE LIVE OVER BY 45TH STREET, AND THEY WOULD WALK UP TO SEAWALL ALL THE TIME TO GET TEA FROM THE TEA SHOP UP THERE.

>> ANY OTHER QUESTIONS FOR THE APPLICANT?

>> OF COURSE, I HAVE.

>> GO AHEAD, PLEASE.

>> DO YOU KNOW IF THEIR BUSINESS PLAN IS TO ALLOW FOR LONG-TERM PARKING FOR VEHICLES OTHER THAN ELECTRIC CHARGE VEHICLES?

>> NO. THIS WOULD BE EXCLUSIVELY EV PARKING.

>> PLEASE.

>> I HAVE A QUESTION. I JUST WANT TO HEAR EVERYTHING.

CAN YOU EXPLAIN TO ME? I KNOW YOU WERE SAYING IT'S ON THE OTHER SIDE OF THE ALLEY, BUT, MAYBE I'M LOOKING AT THIS INCORRECTLY.

BUT THE WAY I SEE IT, IT LOOKS LIKE THE RESIDENTIALS ARE ON THE SAME BLOCK AND THE ALLEY IS ON THE OTHER SIDE.

>> THERE'S TWO HOUSES THAT FACE 14TH STREET.

THERE THEY ARE ON THE UPPER LEFT THE TWO HOUSES THAT FACE 14TH STREET THERE, AND THEN YOU CAN SEE THE ALLEY BACK BEHIND THERE.

>> SO THE COVERED EV CHARGING THAT BACKS UP TO THOSE TWO RESIDENTIAL LOTS? I DIDN'T SEE IT AND MAYBE SOMEONE ELSE MAY HAVE, BUT I DIDN'T SEE THE LIGHTING PLAN OR ANYTHING LIKE THAT THAT WOULD SHOW US HOW [OVERLAPPING] MAY I FINISH?

>> PLEASE. YES. I'M SORRY.

>> THANK YOU. I DIDN'T SEE ANYWHERE WHERE YOU WOULD BE PROTECTING THE RESIDENTS FROM LIGHTING.

I DON'T UNDERSTAND IF YOU DON'T DO LANDSCAPING, WHERE WOULD THE NOISE PROTECTION BE FOR THOSE PARTICULAR RESIDENTS? BECAUSE I CAN IMAGINE, THOUGH YOU'RE RIGHT, IT'S NOT A VERY NOISY PROCESS TO PLUG YOUR VEHICLE IN, BUT I ALSO CAN IMAGINE THAT PEOPLE WILL BE TALKING, LAUGHING, WHATEVER, JUST GENERALLY IN THE MIDDLE OF THE NIGHT BECAUSE IT'S OPEN 24 HOURS A DAY.

[00:40:04]

I CAN IMAGINE THAT THERE WILL BE SOME TYPE OF NOISE LATE INTO THE NIGHT.

IS THERE ANY MITIGATION FOR THAT?

>> SO THE EXISTING FENCES WOULD PROBABLY DO IT JUST AS WELL AS ANYTHING ELSE.

BUT LET ME ADDRESS THE LIGHTING FIRST SINCE THAT WAS YOUR FIRST CONCERN.

>> YES, PLEASE.

>> SO THE ROOF VISUAL AID.

THE ROOF WOULD HAVE A SLOPE ABOUT LIKE THIS SO THAT ALL OF THE WATER DRAINS INTO THE CENTER OF THE SITE, AND THEN THERE WOULD BE A WALL ON THE BACK SIDE THAT COMES DOWN TO JUST BELOW THE TOP OF THE FENCES THERE, SO IT WOULD PREVENT ANY LIGHT FROM TRESPASSING INTO THE ADJOINING PROPERTY.

IT WOULD ALSO PREVENT ANY SOUND FROM GOING OVER THE FENCE INTO THE PROPERTY NEXT DOOR.

WHAT WAS THE SECOND PART? NOISE.

>> NOISE.

>> LANDSCAPING REALLY DOESN'T ABET NOISE VERY MUCH.

IF YOU PAY ATTENTION TO WHAT HIGHWAY DEPARTMENT DOES ALONG THE MAJOR CORRIDORS, THEY BUILD GREAT BIG CONCRETE WALLS.

LANDSCAPING WOULD NOT HAVE ANY IMPACT ON NOISE REDUCTION.

>> IS THERE ANY MITIGATION FOR NOISE REDUCTION?

>> WELL, THE EXISTING FENCE AND THEN TAKING THE WALL DOWN LIKE I DESCRIBED WOULD HELP KEEP NOISE FROM BEING TRANSMITTED INTO THOSE FOLKS BACKYARDS.

>> IF I UNDERSTOOD WHAT YOU JUST SAID, NOT TO BE CONTENTIOUS, BUT JUST TO SAY YOU WERE SAYING THAT, NOT ONLY BUT, THAT WHAT [INAUDIBLE] DOES IS THE CONCRETE BARRIERS.

WE KNOW WE'RE NOT GOING TO HAVE CONCRETE BARRIERS HERE.

WE'RE NOT GOING TO HAVE CONCRETE BARRIERS HERE, THEN WE CAN ASSUME THAT THERE'S GOING TO BE SOME NOISE THAT'S GOING TO PENETRATE INTO THE RESIDENTIAL AREAS, CORRECT?

>> THERE COULD BE SOME, BUT I WOULD SUGGEST THAT IT'S GOING TO BE MINOR.

IT DIDN'T SHOW ON THIS, BUT THAT PARTICULAR LOT THAT WOULD BE LOT 6 WAS PREVIOUSLY A PARKING LOT THAT SERVED THE BUILDING THERE, AND SO FAR AS I KNOW, THERE WAS NEVER A COMPLAINT ABOUT THE NOISE FROM THAT PARKING LOT.

>> THANK YOU.

>> THANK YOU. ANYBODY ELSE? YES, MR. CHAIRMAN, IF THERE ARE COMMENTS, I WOULD LIKE TO HAVE A OPPORTUNITY TO ADDRESS THOSE CERTAINLY DURING THE COMMENT PERIOD.

>> CERTAINLY NOT A PROBLEM.

>> THANK YOU VERY MUCH.

>> SO IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK ON THIS ITEM?

>> [INAUDIBLE]

>> YES, SIR. IF YOU DON'T MIND, SIGN IN, STATE YOUR NAME.

>> HOW ARE YOU FOLKS DOING?

>> GREAT.

>> MY NAME IS JASON HAYES. I WOULD BE THE DEVELOPER ON THIS PROJECT. I GOT SOME NOTES.

THE FIRST THING ON THE LANDSCAPING, THERE MIGHT HAVE BEEN A MISCOMMUNICATION.

MY ENVISION IS OLEANDERS, WROUGHT IRON FENCE, JAPANESE USE ON THE OTHER SIDE OF THE FENCE.

AT NO POINT DO I WANT ANYBODY LOOKING AT THESE CARS FROM HARBOR SIDE, NOR DO I WANT TO SEE THE RESIDENTS ON THE OTHER SIDE, OR DO I WANT TO SEE THE LAND RUNS.

I JUST TALKED TO JIM NOICE. I SAID, "HEY TEL DELL, I WILL BUY THAT.

I WOULD LOVE TO MAKE IT LOOK BEAUTIFUL AND MAKE IT A TOURIST ATTRACTION, SO PUBLIC CAN ACTUALLY GO AND ENJOY THAT." ALSO, WE HAVE A BAR BEHIND US.

THERE'S LATE NIGHT NOISE ALREADY AT THE BAR.

THAT SHOULDN'T BE A BIG WORRY THAT SOME OF THE RESIDENTS SHOULD ALREADY HAVE BE USED TO SOME OF THAT.

[NOISE] LET'S SEE.

I WROTE ALL THOSE CONCERNS DOWN.

MY THROAT IS DRY.

I WAS THINKING TO MYSELF, I WOULD LOVE A DUTCH TEA RIGHT NOW.

ANYBODY BEEN DUTCH BROTHERS? ANYBODY? YOU PRE-ORDERED ON THE APP, AND WHEN YOU PULL UP TO THE WINDOW, YOU TELL THEM I'M JASON HAYES AND THEY HAND IT TO YOU.

THAT'S HOW FAST THE TRANSITION PERIOD IS AT THESE TEA COMPANIES.

NOBILITY TEA IS NO DIFFERENT THAN DUTCH BROTHERS.

THEY GOT POWDER ENERGY DRINKS.

YOUR CLIENTELES NOT TYPE OF PERSON.

THEY'RE GOING TO BE UTMB PEOPLE COMING IN THE MORNING TIME, GETTING TEAS FOR ALL THEIR STAFF, CRUISE PEOPLE COME IN AND GET TEA.

ANYBODY THAT'S UNDER THE AGE OF 25 ALL DAY.

THEN THAT'S A BUSINESS THAT THEY SHUT DOWN AT 7:00, 8:00.

THIS IS NOT A RULE 8.

NOW DUTCH BROTHERS DO STAY OPEN.

I WAS LOOKING AT HOURS FROM 5:00-10:00.

BUT I DON'T THINK WE COULD SET A CAP, IF THE CITY WANTS TO SET UP A CAP, WHAT TIME THAT BUSINESS THAT'S SHUT DOWN, THAT WOULD BE FINE TOO.

I WOULDN'T WANT PEOPLE THERE ALL HOURS OF THE NIGHT EITHER.

[00:45:12]

I PUT DOWN FLEXIBLE LANDSCAPING AND IT'S GOING TO BE A FLEXIBLE CHARGING PARKING LOT.

WE'RE GOING TO UTILIZE IT TO THE BEST OF WHAT OUR TOWN NEEDS AT THAT POINT.

WE HAVE AROUND 40 CHARGING UNITS RIGHT NOW.

I JUST SENT AN E-MAIL TO TESLA TODAY ASKING FOR 150; 41 FOR THIS PROJECT AND ANOTHER 100 THROUGH ALL MY CREWS PARKING LOTS.

WE PARK OVER 2000 CARS A WEEK. WE ONLY HAVE 40.

WE PARK 10,000 CARS.

I GET CALLS ALL DAY LONG.

WHERE DO I CHARGE MY CAR? I TOOK OFF EIGHT CHARGERS OFFLINE AT 1902 HARBOR SIDE.

RIGHT THERE, KATIE'S. THAT SERVICED A LOT OF GALVESTON AND JUST THOSE EIGHT CHARGERS.

YOU GOT THE CHARGER BEHIND STARBUCKS IS BROKEN HALF THE TIME.

THANK GOD THAT GMC, HOW BENTLEY SPENT $2 MILLION, I DON'T KNOW IF YOU GUYS KNOW, YOU ARE EVEN AWARE OF HOW MUCH IT COSTS FOR THIS INFRASTRUCTURE, AND HOW MUCH WE'RE GOING TO NEED IN A PLAN FOR THE CITY OF GALVESTON WHEN WE GET ALL THESE CARS, 52,000 CARS OF EV CHARGE CARS WERE PURCHASED IN THE STATE OF TEXAS LAST YEAR.

I'M SURE IT'S GOING TO BE MORE THIS YEAR.

WHAT ARE WE GOING TO DO TO GET TOURISTS COME DOWN AND FEEL SAFE THEY'RE GOING HAVE A PLACE TO CHARGE? RIGHT NOW, YES.

THERE WILL BE SOME CRUISE PARKING LINE.

IF THEY WANT TO MAKE A RESERVATION.

WILL I MAKE THAT THE WHOLE THING? NO, BECAUSE THAT WOULDN'T BE THE BEST FOR THE TEA COMPANY.

I NEED SOME CHARGING STATION SO PEOPLE CAN COME AND CHARGE WHILE THEY'RE WAITING FOR THEIR FAMILY, PICK THEM UP AT THE TERMINAL.

WE HAVE UBER DRIVERS THAT NEED TO GO.

ANOTHER THING, I GET CALLS ALL THE TIME.

I NEED TO CHARGE MY CAR.

I GET UPSET WITH THEM SOMETIMES AND I FOUND OUT I DON'T ANYMORE.

BECAUSE I SAID, "MA'AM YOU'RE NOT EDUCATED ON YOUR OWN VEHICLE THAT YOU BOUGHT.

WHY DON'T YOU KNOW WHERE TO CHARGE?" "SIR, I RENTED THIS CAR. THIS IS ALL THEY HAD." HOW MANY HAS RENTED A CAR AND ALL YOU GOT WAS AN EV CAR? I HAVEN'T HAD IT HAPPEN, BUT IT'S OUT THERE.

THESE PEOPLE ARE UNEDUCATED IN THESE EV CARS LOOKING FOR A PLACE TO CHARGE.

GALVESTON JUST DOESN'T HAVE IT.

I'M LOOKING AT PUTTING TWO BIPOCOS, TWO AT 24TH, TWO AT 25TH.

WE NEED SOME DOWNTOWN.

BUT THIS WILL BE A CONCENTRATED AREA FOR CHARGERS BECAUSE OF, LOOK WHAT WE GOT ON CRUISE DAYS.

WHERE ARE THEY ALL AT? THEY NEED A PLACE TO GO.

THAT'S IT. IF SOMEONE MADE A RESERVATION FOR NON, I REALLY DON'T WANT THEM IN THERE.

IT'S GOING TO BE A REALLY NICE FACILITY.

I WANT TO LOOK LIKE A NICE CONCRETE.

WE GOT A CRUISE PARKING LOT NEXT DOOR THAT'S ON GRAVEL.

LOOKS NICE STILL, AND I THINK THAT'S WRONG WITH THAT CRUISE PARKING LOT WITH GRAVEL.

BUT PERSONALLY, I WOULDN'T BUILD A PARKING LOT ANYMORE, UNLESS IT'S ON CONCRETE.

I WOULD LOVE TO GET SOME TYPE OF CONCRETE THAT HAS THE AIR RATED CONCRETE THAT THE WATER CAN GO THROUGH THERE, BUT WE DON'T HAVE A PLACE LIKE THAT IN GALVESTON THAT MIXES THAT TYPE OF CONCRETE.

UNTIL REGULATION CHANGES, UNTIL YOU GUYS CHANGE THE REGULATION, THAT THEY HAVE TO HAVE THAT PERMEABLE CONCRETE.

YOU'RE NOT GOING LIKE KELSO, YOU'RE NOT GOING TO GET ANYBODY ELSE HERE TO SPEND THE MONEY AND PUT THAT FACILITY IN, BECAUSE THAT'S A SPECIAL TYPE OF CONCRETE.

BY THE TIME THEY TRUCK IT HERE FROM HOUSTON OR WHEREVER THEY DO IT, IT'S DONE DRIED UP.

I DON'T KNOW IF YOU GUYS ARE AWARE OF THAT, BUT THAT'S SOMETHING REALLY NEAT THAT I WISH THAT WE HAD IN GALVESTON THE ABILITY TO HAVE A PERMEABLE CONCRETE.

>> HEY, LET ME ASK YOU A QUICK QUESTION.

>> YES, SIR.

>> BECAUSE WE'RE OFTEN THE PERMEABLE CONCRETE.

[LAUGHTER] I JUST HEARD THERE'S NO LANDSCAPING.

YOU'RE TELLING ME I'M DOING OLEANDERS, FENCES, I'M DOING IT.

YOUR PLAN THAT'S IN FRONT OF US, DOESN'T HAVE IT.

YOU'RE TELLING ME THINGS THAT YOU WANT TO DO, AND THAT'S WHY WE'RE HERE, AND WE'RE GOING TO HEAR FROM SOME OTHER PEOPLE TOO, WHICH WE NEED TO HEAR FROM.

BUT IT SOUNDS TO ME LIKE YOU GUYS NEED TO MAYBE RETHINK YOUR PLAN A LITTLE BIT BECAUSE WHAT YOU GAVE US AND WHAT YOU'RE TELLING US ARE TWO DIFFERENT THINGS.

I JUST WANT TO MAKE THAT COMMENT.

ALSO, YOU ARE, IN ESSENCE THE APPLICANT.

I'M GOOD WITH LISTENING TO THIS, AND I ALSO THINK IT WOULD BE FAIR IF YOU GUYS HAVE ANY QUESTIONS.

FOR THE GUY WHO'S ACTUALLY PAYING THE BILL, THIS IS AN OPPORTUNITY, SO IF ANYBODY HAS ANY QUESTIONS. YES, TOM, PLEASE.

>> I HAVE A QUESTION [INAUDIBLE].

[00:50:02]

>> WE'LL CIRCLE BACK TO THAT.

DOES ANYBODY ELSE HAVE? [BACKGROUND] YES, MA'AM.

>> I NOTICED YOU SAID 41 PARKING SPOTS, BUT I THINK WHAT I JUST HEARD YOU SAY IS THAT NOT ALL 41 OF THOSE PARKING SPOTS ARE GOING TO BE DESIGNATED FOR EV.

SOUNDS LIKE YOU'RE SAYING THAT IT COULD BE LONG TERM PARKING AND EV PARKING?

>> ALL EV PARKING. AS A CONSUMER RIGHT NOW, YOU CAN'T COME TO GALVESTON AND MAKE A RESERVATION FOR EV SPACE.

IT'S FIRST COME FIRST SERVE, THE FOUR SPACES.

THEY'RE NON-EV. THEY'RE NOT COVERED EITHER.

THAT'S THE ONLY ONES THAT'S NOT.

>> THAT'S WHAT I WAS TRYING TO UNDERSTAND. I SEE THE TWO HANDICAP AND THE OTHER TWO PARKING SPOTS HERE, BUT IT SOUNDED LIKE YOU WERE SAYING THAT THESE OTHER SPOTS COULD BE LONG TERM AS WELL AS EV PARKING.

THAT THEY COULD BE LONG-TERM OR PARKING FOR THE CRUISE SHIP THAT WASN'T EV PARKING, AND THEN SOME OF THEM COULD BE EV PARKING.

IT WASN'T TOTALLY DESIGNATED AS EV PARKING.

>> NO. THEY'RE ALL EV PARKING.

IF YOU WANT TO PARK FOR ONE DAY, 20 MINUTES, 30 MINUTES, YOU'RE GOING TO BE ON A TIMER.

YOU'RE GOING TO PAY FOR IT. YOU'RE GOING TO PAY FOR BEING THERE.

HOWEVER LONG YOU WANT TO BE THERE.

WILL I HAVE SOME THAT YOU CAN'T DO LONGER THAN AN HOUR OR TWO? YES. EVERYTHING ON THE FRONT SIDE, CLOSER TO EVERYTHING RIGHT DOWN THE MIDDLE, LEFT AND RIGHT, YOU WILL YOU WON'T BE ABLE TO DO ANY LONGER THAN A SHORT TERM.

A COUPLE OF HOURS. THAT'S IT.

WILL THAT CHANGE? I BELIEVE SO.

WHEN WE GET BUSIER AND THERE'S MORE EVS, THAT PARKING LOT WILL BE A BIGGER DEMAND.

THAT MEANS I'M GOING TO NEED MORE SHORT TERM EV CHARGING.

I'LL HAVE TO MAKE THE OTHERS PARKING.

I'LL HAVE TO JUST MOVE THE ROLL BACK.

MAKE THOSE SHORT-TERM AND JUST UNTIL ONE DAY, THERE'S GOING TO BE NO LONG-TERM AVAILABLE THERE.

IT'LL BE ONLY SHORT-TERM.

>> BECAUSE THAT'S JUST WHERE WE'RE MOVING, AND I'LL MAKE MORE MONEY.

I'LL BE MORE PROFITABLE DOING SHORT-TERM, AT SOME POINT.

IT'LL BE MORE PROFITABLE FOR ME TO MOVE MY LONG-TERM IN THE 202 FARMERS COPPER BUILDING, OR THE BUILDING AT 18TH AND HARBORSIDE, OR ANY ONE OF THOSE INDOOR BUILDINGS.

I'LL PUT MY LONG-TERM T, HERE AND WE'RE LOOKING AT PUTTING CHARGERS THERE.

WE DON'T HAVE ENOUGH HERE IN GALVESTON, AND I DON'T SEE ANYBODY ELSE TALKING ABOUT PUTTING MORE DEDICATED EV CHARGERS FOR THE PARKING SPACES.

>> I'LL TELL YOU WHAT I'D LIKE TO DO. I KNOW THERE'S SOME FOLKS HERE WHO'D LIKE TO SPEAK ON THIS.

LET'S HEAR FROM SOME OF YOUR NEIGHBORS AND WE'LL GO FROM THERE.

BUT HEY, THANK YOU FOR ALL OF YOUR COMMENTS. I APPRECIATE THAT.

ANYBODY ELSE HERE WOULD LIKE TO SPEAK ON THIS ITEM? YES, SIR.

PLEASE COME FORWARD, STATE YOUR NAME, SIGN IN.

I'LL REMIND YOU HAVE THREE MINUTES.

>> MY NAME IS JIM NONES.

I'M WITH THE LAFITTE SOCIETY, AND I'M DEAR FRIENDS OF THE OLSONS, WHO OWN THE ADJACENT PROPERTY.

THEIR BIGGEST CONCERN, AND WE HAVE DISCUSSED IT, IS THE WELL THAT EXISTS VERY CLOSE TO THAT PROPERTY LINE THAT IS THE OLDEST MANMADE STRUCTURE ON THIS ISLAND.

IT'S OVER 210 YEARS OLD.

IT CAME WITH THE MINA EXPEDITION AND RE, BEFORE LAFITTE EVEN CAME IN 1817-1820.

BUT THAT BEING SAID, EVERYTHING I'VE SEEN SO FAR IS VERY POSITIVE.

I'VE GOT SOME SUGGESTIONS.

TO KNOW THAT THESE PEOPLE ARE IN CHARGE, I LIKE THAT.

I THINK THE OLSONS REALLY WANT TO SEE A COPY OF THE SITE PLAN, AND THEY WANT SOMEBODY OUT THERE THAT CARES FROM THE LAFITTE SOCIETY, TO MAKE SURE THAT THERE ISN'T ANY DAMAGE TO THAT WELL OR THE REMAINS OF THE POST-CIVIL WAR REPLICA OF MAISON ROUGE.

BUT WHAT IT IS THAT REPLICA IS BUILT ON THE VERY FOOTPRINT OF LAFITTE'S MAISON ROUGE.

ALSO, ALL OF THIS LAND IS THE OLD CAMPICI LOCATION, 10 BLOCKS ANY DIRECTION.

UNDERNEATH THIS GROUND ARE ARTIFACTS, POSSIBLY BODIES FROM THE HURRICANE OF 1818, WHICH WAS EQUALLY AS DEVASTATING AS HURRICANE IKE, CAME IN ON THE VERY SAME DAY, BUT IN 1818.

THERE'S A LOT TO BE CONSIDERED, BUT WHAT I'M SAYING, IF YOU DID A BLACK WROUGHT IRON FENCE, VERY NEW ORLEANS STYLE, AND PUT JASMINE ON IT, AND YOU DID SOME PERGOLAS OVER HERE IN THE GREEN AREAS LIKE WE HAVE IN FRONT OF MOD COFFEE SHOP, THEN YOU'VE CREATED A VERY USER-FRIENDLY SPACE FOR ALL OF US.

ONCE AGAIN, THE MAIN THING IS THE STRUCTURES THAT EXIST.

IF YOU TOTALLY PAVE THAT ENCAPSULATED,

[00:55:04]

YOU REALLY ARE SAVING THOSE ARTIFACTS AND BODIES THAT EXIST UNDERNEATH THAT SOIL FOR A LATER DATE.

YOU CAN DO RADIOGRAPH IMAGERY, LIKE THEY DID AT THE ALAMO, AND YOU CAN FIND OUT WHAT'S BENEATH THERE.

ONCE THE HOUSES ARE REMOVED, I KNOW THERE'S SOME BRICK CISTERNS UNDERNEATH THOSE THAT ARE SIMILAR, BUT THEY COULD BE CIVIL WAR ERA OR LATER.

THAT'S MY ONLY CONCERN, BUT I THINK IT'S A REAL POSITIVE MOVE IF YOU DO IT RIGHT.

THROW A LITTLE FRENCH FLARE IN THERE, MAKE IT LOOK FRENCH, AND YOU'LL HAVE SOMETHING. THANK YOU.

>> THANK YOU.

>> I'LL SIGN.

>> IS THERE ANYBODY ELSE WHO'D LIKE TO SPEAK ON THIS? I'M GOING TO GO HERE ON THE RIGHT. COME IN. MA'AM, PLEASE COME FORWARD.

WELL, STATE YOUR NAME, SIGN IN.

>> [INAUDIBLE] DID YOU HEAR ME?

>> YES. SIGN IN AND PULL THAT MIC A LITTLE CLOSER TO YOU WHEN YOU SPEAK. THERE YOU GO.

>> MARISA NIKAR. I JUST HAD A COUPLE OF QUESTIONS.

HOW MANY JOBS ARE WE LOOKING AT?

>> MA'AM, YOU CAN'T ASK QUESTIONS FOR THE COMMISSION.

YOU GET TO SPEAK TO US BUT UNFORTUNATELY WE CAN'T ANSWER YOUR QUESTIONS.

NOW, THAT DOESN'T MEAN THAT YOU CAN'T ASK THESE GUYS THESE QUESTIONS AFTERWARDS.

YES, MA'AM. I WOULD ENCOURAGE YOU TO DO SO.

>> MINOR QUESTIONS, SO I'LL TALK TO THEM ABOUT IT.

>> CERTAINLY. THANK YOU.

ANYBODY ELSE? YES, SIR.

>> THANKS.

>> MY NAME'S TED [INAUDIBLE] I'VE LIVED IN EASTEND ALL MY LIFE.

SAME BLOCK FOR 70 YEARS.

I APPRECIATE EVERYTHING THAT YOU ALL DO FOR OUR COMMUNITY.

MR. HAYES HAS DONE A GREAT JOB WITH HIS PARKING.

I WAS IN THAT CHAIR WHEN WE SIGNED THE ROYAL CARIBBEAN DEAL.

I'M VERY PROUD OF THAT.

MR. CHAIRMAN, YOU HIT THE NAIL ON THE HEAD.

THIS IS WHAT'S GOING ON TO TRY TO GET MORE PARKING FOR THE CRUISE BUSINESS.

THEY'VE GOT ELECTRIC CAR PARKING RIGHT ACROSS THE STREET, OPEN TO THE PUBLIC, THE PORT PUT IT IN.

IT'S RIGHT THERE. NUMEROUS SPOTS.

WHAT'S GOING ON HERE IS THAT, LIKE I SAID, MR. HAYES IS THE BIGGEST PRIVATE OPERATOR ON THE ISLAND, DOES A GOOD JOB.

HE HAS SINCE LEASED PROPERTY EAST OF HERE FROM UTMB, THEY'VE ALREADY OPENED IT UP.

THIS GIVES HIM AN OPPORTUNITY TO HAVE A SPOT ON 14TH STREET, TO WHERE PEOPLE COME AND SAY, "HEY, LET'S GO RIGHT DOWN THERE, I'VE GOT A LOT." I'M PRETTY SAVVY WHEN IT COMES TO HOW BUSINESS WORKS.

MY CLIENT ACROSS THE STREET HAS DONE A FANTASTIC JOB, MR. JONES, WITH HIS LOT.

HE WASN'T ALLOWED TO DO THAT LOT UNTIL WE WERE ABLE TO PROVE THAT IT WOULD TO BE GRANDFATHERED IN BECAUSE IT ALWAYS HAD PARKING.

BUT IT'S NOT GRAVEL, IT'S EXACTLY WHAT HE WAS TALKING ABOUT.

THE STUFF, THE MATERIAL THAT HE HAS DOWN THERE IS WHAT THEY CALL MILLS.

THAT'S EXACTLY WHAT YOU'RE TALKING ABOUT WHERE THE WATER COMES IN, LOOKS NICE.

HE ADMITTED IT LOOKS NICE.

IT COST A LOT OF MONEY, DID A REALLY PROFESSIONAL JOB ON IT.

BUT WHEN YOU LOOK AT IT, WE'RE GOING TO HAVE ANOTHER 300,000 PASSENGERS COMING WHEN WE OPEN UP PIER 16, WHERE DEL MONI WAS.

IT'S GOING TO BE MORE TRAFFIC.

MY CONCERN IS THAT I REALLY AM OPPOSED TO IT.

I THINK A RECOMMENDATION TO YOU IS WHAT THE STAFF HAS TALKED ABOUT.

IN THE JAWS ISSUES, THIS IS NOTHING MORE THAN JUST TRYING TO ENHANCE A PARKING BUSINESS, AND IT WILL BE USED FOR THAT, BECAUSE THERE'S NO SENSE IN SOMEBODY COMING AND JUST CHARGING THEIR CAR FOR A COUPLE OF HOURS, THIS IS GOING TO BE USED FOR LONG-TERM PARKING.

THEY'LL JUST UNPLUG IT [INAUDIBLE] I GOT A PARKING SPOT FOR YOU.

IT'LL GET THE 41 SPOTS.

THEN THEY'LL GROW THE BUSINESS, SIMPLE.

IT'S JUST NOT GOING TO BE USED THE WAY IT'S BEING PORTRAYED TO YOU, IN MY OPINION, IN THE FUTURE.

IT'S NO DISRESPECT TO THEM, BUSINESS IS BUSINESS, BUT WE'VE WORKED HARD TO ESTABLISH THE BUSINESS THAT'S ACROSS THE STREET, AND WE'VE KEPT UP WITH EVERYTHING.

THEY PUT THE EASEMENTS. WE CAME TO THE CITY TO ALLOW THE EASEMENTS ACROSS THE STREET TO WORK WITH THE PORT, MY CLIENT'S DONE AN EXCELLENT JOB.

I APPRECIATE YOU ALLS TIME. THANK YOU.

>> THANK YOU, SIR.

>> LOOK, 16 SECONDS.

>> ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? YES, MA'AM.

THAT'S CORRECT. WE'D LIKE TO HEAR FROM YOU IF YOU HAVE A COMMENT, BUT YOU NEED TO COME FORWARD.

SIGN IN. [BACKGROUND] FAIR ENOUGH.

MR. GERTNER, ANY COMMENTS?

[01:00:01]

>> I'D LIKE TO JUST REITERATE, WE APPLIED FOR ULTIMATELY WHAT WE THOUGHT THE MAXIMUM USE WOULD BE.

WE APPLIED SOME WEEKS AGO IN ORDER TO MAKE THIS DEADLINE.

SINCE THEN WE'VE HAD SEVERAL CONVERSATIONS ABOUT LANDSCAPING AND SUCH AS THAT.

I DON'T WANT TO TAKE AWAY FROM WHAT MR. HAYES SAID.

THAT'S WHAT HE REALLY INTENDS TO DO, BUT OUR APPLICATION IS THIS.

YOU WOULD NEED TO MAKE A CONDITION.

IF YOU CHOOSE TO RECOMMEND THIS PROJECT FOR APPROVAL, YOU WOULD HAVE TO MAKE A RECOMMENDATION THAT ADDITIONAL LANDSCAPING BE ADDED IN WHATEVER MANNER YOU SEE FIT AS WE MOVE THIS FORWARD.

>> I'M GOING TO ASK YOU A QUESTION.

>> SURELY.

>> WHEN WE START TAKING YOUR COMMENTS AND MAKING CONDITIONS JUST LIKE ADDING LANDSCAPING, IT BECOMES COMPLICATED AND VERY BROAD.

THE PROBLEM IS WHEN YOU LEAVE HERE, YOU GOT TO GO TO CITY COUNCIL.

IF I SAY, "HEY, HE'S GOING TO PUT LANDSCAPING," THE QUESTION BECOMES, HOW MUCH, AND WHERE? I CAN ADD THAT AS A CONDITION, BUT MY QUESTION TO YOU IS, AND I DON'T KNOW IF IT'S APPROPRIATE.

YOU'VE GOTTEN SOME COMMENTS.

HE'S SAID, "HEY, WE WANT TO DO IT THIS WAY," YOU'VE GOT A PLAN THAT SAYS SOMETHING ELSE.

YOU GUYS WANT TO CHANGE YOUR PLAN AND COME BACK?

>> NO, WE DON'T WANT TO COME BACK, WE'D LIKE TO KEEP MOVING FORWARD.

>> FAIR ENOUGH. THAT ANSWERS MY QUESTION.

>> THE SELLER IS QUITE MOTIVATED, SO HE WOULD LIKE TO MOVE THIS PROJECT FORWARD.

>> UNDERSTOOD. FAIR ENOUGH.

>> BUT I WOULD SUGGEST THAT WE DO SHOW LANDSCAPING ON 14TH STREET.

ADDING A LANDSCAPE STRIP ON HARBORSIDE DRIVE, AND AT THE PROPERTY LINE TO THE WEST, SAY A FIVE-FOOT STRIP OF LANDSCAPING, WOULD BE A REASONABLE REQUEST AND ONE THAT COULD BE ACCOMMODATED PRETTY EASILY.

>> FAIR ENOUGH. THANK YOU, SIR. YES, MA'AM.

>> I'LL JUST NOTE, IF THE PLANNING COMMISSION DECIDES TO APPROVE THIS PUD, THERE ARE RECOMMENDATIONS FROM STAFF, AND TWO OF THEM ACTUALLY ADDRESS LANDSCAPING.

>> THANK YOU. WE'LL BRING THIS BACK TO COMMISSION FOR ACTION.

OH, I'M SORRY, TOM.

TOM, HE DID HAVE A STAFF QUESTION. GO AHEAD, PLEASE.

>> I'M JUST WONDERING. FROM WHAT I UNDERSTAND, THERE'S A FEE FOR CRUISE PARKING, SO HOW WOULD WE DIFFERENTIATE AND HOW WOULD THAT BE ADJUDICATED?

>> WE'VE HAD CONVERSATIONS WITH THE APPLICANT BECAUSE WE ALSO THOUGHT THAT THIS MIGHT BE CRUISE SHIP PARKING.

WE'VE BEEN ENSURED THAT IT ISN'T.

THAT'S A DIFFERENT LAND USE, THAT'S COMMERCIAL SURFACE PARKING LOT, WHICH IS NOT PERMITTED IN CENTRAL BUSINESS.

SO THEY COULD NOT USE IT FOR UNDER THIS APPLICATION, THEY'D ONLY USE IT FOR ELECTRIC VEHICLE CHARGING.

THEY WOULDN'T BE ALLOWED TO DO LONG-TERM PARKING THERE.

>> HOW WOULD ENFORCE THAT?

>> IT WOULD BE A COMPLIANCE ISSUE.

>> THANK YOU.

>> GOOD QUESTION.

>> WE'LL BRING THIS BACK TO COMMISSION FOR ACTION.

>> I RECOMMEND THAT WE DENY 24P-037.

>> I'LL SECOND THAT. WE HAVE A MOTION AND A SECOND FOR DENIAL.

>> CHAIRMAN, IN THESE CASES ARE THERE ANY SPECIFICS AS TO THE RECOMMENDATION FOR DENIAL?

>> WELL, STAFF IS RECOMMENDING DENIAL.

>> STAFF'S RECOMMENDED DENIAL.

>> SO IT IS.

>> WOULD YOU LIKE FOR US TO INCLUDE THAT?

>> IF YOU WANT TO.

>> YOU WANT US TO SAY WE DENY BASED ON RECOMMENDATION? [NOISE]

>> YES, MA'AM. THAT'S WHAT YOU WANT ME TO SAY?

>> THAT WOULD BE PERFECT.

>> I RECOMMEND WE DENY 24P-037, BASED ON STAFF RECOMMENDATION.

>> I'LL SECOND THE MOTION.

WE HAVE A MOTION AND A SECOND FOR DENIAL BASED UPON STAFF'S RECOMMENDATION.

IS THERE ANY DISCUSSION? YES, SIR.

>> I'M ON THE FENCE ON THIS DEAL, BECAUSE WHEN I DRIVE DOWN HARBORSIDE FROM SAY 51ST STREET TO 14TH, I DON'T SEE MUCH TO LOOK AT.

THAT'S ON THE SOUTH SIDE.

IF THE BUILDING LOOKS LIKE THE RENDERING, THAT'S A BEAUTIFUL BUILDING.

I THINK IT'S A REAL POSITIVE.

IF YOU HAVE A COUPLE OF 100,000 PEOPLE, OR WHATEVER THE NUMBER IS GOING PAST THAT, BACK AND FORTH, AND THEY SEE THAT, THAT'S A GOOD THING FOR GALVESTON, I THINK.

[01:05:01]

WHAT'S THERE RIGHT NOW IS NOT.

INITIALLY I WAS MOSTLY CONCERNED ABOUT THE FOUR OR FIVE HOUSES THAT SURROUND THIS, BUT THERE IS A BAR THERE ON THE CORNER, NONE OF THOSE PEOPLE, AS FAR AS I CAN TELL, MADE A COMMENT, THERE WERE SOME COMMENTS FROM SOME OTHERS THAT WERE WITHIN THE 200-FOOT DISTANCE THAT WERE OPPOSED, BUT NONE OF THOSE PEOPLE MADE A COMMENT.

I DON'T KNOW IF THEY'RE OWNERS, RENTERS, SOMEBODY OWNS THE PROPERTY, AND THEY DID NOT OBJECT, SO IT TOOK THAT AWAY.

BUT WHEN I HEAR THE DISCUSSION ABOUT, IS IT REALLY EV PARKING OR IS IT LONG-TERM PARKING, THAT TROUBLES ME, AND I DON'T KNOW WHAT THE REAL ANSWER IS THERE.

THAT'S WHY I'M ON THE FENCE.

>> I'LL MAKE A COMMENT TO THAT.

I'M WITH YOU, JOHN. I THINK THAT AREA IS GOING TO CHANGE.

WHAT THEY'RE PROPOSING IS NOT THE END OF THE WORLD.

MY BIG DEAL IS, IT'S LIKE, LOOK, THE COMMENT WAS, THERE'S NO LANDSCAPING ON THE OTHER PARKING LOTS, WELL, MAYBE THERE SHOULD BE.

WE GOT TO START SOMEWHERE.

THIS IS A PUD REQUEST, SO WE WOULD GET TO SAY YOU GET TO DO IT OR NOT.

I THINK WHAT'S GREAT IS THEY'VE HEARD SOME COMMENTS FROM US, THEY'VE HEARD SOME COMMENTS FROM THE GENERAL PUBLIC.

THIS DOESN'T MEAN THAT THEY CAN'T GO CHANGE THEIR PLAN, WE DON'T HAVE THE FINAL SAY ON THIS.

THEY GET TO GO SPEAK TO CITY COUNCIL, AND CERTAINLY THEY WOULD TAKE OUR COMMENTS AND INCORPORATE THEM INTO WHATEVER PLAN THEY WOULD SHOW UP WITH AT CITY COUNCIL.

I THINK THAT THERE ARE SOME QUESTIONS THAT NEED TO BE ANSWERED, I THINK THESE GUYS KNOW WHAT THEY ARE.

BUT I'M WITH YOU, I'M ON THE FENCE A LITTLE BIT.

IT'S LIKE, THIS IS GOOD, BUT THERE'S STILL SOME UNANSWERED QUESTIONS, BUT I THINK THEY'RE HEADED IN A GOOD DIRECTION, AND OUR COMMENTS HELP THEM, AND THOSE FROM THE PUBLIC.

>> WELL, I THINK THE REASON WHY I DENIED THE PUD WAS BECAUSE I FELT LIKE WE LEFT TOO MANY UNANSWERED QUESTIONS.

I THINK IF WE HAD SOME MORE ANSWERS, I FELT LIKE THE WHOLE THING WITH THE EV CHARGING AND THE LONG-TERM PARKING, AND HOW LONG IT'S LEFT THERE, THAT'S REALLY GRAY.

I FEEL LIKE THAT NEEDS TO BE FLESHED OUT A LITTLE BIT MORE FOR US TO BE SURE THAT WHAT WE'RE REALLY APPROVING ON THE PUD IS EXACTLY WHAT WE'RE EXPOSING THE NEIGHBORHOOD TO.

I THINK ONCE THAT'S ALL CLARIFIED BETTER, I'M GOOD.

BUILDING IS BEAUTIFUL. IT ABSOLUTELY IS.

I LOVE WHAT YOU GUYS ARE DOING. IT LOOKS FANTASTIC.

I JUST HAVE SOME QUESTIONS THAT ARE NOT ANSWERED IN THIS.

>> ANY OTHER COMMENTS? WE'LL TAKE THE VOTE.

THOSE IN FAVOR OF DENIAL, AND THAT'S UNANIMOUS.

24P37 IS DENIED.

>> I'LL JUST NOTE FOR THE RECORD THAT THIS WILL BE HEARD BY CITY COUNCIL ON OCTOBER 24TH.

THANK YOU, GENTLEMEN, FOR YOUR TIME. 24P-038.

[10.A.2. 24P-038 (3818 Avenue S) Request For A Planned Unit Development (PUD) Overlay District For A “Restaurant, No Drive-In/Through”. Property Is Legally Described As The West 41-4 Feet Of Lot 12, East 10-10 Feet Of Lot 13, And South ½ Of Adjacent Alley (2012-1), Southwest Block 135, Galveston Outlots, In The City And County Of Galveston, Texas. Applicant: Michael Gaertner Property Owner: BAY BNB, LLC]

>> THIS IS 3818 AVENUE S. THERE ARE 40 PUBLIC NOTICES SENT, TWO OF THOSE RETURNED.

BOTH OPPOSED. WE HAVE NO OBJECTION FROM CITY DEPARTMENTS OR PRIVATE UTILITIES.

>> IN THIS CASE, THE REQUEST IS FOR A PLANNED UNIT DEVELOPMENT, PUD, TO ESTABLISH A RESTAURANT, NO DRIVE-IN OR THROUGH LAND USE IN AN URBAN NEIGHBORHOOD ZONING DISTRICT, WILLIAMS BORDER NEIGHBORHOOD.

THE PURPOSE OF THE PUD IS TO ALLOW FOR COMMERCIAL ACTIVITY AT THE SUBJECT PROPERTY.

ONE, NUMBER 2, TO DEVIATE FROM THE MINIMUM DISTANCE REQUIREMENT FROM A SINGLE-FAMILY RESIDENTIAL DISTRICT, AND THREE, TO DEVIATE FROM THE HOURS OF OPERATION NEAR RESIDENTIAL.

COMPATIBILITY WITH BASE SURROUNDING ZONING AND LAND USES, STAFF FINDS THAT THE PROPOSED LAND USE IS GENERALLY COMPATIBLE WITH SURROUNDING ZONING AND LAND USES.

THIS IS AN EXISTING STRUCTURE WHICH HAS HOUSED A VARIETY OF COMMERCIAL USES IN THE PAST.

THE PROPOSED USE OF RESTAURANT, NO DRIVE-IN OR THROUGH, DOES NOT FURTHER INTENSIFY THE COMMERCIAL USES CURRENTLY IN OPERATION DIRECTLY TO THE WEST OF THE SUBJECT PROPERTY ON 39TH STREET.

NOTE THE ABILITY OF THE PROPERTY TO BE USED ON THE CURRENT ZONING.

ALTHOUGH SOME COMMERCIAL USES ARE PERMITTED IN THE UN ZONING DISTRICT,

[01:10:03]

THERE ARE CERTAIN NEIGHBORHOODS WITHIN THE DISTRICT THAT ONLY ALLOW FOR COMMERCIAL ACTIVITY TO TAKE PLACE FROM EXISTING STRUCTURES THAT ARE SPECIFICALLY LISTED IN ARTICLE 3, UN ADDENDUM OF THE LDRS.

DUE TO THIS PROPERTY NOT BEING CURRENTLY LISTED FOR COMMERCIAL USE, ANY PROPOSED COMMERCIAL ACTIVITY IS NOT CURRENTLY PERMITTED.

NOTE THE DEVELOPMENT PLAN ON PAGE 3 AND 4 OF YOUR STAFF REPORT AS WELL AS THE CRITERIA FOR APPROVAL.

[NOISE] STAFF FINDS THAT THE PROPOSED RESTAURANT, NO DRIVE-IN OR THROUGH USE, IS NOT CONTRARY TO THE GOALS AND OBJECTIVES OF THE 2011 COMPREHENSIVE PLAN AND MEETS THE CRITERIA FOR APPROVAL.

THE PROPOSED USE COMPLEMENTS THE CHARACTER OF THE EXISTING NEIGHBORHOOD AND WILL NOT BE OUT OF SCALE NOR CREATE INCONSISTENCIES WITH THE OVERALL DEVELOPMENT PATTERNS AND USES IN THE IMMEDIATE AREA.

THEREFORE, STAFF RECOMMENDS APPROVAL OF 24P-038 WITH THE SPECIFIC AND STANDARD CONDITIONS LISTED IN YOUR REPORT AS ONE THROUGH SEVEN.

NOW WE HAVE SOME PHOTOGRAPHS.

THIS IS THE AERIAL IMAGE OF THE SUBJECT SITE.

THIS IS THE SUBJECT SITE.

HERE ARE THE SURROUNDING PROPERTIES TO THE WEST, SOUTH, AND EAST, AND THAT CONCLUDES STAFF REPORT.

>> THANK YOU, ADRIEL. ANY QUESTIONS FOR STAFF?

>> YES.

>> YES, MA'AM.

>> ADRIEL, IS IT 3818 AND 3816 THIS PUD?

>> WELL, YEAH, THAT PROPERTY IT'S A LARGE PROPERTY.

IT GOES FROM 3816 ALL THE WAY TO 22 OR 24.

>> THOSE ARE HOUSES?

>> YEAH, IT'S A VARIETY OF USES THERE.

YOU HAVE SOME MULTI-FAMILY HOUSE AND THEN YOU HAVE THE COMMERCIAL BUILDING, WHICH IS WHERE THE PROPOSED USE WILL TAKE PLACE FROM RIGHT THERE, THAT STRUCTURE THAT'S ON THE SCREEN.

>> THE FRONT STRUCTURE WOULD BE THE RESTAURANT AND THEN THE OTHER PROPERTIES.

>> YEAH, IT JUST REMAINS AS IT IS.

>> OKAY. THAT'S WHAT I DIDN'T UNDERSTAND IF IT WAS ALL GOING TO BE RESTAURANTS.

>> YEAH.

>> RIGHT. THANK YOU.

>> THE PROPERTY WILL REMAIN.

IT'S CURRENTLY USED OR CONFIGURED, AND THEN THE RESTAURANT, WHICH IS ACTUALLY A BAKERY BUT IT HAS TO BE GROUPED INTO THE RESTAURANT USE BECAUSE OF THE LDRS.

IT'S ACTUALLY GOING TO BE CONDUCTED FROM THAT STRUCTURE ON THE SCREEN THERE.

>> IS THE PUD FOR THE WHOLE PROPERTY OR THE RESTAURANT IS?

>> WELL, YOU HAVE TO HAVE 10,000 SQUARE FEET IN ORDER TO ESTABLISH A PUD.

>> UNDERSTOOD. GOT IT.

>> THERE'S NO NEW STRUCTURE GOING UP.

>> NOTHING, EVERYTHING IS TO REMAIN AS YOU SEE THERE.

>> I GOT YOU.

>> SO THEY'RE ENCOMPASSING THEIR TOTAL PROPERTY. YES, MA'AM.

IN ACCORDANCE WITH STAFF'S RESEARCH, AND SANBORN MAPS SHOW THAT IT'S BEEN USED AS A COMMERCIAL PROPERTY.

THAT STRUCTURE, IN PARTICULAR, HAS BEEN USED AS COMMERCIAL PROPERTY AT LEAST SINCE 1947. ANY OTHER QUESTIONS?

>> I GOT A COUPLE FOR YOU.

THIS IS UN IN THIS NEIGHBORHOOD?

>> YES, SIR.

>> SOME COMMERCIAL USES THAT ARE PERMITTED.

I'M ASSUMING THAT THIS BUILDING HAS A COMMERCIAL ZONE IN A UN; IS THAT CORRECT? THEY WOULD HAVE SOME COMMERCIAL RIGHTS THAT THEY COULD PUT IN THAT BUILDING TODAY.

>> YEAH. THE ISSUE IN THIS PARTICULAR CASE, VARIOUS PARTS OF UN IS SPECIFICALLY ZONED TO PROPERTIES THAT ARE SPECIFICALLY LISTED IN THE LDR.

UNFORTUNATELY, THIS IS ONE OF THOSE PROPERTIES THAT IS NOT CURRENTLY LISTED, BUT STAFF BELIEVES THAT IT SHOULD HAVE BEEN LISTED.

SO THAT IS THE FIRST IMPEDIMENT TO THEM CONDUCTING ANY COMMERCIAL ACTIVITY FROM THAT STRUCTURE.

IF THAT PROPERTY WAS CURRENTLY LISTED, THEY COULD TAKE ADVANTAGE OF ANY OF THE COMMERCIAL USES THAT ARE PERMITTED IN THE UN RIGHT NOW.

>> ALSO BECAUSE IT'S NOT LISTED, THEY CANNOT TAKE ADVANTAGE OF THE OTHER COMMERCIAL USES PERMITTED?

>> CORRECT.

>> SO THEY COULDN'T BE JUST TO PICK ONE.

COULD THEY DO A VAPE SHOP THERE? LET ME ASK THAT.

>> WELL, I DON'T THINK THAT WOULD BE PERMITTED IN THE UN, BUT ANOTHER COMMERCIAL USE THAT WOULD BE PERMITTED IN THE UN, THEY WOULD NOT BE ALLOWED TO DO IT ALTHOUGH DESPITE BEING A PERMIT USE IN THE UN DISTRICT.

BECAUSE CERTAIN PARTS OF THE UN DISTRICT, IN THIS PARTICULAR CASE, IS THE WILLIAMS BORDER NEIGHBORHOOD, IT HAS TO BE A PROPERTY THAT'S SPECIFICALLY LISTED.

>> HOW WERE THEY ABLE TO DO COMMERCIAL USES IN THERE PREVIOUSLY?

>> WELL, THAT PREDATES TO THE LDR OF 2015, WHICH IS WHEN THE CHANGE HAPPENED.

AFTER 2015, WE HAVE CERTAIN NEIGHBORHOODS THAT CAME FORWARD AND ASKED THAT ONLY CERTAIN PROPERTIES BE ALLOWED TO HAVE COMMERCIAL ACTIVITY TO TAKE PLACE.

[01:15:03]

I KNOW IT'S CONFUSING, BUT SO THE UN IS BROKEN UP INTO VARIOUS PARTS, OBVIOUSLY.

THE GENERAL UN, AS A WHOLE, SPEAKS TO ALLOWING COMMERCIAL ACTIVITY ON THE NUMBER STREETS.

NOW, OTHER PARTS OF THE UN SPEAK TO ALLOWING COMMERCIAL OPERATION ONLY WHEN THE PROPERTY SPECIFICALLY LISTED.

THOSE ARE SPECIFIC NEIGHBORHOODS, KEMNAL PARK, WILLIAMS BORDER, ETC.

IN THIS CASE, DUE TO THE PROPERTY NOT BEING CURRENTLY LISTED, THEY ARE NOT ALLOWED TO CONDUCT ANY COMMERCIAL OPERATION, EVEN IF IT'S ALLOWED IN THE BASE ZONING DISTRICT OF UN.

>> IF I UNDERSTAND CORRECTLY, IF THIS PROPERTY WAS ON 38TH STREET AND NOT ON S OR IF IT WAS FACING 38TH STREET, THEY WOULD BE ABLE TO PUT THE COMMERCIAL. [OVERLAPPING]

>> I BELIEVE THAT STILL FORMS PART OF THE UN WILLIAMS BORDER NEIGHBORHOOD.

ANY OTHER PART OF UN NOT SPECIFICALLY CLASSIFIED, THEN THAT WOULD BE CORRECT, YES.

>> ANY COMMERCIAL USE IN THIS BUILDING WOULD REQUIRE.

>> WOULD REQUIRE MOST LIKELY SOME TEXT CHANGE OR SOMETHING TO THAT EXTENT IN ORDER TO ADD THIS SPECIFIC PROPERTY TO THE LIST.

>> OKAY.

>> BUT IF YOU LOOK IN THE LDR ARTICLE 3 ADDENDUM FOR UN, YOU'LL SEE THAT IT WILL HAVE VARIOUS NEIGHBORHOODS, AND IN THOSE NEIGHBORHOODS, YOU'LL SEE THAT THERE ARE SPECIFIC PROPERTIES THAT ARE LISTED.

NOW, ALTHOUGH UN MAY SAY, "YES, YOU CAN DO A LAUNDRY SHOP OR A RETAIL, IF IT'S NOT SPECIFICALLY LISTED IN THOSE GEOGRAPHIC BOUNDARIES, THEN YOU'RE NOT ALLOWED TO DO IT.

>> WOW. OKAY.

>> IS THERE ANY OTHER WAY OUTSIDE OF A PUD? I KNOW YOU GUYS PROBABLY HAVE OUGHT THIS THROUGH THAT WOULD ALLOW FOR THIS PARTICULAR BUSINESS BAKERY TO BE THERE WITHOUT US HAVING TO GRANT A PUD ON THIS SITE.

>> YEAH, CERTAINLY, AND YOU GUYS HAVE ACTUALLY DONE THAT IN THE PAST, IS THROUGH LDR TEXT CHANGE.

WE'VE DONE TEXT CHANGES IN THE PAST TO INCORPORATE SPECIFIC PROPERTIES TO THE LIST.

HOWEVER, THE PROBLEM WITH THIS ONE IS THAT THEY HAVE R1 DISTRICT TO THE WEST.

AT THE CENTER LINE OF 39TH STREET, THE R1 DISTRICT BEGINS FOR TWO BLOCKS, AND THEN IT BECOMES COMMERCIAL AGAIN.

THE LDR HAS A SPECIFIC PROVISION TO THE RESTAURANT LAND USE THAT YOU HAVE TO BE AT LEAST 200 FEET AWAY FROM AN R1 DISTRICT.

THAT'S THE PROBLEM HERE.

HE'S APPROXIMATELY 150 FEET AWAY.

THEREFORE, ALTHOUGH YOU CAN COME FORWARD WITH AN LDR TEXT CHANGE, IT DOESN'T MAKE SENSE BECAUSE IT STILL DOES NOT ADDRESS THE PROBLEM.

>> WOW.

YES, SIR. PLEASE, TOM.

>> TO CLARIFY BEFORE I ASKED THE QUESTION, IF WE GRANT THE PUD, IT WOULD ALLOW THIS BUILDING TO VERY SPECIFICALLY BE A RESTAURANT BUT NOT ANYTHING ELSE?

>> CORRECT.

>> OKAY. BY GRANTING THE PUD, WOULD IT ONLY BE FOR THE SPECIFIC BUILDING THAT IS ON THAT PICTURE, OR ARE WE TALKING ABOUT COULD THEY PUT SIX RESTAURANTS IN THESE SIX BUILDINGS?

>> NO. THE PUD IS VERY SPECIFIC.

IF YOU SEE THE PUD PLAN, THEY'RE ONLY ASKING FOR THIS PARTICULAR STRUCTURE.

HOWEVER, IN ORDER TO ESTABLISH A PUD, THE REGULATIONS STATE THAT YOU NEED 10,000 SQUARE FEET.

>> THANK YOU.

>> YES, MA'AM.

>> I THINK AT LEAST I HAVE SOME UNDERSTANDING.

ANY OTHER QUESTIONS FOR STAFF?

>> THAT'S RIGHT.

>> YOU DID GOOD, ADRIEL. THANK YOU VERY MUCH.

WELL, OPEN UP THE PUBLIC HEARING; IS THE APPLICANT PRESENT? YES, SIR. PLEASE SIGN IN.

>> CONFUSED BY THAT? [BACKGROUND]

>> WELL, I CERTAINLY WAS.

IT TOOK ME ABOUT THREE OR FOUR TIMES.

>> I HAVE MORE QUESTIONS.

>> BASICALLY, FIRST OF ALL, WE THINK THAT THIS BUILDING, PROBABLY THE COMMERCIAL BUILDING HERE IN THE FRONT DATES FROM 1939 AND HAS BEEN COMMERCIAL USES PRETTY MUCH SINCE THEN.

CLEARLY, IT WAS OVERLOOKED WHEN THE LDRS WERE WRITTEN AND DIDN'T MAKE IT INTO THE LIST OF COMMERCIAL PROPERTIES.

I MAY BE WRONG, BUT I THINK THAT IN GRANTING THIS PUD, ADRIEL, YOU'LL CORRECT ME IF I'M WRONG, IS THAT WE ARE ADDING THIS TO THE LIST OF PROPERTIES WHERE COMMERCIAL USES ARE ALLOWED, AND THEN ALLOWING A RESTAURANT WITH NO DRIVE-THROUGH TO BE LOCATED CLOSER THAN 200 FEET FROM A RESIDENTIAL BOUNDARY.

[01:20:04]

I THINK OTHER COMMERCIAL USES WOULD BE ALLOWED WHEN IT'S ADDED TO THE LIST; IS THAT CORRECT?

>> THAT WILL BE CORRECT. ARE THE SPECIFIC REQUEST FOR THE CAFE?

>> THIS REQUEST IS FOR THE CAFE, CORRECT.

BASICALLY, THE IDEA IS THAT.

YOU CAN SEE ON THE GROUND FLOOR, THERE ARE TWO BLACK DOORS.

IT'S ONLY FOR THE HALF OF THE GROUND FLOOR THAT IS ON THE WEST SIDE OR TO THE LEFT IN THIS PICTURE.

IT'S JUST HALF OF THE GROUND FLOOR THAT WOULD BE THE RESTAURANT, CAFE.

BASICALLY, WHAT WE'RE TRYING TO DO IS TO PROVIDE A LOCAL SPOT FOR NEIGHBORS TO SOCIALIZE, GRAB A MEAL, CUP OF COFFEE, WHATEVER.

WE THINK THAT IT COMPLIES WITH THE GOALS OF THE COMPREHENSIVE PLAN, CHAPTER 3, IN TERMS OF ECONOMIC DEVELOPMENT, FOSTERING SMALL BUSINESSES, AND LOCAL ENTREPRENEURSHIP.

NEIGHBORHOODS IN HOUSING ENCOURAGES MIXED-USE DEVELOPMENT AND NEIGHBORHOOD-FRIENDLY COMMERCIAL USES THAT SERVE LOCAL NEEDS, AND HISTORIC PRESERVATION, BECAUSE THIS IS A HISTORIC BUILDING, SO ADAPTING IT TO CONTEMPORARY USE IS ALWAYS A WORTHWHILE PRESERVATION GOAL.

I JUST THINK THAT A SMALL CAFE HERE IS BOTH COMMUNITY-FOCUSED AND HAS SOME CITYWIDE BENEFITS, AND WOULD HOPE THAT YOU WOULD BE ABLE TO DO THIS, BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE FOR ME.

>> ANY QUESTIONS FOR THE APPLICANT? HOW BIG SO YOU'RE SAYING IT'S JUST HALF OF THE BUILDING?

>> YES.

>> HOW BIG IS THE PROPOSED RESTAURANT? SQUARE FOOT-WISE; DO YOU HAVE ANY IDEA?

>> MY MEMORY IS SO BAD.

I'M GOING TO SAY MAYBE 2,500 SQUARE FEET.

>> YEAH, THE WHOLE BUILDING LOOKS LIKE IT MIGHT BE 2,500.

BUT YOUR REQUEST IS SPECIFICALLY JUST FOR THAT HALF OF THE BUILDING, OR IS YOUR REQUEST FOR THE WHOLE?

>> IN THE PUD APPLICATION, THERE'S ACTUALLY A COPY OF THE SITE PLAN THAT SHOWS WHICH PART OF THE BUILDING WE'RE IN.

>> IT'S GOING TO BE A FAIRLY SMALL CAFE WITH MAYBE A HALF A DOZEN TABLES.

WOULD THAT BE A FAIR ASSESSMENT?

>> CLOSER TO A DOZEN TABLES.

>> OKAY. SO 10-12.

THIS IS A STAFF THING TOO.

WHAT ABOUT PARKING FOR YOUR PATRONS?

>> AS YOU SEE THE BUILDING THERE TO THE RIGHT IS A BIG PARKING LOT THAT PROVIDES PARKING FOR ALL OF THE APARTMENTS AND FOR THE RETAIL SPACE THAT'S HERE.

>> OKAY.

>> THE EXISTING PARKING LOT IS A GREAT BENEFIT.

HOWEVER, THE UN DISTRICT DOES NOT HAVE ANY PARKING REQUIREMENT.

>> OKAY. THOUGH THEY HAVE SOME.

>> YEAH. THEY COULD HAVE SOME, BUT PUD IS NOT REQUIRED.

>> THAT'S GOOD. THAT'S ALL I HAVE.

ANYBODY ELSE? THANK YOU.

>> THANK YOU.

>> WE'LL OPEN IT UP FOR A PUBLIC HEARING IF YOU'D HEAR AND YOU'D LIKE TO SPEAK. YES, MA'AM.

WE'LL LET YOU COME FORWARD, SIGN IN, STATE YOUR NAME.

YOU'RE GOING TO BE GREAT, AND I APPRECIATE YOUR PATIENCE.

JUST REMEMBER, IF YOU ASK US A QUESTION, WE CAN'T ANSWER YOUR QUESTION, BUT WE CAN PROBABLY FIND SOMEBODY WHO WILL.

>> I KNOW THIS IS WEIRD BUT I WILL ASK MY QUESTION. MY FIRST ONE.

MY NAME IS HEIDI HARRALSON. I LIVE IN 3817. IT'S JUST RIGHT ACROSS.

I'M HERE AND IT'S GOT THIS BIG VACANT LOT, WHICH THEN THAT'S BEEN THERE SINCE AS LONG AS I'VE OWNED IT, MY HOME, I'VE OWNED IT SINCE 1987.

IT HAS BEEN SOME NICE LITTLE RETAIL SHOPS.

THERE WAS AN ART GALLERY THERE.

THEY JUST MOVED OUT.

I'M ALMOST POSITIVE THAT THE GUY WHO BOUGHT IT CAME FROM BOSTON OR WHATEVER, HE BOUGHT THAT WHOLE AREA.

I GUESS MAYBE HE WANTS TO MAKE THE OTHER SIDE OF RESTAURANT. IT'S TEEN.

IT'S LIKE YOU TAKE THIS AND YOU GO BACK TO THAT WALL, AND THAT'S IT.

I DON'T KNOW HOW YOU'RE GOING TO GET A LOT OF TABLES IN THERE.

THEN THERE'S MANUALS AND HE'S BEEN THERE A WHILE, HE'S THE BODY SHOP, AND THEN RIGHT AROUND THE CORNER IS A BAR.

PEOPLE WANT TO DRINK ALCOHOL, ALL YOU HAVE TO DO IS WALK A FEW MORE STEPS.

I THINK IT'S WEIRD THAT HE WANTS TO JUST DO HALF.

I THINK IT DEFINITELY NEEDS REPAIR TO LOOK BETTER.

BUT IT'S BEEN THE ART GALLERY BEFORE THAT, I THINK IT WAS ONE WHO HELPED YOU WITH CRUISES.

IT'S ALWAYS HAD SOMETHING.

SOMETIMES, ACTUALLY, BOTH OF THEM HAD LITTLE THINGS GOING ON.

RIGHT ABOVE THE ONE ON THE RIGHT, THEY'VE CONVERTED THAT INTO

[01:25:01]

THE CUTEST LITTLE PLACE TO STAY FOR THE WEEKEND. I'VE SEEN THAT.

I'M INDIFFERENT ABOUT THE RESTAURANT, BUT I JUST THINK THAT'S SUCH A SMALL OF A RESTAURANT.

IF YOU REALLY WANTED TO MAKE SOMETHING NICE, WHY WOULD YOU JUST TAKE ALL OF THE BOTTOM? BECAUSE THE GALLERY'S MOVED OUT.

TO ME, JUST TO HAVE THAT LITTLE HOLE IN THE WALL.

I DON'T KNOW IF THAT'S REALLY ADDING ANY ADVANTAGE.

AS FAR AS THE PARKING, I HAVE A HARD TIME PARKING IN MY PLACE BECAUSE ALL THAT GETS FILLED BY HIS PEOPLE. HE ACTUALLY COMES OUT.

IF I EVER WANT TO PARK THERE BECAUSE ALL THE SIDES FILLED BECAUSE PARKING IS AN ISSUE SOMETIMES IN GALVESTON.

HE'LL SAY, HE'LL KICK ME OUT SO YOU GOT TO GO BACK THERE.

SO THAT GETS EASILY FILLED JUST WITH THE PEOPLE THAT LIVE AROUND.

I DON'T KNOW. I WAS ONE OF THE PEOPLE THAT RESPONDED NO.

>> WELL, I APPRECIATE YOU COMING.

WE APPRECIATE YOUR COMMENTS. THANK YOU VERY MUCH.

ANYBODY ELSE LIKE TO SPEAK ON THIS ITEM? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING BRING THIS BACK TO COMMISSION FOR ACTION. YES, MA'AM.

>> I MAKE A MOTION THAT WE APPROVE 24P-038.

>> I SECOND.

>> WE HAVE A MOTION AND A SECOND FOR APPROVAL.

IS THERE ANY DISCUSSION? SEEING NONE, WE'LL TAKE THE VOTE, THOSE IN FAVOR OF APPROVAL, AND THAT'S UNANIMOUS. THAT'S GOOD.

>> I LIKE TO MAKE A RECORD OF THAT.

[BACKGROUND]

>> THANK YOU, ADRIEL. IF THERE'S NO OTHER BUSINESS, WE'LL BE ADJOURNED. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.