Oct 22, 2024 Planning Commission

[00:00:03]

ALL RIGHT. WE'RE GOOD. ALL RIGHT.

THANK YOU. ALL RIGHT.

[1. Call Meeting To Order]

APPRECIATE YOUR PATIENCE.

AND WE'VE TAKEN ATTENDANCE.

WE HAVE A QUORUM.

AND ARE THERE IS THERE ANY CONFLICT OF INTEREST? SEEING NONE.

THIS IS THE CHANCE.

IF YOU'RE HERE AND WOULD LIKE TO MAKE A COMMENT ON A NON AGENDA ITEM, THIS IS YOUR CHANCE TO COME ADDRESS THE COMMISSION.

DOES ANYBODY HERE LIKE TO SPEAK? SEEING NONE WE'LL MOVE ON.

NEW BUSINESS.

[5.A.1. 24BF-056 (11361 Beachside Drive) Request For Beachfront Construction Certificate And Dune Protection Permit To Include Proposed Construction Of A Large-Scale SingleFamily Residence With Unreinforced Fibercrete Paving Beneath The Habitable Structure, An Unreinforced Fibercrete And Paver Driveway, And An Elevated Swimming Pool. Property Is Legally Described As Lot 901, Beachside Village, Section 9 (2024) A Subdivision In The City And County Of Galveston, Texas. Applicant: Cate Black Property Owner: Guillermo Borda And Laura Maria Raley-Borda]

GOOD AFTERNOON, PLANNING COMMISSIONERS.

THANK YOU FOR YOUR TIME.

THIS IS A REQUEST TO CONSTRUCT A LARGE SCALE SINGLE FAMILY RESIDENCE WITH UNREINFORCED FIBER, CREEK PAVING BENEATH THE HABITABLE STRUCTURE AND UNREINFORCED FIBER CREEK AND PAVER DRIVEWAY AND AN ELEVATED SWIMMING POOL.

THE ADDRESS IS 11361 BEACHSIDE DRIVE.

THE PROPERTY IS LEGALLY DESCRIBED AS LOT 901 BEACHSIDE VILLAGE.

SECTION NINE, 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 LOCATED TO THE EAST OR TO THE WEST OF THE OF THE SUBJECT PROPERTY.

A BEACH AND DUNE SYSTEM IS LOCATED TO THE SOUTH OF THE SUBJECT PROPERTY.

ACCORDING TO THE BUREAU OF ECONOMIC GEOLOGY, THE AREA IS ERODING AT A RATE OF 8 TO 9FT PER YEAR.

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

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

NEXT ON THE NEXT SLIDE IS THE PROPERTY SURVEY ON THE LEFT AND ZOOMED IN ON THE RIGHT TO SHOW BETTER CLARITY.

THE NORTH TOE OF THE DUNE IS 25FT FROM THE PROPOSED STRUCTURE, AND 88FT FROM THE FROM THE LINE OF VEGETATION.

NEXT. ON THE NEXT.

NEXT SLIDE SHOWS AN IMPERVIOUS PERVIOUS MAP THAT IS REQUIRED FOR LARGE SCALE PROJECTS.

THE AREA IN BLUE INDICATES THE GROUND FLOOR THAT IS IMPERVIOUS.

ALL OTHER SURFACES ARE CONSIDERED IMPERVIOUS.

ALL OTHER SURFACES ARE CONSIDERED PERVIOUS, AS INDICATED ON THE SLIDE.

THE PROJECT IS AT 29.8%, WHICH IS UNDER THE 40% THRESHOLD OF THE IMPERVIOUS ON THE SITE.

NEXT NEXT SLIDE IS THE PROPOSED DRAINAGE PLAN.

NO SWELLS ARE TO BE BUILT WITHIN THE DUNE CONSERVATION AREA.

NEXT SLIDE IS THE PROPOSED SITE LAYOUT AND PILING PLAN.

NEXT IS A DRIVEWAY LAYOUT INDICATING THE USE OF FIBER AND PERMEABLE PAVER BORDER.

AVAILABLE PARKING IS ALSO SHOWN.

NEXT. THIS IS JUST A GENERAL LAYOUT OF THE POOL.

TO THE TO THE LEFT HAND SIDE OF THE SLIDE.

THE FOLLOWING SLIDES ARE THE EXTERNAL ELEVATION VIEW FROM THE NORTH, EAST, SOUTH, AND WEST.

THE NEXT SLIDE INCLUDES A ZOOMED IN CROSS SECTION VIEW OF THE PROPOSED POOL.

AND THEN FINALLY WE HAVE SIX PHOTOS OF THE SITE LOOKING NORTH, LOOKING EAST, LOOKING SOUTH, LOOKING WEST.

THIS IS A PHOTO OF THE LINE OF VEGETATION POST TROPICAL STORM ALBERTO.

AND THEN THIS IS A PHOTO OF THE LINE OF VEGETATION AFTER HURRICANE BERYL.

THIS CONCLUDES STAFF REPORT, AND I THANK YOU FOR YOUR TIME.

THANK YOU, KYLE. IS THERE ANY ARE THERE ANY QUESTIONS FOR STAFF? I HAVE ONE KYLE. SO WHEN WE DO SWIMMING POOLS, THE BOTTOM OF THE POOL STRUCTURE IS REQUIRED TO BE? YES. IS IT SO? IF IT'S A HOUSE, I THINK IT'S 18IN ABOVE THE BACK OF THE POOL.

SO THE POOL IS THE SAME.

IT HAS TO BE 18IN.

THE FIRST STRUCTURE HAS THE HORIZONTAL STROKE, HAS TO BE 18 INCHES ABOVE THE BASE FLOOD ELEVATION.

OKAY. SO THAT WE, YOU KNOW, IT'S BEEN CLARIFIED THROUGH THE FLOODPLAIN ADMINISTRATOR AND ALL THAT.

PERFECT. ALL RIGHT. THANK YOU, KARL.

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

IS THE APPLICANT PRESENT? HI. MY NAME IS KATE BLACK.

I'M THE ARCHITECT, AND I'M HERE AS THE CLIENT REPRESENTATIVE.

THANK YOU ALL FOR REVIEWING THIS AND FOR YOUR TIME.

IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ASK.

THANK YOU. IF YOU DON'T MIND, WOULD YOU PLEASE SIGN IN FOR US? ARE THERE ANY QUESTIONS FOR THE APPLICANT? AND I'M JUST ONE COMMENT IS AND I THINK THEY'VE ADDRESSED IT.

WE'VE SEEN A NUMBER OF THESE WITH THE POOL AND JUST WANT TO MAKE SURE THAT AND IT LOOKS LIKE IT IS ON THE PLANS WHERE YOU GUYS KNOW YOU GOT TO BE ABOVE THE

[00:05:05]

YES, BUT I THINK YOU GUYS HAVE ADDRESSED THAT.

THIS IS THE SECOND CONCRETE ELEVATED POOL THAT I'VE DONE.

SO WE WENT BY THE SAME AWESOME STANDARDS.

IT'S NOT A VERY DEEP POOL I NOTICED THAT.

SO OKAY.

ANY OTHER QUESTIONS? ALL RIGHT. SEEING NONE. THANK YOU MA'AM.

THANK YOU. WOULD ANYBODY ELSE LIKE TO MAKE ANY COMMENTS OR ON THIS CASE? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE COMMISSION FOR ACTION.

I MOVE THAT WE APPROVE 24BF056 ACCORDING TO STAFF RECOMMENDATIONS.

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

24BF-056 WITH STAFF RECOMMENDATIONS.

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

THOSE IN FAVOR? AND THAT IS UNANIMOUS.

24 BF 056 IS APPROVED.

NEXT IS TEXT AMENDMENT 24ZA-006.

[5.B.1. 24ZA-006 Request For A Text Amendment To The Galveston Land Development Regulations, Article 6, Sec 6.205, To Amend Requirements Of The Guarantee Of Infrastructure Improvements. Applicant: Development Services Department]

GOOD AFTERNOON, TIM TIETJENS, THE DIRECTOR OF DEVELOPMENT SERVICES.

I APPRECIATE YOUR TIME.

WHAT THIS IS THIS IS A TEXT AMENDMENT THAT THAT ADDRESSES A SECTION IN OUR LDR RELATED TO FISCAL SECURITY.

WHEN A SUBDIVISION THAT REQUIRES INFRASTRUCTURE IS PLATTED AND IT'S GOING THROUGH THAT PROCESS.

WE'VE BEEN IN CONSULTATION WITH A, A DEVELOPER WHO WHO HAS VOICED SOME CONCERNS ABOUT THE CLARITY OF THIS SECTION OF THE ORDINANCE AND STAFF FELT, WE AGREED THAT IT COULD USE FURTHER CLARIFICATION.

WHAT YOU'RE SEEING IN FRONT OF YOU IS AN AMENDED ORDINANCE.

THAT REPLACES THE STAFF REPORT.

WE'VE ACTUALLY TWEAKED A LITTLE BIT FURTHER SINCE THE STAFF REPORT WAS GENERATED.

SO PLEASE REFER TO THE ORDINANCE ITSELF.

BUT I'M GOING TO STILL GO THROUGH THE STAFF REPORT AS WE TALK ABOUT THIS.

SO CITY REQUIRES DEVELOPERS TO SUPPLY GUARANTEE OF FINANCIAL SECURITY TO BASICALLY MANDATE THE CONSTRUCTION OF THE REQUIRED INFRASTRUCTURE WHEN A SUBDIVISION IS PLATTED.

HOWEVER, THAT AMOUNT DEPENDS UPON THE VARIOUS TIMING OPTIONS THAT ARE CHOSEN BY THE DEVELOPER AS TO WHEN THEY CONSTRUCT THAT INFRASTRUCTURE AND SO THE PRESS, THE PROCESS HERE SORT OF IS CONTEMPLATED, CONTEMPLATIVE OF THOSE OPTIONS.

SO WHAT I'M GOING TO DO IS KIND OF GO OVER WHAT HAPPENS WHEN A DEVELOPER GOES THROUGH THE PROCESS AND HAS THE MONEY RIGHT UP FRONT TO, TO GET THIS DONE.

AND THEN WE'LL, WE'LL TALK ABOUT THE ALTERNATIVE SCENARIOS AS WELL HERE IN JUST A SECOND.

SO THE OVERVIEW OF THE GENERAL PROCESS IS THAT THE SUBDIVISION PLAT IS IT'S APPROVED IN CHRONOLOGICAL PHASES AFTER CERTAIN THINGS ARE DONE. OBVIOUSLY PRE-DEVELOPMENT IS SORT OF THAT FIRST PHASE WHERE STAFF DISCUSSES WITH THE DEVELOPER WHAT THEY INTEND TO DO.

THEY COME IN THEN WITH A PRELIMINARY PLAT BASED UPON THAT DISCUSSION FOR CONDITIONAL REVIEW AND APPROVAL TO YOU ALL, YOU ARE THE AUTHORITY UNDER TEXAS STATE LAW THAT APPROVES PLATS.

SO THE DEVELOPER ALSO MAY ELECT TO GEOGRAPHICALLY SEGREGATE APPLIED INTO SECTIONS, GEOGRAPHICAL SECTIONS AS WELL. AND THERE'S THAT THAT HAS ITS OWN POSITIVES AND NEGATIVES ALONG WITH IT.

BUT THAT'S CERTAINLY AN OPTION TO GEOGRAPHICALLY SEGREGATE A PLAT.

FOLLOWING THAT PRELIMINARY PLAT APPROVAL, THE DEVELOPER BEGINS THE ENGINEERING AND CONSTRUCTION PLAN PHASE.

OKAY. AND THIS IS WHERE THE DEVELOPER STARTS REALLY INCURRING, YOU KNOW, SOME, SOME EXPENDITURE.

AND THEY FINALIZED THE CONSTRUCTION PLANS IN ACCORDANCE WITH THE CITY STANDARDS AND PER APPROVAL, THE PUBLIC WORKS DEPARTMENT. AND THEN DEPENDING ON WHAT HAPPENS IF THEY WANT TO.

WELL, BEFORE I GET TO THE FINAL PLAT RECORDING PHASE, LET ME, LET ME TALK ABOUT IT AS IF THE DEVELOPER HAD ALL THE MONEY RIGHT UP FRONT TO DO THIS.

AND THEN WE'LL CONTRAST THAT WITH WHAT WE'RE TALKING ABOUT HERE.

[00:10:01]

AND THEY HAVE THEY THE DEVELOPER HAS THREE YEARS TO CONSTRUCT THE INFRASTRUCTURE.

THE PUBLIC WORKS DEPARTMENT INSPECTS TO CONFIRM COMPLIANCE AND ADEQUACY DURING CONSTRUCTION.

THEN THERE'S A LETTER ISSUED AFTER THE FINAL INSPECTION.

AND AT THAT POINT, THEN THE COUNCIL ACTION IS SCHEDULED TO ACCEPT THE SUBDIVISION FOR PERMANENT MAINTENANCE.

THAT IS TO SAY, YOU KNOW, THE PLAT DEDICATES THE RIGHT OF WAY.

THE DEVELOPER GETS OUT THERE AND BUILDS THE INFRASTRUCTURE, DEDICATES IT, YOU KNOW, IN THE PLAT, OBVIOUSLY.

AND THEN AND THEN IT'S TURNED OVER TO THE CITY FOR ACCEPTANCE, FOR PERMANENT MAINTENANCE THEREAFTER.

NOW THERE IS A WARRANTY PERIOD AS WELL.

BUT THAT'S SORT OF A SEPARATE ISSUE.

ALL RIGHT. SO AFTER THAT, THAT PERMANENT MAINTENANCE IS ACCEPTED BY CITY COUNCIL.

ONE OF THE OPTIONS IS THAT THE FINAL PLAT IS FILED AT THAT POINT IN TIME AFTER THAT ACCEPTANCE.

AND THEN, OF COURSE, ONCE THE FINAL PLAT IS RECORDED WITH THE COUNTY CLERK, THAT'S WHEN CONVEYANCE OF LOTS CAN BEGIN.

THE DEDICATION IS, IS ENABLED AND THE SUBSEQUENT BUILDING PROGRAMS CAN BEGIN.

SO CONTRAST THAT TO A SITUATION WHERE A DEVELOPER IN OUR ORDINANCE IS CURRENTLY ALLOWED TO GET TO THE POINT WHERE THEY RECORD THAT FINAL PLAT, BUT THERE'S NO, THAT'S WHEN THIS OFFICIAL FISCAL SECURITY REQUIREMENT KICKS IN.

BECAUSE OBVIOUSLY, AT THAT POINT IN TIME WHEN THE PLAT IS RECORDED, THE CITY NEEDS ASSURANCES THAT THAT WILL BE COMPLETED.

SO THE FISCAL SECURITY OPTION, THERE IS ONE IN WHICH THE DEVELOPER SAY, FOR EXAMPLE, RIGHT.

AS SOON AS THE AS THE SUBDIVISION CONSTRUCTION DRAWINGS ARE APPROVED, THEY COULD FILE THAT PLAT AND THEY'D HAVE TO PUT UP 100% BECAUSE NO INFRASTRUCTURE IS COMPLETED.

IF AT SOME POINT DURING THE DEVELOPMENT THEY CHOOSE TO RECORD THE PLAT PARTWAY IN TO THAT CONSTRUCTION, THEN WE WOULD HAVE TO ASSURE THAT WHATEVER REMAINS HAS FISCAL SECURITY WITH IT, WHETHER THAT'S A BOND OR A LETTER OF CREDIT OR ETC..

AND SO THAT'S REALLY WHAT THIS DOES, WHAT THIS, THIS ORDINANCE DOES, IT SORT OF RECOGNIZES THOSE KIND OF NUANCED OPTIONS THAT A DEVELOPER HAS FOR WHEN THEY PREPARE THEIR SUBDIVISION AND CONSTRUCT IT.

SO I'M KIND OF CALLING TO YOUR ATTENTION, IF YOU'RE LOOKING AT THE ORDINANCE THAT'S BEFORE YOU.

THE THING THAT WE'VE ADDED SINCE THIS WAS FIRST PREPARED IS THAT FIRST SECTION UNDER FISCAL SECURITY, BE IN THE IN THE EVENT THAT SOME PORTION OF THE REQUIRED INFRASTRUCTURE IS CONSTRUCTED PRIOR TO A REQUEST FOR RECREATION OF THE FINAL PLAT, THAT AMOUNT OF FISCAL SECURITY PROVIDED SHALL BE APPROXIMATELY EQUAL TO THE VALUE OF THE INFRASTRUCTURE REMAINING TO BE COMPLETED.

OKAY. THAT THAT BASICALLY IS SAYING THAT, YOU KNOW, IF THEY HAVE SOME PORTION OF IT DONE, THEN WE ONLY WOULD REQUIRE FISCAL SECURITY FOR WHAT REMAINS TO BE DONE.

THAT THAT, YOU KNOW, THE PUBLIC WORKS DEPARTMENT HASN'T YET FULLY INSPECTED, APPROVED AND GONE THROUGH THE PROCESS.

OTHERWISE, YOU KNOW, AGAIN, IF THEY WERE TO PREPARE ALL THAT INFRASTRUCTURE UP FRONT BEFORE RECORDING THE PLAT, WHICH IS AN OPTION, THEY DON'T HAVE TO PROVIDE ANY OF THAT FISCAL SECURITY.

THE FISCAL SECURITY COMES IN WHEN AT SOME POINT THEY DECIDE TO RECORD THE PLAT PRIOR TO FINALIZING THAT INFRASTRUCTURE.

OKAY. IT'S A CONFUSING PROCESS, AND I'M EXPECTING QUESTIONS ABOUT THIS, BUT SO WHAT WE DO IN THIS ORDINANCE THEN IS BASICALLY CREATE A PROCESS FOR IF IT'S A PORTION OR IF IT'S A RETURN OF FISCAL SECURITY THAT YOU KNOW, THAT THEY WANT TO SORT OF WRITE IT DOWN EVEN FURTHER.

LET'S SAY, FOR EXAMPLE YOU KNOW, THEY HAVE $7 MILLION PROJECT AND THEY DO $4 MILLION WORTH OF IMPROVEMENTS RIGHT UP FRONT. THEN THEY DECIDE TO RECORD THAT PLAT.

[00:15:03]

AND AS I'VE BEEN DESCRIBED YOU KNOW, THE FINANCIAL IMPLICATIONS FOR THIS, FOR THE DEVELOPER ARE SOMEWHAT STEEP IN THAT THEY HAVE TO LITERALLY GET OUT THERE AND BUILD THE INFRASTRUCTURE, EXPEND ALL THAT MONEY AND BOND ITS VALUE.

SO IT'S ALMOST LIKE A DOUBLE HIT.

AND SO, YOU KNOW, THAT'S WHY THIS IS AN IMPORTANT TEXT AMENDMENT TO, TO MOVE THROUGH SO THAT THE DEVELOPMENT COMMUNITY CAN HAVE SOME ASSURANCES YOU KNOW, THAT THEY'RE NOT GOING TO EXPEND TOO MUCH.

THE PROCESS HERE BASICALLY ALLOWS FOR, FOR CERTAIN OTHER THINGS FOR FURTHER REDUCTIONS.

IF, FOR EXAMPLE, THEY, THEY, THEY BUILT THAT $4 MILLION WORTH, THEY HAD 3 MILLION TO GO AND THEY HAVE, SAY, SOME KIND OF SEGREGATED PLAT WHERE THEY'RE YOU KNOW, IN A PHASE OR THE PUBLIC WORKS DIRECTOR HAS DEEMED A CERTAIN PORTION OF AN EXISTING PHASE TO BE RENDERED APPROPRIATE OR ACCEPTABLE, BUT NOT YET ACCEPTED BY THE, BY THE CITY COUNCIL. THEN THERE CAN ALSO BE A REDUCTION.

IT'S BASICALLY TRYING TO KEEP THE EXPENDITURES OF THE DEVELOPER EQUAL TO THE INFRASTRUCTURE REMAINING SO THAT IT, IT COMES DOWN AS THEY'RE PROGRESSING, SAVES THEM MONEY IN THE END.

DOESN'T REALLY COST THE CITY ANYTHING, OF COURSE, EITHER, EXCEPT THAT YOU KNOW, WE'RE BEING FRIENDLY TO THE DEVELOPMENT COMMUNITY.

SO THAT'S REALLY THE INTENT BEHIND THIS.

I'M EXPECTING QUESTIONS, SO FIRE AWAY.

ALL RIGHT. I'LL THROW SOME OUT TO YOU.

SO IT LOOKS TO ME THAT YOU'RE TRYING TO GIVE.

DEVELOPERS KIND OF AN EITHER OR OPTION.

SOME GUY SHOWS UP AND LET'S JUST.

LET'S JUST PICK A PROJECT.

LET'S JUST SAY THE PROJECT'S FIVE MILLION BUCKS OF IMPROVEMENTS.

SO HE'S COME TO US, HE'S GOTTEN HIS PRELIMINARY PLAT.

HE'S GOT HIS ENGINEER TO PREPARE CONSTRUCTION DOCUMENTS.

THOSE HAVE BEEN APPROVED.

SO HE STARTS CONSTRUCTION.

AND LET'S SAY HE GETS TWO AND A HALF.

MILLION DOLLARS OF HIS INFRASTRUCTURE IN.

HE COULD THEN COME TO YOU GUYS INSTEAD OF.

GOING ALL THE WAY TO THE END.

HE THEN HAS THE OPTION TO COME AND SAY, HEY, LOOK, I'VE GOT.

HALF OF THIS DONE.

PUBLIC WORKS HAS COME AND THEY'VE INSPECTED HALF.

SO LET'S JUST SAY HE'S DONE IT WHERE HE'S GOT HALF OF HIS SUBDIVISION DONE.

BASICALLY, HE COULD COME AND GO, HEY, I WANT TO OFFER UP A, YOU KNOW, SOME SORT OF FISCAL GUARANTEE THAT HE'S GOING TO COMPLETE THE PROJECT.

BUT WHAT IT LETS HIM DO IS, IS KIND OF OPEN UP A SECTION OF HIS DEVELOPMENT WHERE HE CAN POSSIBLY START CONVEYING LOTS.

IS THAT A FAIR? IS THAT WHAT WE'RE TRYING TO GET TO SO THAT HE CAN FOR THAT, FOR THAT PORTION? YES. FOR THE PORTION THAT'S BEEN PAID FOR, INSPECTED AND APPROVED.

BUT THEN THE QUESTION IS, IS HOW WOULD YOU APPROVE THE PLATTING OF THOSE? WELL, IF HE PUTS UP HIS FISCAL COLLATERAL, LET'S JUST CALL IT THAT.

THEN HE CAN MOVE FORWARD AND GET HIS PLAT APPROVED.

THE FINAL PLAT THEN IS RECORDED IS RECORDED.

SO THEN HE CAN CONVEY LOTS.

CORRECT? OKAY, SO I THINK I GET ALL THAT I DO HAVE ONE QUESTION.

SURE. HAVE YOU GUYS THOUGHT ABOUT PUTTING A NUMBER ON THIS SO THAT YOU DON'T HAVE SOMEBODY COME IN AND THEY HAVE A DEVELOPMENT THAT HAS JUST, SAY, $1 MILLION WORTH OF IMPROVEMENTS, AND YOU'RE GOING TO LET THEM GO DO HALF $1 MILLION WORTH OF.

I MEAN, IT KIND OF WORKS THE SAME WAY.

I COULD SEE WHERE THIS IS A REALLY GOOD IDEA ON PERHAPS A LARGER SCALE DEVELOPMENT, BUT WHERE IT'S SOMETHING THAT'S THE INFRASTRUCTURE IS, LET'S SAY, LESS THAN A MILLION BUCKS.

I DON'T KNOW. I'M JUST ASKING YOU THAT QUESTION.

AND IT'S JUST REALLY AN IDEA.

AND QUITE FRANKLY, I HAVEN'T BEEN HERE, BEEN HERE, BUT I'VE MUDDLED THROUGH SOME OF THIS STUFF IN THE PAST, AND I THINK IT'S A GREAT WHAT YOU'RE DOING, AND ESPECIALLY NOW THAT YOU'VE KIND OF CLARIFIED IT, BUT I'M JUST KIND OF THROWING OUT THE.

SO THERE IS A CIRCUMSTANCE THIS THIS IS ALLOWABLE TO ANY DEVELOPER THAT HAS A RIGHT, A SET OF INFRASTRUCTURE THAT'S BEEN ALREADY APPROVED.

AND THEY'RE BEGINNING TO BUILD IT.

IT'S NOT LIKELY, HOWEVER, THOUGH, THAT, THAT A DEVELOPER OF A SMALL PROJECT WOULD REALLY NEED TO SEGREGATE.

[00:20:02]

YEAH. IT REALLY IT REALLY DOES IT.

I THINK AT THAT POINT AT A CERTAIN POINT, IT JUST DOESN'T BECOME VERY EFFECTIVE FOR ANYBODY.

IT'S A LOT OF WORK TO, YOU KNOW, TO, TO GO THROUGH THE PROCESS OR NOT A LOT, BUT IT'S, IT'S A BIT OF WORK TO GO THROUGH THAT PROCESS.

AND IF, IF IT'S A, IT'S A SIGNIFICANT PLAT THAT IS SEVERAL MILLION DOLLARS, I THINK CLEARLY THERE'D BE A MUCH GREATER, YOU KNOW, DESIRE TO REDUCE THE CAPITAL EXPENDITURES AND THE FINANCE COSTS THAT GO ALONG WITH THAT, RESERVING THAT AMOUNT OF MONEY.

AT A SMALLER SCALE, WE STILL TECHNICALLY COULD DO IT, BUT I THINK IN THOSE CASES WE PROBABLY WOULD, YOU KNOW, SET UP A MEETING WITH THE PUBLIC WORKS DEPARTMENT, JUST SEE WHAT MADE SENSE.

IF YOU KNOW, IF IT WAS A SMALL ENOUGH PROJECT, WE'D PROBABLY JUST RECOMMEND THEY JUST PROCEED FORWARD.

IF IT WAS LARGER, WE WE'D SORT OF WORK IT OUT.

THIS GIVES THE CITY THE OPTION TO ENTERTAIN THOSE DIFFERENT OPTIONS.

OKAY, I THINK I UNDERSTAND.

ANY QUESTIONS? PRIOR TO THE LDR BEING ADOPTED IN 2015, WAS THERE A REQUIREMENT FOR PHYSICAL SECURITY? I DON'T KNOW THE ANSWER TO THAT.

CATHERINE, DO YOU REMEMBER, WAS THERE A REQUIREMENT FOR PHYSICAL SECURITY PRIOR TO THE LDR BEING ADOPTED? NO THERE WASN'T, THERE WASN'T.

IT WAS NEW IN THE LDR. OKAY.

BUT THERE WERE PROBABLY LIKELY MAINTENANCE BONDS AND CONSTRUCTION BONDS THAT WERE REQUIRED THROUGH THE BUILDING DEPARTMENT.

ET CETERA. SO. OKAY.

THERE WERE DEFINITELY SOME SORT OF WARRANTIES THAT THE CITY WOULD NEED FOR, AT LEAST IN THIS CASE, LARGE SCALE CONSTRUCTION PROJECTS.

OKAY. AND RECALL THAT THIS THIS IS SEPARATE FROM THE WARRANTY PROVISIONS, THAT THERE'S A TWO YEAR WARRANTY PROVISION THAT'S SEPARATE FROM THE GUARANTEE OF SITE INFRASTRUCTURE IMPROVEMENT COSTS. THAT'S JUST A LITERALLY A WARRANTY OF THE WORK.

SO BUT, YOU KNOW, IN 2015, AT LEAST, IT WAS FORMALIZED SOMEWHAT.

THIS THIS PROVIDES A LITTLE BIT MORE CLARITY ON, ON ON THE DIFFERENT VARIOUS OPTIONS.

KEEP IN MIND THIS IS WHERE WE HAVE PUBLIC STREETS, PUBLIC INFRASTRUCTURE.

SO IF IT'S PRIVATE STREETS, PRIVATE INFRASTRUCTURE THIS IS IT'S A DIFFERENT GAME.

SO JUST. WELL THAT'S TRUE TO TO A DEGREE.

IT'S STILL BUILT TO THE SAME STANDARD.

STANDARD. YES.

BUT IT'S BUT THE CITY'S NOT ACCEPTING IT AS SUCH.

THAT'S RIGHT. SO THERE'S NO WARRANTY PERIOD.

THERE'S. WELL, IT'S I'M.

I'M MUDDYING UP THE WATER.

SORRY I DID. WE'RE NOT TOUCHING THE WARRANTY.

YEAH. PORTION OF THIS AT ALL.

THAT'S THAT REMAINS AS IS.

BUT THIS WOULD BE WHERE SOMEBODY'S BUILDING A PUBLIC STREET THAT THE CITY IS GOING TO ACCEPT.

SO. YES, TOM.

IF SO I SEE THAT.

THEN ON PAGE FIVE, THERE'S A SECTION.

WE ADD NUMBER EIGHT.

IN SECTION TWO, IT SAYS UNDER CIRCUMSTANCE OF A PARTIAL REDUCTION IN FISCAL SECURITY THE TWO YEAR MAINTENANCE AND WARRANTY PERIOD SHALL BEGIN AFTER COMPLETION OF THE ENTIRETY OF THE INFRASTRUCTURE. PUBLIC IMPROVEMENTS.

YEAH. SO IF SOMEBODY WERE TO COMPLETE HALF OF THEIR DEVELOPMENT AND THEN THAT, THEN THEY DON'T COMPLETE THE REST OF IT FOR TEN YEARS, THEY WOULDN'T HAVE TO PUT FORWARD ANY SORT OF WARRANTY AROUND THAT.

WELL, SO THAT'S A GREAT QUESTION.

I THINK IN THOSE CIRCUMSTANCES, IF IT'S IF IT'S NOT A PLAT THAT'S LITERALLY SEGREGATED BY A GEOGRAPHICAL SECTION WHERE YOU CAN DIFFERENTIATE.

IT WOULD, IT WOULD FALL BACK TO OUR REQUIREMENTS THAT CALL FOR CONSTRUCTION WITHIN THREE YEARS.

GOTCHA. OKAY. THANK YOU.

WELL, AND IT ALSO BECAUSE WE'RE GOING TO IF THEY DO PART OF IT EARLY, YOU'RE KIND OF ALMOST GETTING A GUARANTEE THAT THEY ARE GOING TO FINISH BECAUSE THAT THEY'VE EXPENDED THE MONEY, THEY'RE HAVING TO SPEND THE MONEY.

AND THEY ALSO HAVE, YOU KNOW, THEIR FISCAL SECURITY UP THAT THEY'RE NOT GOING TO GET BACK UNTIL IT'S FINISHED.

SO. RIGHT. THANK YOU.

MAY I SO IN THE EVENT WE HAVE A PERSON THAT STARTS THIS PROCESS FINISHES A SECTION, GOES BANKRUPT, AND CONSTRUCTION IS HALTED, YOU'VE ALREADY ACCEPTED THESE PLACES, THIS SECTION, THIS PLAT, IT'S READY TO GO, BUT YOU'RE NOT GETTING ANY TAX TAXING FROM BECAUSE THERE'S NO HOUSING UNITS ON IT OR ANYTHING. SO IT'S THE RESPONSIBILITY OF THE CITY NOW FOR THE MAINTENANCE OF THOSE STREETS AND UTILITIES TO THE EXTENT THAT THEY'VE BEEN ACCEPTED.

YES, IT'S BEEN ACCEPTED, BUT THERE IS NO INCOME AS FAR AS TAXING INCOME COMING IN.

[00:25:07]

I MEAN, SOMEONE'S GOING TO BE IN RECEIVERSHIP OF THE PROPERTY AND IS GOING TO BE AWARE OF ITS VALUE AND ESPECIALLY THE FACT THAT THERE'S LOTS ON THE GROUND.

AND IN THOSE CASES, I WOULD THINK THEY WOULD PROBABLY TURN IT OVER PRETTY QUICKLY.

THE FORFEITURE BOND WOULD STILL BE WOULD THEY BE FORFEITED? NO, THAT WOULD BE OUR YEAH, THAT WOULD BE OUR REMEDY THEN TO COMPLETE THE INFRASTRUCTURE SO THAT IT COULD BE FINAL, THE WHOLE SUBDIVISION COULD BE COMPLETED OUT AND PUT ON THE GROUND, YOU KNOW, TO BEGIN SALES AND STAYING MOST LIKELY, IF THEY DID THIS, THEY'RE PUTTING UP A SECURITY DEPOSIT.

THINK OF IT IN THOSE TERMS. THEY COULD GO SELL AND CONVEY LOTS SO THE CITY WOULD BE ABLE TO START COLLECTING TAX ON ANY LOTS THAT WERE SOLD.

AND THEY'VE GOTTEN A SECURITY DEPOSIT TO COMPLETE THE CONSTRUCTION.

THAT WOULD BE THE CITY'S REMEDY TO.

TO FINISH. SO IF THAT'S MY UNDERSTANDING, IS THAT I'M GOOD ON THAT.

YEAH. KINDA SORTA.

BUT THE BURDEN WOULD BE ON THE CITY.

IT WOULD BE TO COMPLETE IT, TO FINISH.

YEAH. YEAH. YEAH.

BUT AT LEAST WE'D HAVE, YOU KNOW, A SUPPLY OF MONEY TO DO THAT.

YES. THAT'S THE IMPORTANT PIECE.

YEAH. ALREADY BEEN GIVEN TO THE CITY AND HAD ALREADY BEEN CERTIFIED.

THAT'S WHAT THE CITY.

SO ANY OTHER QUESTIONS? WELL, THAT WAS SO ALLOWING.

PART OF THE PROJECT TO NO LONGER HAVE FISCAL SECURITY DOESN'T INCUR ANY RISK FOR THE CITY.

NO, I THINK BECAUSE THE WAY STAN ANSWERED THE QUESTION, YOU PRETTY MUCH ANSWERED THAT RIGHT.

WELL, WE DON'T INCUR ADDITIONAL LIABILITY BECAUSE THE PART THAT HASN'T YET, THAT HASN'T PROVIDED FOR THE FISCAL SECURITY IS ALREADY CONSTRUCTED AND DEEMED APPROVED BY OUR PUBLIC WORKS DIRECTOR.

THAT'S HOW THAT ALL THAT PRE FILING OF THE PLAT STUFF WORKS.

THE FINAL PLAT I SHOULD CLARIFY.

YEAH. SO THEY'RE OUT THERE DOING ALL THAT IN PRIOR TO THAT FINAL PLAT BEING FILED.

THEY'RE CERTAINLY, YOU KNOW, ELIGIBLE AND THAT THAT IS AN OPTION.

ONE OF THE OPTIONS THAT'S AVAILABLE TO THEM THAT WAS KIND OF THAT FIRST SCENARIO THAT I READ THROUGH IS IF A DEVELOPER COMES IN AND JUST IS LOADED WITH CASH, HAS ENOUGH TO BUILD IT ALL RIGHT UP FRONT, YOU KNOW, THAT'S THAT CIRCUMSTANCE.

SO THE CURRENT SYSTEM REQUIRES THE FISCAL SECURITY AMOUNT FOR THE ENTIRE PROJECT.

THE CURRENT SYSTEM.

YEAH, ESSENTIALLY IT DOES.

AND FOR THEM TO REQUEST A REDUCTION AS THEY GO ALONG.

IS THAT CORRECT? THAT'S PRETTY WELL CORRECT.

YEAH. OKAY. THAT'S WHAT THAT'S WHAT THIS RESOLVES IS THAT THAT THAT GAP.

AND SO THEN A DEVELOPER COULD UPFRONT THEIR OWN THING AND DO THEIR OWN DEVELOPMENT WITHOUT EVEN NEEDING SYSTEM SECURITY.

SURE. OKAY. YOU KNOW.

OKAY. BUT THAT'S PROBABLY GOING TO BE RARE.

YEAH. SO THEN WHEN SO LET'S SAY ALL THIS GETS CHANGED INTO THIS NEW ORDINANCE WHEN THEY COME AND ASK FOR THE REDUCTION.

SO RIGHT NOW THEY HAVE THE OPTION TO DO A PERFORMANCE CASH BOND OR A LETTER OF CREDIT.

OR DOES THE CITY GET TO DECIDE THAT THEY HAVE THOSE OPTIONS? YEAH. SO DESIGNATED OPTIONS I'M JUST LOOKING DOWN THE ROAD.

IF IT'S A IF IT'S $10 MILLION AND THEY FINISHED, YOU KNOW, 30% OF IT, THEY'VE STILL GOT 7 MILLION TO GO.

CAN THE CITY REQUIRE THAT THAT LAST SECTION BE A CASH BOND INSTEAD OF A LETTER OF CREDIT? I'M JUST LOOKING AT DIFFERENT WAYS OF MAKING IT MORE SECURE FOR THE CITY AND FOR THE TAXPAYER.

WELL, THE ORDINANCE ALLOWS BOTH THOSE OPTIONS RIGHT NOW, BUT CAN THE CAN THE CITY MAKE A REQUIREMENT THAT IF YOU'RE GOING TO REQUEST THIS REDUCTION, IF YOU'VE DONE 30% OR 50%, THAT YOUR REMAINING FISCAL SECURITY BE IN ONE FORM? I DON'T BELIEVE SO.

OKAY. AND I'M ONLY AWARE OF ONE CITY.

AND WE SHOULD NOTE THAT THE LETTER OF CREDIT PROCESS HAS BEEN REVAMPED BY THE LEGAL DEPARTMENT AS WELL.

OKAY. SO IT REQUIRES A LOT MORE DELIBERATENESS FROM THE APPLICANT AND PROPER DOCUMENTATION.

ET CETERA. ET CETERA. SO, AND WE'RE NOT DEALING WITH SMALL AMOUNTS.

RIGHT, RIGHT, RIGHT.

SO ONCE IT'S APPROVED, IF THAT'S THE WAY THE APPLICANT CHOOSES TO GO FORWARD IN THEIR PROCESS, THEN IT'S APPROVED.

AND ONLY ONE SITUATION HAS THE LEGAL DEPARTMENT GONE TO AN APPLICANT AND SAID WE REQUIRE A CASH BOND.

[00:30:03]

I KNOW THIS SPECIFICALLY BECAUSE I WORKED ON IT.

OKAY. AND I GUESS THEY ASSUMED I WASN'T GOING TO DO ANY FACT CHECKING, BUT I DID SO.

BUT THAT'S THE ONLY TIME THAT WE REQUIRED THAT I'M AWARE OF.

AND THESE REQUESTS ARE APPROVED AT THE DISCRETION OF THE DIRECTOR OF PUBLIC WORKS.

OR DOES IT HAVE TO GO TO THE, THE, THE INFRASTRUCTURE DRAWINGS OR AT THE DIRECTOR OF PUBLIC WORKS? ACTUALLY, THIS IS LDR.

THIS IS AN LDR CLAUSE.

SO THE DIRECTOR OF IT'S MY POSITION, THE DIRECTOR OF DEVELOPMENT SERVICES.

YEAH. BUT OBVIOUSLY THERE'S GOING TO BE COORDINATION BETWEEN DIRECTOR OF PUBLIC, I'M SORRY, THE DIRECTOR OF ENGINEERING AND THE DIRECTOR OF PLANNING.

RIGHT. WE WORK HAND IN HAND THROUGH THIS STUFF.

OKAY. AND THEN FINALLY, YOU MENTIONED THAT IS THIS A REQUEST OF A DEVELOPER THAT'S PLANNING SOMETHING IN GALVESTON? BECAUSE I THOUGHT I HEARD YOU SAY AT THE BEGINNING A DEVELOPER BROUGHT THIS TO YOUR ATTENTION.

YES. OKAY.

OKAY, GOOD. THE ORDINANCE DOWN IN HERE ON PART, PART E SAYS THAT THE AMOUNT OF REDUCTIONS WITHIN THE DIRECTOR OF DEVELOPMENT SERVICES SOLE DISCRETION AND NOT SUBJECT TO REVIEW.

WOULD THAT THAT SOUNDS KIND OF VERY ARBITRARY.

AND I'M ASSUMING THAT THE DIRECTOR WOULD USE INFORMATION GATHERED FROM SOURCES.

YEAH, ABSOLUTELY.

SO I'M NOT GOING TO.

IN OTHER WORDS, I'M NOT GOING TO MAKE A DECISION THAT X AMOUNT IS NECESSARY WHEN I HAVE A MEMO FROM THE ENGINEERING DIRECTOR THAT SAYS, YOU KNOW, IT'S MY ESTIMATION THAT OF THAT $7 MILLION ORIGINAL PROJECT, 3.2 IS LEFT.

I'M GOING TO GO WITH THE 3.2.

THAT WAS REALLY JUST TO, I THINK, CLARIFY.

YOU KNOW WHO MAKES THAT FINAL DECISION? YEAH. YEAH. AND THOSE LDR DECISIONS HAPPEN TO REST WITH THIS POSITION.

OKAY. ALL RIGHT.

ANY OTHER QUESTIONS? ALL RIGHT. THANKS, TIM.

VERY GOOD. SO WE'LL OPEN THE PUBLIC HEARING.

ANYBODY HERE LIKE TO SPEAK ON THIS ITEM? NOPE. I KNEW THERE WAS NO WAY YOU SHOWED UP HERE AND WEREN'T GOING TO SAY SOMETHING.

I EVEN ASKED TWICE.

REGRETTABLY. PROBABLY.

BUT. YEAH.

THIS ONE YOU KICKED ME.

I REMEMBER NEXT TIME I PUT DOWN TROUBLEMAKER INSTEAD OF MY NAME.

THEY HAVE TO PUT YOUR ADDRESS DOWN.

DON'T DO THAT ANYMORE.

STEVE SCHULTZ, I THINK I KNOW ALL OF YOU, BUT WE MIGHT NOT HAVE MET YET.

I'VE BEEN DOING THIS WORK FOR TOO LONG, AND I WILL RETIRE SOMETIME BEFORE I DIE.

I HAVE ONE COMMENT.

WONDERFUL CHANGES.

I THINK I THINK THERE'S A TYPO IN SECTION C ON PAGE FOUR, SECOND PARAGRAPH OF THAT SECTION.

I THINK IT SHOULD SAY THE DIRECTOR OF PUBLIC WORKS WILL NOTIFY THE DIRECTOR OF DEVELOPMENT SERVICES INSTEAD OF BUILDING SERVICES. WE AGREE.

I THINK YOU'RE LOOKING AT THE STAFF REPORT.

WE CONTINUE.

THIS IS A NEW ORDINANCE. IT'S JUST THAT ONE WORD, I THINK.

I THINK I WANT TO KEEP THE WHO GOES TO WHO STRAIGHT.

I WILL SAY WE CHANGED THAT THROUGHOUT.

AND OBVIOUSLY WE MISSED ONE.

SO WE WILL WE WILL OBVIOUSLY NEED TO GET THAT AMENDED.

CAN YOU WHERE IS IT AGAIN.

RIGHT HERE. THANK YOU.

YEAH. OKAY.

IT WAS ORIGINALLY DRAFTED AS BUILDING SERVICES AND.

GOT IT, GOT IT, GOT IT, GOT IT.

WE'VE SINCE. YES.

WE DIDN'T WANT IT GOING FURTHER WITH THAT ONE TYPO.

THANK YOU. ALRIGHTY.

THANK YOU, SIR.

ALRIGHT. ANY OTHER COMMENTS? THEN WE'LL CLOSE THE PUBLIC HEARING.

WE'LL BRING THIS BACK TO COMMISSION FOR ACTION.

I MAKE A MOTION WE APPROVE 204BF-056.

AND I'LL SECOND THAT.

SO WE HAVE A MOTION AND A SECOND TO APPROVE 24ZA-06

[00:35:02]

SO WE'LL SAY THAT IT'S WITH THE, WITH THE CORRECTION SO NOTED IN ITEM NUMBER C. SO ANY DISCUSSION I'LL JUST SAY THAT I'M GLAD THAT I RETIRED WHEN I DID BECAUSE OVER A DOZEN SUBDIVISIONS I NEVER ONCE HAD TO PUT UP A SECURITY.

SECURITY. YEAH, REALLY.

SO THAT'S HARRIS AND FORT BEND COUNTY, BUT I GUESS THIS IS A NEW DEAL.

YES, SIR. WHILE WE'RE POINTING OUT TYPOS, I NOTICED ONE MORE IN SECTION ON PAGE FOUR, ROMAN NUMERAL FOUR. IT SAYS IDENTIFY THE SCHEDULE, COMPLETION DATE OF DATES OF INFRASTRUCTURE.

I THINK IT SHOULD BE DATE OR DATES OF JUST A NOTE.

WHICH ITEM IS THAT AGAIN? I'M SORRY. THAT'S PAGE FOUR UP AT THE TOP.

ROMAN NUMERAL FOUR UNDER A.

ROMAN NUMBER FOUR. OKAY.

ALL RIGHT. SO NOTED BY STAFF.

OKAY. ANY OTHER DISCUSSION? THEN WE'LL TAKE A VOTE.

THOSE IN FAVOR? AND THAT'S UNANIMOUS.

SO 24ZA-06 IS APPROVED.

DOES THIS GO TO COUNCIL? YES. OKAY.

OKAY. AWESOME.

GOOD LUCK WITH YOUR DEVELOPMENT, SIR.

THANK YOU. ALL RIGHT.

IS THERE ANY OTHER ACTION? ANY OTHER BUSINESS? THEN WE'LL BE ADJOURNED.

OKAY.

* This transcript was compiled from uncorrected Closed Captioning.