[00:00:01] ALRIGHT. GOOD AFTERNOON. WE ARE GOING TO CALL THE PLANNING CITY OF GALVESTON PLANNING COMMISSION MEETING TO ORDER. WE'VE TAKEN ROLL BY SIGNING IN. ARE THERE ANY CONFLICTS OF INTEREST? SEEING NONE. WE'LL MOVE ON. THIS SECTION, IF YOU ARE HERE, WOULD LIKE TO ADDRESS THE COMMISSION ON A NON AGENDA ITEM. THIS IS YOUR TIME TO DO SO. ANYBODY WOULD LIKE TO ADDRESS THE COMMISSION. IF YOUR ITEMS ON THE AGENDA YOU'RE GOOD. ALL RIGHT. SEEING NONE WE'LL GO TO OUR OLD BUSINESS 5A WHICH IS AN ABANDONMENT ITEM. [5.A.1 25P-015 (Adjacent to 303 31st Street) Request for an Abandonment of approximately 12,790 square feet of street and alley right-of-way. Adjacent property is legally described as: M. B. Menard Survey; Lots 6, 7, and North 18.7 feet of Lot 8, Block 571, in the City and County Galveston, Texas. Applicant: Christopher Lankford and Marc Hill Adjacent Property Owner: CHL & RAL Holdings, LLC Easement Holder: City of Galveston] THAT HAS BEEN THEY'VE ASKED FOR ANOTHER DEFERRAL UNTIL OUR MEETING ON JUNE THE 3RD. YES. SO I'LL MAKE A MOTION THAT WE DEFER. ITEM 25P-015. I'LL SECOND THE MOTION [INAUDIBLE]. SURE. CERTAINLY. [INAUDIBLE]. SO I WAS LOOKING AT THIS AND WHEN I SAW THAT, THERE WAS SOME QUESTIONS, I GUESS. DO WE KNOW WHAT THE QUESTIONS ARE? ARE WE ABLE TO SHARE THOSE, WE HAVE GOTTEN SOME COMMENTS FROM THE PUBLIC WORKS DEPARTMENT AND THE FIRE MARSHAL AND WE'D LIKE TO GIVE THE APPLICANT THE OPPORTUNITY TO RESPOND TO THOSE COMMENTS BEFORE THE MEETING. SO THAT'S WHAT. YEAH, THAT'S WHAT WE'RE WAITING FOR HERE. BUT THE APPLICANT HAS INDICATED THAT THEY'RE READY TO MOVE FORWARD FOR JUNE 3RD. OKAY. AND THEN I JUST I HAD SOME QUESTIONS ABOUT THIS KIND OF MAYBE A LITTLE BIT MORE GENERALLY, YOU KNOW, BUT LIKE, IT DEALS WITH. SO LIKE, I NOTICED I WAS OUT THERE EARLIER MECHANIC STREET. THAT'S RIGHT. BUT THEN THERE'S THE ALLEY. THAT'S NOT SO. BUT WHAT'S UP WITH MECHANIC STREET BECAUSE THAT'S JUST LIKE CLOSED. AND NOW IT'S A PARKING LOT. WELL, ONCE YOU GET YOUR STAFF REPORT, BECAUSE THERE HASN'T BEEN A STAFF REPORT DEVELOPED YET, THAT'LL ADDRESS THE BACKGROUND BECAUSE THERE'S A LOT OF BACKGROUND HISTORY THERE. SO WE'LL HAVE THAT ALL SPELLED OUT FOR YOU AND YOUR STREET. ALL RIGHT. THANK YOU. GOOD. ALL RIGHT. I'LL MAKE THE MOTION THAT WE DEFER 25 P-015 INTO THE JUNE 3RD MEETING. I'LL SECOND THE MOTION. ALL RIGHT. SO WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? SEEING NONE, WE'LL TAKE THE VOTE. THOSE IN FAVOR? THAT'S UNANIMOUS. ITEM 25P-015 IS DEFERRED UNTIL JUNE THE 3RD. [6.A.2. 25BF-012 (11347 Beachside Drive) Request for Beachfront Construction Certificate and Dune Protection Permit to include proposed construction of a large-scale single-family dwelling with fibercrete driveway and footer. Property is legally described as Lot 908, Beachside Village, Section 9, (2024) a subdivision in the City and County of Galveston, Texas. Applicant: Kevin Peterson Property Owner: Karen Sanford] MOVING ON TO OUR NEW BUSINESS. 25PF-012. GOOD AFTERNOON, PLANNING COMMISSIONERS. THANK YOU FOR YOUR TIME. THIS IS A REQUEST FOR A LARGE SCALE SINGLE FAMILY HOME WITH FIBER CREEK, DRIVEWAY AND FOOTER. THE ADDRESS IS 11347B SIDE DRIVE. THE PROPERTY IS LEGALLY DESCRIBED AS LOT 908B SIDE VILLAGE. SECTION NINE, 2024, A SUBDIVISION LOCATED IN THE CITY AND COUNTY OF GALVESTON, TEXAS. THE SUBJECT SITE IS LOCATED IN THE BEACHSIDE VILLAGE SUBDIVISION. SINGLE FAMILY DWELLINGS ARE LOCATED TO THE NORTH, EAST AND WEST 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, THIS AREA IS ERODING AT A RATE OF APPROXIMATELY EIGHT FEET PER YEAR. STAFF HAS PREPARED PHOTOS OF THE SUBJECT PROPERTY FOR YOUR VIEWING. FIRST, WE HAVE THE FARM AND BEG MAP SHOWING THE DISTANCE OF THE STRUCTURES FROM THE DUNE SYSTEM AND ITS POSITION RELATIVE TO ADJACENT PROPERTIES. ON THE NEXT SLIDE IS THE PROPERTY SURVEY, ZOOMED IN ON THE RIGHT TO SHOW THE NORTH TOE OF THE DUNE AND THE DISTANCE OF 35FT FROM THE NORTH TOE OF THE DUNE. ON THE FOLLOWING SLIDE, WE HAVE THE PROPOSED PROJECT DRAWING, SHOWING THAT LESS THAN 40% IMPERVIOUS AREA AS A REQUIREMENT FOR THE CITY OF GALVESTON'S LARGE SCALE PROJECTS IN THE DUNE PROTECTION PLAN. THE NEXT FOUR SLIDES HAVE PROJECT DRAWINGS AND THE SUMMARIZED SCOPE OF WORK. FINALLY WE HAVE FIVE PHOTOS OF THE SITE LOOKING NORTH. LOOKING EAST. LOOKING SOUTH. LOOKING WEST AND LOOKING NORTH AT THE LINE OF VEGETATION. THIS CONCLUDES STAFF REPORT AND THANK YOU FOR YOUR TIME. THANK YOU KYLE. ANY QUESTIONS FOR STAFF? JUST A QUICK QUESTION. SURE, KYLE. HOW TALL ARE THE DUNES OUT IN THAT SECTION? OH, THOSE ARE TALLER THAN ME. PROBABLY ABOUT 8 TO 10FT. 16FT, 8 TO 10. 1808 TO 10. OKAY. ALL RIGHT. GOOD. YEAH. THEY LOOK PRETTY BIG. YEAH. AND, YOU KNOW, THAT'S AN AREA THAT WE JUST CLOSED DOWN TO VEHICULAR TRAFFIC. THAT'S RIGHT. YOU KNOW, SO THOSE, YOU KNOW, WON'T BE PEOPLE WALKING ON THEM OR A LOT OF VEHICLES PULLING UP THERE CLOSE TO THEM OR ANYTHING LIKE THAT. SO THIS IS CLOSE TO THAT NEW SECTION WITH THE ACCESSIBLE PARKING AND ALL THAT. OKAY. ADJACENT TO IT. YEAH. DOES THOSE DUNES ALSO ARE HARDENED AS WELL? YEAH. THOSE HAVE THE GEO TUBES IN IT. THAT'S THE ONES. [00:05:02] THIS IS THE AREA THAT THE NEW AREA OF BEACHSIDE VILLAGE. I THINK THIS IS PROBABLY ABOUT THE FOURTH OR FIFTH HOUSE YOU'VE PROBABLY SEEN. RIGHT. IN THAT AREA. OKAY. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. SEEING NONE. YES, MA'AM. YOU STATED WE'VE ALREADY GOT THE DUNES ALREADY IN PLACE AND THE GOO LETTER, IT SAYS IN THAT ON THE LAST PAGE OF THE GOO LETTER THAT PRIOR TO CONSTRUCTION THE DUNES PROVIDED BY THE SEA PLAN SHALL BE COMPLETED PRIOR TO COMMENCEMENT OF THE PROPOSED CONSTRUCTION. SO IS THERE GOING TO BE DUNES THAT ARE REQUIRED AS PART OF THIS CONSTRUCTION PROJECT? WHICH COMMENT IS THAT? IT'S ON THE LAST PAGE OF THE GOO LETTER THAT BULLET POINT AT THE VERY TOP. PAGE TWO OF TWO. YES, MA'AM. SO IN OUR EROSION RESPONSE PLAN WE HAVE A REQUIREMENT THAT IF YOU'RE IN AN AREA THAT'S ERODING IN GREATER THAN TWO FEET PER YEAR, AND YOU'RE WITHIN, I BELIEVE, 125FT FROM THE NORTH TOE OF THE DUNE, YOU HAVE TO BUILD A DUNE, OR YOU HAVE TO PAY INTO AN IN LIEU FEE AND SO THIS PROJECT IS ACTUALLY GOING TO PAY INTO THE IN LIEU FEE SINCE THERE'S A DUNE ALREADY THERE. BUT THERE ARE OTHER AREAS WHERE THERE'S NOT A, YOU KNOW, THERE'S NOT A DUNE. PEOPLE BUILD DUNES YOU KNOW, THINGS LIKE THAT AND WE CAN TAKE THE IN LIEU FEE MONEY AND WE CAN DO DUNE RESTORATIONS. WE, YOU KNOW, IN OUR PLAN, IT SAYS WE CAN DO DUNE RESTORATIONS, BEACH ACCESS THINGS LIKE THAT. BUT SINCE THERE'S A DUNE HERE THEN THEN THEY PAY INTO IT TO THE IN LIEU FEE. THAT'S WHAT THAT COMMENT IS SAYING IS. OKAY. THANK YOU. THAT'S THE MAINTENANCE FEE THAT'S LISTED. NO,FIBER CRETE MAINTENANCE FEE IS DIFFERENT. YEAH. SO, IF YOU ANYTHING BUILT WITH FIBER CRETE THEY PAY INTO $200. THAT GOES INTO A SEPARATE FEE. SO IF WE EVER HAVE A STORM AND IT BREAKS UP THE FIBER CRETE THAT WE HAVE FUNDS AVAILABLE TO GO OUT THERE AND CLEAN IT UP, I THINK THERE'S LIKE, I THERE'S QUITE A BIT OF MONEY IN THERE BECAUSE THEY'VE BEEN COLLECTING FOR LIKE THE LAST 15 YEARS. SO WE'VE NEVER HAD TO USE IT. YEAH. OKAY. GOOD. ALL RIGHT. ANY OTHER QUESTIONS? YES, SIR. THE FEE THAT THE IN LIEU FEE FOR THE DUNES. I MEAN, WHAT DO WE USE THAT FOR? IS THAT, LIKE YOU SAID, DUNE RESTORATION? ARE WE USING THAT FOR, LIKE, MATCH FOR GRAIN? WE CAN DO THAT. YOU KNOW, WE'RE GOING TO BE DOING WHAT I'D LIKE TO USE IT FOR IS WE'RE ABOUT TO BE DOING SOME OF THE, YOU KNOW, THE BEACH NOURISHMENT FROM EIGHT MILE TO 13 MILE ROAD, YOU KNOW, SAND FENCING PLANTINGS. YOU KNOW, AS THE NOURISHMENT GETS, AS WE, YOU KNOW, DO THE NOURISHMENT LATER THIS YEAR, YOU KNOW, AS SOON AS THEY DO THE NOURISHMENT, WE'RE GOING TO BE PUTTING UP SAND FENCING. FRANCISCO, BUT ALSO WOULD LIKE TO, YOU KNOW, COME IN IN THE WINTER MONTHS WHEN PLANTS ARE KIND OF DORMANT AND DO PLANTINGS AND STUFF LIKE THAT. SO WE'RE PROTECTING AS MUCH AS THAT BEACH NOURISHMENT AS WE CAN. SO THAT'S THOSE FUNDS WILL BE USED FOR THOSE TYPE OF THINGS. THANK YOU. ANY OTHER QUESTIONS? SO IS THAT FUND RESTRICTED TO THE AREA THAT FOR. SO THIS APPLICANT WILL PAY INTO THE FUND. CAN YOU USE IT ANYWHERE ON THE ISLAND. YEAH. IT IS NOT RESTRICTED ANYWHERE. BUT WE'RE GOING TO MOST OF IT'S IN, IN YOU KNOW FROM EIGHT MILE TO 13 MILE ROAD WHERE WE HAVE THE ROAD. SO THAT'S WHERE WE'RE GOING TO BE UTILIZING IT. WE'RE NOT GOING TO GO OUT TO SAN LUIS PASS AND DO SOMETHING WITH IT. WE'RE GOING TO UTILIZE IT IN THESE AREAS THAT HAVE THE HIGHEST EROSION, BECAUSE THAT'S WHERE IT'S BEING COLLECTED AT. ALL RIGHT. ANYBODY ELSE? ALL RIGHT. THEN WE'LL OPEN THE PUBLIC HEARING. IS THE APPLICANT PRESENT? WOULD YOU LIKE TO COME AND ADDRESS THE COMMISSION OR. WE DON'T MAKE YOU DO IT. THANK YOU. SO I NEED YOU TO SIGN IN AND STATE YOUR NAME FOR US, PLEASE. THANK YOU. RICK SANFORD. THANK YOU. AND THIS IS GOING TO BE OUR NEW FAMILY HOME. WE'RE MOVING UP FROM COLORADO. WE'RE ACTUALLY FROM CANADA ORIGINALLY. SLOWLY GETTING FURTHER AND FURTHER FROM THE SNOW. SO. WELL, YOU SAY THAT, BUT YET I HAD SNOW IN MY YARD THIS YEAR. YEAH, IT DID SNOW THERE. YOU STILL GET IT? STILL GET IT? YEAH. SO YEAH, I DON'T REALLY HAVE ANY QUESTIONS. SEEMS LIKE EVERYTHING WENT PRETTY SMOOTHLY. THANK YOU FOR ANSWERING ALL THE HARD QUESTIONS. CERTAINLY. ANY QUESTIONS FOR THE APPLICANT? THANK YOU SIR. GOOD LUCK WITH YOUR PROJECT. THANK YOU GUYS. YEAH. ALL RIGHT. ANYBODY ELSE LIKE TO ADDRESS THE COMMISSION ON THIS ITEM? ALL RIGHT. SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO COMMISSION FOR ACTION. I MAKE A MOTION. WE APPROVE 25BF-012.SECOND. ALL RIGHT. SO WE HAVE A MOTION AND SECOND TO APPROVE 25BF-012. IS THERE ANY DISCUSSION. SEEING NONE WE'LL TAKE THE VOTE. THOSE IN FAVOR? AND THAT'S UNANIMOUS. SO 25BF-012 IS APPROVED. [00:10:06] NEXT IS 25BF-015. GOOD AFTERNOON, PLANNING COMMISSIONERS. [6.A.3. 25BF-015 (21316 Gulf Drive) Request for exemption and approval for Beachfront Construction Certificate and Dune Protection Permit to include proposed construction of a single-family dwelling with crushed concrete parking area within the Dune Conservation Area. Property is legally described as Abstract 121, Page 19, Lot 38, Sea Isle, Section 21, a subdivision in the City and County of Galveston, Texas. Applicant: Darel Seymour Property Owner: Darel Seymour] THANK YOU AGAIN FOR YOUR TIME. THIS IS A REQUEST FOR APPROVAL AND AN EXEMPTION OF A SINGLE FAMILY HOME WITH CRUSHED GRAVEL DRIVEWAY. THE ADDRESS IS 21316 GULF DRIVE. THE PROPERTY IS LEGALLY DESCRIBED AS ABSTRACT 121. PAGE 19, LOT 38 SEA ISLE, SECTION 21, A SUBDIVISION LOCATED IN THE CITY AND COUNTY OF GALVESTON, TEXAS. SUBJECT SITE IS LOCATED IN THE CL SUBDIVISION. SINGLE FAMILY DWELLINGS ARE LOCATED TO THE NORTH, EAST AND WEST OF THE SUBJECT PROPERTY. DUNE VEGETATION AND THE BEACH IS 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 IN BEG MAP SHOWING THE DISTANCE OF THE STRUCTURE FROM THE DUNE SYSTEM AND ITS POSITION RELATIVE TO ADJACENT PROPERTIES. ON THE NEXT SLIDE IS THE. ON THE NEXT SLIDE IS THE PROPERTY SURVEY ZOOMED IN ON THE RIGHT TO SHOW THE DISTANCE FROM THE LINE OF VEGETATION IS 77FT. ON THE FOLLOWING FIVE SLIDES WE HAVE THE PROPOSED PROJECT DRAWINGS AND SUMMARIZED. SCOPE OF WORK. THIS IS THIS HAS A KIND OF A DIFFERENT COMPONENT TO IT. THE APPLICANT IS ALSO PROPOSING TO BUILD A DUNE, WHICH DOES NOT REQUIRE THE PLANNING COMMISSION REQUIREMENTS, BUT WE ARE COMBINING THIS WITH THIS PROJECT. SO WHAT WE HAVE HERE IS SOME INFORMATION ON THE DUNES TO BE THE DUNE TO BE CONSTRUCTED. SO THIS IS SHOWING THE, LOCATION OF THE DUNE IN RELATIONSHIP TO THE PROPOSED STRUCTURE. AND THEN WHAT THIS IS SHOWING IS ONCE THE DUNE IS THE DUNE IS CONSTRUCTED, THE STRUCTURE IS PROPOSED TO BE, YOU KNOW, A DISTANCE FROM, YOU KNOW, 33FT FROM THE NORTH TOE OF THE DUNE. AND THEN HERE ARE SOME PHOTOS. SO THIS IS A PHOTO OF THE LOT FROM GULF DRIVE. IT'S ACTUALLY KIND OF IN THE OPEN AREA, THE LITTLE WHITE HOUSE TO THE LEFT. IT'S KIND OF IN THAT AREA. OKAY. THIS IS A VIEW FROM THE LOT LOOKING TO TOWARD THE BEACH. AND THEN ON THE BOTTOM PHOTO IS THE LOT. LOOKING TO THE EAST. THERE'S THE TOP PHOTO IS OF THE LOT LOOKING TO THE WEST, AND THEN THE BOTTOM PHOTO IS ON THE BEACH, LOOKING AT THE LINE OF VEGETATION. THE PROPOSED STRUCTURE IS GOING TO BE KIND OF TO THE RIGHT OF THE THAT BROWNISH HOUSE AND THEN THIS IS SOME PHOTOS OF THE WHERE THE DUNE IS BEING PROPOSED. YOU CAN SEE THE ORANGE FLAGGING AND THE STAKES. SO THAT IS WHERE THE PROPOSED DUNE IS AND THE THERE IS A CONDITION IN THE PACKET THAT BEFORE THE DWELLING IS CONSTRUCTED, THE DUNE MUST BE CONSTRUCTED. SO WE'VE TALKED ABOUT THIS WITH THE APPLICANT. THAT'S PART OF THE, YOU KNOW, THE EXEMPTION PROCESS THAT WE WENT THROUGH TO MINIMIZE ANY OF THE IMPACTS SINCE THIS IS IN THE DUNE CONSERVATION AREA, BECAUSE IT'S NOT THERE'S NOT A DUNE THERE, AND IT'S WITHIN 200FT FROM THE LINE A LINE OF VEGETATION. BUT THERE IS IN YOUR PACKET A CONDITION THAT THE DOOM MUST BE CONSTRUCTED BEFORE THE DWELLING IS BUILT. OKAY AND THEN HERE'S JUST SOME MORE PHOTOS KIND OF SHOWING THE LAYOUT OF THE DUNE. THAT CONCLUDES STAFF REPORT AND THANK YOU FOR YOUR TIME. ALL RIGHT. THANK YOU. KYLE. QUESTIONS FOR STAFF. OKAY. SORRY. GO AHEAD. STAN. OKAY. LOOKING ON THE I GUESS IT'S THE EROSION PICTURE AT THE BOTTOM. IT SHOWS PAGE 9, 9 AND 10 ON THIS ONE. I FIND THAT ONE. SURE. WHICH ONE? WHAT PAGE WAS THAT? ON THE BOTTOM, IT SAYS LOOKS LIKE NINE. EROSION. I GUESS THAT'S. WELL, THAT'S A TERRAIN. SO. PAGE 46 OF 66. OKAY. I WAS GOING OFF THE OTHER ONE? SORRY. YEAH. YEAH. THANK YOU. OKAY. YES, SIR. OKAY. SO DRAINAGE WISE. I'M TRYING TO FIGURE IT OUT, AND I WENT OUT THERE. DRAINAGE WISE, IT LOOKS LIKE WHEN THEY COMPLETE THIS, THERE WILL BE DRAINAGE TOWARD THE DUNE LINE. BUT THIS IS SHOWING, LIKE ELEVATED SEVEN FOOT. [00:15:04] SO I'M TRYING TO FIGURE OUT THE ELEVATION, THE ACTUAL ELEVATION RIGHT AROUND THAT HOUSE FOOTPRINT AND THE DECK. IT IS IT LOWER OR HIGHER, AND WILL IT CAUSE A RUNOFF? SO ON THESE LARGE SCALE PROJECTS, KIND OF THE WAY OUR PLAN IS IF IT'S A LARGE SCALE PROJECT, THEN THEY HAVE TO DEVELOP A DRAINAGE PLAN. BUT FOR THESE SINGLE FAMILY HOMES, THERE WILL BE SOME IMPACT OF BUILDING, BUT THEY'RE ON PILINGS THERE. YEAH. THAT WE DON'T REQUIRE THEM TO DO, LIKE A FULL, DETAILED DRAINAGE PLAN OR ANYTHING LIKE THAT. OKAY. IN OUR DUNE PROTECTION PLAN, THE ONLY TIME WE DO THAT IS IF IT'S A LARGE SCALE PROJECT. OKAY. SO LIKE THE HOUSE THAT WE DID PREVIOUS, THEY WERE IMPACTING GREATER THAN 5000FT². THEY HAD TO SUPPLY THE DRAINAGE PLAN ON THESE SMALLER SCALE HOMES, YOU KNOW. YEAH. THERE'S GOING TO BE SOME GROUNDWORK THERE. THERE'S GOING TO BE SOME STUFF THERE. THE IT'S CRUSHED GRAVEL UNDERNEATH THE HOME. IT'S GOING TO PERMEATE THROUGH. YOU KNOW, SO WE DON'T REQUIRE THAT AS A REQUIREMENT IN OUR EVALUATION. OKAY. THANK YOU. ALL RIGHT. GO AHEAD. WHAT ARE THE REQUIREMENTS FOR THE CONSTRUCTION OF THE DUNE? DOES THE CITY HAVE A GUIDELINES FOR THE MATERIALS? THE TYPE? YES, SIR. SO IT'S WE HAVE IN OUR PLAN. IT'S GOING TO BE A MAN MADE DUNE. IT'S GOT TO BE 75% . THE HEIGHT THAT'S GOT TO BE 75% OF THE ISLAND'S AVERAGE BASE FLOOD ELEVATION. OKAY. IT'S GOING TO BE ABOUT 50FT WIDE. IT'S GOT TO HAVE THREE TO 3 TO 1 SLOPES ON IT. IT'S GOT TO BE PLANTED. IT'S GOT TO HAVE 50% VEGETATION ON IT. SO THERE ARE REQUIREMENTS THAT WE HAVE IN OUR PLAN THAT HE'S GOT TO ADHERE TO. YES, THAT FROM THE PHOTOGRAPHS YOU'VE SHOWN THERE ARE NO DUNES OUT THERE. NO, SIR. THERE'S NO DUNES. THAT'S WHY WE'RE ASKING FOR AN EXEMPTION. BECAUSE IF THERE'S NOT A DUNE, THEN THE DUNE CONSERVATION AREA IS 200FT FROM THE LINE OF VEGETATION. IS. AND THEN IF THERE IS A DUNE, THEN YOU'RE 25FT FROM THE NORTH TOE OF THE DUNE. RIGHT. SO THAT'S THIS ONE IS 77FT AWAY. SO THAT'S WHY WE'RE REQUESTING AN EXEMPTION. YOU KNOW, AND THAT'S WHY WE TALKED TO HIM ABOUT, YOU KNOW, CONSTRUCTING THE DUNE BEFORE YOU BUILD THE STRUCTURE USING THE CRUSHED GRAVEL YOU KNOW, THINGS LIKE THAT. OKAY. AND THE THE WHAT DOES IT SAY? FLORA? INDIGENOUS TO THE NATURAL DUNE COMPLEX. SO BASICALLY, WHAT'S ALREADY GROWING THERE? YEAH. YES, SIR. YEAH. I MEAN, HE CAN PLANT IT, BUT IT'LL PROBABLY GET COVERED UP BY WHAT'S THERE. AND YOU KNOW, IT'LL BE, YOU KNOW, THAT STUFF IS GROWING PRETTY GOOD OUT ON THE WEST END. OKAY. THANK YOU. ALL RIGHT. CERTAINLY. TOM, PLEASE. SORRY. SO JUST REAL QUICK. SO WHEN YOU PLACE THE SAND. WHAT, ARE YOU BACKING UP A DUMP TRUCK AND JUST OPENING UP THE GATE? YEAH. YES, SIR. YEAH, IT'LL. OKAY. WE'LL GIVE HIM AUTHORIZATION TO GO DOWN THERE. YEAH. COME IN ON ACCESS POINTS AND DUMP IT, AND THEY'LL HAVE A DOZER. YOU KNOW, SOMETHING LIKE THAT. AND MOST OF THE MOST OF THE SAND THAT WE GET OFF THE ISLAND IS JUST NOT COMPLETELY SAND. IT HAS A LITTLE BIT OF MATERIAL IN IT, SO IT'LL. AND IF IT ERODES OR ANYTHING LIKE THAT, HE'LL HAVE TO COME BACK IN AND FIX IT, AND DO THINGS THAT WE MONITOR. YOU KNOW, WE GO OUT AND DO NEW INSPECTIONS ON THESE DUNES AND MAKE SURE THAT, YEAH, THEY'RE ADHERING AND THINGS LIKE THAT AND LET THEM GET ESTABLISHED. NOW, IF IT'S BEEN THERE FOR 4 OR 5 YEARS AND WE HAVE IT AND IT'S BEEN STABLE AND WE HAVE A STORM OR SOMETHING, THEN WE MAY NOT MAKE HIM GO BACK OUT THERE AND DO A, YOU KNOW, REBUILD IT. BUT IF IT'S LIKE WITHIN A YEAR, WE'RE GOING TO MAKE HIM GO BACK OUT THERE AND REPAIR IT. OKAY AND THEN THAT KIND OF GETS TO MY SECOND QUESTION SOURCING THE SAND. I KNOW THAT'S BEEN A BIG TROUBLE WHEN WE'RE RENOURISHING BEACHES, BUT I'M SURE THAT'S A MUCH LARGER PROJECT THAN MAKING A DUNE. SO, I MEAN, I ASSUME THAT'S NOT A CONCERN. I KNOW THAT THE GLO LETTER STATES THAT WE NEED TO KEEP IT, YOU KNOW, CONSISTENT. BUT I MEAN, IF, THEY COULD GO UP AND BUY IT IF THEY, YOU KNOW, THEY COULD BUY IT OFF THE ISLAND OR SOME WHEREVER THEY FIND IT, AS LONG AS IT FITS, BUY IT AT SOME. YEAH. LANDSCAPING THEY'VE GOT AND Y'ALL GO OUT AND CHECK IT AND MAKE SURE IT'S OKAY. COOL AND THEN I NOTICED THERE'S A PRIVATE DRIVE THERE. IT'S KIND OF A ODD LOOKING LOT, QUITE FRANKLY, BECAUSE IT'S, YOU KNOW . BACK THERE, OFF THE, YOU KNOW, INTO THIS PRIVATE DRIVE AND EVERYTHING. ARE THERE ANY CONCERNS FROM THE FIRE DEPARTMENT OR ANYBODY ABOUT BEING ABLE TO REACH THAT, OR. WE DON'T GET INTO THAT. OH, OKAY. YEAH, WE DON'T EVALUATE THAT. OKAY. NO, SIR. OKAY. GOTCHA. ALRIGHT. WELL THANK YOU. ALL RIGHT. I GOT A QUESTION ON THIS, THE AERIAL EASEMENT. WHAT EXACTLY IS THAT? WHICH ONE IS THAT? IF YOU LOOK AT, I SEE IT EVERYWHERE. BUT IF YOU LOOK AT THE SURVEY. AERIAL EASEMENT. YES. IF I'M NOT, KATHERINE MAY WANT TO MAKE SURE I'M NOT. BUT, LIKE, IF YOU HAVE POWER LINE OR SOMETHING YOU KNOW, IT WOULD BE MY GUESS. [00:20:05] YEAH. POWER LINE TO GO THROUGH, THROUGH THE PROPERTY OR SOMETHING LIKE THAT. OH, OKAY. THAT'S TYPICALLY WHAT IT'S FOR IN AN AERIAL EASEMENT. IT'S NOT LIKE A TYPICAL EASEMENT THAT STARTS ON THE GROUND. IT STARTS AT A CERTAIN POINT IN THE AIR. OH, OKAY. IT'S TO KEEP YOU A TELEPHONE POLE AND STUFF TO KEEP YOU AWAY FROM SOMETHING DANGEROUS. OKAY. ALL RIGHT, I UNDERSTAND. OKAY, SO GO AHEAD. NO. GO AHEAD. OH, OKAY. I WAS GOING TO SAY THE SAME THING YOU WERE SAYING. TOM, IT'S SO WEIRD HOW IT'S LOOKS TO BE SURROUNDED BY NOTHING BUT SAND OUT HERE. SO I DIDN'T READ ANYWHERE IN HERE, AND MAYBE I MISSED IT. SOMEBODY CAN HELP ME. IS WHAT IS THE EROSION RATE ON THIS LOT?STABLE. IT'S STABLE.. YES, MA'AM. YES, MA'AM. IT'S STABLE. IT'S I THINK LIKE A HALF A FOOT A YEAR. THEY. IF IT'S NOT ACCRETING MORE THAN A FOOT THEN I THINK THEY STABLE. SO I THINK IT, IT'S ON THAT ON THE BG [INAUDIBLE]. LET ME SEE IT. YEAH I DIDN'T SEE IT EITHER. THAT'S WHY I WAS ASKING. YOU SAW IT SOMEWHERE? ITS RIGHT THERE. WHAT DOES THAT SAY. LIKE A HALF A FOOT OR SOMETHING. 0.4. 0.5 OR SOMETHING I CAN'T. YEAH, IT'S AROUND A HALF A FOOT. SO LIKE I SAID, I THINK IF IT'S NOT ACCRETING MORE THAN A FOOT. THEY SAY IT'S STABLE. OKAY. THAT'S IT FOR ME. OKAY I DO. SO THIS IS A PRETTY EXTENSIVE GLO LETTER. MORE THAN WHAT WE USUALLY SEE. SO IN STAFF RECOMMENDATIONS YOU'VE ADDRESSED ALL THAT AND I KNOW STAN'S ASKED ABOUT ALREADY THE DRAINAGE AND IT DOES SAY THE APPLICANT SHOULD DIRECT ALL STORMWATER INLAND AWAY FROM THE CRITICAL AREA BEACH, PUBLIC BEACH AND ADJACENT PROPERTIES. CONSTRUCTION MUST PROVIDE FOR THE GRADUAL AND DISBURSEMENT DRAINAGE OF STORMWATER RUNOFF. BUT YOU WERE SAYING THAT IT'S NOT REQUIRED BECAUSE OF THE SIZE. SO HOW DOES THAT WORK? IF THE GLO IS TELLING US IT HAS TO HAVE A IF WE GO? IF SO, WE DON'T REQUIRE A DETAILED PLAN. IF IT'S LARGE SCALE, WE REQUIRE SOMEBODY TO HAVE AN ENGINEER OR SOMETHING SUBMIT US A PLAN. IF WE GO OUT THERE AND LIKE I SAID, WE'RE REALLY STARTING TO BEEF UP ON OUR COMPLIANCE INSPECTIONS. IF WE GO OUT THERE AND WE SEE THAT WE ISSUE THIS SMALL SCALE, WE'RE ANTICIPATING NOT TO HAVE A LOT OF, YOU KNOW, YOU'RE JUST GOING TO BE GRADING IT OFF, BUILDING THE HOUSE, PUTTING A PARKING LOT. BUT IF WE GO OUT THERE AND WE SEE SOME MAJOR EROSION, THEY GO OUT THERE AND THEY BUILD IT AND THEY REALLY PUT A GRADE DOWN TO IT, THEN WE CAN GO OUT THERE. THEY'RE NOT IN COMPLIANCE WITH OUR PERMIT. THAT'S WHY WE'RE DOING COMPLIANCE INSPECTIONS. THAT'S WHY WE'RE GOING OUT THERE. IT'S JUST IF IT'S A SMALL SCALE, SOMEBODY BUILDING A SMALL HOME, THEY SHOULDN'T BE IMPACTING A LOT OF THE DRAINAGE AS IT'S COMPARED TO BUILDING, YOU KNOW, A, YOU KNOW, 5000FT² OF AREA THAT THEY'RE IMPACTING. SO BUT WE DO COMPLIANCE INSPECTION AND IF WE NOTICE THAT YES, IT'S ERODING AND WE GO OUT THERE AND SEE THAT THEY, YOU KNOW, PUT IN A GRADE OR PUT IN, YOU KNOW, SOME TYPE OF DRAINS OFF TO THE BEACH. THEN WE'LL TALK TO DONNA AND WE'LL BE SENDING OUT A LETTER OF VIOLATION AND SAYING, YOU MUST, YOU KNOW, AND COORDINATE WITH GLO AND SAY, THIS IS WHAT THEY DID. THEY'RE NOT FOLLOWING THEIR PERMIT. OKAY. I GOT A COUPLE FOR YOU. SO, I MEAN, I LOOK AT THE PHOTOGRAPHS. WHAT DOES IT TAKE A CERTAIN ELEVATION TO CREATE, QUOTE UNQUOTE, A DUNE WHERE WE JUST HAVE WE GO AND SAY, THERE'S NO DUNE HERE BECAUSE THERE'S DEFINITELY SOME SORT OF COMPLEX GOING ON THERE. YOU KNOW, THERE ARE SOME. THERE MAY NOT BE A DUNE, AS WE ALL THINK OF DUNES, BUT THERE ARE SOME SWALES IN THERE. IT APPEARS TO BE. YEAH. SO HOW DO YOU GUYS COME UP WITH THE FORMULA THAT SAYS, OH, THERE'S NO DUNE? WE DON'T COME UP WITH A FORMULA. WE REQUIRE, YOU KNOW, THEY GO OUT AND GET THE RPLS REGISTERED PROFESSIONAL LAND SURVEYOR. THEY HAVE TO FOR ANY PROJECT THAT WE DO, THEY GET THAT. SO THE SURVEYORS WILL GO OUT THERE AND THEY'RE THE ONES THAT ARE LOOKING AT THE ELEVATION. THEY'LL CLASSIFY SOMETHING. IF WE DON'T AGREE WITH THEM, WE CAN SAY NO, WE THINK THERE IS A DUNE HERE OR SOMETHING LIKE THAT. BUT MOST TIME WE GO OFF OF THAT BECAUSE WE COULDN'T BE GOING OUT THERE HUNTING. I COULDN'T GO OUT THERE TO EVERY SIDE AND SAY, YES, THERE'S A DUNE HERE, THERE'S NOT A DUNE HERE. WE GO OFF OF THE RPLS. LIKE I SAID, THERE'S BEEN A FEW CASES. WE'VE KIND OF SCRATCHED OUR HEADS AND WE WENT OUT THERE AND LOOKED AND WE'RE LIKE, WE NEED TO REEVALUATE THIS. BUT MOST OF IT AND IS WE GO OUT THERE AND I SAID, IF THERE IS, THERE MAY BE SOME TOPOGRAPHY THERE, BUT IT MAY NOT BE THE DUNE. AND SO IT'S DETERMINED BASED UPON THE SURVEYORS TOPOGRAPHY SURVEY. I MEAN, AND YEAH, THAT'S FROM THEIR EXPERTISE AND, AND THINGS LIKE THAT. BUT LIKE I SAID, WE COULD OF OUR GLO COULD SAY THEY THINK THERE IS A DUNE THERE OR THEY YOU KNOW, WE SAY THERE IS A DUNE AND THEY SAY THERE'S NOT ONE. SO BUT WE JUST HAVE TO GO OFF OF THE RPLS AND KIND OF JUST LOOK AT THE TOPOGRAPHY AND WHAT'S OUT THERE. [00:25:02] AND I MEAN, WE'VE SEEN SOME OF THESE WHERE CLEARLY THERE'S NO DUNE THERE. YEAH. AND THIS IS A LITTLE DIFFERENT. I MEAN, IF WE DON'T GET A STORM, THERE COULD VERY WELL BE IF WE DON'T GET ANY STORMS, THERE COULD VERY WELL BE A DUNE STAR FORMING THERE AND YOU KNOW. WELL, I'M NOT SURE WHERE, BUT THAT'S THAT'S ANOTHER TOPIC. SO WHEN WE DON'T HAVE DUNES, WE ESTABLISH THE DCA BASED UPON THE VEGETATION LINE. CORRECT. BECAUSE AND IT'S 200FT LINE OF VEGETATION. YES, SIR. SO THAT MAKES PRETTY MUCH HIS THE VAST MAJORITY OF HIS LOT IN THE DCA AS IT IS TODAY. YES. RIGHT. SO WHAT THE PLAN IS TO GO BUILD A DUNE AND GO 25 FOOT FROM THE TOE OF THE NEW DUNE TO ESTABLISH THE DCA, WHICH PUTS THE HOUSE. IS THAT NO? NO, HIS TO BUILD THE DUNE. ONCE DUNE IS BUILT, THEN HE GO IN AND BUILD THE BUILD THE HOME. BUT ONCE THE DUNE IS ESTABLISHED, IT SHOULD BE APPROXIMATELY 33FT FROM THE HOME. SO IT'S NOT TO ESTABLISH THE DUNE FIRST. I MEAN, DO IT AND THEN COME BACK IN. THIS IS ALL ONE. THE APPLICANT WANTED TO DO IT AS ONE AND THAT'S PART OF THE EXEMPTION IS YOU BUILD A DUNE. AND THEN WHERE THE FOOTPRINT OF THE DUNE IS, THE NORTH NORTH FOOTPRINT TOWARD THE DUNE IS GOING TO BE ABOUT 33FT AWAY FROM WHERE THE STRUCTURE IS PROPOSED, WHICH WE'VE DONE PROJECTS BEFORE. HERE'S WHERE I'M MY CONCERN IS I WANT TO MAKE SURE THAT WE'RE NOT SETTING A PRECEDENT WHERE WE GO, HEY, YOUR LOT IS IN THE DCA, BUT WE'RE GOING TO LET YOU GO BUILD A DUNE AND YOU GO BUILD THE DUNE AND JUST MAKE SURE THAT YOUR FOOTPRINT OF YOUR HOUSE IS 25FT AWAY FROM YOUR HOUSE AND I KNOW THERE'S SOME LIMITATIONS AS TO WHERE THEY CAN GO. PUT THE DUNE. BUT ARE YOU ARE YOU FOLLOWING ME ON THIS? BECAUSE I'VE SEEN THESE WHERE WE'VE HAD PEOPLE GO BUILD THE DUNE. THE END RESULT IS IF IT'S IF THE END RESULT WOULD BE EVEN IF IT WAS WITHIN THE 25FT, YOU STILL HAVE TO GIVE AN EXEMPTION. YOU'RE GOING TO GIVE AN EXEMPTION. THE BOTTOM THE END RESULT IS YOU'RE GIVEN AN EXEMPTION EITHER WAY. IF. YEAH I MEAN SO YOU WELL IF HIS IF HE HAS AN ESTABLISHED DUNE THOUGH AND HE'S 25FT FROM THE NORTH TOE OF THE DUNE, THEN HE'S GOOD. YEAH, I MEAN, HE'S GOOD, BUT EVEN IF HE'S LET'S SAY THE MATH IS OFF AND LET'S SAY HE'S NOT 33FT AWAY, HE'S STILL GOT AN EXEMPTION TO BE WITHIN THE DUNE CONSERVATION AREA, RIGHT. YOU KNOW, HE'S STILL GOT AUTHORIZATION FROM Y'ALL. HE'S GOT AN EXEMPTION TO BUILD IN THE DUNE CONSERVATION AREA. YEAH, BUT WHAT THE LAYOUT IS AND WHERE HIS PROPERTY BOUNDARIES ARE, AND HE'S STILL GOT TO BUILD HIS PLAN IS TO BE OUTSIDE. IF HIS DUNE WAS THERE AND IT WAS ESTABLISHED, HE GOES AND BUILDS A DUNE. IT'S ESTABLISHED AND HE GOES, HEY, MY HOUSE IS 33FT AWAY. THEN HE'S NOT IN. YEAH, HE WOULDN'T HAVE TO HAVE AN EXEMPTION. HE WOULD STILL HAVE TO HAVE APPROVAL FROM Y'ALL. RIGHT. BUT HE WOULDN'T NEED THE EXEMPTIONS. GOT IT. OKAY. SO YOU UNDERSTAND BECAUSE I DON'T THINK WE'VE SEEN SOMETHING WHERE SOMEBODY'S COME AND SAID, I'M GOING TO BUILD THE DUNE AND I'M GOING TO BUILD THE HOUSE WE HAD. REMEMBER, WE HAD THE GUY THAT HAD THE BUILT THE BIG DUNE, AND THEN HE HAD THE DEAL WHERE HE WAS GOING TO BUILD HIS HOUSE, AND THAT WAS A MESS AND NEXT DOOR DIDN'T HAVE A DUNE AND ALL THIS OTHER STUFF. YEAH. SO I'M JUST WE HAVEN'T DONE THIS, HAVE WE? NOT IN THIS. NOT WE HAVEN'T DONE THIS IN THIS TYPE OF PROCESS. NO, SIR. THAT'S PART OF THE EXEMPTION. YOU KNOW, THAT'S PART OF WHAT I WAS TALKING TO HIM AND SAY, YOU GOTTA, YOU KNOW, YOU GOTTA DO SOMETHING. WE'VE GOT TO DO SOMETHING HERE TO DO IT AND HE, LIKE I SAID, I WANTED TO COMBINE, YOU KNOW, CONSTRUCTION OF THE DUNE AND THE HOME. SO THAT'S OKAY. WHAT IS THE. SO HE GOES AND HE BUILDS HIS DUNE. HE BUILDS HIS HOUSE. HE'S 33FT AWAY FROM THE NORTH TOE OF THE DUNE. EVERYBODY'S HAPPY. HIS DUNE GETS WASHED AWAY. WHAT IS THERE TO. WHAT'S HIS OBLIGATION TO KEEP A DUNE OTHER THAN HE'S GETTING TO BUILD A DUNE AND BUILD HIS HOUSE? BUT YOU COULD HAVE SOMETHING THAT COMES. HIS DUNE GOES AWAY. HIS HOUSE IS STILL THERE. DOES HE HAVE ANY OBLIGATION TO GO BACK AND RESTORE THE DUNE? YEAH, HE'S GOT TO MAINTAIN IT. LIKE I WAS TELLING TOM, YOU KNOW, HE'S GOT TO MAINTAIN IT. NOW, IF IT'S TEN YEARS DOWN THE ROAD AND THERE'S OTHER STUFF, IT'S, YOU KNOW, IT'S BEEN SLIGHTLY ERODED AND KIND OF BUILT BACK AND SLIGHTLY ERODED AND KIND OF BUILT BACK, YOU KNOW, JUST A NATURAL PROCESS. THEN, YOU KNOW, IF WE HAVE A MAJOR STORM AND IT WASHES OUT, THEN WE'RE GOING TO EVALUATE THAT. BUT IF HE BUILDS IT AND TWO WEEKS LATER WE HAVE A HURRICANE AND IT WASHES IT OUT, HE'S GOT TO GO BACK OUT THERE AND REPAIR IT. I'M TALKING ABOUT FIVE YEARS LATER. LET'S JUST SAY SOMETHING HAPPENS. [00:30:01] HIS DUNE IS THERE. IT'S IT BECOMES ESTABLISHED, BUT THEN IT'S GONE. HE HAS NO OBLIGATION TO GO PUT THE DUNE BACK. I MEAN, THAT WOULD BE A DECISION FOR US, FOR, YOU KNOW, AN ENFORCEMENT WE COULD SAY YOU'RE REQUIRED TO DO DUNE OR DO WE SAY IT'S BEEN THERE FOR FIVE YEARS? IT'S KIND OF ESTABLISHED. YEAH. AND I DON'T KNOW WHAT THE. YEAH, I MEAN, THAT WOULD JUST BE A DECISION FOR US BECAUSE WE, YOU KNOW, THAT'S HOW WE DO ON ANY, ENFORCEMENT ACTION IS KIND OF WE HAVE TO WEIGH. RIGHT. BECAUSE WHAT IT IS WE'VE ALSO SEEN WHERE WE'VE PUT THESE DUNES IN AND THERE'S NO HARDENING TO IT. WE KNOW IT'S GOING TO HAPPEN. AND WELL ONCE AGAIN AND LOOK I THIS IS YEAH, THIS IS A STABLE AREA TOO AND SO SOME OF THE ONES THAT WE HAVE SEEN THE DAMAGE AT IS ON HIGHLY ERODING AREAS, RIGHT. ERODING 5 OR 6FT A YEAR. SO THERE ARE SOME OF THIS IS YOU KNOW, THIS IS A STABLE AREA. OKAY. THANK YOU KYLE. ANY OTHER QUESTIONS. SO THIS IS KIND OF A OFF THE ARE ANY OF THESE LOTS 3439 ANY OF THOSE CITY BUYOUT LOTS NEXT TO THAT? I DON'T KNOW THAT. I DON'T KNOW, I THE REASON I ASK IS, YOU KNOW, AFTER HURRICANE IKE, A LOT OF THE PROPERTIES WERE PART OF THE CITY BUYOUT PROGRAM, MEANING THEY CAN NO LONGER BE CONSTRUCTED ON THOSE LOTS. NO MORE CONSTRUCTION AND I WOULD HATE THAT OTHER PEOPLE HAVE GONE THROUGH THE BUYOUT PROCESS IN THE THOUGHT THAT THEY WOULD NEVER BE ABLE TO BUILD ON THEIR LAND, AND THEN WE ALLOW SOMEONE TO BUILD IN THAT SAME AREA. SO THAT'S JUST I DON'T KNOW IF WE HAVE BOUGHT THAT FAR DOWN. I KNOW THAT WE BOUGHT QUITE A BIT AROUND BERMUDA BEACH AND SPANISH GRANT. I DON'T KNOW HOW FAR THOSE GO DOWN IF WE BOUGHT ANY DOWN HERE. I'M JUST NOT FAMILIAR WITH THAT AREA. I WILL SAY THIS IF THIS PROPERTY IS IN THE BUYOUT AREA AND IT'S HIGHLY UNLIKELY WE WOULDN'T HAVE SOLD IT TO A PRIVATE PERSON FOR THE BUILDING OF A HOME. THERE'S SPECIFIC RULES REGARDING WHAT IF SOMEBODY WANTED TO BUY ONE OF THE BUYOUT PROPERTY AREAS, WHAT THEY CAN DO WITH THE LAND AND IT'S NOT FOR ANY TYPE OF NEW CONSTRUCTION OR HOME OR ANYTHING LIKE THAT. IT'S WETLANDS. IT'S CONSERVATION. YEAH, I GET THAT. I WAS TALKING ABOUT THE LOTS THAT ARE RIGHT NEXT TO IT. IF IF THOSE LOTS THAT ARE RIGHT BESIDE IT ARE BUYOUT LOTS, NOTHING AGAIN CAN BE BUILT ON THOSE LOTS ASIDE EXCEPT FROM WHAT IS ALLOWED WHICH IS MORE CONSERVATION MINDED TYPES OF DEVELOPMENT NATURE, YADA YADA. IF HE WAS NOT, IF THIS PERSON WAS NOT IN THE BUYOUT PROGRAM BUT IT WAS AFFECTED BY IKE, THEN THAT'S JUST HIM AND HE CAN DO WHATEVER HE WANTS WITH HIS PROPERTY. BUT IF THE CITY DOES NOT HAVE ANY RESTRICTIONS ON ADJACENT OR NEIGHBORING PROPERTIES JUST BECAUSE IT WAS IN, YOU KNOW, A BUYOUT AREA AND I DON'T KNOW IF THOSE ARE. I JUST DON'T KNOW, [INAUDIBLE]. BUT KYLE, WOULDN'T YOU SAY THAT REALLY TO MAKE A DUNE SYSTEM WORK HERE, YOU GOT TO HAVE THEM ALL CONNECTED. IF YOU END UP WITH PILES OF SAND. BECAUSE AT THE END OF THE DAY, THIS IS NOT WITH THE SLOPES AND THE WIDTH OF THE LOT. THE TOP OF THAT DUNE IS NOT GOING TO BE MORE THAN 30FT WIDE. IT'S JUST IT'S GOING TO BE A BIG PILE OF SAND IN FRONT OF HIS HOUSE AND SO. HOW DO YOU YOU KNOW, BECAUSE WE'VE TALKED ABOUT THIS STUFF BEFORE WHERE, YOU KNOW, REALLY TO MAKE THIS WORK, WE'VE GOT MORE THAN ONE THING NEEDS TO HAPPEN AND IT IS A LITTLE BIT OF WHAT COMES FIRST, THE CHICKEN OR THE EGG. BUT WHAT WE DO KNOW IS, IS THAT IF THEY'RE NOT CONNECTED IN SOME FORM OR FASHION, WE KNOW IT'S GOING TO HAPPEN AND. I DON'T I'M GUESS I'M MAKING A STATEMENT, NOT ASKING A QUESTION, BUT I GET WHAT YOU'RE SAYING. OKAY. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? I'M GOING TO COME BACK TO YOU WITH A QUESTION AFTER I HEAR FROM THE APPLICANT. SO WE'LL OPEN THE PUBLIC HEARING. IS THE APPLICANT PRESENT? YES, SIR. WHY DON'T YOU COME UP HERE? I'M SURE WE'RE GOING TO HAVE SOME QUESTIONS FOR YOU. SIGN IN. ALL RIGHT. STATE YOUR NAME. DARRYL SEYMOUR. ALL RIGHT. DARRYL. SO MY FIRST QUESTION IS, IS HOW LONG HAVE YOU OWNED THIS LOT? ABOUT A YEAR. ABOUT A YEAR. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT? [00:35:10] SO, DARRYL, WHAT MADE YOU DECIDE THAT YOU WANTED TO CREATE THE DUNE AND BUILD YOUR HOUSE AT THE SAME TIME? [INAUDIBLE] RIGHT? NO, HE DOESN'T HAVE TO. HE COULD BUILD DUNE. HE COULD BUILD THE DUNE AND THEN BUILD THE HOUSE. HE CAN. HE CAN BUILD THE DUNE FIRST, YOU KNOW? RIGHT. THE APPLICANT REQUESTED TO DO IT. OKAY. TIME WISE. RED TAPE. YOU KNOW, JUST TRY TO KNOCK IT ALL OUT AT ONCE, YOU KNOW, TO BE ABLE TO CONSTRUCT THE DUNE. PLAN IT AND AS IT'S VEGETATING TO BUILD AND CONSTRUCT THE HOME. THAT WAY, WHEN IT'S READY, EVERYTHING IS IN PLACE AND BUILT AT THE SAME TIME. I'M JUST CURIOUS. FIRST OF ALL, I THINK IT'S GREAT THAT THERE'S SOME NEW HOMES COMING UP ON THE STABLE AREA. I'M GLAD TO HEAR THAT. IT'S STABLE. I'M JUST CURIOUS ABOUT THE NEW CONSTRUCTION ITSELF. IS THIS, LIKE, YOU'VE GOT, LIKE, SPECIFIC TYPE OF CONTRACTORS WHO BUILD THE DUNE? YES. I MEAN, THEY'RE THE PERSON THAT WE'RE GOING TO SOURCE. THE SAND FROM HAS CONSTRUCTED MINI DUNES IN THE PAST. OKAY. YES. NO, I MEAN, JUST THE WHOLE IDEA OF, LIKE, SOMEONE. THIS IS WHAT I DO. I MAKE, I BUILD SAND DUNES. THAT'S PRETTY COOL. SO IS IT LIKE A GEO TUBE OR. IT'S JUST LIKE AGGREGATE AND SAND AND IT'S SAND FROM A NEIGHBORING PLACE JUST RIGHT DOWN THE ROAD. OKAY, COOL. GOOD LUCK. THANK YOU. I DID HAVE A COUPLE OF COMMENTS. OH, CERTAINLY. PLEASE. THE TWO LOTS NEXT TO ME. ONE LOT IS OWNED BY THE PERSON RIGHT BEHIND THEM. THE OTHER LOT ON THE OTHER SIDE IS OWNED BY SOMEBODY SEPARATE. I KNOW THAT TWO LOTS DOWN THE HOUSE THAT'S THERE HAS AN EMPTY LOT IN FRONT OF IT, AND THEY OWN IT, TOO. I DON'T KNOW ABOUT ANYBODY ELSE BUT THE PEOPLE TO DIRECTLY TO THE LEFT AND RIGHT. AND WE DO OWN THE LOTS, SO THEY'RE NOT BUYOUT LOTS AND THEN THE REASON I SUBMITTED IT IS BECAUSE THERE WAS A HOUSE DOWN THE STREET IT'S RENTED OUT. IT'S CALLED THE GULF GODDESS AND EVERYTHING. SO I HAD LOOKED AT THEIR PLANNING COMMISSION AND BOARD. IT'S A PROJECT 1803 SEVEN. SO I ASSUME 18 IS 2018, BUT THEY THEY CONSTRUCTED THE HOUSE AND BUILT THE LOT. I MEAN, THE DUNE AT THE SAME TIME. SO IT WAS COMBINED. SO THAT'S WHY I THOUGHT, OKAY, THIS COULD BE DONE BECAUSE BACK IN 2018 THEY DID IT AS WELL AND IT WAS PROBABLY I MEAN AROUND THERE WASN'T OTHER DUNES. SO AS YOU SAID, HOW DO THEY ALL FIT TOGETHER. BUT THEY BUILT THE DUNE. THEN THE LOT NEXT TO IT SOLD AND THEY BUILT THE DUNE ON TOP OF THAT. SO IT KIND OF STARTED SPREADING OUT. SO HOPEFULLY THIS IS THE FIRST ONE BUILT. THERE'S A COUPLE OF EMPTY LOTS THERE. AS YOU CAN SEE AND HOPEFULLY WE START JUST ORGANICALLY BUILDING A DUNE STRUCTURE THROUGHOUT THIS AREA. YEAH. BUT IF YOU GO AND LOOK, DARRYL, JUST TO BE REALLY CLEAR, I'M. THESE ARE HARD FOR US. THEY REALLY ARE AND I KNOW THAT YOU KNOW, YOU'VE BOUGHT THE PROPERTY AND YOU HAVE A VISION, AND I THINK WE LOVE THAT. BUT YOU NEED TO KNOW THAT THESE TYPES OF PROJECTS ARE REALLY DIFFICULT FOR OUR PLANNING COMMISSION. WE DON'T SEE A WHOLE WHOLE LOT OF THEM. THEY HAVE THEIR OWN SET OF CIRCUMSTANCES AND PROBLEMS. BUT YOU KNOW, THE PROJECT YOU'RE TALKING ABOUT, 18P-027I DON'T KNOW EXACTLY WHERE THAT IS, BUT I WOULD BE WILLING TO BET A LUNCH THAT WE COULD GO DOWN THERE AND THERE'S PROBABLY NOT MUCH OF HIS DUNE LEFT. SO THAT'S OUR PROBLEM. SO. YOU KNOW, I DON'T KNOW WHAT WE'RE GOING TO DO TODAY. I'M CALLING THOSE GUYS DO A GREAT JOB OF GUIDING PROPERTY OWNERS AND TRYING TO GET STUFF DONE FOR THEM. BUT THESE ARE COMPLICATED. SO I JUST WANT YOU TO KNOW THAT JUST SHARING THAT WITH YOU. SO, ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT. YES, SIR. I DID BUILD ONE TWO YEARS AGO, AND THERE WAS EXISTING DUNES THAT WERE SMALL ON EACH SIDE AND WE CONSTRUCTED A NEW DUNE RIGHT THERE. AS THE VEGETATION GREW, WIND WAS BLOWING IN AND WITHIN A YEAR, IT GREW BY TWO MORE FEET OUT TOWARDS THE BEACH. IT SEEMED TO COLLECT A LOT OF SAND AND EVERYTHING AND THIS BEACH RIGHT HERE IN GULF COAST, COURSE. IT'S STILL THERE. SIZABLE. NICE BECAUSE OF THE VEGETATION GROWS SO MUCH. I THINK IT JUST COLLECTS A LOT OF THE SAND AS IT BLOWS THROUGH. SO JUST MY ONE EXAMPLE, I SAW THAT MY HOUSE ACTUALLY GREW EXTENSIVELY, JUST THE DUNE STRUCTURE IN THE YEAR. [00:40:06] SO. OKAY. THANK YOU. ALL RIGHT. ANYBODY ELSE LIKE TO ADDRESS THE COMMISSION? SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING AND BRING THIS BACK TO COMMISSION FOR ACTION. I MOVE THAT WE APPROVE 25PF-015 WITH STAFF RECOMMENDATIONS. SECOND. SO WE HAVE A MOTION AND A SECOND. ANY DISCUSSION? I REALLY DON'T ENJOY THE HOUSE AND THE DUNE BEING BUILT AT THE SAME TIME. I REALLY FEEL LIKE, IN MY OPINION, THAT THE DUNE SHOULD BE BUILT SEPARATELY JUST BECAUSE I THINK WE'RE NOT ONLY ARE WE NEAR A HURRICANE SEASON. AND THAT COULD BE A PROBLEM FOR THE HOUSE OR FOR THE DUNE ITSELF. I THINK THAT THAT SHOULD BE SEPARATED. I'M NOT SURE I LIKE IT TOGETHER AND I'LL ECHO THAT. I MEAN, I'M IT'S NOT JUST HAVING IT BUILT SEPARATE. WE'VE SEEN WHAT HAPPENS WHEN WE BUILD THESE SMALL, PRETTY MUCH ISOLATED DUNES AND WE HAVE ANY SORT OF EVENT. THEY PRETTY MUCH THEY DON'T LAST AND THIS IS SMALL. IT'S NOT CONNECTED TO ANY OTHER PORTION OF THE DUNE SYSTEM. LIKE I TOLD THE APPLICANT, THESE ARE HARD. SO THOSE ARE MY COMMENTS. YOU KNOW, I SEE YOUR CONCERN. EVERYTHING. ONE OF THE THINGS THAT I LOOKED AT THE EROSION PATTERNS OUT THERE, AND THEY'RE DEFINITELY GOING TO HAVE A LITTLE BIT OF AN UPHILL AROUND THAT AREA WITH EROSION PATTERN, BECAUSE FRANKLY, I THINK THERE'S GOING TO BE BACKSIDE EROSION FROM, YOU KNOW, COMING AROUND. NOW, AS FAR AS DOING IT TOGETHER WITH THE HOUSE IF THERE ARE TWO SEPARATE CONSTRUCTION COMPANIES WORKING ON TWO DIFFERENT PROJECTS, THEN IT SEEMS LIKE IT WOULD PROBABLY BE A PRETTY GOOD BET, ESPECIALLY CONSIDERING THE SIMPLICITY OF A DUNE VICE. THE COMPLEXITY OF A HOUSE. IT SEEMS LIKE THERE'S A PRETTY GOOD BET THAT IF THEY WERE APPROVED AND THEN THEY JUMPED ON THE SAND DUNE REAL QUICK, OR THE DUNES REAL QUICK. EVEN WHILE THESE GUYS ARE ARE PUTTING IN THE PILINGS, THEY PROBABLY COULD ACCOMPLISH THEIR GOAL. NOW, CAN WE MAKE THAT A STIPULATION THAT, YOU KNOW, THERE HAS TO BE THE CONCURRENT CONSTRUCTION HAS TO BE IN SUCH A WAY THAT THE COMPLETION OF ONE IS PRIOR TO THE OTHER. YES. THAT'S IN OUR THAT'S OUR RECOMMENDATIONS. OKAY. PRIOR TO. THAT'S IN THE STAFF RECOMMENDATIONS. I COULDN'T REMEMBER IF I SAW THAT OR NOT. OKAY. SO PRIOR TO. YEAH AND SO I THINK THAT'LL WORK OUT PRETTY WELL. EVEN THOUGH, IT'S A BAD TIME OF YEAR TO BE DOING IT, I THINK IT'LL WORK OUT PRETTY WELL. SO THAT'S NUMBER SIX RIGHT THERE. I DIDN'T READ THAT. I HAVE A QUESTION FOR YOU. WHAT? DO WE HAVE TO IF WE LET'S JUST SAY HYPOTHETICALLY, OKAY, THAT WE HAVE SOME HAVE A CASE LIKE THIS. WHAT ARE OUR OPTIONS? WE CAN VOTE FOR IT AND IT ALL GOES. WHAT'S THE OPTION IF WE GO THE OTHER WAY? WHAT ARE. WHERE DO WE STAND ON THAT? IF. LET'S JUST SAY WE SAID, HEY, WE DON'T WANT TO DO THIS, WHAT DOES THAT LOOK LIKE? I MEAN, SO THE MOTIONS THAT COME TO MIND ARE YOU CAN AND THE MOTION WAS TO APPROVE. THE MOTION IS TO APPROVE. YES. RECOMMENDATIONS AND THE SIX ARE LISTED THERE. SO THAT COULD PASS OR FAIL. YOU CAN HAVE A MOTION, BUT SEE IF ONE OF THE CONDITIONS, YOU DON'T WANT IT, YOU DON'T LIKE IT. IF YOU WANT TO ADD AN ADDITIONAL CONDITION, CAN YOU ASK THE MOTION PERSON, CAN WE ADD ANOTHER CONDITION ONTO THIS THAT YOU CAN AMEND A MOTION? THAT'S ALWAYS POSSIBLE AS WELL. YOU CAN OUTRIGHT DENY IT, DENY THE ENTIRE THING AND THEN I THINK THAT'S REALLY A QUESTION FOR KYLE AS TO WHAT HAPPENS WITH AN OUTRIGHT DENIAL OF THIS TYPE OF BECAUSE, REMEMBER, IT'S A PERMIT. IT'S NOT LIKE, YOU KNOW IT HAS TO GO THROUGH THEM IF THERE'S A TIME FRAME BEFORE THEY CAN APPLY, WHICH I THINK IS DIFFERENT FROM SOME OF THE OTHER PLANNING CASES WHERE THEY WAIT SIX MONTHS OR SOMETHING. [00:45:03] BUT, YOU KNOW. IS THERE ANY I MEAN, WELL, SO WE HAVE AND THAT'S AND I'M JUST ASKING THE QUESTION, WE'VE NEVER DONE THAT. BUT I'M LIKE, YOU KNOW WHAT? AND I'M TAKE A DEEP BREATH. I'M JUST TRYING TO FIND GET SOME ANSWERS TO SOME QUESTIONS BECAUSE WE'VE NEVER BEEN DOWN THAT ROAD AND I'M KIND OF WONDERING WHAT THAT LOOKS LIKE. SO WHAT DONNA SAYS, YOU KNOW, YOU CAN YOU CAN APPROVE IT, YOU KNOW, AT A CONDITION. IF YOU DENY IT, THEN. HE CANNOT UNDER OUR PLAN, HE CANNOT BUILD A HOUSE. THAT'S WHAT WE'RE KIND OF REQUESTING APPROVAL AND EXEMPTION FOR IS THE HOUSE STAFF LEVEL. WE CAN APPROVE A DUNE. LIKE I SAID, THAT'S THIS IS AT THE REQUEST OF THE APPLICANT TO COMBINE THEM. BUT WE CAN REQUEST, YOU KNOW, THE CONSTRUCTION OF A DUNE WITHOUT HAVING TO COME TO THE PLANNING COMMISSION. YOU KNOW, BUT LIKE HE SAID, TO DO IT ALL AT ONE TIME. THAT'S WHY HE COMBINED THEM TO TO DO IT AT ONE TIME AND TO DO THAT. SO REALLY THE OUR REQUEST IS FOR THE APPROVAL AND EXEMPTION OF THE, OF THE HOME. BUT THE DUNE IS PART OF THE WHAT WE ARE PROPOSING AS A REQUIREMENT FOR THE EXEMPTION TAKING THAT INTO BECAUSE HE'S BUILDING IT INTO DUNE CONSERVATION AREA, THIS WILL BE PROVIDING SOME PROTECTION MINIMIZING THE IMPACTS OF THE DUNE CONSERVATION AREA. BUT THAT'S, KIND OF APPROVE IT. SO, THAT'S SO WHAT IF WE WERE TO DO THAT AND NOW THE GUY CAN'T BUILD A HOUSE ON HIS LOT? WHERE DOES UNTIL HE COMES BACK. UNTIL HE UNTIL WE BRING IT BACK TO Y'ALL. AND WE HAVE TO IT HAS TO BE SIX MONTHS. UNLESS HE MAKES A SUBSTANTIAL CHANGE TO THE STRUCTURE. YOU KNOW [INAUDIBLE]. BUT IF IT'S NOT A CHANGE TO THE STRUCTURE, YOU KNOW, AND THEN HE CAN MOVE FORWARD WITH BUILDING THE DUNE AND WHAT I THINK I REALLY HEAR YOU SAYING, AND KYLE ANSWERED, IT IS WHETHER OR NOT THESE TWO THINGS CAN BE SPLIT, BECAUSE I THINK I HEAR THE CONCERN IS HAVING THE HOME BEING BUILT AT THE SAME TIME AS THE DUNE STRUCTURE BEING BUILT. THE CONDITIONS BY STAFF ARE NO, THE DUNE STRUCTURE HAS TO BE BUILT FIRST AND SO AND THAT CAN BE ADMINISTRATIVELY APPROVED. SO REGARDLESS OF THE HOME THAT CAN BE ADMINISTRATIVELY APPROVED. BUT SINCE THE APPLICANT IS COMBINING THE TWO AND THE EXEMPTION WOULD BE FOR THE HOME, CAN YOU SPLIT THEM? NO, BECAUSE THE HOME STILL NEEDS WHAT IT NEEDS. RIGHT. YEAH AND THE DUNE IS PART OF THE I UNDERSTAND HE'S GOT TO HAVE THE DUNE TO BUILD THE HOUSE, I GUESS. REALLY MY QUESTION IS, I DON'T THINK WE'VE EVER SHOT ONE OF THESE DOWN THAT I'M AWARE OF AND I DON'T KNOW WHAT'S GOING TO HAPPEN ON THIS ONE. BUT MY REAL QUESTION IS, DONNA, WHEN WE DO THAT, I DON'T KNOW IF IT'S GOING TO HAPPEN TODAY, BUT WE'RE FLIRTING WITH IT IN MY OPINION. WHAT HAPPENS WHEN WE JUST FLAT OUT DENY ONE OF THESE? WELL, YOU ALREADY KNOW WHAT'S GOING TO HAPPEN IF YOU DENY. IF IT'S A DENIAL, RIGHT? THE DENIAL IS THE APPLICANT AND HE CAN'T BUILD A HOUSE. HE CANNOT BUILD A HOUSE, RIGHT? UNLESS HE MAKES SUBSTANTIAL CHANGES, ETC.. BUT I THINK THE BEST WAY THAT I ANSWER PRECEDENT, SO TO SPEAK, AND MAYBE AN INFLUX OF PEOPLE TRYING TO DO THE SAME THING, IS WHEN IT COMES DOWN TO THE CONDITIONS, WHAT IS SEPARATING OR WHAT IS INDIVIDUALIZING THIS PROPERTY FROM SOMEBODY ELSE COMING IN AND TRYING TO DO THE SAME THING. NOW, ITEM SIX SAYS, REGARDLESS, HE STILL HAS TO BUILD THE DUNE FIRST. SO IF THE CONCERN IS HAVING BOTH THINGS GOING ON AT THE SAME TIME, THAT SHOULDN'T BE THERE. BUT YOU CAN LOOK AT THE CONDITIONS TO SEE IF THERE'S SOMETHING ELSE THAT YOU KNOW, OKAY, YOU WANT TO THROW IN. YOU'VE ANSWERED MY QUESTION. GO AHEAD. YES, TOM. OH, I GUESS I'M MISUNDERSTANDING. SO YOU'RE SAYING THAT THE DUNES HAVE TO BE COMPLETELY BUILT BEFORE THE START OF THE HOUSE OR THE HOUSE, AND THE DUNES CAN RUN CONCURRENTLY AS LONG AS THE DUNES ARE FINISHED FIRST? CONDITION SIX SAYS IT MUST BE. IT MUST BE CONSTRUCTED BEFORE THE CONSTRUCTION OF THE DWELLING BEGINS. BEGINS. OKAY. ALL RIGHT. IT HAS BEEN CONSTRUCTED, WHICH MEANS IT'S DONE RIGHT AND TO THE [INAUDIBLE]. TO THE STANDARDS OF OUR MAN MADE DUNE. IT'S GOT TO BE BUILT. 3 TO 1 SLOPES PLANTED UP, YOU KNOW, AND THEN HE CAN GO OUT THERE AND START BUILDING THE STRUCTURE. [00:50:02] OKAY. SO I GUESS MY QUESTION IS WITH THE DUNES, WHEN YOU BUILD A DUNE AND YOU'VE KIND OF TALKED ABOUT THIS A LITTLE BIT, BUT CAN YOU IS IT UP TO STAFF TO GO BACK FIVE YEARS LATER AND SAY IT'S BEEN LONG ENOUGH YOU DON'T NEED TO REBUILD THIS? OR IS IT JUST AFTER A CERTAIN AMOUNT OF TIME YOU NO LONGER HAVE TO REBUILD A DUNE? WELL, LIKE I SAID, IT'S CASE BY CASE. I MEAN IF IT'S, YOU KNOW, IF IT'S A STABLE AREA AND ITS FUNCTIONING AND IT MAY, YOU KNOW, WE MAY HAVE A SAY, A TROPICAL STORM, AND IT WASHES AWAY A FOOT OF IT, BUT THEN IT COMES BACK NATURALLY, YOU KNOW, WHEN IT GOES THROUGH THAT CYCLE FOR TWO YEARS AND THEN IT'S KIND OF BUILDING OTHER DUNES AND THEN WHERE DO WE WHERE DO WE MAKE IT, YOU KNOW, HEY, YOU NEED TO COME BACK IN AND REBUILD THIS BECAUSE A, YOU KNOW, A METEOROLOGICAL EVENT WHEN IT'S UNDER NORMAL CIRCUMSTANCES, FUNCTIONING LIKE IT'S SUPPOSED TO, BUT WE HAVE A CATEGORY THREE HURRICANE COME THROUGH AND WIPE IT OUT. DO WE GO BACK TO THAT PERSON AND SAY, HEY, YOU HAVE YOU'VE HAD IT HERE FOR TEN YEARS AND WAS FUNCTIONING UNDER NORMAL CIRCUMSTANCES. WE JUST HAD THIS, YOU KNOW, EVENT. SO AND SO THAT'S STAFF GETS TO DRAW THAT LINE. YEAH. YEAH. WE KIND OF WE CAN WE EVALUATE IT AND TAKE A LOOK AT IT AND I THINK WE'VE HAD SOME SITUATIONS WHERE WE'VE SAID THAT THE PLANTINGS OR WHATEVER HAVE TO BE IN PLACE FOR THREE, MAYBE SIX MONTHS. SO THAT'S NATURAL MITIGATION. YOU KNOW, MITIGATION WHEN WE DO THAT. SO IF THIS DOESN'T, IS THIS REALLY NOT REQUIRING THE MITIGATION? BUT WHEN SOMEBODY DOES MITIGATION, THEY HAVE TO MONITOR FOR THREE YEARS UNLESS THEY CAN REQUEST, YOU KNOW, IF IT'S REALLY GROWING GOOD. THE VEGETATION IS GROWING GOOD. WE'VE HAD SOME THAT DID IT AND THEY CAME BACK IN SIX MONTHS AND SAID, HEY, WE PLANTED THIS MITIGATION AREA AND IT'S GOING GOOD AND WE DON'T NOT MONITOR IT. WE STILL MAINTAIN IT AND THAT'S SOMETHING GLOW IS REALLY PUSHING THAT TOO IS WE'RE REALLY STARTING TO MONITOR THESE MITIGATION SITES AND STUFF LIKE THAT. YOU SAID Y'ALL ARE BEEFING THAT UP RIGHT? YEAH. YES. SO I GUESS COULD WE PUT A STIPULATION ON THIS THAT SAYS YOU'RE RESPONSIBLE FOR THIS THING FOR TEN YEARS OR FIVE YEARS OR SOME PERIOD OF TIME THAT IT'S NOT LIKE THAT WOULD MAKE US FEEL BETTER, MAYBE ABOUT THE FACT THAT THERE'S JUST ONE DUNE THERE AND NOT A WHOLE SYSTEM AND SO WOULDN'T THAT BE NOT TO HAVE THE DISCUSSION BEFORE WE HAVE A MOTION, BUT WHAT WOULD OUR ENFORCEMENT IN SOMETHING LIKE THAT BE? HOW WOULD WE ENFORCE THAT? WELL, FIRST I'LL SAY YOU SHOULD NOT PUT A NUMBER OF YEARS MORE THAN AT LEAST ONE ON ANYTHING LIKE THIS. BECAUSE NATURE HAPPENS, YOU KNOW AND HOW WOULD YOU ENFORCE IT? NATURE HAPPENS. I DON'T KNOW IF KYLE HAS A DIFFERENT I MEAN, LIKE I SAID, IF IT'S FORMING AND THEN WE HAVE A CATEGORY FIVE HURRICANE COME THROUGH AND TAKE IT OUT AND THEY'VE DONE EVERYTHING THEY CAN TO DO IT AND HAVE MAINTAINED IT. THEN WHERE DO WE GET YOU KNOW, WE JUST REQUIRING TOO MUCH FOR SOMEBODY OWNING SOMETHING ON THE BEACH. YOU KNOW I'M NOT DOING THIS TO SAFEGUARD THEIR PROPERTY. YEAH. SO BUT IT ALSO IF YOU PUT SOME TIME CONSTRAINTS ON IT, IT WOULD ALSO GIVE HIS NEIGHBORS A CHANCE IF THEY COME ALONG TO KNOW THAT HIS DUNES GOING TO BE THERE. BECAUSE THE WAY THESE DUNES WORK, THEY GOT TO BE YOU GOT TO HAVE MORE THAN A PILE OF SAND TO MAKE THE DUNE WORK. IF WE PUT A TIME FRAME, I WOULDN'T GO. I WOULD. YOU KNOW, THE TEXAS ADMINISTRATIVE CODE SAYS THREE YEARS FOR MITIGATION. I WOULDN'T GO ANY MORE THAN MORE THAN THAT. OKAY. YOU KNOW, BUT THREE YEARS IS THE STANDARD ALREADY. WELL, NOT FOR MAN MADE DUNE. THAT'S FOR THE MITIGATION FOR MAN MADE DUNE. THERE'S NOT REALLY IF WE WENT OUT THERE AND YOU KNOW, IF WE WANTED TO AND IT GOT WASHED OUT FOR YEARS, WE COULD SAY, HEY, YOU MUST MAINTAIN THIS IF WE FELT LIKE IT NEEDED, NEEDED IT. BUT LIKE I SAID, IT WOULD BE UP TO THE STAFF AND THE CONDITIONS AND THINGS LIKE THAT. BUT IF I WOULDN'T GO MORE THAN WHAT THE STATE REQUIRES FOR MITIGATION. MR. KYLE SO IF IS A DEFINITION OF DUNE, A RISE IN THE SAND WITH VEGETATION IS VEGETATION MENTIONED IN THE DEFINITION OF DUNE? IF WE LOOK AT THE ACTUAL DEFINITION, OR IS IT JUST SAND? YOU LOOK AT OUR DEFINITION FOR MAN MADE DUNE. IT HAS VEGETATION OKAY. IT HAS TO BE. SO THAT'S WHAT WE'RE GOING WITH. THE DEFINITION IS IN OUR PLAN FOR A MAN MADE DUNE IS HAS A HEIGHT REQUIREMENT SLOPE REQUIREMENTS AND IT HAS TO HAVE 50% COVERAGE OF PLANTING VEGETATION. OKAY. ALL RIGHT. I'D LIKE TO MAKE A MOTION THAT WE AMEND THE MOTION BEFORE US BY INCLUDING THAT THE PROPERTY OWNER MAINTAIN THE DUNE FOR A MINIMUM OF THREE YEARS. SO THAT'S A MOTION. IT WOULD NEED A SECOND TO MOVE FORWARD. WELL, WE HAVE A MOTION ON THE FLOOR, BUT WE'RE AMENDING THE MOTION THAT'S THERE. SO YOU GOT TO AMEND THIS AMENDMENT. YOU CAN'T JUST GO SAY, OH I'M GOING TO CHANGE MY I MEAN, [00:55:06] YOU CAN, BUT YOU REALLY IT'S AN AMENDMENT. SO YOU HAVE TO AMEND THE MOTION. SO IT'S A MOTION TO AMEND IT. THERE'LL BE SOME DISCUSSION ON THE AMENDMENT. IT EITHER PASSES OR FAILS AND THEN IT GOES ON EITHER AMENDED OR NOT. I'LL SECOND JUST FOR THE DISCUSSION. OKAY. ALL RIGHT. SO WE HAVE A MOTION AND A SECOND. IS THERE ANY DISCUSSION? SO THE MOTION IS TO REQUIRE THE PROPERTY OWNER TO MAINTAIN THE DUNE FOR NO LESS THAN THREE YEARS. PRECEDENCE. MY BIGGEST CONCERN IS YOU'RE SETTING A PRECEDENCE OF THREE YEARS. THAT WILL BE CONTINUING ON. IS THAT WHAT WE WANT TO DO? AND I THINK DONNA MADE A FAIR ASSESSMENT. NATURE IS NATURE. DO WE WANT TO HAVE THAT KIND OF THING PLACED UPON EVERY HOMEOWNER AND BUILDER OUT THERE? SO THAT'S THAT AND IF WE DO FIND ONEROUS, BUT IT'S YEAH, YOU GUYS KNOW WHAT WE'RE DOING HERE. I MEAN, THIS GUY IS GOING TO HAVE A POLICY IN THERE AND POOF, IT'S GONE AND THERE'S NO DUNES ANYMORE. THE ONLY WAY THIS THING HAS A CHANCE, THESE DUNES AND EVEN GOING FORWARD WHERE WE HAVE THESE, IS WE GOT TO HAVE THESE PEOPLE ALL COME TOGETHER AND HOOK THE DUNES. THERE HAS TO BE A DUNE SYSTEM. IT CAN'T JUST BE A SINGLE. LOOK, I'M NOT AN EXPERT, BUT WHAT THESE GUYS HAVE TOLD ME, AND AT LEAST WE'D HAVE A CHANCE OF HIS NEIGHBOR GOES, THE PROPERTY OWNER, NEXT DOOR GOES, HEY, HE JUST BUILT THE HOUSE. WELL, AT LEAST HE KNOWS NOW WHEN HE BUILDS. HE'S GOT THREE YEARS. NOW THEY AT LEAST HAVE SOME CHANCE. SO THAT'S THE DIRECTION I'M GOING WITH. BECAUSE I JUST THINK WE GOT A I DON'T LIKE. WHERE WE'RE GOING WITH WHAT CAN WE I GET IT, BUT I'M GOING TO HAVE TO DO YOUR THING. I'M GOING TO DO MY THING. I GET IT, BUT WHAT YOU JUST SAID CONCERNS ME WHEN THE COMMENT WAS, THIS IS A BIT MUCH AND YOU SAID, YES, IT'S ONEROUS. THAT MEANS THAT THIS BOARD IS NOT LOOKING AT THIS CASE IN AN INDIVIDUAL MANNER THAT IS NOT ARBITRARY AND CAPRICIOUS. IF YOU WANT TO CHANGE THE RULES TO GIVE A CERTAIN TIME FRAME, THEN THERE'S A METHOD AND A PROCESS OF DOING THAT, BUT IT SHOULD NOT BE DONE WILLY NILLY. I'M SORRY. WILLY NILLY IS TOO, STRONG. SO IF THIS IS SOMETHING NOT BE DONE WITHOUT DUE PROCESS. BUT I MEAN BUT IT'S THREE YEARS IS A LONG TIME WHEN, WE'RE AN ISLAND AND I DON'T WANT THIS BOARD TO START PUTTING IN THESE TIME FRAMES WHERE THE STATE TIME FRAME IS FOR REMEDIATION AND, IT'S NOT FOR SORRY. IT'S FOR MITIGATION. IT'S NOT FOR A MAN MADE DUNE THAT COMES WITH ITS OWN REQUIREMENTS OF A MAN MADE DUNE. DO YOU UNDERSTAND WHAT I'M SAYING? AND THE MITIGATION IS MONITORING THAT REQUIREMENTS FOR MONITORING. AND THEY CAN ASK FOR A SHORTER TIME PERIOD. THEY DIDN'T HAVE TO. THEY DON'T HAVE TO WAIT FOR THREE YEARS. THEY CAN SAY, HEY, WE'VE MADE IT. IT'S 1 TO 1. WE DON'T WANT TO MONITOR IT ANYMORE. THAT'S REALLY THE AND THEN BUT THE SAME THING WITH MITIGATION. YOU KNOW SOMEBODY DOES MITIGATION. THEY GO OUT THERE AND THEY REPLANT EVERYTHING. IT'S SAY IT'S NOT A DUNE, IT'S JUST A FLAT AREA. IF WE GET A STORM AND IT WASHES OUT THE LINE OF VEGETATION AND WASHES THAT OUT. YEAH. YOU KNOW, HOW DO WE ENFORCE THAT? HOW DOES GLO ENFORCE THAT? I MEAN, YOU KNOW, LIKE I SAID, IT'S KIND OF A IT'S JUST LIKE, YOU KNOW, DEALING WITH NATURE, DEALING WITH THESE BEACHFRONT AND IT'S AND WE'VE HAD DISCUSSIONS ABOUT HOW ABOUT DOING THESE ABOUT HARDENING THESE AND, YOU KNOW, SO JUST SO THE APPLICANT KNOWS, I'VE SAT IN HIS CHAIR BEFORE AND I KNOW YOU DON'T LIKE THIS, BUT UNFORTUNATELY, THIS IS SOMETHING THAT WE NEED TO ADDRESS. AND WE HAVE BEEN JUST KIND OF SLIDING THROUGH SOME OF THESE AND YOU KNOW AS WELL AS I DO, KYLE, THAT IF WE KEEP LETTING PEOPLE JUST PUT PILES OF SAND IN FRONT OF THEIR LOTS SO THEY CAN BUILD A HOUSE, WE'RE NOT GOING TO OUR PROBLEM IS NOT GOING TO GET FIXED. THIS THING CANNOT BE HARDENED. THIS DUNE CANNOT BE REINFORCED UNDER THE STATE STATUTE. THE ONLY WAY THAT YOU CAN DO THAT IS IF YOU'RE MULTIPLE HOMES RIGHT BEFORE A SINGLE HOME. SO THE ONLY THING THAT HE CAN DO OUT THERE IS WHAT HE'S DOING, THE THING THAT WE CAN AUTHORIZE, I GUESS MY, MY STATEMENT, QUESTION, CONCERN ALL KIND OF ROLLED INTO ONE THING. YOU KNOW, IF A PERSON IS ALLOWED TO PURCHASE A LOT AND ONCE THEY PURCHASE A LOT, THEY WANT TO BUILD ON THE LOT. [01:00:08] I MEAN, JUST. THAT'S WHY I BOUGHT IT, RIGHT? SO THERE HAS TO BE SOME WAY TO MAKE ROOM OR ALLOWANCES FOR PEOPLE TO BUILD. AND THAT'S LIKE COUNTER WHAT I'M SAYING FROM EARLIER. IT'S JUST THAT I UNDERSTAND THE SITUATION, THAT YOU WANT TO HAVE A BUY A LOT, YOU WANT TO BUILD ON IT AND THERE ARE SOME RESTRICTIONS TO THAT LOT. NOW THE QUESTION IS, DO WE START LETTING PEOPLE BUILD ON THE BEACH WHERE THERE'S NO DUNE? IS THAT WHAT WE'RE GOING TO SAY? SO BECAUSE IF WE'RE NOT GOING TO SAY THAT AND WE'RE GOING TO ALLOW PEOPLE TO PURCHASE AND BUILD ON THE BEACH, ESSENTIALLY IS WHAT THEY'RE DOING, THEN THERE HAS TO BE SOME WAY TO ALLOW FOR THEM TO MAKE SOME TYPE OF MITIGATION TO THE DUNE, IF NECESSARY, RIGHT? OR IF THERE'S NO DUNE TO BUILD A DUNE. SO IT'S KIND OF A CATCH 22. WE DON'T HAVE ANY RULES IN PLACE TO STOP PEOPLE FROM BUYING LOTS, RIGHT? SO IF ERGO, WE GOT TO ALLOW THEM TO BUILD, ERGO THEY HAVE TO BE ABLE TO MAKE SOMETHING TO PROTECT THEIR HOME, HOPEFULLY. IS THAT'S WHAT THE DOOM IS SUPPOSED TO BE FOR. SO IN MY MIND, I DON'T REALLY LIKE THIS EITHER. I THINK THAT THIS IS A SLIPPERY SLOPE, BUT I DON'T THINK THAT WE HAVE A REMEDY PRESENTLY THAT KEEPS HIM FROM DOING WHAT HE'S DOING. JUST MY THOUGHTS. OKAY, THEN I'LL TELL YOU WHAT. WELL, ANY OTHER DISCUSSION ON THE AMENDMENT? RIGHT. THEN I'LL TELL YOU WHAT I'M GOING TO WITHDRAW MY MOTION TO AMEND. SO THE MOTION BEFORE US IS TO WE HAVE AN APPROVAL, WE HAVE A MOTION TO APPROVE AND A SECOND AS PRESENTED. ANY FURTHER DISCUSSION ON THAT ITEM? I'LL JUST SAY THIS. YOU KNOW, I THINK IT'S PROBABLY THIS IS THE SORT OF ISSUE WE PROBABLY NEED TO BRING UP AT THE NEXT WORKSHOP. IT SEEMS LIKE TO ME THERE'S PROBABLY A FIX OUT THERE AND SOMETHING WE COULD, YOU KNOW, MOVE FORWARD WITH, BUT YEAH, OBVIOUSLY IT'S NOT HERE RIGHT NOW, TODAY. SO. ALL RIGHT, ANY OTHER DISCUSSION? THEN WE'LL TAKE THE VOTE. THOSE IN FAVOR? THOSE OPPOSED. THAT'S UNANIMOUS. AND, SIR, I APPRECIATE YOUR PATIENCE. YOU DO NEED TO KNOW THIS IS SOMETHING THAT WE ARE WE STRUGGLE WITH THESE. AND I REALLY APPRECIATE YOUR PATIENCE AND YEAH, I HOPE THAT BLESS YOUR HOUSE AND ALL. YEAH. THANK YOU. I WILL SAY THAT THE BEAUTY OF HAVING A PUBLIC HEARING AND THE DISCUSSIONS THAT HAVE GONE ON AND THE APPLICANT PRESENT IS THAT HE'S NOW WELL AWARE THAT HE'S GOING TO BE MONITORED AND TO MAKE SURE THAT THINGS GO ACCORDING TO COULD BE A BIGGER DEAL AS OPPOSED TO GO. AND WHEN THE APPLICANTS COME UP HERE, THESE TYPE OF PROJECTS, WE FULLY LET THEM KNOW THAT THIS SITUATION, YOU KNOW, WE'RE ALL GOING TO HAVE QUESTIONS, YOU'RE GOING TO HAVE DISCUSSIONS. AND THIS IS A POTENTIAL OUTCOME OF THESE DISCUSSIONS. SO WE'RE COMPLETELY HONEST WITH THEM FROM THE GET GO. WHEN THEY SEND STUFF TO US, WE LET THEM KNOW THAT Y'ALL ARE THE DECISION MAKERS ON THESE PROJECTS. AND YOU KNOW, WE'LL BE THERE TO. THAT'S WHY WE'RE WORKING WITH FOR SO MANY MONTHS BEFORE WE EVEN BRING IT TO Y'ALL. SO WE CAN SAY, THIS IS WHAT WE'VE HOW WE'VE BEEN WORKING WITH THEM AND TRY TO ADDRESS THESE, ISSUES BECAUSE WE KNOW HUNTER AND I KNOW THAT Y'ALL HAVE THESE QUESTIONS AND THINGS LIKE THAT, AND Y'ALL ARE THE ONES MAKING THE DECISIONS SO WE CAN, YOU KNOW, SAY IT MAY NOT BE ALWAYS WHAT Y'ALL WANT TO HEAR, BUT WE WILL TELL YOU WHAT HOW WE WORKED WITH THEM TO GET TO THIS POINT. NO AND YOU GUYS DO A GREAT JOB WITH THAT. KYLE. BUT THESE ARE WE GOT TO FIGURE THIS OUT. WELL, IN OUR OBLIGATION TO THE COMMUNITY IS. AND WE'RE ALLOWING BUILDING IN A DUNE CONSERVATION AREA, WHICH MAKES ME STOP AND THINK WHY WE HAVE A DUNE CONSERVATION AREA, THEN IF WE'RE GOING TO ALLOW EXEMPTIONS AND LET PEOPLE BUILD THEIR I MEAN, WHY DO WE HAVE THESE ESTABLISHED RULES TO BEGIN WITH? NOW I UNDERSTAND THE START. BUILDING YOUR DUNE PUTS YOU 33FT, WHICH KIND OF IS A BETTER AREA FOR YOU. WAY BETTER THAN THE 25FT. SO BUT IT'S PAINFUL FOR US, HONESTLY, BECAUSE WE HAVE RULES AND WE'RE ALLOWING EXEMPTIONS TO THOSE RULES. WHICH AGAIN, MAKES ME ASK, WHY DO WE HAVE THE RULES TO BEGIN WITH? ALL RIGHT. GOOD LUCK WITH YOUR PROJECT, SIR. ANY OTHER BUSINESS THEN? YES. GIVE YOU GUYS A QUICK UPDATE. I'VE BEEN ATTENDING THE CITIZEN PLANNER SESSIONS IN HOUSTON, SPONSORED BY TEXAS A&M AND IT'S BEEN, VERY INTERESTING TOPICS. THEY'VE TALKED ABOUT FLOOD CONTROL. THEY'VE TALKED ABOUT THE WHOLE HISTORY OF URBAN PLANNING, WHICH IS PRETTY INTERESTING. THE CITIES THAT ARE REPRESENTED ARE FROM AS LARGE AS HOUSTON TO AS SMALL AS GALVESTON, MISSOURI CITY AND LULING, TEXAS, EVEN BUT YEAH, BUT VERY INTERESTING. PRESENTATIONS FROM FROM DIFFERENT RESEARCHERS AND PRESENTERS AND PEOPLE WHO WORK FOR CITY GOVERNMENTS ABOUT THE VERY THINGS THAT WE'RE DEALING WITH. [01:05:09] SO JUST SO YOU KNOW THAT I'VE MET ALL THESE PEOPLE FROM THESE DIFFERENT THAT ARE APPOINTED AND ELECTED OFFICIALS, ALL DEALING WITH THE VERY SAME THINGS THAT WE'VE TALKED ABOUT, FLOOD CONTROL, WE'VE TALKED ABOUT LAND USE ISSUES. WE'VE TALKED ABOUT, YOU KNOW, PROPERTY RIGHTS, ALL THESE DIFFERENT KINDS OF THINGS. SO IT'S BEEN, VERY INTERESTING AND I THINK IT'S BEEN VERY INFORMATIVE FOR MY WORK AND AS A MEMBER OF THIS COMMISSION, THE EMAIL THAT I SENT OUT FOR NEXT THURSDAY, THE 29TH, IT'S AN EARLY MORNING ACTIVITY IN SUGAR LAND, AND IT'S PUT ON BY A GROUP CALLED URBAN LAND INSTITUTE OR SOMETHING LIKE THAT, BUT THEY'RE DOING EXERCISES WITH THEN YOU CAN PARTICIPATE IN THESE GROUPS AND THEY GIVE YOU LIKE A PROJECT, LIKE YOU'VE GOT SO MUCH LAND AND THIS IS YOU'VE GOT TO PLAN, WHERE'S THE SCHOOL GO, WHERE'S THE CHURCH GO, WHERE'S THE GROCERY STORE GO, AND THINGS LIKE THAT. WHERE'S THE PARK? SO I THINK IT'S LIKE $25 IF ANYONE'S AVAILABLE TO GO DO THAT. IT'S EARLY, BUT IT INCLUDES LUNCH AND THEY'VE GOT SOME OTHER THEY'VE GOT SOME ACTIVITIES IN THE AFTERNOON. BUT UNFORTUNATELY I WON'T BE ABLE TO ATTEND THAT. BUT I JUST WANT TO LET YOU GUYS KNOW IT'S BEEN VERY, VERY INFORMATIVE. 35 FOR NONMEMBERS. SO 35 FOR NONMEMBERS. CAN YOU SWING A CATHERINE? PROBABLY. WE PROBABLY CAN. I JUST WANT TO SAY THANK YOU TO COMMISSIONER RIOS FOR TAKING THAT ON, BECAUSE THAT IS A REAL TIME COMMITMENT. IT'S EVERY WEDNESDAY EVENING AND IT'S GOING ALL THE WAY UP TO HOUSTON. SO THANK YOU. AND THANK YOU FOR YOUR ENTHUSIASTIC REPORT. I DO HAVE ONE MORE THING. YES, MA'AM. THIS THURSDAY'S CITY COUNCIL ON THE WORKSHOP IS AN ITEM THAT BELIEF EX OFFICIO RAWLINGS PUT ON THERE ABOUT PLANNING COMMISSION JOINT MEETINGS WITH CITY COUNCIL. AND SO I DIDN'T WANT FOLKS TO LOOK AT THE AGENDA AND SAY, HEY, WHAT'S THIS ABOUT? OR ACTUALLY, YOU CAN SAY THAT BECAUSE WE SAID THE SAME THING. WE DON'T KNOW WHAT IT'S ABOUT. AND SO I WILL TRY AND FIGURE OUT FROM COUNCILMAN RAWLINGS HOPEFULLY BEFORE THE MEETING AS TO. OH, YOU HAVE ALREADY. IS IT A WORKSHOP? HE'S PROBABLY NOT GOING TO BE THERE. SO JANELLE LET US KNOW THAT HE'S HAD AN INJURY. AND SO HE'S NOT GOING TO BE HERE TODAY AND HE'S PROBABLY NOT GOING TO BE THERE ON THURSDAY. OH OKAY. BUT IT'S GOOD TO KNOW FOR THE COMMISSION THAT THE TOPIC IS OUT THERE. YEAH. OKAY. SO AND IF THAT'S THE CASE IT'LL PROBABLY EITHER JUST MOVE DEFERRED OR SOMETHING. BUT I COULDN'T TELL YOU WHAT. MAYBE ON THE NEXT AGENDA WE CAN QUERY THE COMMISSIONERS ON WHETHER OR NOT THEY'D WANT TO HAVE A JOINT MEETING OR REGULAR MEETING WITH CITY COUNCIL. WELL, YOU KNOW, WE TALKED ABOUT THAT PREVIOUSLY, AND THEN WE ENDED UP KIND OF DOING OUR WE KIND OF CIRCUMVENTED THAT A LITTLE BIT. I STARTED AT THE CITY COUNCIL LEVEL. THEY WANTED TO MEET WITH US. YOU KNOW WHAT? WHICH YOU KNOW NOW THAT ANTHONY'S GOING AND GETTING FED AT THESE OTHER DEALS, IF I SHOW UP TO THE WORKSHOP, YOU KNOW, IS LUNCH INCLUDED ANYMORE? BECAUSE I'M GOING TO GO WITH ANTHONY AND EAT, IF THAT'S WHAT'S GOING ON. GOING TO HAVE A CAN OF VIENNA SAUSAGES? OH MY GOSH. FIGURE OUT FROM OR CATHERINE FROM COUNCILMAN RAWLINGS WHEN HE'S ABLE WHAT IT'S ABOUT. BUT THAT ITEM IS ON THE WORKSHOP AGENDA. BUT I'M PRETTY SURE IT'LL BE TOLD IF NO ONE'S THERE TO REALLY SAY, YOU KNOW, WHAT DOES HE WANT? ASIDE FROM MAYBE GIVING A REPORT OF SOME THINGS THAT THE COMMISSIONERS HAVE BEEN WORKING ON. GOOD ENOUGH. ALL RIGHT. ANY OTHER BUSINESS, THEN WE'LL BE ADJOURNED. THANK YOU. * This transcript was compiled from uncorrected Closed Captioning.