Staff Report 12P-02 - Galveston, TX
Transcript of Staff Report 12P-02 - Galveston, TX
IStaff Report 12P-02 Page 11 12P-02 (An approximate 300 x 260 four (4) foot portion of right-of-way Adjacent to 2115 WinnieAvenue G) Request for an Abandonment of an approximate 4480 square-foot portion of sidewalk right-of-way Property is legally described as all of block 321 in the City and County of Galveston Texas Applicant Ilan Amsalem Property Owner City of Galveston
E f Z XIS ID2 onID2 andLandUse
Zoning Central Business (CB)
Land Use Commercial
Surroundin2 Zoo bull T and Use
North South East West
Zoning Central Business (CB)
Central Business (CB)
Central Business (CB)
Central Business
(CB)
Land Use Commercial Commercial Residential
Park Commercial
602Property Owner Notification as 0 fMarch 12 1
Returned In Favor In Opposition No CommentSent
18
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City Department Notifications Airport Building Department Fire Chief F ire Marshal
Police Department Public Works Department
Private Utility Notifications ATampT Center Point Energy
Comcast Texas Gas Service
BACKGROUND
December 28 2011
No Objection No Objection No Objection No Objection with comment If fencing is to remain emergency apparatus access must conform with the 2009 IFC and be maintained (to include emergency opening devices where appropriate ) No Objection No Objection
Pending Objection with the following comment Must submit street closure application to ensure no facilities exist or future need No Objection Pending
The Department of Planning and Community Development received a complaint regarding construction of a 6-foot black iron fence in the City Right-of-Way on portions of all sides of the 2100 block addressed as 2115 WinnieAvenue G The office building covers the entire block The owners installed the fence in February 2010 with posts set into the concrete sidewalks A Compliance Officer inspected the site in March 2010 and confirmed the complaint A compliance case was opened and a letter was sent to the business owner
1Staff Report 12P-02 Page 21 regarding the requirement to obtain an approved License to Use the City right-of-way for placement of the fence in the City right-of-way
On March 16 2010 a License to Use application was submitted to the Department of Planning and Community Development On April 82010 the Planning Commission approved a License to Use the City right-of-way with following conditions
I The fencing shall be removed from the City of Galveston right-of -way by March I 20 11 2 Upon removal of fencing all holes within the concrete sidewalk shall be filled to be flush with the
sidewalk elevation
On April 25 20 II a new compliance case was opened regarding the removal of the fence On June 6 2011 charges were filed through Municipal Court for failure to remove the fence The compliance case is currently open awaiting resolution from the property owner
ANALYSIS
The applicant is requesting approval of an abandonment of an approximate four (4 ) foot portion of rightshyof-way adjacent to 2115 Winnie Avenue G which encompasses the entire block The abandonment is associated with efforts by the applicant to retain the fence that was built in the City sidewalk right-ofshyway According to the site plan in Attachment D there is enough room on private property to place the fence
The applicant decided against obtaining a survey and appraisal prior to the Planning Commission hearing the case for abandonment
Site Details This request is for approximately 4480 square feet of ROW along the entire building Currently the fence encroaches approximately 4-feet into the City Right-of Way The fence posts were set into the cement of the City sidewalk about I2-feet back from the curb which encroaches the approximate 16-foot City right-of-way
Impact on Transportation System The License to Use the City right-of-way may create an adverse impact on the existing transportation system The sidewalk will be reduced by about nine inches (9) leaving five (5 ) feet for pedestrian passage The uneven concrete around the poles may produce a hazard for pedestrians
Impact on Public Utilities and Services Based on all city departments having no objection the proposed abandonment should not have a negative impact on public utilities The Fire Marshal did have a comment regarding the emergency apparatus access must conform to the 2009 IFC and be maintained (to include emergency opening devices where appropriate) It is unclear at this time if the gates conform Staff has contacted the Fire Marshals office for clarification and should have more details at the Planning Commission meeting
Private Utilities and Services Center Point Energy objected to the abandonment pending a street closure application being submitted by the applicant The applicant was notified to contact Center Point Energy regarding the street closure application At this time it is not clear if the proposed abandonment will have a negative impact on private utilities
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The proposed abandonment does comply with the 2011 Comprehensive Plan goal of maintaining the grid pattern in the Urban Core However the 2011 Comprehensive Plan does say the Citys duty is to balance the desires of private individuals with the protection of the public land
Staff Report 12P-02 Pa
T-42 Ensure Appropriate Use of Public Rights-of-Way
The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-oi-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land For abandonment requests in the Urban Core the Planning Commission and City Council should consider the importance ofretaining Galvestons grid pattern The grid pattern was established in 1838 by the Galveston City Company and has been the most important factor in shaping the Citys physical appearance Due to the importance of the grid the Landmark Commission should explore protection of the grid through the Galveston Landmark program The ITC has passed a Resolution recognizing the importance of the grid as a component of the Citys transportation system
The fence being placed in the City right-of-way serves to provide security to the adjacent business but does not provide any benefit to the public The fence creates an obstruction to pedestrian circulation as well as a possible tripping hazard with the uneven sidewalk
The Comprehensive Plan states above that it is the Citys duty to balance the desires of the private individuals with the protection of the public land Staff believes the applicant has other options for placement of the fence on private property without the use of City right-of-way
STAFF RECOMMENDATION
Based on the non-conformance with the Comprehensive Plan the objection from Center Point Energy and the potential negative impact on private utilities and the pedestrian environment Staff recommends Case 12P-02 request regarding an abandonment for the placement of a fence be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific Conditions to 12P-02
1 The fence and posts shall be removed from the city right-of-way
2 All holes within the concrete be patched and filled to be flush with the sidewalk elevation
3 The applicant shall submit the Street closure application to Center Point Energy and provide proper documentation to the City of Galveston acknowledging the completion of the street closure process
Standard conditions for an abandonment
4 The applicant shall pay for an opinion letter from a licensed real estate broker or appraiser regarding the market value of the subject property The licensed real estate broker or appraiser shall be appointed by the City
5 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval
6 The applicant shall dedicate all easements necessary during the platting process to access any publicprivate utilities and services determined to be present
7 The applicant shall pay the value of the property as determined by the licensed real estate broker or appraiser after it is reviewed and approved by the City Council and
8 Upon payment of the property and execution of the Deed without Warranty a replat of the properties shall be completed within 6 months of the filing of the deed or prior to the issuance of a building permit for this portion of property whichever comes first
Staff Report 12P-02 Page 4
I City Council has the final decision regarding the request for abandonment Council will hear this request on March 222012
1i ATTACHMENTS
I A - Zoning Map i B - Aerial C Surveyl D Site Plan 1
Respectfully Submitted
II
1iliuP2kllilrti DivisionPCStaff Reports12pc12P-7612P-02 STFdoc
Date
Date
J I
i I
IStaff Report 12P-07 Page 11 12P-07 (Pirates Beach Subdivision - 4215 Sea Eagle to 4222 Swashbuckle) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots I 21 and Common Court (0-1) Block 3 of Section 2 Lots I 18 and Common Court (0-1) Block 4 of Section 2 Lots 1 16 and Common Court (0-1) Block 5 of Section 2 Lots 1 14 and Common Court (0-1) Block 6 of Section 2 Lots 1 amp2 (1-1) 14 and Common Court (0-1) Block 7 of Section 2 Lot 1 South 112 of Lot 2 Lot 14 and Common Court (0-1) Block 11 of Section 3 Lots 1 amp 2 (2shy0) 16 and Common Court (0-1) Block 12 of Section 3 Lots 596077789495 103 amp 104 of Section 6 Lots 8 9 24 25 38 and 39 Block 1 of Section 7 Lots 4 amp 5 Block 1 of Section 9 and Lots 6 7 14-17 24 25 31-33 Block 1 of Section 10 of Pirates Beach a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pirates Property Owners Association E Z xlstmg onm~andLandUse
Zoning One Family-Two (IF-2) and Beach (B)
Land Use Open Beach Area i
S d Zourroun 109 nmgandLandUse
North South East West
Zoning One Family-Two (IF-2)
Beach (B) One Family-Two (1 F-2)
Retail (R)
Land Use Residential Open Beach Area Residential Vacant
Property o fi arch 6 20 2wner Noti lcation as 0 fM 1
Sent Returned In Favor In Opposition No Comment _
256
Advertisement Date February 232012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Com cast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 6552 linear feet of beach adjacent to the Pirates Beach subdivision Please note this request excludes the beach adjacent to the Palm Beach subdivision
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
I I
I
StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
nate hzJJ
I
I f f
I I
IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
Advertisement Date
City Department Notifications
Airport Building Division
Fire Chief F ire Marshal Police Department Public Works
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
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City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
1Staff Report 12P-02 Page 21 regarding the requirement to obtain an approved License to Use the City right-of-way for placement of the fence in the City right-of-way
On March 16 2010 a License to Use application was submitted to the Department of Planning and Community Development On April 82010 the Planning Commission approved a License to Use the City right-of-way with following conditions
I The fencing shall be removed from the City of Galveston right-of -way by March I 20 11 2 Upon removal of fencing all holes within the concrete sidewalk shall be filled to be flush with the
sidewalk elevation
On April 25 20 II a new compliance case was opened regarding the removal of the fence On June 6 2011 charges were filed through Municipal Court for failure to remove the fence The compliance case is currently open awaiting resolution from the property owner
ANALYSIS
The applicant is requesting approval of an abandonment of an approximate four (4 ) foot portion of rightshyof-way adjacent to 2115 Winnie Avenue G which encompasses the entire block The abandonment is associated with efforts by the applicant to retain the fence that was built in the City sidewalk right-ofshyway According to the site plan in Attachment D there is enough room on private property to place the fence
The applicant decided against obtaining a survey and appraisal prior to the Planning Commission hearing the case for abandonment
Site Details This request is for approximately 4480 square feet of ROW along the entire building Currently the fence encroaches approximately 4-feet into the City Right-of Way The fence posts were set into the cement of the City sidewalk about I2-feet back from the curb which encroaches the approximate 16-foot City right-of-way
Impact on Transportation System The License to Use the City right-of-way may create an adverse impact on the existing transportation system The sidewalk will be reduced by about nine inches (9) leaving five (5 ) feet for pedestrian passage The uneven concrete around the poles may produce a hazard for pedestrians
Impact on Public Utilities and Services Based on all city departments having no objection the proposed abandonment should not have a negative impact on public utilities The Fire Marshal did have a comment regarding the emergency apparatus access must conform to the 2009 IFC and be maintained (to include emergency opening devices where appropriate) It is unclear at this time if the gates conform Staff has contacted the Fire Marshals office for clarification and should have more details at the Planning Commission meeting
Private Utilities and Services Center Point Energy objected to the abandonment pending a street closure application being submitted by the applicant The applicant was notified to contact Center Point Energy regarding the street closure application At this time it is not clear if the proposed abandonment will have a negative impact on private utilities
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The proposed abandonment does comply with the 2011 Comprehensive Plan goal of maintaining the grid pattern in the Urban Core However the 2011 Comprehensive Plan does say the Citys duty is to balance the desires of private individuals with the protection of the public land
Staff Report 12P-02 Pa
T-42 Ensure Appropriate Use of Public Rights-of-Way
The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-oi-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land For abandonment requests in the Urban Core the Planning Commission and City Council should consider the importance ofretaining Galvestons grid pattern The grid pattern was established in 1838 by the Galveston City Company and has been the most important factor in shaping the Citys physical appearance Due to the importance of the grid the Landmark Commission should explore protection of the grid through the Galveston Landmark program The ITC has passed a Resolution recognizing the importance of the grid as a component of the Citys transportation system
The fence being placed in the City right-of-way serves to provide security to the adjacent business but does not provide any benefit to the public The fence creates an obstruction to pedestrian circulation as well as a possible tripping hazard with the uneven sidewalk
The Comprehensive Plan states above that it is the Citys duty to balance the desires of the private individuals with the protection of the public land Staff believes the applicant has other options for placement of the fence on private property without the use of City right-of-way
STAFF RECOMMENDATION
Based on the non-conformance with the Comprehensive Plan the objection from Center Point Energy and the potential negative impact on private utilities and the pedestrian environment Staff recommends Case 12P-02 request regarding an abandonment for the placement of a fence be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific Conditions to 12P-02
1 The fence and posts shall be removed from the city right-of-way
2 All holes within the concrete be patched and filled to be flush with the sidewalk elevation
3 The applicant shall submit the Street closure application to Center Point Energy and provide proper documentation to the City of Galveston acknowledging the completion of the street closure process
Standard conditions for an abandonment
4 The applicant shall pay for an opinion letter from a licensed real estate broker or appraiser regarding the market value of the subject property The licensed real estate broker or appraiser shall be appointed by the City
5 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval
6 The applicant shall dedicate all easements necessary during the platting process to access any publicprivate utilities and services determined to be present
7 The applicant shall pay the value of the property as determined by the licensed real estate broker or appraiser after it is reviewed and approved by the City Council and
8 Upon payment of the property and execution of the Deed without Warranty a replat of the properties shall be completed within 6 months of the filing of the deed or prior to the issuance of a building permit for this portion of property whichever comes first
Staff Report 12P-02 Page 4
I City Council has the final decision regarding the request for abandonment Council will hear this request on March 222012
1i ATTACHMENTS
I A - Zoning Map i B - Aerial C Surveyl D Site Plan 1
Respectfully Submitted
II
1iliuP2kllilrti DivisionPCStaff Reports12pc12P-7612P-02 STFdoc
Date
Date
J I
i I
IStaff Report 12P-07 Page 11 12P-07 (Pirates Beach Subdivision - 4215 Sea Eagle to 4222 Swashbuckle) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots I 21 and Common Court (0-1) Block 3 of Section 2 Lots I 18 and Common Court (0-1) Block 4 of Section 2 Lots 1 16 and Common Court (0-1) Block 5 of Section 2 Lots 1 14 and Common Court (0-1) Block 6 of Section 2 Lots 1 amp2 (1-1) 14 and Common Court (0-1) Block 7 of Section 2 Lot 1 South 112 of Lot 2 Lot 14 and Common Court (0-1) Block 11 of Section 3 Lots 1 amp 2 (2shy0) 16 and Common Court (0-1) Block 12 of Section 3 Lots 596077789495 103 amp 104 of Section 6 Lots 8 9 24 25 38 and 39 Block 1 of Section 7 Lots 4 amp 5 Block 1 of Section 9 and Lots 6 7 14-17 24 25 31-33 Block 1 of Section 10 of Pirates Beach a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pirates Property Owners Association E Z xlstmg onm~andLandUse
Zoning One Family-Two (IF-2) and Beach (B)
Land Use Open Beach Area i
S d Zourroun 109 nmgandLandUse
North South East West
Zoning One Family-Two (IF-2)
Beach (B) One Family-Two (1 F-2)
Retail (R)
Land Use Residential Open Beach Area Residential Vacant
Property o fi arch 6 20 2wner Noti lcation as 0 fM 1
Sent Returned In Favor In Opposition No Comment _
256
Advertisement Date February 232012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Com cast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 6552 linear feet of beach adjacent to the Pirates Beach subdivision Please note this request excludes the beach adjacent to the Palm Beach subdivision
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
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IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
Staff Report 12P-02 Pa
T-42 Ensure Appropriate Use of Public Rights-of-Way
The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-oi-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land For abandonment requests in the Urban Core the Planning Commission and City Council should consider the importance ofretaining Galvestons grid pattern The grid pattern was established in 1838 by the Galveston City Company and has been the most important factor in shaping the Citys physical appearance Due to the importance of the grid the Landmark Commission should explore protection of the grid through the Galveston Landmark program The ITC has passed a Resolution recognizing the importance of the grid as a component of the Citys transportation system
The fence being placed in the City right-of-way serves to provide security to the adjacent business but does not provide any benefit to the public The fence creates an obstruction to pedestrian circulation as well as a possible tripping hazard with the uneven sidewalk
The Comprehensive Plan states above that it is the Citys duty to balance the desires of the private individuals with the protection of the public land Staff believes the applicant has other options for placement of the fence on private property without the use of City right-of-way
STAFF RECOMMENDATION
Based on the non-conformance with the Comprehensive Plan the objection from Center Point Energy and the potential negative impact on private utilities and the pedestrian environment Staff recommends Case 12P-02 request regarding an abandonment for the placement of a fence be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific Conditions to 12P-02
1 The fence and posts shall be removed from the city right-of-way
2 All holes within the concrete be patched and filled to be flush with the sidewalk elevation
3 The applicant shall submit the Street closure application to Center Point Energy and provide proper documentation to the City of Galveston acknowledging the completion of the street closure process
Standard conditions for an abandonment
4 The applicant shall pay for an opinion letter from a licensed real estate broker or appraiser regarding the market value of the subject property The licensed real estate broker or appraiser shall be appointed by the City
5 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval
6 The applicant shall dedicate all easements necessary during the platting process to access any publicprivate utilities and services determined to be present
7 The applicant shall pay the value of the property as determined by the licensed real estate broker or appraiser after it is reviewed and approved by the City Council and
8 Upon payment of the property and execution of the Deed without Warranty a replat of the properties shall be completed within 6 months of the filing of the deed or prior to the issuance of a building permit for this portion of property whichever comes first
Staff Report 12P-02 Page 4
I City Council has the final decision regarding the request for abandonment Council will hear this request on March 222012
1i ATTACHMENTS
I A - Zoning Map i B - Aerial C Surveyl D Site Plan 1
Respectfully Submitted
II
1iliuP2kllilrti DivisionPCStaff Reports12pc12P-7612P-02 STFdoc
Date
Date
J I
i I
IStaff Report 12P-07 Page 11 12P-07 (Pirates Beach Subdivision - 4215 Sea Eagle to 4222 Swashbuckle) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots I 21 and Common Court (0-1) Block 3 of Section 2 Lots I 18 and Common Court (0-1) Block 4 of Section 2 Lots 1 16 and Common Court (0-1) Block 5 of Section 2 Lots 1 14 and Common Court (0-1) Block 6 of Section 2 Lots 1 amp2 (1-1) 14 and Common Court (0-1) Block 7 of Section 2 Lot 1 South 112 of Lot 2 Lot 14 and Common Court (0-1) Block 11 of Section 3 Lots 1 amp 2 (2shy0) 16 and Common Court (0-1) Block 12 of Section 3 Lots 596077789495 103 amp 104 of Section 6 Lots 8 9 24 25 38 and 39 Block 1 of Section 7 Lots 4 amp 5 Block 1 of Section 9 and Lots 6 7 14-17 24 25 31-33 Block 1 of Section 10 of Pirates Beach a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pirates Property Owners Association E Z xlstmg onm~andLandUse
Zoning One Family-Two (IF-2) and Beach (B)
Land Use Open Beach Area i
S d Zourroun 109 nmgandLandUse
North South East West
Zoning One Family-Two (IF-2)
Beach (B) One Family-Two (1 F-2)
Retail (R)
Land Use Residential Open Beach Area Residential Vacant
Property o fi arch 6 20 2wner Noti lcation as 0 fM 1
Sent Returned In Favor In Opposition No Comment _
256
Advertisement Date February 232012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Com cast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 6552 linear feet of beach adjacent to the Pirates Beach subdivision Please note this request excludes the beach adjacent to the Palm Beach subdivision
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
Staff Report 12P-02 Page 4
I City Council has the final decision regarding the request for abandonment Council will hear this request on March 222012
1i ATTACHMENTS
I A - Zoning Map i B - Aerial C Surveyl D Site Plan 1
Respectfully Submitted
II
1iliuP2kllilrti DivisionPCStaff Reports12pc12P-7612P-02 STFdoc
Date
Date
J I
i I
IStaff Report 12P-07 Page 11 12P-07 (Pirates Beach Subdivision - 4215 Sea Eagle to 4222 Swashbuckle) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots I 21 and Common Court (0-1) Block 3 of Section 2 Lots I 18 and Common Court (0-1) Block 4 of Section 2 Lots 1 16 and Common Court (0-1) Block 5 of Section 2 Lots 1 14 and Common Court (0-1) Block 6 of Section 2 Lots 1 amp2 (1-1) 14 and Common Court (0-1) Block 7 of Section 2 Lot 1 South 112 of Lot 2 Lot 14 and Common Court (0-1) Block 11 of Section 3 Lots 1 amp 2 (2shy0) 16 and Common Court (0-1) Block 12 of Section 3 Lots 596077789495 103 amp 104 of Section 6 Lots 8 9 24 25 38 and 39 Block 1 of Section 7 Lots 4 amp 5 Block 1 of Section 9 and Lots 6 7 14-17 24 25 31-33 Block 1 of Section 10 of Pirates Beach a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pirates Property Owners Association E Z xlstmg onm~andLandUse
Zoning One Family-Two (IF-2) and Beach (B)
Land Use Open Beach Area i
S d Zourroun 109 nmgandLandUse
North South East West
Zoning One Family-Two (IF-2)
Beach (B) One Family-Two (1 F-2)
Retail (R)
Land Use Residential Open Beach Area Residential Vacant
Property o fi arch 6 20 2wner Noti lcation as 0 fM 1
Sent Returned In Favor In Opposition No Comment _
256
Advertisement Date February 232012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Com cast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 6552 linear feet of beach adjacent to the Pirates Beach subdivision Please note this request excludes the beach adjacent to the Palm Beach subdivision
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
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Returned In Favor In Opposition No Comment
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City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
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Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-07 Page 11 12P-07 (Pirates Beach Subdivision - 4215 Sea Eagle to 4222 Swashbuckle) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots I 21 and Common Court (0-1) Block 3 of Section 2 Lots I 18 and Common Court (0-1) Block 4 of Section 2 Lots 1 16 and Common Court (0-1) Block 5 of Section 2 Lots 1 14 and Common Court (0-1) Block 6 of Section 2 Lots 1 amp2 (1-1) 14 and Common Court (0-1) Block 7 of Section 2 Lot 1 South 112 of Lot 2 Lot 14 and Common Court (0-1) Block 11 of Section 3 Lots 1 amp 2 (2shy0) 16 and Common Court (0-1) Block 12 of Section 3 Lots 596077789495 103 amp 104 of Section 6 Lots 8 9 24 25 38 and 39 Block 1 of Section 7 Lots 4 amp 5 Block 1 of Section 9 and Lots 6 7 14-17 24 25 31-33 Block 1 of Section 10 of Pirates Beach a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pirates Property Owners Association E Z xlstmg onm~andLandUse
Zoning One Family-Two (IF-2) and Beach (B)
Land Use Open Beach Area i
S d Zourroun 109 nmgandLandUse
North South East West
Zoning One Family-Two (IF-2)
Beach (B) One Family-Two (1 F-2)
Retail (R)
Land Use Residential Open Beach Area Residential Vacant
Property o fi arch 6 20 2wner Noti lcation as 0 fM 1
Sent Returned In Favor In Opposition No Comment _
256
Advertisement Date February 232012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Com cast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 6552 linear feet of beach adjacent to the Pirates Beach subdivision Please note this request excludes the beach adjacent to the Palm Beach subdivision
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
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Returned In Favor In Opposition No Comment
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Airport Building Department Fire Chief Fire Marshal Police Department Public Works
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ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
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No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-07 Page 21
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)( 4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Pirates Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-07 Page 31 3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2t Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-07 be approved with the following conditions
Specific to Case 12P-07
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 6552 linear feet of beach area within the Pirates Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
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City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
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Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
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IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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A irport Building Department Fire Chief Fire Marshal Police Department Public Works
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Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-07 Page 41
The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 6552 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B Applicants Narrative c - GLO Comment Letter D - Site Plan
Respectfully Submitted
lanner IIlPlanning GIS Analyst
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
I I
I
StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
nate hzJJ
I
I f f
I I
IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
Advertisement Date
City Department Notifications
Airport Building Division
Fire Chief F ire Marshal Police Department Public Works
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
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ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
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BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-08 Page 11
12P-08 (Indian Beach Subdivision - 18915 W De Vaca to 18217 E De Vaca) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 9-2446-59 Lot 60 (60-1) and Lot 61 (61-2) ofIndian Beach Section 4 and Tracts 1 amp 2 of East De Vaca Replat Subdivisions in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Indian Beach Property Owners Association
and Land Use
Zoning Planned Development (PD) and Beach (B)
Open Beach Area Use
S d Zourroun mg nm f andLandUse
North South East West
Zoning Planned Development
(PD)
Beach (B) Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Open Beach Area Texas Campgrounds
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
47
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy bull Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3324 linear feet of beach adjacent to the Indian Beach subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
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City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
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City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
nate hzJJ
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
Advertisement Date
City Department Notifications
Airport Building Division
Fire Chief F ire Marshal Police Department Public Works
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
I f f-
I t
StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
12
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
4
IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
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City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
1Staff Report 12P-08 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Indian Beach Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north ofthe lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
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Returned In Favor In Opposition No Comment
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City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
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Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
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No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
12
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
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ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
4
IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
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City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
1 Staff Report 12P-08 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-08 be approved with the following conditions
Specific to Case 12P-08
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of Iitter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3324 linear feet of beach area within the Indian Beach subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward ofthe 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 3324 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
I I
I
StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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Airport Building Division
Fire Chief F ire Marshal Police Department Public Works
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
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IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
1Staff Report 12P-08 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS A - Aerial Map 8 - Applicants Narrative C GLO Comment Letter 0 - Site Plan
Respectfully Submitted
I
mg
Urban Planner IIfPlanning GIS Analyst Date
ivisionpaStaffReporu12pc I 2P-081 2Pmiddot08 STFdoc
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
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City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
17
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City Department Notifications Private Utility Notifications
Airport Pending ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
I I
I
StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
9
Advertisement Date
City Department Notifications
Airport Building Division
Fire Chief F ire Marshal Police Department Public Works
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
I I
No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
f
IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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t
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
I f f-
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
12
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
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Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
4
IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
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City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
-
IStaff Report 12P-09 Page 11
12P-09 (Playa San Luis Subdivision - 25006 Intrepid to 25342 Intrepid) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Properties are legally described as Lots 23-26 49-52 71-7489-92 Beach Area (0-2) Common Open Space (0-3) and Dunes Area (0-4) Playa San Luis a Subdivision in the City and County of Galveston Texas Applicant CKM Property Management co Susan Gonzales Property Owner Pointe San Luis Property Owners Association
and Land Use
Planned Development (PO)
Open Beach Area
S d Z urroun ID2 onlD ~andL dUan se
North South East
Zoning Planned Planned Planned Development Development Development
(PO) (PO) (PO)
Land Use Residential Open Beach Area Vacant
West
Planned Development
(PO)
Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
39
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City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief Pending Comcast Pending Fire Marshal Pending Texas Gas Service Pending Police Department Pending Public Works Pending
Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 878 linear feet of beach adjacent to the Playa San Luis subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1Staff Report 12P-09 Page 21
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Playa San Luis Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-2l Expand Galvestons Attraction as a Quality Year-Round Tourist Destination)
1 Staff Report 12P-09 Page 31 Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-09 be approved with the following conditions
Specific to Case 12P-09
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profi Ie to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 878 linear feet of beach area within the Playa San Luis subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
1 Staff Report 12P-09 Page 41 8 The applicant must adhere to all comments received from the Texas General Land Office Should
the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights 0 Appeal the Planning Commission has final decision regarding this Beachront Construction CertijicatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comment Letter 0 - Site Plan
ing DivisionPCStaff Reports12pcI2P-09I2P-09 STFdoc
D e
i
IStaff Report 12P-I0 Page 11 12P-lO (20603-20731 E Sandhill Drive and 20803-21127 W Sandhill Drive Sandhill Shores Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 1-37 of Sandhill Shores Subdivision in the City and County of Galveston Texas Applicant and Property Owner Sandhill Shores Property Owners Association Inc Robert Dolgin President
E Z xlstm~ omn~andLandUse
Planned Development (PD) Zoning
Land Use Open Beach Area
S d Z urroun m~ onmg andLandUse
North South East West
Zoning Planned
Development (PD)
Planned Development
(PD) I
Planned Development
(PD)
One Family-One (IF-I)
Land Use Residential Open Beach Area Vacant Residential
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition i No Comment
30
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 3200 linear feet of beach adjacent to the Sandhill Shores subdivision
ANALYSIS
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the Planning Commission for their respective responsibilities as outlined in Section (a)(4) must find that
1) The proposed activity is not a prohibited activity as defined in these standards
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
1 Staff Report 12P-IO Page 21 2) The proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards of these standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Sandhill Shores Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beachfront Construction Certificate and Dune Protection Permits and Management of the Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
S) The activity will not significantly increase the potential for washovers or blowouts to occur
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of beaches (ED-21 Expand Galvestons Attraction as a Quality Year-Round Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that
1Staff Report 12P-lO Page 31 can promote shoreline stabilization (NR-44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-1O be approved with the following conditions
Specific to Case J2P-JO
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from maintenance materials on private property
property owners prior to placing the beach
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration ofthe beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 3200 linear feet of beach area within the Sandhill Shores subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 878 linear feet Isection of beach according to all specifications set by all City Departments f
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting I
sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning I
ff Report 12P-lO Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertijicatelDune Protection Permit Request
AITACHMENTS
A Aerial Map B Applicants Narrative C - GLO Comment Letter D - Site Plan
ing DivisionPCStaffReportsJ 2pc12P-1 O12P-1O STFdoc
~- - 1shyDate
Date I
t
I
IStaff Report 12P-ll Page 11
12P-11 (11403-11719 Beachside Beachside Village Subdivision) Request for a Beachfront Construction CertificateDune Protection Permit in order to obtain an Annual Beach Maintenance Permit to clean beach of debris and seaweed Property is legally described as Lots 131-154 of Beachside Village Subdivision in the City and County of Galveston Texas Applicant and Property Owner Beachside Village Home Owners Association Debbie Reinhart
E f Z dL dUXIS mg onmgan an se i
Planned Development Height and Density Development Zone Zone 6 (PDshyHDDZ-6)
Land Use
Zoning
Open Beach Area
d Z Surroun mg onm andLandUse
North South East West
Zoning Recreation Beach Height Traditional Resort Height Height and and Density Neighborhood and Density
Density Development Development Development I
Zone Zone 6 Development Height and Zone Zone 6 Zone Zone 6 (B-HDDZ-6) Density (RES-HDDZ-6)
(REC-HDDZ-6) Development Zone Zone 6
(TND-HDDZ-6)
Land Use Open Beach Area VacantVacant Residential
IProperty Owner Notification as of March 62012 I
Sent Returned In Favor In Opposition No Comment
48
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection ATampT Pending Building Department No Objection CenterPoint Energy Pending Fire Chief No Objection Comcast No Objection Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works No Objection Other Notifications
Texas General Land Office No Objection with comments (See Attachment C)
Site Details Approximately 2500 linear feet of beach adjacent to the Beachside Village subdivision
tANALYSIS
I I
Section 29-90 Coastal Development (i) - Beachfront Construction amp Dune Protection Permit Standards states that
Before issuing a Dune Protection Permit the Department of Planning amp Transportation and the i Planning Commission for their respective responsibilities as outlined in Section (a)(4) must f find that
j
1) The proposed activity is not a prohibited activity as defined in these standards
IStaff Report 12P-ll Page21
The proposed activity is not prohibited in Section 29-900) Prohibited Activities
2) The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the Dune Protection Line based on substantive findings as defined in Technical Standards ofthese standards
The proposed request for an Annual Beach Maintenance permit is to clean beach of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
3) There are no practicable alternatives to the proposed activity that is located seaward of the Dune Protection Line and adverse effects cannot be avoided as provided in the Mitigation sequence as outlined in these Zoning Standards
The proposed beach maintenance area will be located on the beach adjacent to the Beachside Village Subdivision There are no alternatives for the proposed work
4) The applicants mitigation plan for an activity seaward of the Dune Protection Line if required will adequately minimize mitigate andor compensate for any unavoidable adverse effects
No mitigation plan will be required
5) The proposed activity complies with any applicable requirements of Requirements for Beach front Construction Certificate and Dune Protection Permits and Management ofthe Public Beach of this Section and
The request for Annual Beach Maintenance permit is to clean the beach area of debris and seaweed The beach maintenance activities will be located on the beach from the mean low tide line to 200-feet landward of the 200-foot from mean low tide line
There should be no adverse impacts on the natural drainage pattern of the site and adjacent lots
The Annual Beach Maintenance permit request meets the Beach Access Policies and Requirements and the Dune Protection and Beach Access Plans
6) The structure is located as far landward as practicable
There is no structure being proposed in this application
Staff further finds
1) The activity will not result in the potential for increased flood damage to the proposed construction site or adjacent property
2) The activity will not result in runoff or drainage patterns that aggravate erosion on or off site Furthermore the applicant would be required to submit a drainage plan to show the drainage to the right-of-way to the north of the lot
3) The activity will not result in significant changes to dune hydrology
4) The activity will not disturb unique flora or fauna or result in adverse effects on dune complexes or dune vegetation
5) The activity will not significantly increase the potential for washovers or blowouts to occur I I I
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented this request for a Beachfront Construction CertificatelDune Protection Permit conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the quality of
f
1 Staff Report 12pmiddotll Page 31 beaches (EDmiddot21 Expand Galvestons Attraction as a Quality YearmiddotRound Tourist Destination) Additionally the Natural Resources element identifies beach maintenance as one of many projects that can promote shoreline stabilization (NRmiddot44 Research and Implement Projects to Promote Shoreline Stabilization)
STAFF RECOMMENDATION
Staff recommends Case 12P-ll be approved with the following conditions
Specific to Case 12P-ll
1 Per comments from the Texas General Land Office the applicant shall adhere to the following comments
a The applicant must receive approval from property owners prior to placing the beach maintenance materials on private property
b The beach maintenance materials may not be placed in a manner that interferes with the publics use and access to the public via the identified pedestrian pathways and dune walkovers provided in the City of Galveston Beach Access Plan and the Galveston County Dune Protection and Beach Access Plan
c The applicant should minimize the raking of the beach to only when the influx of materials is heavy enough to impact the publics ability to use the public beach easement The GLO encourages the removal of litter and other debris by handpicking or raking and strongly discourages the use of machines
d The proposed beach maintenance activity must not restrict or interfere with public use of the beach at normal high tides
e The proposed beach maintenance activities must minimize the redistribution of sand and alteration of the beach profile to the greatest extent possible
f The applicant must mitigate for the disturbance of any dunes or dune vegetation
2 The applicant is requesting an Annual Beach Maintenance permit to clean the beach of seaweed and debris for approximately 2500 linear feet of beach area within the Beachside Village subdivision
3 The applicant shall ensure the placement of stockpiled sand or windrows must be located landward of the 200-foot from mean low tide line
Standard conditions
4 All beach maintenance activity shall be conducted in a manner that is consistent with the City of Galvestons beach maintenance activity regulations and the Beach Dune Rules regarding maintenance of the public beach
5 Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris while minimizing the extraction of homogenous sand from the beach The proposed activity must not damage the beach dunes or dune hydrology All debris shall be removed and discarded off-site
6 The applicant shall comply with the attached site plan regarding the geographic confines of the beach maintenance activity The applicant is limited to removing seaweed and debris in that area north of the mean low tide and south of the critical dune on an approximate 2500 linear feet section of beach according to all specifications set by all City Departments
7 The applicant shall insure that there will be a person to monitor the work as not to disturb nesting sea turtles Additionally the Fish and Wildlife Department will be notified prior to each beach cleaning
Staff Report 12P-ll Page 4
8 The applicant must adhere to all comments received from the Texas General Land Office Should the comments require the applicant to alter the project the case must be returned to the Planning Commission for approval and
9 The applicant must adhere to all aspects of Section 29middot90 of the Galveston Zoning Standards Development Preservation and Protection of Sand Dunes
Subject to the Rights of Appeal the Planning Commission has final decision regarding this Beachfront Construction CertificatelDune Protection Permit Request
ATTACHMENTS
A - Aerial Map B - Applicants Narrative C - GLO Comments 0 - Site Plan
Date
DivisionPCIStaffReportsI12pcl2Pmiddot))112Pmiddot11 STFdoc
f
MEMORANDUM TO Willy Gonzalez Chair and Commissioners
Galveston Planning Commission
FROM Dustin Henry AICP Urban Planner II Planning GIS Analyst DWH Department of Planning and Community Development henryduscityofgalvestonorg or 409-797-3669
DATE Thursday February 232012
RE 12P-12 (22518 Kennedy Dr) Request for a Beachfront Construction CertificatelDune Protection Permit in order to construct a new single-family dwelling Property is legally described as Lot 13 Section 23 of Sea Isle a Subdivision in the City and County of Galveston Texas Applicant Billy Stokley Property Owner Barry McGonigal
Staff is requesting that the above referenced request be continued until the March 20 2012 regular meeting in order for Staff to receive comments from the Texas General Land Office
This is the first request for deferral and there are no costs associated with this request
xc Wendy ODonohoe Director Department of Planning and Community Development
SPlanningPlanning DivisionPCStaff Reports12pc12P-1212P-12 memo doc
IStaff Report 12P-13 Page 11
12P-13 (10015 Stewart Road) Request for a General Land Use Plan in conjunction with the development of a veterinarian clinic in a Planned Development within the Height and Density Development Zone Zone 5 (PD-HDDZ-5) zoning district Property is legally described as Lots 24 amp 25 Block 1 West Sands Addition a Subdivision in the City and County of Galveston Texas Applicant Jackie Cole DVM Brax Easterwood Property Owner George Meyer
EfXIS mg Zomng andLandUse
Zoning Planned Development (PD)
Land Use Single-Family Residential
d Z Surroun m~ onm~ andLandUse
North South East West
Zoning Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Planned Development
(PD)
Land Use Residential Campeche Cove
Subdivision
Residential Vacant Lot
Vacant Freshwater Pond
and Emergent Wetlands
Residential Vacant Lot
Property Owner Notification as of March 62012
Sent Returned In Favor In Opposition No Comment
20
February 23 2012
City Department Notifications Public Works Pending
Airport Pending Private Utility Notifications
Building Department Pending ATampT Pending
Fire Chief Pending CenterPoint Energy Pending
Fire Marshal Police Department
Pending Pending
Comcast Texas Gas Service
Pending Pending
ANALYSIS
The applicant is requesting a General Land Use Plan for the development of a veterinarian clinic on a 036 acre property The subject property contains an existing single-family residence which the applicant is proposing to convert into veterinarian office and clinic Additional improvements to the property would include an addition to house interior dog and cat kennels off-street parking for customers and staff landscaping and a fenced offoutdoor area
Proposed Use
The subject site is zoned Planned Development (PD) As proposed the land use Veterinarian office (no animal hospital) is a permitted land use within this zoning district Pursuant to Section 29-40 of the Galveston Zoning Standards any proposed use in the Planned Development (PD) zoning district shall be based upon a detailed site plan approved by the Planning Commission
1 Staff Report 12P-13 Page 21
Site Details
The subject site is consists of two (2) parcels within the West Sands Addition a subdivision located across Stewart Road from the Campeche Cove neighborhood and situated to the north of the westernmost extent of the Galveston Seawall Initially developed circa 1999 the subdivision appears to have never fully realized with none of the remaining lots being developed In fact the existing structure on the subject property was constructed prior to the development of the subdivision
The following represents a timeline of development activity for the subject property and surrounding subdivision
1995 November 7th General Land Use Plan approved for the construction of single-family dwelling (95P-75)
1996 Single-family dwelling constructed at subject location 10015 Stewart Rd
1998 January 6th Preliminary Plat approval for development of a 23 lot single-family subdivision (98P-46)
1998 June 2nd General Land Use Plan and Preliminary Plat approved for development of a 23 lot single-family subdivision (98P-70 and 98P-71)
1999 March 16th Final Plat approved for development of a 25 lot single-family subdivision (99P-37)
In the vicinity of the subject property there are vacant single-family platted lots to the immediate south and across Maceo Way to the west The Campeche Cove subdivision is located across the Stewart Road right-of-way approximately 130 feet to the north Further to the east and south there are large tracts containing a freshwater pond and emergent freshwater wetlands and a church located further to the west
The applicant has also indicated that if approved for the General Land Use Plan they will replat to combine the two lots into one and eliminate any conflicting building lines
ExistingProposed Structures
The applicant is proposing to renovate the existing one-story single-family dwelling into a veterinarian office and clinic An addition is being proposed to the north of the existing structure to contain indoor dog and cat boarding approximately 700 sq ft
Due to the limitations of the existing site topography the applicant is proposing to establish the main entrance to the clinic on the east side of the building connecting the new off-street parking area to a new rear deck with a new accessible ramp The front of the building that faces Maceo Way will be accessible by a new walkway
Other proposed improvements to the site include an off-street parking area to the north a fencedshyoff supervised play area to the north and an outdoor holding pen (located between the existing structure and proposed addition)
IStaff Report 12P-13 Page31
The proposed addition and other site improvements have been designed with the intention of minimizing noise levels and other impacts that could affect neighboring land uses Please refer to Attachment E for additional details regarding the location of the existing structure and proposed improvements
ExistingProposed Landscaping
The property contains several existing palm trees The applicant is proposing to plant a landscaping buffer to screen the off-street parking area from the Maceo Way right-of-way Additionally a landscaping buffer is being proposed between the Stewart Road right-of-way and the fenced off outdoor play area The detailed site plan (Attachment E) provides further detail regarding the location of proposed landscaping
Minimum landscape requirements exist for off-street parking andlor servicing areas that contain two (2) or more parking spaces for non-residential uses per Section 29-67 Vehicle Parking Requirements of the Galveston Zoning Standards
Visual screening is required for any parking or servicing areas and driveways on a lot that is located adjacent to an area used or zoned for residential purposes Visual screening shall consist of a landscaping strip four feet (4) in width with solid fencing or hedges having a minimum height of five feet (5) that will provide a year round visual obstruction One (1) tree for each thirty (30) linear feet or portion thereof shall be planted and maintained in the landscaping strip
As proposed the proposed off-street parking area should be sufficiently screened from the Maceo Way and Stewart Road right-of-ways
Pedestrian Walkways and Vehicular Drives
Presently no sidewalks exist in the subdivision Per conditions for approval of the original subdivision the applicant will be required to install a sidewalk in front of the subject property leading to Stewart Road which to be connected to future improvements along this right-of-way
Off-street parking will be facilitated by a landscaped parking area to the north of the subject property The applicant is proposing that the parking area be accessed by Maceo Way in order to minimize impacts to the traffic flow along Stewart Road
Lighting
The applicants narrative indicates that site lighting will be located beneath the covered walkway on the north and east sides of the new building for the purpose of minimizing light trespass All lighting associated with the development must conform to Section 29-106 (c) Regulation of Outdoor Lighting of the Galveston Zoning Standards The site is currently within the lighting zone LZ3 which is considered a medium lighting zone and is generally applied to all areas located east of 8-Mile Road Conformance with the lighting regulations will be verified during the building pelmitting and certificate ofoccupancy processes
Drainage
According to the applicants narrative (Attachment C) the paved parking area and other site improvements will be designed to minimize impervious surfaces and negative impacts to the adjacent wetlands area to the east
1Staff Report 12P-13 Page 41 Signage
The applicants site plan indicates that a monument sign will be erected at the corner of Maceo Way and Stewart Road All signage shall conform to Section 29-82 of the Galveston Zoning Standards
Trip Generation Traffic Volume and Impact
According to the Institute of Transportation Engineers Transportation and Land Development the veterinarian clinic an operation that is similar to a MedicallDental Office Building could have an average trip generation of approximately 85 trips per day Staff believes the estimated traffic volumes would have a minimal to moderate impact to the current level of service provided by the road infrastructure
Parking Requirements and Parking Facilities
The Galveston Zoning Standards Section 29-67 (b) Parking Space Schedule Non-Residential Uses requires
bull Clinic or Doctors Offices - One (1) space for each three hundred (300) square feet of floor area
bull Retail or Personal Service (including Assisted Living Facilities) - One (1) space for each three hundred (300) square feet of floor area
bull Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
Staff has estimated the proposed veterinarian clinic would require approximately six (6) offshystreet parking spaces summarized in the table below
Land Use Parking Requirement Area Required Spaces
Total 6
Staff recognizes that some of the proposed improvements to this site are conceptual at this stage and are subject to change as the redevelopment of the property progresses The off-street parking plan for this development should include at least one (1) designated ADA accessible space in accordance with the Americans with Disabilities Act standards All parking requirements will be verified during the building permitting and certificate of occupancy processes
Compatibility with Surrounding Land Use and Zoning
The applicants site plan and narrative include several measures to minimize potential noise light and drainage issues associated with the proposed development from negatively impacting neighboring properties The landscaping screening buffers of the parking area and outdoor play area along with the 50 foot width of the Maceo Way and 130 foot Stewart Road right-of-ways will serve to provide sufficient screening and distance between the proposed improvements to this site and any current or future neighboring residential land uses
Staff believes it would be an appropriate measure to install a visual screening buffer (landscaping andor fencing) along the south property line in order to visually screen the deck area and entrance to the veterinarian clinic from the vacant lot to the south in order to avoid discouraging its future development
IStaff Report 12P-I3 Page 51 The hours of operation of the veterinarian clinic will be approximately 7am to 6pm weekdays and 7am to 2pm on Saturdays No unsupervised animals will be allowed in the outdoor play area and no animals will be kept outdoors overnight As such staff believes the hours of operation and location of animals on the premises would impose a minimal nuisance to neighboring property ovners
Finally compliance with all applicable regulations and permit requirements of Chapter 7 of the Municipal Code that pertain to Kennels Catteries and other Animal Establishments will ensure cleanliness and sanitary conditions on the premises
Conditions for Approval of a Site Plan
The Galveston Zoning Standards provide the following conditions for approval of a site plan per Section 29-88(h)
Before a proposed site plan is approved the Department of Planning and Community Development shall ensure that the following conditions are satisfied
(l) 1l1C proposed uses and layout shall be compatible with adjacent uses
(2) Vehicular and pedestrian ingress and egress provides for the efficient and safe movement of traffic and people
(3) Sufficient landscaping and screening exists so that the proposed development will be in hrumony with and shall not be harmful to adjacent properties
(4) The property is adequately and properly drained
(5) Hours of operation will not affect adjacent residential development
(6) All proposed signs must be in harmony with adjacent development and may not be in excess of actual need
(7) Uses that may be classified as Commercial Outdoor Amusement facilities require a public announcement and written notice to the owners and occupants of real property within three hundred feet (300) of the property on which the use is proposed Within ten days of the announcement and notification any owner or occupant of property within the City may request that the matter be presented to the Planning Commission for approval
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN As presented the proposed development does not conflict with the goals and objectives of the 2011 Comprehensive Plan Staff believes the development will not be out of scale with the surrounding neighborhood and that potential noise light or odor nuisances will be mitigated by appropriate distances from neighboring properties and adequate landscaping screening
The Land Use element of the 2011 Comprehensive Plan acknowledges the need to provide neighborhood-servicing commercial services and facilities on the West End to meet the needs of existing and future residents with Stewart Road recognized as an area where sites should be identified that can provide neighborhood support services
Lalld Use - 29 Create Neighborhood and Village Centers on the West End to ProvidefiJr the Need CfWest End Residents
The Land element also recognizes the importance of providing adequate buffering between residential and commercial activities (LU-37) and encourages the strengthening of landscape
IStaff Report 12P-13 Page 61 screening for commercial edge conditions that border residential land uses Staff believes with the incorporation of a sufficient buffer along the southern property line that the proposed development would be adequately buffered from neighboring residential properties
Appeal- General Land Use Plan (Ord 98-16)
Any person aggrieved by the Planning Commissions approval or disapproval of a general land use plan in the Gateway Development Zone may file an appeal to the City CounciL Such appeal must be filed with the Department of Planning and Community Development no later than ten (l0) working days from the date of the Planning Commissions decision The City Council may uphold or reverse the decision of the Planning Commission in which event the City Councils decision shall be final In addition the City Council may refer the matter back to the Planning Commission with specific instructions to consider new information In such event the Planning Commission shall reconsider the matter at the next regularly scheduled Planning Commission meeting
STAFF RECOMMENDATION
Staff recommends Case 12P-13 be approved with the following conditions
Specific to Case 12P -13
1 The applicant shall install a visual screening buffer (landscaping andor fencing) to adequately screen the property to the south
2 The applicant shall comply with all applicable regulations found in Chapter 7 - Animals and Fowl of the Galveston Municipal Code
3 The development shall conform to the standards and guidelines of the staff reports dated March 6 2012 including attachments Any substantial change in development configuration or alteration to land use may require a separate review by the Department of Planning and Community Development andor the Planning Commission Staff recognizes that the design and placement presented are conceptual and may be altered
4 Construction of the development shall commence no later than two years from the Planning Commission approval date of the General Land Use Plan (March 62012)
Standard cOl1ditions
5 The applicant shall obtain a building permit from the Department of Planning and Community Development prior to construction
6 The applicant shall conform to Section 29-67 of the Galveston Zoning Standards regarding parking and landscaping requirements The applicant shall also provide the required number of accessible parking spaces on the property
7 The applicant shall conform to Section 29-82 of the Galveston Zoning Standards regarding Signagc requirements The applicant shall obtain a signage permit for each sign on the property prior to installation All signage shall be located on private property
8 The applicant shall conform to Section 29-106 (c) of the Galveston Zoning Standards regarding lighting requirements
9 The applicant shall adhere to all commentslconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
10 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
Staff Report 12P-13 Page 7
11 In accordance with Section 29-40 of the Zoning Standards should the applicant be aggrieved by the decision of the Planning Commission an appeal may be filed to City Council Such appeal must be filed with the Department of Planning and Community Development no later than ten (J 0) working days from the date of the Planning Commissions decision
Subject to the Rights of Appeal the Planning Commission has final decision regarding the General Land Use Plan
ATTACHMENTS
A - Zoning Map B Aerial Map c - Applicants Narrative 0 - Survey E Site Plan
ner IIIPlanning GIS Analyst
__n lg ivisionPCSlatf Reports12pc12P-13J 2P-13 STFdoc
r date
I I
I i
IStaff Report 12P-14 Page 1 I 1
12P-14 (Adjacent to 1404 Avenue L) Request for a Permanent License to Use the City Rightshy 1 l (of-Way for the placement of a canopy and access stairs Adjacent property is legally described as
the south 93 feet of Lot (8-1) Block 74 in the City and County of Galveston Texas Applicant Galveston Historical Foundation and Galveston Redevelopment and Community Enterprise Corporation Property Owner City of Galveston
Land CommercialMixed-Use
General Residence Neighborhood Conservation District One (GR-NCD-I)
d Z Surroun mg onmgandLandUse
I II
North South East West
Zoning General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
General Residence
Neighborhood Conservation
District One (GRshyNCD-I)
Land Use Residential Kesidential Residential Residential
Property Owner Notification as of March 52012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport Pending Building Department Pending Fire Chief Pending Fire Marshal Pending Police Department Pending Public Works Department Pending
Private Utility Notifications
ATampT Center Point Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is requesting a Permanent License to Use for the placement of a canopy and access stairs Both the canopy and the access stairs will utilize the A venue L and 14th Street rights-ofshyway
Entry Stairs The subject property was constructed as a commercial corner-store structure and is built to the property line The proposed stairs will provide access to the structure The applicant is proposing to rebuild the existing starts on the eastern elevation and construct a new set of stairs on the southern elevation The dimensions of the stairs will allow for 6 11 of unobstructed right-of-way for pedestrian access on the eastern elevation and 11 5 on the south elevation
IStaff Report 12P-14 Page 21 Canopy The proposed canopy will project over the sidewalk rights-of-way on both A venue L and 14th Street for a total length of approximately 88 feet The canopy will be pole supported and is designed to be a walk out canopy with access from the second floor
The Public Works Department requires that the canopy poles be located at least 2 feet from the right-of-way curb As shown on the current plans the poles are located l 1 from the curb
Impact on Transportation System Currently the sidewalk area at this location is unimproved In order to improve the pedestrian access Staff recommends the installation of a sidewalk along Avenue L and 14th Street The width of the sidewalk underneath the canopy should extend the full width of the right-of-way On 14th Street the width of the sidewalk could be reduced to 5 feet from the northern edge of the canopy to the northern property line
The License to Use the City right-of-way will create no adverse impact on the existing transportation system provided that sufficient space within right-of-way is maintained for pedestrian access and the right-of-way is improved
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report has been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The request for a Permanent License to Use City right-of-way is in conformance with the 2011 Comprehensive Plan which promotes the reinvestment in comer stores as a strategy toward protection stabilization and revitalization ofexisting neighborhoods
LU-36 Promote Reinvestment in Corner Stores and along Neigllborhood Main Streets
Historically older residential areas oj Galveston were interspersed with retail and commercial services often located at corner locations or along a Jew blocks oj a prominent north-south street Over time many ojthese areas were zoned Jor residential use thus restricting small-scale commercial uses To explore the potential Jor reuse oj vacant corner stores and reinvestment in neighborhood commercial districts the City should do the Jollowing
bull Undertake a survey oj vacant corner stores and uses along neighborhood main streets and prepare plans to Jacilitate the development oj neighborhood service uses
bull Work with neighborhood associations to appropriately change zoning Jor nonshyresidential structures to be utilized as neighborhood service
bull IdentifY public improvement and management strategies perhaps based on the Main Street model developed by the National Trust Jor Historic Preservation to support the revitalization ojexisting neighborhood commercial districts
The requested action supports the reinvestment in a building historically used as a comer store
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
IStaff Report 12P-14 Page 3 I
T-42 Ensure Appropriate Use ofPublic Rights-ol-Way
The City is the steward of our public rights-ol-way which include streets and sidewalks The Planning Commission serves as the review body for requests from the public to purchase (called abandonment) or use the right-ol-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority for abandonment requests Often these requests are driven by a desire to use the right-ol-way for personal gain The City has a duty to balance the desires of private individuals with the protection ofthe public land
The canopy is designed to provide approximately 1000 square feet of outdoor living space on the second floor In order to mitigate this use of the public right-of-way for personal gain Staff recommends the sidewalk improvements outlined in the Impact on Transportation System section
STAFF RECOMMENDATION
Staff recommends Case 12P-14 be approved with the following conditions
Specific to Case 12P-14
1 The canopy poles must be located at least 2-feet back from the right-of-way curb
2 The base plate and nuts of the anchor bolts of the canopy columns must remain below or flush with the top of the sidewalk elevation
3 A sidewalk shall be installed along A venue Land 14th Street The width of the sidewalk underneath the canopy shall extend the full width of the right-of-way On 14th Street the width of the sidewalk may be reduced to 5 feet from the northern edge of the canopy to the northern property line The sidewalk shall be installed concurrent with the construction of the canopy
4 The applicant shall obtain a Temporary License to Use the City right-of-way with an approved traffic plan for the construction phase of the project The applicant will be required to adhere to all aspects of the approved traffic control plan
5 The City right-of-way shall not be completely obstructed for more than (4) months to allow for the canopylbalcony construction unless otherwise approved by the Galveston Planning Commission
Standard LTU conditions 6 The Licensee shall adhere to all commentsconditions received from City departments andlor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approvaL Failure to comply with all commentsconditions may result in penalties andlor revocation of this permit
7 The applicant andlor adjacent property owner shall maintain a minimum offive-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
8 The construction site shall be secured at the end of each work day to prevent trespassing
9 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
10 The cleaning of the debris from the site shall be the responsibility of the Licensee
1 Staff Report 12P-14 Page 41
11 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
12 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
13 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
14 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
15 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
16 The fee shall be fifty dollars ($5000) for the first on thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
17 The applicant shall pay the Permanent License to Use annual renewal fee of$4700
ATTACHMENTS
A - Zoning Map B - Aerial Map C - Applicants Narrative D - Survey E - Site Plan
P Planning ManagerAssistant HPO Date
~b
IStaff Report 12P-15 Page 1 (
12P-15 (Adjacent to 6825 Stewart Road) Request for a Permanent License to Use the City Right-ofshyWay for the placement of a sign Adjacent property is legally described as Lot 3 Block I Jones Addition in the City and County of Galveston Texas Applicants and Property Owners Casey and Mary Bretchel
Exlstmg ZOD1n~ andLandUse
Zoning Retail (R)
Land Use Office professional or general business
Surroundmg Zonmgand L and U se
North South East West
Zoning General Residence
(GR) Retail (R)
One Family-Two (IF-2)
One Family-Two (IF-2)
Land Use Office
professional or general business
Office professional or
general business Residential Residential
Property Owner Notification as of Marcb 62012
Sent
27
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works Department Objection with the following comments Private signs should
be located on private property
Private Utility Notifications
ATampT Pending Center Point Energy Pending Comcast No Objection Texas Gas Service Pending
ANALYSIS
The applicant is requesting a Permanent License to Use the City sidewalk right-of-way adjacent to 6825 Stewart Rd for the placement of a monument style detached sign The applicant is proposing to install a sign measuring 7-6 in height and spanning 7-4 across the sidewalk right-of-way Please see Attachment E for proposed sign design and Attachment 0 for proposed location of the sign
Impact on Transportation System
The vehicular visibility of operators exiting the adjacent businesses will be significantly impacted by the monument signs placement into the sidewalk right-of-way The view of oncoming vehicles traveling northbound on 69th Street currently compromised by the curved nature of the connection to Stewart Road will be further compromised by the addition of a sign placed in the City right-of-way
1 Staff Report 12P-15 Page 21 Impact on PublicfPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on all public or private utilities At the time of this report the only utility company to have comments returned was Comcast who had No Objection to the request Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The following objective of the Transportation Element discusses the use of the right-of-way through the L TU process
T-42 Ensure Appropriate Use ojPublic Rights-oj-Way
The City is the steward ojour public rights-oI-way which include streets and sidewalks The Planning Commission serves as the review body Jor requests from the public to purchase (called abandonment) or use the right-oj-way through a lease agreement called License to Use (LTU) The City Council has final decision-making authority Jor abandonment requests Often these requests are driven by a desire to use the right-oj-way Jor personal gain The City has a duty to balance the desires ojprivate individuals with the protection oj the public land
The proposed detached sign being placed in the City right-of-way serves to provide advertisement to the adjacent business but does not provide any benefit to the public The sign would create an obstruction to visibility as well as pedestrian circulation
Therefore Staff concurs with comments from the Public Works Department regarding the detached sign placement within the City right-of-way Staff believes the applicant has other options for placement of the detached sign on private property without the use of City right-of-way
STAFF RECOMMENDATION
Staff recommends Case 12P-l 5 request regarding a Permanent License to Use the City Right-of-Way for the placement of a detached sign be denied
However should the Planning Commission determine this request to be in conformance with the 2011 Comprehensive Plan Staff recommends the following conditions
Specific to Case 12P-15
1 The applicant shall adhere to the site plan as shown in Attachment D for the placement of the detached sign in the right-of-way
2 The applicant shall obtain a sign permit for the installation of the detached sign
3 The Licensee pays the annual License to Use city right-of-way fee of $1000 due and payable one year from the date of execution of this Agreement
Standard LTUconditions
4 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
5 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and (approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
I J
6 The applicant andor adjacent property owner shall maintain a minimum of five-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
7 The construction site shall be secured at the end of each work day to prevent trespassing I I
IStaff Report 12P-15 Page 3 8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the
installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF -WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twenty-five dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
ATTACHMENTS
A Zoning Map 8 - Aerial Map c Applicants Narrative 0 Site Plan E - Applicants submittal (Survey sign design site info)
Respectfully submitted
~~lImT1~[)ivisjonPCStafT Reports12pc12Pmiddot1512Pmiddot15 STFdoc
IStaff Report 12P-16
12P-16 (Adjacent to 2402 Strand) Request to amend a Permanent License to Use to include additional outdoor seating and a sandwich board sign Adjacent property is legally described as Lots 8 and 9 Block 684 in the City and County of Galveston Texas Applicant Mediterranean Chef Mazen Zeidan and Birney T Havey Property Owner City of Galveston
and Land Use
Central Plaza with a Historic Overlay (CP-H)
Retail
S d Z urroun mg oDln~ andLandUse
North South East West
Zoning Light Industrial Central Plaza with Central Plaza with Central Plaza with
(U) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H) a Historic Overlay
(CP-H)
Land Use Retail Retail Retail Retail
Property Owner Notification as of March 6 2012
Sent Returned In Favor In Opposition No Comment
32
Advertisement Date February 232012
City Department Notifications
Airport No Objection Building Department No Objection Fire Chief Pending Fire Marshal Pending Police Department No Objection Public Works No Objection with comment To minimize possible
pedestrian traffic flow conflicts I would recommend that the comer tabIe be removed
Private Utility Notifications
ATampT Pending CenterPoint Energy Pending Comcast No Objection Texas Gas Service Pending
BACKGROUND
The Galveston Landmark Commission at the regular meeting of September 8 2003 voted to approve the request for the Certificate of Appropriateness and recommend approval of the License to Use with the following changes to the Galveston Planning Commission
bull Condition 2 The applicant is permitted to place 2 sets of outdoor seating (table and two chairs) along Strand and multiple outdoor seating sets (table and four chairs) along 24th Street
IStaff Report 12P-16 Page 2 I bull Condition 3 The outdoor seating placed within the subject right-of-way shall have a brushed
metal finish (to match Jujus finish)
The Galveston Planning Commission at the regular meeting of September 9 2003 voted to approve the above referenced License to Use request with Landmark Commissions recommendations for approval
On June 8 2010 a complaint was received regarding too many tables and chairs along the Strand side of the street Upon inspection it was determined that the chairs along 24th Street were wood and there were two additional sets of tables and chairs along Strand A compliance case was opened (1 OZC-91) and a written notice of violation was sent
On July 1220 I0 another compliance letter was sent after no compliance
On September 22 20 I 0 another site inspection determined the chair design had been changed along Strand and a sandwich board sign was placed in the City right-of-way Another compliance letter was sent on September 22 20 I 0 regarding the new violations in addition to the original violation
Following lack of compliance and numerous discussions with the business owner a final notice letter was sent regarding the violations On November 19 2010 charges were filed in Municipal Court The compliance case is currently open awaiting resolution from the business owner
ANALYSIS
The applicant is requesting to amend the original License to Use (03P-142 and 03LC-05) to include two (2) additional table and chair sets consisting of one (1) thirty inch round table with two (2) chairs along Strand and a sandwich board sign to be placed near the front entrance along Strand approximately two (2) feet from the curb
The applicant is proposing to include two (2) additional sets of seating along the Strand side of the building The right-of-way from the curb to the building fayade is sixteen (16) feet of which five (5) feet is from the curb to the canopy poles The proposed tables and chairs will cover approximately forty-eight inches (48) of City right-of-way which will leave approximately six feet (6) of unobstructed right-of-way for pedestrian access Please see Attachment C original site plan and attachment D new site plan with the proposed additions
The site plan submitted by the applicant does not indicate the placement of the canopy supports or the ADA ramp in the southeast corner of the sidewalk Staff has concerns with the additional table set at the east corner of the sidewalk potentially impeding pedestrian access from the stairs to the street and to and from the ADA ramp
Upon a site visit of the subject property Staff found three (3) poles supporting the canopy one (I) trash receptacle and gas lamp which will not further impede upon the area left for unobstructed pedestrian access However the poles and trash receptacle do add to the congestion in this comer of the sidewalk
The same configuration will remain along 24th Street with multiple outdoor seating sets (table and four chairs) as previously approved by the Planning Commission Please reference Attachment c original site plan
The applicant is proposing to place a sandwich board sign measuring two (2) feet by three (3 ) feet with a wood frame and a black chalk board face to be placed two (2) feet from the curb between the curb and the canopy posts
Impact on Transportation System The modification to the existing License to Use the City right-of-way agreement will create no further adverse impact on the existing transportation system provided the six (6) feet of pedestrian access is consistently maintained However staff has concerns that the additional table and chair set on the east comer will add to the congestion in this area
IStaff Report 12P-16 Page3]
Impact on PublicPrivate Utilities and Services
It is inconclusive if the License to Use will have a negative impact on public or private utilities no reviews from the Public Works Department or private utilities have returned at the time this report had been prepared Should any responses be received in objection to this request the applicant shall remedy the objection or return to the Planning Commission for further review
Conformance with the 2011 Comprehensive Plan
The request for a Permanent License to Use City right-of-way is in conformance with the 20 II Comprehensive Plan which promotes the uses of the right-of-way that serve a clear public purpose
T-42 Ensure Appropriate Use of Public Rights-of-Way
An example of clear public purpose would be the addition of street furniture such as outdoor restaurant seating in the downtown area The addition of outdoor seating can help enliven the streetscape and improve the quality of life
LANDMARK COMMISSION
The Galveston Landmark Commission will hear this request regarding a Recommendation for a Permanent License to Use the City right-of-way at the regular meeting of March 52012
STAFF RECOMMENDATION
Staff recommends Case 12P-16 request to amend the License to Use to include two additional table and chair sets along Strand and a sandwich board sign to be placed in the City of Galveston right-of-way be approved with the following conditions
Specific conditions for 12P-16
1 The table and chair design must be approved by the Landmark Commission with regard to style and finish of the outdoor seating
2 The proposed seating sets be limited to one (1) additional table with two (2) chairs adjacent to the building along the west side of the entrance door and the table and chair set closest to the intersection shall be eliminated as recommended by Public Works unless otherwise approved by the Planning Commission
3 The applicant must maintain a minimum of six (6) of unobstructed pedestrian access within the subject City right-of-way
4 A sign permit is applied for and approved for the Sandwich Board Sign
5 The Sandwich Board Sign shall be placed between the canopy pole and curb to ensure pedestrian access is maintained
Standard LTU conditions
6 The Licensee shall obtain a Temporary License to Use the City Right-of-Way with an approved traffic plan for the construction phase of the project The Licensee will be required to adhere to all aspects of the approved traffic control plan
7 The Licensee shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentslconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
6 The applicant andor adjacent property owner shall maintain a minimum of fIve-feet (5) of unobstructed pedestrian access within the subject City right-of-ways
Staff Report 12P-16 Page 4 7 The construction site shall be secured at the end of each work day to prevent trespassing
8 The Licensee shall be responsible for repairing any damage to the right-of-way area caused by the installation and maintenance of the requested items Such repairs shall be made promptly and in conjunction with applicable City departments
9 The cleaning of the debris from the site shall be the responsibility of the Licensee
10 The Licensee shall locate all existing utility lines located at the site prior to installation of the requested items The applicant shall contact the Department of Public Works for line locations prior to any work at the site
11 The Licensee and all of the Licensees rights granted are conditioned that owners of utility facilities whether publicly or privately owned have at all times access to the property made subject of the License together with the right to enter the property and excavate for the purpose of repairing replacing locating and maintaining such utility facilities if any
12 The Licensee shall execute the License to Use Agreement within 90-days from the date the Planning Commission approved the License to Use otherwise the Agreement shall be of no further effect and shall be considered as having been canceled fully
13 LICENSEE UNDERTAKES AND PROMISES TO HOLD THE CITY OF GALVESTON HARMLESS AND TO INDEMNIFY AND DEFEND IT AGAINST ALL SUITS JUDGMENTS COSTS EXPENSES AND DAMAGES THAT MAY ARISE OR GROW OUT OF THE USE OR GRANT OF THE LICENSE TO USE CITY RIGHT-OF-WAY UNDER THIS AGREEMENT REGARDLESS OF FAULT
14 The City does retain the right and option to cancel the License and terminate all rights of the License upon ninety (90) days written notice of such cancellation and termination sent to Licensee at the mailing address provided herein and Licensee agrees and shall be obligated to vacate the property made subject of the license and to remove all improvements andor obstruction located thereon at Licensees own expense prior to the expiration of said 90-day notification period and
15 The fee shall be fifty dollars ($5000) for the first one thousand dollars ($100000) valuation and twentyshyfive dollars ($2500) for each additional one thousand dollars ($100000) valuation or fraction thereof for new items being placed in the right-of-way Said fee is due upon the execution of this Agreement and shall be the consideration for the issuance of the license to use the property described in Exhibit A in the City Right-of-Way All sums hereunder are to be made payable to the City of Galveston
16 That the applicant pays the annual license to use city right-of-way fee of $3200
ATTACHMENTS
A - Zoning map B Aerial map C - Site Plan - Original D - Site Plan - Proposed E Photograph of Original Outdoor Seating in City right-of-way F - Photograph of Proposed Outdoor Seating in City right-of-way G Photograph of Sandwich Board Sign
Respectfully submitted
Date
IStaff Report Case 12P-17 Page 11
12P-17 (1527 ChurchAvenue F) Request for replat in order to increase the number of residential lots from one to two in a Historical (HIST) zoning district Property is legally described as Lots 1 and 2 Block 375 in the City and County of Galveston Texas Applicant Alfio A Tropea and Giovannina T DAmbra Property Owners Alfio A Tropea Angela Tropea and Giovannina T DAmbra
Ef ZXIS mg omng andLandUse
Zoning Historical (HIST)
Land Use Residential
Surroundmg ZonmgandLandUse
North South East West
Zoning Historical (HIST)
Historical (HIST)
Historical (HIST)
Historical (HIST)
Land Use Residential Residential Residential Residential
Property Owner Notification as of March 6 2012
Sent
39
Returned In Favor In Opposition No Comment
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
ANALYSIS
The applicant is proposing to replat the property from one lot to two
As currently configured the proposed replat does not conform to the minimum lot requirements or setback requirements of the Zoning Standards However the applicant has received the following variances from the Zoning Board of Adjustment
1527 Church (western lot) Lot Width Section 29-65 (b) from 40 feet to 3420 feet
610 16th Street (western lot)
Side Setback Section 29-65 (g) from 3feet to zero feet Rear Setback Section 29-65 (h)(l) from 10 feet to zero feet
612 16th Street (western lot) Rear Setback Section 29-65 (h)(1) from 10 feet to 4 feet
IStaff Report Case 12P-17 Page 21 Physical Characteristics The proposed replat is a 0236 acre lot located at the southeast comer of the intersection of Church and 16th Street The propel1y is zoned Historical (HIST) and is surrounded by properties also zoned Historical (HIST)
Existing Structures The property currently consists of one commercial structure three residential structures and one accessory structure on one lot The applicants would like to draw a new property line that will separate the lot into two lots The proposed eastern lot would include one residential and one accessory structure The proposed western lot would include the remaining commercial structure and two residential structures
Proposed Easements There are no proposed easements required with this replal
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective IiN-2 Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant
Please note that this repIat request was not eligible for administrative approval due to the fact that the configuration docs not meet the minimum lot sizes or setback requirements and that variances from the Zoning Board ofAdjustment were required
STAFF RECOMMENDATION Staff recommends Case 12P-17 be approved with the following conditions
Specific conditions 10 Case 12P-17
1 The applicant shall accommodate the filing of the plat by September 6 2012
Standard conditions for a replal
2 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
3 The applicant shall comply with all recordation requirements and
4 The applicant shall provide the Department of Planning and Community Development with all Galveston County filing fees by certified check or money order
IStaff Report Case 12P-17 Page31 ATTACHMENTS
A - Zoning Map B - Aerial Map c - Survey D - Replat
Respectfully submitted
I P Planning Managerl Assistant HPO
IStaff Report Case 12P-18 Page 11 12P-18 (2006 and 2008 Avenue K) Request for a Replat in order to increase the number of lots from one (1) to two (2) within the Multi Family-One with Historical overlay (MF-1-H) zoning district Property is legally described as M Menard Survey Lot 9 (9-1) Block 140 Galveston in the City and County of Galveston Texas Applicant and Property Owner Nicole K Parker
Existing Zoning and Land Use
II Zoning Multiple-Family-One with a Historical Overlay (MF-1-HIST)
II Land Use Residential
Surround109 ZomngandLandUse
North South East West
Zoning Commercial Broadway
Overlay Zone Zone I
(MF-BOZ-1)
Multiple-Family-One
Neighborhood Conservation
District 1 (MF-NCD-I)
Multiple-Family-One Historical (MF-1-HIST)
Multiple-Family-One Historical (MF-I-HIST)
Land Use Church Public School Residential Residential
Property owner N fi fMarc oti lcation as 0 h 6 2012
In Favor In Opposition Sent Returned No Comment _
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ANALYSIS The applicant is requesting a replat in order to increase the residential lot from one (1) lot to two (2) lots The purpose of the replat is to correct confusion in utility billing and provide better insurance opportunities for both houses
Physical Characteristics The proposed replat is a 0118 - acre lot on the north side of Avenue K The property is zoned MUltiple Family One with a Historic Overlay (MF-I-H) and is surrounded by properties also zoned I Multiple Family One with a Historic Overlay (MF -I-H)
Variances from the Subdivision Regulations The replat resulted in both lots requiring variances The following variances from the Zoning Board ofAdjustment were approved on December 112011 I
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StaffReport Case 12pmiddot18 Page 21
I Minimum City Zoning2006 Ave K 2008 Ave K
Requirements Standards
1485732 sq ft 365241 sq ft 3000 sqftArea 29-65 (a)(])1
22S20S 40 29-65(b)Width
215 3 29-65(g)Side Setback
Additionally the applicant received a variance for both properties from Section 29-67 (b)(I) regarding parking requirements from one to zero
Existing Structures The lot contains two primary residential structures with a garage apartment in the northeast comer of the rear lot 2006 A venue K was constructed in 1907 and 2008 Avenue K was constructed in 1894
Proposed Easements Note from Public Works indicates that the water and sanitary services lines for 2008 Ave K may be located in the 2006 Ave K tract ofland Public Works suggests the utility lines be located
If the utility lines for Tract A (2008 K) are located on Tract B (2006 K) new utility lines will need to be installed for water and andor sanitary sewer service at (2008 K) Public works suggests a 5 foot utility easement for water and sewer service be provided for the property owner in Tract A for future maintenance
Conformance with the 2011 Comprehensive Plan This replat request basically conforms to the spirit of the goals of the 2011 Comprehensive Plan Specifically in Objective HN-2 it states Revitalize and Enhance the Livability Sustainability and Safety of Urban and Historic District Neighborhoods it states that Reinvestment in the form of rehabilitation and reuse ofolder houses adds stability to these neighborhoods
PLANNING COMMISSION The Planning Commission must approve a plat if it conforms to the general plan of the municipality and to the general plan for the extension of the municipality The Planning Commissions approval of a plat or replat request is evidence that the application meets the requirements of Chapter 212 of the Texas Local Government Code Zoning Regulations 1991 and Subdivision Regulations The Planning Commissions approval does not indicate that the plat or replat complies with any applicable deed restrictions The Planning Commission does not have the legal authority to reject an Applicants request for a plat or replat because of conflicts with applicable deed restrictions Compliance with pertinent deed restrictions is the sole responsibility of the applicant STAFF RECOMMENDATION
Staff recommends Case 12P-18 be approved with the following conditions
Specific conditions to Case 12P -18
1 Prior to the plat documents being filed the applicant shall locate the water and sanitary service lines for both properties and provide any necessary easements for the future maintenance of the lines within six (6) months
2 All plat documents shall reflect the necessary easements
Standard conditions for a replat
3 The applicant shall adhere to all commentsconditions received from City Departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this plat
4 The applicant shall comply with all recordation requirements and
IStaff Report Case 12P-18 Page 31 5 The applicant shall provide the Department of Planning and Community Development
with all Galveston County filing fees by certified check or money order
ATTACHMENTS A Zoning Map B Aerial Map c Applicants Justification D Survey E Replat
Respectfully submitted
iv ionLCStatT Reports 12P 12PmiddotlSl2pmiddot1Sstfdoc
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IStaff Report 12P-19
12P-19 (601 - 627 Avenue L) Request for a Specific Use Permit for a Multiple Family IDwelling facility in a Resort Seawall Development Zone (RES-SDZ-2) zoning district
I
Property is legally described as Lots 1 through 7 Block 6 in the City and County of Galveston Texas Applicant Michael Gaertner Architect Property Owner TSB Ltd Ted Miller E Z dL dUxlstIng omng an an se
Resort Seawall Development Zone 2 (RES-SDZ-2) Zoning
VacantLand Use
Surroundmg Zomng an dLandUse
North South East West
Zoning Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Resort Seawall Development Zone 2 (RESshy
SDZ-2)
Land Use Beach Beach Beach Beach
Property Owner Notification as of March 6 2012
Returned In Favor In Opposition Sent No Comment
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ATampT Center Point Energy Comcast Texas Gas Service
February 23 2012
No Objection No Objection with the following CommentCondition Must obtain necessary permits I
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No Objection Pending No Objection No Objection with the following CommentCondition The developer will be responsible for providing and Ifunding water sanitary sewer and drainage infrastructure improvements required for this development All construction plans must be coordinated and approved by the Public Works Department In addition the applicant shall provide a traffic impact study which includes but is I not limited to circulation capacity and ingressegress
I fThe applicant shall be responsible for incurring all costs
related to required traffic improvements
f rPending Pending f No Objection 1
IPending
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IStaff Report 12P-19 Page 21 BACKGROUND The proposed project previously received a variance from the Zoning Board of Adjustment for the height requirement on January 112012 (12Z-0l) The variance was from 55 feet to 269 feet
ANALYSIS The applicant requesting approval of a Specific Use Permit in order to operate Multiple-Family Dwelling land use According to the Zoning Standards a Multiple-Family Dwelling has the following definition
Multiple-Family Dwelling (Apartment or Condominium) - Any building or portion thereof which is designed and built to be occupied as three or more dwelling units or which is occupied as a home or place of residence by three or more families living in independent dwelling units
Site
The site consists of three lots with a total acreage of 0895 acres The western two lots have a structure commonly referred to as Texas South Beach The eastern lot is vacant
Ability of the property to be used under current zoning
A Specific Use Permit is required to operate a Multiple-Family Dwelling in the Seawall Development Zone (SDZ) The Multiple-Family Dwelling land use was added to the SDZ in 2007 Prior to that time the Multiple-Family Dwelling land use was not permitted However the One-Family Dwelling Attached land use commonly known as condominiums is a permitted land use The functionality of these two land uses is similar
Compatibility with surrounding land use and zoning
The surrounding lots that are directly adjacent to the subject property are vacant The few developed tracts south of the Seawall are generally small-scaled retail establishments that provide support to the use of the beach The introduction of a large-scaled building at this location would be a change in the character of the area
All surrounding properties share the same Resort Seawall Development Zone 2 (RES-SDZ-2) zoning as the subject property
Impact on PubliclPrivate Utilities and Services
The proposed development will require significant upgrades to existing water and sanitary sewer infrastructure
Trip Generation Traffic Volume and Impact
The applicant has indicated a possibility of a total of 300 units on the site According to the Institute of Transportation Engineers Trip Generation Manual 6th Edition the facility as proposed will have approximately 1260 trips per day The estimated number of daily trips generated will have a major impact on the traffic volumes in the vicinity
The site has frontage on Avenue L and i h Streets However only the Avenue L right-of-way has an improved access ramp from the Seawall The applicant is proposing to construct Avenue L eastward to 6th Street in order to provide access to the site
IStaff Report 12P-19 Page 3 I Staffhas concerns about the impact this proposed development would have on traffic on the site and the surrounding area Further evaluation of traffic impacts is warranted due to the fact that the area is currently congested and there will be limited access to the development The applicant will be required to obtain a traffic impact study prior to building permit review
Parking and Landscaping Requirements
Galveston Zoning Standards Section 29-67 (b) Parking Requirements requires the following number of spaces for residential uses
a I space per single-family dwelling detached
b 15 spaces per townhouse duplex unit or one-bedroom or smaller multifamily unit
c 185 spaces per two-bedroom multifamily unit
d 25 spaces per three bedroom or larger multifamily unit
According to information provided by the applicant regarding the number of bedrooms per unit the parking requirement for the proposed project could be between 362 and 543 spaces All parking would be provided on site in a structured parking garage
No landscaping is proposed on-site The building will fill the entire site Landscaping is proposed along the Avenue L right-of-way
Signage All signage shall conform to Galveston Zoning Standards Section 29-99 (pound) Each sign will require a separate sign permit prior to installation No signage has been proposed
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN Staffhas cited those sections of the 2011 Comprehensive Plan that apply to this proposal Several elements have applicable statements Staff has indicated if the proposed development conforms to the cited section or not
Housing and Neighborhoods Element
HN-ll Promote the Development of New Middle-Income Housing in Existing Neighborhoods
Through regulatory and financial incentives the City should encourage the introduction of new single-family houses on vacant lots in existing older and historic neighborhoods and promote the development of small subdivisions on larger properties comprising a block or more of land Initially incentives may be relatively passive in nature including expedited development review waivers of permit fees and potentially short-term abatement of property taxes for new homeowners and developers in these areas If necessary more dramatic actions may be warranted including capital improvements to infrastructure systems and neighborhood amenities as well as land assembly of larger developable parcels for sale to willing housing developers and homebuilders
HN-12 Promote Middle-Income Housing in Future Mixed Use Districts and Neighborhood Centers
While infill projects represent the best and most immediate opportunities to introduce additional middle-income housing units such housing should also be planned for new development in areas west of the Seawall in the East End Flats and in places with larger-
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1 Staff Report 12P-19 Page 41 scale redevelopment potential like the North Broadway District As recognized in the Land Use and Community Character Element housing in mixed-use districts can be designed to appeal to broad segments of the market The introduction of an expanded middle-income popUlation in new and redeveloping areas will aid in the creation of mixed-income neighborhoods spur commercial redevelopment in key locations and support the growth of Downtown office and institutional employment The City should take the initiative in demonstrating the feasibility of middle-income housing on the Island and provide incentives and catalysts for development through actions such as investments in infrastructure and direct developer solicitation and selection
HN-29 Promote Sustain ability and Energy Efficiency As called for in the Natural Resource Element the City should promote the sustainable features of its existing housing stock provide programs that improve energy efficiency and encourage the use of sustainable principles in new construction Future plans for sustainability should address housing issues such as green building standards for new residential construction improved energy efficiency for existing houses and sources of alternative energy The City should partner with the private utility companies to provide incentives for homeowners to install more sustainable mechanical systems and energy producers such as solar panels and windmills
Does not Conform - This area is not identified as an appropriate site for new middle-income development The Comprehensive Plan encourages infill development which is the process of developing vacant or under-used parcels within existing urban areas that are already largely developed and served by City services New development should be located in areas with the potential to become mixed use neighborhoods The proposed location is unlikely to the developed as a mixed use neighborhood because of the limited availability of private property and infrastructure
While the applicant has indicated that the development will provide middle-income housing no mechanism to ensure that happens in the future has been proposed
Conforms - The applicant is proposing to use sustainable building practices in the construction and function of the building
ECONOMIC DEVELOPMENT ELEMENT
ED-15 Facilitate Development of Workforce and Middle-Income Housing
As recommended in the Housing and Neighborhoods Element the ability of Galveston to attract economic growth is hampered by the lack of affordable competitive workforce and middle-income housing The City has seen significant growth in second home and long-term rental properties in the last few years However this growth has raised property values and made it more difficult for full-time residents to pursue quality housing options Further many people working on the Island have chosen to relocate to the mainland to pursue less expensive housing options
The City has an important role to play in ensuring that the supply of middle-income housing is expanded Further housing choices for workforce income households must j also be expanded Because the area protected behind the Seawall is largely built-out
opportunities for new workforce and middle-income housing exist in the form of infill within established residential areas and redevelopment of underutilized properties i
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IStaff Report 12P-19 Page 5 I
ED-I7 Promote and Maintain Galveston as a Leader in Sustainable Development and Economic Growth
The City should become a leader in promoting sustainable development and economic growth Specifically the City should
bull Explore opportunities to attract green industry businesses to Galveston bull Develop incentives for more energy-efficient and sustainable buildings for new
business development bull Encourage businesses to become more resilient and adopt sustainability practices bull Prepare cost-benefit studies to demonstrate the value of private investment and
relocation
Does not Conform - As stated above no mechanism has been proposed that would ensure that this development would serve the workforce or middle-class Again infill development in established residential areas is identified as the best solution for siting new development
Conforms - The building is proposed to utilize sustainable building practices
LAND USE ELEMENT
LU-23 Improve Conditions along Seawall Boulevard to Promote Quality Development and Support its Function as an Attractive Visitor Destination Seawall Boulevard is the most well-known and traveled area by visitors to the City and as the primary feature tying together destinations along the beach- hotels restaurants entertainment venues shops and services-the boulevard has a powerful influence on resident quality of life the vitality of Seawall businesses and visitor perceptions of the community Although still auto-oriented in places recent projects have been designed to promote pedestrian activity encourage strolling and people-watching and improve connections among related destinations To continue this positive momentum and build on an initial round of improvements on the beach side of the corridor significant support for additional public and private investment will be required for the corridor to achieve its full potential as a lively safe scenic and memorable place in the City
In the last several years the City has undertaken significant review of the development of the Seawall corridor The Seawall Development Zone (SDZ) was adopted in 2001 which included regulations relating to signage fencing and setback requirements The SDZ also identified the desired land use mix and the permitted uses were adjusted accordingly In 2007 the City began development of the Height and Density Development Zone which included Seawall Boulevard from Beach Drive to ll-Mile Road In May 2008 the City Council adopted regulations that included height and density requirements design guidelines for all new construction and enhanced landscaping standards As the City continues to implement these regulations continued monitoring and assessment will be required and adjustments to the regulations should be pursued if determined necessary to achieve the goals of the Height and Density Development Zone The City should now focus on public improvements such as right-of-way beautification enhanced amenities and traffic improvements as determined necessary
To achieve objectives for improvements along Seawall Boulevard the City should accomplish the following
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StaffReport 12P-19 Page 61 Development Regulations and Design Guidelines
bull Promote redevelopment of suitable land uses as outlined in the Seawall Development Zone guidelines and monitor the desired land use mix and adjust permitted uses accordingly
bull Implement and adjust as necessary the standards and guidelines the Height and Density Development Zone regulations for Seawall area
bull The City should maintain a code enforcement presence on the Seawall and perform occasional compliance sweeps to ensure all City codes are being followed
bull Reevaluate standards for access parking and cross-parcel pedestrian and vehicular connections
Streetscape and Public Realm Improvements
bull Pursue funding to combine various Seawall Plans into a single Seawall Master Plan document establishing 1) a phasing plan defining a long-term program for improvements and 2) design standards supporting a consistent design theme addressing the full complement of improvements and furnishings including restroom and shower structures transit shelters special pedestrian paving pedestrian lighting intersection and crossing improvements benches interpretive and wayfinding signs landscaping and recycling and trash receptacles
bull Coordinate development of Seawall Master Plan with the Park Board of Trustees and land owners of private property south of the Seawall
bull Investigate the use of management districts and other development tools to provide focused area improvements and maintenance
bull Explore the long-term potential of possible funding sources for the construction and maintenance of improvements including parking revenues TIF district special taxing district and publicprivate partnerships
OBJECTIVE LU-4 ENCOURAGE RESPONSIBLE DEVELOPMENT AND MITIGATION PLANNING TO PROTECT AREAS THAT ARE ENVIRONMENTALL V-SENSITIVE AND SUBJECT TO STORM DAMAGE
As it works to balance development opportunities with the interests of residents businesses tourists and protection of the natural environment Galveston has the potential to become a model of resiliency and sustainability for communities along the Texas Gulf Coast The most effective way for the City to strike a balance among goals to protect human life and property expand the tax base improve quality of life and promote sustainability is to ensure the Islands most sensitive resources and unique qualities are protected and preserved To accomplish this the City should identify the most critical natural resources for protection and develop a toolbox that includes both regulatory and incentive-based options The City also must provide a predictable process for development to occur in areas with sensitive resources By developing a matrix of incentives and regulations the City can guide property owners in designing future projects
LU-41 Perform Assessments of Sensitive Environmental Areas Island- Wide
As called for in the Natural Resources Element the City should conduct an assessment of sensitive environmental areas on the Island including dunes fresh and saltwater wetlands wetland buffers saltwater marshes seagrass beds oyster reefs and contiguous eco-system habitats Using reference materials such as the Trust for Public Lands West
IStaff Report 12P-19 Page 71 Galveston Island Greenprint for Growth the City should develop mapping resources highlighting areas for conservation preservation and protection and a system to prioritize protection Priority areas should be considered in the development of the proposed future land use map as described previously
Does not Conform - The Height and Density Development Zone (HDDZ) was developed in response to the Citys lack of regulation regarding high-rise structures especially along the SeawalL The area south of the Seawall was not included in the HDDZ because the base zoning of the properties have a height restriction of three stories or 55 feet and was assumed to be protected from the possibility ofhigh-rise development
The Comprehensive Plan calls for the development of Seawall Master Plan to guide development of properties south of the Seawall in coordination with the Park Board The applicant is not proposing any public realm improvements along the Seawall although they are proposing improvements along A venue L
The subject property is located in an environmentally sensitive area If constructed the building would be the largest building located in such close proximity to the Seawall and will require significant infrastructure improvements Staff has concerns about possible negative affects to the function of the Seawall and to the dunes and beach system Also the proposed site has the potential to be subject to storm damage even with the habitable portions of the buildings located above the base flood elevation due to the fact that the property is not protected by the Seawall or a dune system
NATURAL RESOURCES ELEMENT
OBJECTIVE NR-2 PROTECT THE INTEGRITY AND FUNCTION OF GALVESTON ISLANDS BEACHES DUNES AND BAY WETLANDS
Galveston Islands beaches dunes and bay wetlands are sensitive natural resources providing a number of well-recognized benefits Beaches and dunes are an integral part of the coastal landscape lending beauty to the shoreline As natural coastal barriers the Islands dunes absorb the force of winds and high waves during major storms and help prevent or delay inland flooding and resulting property damage Dunes also function as a source for natural beach renourishment after storms The bays marsh wetlands provide critical area for native and migratory land and marine species and act as natural buffers from the full force of waves winds and storm surges Additionally these wetland areas filter sediments and pollutants from the water draining from upland areas thus helping to maintain water quality
The Islands beaches dunes and bay wetlands play critical roles in protecting the Island from the effects of the coastal forces and the health of these sensitive inter-related ecosystems plays a key part in ensuring the Citys long-term resiliency and sustainability
OBJECTIVE NR-4 RESPOND PROACTIVELY TO LAND LOSS ON GALVESTON ISLAND
Land loss associated with shoreline retreat along the Islands beach and bay resulting from a combination of regional subsidence erosion and relative sea level rise has increasingly challenged government agencies and coastal communities Over the years man-made projects that influence the near-shore system such as the construction of dams and levees in riverine systems have reduced the sources of sediment to the Gulf Coast
IStaff Report 12P-19 Page 81 Likewise the construction of jetties and navigation channels has interrupted the littoral flow of sediments (long-shore drift) at coastal passes Upland development also affects the natural migration of sediments
As a result while East Beach accretes due to eddies in the long-shore current interrupted by the jetties at Bolivar Roads most of Galvestons beachfront shoreline from Stewart Beach westward is eroding at rates that have averaged between 5-10 feet per year for the last fifty years Without continued intervention land loss on Galveston Island will not be reversed in the life span of this document The impact of global sea level rise is anticipated to be greatest on low-lying barrier islands such as Galveston Island The City of Galveston did not create these regional or global circumstances but given the disproportionate impact they have on this community it is incumbent on the City to continue to respond proactively The City has taken important first steps toward such a response but much remains to be done to ensure that any future development on the Island is sustainable and resilient
OBJECTIVE NR-7 INCORPORATE SUSTAINABLE PRACTICES TO IMPROVE LIVABILITY AND PROTECTION OF THE INTEGRITY OF THE ISLANDS NATURAL RESOURCES
To further the communitys sustainability goals the City should evaluate and consider implementation of a wide range of conservation energy efficiency greenhouse gas reduction and low impact development practices Incorporating sustainable practices in City programs and initiatives can help advance objectives to improve livability encourage resource conservation improve environmental and public health increase resilience and bolster efforts to improve the economy While full implementation may take time through a few simple changes the City can make great strides in reducing the communitys carbon footprint as well as vulnerability in the event of a natural disaster
Does not Conform - The subject property is located in close proximity to the beach system The beach is a dynamic environment that requires special consideration Large scale development close to this sensitive area may cause damage to the natural resource
Conforms - This area is considered to be an accreting beach at a rate of 43 to 39 per year However the beach begins eroding on 11th Street approximately 1755 feet to the west Accreting beaches are also subj ect to erosion during storm events
FURTHER APPROVALS Further approvals include but are not limited to a Planning Commission Beachfront Construction Permit a variance from the side setback requirement and the possibility of a replat
STAFF RECOMMENDATION Staff recommends that case 12P-19 be denied due to non-conformance with the 2011 Comprehensive Plan and traffic and infrastructure concerns Specifically the proposed development does not conform to the Comprehensive Plan regarding the following issues
L The appropriate location ofmiddle-income housing
2 Assurance that the project would provide middle-income housing in the long-term
3 Does not further the goals of the Seawall area and 4 Location in an environmentally sensitive area
IStaff Report 12P-19 Page 9
However if the Planning Commission finds that the request conforms to Comprehensive Plan the following conditions may be appropriate
Conditions specific to 12P -19 1 The applicant shall obtain all other land use and development approvals such as but not
limited to beachfront construction dune protection permit setback variance and plat prior to the issuance of a building permit and
2 The Multiple-family dwelling complex shall be required to adhere to all aspects of the use as described in Staffs report (l2P-19) Any expansion or change in business scope of the proposed land use will require separate review by Planning Staff and additional review by Planning Commission and City Council and
3 The applicant shall adhere to the comment from the Building Division regarding obtaining all necessary permits and
4 The applicant shall adhere to the comment from the Public Works Department regarding that the developer will be responsible for providing and funding water sanitary sewer and drainage infrastructure improvements and traffic study required for this development and that all construction plans must be coordinated and approved by the Public Works Department
Standard SUP conditions 5 The applicant shall adhere to all commentsconditions received from City departments andor
private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the Planning Commission for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit and
6 The applicant shall pay the annual Specific Use Permit registration fee of $2500
ATTACHMENTS A - Zoning Map B - Aerial Photograph C - Site Plan D - Applicants Submittal
City Council has the final decision regarding the request The request will be heard at the regular meeting of March 22 2012
Respectfully Submitted
3-t-~ Date
~IhDate
the 2011
Planning Managerl Assistant HPO
IStaff Report 12P-20 Page 11
12P-20 (1817 61st Street) Request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business in a Recreation CREC) zoning district Property is legally described as Part of Lots 1-8 (1-1) Block 2 and Part of Adjacent Alley Truehearts Addition a Subdivision in the City and County of Galveston Texas Applicant John Wilson Property Owner Nasir Mughal
EOf Zomng andLandUseXIS 109
Zoning Recreation (REC)
Land Use Commercial fuel service station
SurroundO109 Zonmg andLandUse
North South East West
Zoning Recreation (REC)
Retail (R)
Recreation (REC)
Recreation (REC)
Land Use Commercial Retail
Commercial Retail
61 st Street ROW and Water
English Bayou
Water Offatts Bayou
Property Owner Notification as of March 6 2012
Sent Returned In Favor Opposed No Comment
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City Department Notifications Private Utility Notifications
A irport Building Department Fire Chief Fire Marshal Police Department Public Works
Pending Pending Pending Pending Pending Pending
ATampT CenterPoint Energy Comcast Texas Gas Service
Pending Pending Pending Pending
Background The applicant is the owner of the business known as Caribbean Breeze a boat and kayak rental company that was until recently located at 1721 61 st Street The property has recently been listed for sale prompting the applicant to seek a new location to operate this business
On August 26 2004 the Galveston City Council granted a Specific Use Permit for the operation of an Amusement Commercial Outdoor land use at 1721 61 st Street in conjunction with this boat and kayak rental business
ANALYSIS The applicant is requesting a Specific Use Permit (SUP) to develop a rental business for boats kayaks and bicycles The existing site contains a Citgo fuel service station The proposed rental business will operate on a portion of the dock located at the rear of the property
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IStaff Report 12P-20 Page21
A Specific Use Permit (SUP) is a land use approval specific to the property and cannot be administratively transferred to a different property therefore the applicant is seeking approval of a Specific Use Permit at this new location The applicant has indicated that he will not have a need for the SUP at 1721 61 st Street once he has secured an SUP at the new location
Ability of the Property to be used under Current Zoning The subject site is zoned Recreation (REC) The proposed boat kayak and bicycle rental business is classified as an Amusement Commercial Outdoor land use which is a permitted use in the Recreation (REC) zoning district with an approved Specific Use Permit (SUP) from the Galveston City Council
Applicants Justification The applicant has provided a narrative describing the history of the business at its previous location and intended plans for the business in the new location (please refer to Attachment C)
Site Details The subject property is located along the portion of 61 st Street right-of-way that crosses between Offatts Bayou and English Bayou approximately 700 feet to the south of the area known as Washington Park The property contains an existing gasoline service station with a light boat dock on the rear of the property that provides access to Offatts Bayou Records from the Galveston Central Appraisal District indicate that these improvements were constructed circa 1975
The applicant is proposing to operate the boat kayak and bicycle rental business on half of the light boat dock which measures approximately 25 feet x 100 feet No additional improvements are being proposed for this location The applicant will operate an office to service customers renting the equipment at a different location 2001 61 st Street
Hours ofOperation The applicant has indicated that the hours of operation will be from dawn to dusk in the Summer and during fair weather and when rentals are reserved in the off-season
Parking Requirements According to the applicants site plan there are a total of twenty (20) off-street parking spaces including the four (4) fuel service locations Section 29-67 (c) of the Galveston Zoning Standards indicates that seven (7) off-street parking spaces would be required for the proposed land use and six (6) would be required for the existing gasoline service station resulting in a surplus of seven (7) spaces Additionally staff believes that off-street parking for customers and staff could be facilitated at the rental office
Signage There is an existing detached sign and signage on the fuel service island and primary structure for the gasoline service station The applicant intends to install an additional detached sign to meet the specifications of Section 29-82(j) of the Galveston Zoning Standards In the Recreation (REC) zoning district each business is allowed to have one (1) detached owner-identification SIgn
IStaff Report 12P-20 Page31
Landscaping The applicants site plan indicates that there is a 4-foot x 50-foot landscaping strip along the south property line that connects to an approximate 96 square foot landscaping area around the gasoline service station sign Additionally 4-foot round landscaping planters are located adjacent to the fuel service island There are no proposed improvements to the existing landscaping being proposed with this request
Pedestrian Walkways and Vehicular Drives There currently exists an approximately 16-foot wide sidewalk in front of the subject property No improvements or impediments to the sidewalk and pedestrian walkway are being proposed in this application
Trip Generation Traffic Volume and Impact The Institute for Transportation Engineers study does not provide trip generation rates for the proposed land use or one of similar nature Based upon information supplied by the applicant staff believes the estimated average daily trips generated by the proposed land use will be minimal
The applicant indicates in the narrative that their business in its previous location serviced approximately 400 customers Based upon the assumption that each rental transaction would generate around 4 trips to and from the subject location staff estimates that the average number of daily trips generated by this proposed use to be around 5 trips per day
Results of this traffic generation estimate suggests that the proposed Amusement Commercial Outdoor land use would not have an adverse impact to the existing traffic flow along 61 5t Street
Compatibility with Surrounding Land Use and Zoning The subject property is in an area generally zoned Recreation (REC) or Retail (R) two zoning districts that allow land uses that are compatible with the proposed business The nearest residential zoning district or land use is located approximately 600 feet to the east of the subject property across 61 5t Street and English Bayou
Staff believes the proposed land use is compatible with surrounding land uses due to the fact that it has existed for over ten (lO) years in the previous location to the north
Conformance with the 2011 Comprehensive Plan The 2011 Comprehensive Plan identifies 6l 5t Street as one of a few key commercial corridors that should be targeted for reinvestment and the improvement of conditions (ED-l3 Support the Ongoing Revitalization of Downtown and Key Commercial and Mixed Use Corridors)
Furthermore the Land Use element of the Comprehensive Plan recognizes that development regulations and design guidelines should encourage high-quality commercial and retail development along the 61 5t Corridor and that care should be taken to ensure that the land use mix serves local resident needs minimize impacts enhance attractiveness and not overburden the roadway network (LU-24)
The proposed boat kayak and bicycle rental business in this location would provide services desired by community residents and visitors without overburdening the existing roadway network based upon staffs analysis of estimated vehicle trip generation
IStaff Report 12P-20 Page 41 The 2011 Comprehensive Plan does recognize the need to improve existing conditions and encourage high-quality commercial and retail development along the 61 st Street Corridor With this in mind staff visited the site on March 1 st and identified several opportunities to improve the conditions of the site in order to meet current ordinances and regulations which would result in enhancing attractiveness to the overall location The following are a list of improvements recommended by staff to improve the conditions of the site
bull There is a commercial refuse container (dumpster) located to the north of the convenience store which should be enclosed with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
bull Removal of or proper permitting for any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
bull Reduce the number of window signs to conform with 29-82(j)(3) of the Sign Regulations which state Non illuminated paper or painted signs ofa permanent nature when located in windows shall not exceed in coverage thirty percent (30) of the total glass area ofthe window in which they are placed
bull Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Staff believes development of a boat kayak and bicycle rental business in this location conforms to the goals and objectives of the 2011 Comprehensive Plan Staff also believes the above recommended improvements to the overall site should be implemented in order to enhance attractiveness to the overall location supporting goals of both the Economic Development and Land Use elements of the Comprehensive Plan
SPECIFIC USE PERMITS Per Section 29-79 of the Galveston Zoning Standards the Planning Commission in considering and determining their recommendation or the City Council in considering any request for a Specific Use Permit may require from the applicant plans andor pertinent information concerning the location function and characteristics of any use proposed The City Council may in the interest of assuring compliance with the intent and purposes of this Ordinance establish conditions of operation with respect to any use for which a permit is authorized In authorizing the location of any of the uses listed the City Council may impose such reasonable development standards as the conditions and location indicated as being necessary for the protection of immediate properties in the neighborhood from noise vibration dust dirt smoke fumes odor explosion glare waste offensive view or other undesirable or hazardous conditions
STAFF RECOMMENDATION Staff recommends Case 12P-20 request for a Specific Use Permit in conjunction with the development of an Amusement Commercial (Outdoor) land use for the operation of a boat kayak and bicycle rental business be approved with the following conditions
Specific Conditions for Case 12P-20
1 The proposed Amusement Commercial (Outdoor) development shall conform to the design as described in Staff Report 12P-20 and attached applicants narrative (Attachment C) The applicant shall adhere to all conditions of the Specific Use Permit Should the
IStaff Report 12P-20 Page 51 design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
2 The applicant andor property owner shall ensure the following improvements are made to the location in order to enhance attractiveness of the overall location as recommended by the 2011 Comprehensive Plan
a Enclose the commercial refuse container located to the north of the convenience store with a fenced screening to comply with Section 15-4 of the Galveston Municipal Code
b Remove or proper permit any signs erected without a permit including the temporary Citgo is Good Gas sign attached to the pole sign
c Reduce the number of window signs to conform with 29-82G)(3) of the Sign Regulations
d Ensure that all vehicles on the premises comply with Chapter 23 of the Galveston Municipal Code with regard to abandoned or junked vehicles
Standard Conditions ofa Specific Use Permit
3 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation ofthis permit
4 The applicant submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual renewal fee of $25 00
Attachments A Zoning Map B - Aerial Map C - Applicant Narrative D - Photos of Dock Area E - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit The council will hear this request on March 22 2012
Respectfully Submitted
ner IIlPlanning GIS Analyst Date
IStaff Report 12P-21 Page 1 I
12P-21 (3801 GTI Boulevard) Request for a Specific Use Permit to expand a Manufacturing Industrial Storage and Assembly Process facility in a Heavy Industrial (HI) zoning district Property is legally described as Smith Survey Tract 30 l2230-acres in the City and County of Galveston Texas Applicant and Property Owner Pelican Island Storage Terminals Inc LP BylerJames Chick
E f Z XIS 109 onlOg andLandUse
Heavy Industrial (HI)
Petroleum Storage Tank Yard (Fuel Oil)
Zoning
Land Use
d Z Surroun 109 onlOg an dLandUse
North South East West
Zoning Planned Development
(PD)
Heavy Industrial (HI)
Heavy Industrial (HI)
Planned Development
(PD) Land Use Vacant Shipyard
Warehouse and Vacant Land
Vacant Residential and Vacant
Property Owner Notification as of March 6 2012
Returned In Favor Opposed No Co Sent
8
Advertisement Date February 23 2012
City Department Notifications Private Utility Notifications
Airport No Objection A TampT Pending Building Department Pending CenterPoint Energy Pending Fire Chief Pending Comcast Communications Pending Fire Marshal Pending Texas Gas Service Pending Police Department No Objection Public Works Department No Objection
BACKGROUND
Staff research has determined that there have been several previous approvals for this facility including the following
1980 A Specific Use Permit was originally issued for this facility The original approval included three conditions regarding the number of storage tanks contacts of storage tanks and location of storage tanks as shown on the submitted site plan (80P-65)
1981 - The SUP was amended by City Council on November 51981 to increase the size of the tanks from three 55 Mbbl tanks to two 55 Mbbl and one 100 Mbbl tank and to amend the site plans (81P-56)
1982 -The SUP was amended by City Council on October 21 1982 to include three additional 25000 bbt marine diesel oil tanks (82P-51) with the following conditions
IStaff Report 12P-21 Page 2 I I Only three additional tanks 2 Location of the storage tanks as shown on site plan 3 Contents be limited to the design criteria as established by the
American Petroleum Institution with condition that no pilar solvents be stored with these tanks and
4 That a three foot earthen dike be placed between the three new tanks and the four existing tanks
2010 Most recently a Specific Use Permit was granted by City Council on August 26 2010 for a further expansion of the facility The expansion included the installation of two new 138 diameter tanks
ANALYSIS This request is for the expansion of an existing fuel oil tank facility The land use Manufacturing industrial storage and assembly processes requires a Specific Use Permit in a Heavy Industrial (HI) zoning district The subject tract currently has multiple storage tanks within a larger containment basin consisting of a tall earthen berm The request is to add two new 106000 barrel tanks to store and ship 6 fuel oils
Site Details
This 1223-acre parcel is southeast of GT Boulevard and accessed on the southern side by a wide private drive extending from the base of that paved Right-of-Way The property is adjacent to another 2009-acre developed tract owned by the same corporation which contains the active tank storage area A portion of the containment basin under the tanks already extends onto the subject parcel (see Attachment B) and currently has no tanks on it The proposed Manufacturing Industrial Storage and Assembly Process use requested in this case will be the construction of two new 1 06000-barrel tanks in the empty portion of the containment area At present count there are 24 tanks of various sizes within the complex
Ability ofthe Property to be used under Current Zoning
The subject site is zoned Heavy Industrial (HI) The proposed Manufacturing Industrial Storage and Assembly Process use requires a Specific Use Permit (SUP) from the Galveston City Council in this zoning district
Compatibility with Surrounding Land Use and Zoning Various land uses surround the subject property Properties to the west are Multi-Family and serve the Texas AampM University campus further to the west To the south of the property is a shipyard warehouse business and vacant land To the east is vacant land and industrial uses Due to the fact that the proposal is for an expansion of an existing facility this request should not adversely affect the surrounding land uses and zoning provided the applicant complies with all public safety traffic and land use regulations
Parking and Landscaping Requirements The Galveston Zoning Standards Section 29-67 (c) Parking Requirements states the following parking requirement for the subject development
Storage or Warehouse - One (1) space for each one thousand (1000) square feet of floor area
According to the site plan the parking requirement for the new tanks will be 30 spaces Conformance with the Galveston Zoning Standards will be verified during the building permit
I IStaff Report 12P-21 Page 3 I
fprocess and Certificate of Occupancy inspection All parking or servicing areas located within f Light Industrial (LI) or Heavy Industrial (HI) Zoning Districts which are not in whole or in part within 600 feet of the right-of-way of Seawolf Parkway Broadway Boulevard Port Industrial Boulevard or FM 3005 shall be exempt from the landscaped area requirements The property is located 797 feet south of Sea wolf Parkway and is exempt from the landscape requirements
Trip Generation Traffic Volume and Impact According to the Institute of Transportation Engineers Transportation and Land Development the business operation as proposed could have an average trip generation of approximately 148 trips per day However Staff does not anticipate that number of trips The proposed business and its expansion are a low impact use for an industrial area The estimated number of daily trips generated will have minimal impacts on the traffic volumes in the vicinity However the applicant will be responsible for incurring the expense of implementing any recommended traffic improvements
Substantial Relationship to Health Safety Moral or General Welfare or Protect and Preserve Historical Cultural and Environmental Places and Areas The proposed facility is located within an industrial area and is not adjacent to any areas that are historically or culturally significant However the proximity to the bay does require further review in order to preserve environmental places and areas and the proximity to the Multi-Family Dwelling complexes to the west requires careful consideration of health and safety Provided the applicant can adequately address the concerns of the all City Departments and Private Utilities and comply with all applicable local state and federal laws relating to environmental quality the proposed facility should not have a negative impact
Signage
All signage must be in accordance with Section 29-82(k) of the Galveston Zoning Standards for industrial zoning districts Currently no proposed signage has been provided to staff However all signs will require a permit before installation and will be reviewed for conformance with regulations at the time of submittal
Additional Inormation At the time of the most recently approved SUP for this property the Planning Commission requested a review of all safety reports associated with the complex An updated version of this report has been included as Attachment C
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The proposed Manufacturing Industrial Storage and Assembly Process is in conformance with the goals of the 2011 Comprehensive Plan Economic Development Element which encourages the City to appropriately redevelop and revitalize key districts and corridors The Objective ED-2 of the Economic Development Element states the following
Focus Tactical Initiatives to Grow Traditional Strengths in Tourism Port Industrial Development and Higher Education and Develop New Strengths in Information Technology Research The economy of Galveston Island should be strengthened and diversified by improving the competitive strength of traditional mainstays of the local r
economy while developing new strengths by capitalizing on its assets of
t
IStaff Report 12P-21 Page 4 I regional location and its institutional and human resources These include efforts in
) Activities related to the OilGas Industry at both the Port and Airport including effective use of properties adjacent to the Port and Airport diversification as a cruise port and a complementary relationship with the Port ofHouston
ED-22 Enhance Galveston Island as a Premier Maritime Facility and as a Hub for Support Services to the Offshore Oil and Gas Industry
Continued expansion of port facilities on both Galveston and Pelican Island increases the need for complimentary maritime and industrial activities The City should continue to encourage development of industrial businesses that support the Port and off-shore industry but do not detract from the other goals of the City
Objective 5 of the Land Use Element states Promote Industrial amp Employment Intensive Land Uses in Appropriate Locations
The City of Galveston has been built on the tradition of industrial uses such as the Port of Galveston off-shore oilgas and related industries For the local economy to grow the City must promote industrial expansion in appropriate areas that do not detract from surrounding land uses In considering such industrial land uses the City should judge the overall benefit to the community while protecting other traditional strengths such as natural resources historic preservation and tourism-related activities
LU-SI Promote Industrial Expansion Associated with the Port of Galveston and Development of a Wharves Areas Specific Plan
Historically the backbone of the local economy the Port of Galveston is geared for expansion This will occur particularly through a growing presence on Pelican Island and increased attraction for cruise line business enabling cruise passengers to add their support to retail and entertainment activities along the Downtown waterfront and Strand The City should actively partner with the Port in planning and accommodating this beneficial expansion Any industrial expansion must be designed to have minimal impact on the livability of the City and the visitor experience to the Island
This Heavy Industrial business will be able to more adequately serve the needs of the port facilities which is a key element of the economic health of Galveston The location in a heavily industrialized area of Pelican Island is appropriate due to the fact that there will be minimal impact on the livability of the City and the visitor experience to the Island
ionIPCIStaffReportsI12pcI12P21112P-21 STFdoc
1 IStaff Report 12P-21 PageS
I I
STAFF RECOMMENDATION Staff recommends Case 12P-21 be approved with the following conditions
Specific Conditions for Case 12P-21
1 The proposed Manufacturing industrial storage and assembly processes development shall conform to the design as described in Staff Report 12P-21 and attached applicants narrative (Attachment D) The applicant shall adhere to all conditions of the Specific Use Permit Should the design of the development be altered including but not limited to land use density building placement building height or materials stored at the site - the case must be returned to the Planning Commission andor City Council for additional review
Standard Conditions for a Specific Use Permit
2 The applicant shall adhere to all commentsconditions received from City departments andor private utility companies Should conformance with the commentsconditions require alterations to the project as approved the case must be returned to the City for additional review and approval Failure to comply with all commentsconditions may result in penalties andor revocation of this permit
3 Any change to the land use layout shall be submitted to the Department of Planning and Community Development for possible review by Planning Commission and City Council
4 The applicant shall submit for approval all plans to the Department of Planning and Community Development for compliance with all City Codes and Standards and
5 The applicant shall pay the Specific Use Permit annual registration fee of $2500
ATTACHMENTS A - Zoning Map B Aerial c Safety Report D - Applicants Narrative E - Survey and Site Plan
Respectfully submitted
CP Planning Managerl Assistant HPO Date
- 12P-02 STF
- 12P-07 STF
- 12P-08 STF
- 12P-09 STF
- 12P-10 STF
- 12P-11 STF
- 12P-12 Memo
- 12P-13 STF
- 12P-14 STF
- 12P-15 STF
- 12P-16 STF
- 12P-17 STF
- 12P-18 STF
- 12P-19 STF
- 12P-20 STF
- 12P-21 STF
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