IStaff Report 13P-51 Page 11 13P-51 (10811 San

Transcription

IStaff Report 13P-51
Page 11
13P-51 (10811 San Luis Pass RoadlFM 3005) Request for a Beachfront Construction
Certificate/Dune Protection Pennit in order to obtain an Annual Beach Maintenance Pennit to clean
beach of debris and seaweed. Property is legally described as Lots 402 and 421, Trimble and
Lindsey Section 1, Seascape Condo, in the City and County of Galveston, Texas.
Applicant and Property Owner: Seascape Homeowners Association c/o Bill Etheredge
EXlstlDe;
. . Zo'
mne; andLandUse:
I
Zoning
Planned Development, Height and Density Development Zone. Zone 6 (PD
HDDZ-6)
Lall~ Use
Beach
~1
..
'7nninl7
and Land Use: North South
East
West
Zoning
Commercial,
Height and
Density
Development
Zone, Zone 6 (CHDDZ-6)
Planned
Development,
Height and
Density
Development
Zone, Zone 6
(PD-HDDZ-6)
Planned
Development,
Height and
Density
Development
Zone, Zone 6
(PD-HDDZ-6)
Resort, Height
and Density
Development
Zone, Zone 6
(RES-HDDZ-6)
Land Use
Vacanti
Commercial
Gulf of Mexico
Vacant
RV Park
City Department Notifications:
Airport:
Building Department:
Fire Chief:
Fire Marshal:
Police Department:
Public Works Department:
Other Notifications: Texas General Land Office:
Size of Site: Beach Area:
Pending
Pending
Pending
Pending
Pending
Pending
Public Utility Notifications:
AT&T:
CenterPoint Energy:
Comcast:
Texas Gas Service:
Pending
Pending
Pending
Pending
Pending - Approximately 410 linear feet of Beach Area Physical Characteristics: This area is defined by the University
erosion rate of -9.7 feet per year.
Condominiums. The proposed beach
mean low tide to 200-feet landward
Commission review. of Texas at Austin, Bureau of Economic Geology, as having an The subject site is the beach to the south of the Seascape maintenance for this development will lie within the area from of the mean low water line, and therefore, requires Planning ANALYSIS Section 29-90: Coastal Development (i) - Beachfront Construction & Dune Protection Penn it Standards states that: IStaff Report 13P-51 Page 21
"Before issuing a Dune Protection Permit the Department of Planning & 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 ofthe 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 Dunn Ocean
Villas Property. There are no alternatives for the proposed work.
(4) The applicant's mitigation plan, for an activity seaward of the Dune Protection Line, if
required, will adequately minimize, mitigate, and/or 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 ofthe 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.
(5) The activity will not significantly increase the potential for washovers or blowouts to occur.
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IStaff Report 13P-51 Page 31
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
As presented, this request for a Beachfront Construction Certificate/Dune Protection Permit
conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the
quality of beaches (ED-2.1: Expand Galveston's 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-4.4: Research and Implement Projects to
Promote Shoreline Stabilization).
STAFF RECOMMENDATION
Staff recommends that l3P-51, request for a Beachfront Construction and Dune Protection Permit in
order to obtain an annual beach maintenance permit, be approved with the following conditions:
Specific Conditions ofCase 13P-51:
I. Please be advised, Staff had not received comments from the Texas General Land Office
regarding this request for beach maintenance at the time of this staff report. Please find below,
typical conditions from the GLO for beach maintenance on the west end of Galveston:
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a. The rake height should be adjusted to allow the rake teeth to draw man-made and naturally
occurring debris into piles or windrows, while at the same time minimizing the amount of
sand moved from the beach.
b. The proposed beach maintenance activities must minimize the redistribution of sand and
alteration of the beach profile to the greatest extent possible.
c. The proposed beach maintenance activities must not result in the potential for increased flood
damage to the proposed construction site or adjacent property, result in runoff of drainage
patterns that aggravate erosion, cause significant changes to dune hydrology, adversely effect
dune complexes or dune vegetation, or significantly increase the potential for washovers or
blowouts to occur.
d. The collected seaweed may be placed at the seaward toe of the primary dune within 20-feet
of the line of vegetation. The City should encourage the applicant to place the beach
maintenance materials landward of the 200 feet from mean low tide line to minimize the
reduction of the public beach easement.
e. The proposed beach maintenance activity must not restrict or interfere with public use of the
beach at normal high tides.
f. The Park Board must mitigate for the disturbance of dunes or dune vegetation.
g. The City of Galveston staff should ensure that a person who is trained to monitor for the
presence of turtles is on-site when the proposed beach maintenance activities are conducted.
2. The applicant is limited to an Annual Beach Maintenance permit to clean the beach of seaweed
and debris for approximately 410 linear feet of beach area adjacent to the Diamond Beach
Condominiums;
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;
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4. The sand/seaweed must be stockpiled within the permitted area of the beach that it was cleared;
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5. The applicant must notify Planning staff when heavy equipment will be used for beach
maintenance activities;
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Staff Report 13P-51 Page 41
Standard Conditions:
6. All beach maintenance activity shall be conducted in a manner that is consistent with the City of
Galveston's beach maintenance activity regulations, and the Beach Dune Rules regarding
maintenance of the public beach.;
7. 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;
8. 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 164 linear feet section of
beach, according to all specifications set by all City Departments;
9. The applicant shall insure that there will be Certified Turtle Monitor 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;
10. 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,
11. The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards:
Development, Preservation and Protection of Sand Dunes.
ATTACHMENTS
"A" - Aerial Zoning Map
"B" - Applicant's Narrative of Request
"c" - Site Plan
Subject to the Rights of Appeal, the Planning Commission has final decision regarding this
Beachfront Construction Certijicate/Dune Protection Permit Request.
Respectfully Submitted,
S:\P\anning\P\anning Division\PC\Slaff Reports\l3pc\l3P-51\13P-S\ slt:doc
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13P-53 (The Dunes of West Beach Subdivision -19203 Shores Drive to 19711 Shores Drive)
Request for a Beachfront Construction Certificate/Dune Protection Permit in order to obtain an
Annual Beach Maintenance Permit to clean beach of debris and seaweed. Properties are legally
described as Lots 6 (6-1) through Lots 22 (22-1), Lots 23 through 29, Lots 30A through 39A, Lot
43, Public Beach Access (0-6), Public Beach Access (0-9), Public Beach Access (0-7), Public
Beach Access (0-8), and Beach Reserve (0-4) of The Dunes of West Beach, a Subdivision, in the
City and County of Galveston, Texas.
Applicant: The Dunes of West Beach Community Services Association c/o John Garman,
Secretary
Property Owner: The Dunes of West Beach Community Services Association c/o Rapp
Management Co, Inc. c/o Peggy Rapp
E xlstIng
. . Zo'
nmgandLandUse:
[fZ:ing
Land Use
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Planned Development (PD) and Beach (B)
Beach
Surroun d'109 Zo'
nm l! andLandUse:
Zoning
Land Use
North
South
East
West
Planned
Development
(PD)
Water (W)
Planned
Development
(PD) and
Beach (B)
Planned
Development
(PD) and
Beach (B)
Vacant/Beach
VacantlBeach
Residential
Airport:
Fire Chief:
Fire Marshal:
Police Department:
Pending
Pending
Pending
Pending
Pending
Pending
Gulf of Mexico
Public Utility Notifications: AT&T: CenterPoint Energy: Comcast: Texas Gas Service: Pending
Pending Pending Pending f
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Other Notifications: Texas General Land Office: No Objection with Comments: See Conditions ofthis report.
Size of Site: Beach Area: ~
Approximately 3,050 linear feet of Beach Area
Physical Characteristics: This area is defined by the University of Texas at Austin, Bureau of Economic Geology, as having
an erosion rate of .6' to -2.1' feet per year. The property is accessed by four public beach access
easements which lead to on-street parking along Shores Drive.
The proposed beach maintenance on this property will lie within 200-feet from the line of
vegetation (mean low water line) and seaward to the mean low tide line, of the critical dune area,
and therefore, this request requires Planning Commission review.
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ANALYSIS
Section 29-90: Coastal Development (i) - Beachfront Construction & Dune Protection Pennit Standards
states that:
"Before issuing a Dune Protection Pennit the Department of Planning & 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 29-90U): 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 penn it 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 Dunes of West
Beach subdivision. There are no alternatives for the proposed work.
4) The applicant's mitigation plan, for an activity seaward of the Dune Protection Line, if
required, will adequately minimize, mitigate, and/or 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 penn it 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 penn it 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.
Furthennore, 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.
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5) The activity will not significantly increase the potential for washovers or blowouts to occur.
As presented, this request for a Beachfront Construction Certificate/Dune Protection Permit
conforms to the Economic Development goals of the 2011 Comprehensive Plan by improving the
quality of beaches (ED-2.1: Expand Galveston's 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-4.4: Research and Implement Projects to
Promote Shoreline Stabilization).
Staff recommends that 13P-53, request for a Beachfront Construction and Dune Protection Permit in
order to obtain an annual beach maintenance permit, be approved with the following conditions:
Specific Conditions ofCase 13P-53:
I. Please be advised, Staff had not received comments from the Texas General Land Office
regarding this request for beach maintenance at the time of this staff report. Please find below,
typical conditions from the GLO for beach maintenance on the west end of Galveston:
a. The rake height should be adjusted to allow the rake teeth to draw man-made and naturally
occurring debris into piles or windrows, while at the same time minimizing the amount of
sand moved from the beach.
b. The proposed beach maintenance activities must minimize the redistribution of sand and
alteration of the beach profile to the greatest extent possible.
c. The proposed beach maintenance activities must not result in the potential for increased
flood damage to the proposed construction site or adjacent property, result in runoff of
drainage patterns that aggravate erosion, cause significant changes to dune hydrology,
adversely effect dune complexes or dune vegetation, or significantly increase the potential
for washovers or blowouts to occur.
d. The collected seaweed may be placed at the seaward toe of the primary dune within 20-feet
of the line of vegetation. The City should encourage the applicant to place the beach
maintenance materials landward of the 200 feet from mean low tide line to minimize the
reduction of the public beach easement.
e. The proposed beach maintenance activity must not restrict or interfere with public use of the
beach at normal high tides.
f. The Park Board must mitigate for the disturbance of dunes or dune vegetation.
g. The City of Galveston staff should ensure that a person who is trained to monitor for the
presence of turtles is on-site when the proposed beach maintenance activities are conducted.
2. The applicant is limited to an Annual Beach Maintenance permit to clean the beach of seaweed
and debris for approximately 3,050 linear feet of beach area adjacent to the Dunes of West 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;
4. The sand/seaweed must be stockpiled within the permitted area of the beach that it was cleared;
5. The applicant must notify Planning staff when heavy equipment will be used for beach
maintenance activities;
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6. The applicant/Home Owners' Association must maintain and ensure access to any applicable
beach access points within the permit area regarding signage, dune walkovers, footpaths, on
beach/on-street parking including parking lots and roadways;
Standard Conditions:
7. All beach maintenance activity shall be conducted in a manner that is consistent with the City of
Galveston's beach maintenance activity regulations, and the Beach Dune Rules regarding
maintenance of the public beach.;
8. 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;
9. 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 ofthe critical dune on an approximate 3,050 linear feet section of
beach, according to all specifications set by all City Departments;
10. 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;
II. 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,
12. The applicant must adhere to all aspects of Section 29-90 of the Galveston Zoning Standards:
Development, Preservation and Protection of Sand Dunes.
ATTACHMENTS
"A" - Zoning!Aerial Map
"B" - Applicant's Narrative of Request
"C" - Site Plan
Subject to the Rights of Appeal, the Planning Commission has final decision regarding this
Beach/rant Construction CertificatelDune Protection Permit Request
Date
5/'2} ) J9
Date
S;\Planning\Planning Division\PC\Staff Reports\13pc\J 3P-53\13P-53STF.doc
MEMORANDUM TO:
Joe Rozier, Chair and Commissioners Galveston Planning Commission FROM:
Libby Stone, Coastal Development Planner
Planning Department DATE:
May 21,2013
RE:
P
13P-56 (19418 San Luis Pass Road) Request for a Beachfront Construction
Certificate in order to construct a "One Family Dwelling, Attached" development with
amenities and public ADA dune walkover. Properties are legally described as Hall and
Jones Survey, Lots 1, 2, 3 and Common Area (7-0) of Silverleaf Seaside Resort,
Section 2 Replat (2002), in the City and County of Galveston, Texas.
Applicant: Shelmark Engineering, LLC c/o Rhonda Gregg
Property Owner: Silverleaf Resorts, Inc. % Andrea Madison, Director of Planning
Staff has processed the Beachfront Construction application and has been notified by the Texas
General Land Office that due to the large scale of the proposed project, they will require thirty (30)
working days to review and comment on the project. The GLO deadline to comment to Staff on the
project is June 26, 2013. Therefore, Staff recommends the case be continued until the regular
meeting of July 2, 2013 in order for the GLO comments to be received.
This is the first request for a continuance and there are no costs associated with the request.
xc: Rick Vasquez, Director
Department of Planning
S:\Plannmg\Planning Division\PC\Staff Reports\13pc\13P-56\J3P-56 memo.doc
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13P-54 (910 38 th Street) Request for a Change of Zoning from General Residence (GR) to Commercial (C). Property is legally described as M Menard Survey, Part of Lots I and 2 (1-4), Block 217, in the City and County of Galveston, Texas. Applicant: Chama Graber Property Owner: Alfred 1. Rodriguez, M.D. E XIS
. f mg ZomngandLandUse:
.
Zoning
General Residence (GR)
Land Use
ne
mngandLandUse:
Surroun d'm g Zo'
North
South
East
West
Zoning
General
Residence (GR)
Commercial,
Broadway
Overlay Zone,
Zone 3
(C-BOZ-3)
Commercial (C)
Commercial (C)
Land Use
Residential
Restaurant
Storage
Commercial
In Opposition
No Comment
I
Property Owner Notification as of June 5, 2013:
Sent
Returned
In Favor
28
Advertisement Date:
May 24, 2013
Airport:
Pending
Pending
Fire Chief:
Pending
Fire Marshal:
Pending
Police Department:
Pending
Pending
Public Works:
J
Private Utility Notifications:
AT&T:
CenterPoint Energy:
Comcast
Texas Gas Service
Pending
Pending
Pending
Pending
ANALYSIS
The subject site addressed 910 38 th Street is an approximate 5,500 square-foot flag shaped lot that
fronts 38th Street and has additional fronting onto Sealy/Avenue I as shown on Attachments "A"
and "B". The lot is currently improved with a single structure with surface parking in the rear,
accessed from Sealy/Ave I. The existing structure, originally constructed as a single family
residence, has bee'1 modified to support commercial use. The applicant proposes to rezone the
property from General Residence (GR) to Commercial (C).
Interpretation of Use Classification:
As changes of zoning are of a permanent nature, regardless of the present proposed land use for the
property, the Planning Commission and City Council must consider all potential future land uses
that will become permitted uses should the request for a change of zoning be approved. Please see
Attachments "E" and "F" for a list of the permitted uses in the General Residence (GR) and
Commercial (C) zoning districts.
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Staff Report 13P-54
Page 21
Compatibility with surrounding land use and zoning:
The subject property is surrounded by properties zoned Commercial (C) to the west, south and
east. Adjacent property to the north is zoned General Residence (GR). The zoning within the
block is split between residential and commercial. Most consistent blocks of residential zoning lies
to the north of the subject site, across Sealy/Avenue L
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The property to the west, across Avenue 38 th Street, is the current location of EI Mercadito y
Taqueria restaurant and market. The property to the south, across the alley, is currently the Pho
Tal restaurant. The adjacent property to the east (3717 Sealy), also owned by the applicant, is
zoned commercial (C) and is used as storage. With a mix of zoning and land uses taking place
within the immediate vicinity, the change of zoning would not adversely affect the surrounding
land use or zoning.
Substantial relationship to health, safety, morals, or general welfare or protect and preserve
historical, cultural and environmental places and areas:
Staff anticipates the request for a change of zoning will not adversely affect the general welfare, health or safety of the area. Additionally, the property does not bear any historical or cultural
significance.
CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN The 2011 Comprehensive Plan includes the following objectives relating to Land Use with specific reference to zoning changes from residential to commercial: LU-3. 7 Provide Adequate Buffering Between Residential and Commercial Activities
Throughout Galveston, the edges oj commercial districts along major traffic corridors
often disrupt and destabilize adjacent neighborhoods, particularly where commercial uses encroach into neighborhoods and where unscreened rear service yards and parking lots create undesirable edge conditions. The City should modify its development standards to strengthen landscape screening Jor all such commercial edge conditions. In
areas such as the Teichman Road neighborhood, the introduction oj commercial uses
should be avorded when such uses are determined to generate traffic, excess parking,
signage, noise; and lighting into established residential neighborhoods. Rezoning oj
properties from residential to commercial use should only be approved upon
demonstration oj adequate impact minimization or appropriate mitigation, including
conditions on hours oj commercial operation and standards Jor screening, landscape buffering, lighting, and commercial sign age. LU-3. J0 Consider Zoning Changes in Areas Where Development Standards do not jWatch the
Existing or Intended Character ojthe Neighborhood
To enact guidelines Jor more compatible infill, and to preclude commercial intrusions into established neighborhoods, it may be necessary to change underlYing zoning designations. In many cases, neighborhoods that remain single-Jamily in orientation
nevertheless permit multi-Jamily or commercial development, as well as development out ojscale with surrounding patterns. The Zoning Standards currently requires all lighting associated with the restaurant development to
conform with Section 29-106(c) Regulation of Outdoor Lighting. Additionally, Section 27-67(g)
requires the installation of landscape screening as mitigation for commercial property adjacent to
residential.
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Further, the Economic Development Element portion of the Comprehensive Plan promotes
development and redevelopment within key districts and corridors, including zoning changes,
within the urban core. Objective ED-3 states the City should provide direct City support to existing
and new businesses and industrial activities. The Comprehensive Plan states the following:
ED 3.4 Promote Small Business Development and Retention
The City should support the development and retention of small businesses within
Galveston. Th~ Chamber of Commerce has noted that 80 percent of new jobs will be
created by existing businesses. City services to small business should be prioritized to
support their success in the community. Additionally, the City should encourage the
diversification and retention ofnon-profit entities. The City should also investigate a micro
loan program to assist both established and new small businesses.
This request for a zoning change is not in conflict with the 2011 Comprehensive Plan with regards
to Land Use and Economic Development.
Staff recommends the request for a Change of Zoning from General Residence (GR) to
Commercial (C) be approved.
ATTACHMENTS
"A" - Zoning Map
"B" Aerial Map
"c" Applicant's Narrative
"D" - Owner's Narrative
"E" - Appendix E: GR General Residence District Permitted Uses
"F" - Appendix S: C - Commercial District Permitted Land Uses
"G" Survey
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City Council has the final decision regarding this zoning change request. The council will
hear this request on July 11,2013.
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Rick Vasquez, Director
S:\Planning\Planning Divisicn\PC\StaffReports\13pc\13P-54\13P-54 STF.doc
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13P-64 (properties located south of BroadwaylI-45, north of English Bayou, west of 61 sl Street, and
east of 591h Street - 1014 61 s1 Street, 5907, 5915, 5919 and 6027 Boradway) Request for a Change of
Zoning in order to remove the Gateway Development Zone, Zone 1 (GDZ-l) overlay. Properties are
legally described as: Hall and Jones Survey, Portion of Lot 27 (27-3), Trimble and Lindsey Section 1;
Hall and Jones Survey, Portion of Lot 34 (34-3) Trimble and Lindsey Section 1; Hall and Jones Survey,
Portion of Lot 34 (34-2), Trimble and Lindsey Section 1; Hall and Jones Survey, Portion of Lot 7 (7-1),
Trimble and Lindsey Section I Aka Lots I through 3 of East half of subdivision #7; Hall and Jones
Survey, Portion of Lot 7 and half of Adjacent Road (7-3), Trimble and Lindsey Section I, Aka Portion of
Gore Wedge Tract; Lots 1 through 6 (1-0) Lucas Sub and the West half of Lot 7, Trimble and Lindsey
Section 1, Lease Tract 2; Portion of Lots 6 through 13 (6-1) Lucas Sub Lease Tract ]; Portion of Lots 5
through 13 (5-1) Lucas Sub Lease Tract 3; and Portion of Lot 34 (34-1) Trimble and Lindsey Section 1,
in the City and County of Galveston, Texas.
Applicant: City of Galveston, Planning Department Property Owners: Lamson Nguyen, Antonio and Severia Socias, Sisa Sunseri, Mitchell and Joe Chuoke, and Simi Investment Co. . , Z on102
' andLandUse:
E xlstin2
Zoning
C-GDZ-I-HDDZ-l District, Gateway Development Zone-I, Height and Density
Development Zone-l
CommerciallRetaiWacant
il Land Use
surround'102 Zo'
nlO~
Zoning
andLandUse:
North
South
East
West
Light Industrial
Zone-Gateway
Development
Zone-]
Recreation and
One Family One
Commercial
Broadway
Overlay-4
Commercial
Height and
Density
Development
Zone
(REC and I-FI)
(C-BOZ-4)
(LI-GDZ-l)
(C-HDDZ-I)
Land Use
Retail
Water
CommerciallRetaii
Retail
Property Owner Notification as of April 9, 2013:
Sent
Returned
In Favor
In Opposition
No Comment
48
0
0
0
0
Advertisement Date: May 24,2013 City Department Notifications:
Airport:
Fire Chief:
Fire Marshal:
Police Department:
Public Works:
Pending
Pending
Pending
Pending
Pending
Pending
Private Utility Notifications: AT&T:
CenterPoint Energy:
Comcast
Texas Gas Service
Pending Pending
Pending
Pending
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ANALYSIS
The applicant is requesting that the Gateway Development Zone, Zone I (GDZ-I) overlay zone be
removed from the above described properties. The GDZ regulates land use, signage and fencing and also
requires a General Land Use Plan from the Planning Commission for any new construction.
The base zone of the properties will remain Commercial (C) and the Height and Density Development
Zone, Zone 1 (HDDZ-I) overlay will also remain.
Staff recommends that the request for a Change of Zoning be approved.
ATTACHMENTS
"A" - Zoning Map "B" GDZ-I Regulations "c" - Survey City Council has the final decision regarding this zoning change request. The council will hear this
request on July ,2013.
~c~.e~Dir~tor
S:\Planning\Planning Division\Pc\StaffReports\13pc\13P-54\13p-54 STF.doc
Date
IStaff Report
13P-55
Page
11
13P-55 (19183, 19187, 19191, 19320, 19418, and 19428 San Luis Pass Road) Request for an
amended General Land Use Plan in conjunction with a "One-Family Dwelling, Attached"
development with amenities in a Planned Development (PD) zoning district. Properties are
legally described as Silverleaf Seaside Resort, Section 2 Replat (2002), and all of Sections 1 and
3, in the City and County of Galveston, Texas.
Applicant: Shelmark Engineering, LLC c/o Rhonda Gregg
Property Owner: SilverleafResorts, Inc. c/o Andrea Madison, Director of Planning
E XIstlD2
. . Z omn2andLandUse:
'
Zoning
Planned Development (PD)
Land Use
One Family Dwelling, Attached
'
Surround'1D2 Z omn2andLandUse:
North
South
East
West
Zoning
Water(W)
Beach (B)
Planned
Development
(PD)
Planned
Development
(PD)
Land Use
Galveston Bay
Kahala Beach
and Vacant Land
Vacanti
Residential
Vacant
Opposed
No Comment
f.
Pronertv Owner l' otification as of June 4, 2013:
Sent
Returned
In Favor
15
Advertisement Date:
May 24, 2013
Airport:
Fire Chief:
Fire Marshal:
Police Department:
Pending
Pending
Pending
Pending
Pending
Pending
AT&T:
CenterPoint:
Southwestern Bell:
Texas Gas Service:
Time Wamer Communication:
Pending
Pending
Pending
Pending
Pending
Site Details:
The proposed development will encompass Section 2 Replat (2002), and all of Sections 1 and 3
of Silverleafs Seaside Resort Subdivision. The total size of the development is 69.4 acres,
excluding protected wetlands, beaches, and dunes. Please note, Staffs detennination of the
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IStaff Report
13P-55
Page21
excluded areas of protected wetlands, beaches and dunes is consistent with the applicant's
information.
BACKGROUND
This is the seventh revision to the Silverleafs Seaside Resort General Land Use Plan and the
overall scope and intent of the project will not change. The applicant has stated that this revision
is only a change to the layout, not density on the property south of FM 3005. The lots north of
FM 3005, have not changed in layout or density.
The applicant amended the General Land Use Plan, which was approved by the Planning
Commission on April 3, 2007 (07P-42) in order to increase the number of lots from twenty-five
(25) to thirty-nine (39) lots located within the common area of the development that increased the density from 296 units to 470 units and to reconfigure the roadway, add two (2) cul-de-sac roads in Section 3, reposition several lots within the existing Sections One and Three (requiring the replat process) that was approved under the 2001 Comprehensive Plan for a density of 5.72 dwelling units per acre of the development. The Planning Commission also approved a request at their regular meeting of December 3, 2003 (04P-29), which reduced the total number of lots from twenty-seven (27) to twenty-five (25). The Planning Commission approved the original General Land Use Plan on December 2, 1997 (98P-17), which was approved under the 1988 Comprehensive Plan. ANALYSIS
The proposed amendment to the General Land Use Plan is only being requested for a change in layout only to the property south of FM 3005. There will be no change to the density requirements. The total number of units for the development includes 470 "One Family Dwelling, Attached" units with amenities, within a total of 86.32 acres. The developable portion of the land is 69.4 acres, excluding protected wetlands, beaches and dunes. The applicant is required to present an amended General Land Use Plan before the Planning
Commission for alterations to roadways, infrastructure, and/or dwelling unit configuration for the
subject property.
The applicant is proposing an administrative replat to the lots south of FM 3005 in order to reduce the number of lots from 4 to 1 and will change the layout of the property, which triggers the requirement for an amended General Land Use Plan for the development. There will be no change to the thirty-eight units of units previously approved for the property south ofFM 3005. In addition, the applicant is requesting a Beachfront Construction Dune Protection Permit in
order to construct a five (5) story structure with four (4) habitable stories containing thirty-eight
(38) units with amenities, public beach access parking area and a ADA compliant public dune walkover. Ability 01 the Property to be used under current zoning
The subject site is zoned Planned Development (PD). The proposed "One Family Dwelling,
Attached" development with amenities is permitted in a Planned Development District with an
approved General Land Use Plan from the Galveston Planning Commission.
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Existing Structures
The subject site north of FM 3005 presently contains thirteen (13) buildings, which were
approved for building permit by the City of Galveston, and are currently being utilized or under
construction, as well as various amenities, and a clubhouse/registration office. Please note, a
total of thirty-nine (39) buildings were approved by the Planning Commission under the existing
General Land Use Plan. The subject site south ofFM 3005 is currently vacant land being utilized
as Beach Access Point 22 with parking lot and ADA public dune walkover.
Proposed Building Types
The total development will consist of thirty-six (36), three story buildings on the north side of
FM 3005 and one (1) four story building on the south side of FM 3005. Each building will have
the main entrance off of the access roadway that runs through the development. Please see the
attached General Land Use Plan, for specific notes on the building types.
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Amenities
As indicated on the attached General Land Use Plan (Attachment E), the majority of the amenities
are located within a cluster in the southeast section of the development to the north of the
clubhouse. Additional amenities are found within the three (3) sections, including child play sets,
gazebos, shade structures, golf course and swimming pools. The location of each amenity is shown
in Attachment E.
Parking
The Galveston Zoning Standards Section 29-67 (c), Parking Space Schedule for Residential
Uses, requires 1.85 space for each dwelling unit. In addition, for every twenty-five (25)
regulation parking spaces, one (l) ADA Handicapped space in accordance with the accessibility
standards, is required. The applicants will be required to submit a detailed parking plan within
each set of construction plans, to the City of Galveston for approval.
Landscaping (Existing and Proposed)
The development includes extensive landscaping throughout the site. Landscaping berms were
installed along the perimeter of the development, on the north side of FM 3005. The vacant
portion of the property on the south side of FM 3005 contains natural ground cover and small
brush, all of which will either be removed or incorporated into the proposed planting schedule.
The applicant is required to comply with Section 29-67 (g) of the Zoning Standards regarding
landscaping and screening. Landscaping plans were submitted in conjunction with the existing
building plans. Future development plans will require landscaping plans at time of submittal.
Pedestrian Walkways and Vehicular Drives
As indicated on the attached land use plan, there will be one main, private, roadway throughout
the development. The site plan indicates small access sidewalks leading to the entrance points of
each building. Pedestrian walkways and/or vehicular drives will access each amenity. All of the
proposed street, drive, and parking surfaces, not within the coastal permitting areas, will be
constructed of asphalt and/or concrete.
Drainage
According to the land use plan, all drainage will be directed to the north, towards Galveston Bay.
The existing drainage courses will be used in the property drainage.
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IStaff Report
13P-55
Page 41
Substantial relationship to health, safety, moral, or general welfare or protect and preserve
historical, cultural, and environmental places and areas
As the nature of the development is seasonal, the surrounding area has adequate infrastructure
and population to support a residential development such as timeshare condominiums, without
negatively affecting adjacent residential areas. Additionally, the applicant has taken into
consideration the adjacent residential structures along the beachfront, for compatibility regarding
setbacks and lighting.
The developers obtained a traffic survey for the previously approved 282 units, which outlined
needed improvements for the development along FM 3005. The City of Galveston Traffic
Engineer and City Engineer will continue to coordinate with the developers regarding the
implementation of the required improvements, and any new improvements deemed necessary.
Compatibility with surrounding land use and zoning
The subject property is in the vicinity of property zoned Planned Development (PD) to the east,
west, and south. To the southwest and southeast, the development is in close proximity to the
single-family residences of Kahala Beach and The Dunes of West Beach Subdivisions. As
indicated on the attached plan, the proposed structure south of FM 3005 will be setback from the
existing structures to the east and west by approximately 89 feet.
The proposed facility is residential and therefore, as the subject property is configured with
relation to adjacent zoning and land use, the site should be considered compatible with
surrounding zoning and land use, based on the number of dwelling units per acre.
TraffIC Volume, Impact and Trip Generation
The estimated number of daily trips generated will have a moderate to heavy impact on the traffic
volumes in the vicinity, due to the fact that the development will have a main access off of San
Luis Pass Road, which is a major thoroughfare and a state highway.
According to the Institute of Transportation Engineers "Transportation and Land Development,"
the timeshare development, as proposed, could have an average trip generation of approximately
2,820 trips per day, at peak season.
Subsequently, the developers will be responsible for incurring the expense of implementing any
recommended traffic improvements.
US Army Corp ofEngineers
On December 10, 1998, the US Army Corp of Engineers issued a letter to the applicant stating
that the Corp of Engineers approved the wetland determination for the subject property. The
applicant does not plan to impact any of the property's wetlands, and therefore, will not require a
permit from the Corp of Engineers at this time.
Coastal Permitting Issues
As required under the Texas Open Beaches Act, the Dune Protection Act and the City's Coastal
Development Ordinance, all construction within 1,000-feet of the mean high, is subject to the
regulations for coastal permitting, typically referred to as the beach/dune rules.
The beach/dune rules require that applications for new construction be submitted to the
respective local government for review and preliminary determination. The local government is
required to submit the application to the Texas General Land Office (GLO) for review and
comment, prior to the issuance of a building permit.
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IStaff Report 13P-SS f
PageSI
The applicant has met with both the Texas General Land Office, and City staff regarding the
proposed construction adjacent to the beachfront. Such issues that will require additional approval from the City of Galveston, and the respective state agencies, include, but are not
limited to the following:
1. Swimming pool located south ofFM 3005 - The swimming pool may require a master plan through the permitting procedures. 2. Public Beach Access Parking The state and local beach/dune rules require one (1)
parking space per 15-feet of linear beach frontage, designated for public beach parking within the development. 3. Public Beach Access ADA Dune Walkover There is an existing dune walkover at this location that will be retained. The dune walkover must be modified or a separate ADA public walkover must be constructed within 2 years of General Land Use Plan approval. As the proposed subdivision nears development, dune walkovers will be constructed for use by the public, which will enhance public access to the adjacent beach. 4. Surface material- Pervious ground cover is required for all driveways and footprints of structures located within 200-feet of the line of vegetation. The proposed General Land Use Plan conforms to this requirement. 5. Feasible Relocation - The beach/dune rules require that all construction be designed for feasible relocation, in the event of a storm that causes the structure to be located on the public beach. The proposed structures will be of concrete piling design, which will conform to the requirement of feasible relocation. 6. Drainage - As required by the City of Galveston, and the respective state agencies, the development will drain to the north, towards FM 3005. Conformance with the 2001 Comprehensive Plan (Case 07P-42):
In accordance to the West End element of the 2001 Comprehensive Plan, residential development is cited for the subject area. According to the Comprehensive Plan, the maximum density of a Conventional Planned Development on the West End is six (6) dwelling units per developable acre. However, the Comprehensive Plan also established incentives to allow developers to increase maximum residential densities by incorporating green space and other amenities. Specifically, for each acre of open space above the required minimum, an additional six (6)
dwelling units may be added to the density. The applicant will provide the following types of open
space:
• 13.88 acres of Required Open Space,
• 18.65 acres of Additional Open Space
The Additional Open Space provided allows for 111.9 additional dwelling units.
The proposed project will provide 470 condominium dwelling units on approximately 69.4 developable acres. When taking into account the Allowable Density Increases, the project could be allowed a maximum of 528.3 dwelling units. Therefore, under the 2001 Comprehensive Plan, the density will be 5.72 dwelling units per acre. t
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IStaff Report
13P-55 Page 61
The West End Strategies and Actions section of the Comprehensive Plan stresses the importance
of protecting open space and the scenic environment. The proposed development preserves
41.61 % of the tract as open space, exceeding the minimum requirement for maximum density by
208.05%. The proposal provides aggregated and interconnected open spaces that will be
dedicated as open space during the plat process, taking advantage of the density increases
associated with preserving open space.
The City Council recently adopted height regulations for all areas west of 103 rd Street/Cove View
Boulevard, based on the recommendations of the West End Land Use Policy Committee
(WELUPC). The height regulations require a Specific Use Permit for all high-rises construction over 9 habitable floors or 150 feet in height.
The proposed timeshare condominiums are 4 stories, 3 habitable stories with a total height of 70
78 feet above Mean Sea Level and will not require a Specific Use Permit. A Low-Rise Structure
for Single-Family Attached is defined as 4 habitable stories or fewer with a maximum height of
seventy-two feet (72') from Mean Sea Level (including roof peak chimney, cupola, widow walk,
etc.) Therefore, future construction plans will need to be modified in order not to exceed a
maximum height of seventy-two feet (72') from Mean Sea Level. Any modification to the
proposed height may result in additional review by the Planning staff or Planning Commission.
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Provided adequate infrastructure is provided and the development is designed to be sensitive to
the fragile beach/bay environment, the proposed development appears to conform to the overall
goals of the Plan.
Staff recommends Case 13P-55, request to amend the General Land Use Plan in conjunction with
a "One-Family Dwelling, Attached" development with amenities in a Planned Development (PD)
zoning district, be approved with the following conditions:
Specific Conditions of 13P-55: 1. The applicant shall adhere to all conditions from the Public Works Department;
Andper conditions of07P-42 and 13P-55:
2. The applicant shall modify the existing dune walkover or construct a separate ADA public
walkover must be constructed within two (2) years from the Planning Commission approval
date;
3. The applicant shall comply will all regulations set forth in Section 29-90: Development,
Preservation and Protection of Sand Dunes, of the Galveston Zoning Standards;
4. The applicant shall provide 20-foot wide streets; I
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5. The final plat shall show limits of all proposed public and private streets; I
6. The applicant shall be required to locate fire hydrants spaced such the distance from the
nearest hydrant to the most remote exterior point of any building shall not be more than 500
feet; If necessary, the applicant be required to construct and fund any City of Galveston or
TxDOT approved traffic related improvements at the entrance(s) to the development;
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7. A minimum of twenty percent (13.88 acres) of the total developable area shall be designated on
the final plat and maintained as open space, in accordance with Section 3.4, Strategy LU-I.3.!,
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of the 2001 Comprehensive Plan. In addition to the required open space, in order to maintain the proposed density of 470 dwelling units, an additional 18.65 acres must be designated on the final plat and maintained as open space; 8. The applicant shall adhere to all comments/conditions received from City departments and/or
private utility companies. Should conformance with the comments/conditions 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 comments/conditions may result in penalties and/or revocation ofthis request; 9. Prior to the issuance of any building permits, the applicant shall apply for and shall be
approved for an administrative replat for the subject tract of property south of FM 3005, and
be consistent with the approved General Land Use Plan (07P-42) dated April 3, 2007 and
(l3P-55), in accordance with the City of Galveston Subdivision Regulations;
10. The applicant shall obtain a specific use permit from City Council, for any/all excavation, if
necessary;
11. The development shall conform to the standards and guidelines of the Staff Report dated April
3, 2007, and attached applicant's narrative (Attachment C). Should the design of the
development be altered, including, but not limited to: layout, maximum heights or density, the
case will require a separate review by the Department of Planning and Community
Development and/or the Planning Commission;
12. In order to minimize lighting encroachments into the adjacent residential neighborhoods, the
applicant shall direct light fixtures down toward grade to the greatest extent possible. Any
spotlights used to illuminate monument/directional signage and/or the buildings shall be
directed onto the structures. Additionally, the intensity of all light fixtures visible from the
exterior shall be minimized;
13. The applicant shall adhere to all comments/conditions received from City departments and/or
private utility companies. Should conformance with the comments/conditions 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 comments/conditions may result in penalties
and/or revocation of this request;
14. The applicants adhere to all comments received from the Texas General Land Office. Should
the comments require alterations to the development, the case must be returned to the
Planning Commission for approval;
15. The applicant shall submit for approval, all plans to the Department of Planning and
Community Development, for compliance with all City Codes and Standards;
16. The applicant shall submit, for approval, plans for proposed signage prior to sign installation.
Additionally, the applicant must obtain a sign permit from the Department of Planning and
Community Development;
17. Construction of the development shall commence no later than two (2) years from the
Planning Commission approval date;
18. The applicant shall obtain a building permit from the Department of Planning and Community
Development, prior to construction. Detailed parkingllandscape plans shall be included in the
plans submitted for approval;
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IStaff Report
13P-55
PageSI
19. The applicant shall adhere to all conditions of the General Land Use Plan. Should the design
of the development be altered, the case must be returned to the Planning Commission for
additional review; and,
20. 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 (10) working days from the date of the Planning Commission's decision.
Subject to the Rights of Appeal, the Planning Commission has final decision regarding the General Land Use Plan. Attachments
"A" "B"
"C" "D"
Aerial Zoning Map
Applicant's Narrative
Case 07P-42, Staff Report and Attachments
Color Rendering, Site Plan, Lighting Plan, Landscaping Plan, Site Cross Section Drawings
for the property on the south side ofFM 3005
"E" - Survey
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ibby Ston , Urban Planner
(lc;2;-:
5/.:I.J /13
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13P-52 (1528 Avenue L) Request for a Permanent License to Use for the placement of a dumpster.
Property is legally described as Lots 14 & W. 'l'2 of 12 feet of 13, Block 75, in the City and County
of Galveston, Texas.
Applicant: Shy Leger
Property Owner: Jacque Passino
It
NS-Neighborhood Service
Cafe
. andL an dU se:
Surroun d'109 Z onmg
North
South
East
West
Zoning
GR-NCD-I
GR-NCD-I
GR-NCD-I
GR-NCD-I
Land Use
Commercial
Commercial
Commercial
Commercial
In Opposition
No Comment
Property Owner Notification as of February 19,2013:
Sent
In Favor
Returned
27
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Advertisement Date:
Airport:
Fire Chief:
Fire Marshal:
Police Department:
AT&T:
Center Point Energy:
Comcast:
Texas Gas Service:
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
ANALYSIS
The applicant is requesting a permanent License to Use for the installation of a dumpster.
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Impact on PubliclPrivate Utilities and Services
There will be no adverse effect on the public and private utilities and services at this location.
NA
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Staff recommends Case 13P-52 be approved with the following conditions:
Standard LTU conditions
1. The Licensee shall adhere to all comments/conditions received from City departments and/or
private utility companies. Should conformance with the comments/conditions 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 comments/conditions may
result in penalties and/or revocation of this permit;
2. The applicant and/or adjacent property owner shall maintain a minimum of five-feet (5') of
unobstructed pedestrian access within the subject City right-of-ways;
3. The construction site shall be secured at the end of each work day, to prevent trespassing;
4. 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;
5. The cleaning of the debris from the site shall be the responsibility ofthe Licensee;
6. 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;
7. The Licensee and all of the Licensee's 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;
8. 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;
9. 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;
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10. 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 and/or
obstruction located thereon at Licensee's own expense prior to the expiration of said 90-day
notification period; and
11. The fee shall be fifty dollars ($50.00) for the first on thousand dollars ($1,000.00) valuation
and twenty-five dollars ($25.00) for each additional one. thousand dollars ($1,000.00)
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.
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ATTACHMENTS
"A"
Zoning Map
"B" - Aerial Map
"c" - Ap licant's Narrative
7!zW3
Date
S;\Planning\Planning Division\PC\Staff Reports\J3pc\l3P-16\13P-16 STF.doc
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11
13P-57 (9402 Seawall Boulevard) Request for a Specific Use Permit in conjunction with the
development of an "Amusement, Commercial (Outdoor)" land use including, but not limited to
the operation of Go Cart Tracks in a Recreation, within Zone 4 of the Seawall Development
Zone, and Zone 5 of the Height and Density Development Zone (REC-SDZ-4-HDDZ-5) zoning
district. Property is legally described as Part of Lots 293 thru 396 & Adjacent Abandoned Road
(295-1), Trimble & Lindsey Section 1, in the City and County of Galveston, Texas,
Applicant: Michael Gaertner Architects
Property Owner: Jungle Surf Partners, LP
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dLandUse:
XIS
omngan
Zoning
District, Seawall Development Zone
. Resort
Development Zone 5 (RES-SDZ-4-HDDZ-5)
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Land Use
4, Height and Density
Amusement, Commercial (Outdoor) - not in operation
. an dLandUse:
surroun d'mg Z onmg
North
South
East
West
Zoning
Planned
Development
(PD)
Resort District,
Seawall
Development
Zone 4, Height
and Density
Development
Zone 5
(RES-SDZ-4
HDDZ-5)
Recreation
District, Seawall
Development
Zone 4, Height
Density
and
Development
Zone 5 (PD
SDZ-4-HDDZ
5)
Planned
Development
District, Seawall
Development
Zone 4, Height
and Density
Development
Zone 5
(PD-SDZ-4
HDDZ-5)
Land Use
Municipal
Airport
Ocean Grove
Condominiums
Vacant (former
Sea-Arama site)
Maravilla
Condominiums,
and Vacant
Property Owner Notification as of June 4,2013:
Sent
Returned
In Favor
In Opposition
No Comment
231
Advertisement Date:
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Airport:
Fire Chief:
Fire Marshal:
Police Department:
AT&T:
Center Point Energy:
Comcast:
Texas Gas Service:
P~nding
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May 24, 2013
Pending
Pending
Pending
Pending
Pending
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Pending
Pending
Pending
Pending
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1Staff Report 13P-57 Page 21
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Backgrouud 2002, October 2005, April City Council adopted amendments to the Galveston Zoning
Standards to include a definition for a "Resort" as a new and
unlisted permitted land use and to create Section 29-104: Resort
Regulations.
A Specific Use Permit was approved by City Council for
development of an "Amusement, Commercial (Outdoor)" and
"Amusement, Commercial (Indoor)" land use for the operation of a
recreational water slide park (05P-89).
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The Zoning Board of Adjustment denied a Variance from the
Galveston Zoning Standards regarding maximum square footage
for a detached (pylon) sign (05Z-30).
2005, June The Zoning Board of Adjustment approved a temporary Variance
from the Galveston Zoning Standards regarding landscaping
requirements until thirty (30) days after the Certificate of
Occupancy was issued for the Ocean Grove Condominiums. A
variance from the paving standards for vehicular parking was
denied (052-39).
2005, September Planning Commission recommended approval of a Specific Use
Permit for a "Resort" land use, however the request was postponed
by the applicant until they could meet with adjacent property
owners in order to consider recommended changes to the
development. A meeting scheduled with neighboring owners was
interrupted by Hurricane Rita, and the request did not proceed to
Council for consideration (05P-186).
2012, June
City Council granted a Specific Use Permit for an "Amusement,
Commercial (Outdoor)" land use for the operation of Go Cart
Tracks, Laser Tag, Arcade, Kiddie Pool, Rope Walk, Zip Lines,
and Miniature Golf (12P-44). A condition of the approval was that
only one go cart track would be constructed.
ANALYSIS
The applicant is requesting a Specific Use Permit for the operation of an "Amusement, Commercial
(Indoor)" land use, "Amusement, Commercial (Outdoor)" land use and "Resort" land use on a
13.6 acre property.
Ability of the Property to be used under Current Zoning
The subject site is zoned Recreation, within Zone 4 of the Seawall Development Zone, and Zone
5 of the Height and Density Development Zone (REC-SDZ-4-HDDZ-5). As proposed, the land
uses "Amusement, Commercial (Indoor)" and "Amusement, Commercial (Outdoor)" are
permitted land uses with a Specific Use Permit within the Seawall Development Zone overlay
district.
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Site Details
The subject site is located north of the Seawall Boulevard and the Ocean Grove Condominiums,
northeast of the Maravilla Condominiums, and south of Stewart Road and the Municipal Airport.
To the east are the remnants of the Sea-Arama Marineworld entertainment park, and to the west are
large tracts of undeveloped property. The l6.6-acre flag-shaped lot has frontage along both
Seawall Boulevard and Stewart Road, incorporating a previously abandoned right-of-way
approximately 50-feet in width that provides access to Seawall Boulevard.
The property contains part of a large freshwater pond that extends beyond the south and east
property lines (2-acres); and a l.4-acre freshwater pond located on the north part of the lot closer to
Stewart Road. According to the applicant's narrative, the site is served by municipal water and
sewer public utilities, as well as electricity, cable, and telephone service private utilities; with
existing connections to be utilized by owner-provided extensions on the property.
Existing Structures
Recent improvements to the property include construction of the previously approved go cart
track, paved all weather parking area, and remodeling of a building on the site that houses the
arcade and ticket sflles.
Proposed Structures and other Improvements
The applicant is proposing to construct two additional go cart tracks - one in the location where
a track was requested under the previous Specific Use Permit request, and one in the location
where the previously approved "Resort" land use would be located. Additionally, the applicant is
proposing to construct a third "slick" go cart track, which will utilize the same type of carts that
are operated on the existing track.
As the plans for new construction and improvements to the site further develop, the applicant
should note the applicable design standards of the Height and Density Development Zone,
Section 29-107 of the Galveston Zoning Standards.
Landscaping (Exi')ting and Proposed)
In its current state, the subject property contains a number of trees and shrubs, with the
remaining undeveloped areas being heavily vegetated. Landscaping has also been planted around
the customer parking areas. There are no specific details indicated on the site plan for new
landscaping. Landscaping should be installed to be consistent with the City requirements.
Pedestrian Walkways and Vehicular Drives
Vehicular access to the subject property is provided by an asphalt driveway, approximately 16-feet
wide, which extends from Seawall Boulevard along a previously abandoned right-of-way that is
50-feet wide. There are currently no sidewalks or other pedestrian paths on the subject property.
Staff recommends the existing driveway be widened to accommodate the additional traffic
associated with th,e development, as well as to accommodate access for emergency response
vehicles.
A condition of the previous Specific Use Permit for the first go cart track was to include
construction of a sidewalk to provide access to the development for pedestrian traffic along
Seawall Boulevard. The applicant is requesting that this condition of approval be omitted from the
development.
Page 4 i
Any traffic improvements on Stewart Road or Seawall Boulevard required by the City of
Galveston shall be the responsibility of the applicant.
Lighting
There are no specific details included with this request regarding new outdoor lighting. All building and site lighting should be designed in compliance with Section 29-1 06(c) of the Galveston Zoning Standards, regarding the Regulation of Outdoor Lighting. Outdoor lighting standards of the Height and Density Development Zone are also applicable for this location, which are found in Section 29-1 07(f)(l 0). The subject property 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 permitting and
certificate of occupancy processes.
Drainage
The site currently drains into the two freshwater ponds on the property, with no substantial modifications to site drainage being proposed. Drainage must conform to the City's requirements for drainage patterns in the subject area. Should this request be approved, the specific drainage pattern will be reviewed by the Public Works Department during the building permit review process. Signage
This application does not include specifications regarding the locations and types of signs that
will be installed in conjunction with this request. This property is subject to the sign regulations
of the Seawall Development Zone, Section 29-102(k).
Trip Generation, Traffic Volume and Impact
The Institute of Transportation Engineers "Transportation and Land Development" provides an estimate of 75.76 trips per acre for an Amusement Park land use. Based upon the size of the subject property and location of associated proposed land uses, staff has prepared an estimate for
the vehicle trips generated from the proposed development, along with estimates for neighboring land uses for comparison. The results ofthis analysis are shown in the table below: Land Use
Trips Generated
Units
Estimated Trips
"Indoor/Outdoor Commercial Amusement"
Maravilla Condos
Ocean Grove Condos
Island Cinema Theater
75.76 per Acre
4.18 per Unit
4.18 per Unit
78.06 per 1,000 sq. ft.
8.4 acres
164 units
54 units
30,000 sq. ft.
636
686
226
2,342
In 2005, previous plans for the development of this property as a recreational water slide park
and resort were eS'~imated to generate 1,018 vehicle trips daily (150 trips generated by the water
slide park and 868 by the resort); which is higher than what staff estimates for the new
development configuration.
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Parking Requirements and Parking Facilities
Initial plans for the development are to provide 100 off-street parking spaces for the indoor and
outdoor amusements; with plans to expand the parking area by an additional 50 spaces.
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IStaff Report 13P-S7
PageSI
The Galveston Zoning Standards, Section 29-67(b) Parking Space Schedule Non-Residential
Uses, requires:
•
Commercial Recreational and Amusement Establishments (other than
listed) - One (1) space for each two hundred (200) square feet involved in such use.
Approximately 4-acres of the property will be occupied by the indoor and outdoor commercial
amusements, resulting in an off-street parking requirement of approximately 872 parking spaces.
Staff believes this amount of required off-street parking is unnecessary for the proposed use of
the development, and that the applicant should seek a Special Exception from the Zoning Board
of Adjustment. Staff also recognizes that the proposed improvements to this site are conceptual
at this stage, and are subject to change as the development of the property progresses.
The off-street parking plan for this development should include designated ADA accessible
spaces in accordance with the Americans with Disabilities Act standards. All parking
requirements will be verified during the building permitting and certificate of occupancy
processes. Off-street parking areas will also need to conform to the Parking Standards and
Landscape Standarp.s
, of the Height and Density Development Zone design guidelines.
Compatibility with Surrounding Land Use and Zoning
The properties surrounding the subject site are zoned Planned Development, within Zone 4 of the
Seawall Development Zone and Zone 5 of the Height and Density Development Zone (PD-SDZ
4-HDDZ-S) to the east and west, and Planned Development (PD) to the north.
Land uses in the immediate area include the Maravilla Condominium development to the
southwest and the Ocean Grove Condominium development, containing 164 and 54 units,
respectively. Other entertainment and tourism-oriented developments are located further to the
east, including the recently redeveloped 91 st Street Pier, a miniature golf course, and a movie
theater. Several hotels and vacation rental condominiums are located in the vicinity, which
further support the tourism and entertainment industry.
The typical hours of operation of the proposed go cart track and other outdoor commercial
amusements during the peak (summer) season will be from 9:00am until the last customer
leaves, which is typically between 1O:00pm and midnight. Hours will be reduced in spring and
summer seasons, with weekend operations expected during the off season.
Staff does have some concern regarding the noise generated from the proposed go cart track that
would be located closest to the neighboring Maravilla and Ocean Grove condominiums. Staff
believes it would be appropriate to continue only using the "super silent" go carts, or carts using
other technologies designed to minimize noise that trespasses over property lines. Sound barriers,
auxiliary buildings, landscaping, fencing, or other features on the property should also be
situated in order to buffer the neighboring condominium developments from noise.
Overall, staff finds the proposed use ofthis property to be compatible with surrounding land uses
and zoning.
Conformance with the 2011 Comprehensive Plan
Staff has cited those sections of the 2011 Comprehensive Plan that are applicable to this
proposal. Staffhas indicated if the proposed development conforms to the cited sections or not.
Page 61
Economic Development Element:
ED-2.1 Expand Galveston's Attraction as a Quality. Year-Round. Tourist Destination
The Economic Development element of the Comprehensive Plan recognizes the importance of
strengthening and diversifying the economy through enhancing the image of the Seawall corridor
with a greater array of activities and amenities.
Conforms - The proposed development introduces a number of indoor and outdoor commercial
amusements that are not presently available in the Galveston community for the enjoyment of
residents and tourists, which both strengthens and diversifies the local economy and further
enables the entertainment and tourism industry to compete regionally.
Land Use Element:
LU-2.3 Improve Conditions along Seawall Boulevard to Promote Quality Development and
Support its Function as an Attractive Visitor Destination
The Land Use element of the Comprehensive Plan recognizes Seawall Boulevard as having a
powerful influence on resident quality of life, the vitality of Seawall businesses, and visitor
perceptions about the community. Utilization of the Design Guidelines of the Height and Density
Development Zone can further enhance attractiveness to the overall location, supporting goals of
both the Economic Development and Land Use elements of the Comprehensive Plan.
LU-3. 7 Provide Adequate Buffering Between Residential and Commercial Activities
The Land Use element also suggests that requirements should be included for commercial
development when commercial edge conditions are adjacent to neighborhoods and other
residential land uses.
Partially Conforms - Staff believes the development would more fully support the Land Use
element of the Comprehensive Plan by utilizing equipment and other technology on the premises
that minimize excessive noise that can trespass over property lines. Furthermore, installation of
sound barriers, auxiliary buildings, landscaping, fencing, or other features on the property can be
installed or situated in order to buffer the neighboring condominium developments from noise.
Transportation Element:
T-2.5 Protect Neighborhoods from Excessive Cut-Through Traffic
The Transportation element directs City staff to reduce through-traffic conditions in
neighborhoods, which can contribute noise and safety concerns for neighboring residents. The
condominiums in the immediate vicinity of the subject property, while not a traditional single
family dwelling neighborhood, do serve as seasonal and year-round residences.
Conforms - The development, as proposed, does not facilitate cut through traffic between
Seawall Boulevard and Stewart Road, which supports goals of the Transportation element.
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 and/or 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 recommends Case 13P-57, request for a Specific Use Permit in conjunction with the
development of an "Amusement, Commercial (Indoor)" land use, an "Amusement, Commercial
(Outdoor)" land use, and a "Resort" land use, be approved with the following conditions:
Specific Conditions/or Case 13P-57:
1. All proposed improvements and parking areas shall conform to Section 29-107 of the
Galveston Zoning Standards, Height and Density Development Zone Design Guidelines;
2. The existing asphalt driveway shall be improved in order to accommodate the additional
vehicle traffic associated with the development. A sidewalk shall be constructed in order to
provide pedestrian access to the development from Seawall Boulevard;
3. The applicant shall be responsible for any traffic improvements on Stewart Road or Seawall
Boulevard that are required by the City of Galveston;
4. The applicant shall utilize "super silent" go carts or other technologies designed to minimize
noise that trespasses over property lines. Sound barriers, auxiliary buildings, landscaping,
fencing, or other features on the property shall be situated in order to buffer the neighboring
condominium ,developments from noise. All improvements shall conform to the City of
Galveston noise ordinance;
5. The applicant shall submit, for approval, plans for proposed signage prior to sign installation.
Additionally, the applicant must obtain a sign permit from the Department of Planning and
Community Development for each sign. The applicant shall comply with all signage
requirements per Galveston Zoning Standards Section 29-82: Sign Regulations, and Section
29-102: Seawall Development Zone;
6. The development shall conform to the standards and guidelines of the staff report l3P-57
dated June 4, 2013 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 and/or the Planning Commission. Staff recognizes
that the design and placement presented are conceptual and may be altered;
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Standard Conditions 0/ a Specific Use Permit:
7. The applicant shall adhere to all comments/conditions received from City departments and/or
private utility companies. Should conformance with the comments/conditions 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 comments/conditions may result in penalties
and/or revocation of this permit;
8. 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;
9. The applicant submit for approval all plans to the Department of Planning and Community
Development for compliance with all City Codes and Standards; and,
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Page 81
10. The applicant shall pay the Specific Use Permit annual registration fee of$25.00.
Attachments
"A" - Aerial Map
"B" - Site Plan
City Council has the final decision regarding this request for a Specific Use Permit. The
council will hear this request on July 11,2013.
S~;(8-l3
Date
c-j-ZlJ -13
Date
S:\PJanning\PJanning Division\PC\StaffReports\13pc\13P-57\13P-57 STF.docx
I Staff Report
13ZA~03
Page
11
13ZA~03
Request to amend the Galveston Zoning Standards to create a new and unlisted land
use "Custom Metal Fabrication Facility." Request to amend the Galveston Zoning Standards
Section 29-51: Use Regulation Definition to add a definition for "Custom Metal Fabrication
Facility." Request to amend the Galveston Zoning Standards to allow "Custom Metal Fabrication
Facility" as a permitted land use in various zoning districts and overlay zones.
Applicant: City of Galveston
Advertisement:
May 25, 2013
Airport:
Building:
Fire Chief:
Fire Marshal:
Police Department:
Public Works:
A.T&T:
CenterPoint Energy:
Comcast Communications:
Texas Gas Service:
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
Pending
ANALYSIS
Staff is requesting to amend the Galveston Zoning Standards to create a new and unlisted land
use of "Custom Metal Fabrication Facility". A recent review of the Zoning Standards has shown
a lack of flexibility regarding modern metal fabrication services such as computer-aided design
(CAD) or computer numerical control (CNC) facilities used for plasma cutting, laser cutting,
forging, forming, coating and other related uses. The Zoning Standards provides a land use for
"Welding or machine shop", but does not currently address the less intense, computer aided
metal design facilities.
The definition of "Welding or machine shop" is as follows and is allowed in the following
zoning districts:
Welding or Machine Shop - The assembly of metal parts, where lathes, resses, grinders, shapers, and other wood- and metal-working machines are used such as blacksmith,
tinsmith, welding, and sheet metal shops and boiler shops, that produce metal duct work,
tanks, toWe-TS, cabinets and enclosures, metal doors and gates, and similar products. (Ord
05-038)
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Staff is recommending the following new and unlisted land use in order to allow for a modern
metal fabrication facility that is enclosed, climate controlled and less intense in use than the
existing "Machine shop" land use. The proposed new land use is defined below:
Custom metal fabrication facility - An enclosed, climate and sound controlled
structure that uses computer-aided design (CAD) or computer numerical control
(CNC) devices in order to transform raw metal by using processes, including but
not limited to, plasma and laser cutting, coating, forging, forming, bending,
engraving and machining.
r
Staff is recommending inclusion of the new "Custom metal fabrication facility" land use in the
following zoning districts:
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I Staff Report 13ZA-03
R
C
Retail
Commercial
u- Light Industrial
HI - Heavy Industrial
PD - Planned Development
P = Permitted land use within zoning district S = Requires a Specific Use Permit CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN
The Land Use & Community Character Element of the Comprehensive Plan states the following:
LU-1. REVISE THE FUTURE LAND USE MAP
Updating the Future Land Use l'v1ap is among the City's highest priorities. An updated
map-the last map was prepared in J988-will provide a guide for future growth and
development on the Island, ..
.. The Future Land Use Map is intended to provide long-term guidance for the next 20
years and beyond. The map will cover all areas within the City of Galveston's
jurisdiction and designate the location, type and intensity of future residential,
commercial, industrial and institutional development. Galveston Island has numerous
natural features and established development patterns of existing residential
neighborhoods as well as commercial and industrial corridors. The overall goals ofthe
Comp Plan should be taken into account in creating the Future Land Use Map. The map,
or the accompanying text, should be sufficiently detailed to provide guidance for re
zonings and development decisions ..
.. The Future Land Use Plan should focus on compatible land uses to the existing built
environment and consider the sensitive environmental areas of the Island. Additionally,
the recent Comprehensive Housing Market Study and the adopted Comp Plan policies for
future growth and development should be referenced in the development of the Future
Land Use Map.
LU-3.10 Consider Zoning Changes in Areas Where Development Standards do not Match the
Existing or Intended Character ofthe Neighborhood
To enact guidelines for more compatible infill, and to preclude commercial intrusions
into established neighborhoods, it may be necessary to change underlying zoning
designations. In many cases, neighborhoods that remain Single-family in orientation
nevertheless permit multi-family or commercial development, as well as development out
ofscale with surrounding patterns.
The proposed new land use will enable the Zoning Standards to become better adaptive to new
land uses that evolve as a result of technological advances. Custom metal fabrication shops are
typically employed by original equipment manufacturers (OEMs) for replacement of original
IStaff Report 13ZA-03 Page 31
manufactured parts and value-added resellers (VARs), an integral component of the electronics industry. Consideration for Text Amendments (Section 15.802) Purposes: Text amendment proposals shall serve the following purposes: 1. Advancing the goals, objectives and policies of the City's Comprehensive Plan and other
adopted special-area and special-topic plans;
2. Securing adequate light, air, convenience of access, and safety from fire, flood and other
danger;
3. Lessening or avoiding congestion in public ways;
4. Promoting the public health, safety, comfort, morals, convenience and general welfare; and
5. Otherwise accomplishing the purposes of Texas Local Government Code Chapter 211,
Municipal Zoning Authority.
f
Considerations: In preparation and considering proposals for text amendments, the Planning
Commission and Gity Council shall pay reasonable regard to:
1. The Comprehensive Plan and related plans;
2. Current conditions and the character of current uses and structures in each district;
3. The most desirable use for which the land in each district is adapted;
4. The conservation of property values throughout the jurisdiction; and
5. Responsible development and growth.
STAFF RECOMMENDATION: Staff recommends approval of the request as described in the Analysis Section of staff report 13ZA-03. City Council has the final decision regarding this zoning amendment request. The council will hear this request on July 11,2013. ATTACHMENTS
"A" Proposed changes
r Planner
S:\Planning\Planning Division\PC\Staff Reports\13pc\zA Cases\13ZA-03\13ZA-03 STFdoc
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Page 4[
Attachment A
Section 29-51: USE REGULATION DEFINITIONS
Cultural Resources - Those resources which possess qualities of significance in American, Texan,
or Galveston history, architecture, archaeology, and culture present in districts, sites, structures, and
objects that possess integrity of location, design, setting, materials, workmanship, congruency and
association.
Custom metal fabrication facility - An enclosed, climate and sound controlled structure that uses
computer-aided design (CAD) or computer munerical control (CNC) devices in order to transform
raw metal by using processes, including but not limited to, plasma and laser cutting, coating,
forging, forming, bending, engraving and machining.
Day Nursery or Kindergarten School - An establishment licensed by the State of Texas, where
six (6) or more children are left for care or training during the day, or portion thereof.
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LAND USE MATRICES
Non-Residential Zoning Districts
P Pennitted land use within zoning district
S == Requires a Specific Use Pennit
Blank:= Land use not pennitted within zoning district
Overlay Zoning Districts
P -= Pennitted land use within zoning district
S Requires a Specific Use Pennit
Blank == Land use not pennitted within zoning district
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IStaff Report 13P-51 Page 11 13P-51 (10811 San

Transcription

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