10811 San Luis Pass Roadlfm 3005

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

E XlstlDe;.. Zo'mne; andLandUse: Zoning Planned Development, Height and Density Development Zone. Zone 6 (PD HDDZ-6) I Lall~ Use Beach

~1 .. '7nninl7 and Land Use: North South East West Zoning Commercial, Planned Planned Resort, Height Height and Development, Development, and Density Density Height and Height and Development Development Density Density Zone, Zone 6 Zone, Zone 6 (C- Development Development (RES-HDDZ-6) HDDZ-6) Zone, Zone 6 Zone, Zone 6 (PD-HDDZ-6) (PD-HDDZ-6) Land Use Vacanti Gulf ofMexico Vacant RV Park Commercial

City Department Notifications: Public Utility Notifications: Airport: Pending AT&T: Pending Building Department: Pending CenterPoint Energy: Pending Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: Pending

Other Notifications: Texas General Land Office: Pending

Size of Site: Beach Area: - Approximately 410 linear feet ofBeach Area

Physical Characteristics: This area is defined by the University of Texas at Austin, Bureau of Economic Geology, as having an erosion rate of -9.7 feet per year. The subject site is the beach to the south of the Seascape Condominiums. The proposed beach maintenance for this development will lie within the area from mean low tide to 200-feet landward of the mean low water line, and therefore, requires Planning Commission review.

ANALYSIS Section 29-90: Coastal Development (i) - Beachfront Construction & Dune Protection Pennit 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 ofdebris 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. 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: I (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. I 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. t (3) The activity will not result in significant changes to dune hydrology. I (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, r I t 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 t 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 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, I 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 I reduction of the public beach easement. e. The proposed beach maintenance activity must not restrict or interfere with public use of the I beach at normal high tides. f. The Park Board must mitigate for the disturbance of dunes or dune vegetation. I g. The City of Galveston staff should ensure that a person who is trained to monitor for the presence ofturtles is on-site when the proposed beach maintenance activities are conducted. I 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; i i 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; I 5. The applicant must notify Planning staff when heavy equipment will be used for beach maintenance activities; r f I 1 1 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 ofthe 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 I 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 IStaff Report 13P-53 Page 11 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 ofGalveston, 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 i Management Co, Inc. c/o Peggy Rapp ! E xlstIng.. Zo'nmgandLandUse: I• [fZ:ing Planned Development (PD) and Beach (B) Land Use Beach

Surround'109 Zo'nm l! andLandUse: North South East West Zoning Planned Water (W) Planned Planned f Development Development Development (PD) (PD) and (PD) and Beach (B) Beach (B) I ~ Land Use Residential GulfofMexico Vacant/Beach VacantlBeach I City Department Notifications: Public Utility Notifications: If Airport: Pending AT&T: Pending ! Building Department: Pending CenterPoint Energy: Pending i Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: Pending

Other Notifications: Texas General Land Office: No Objection with Comments: See Conditions ofthis report.

Size ofSite: Beach Area: ~ Approximately 3,050 linear feet ofBeach Area

Physical Characteristics: This area is defined by the University of Texas at Austin, Bureau of Economic Geology, as having I 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. I The proposed beach maintenance on this property will lie within 200-feet from the line of I vegetation (mean low water line) and seaward to the mean low tide line, of the critical dune area, [ I and therefore, this request requires Planning Commission review. I t I IStaff Report 13P-53 Page 21 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 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 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 I adverse effects. No mitigation plan will be required. I 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 ofdebris and seaweed. The beach maintenance activities will be located on the beach from the mean low tide line to 200 I feet landward ofthe 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 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 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. IStaff Report 13P-53 Page 31 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 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 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:

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; I 5. The applicant must notify Planning staff when heavy equipment will be used for beach maintenance activities; IStaff Report 13P-53 Page 41 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 ofthe 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 P Planning Department

DATE: May 21,2013

RE: 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 ofPlanning

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 ofJuly 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 IStaff Report 13P-54 Page 11 13P-54 (910 38th 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 Z omngan . dLandUse: Zoning General Residence (GR) Land Use ne

Surround'mg Zo'mngandLandUse: North South East West Zoning General Commercial, Commercial (C) Commercial (C) Residence (GR) Broadway I Overlay Zone, Zone 3 (C-BOZ-3) Land Use Residential Restaurant Storage Commercial

Property Owner Notification as of June 5, 2013: Sent Returned In Favor In Opposition No Comment 28 Advertisement Date: May 24, 2013 J City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending I Building Department: Pending CenterPoint Energy: Pending Fire Chief: Pending Comcast Pending I Fire Marshal: Pending Texas Gas Service Pending Police Department: Pending Public Works: Pending I ANALYSIS The subject site addressed 910 38 th Street is an approximate 5,500 square-foot flag shaped lot that I fronts 38th Street and has additional fronting onto Sealy/A venue I as shown on Attachments "A" and "B". The lot is currently improved with a single structure with surface parking in the rear, I accessed from Sealy/Ave I. The existing structure, originally constructed as a single family f residence, has bee'1 modified to support commercial use. The applicant proposes to rezone the f property from General Residence (GR) to Commercial (C).

Interpretation ofUse 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. I 1 Staff Report 13P-54 Page 21 1 Compatibility with surrounding land use and zoning: The subject property is surrounded by properties zoned Commercial (C) to the west, south and I 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 ofresidential zoning lies t to the north ofthe subject site, across Sealy/Avenue L The property to the west, across Avenue 38th 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. I

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 I~ Throughout Galveston, the edges oj commercial districts along major traffic corridors often disrupt and destabilize adjacent neighborhoods, particularly where commercial I 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 I 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, I, signage, noise; and lighting into established residential neighborhoods. Rezoning oj f 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 I buffering, lighting, and commercial sign age. I 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 ,I into established neighborhoods, it may be necessary to change underlYing zoning l designations. In many cases, neighborhoods that remain single-Jamily in orientation nevertheless permit multi-Jamily or commercial development, as well as development out I ojscale with surrounding patterns. I The Zoning Standards currently requires all lighting associated with the restaurant development to I ~ conform with Section 29-106(c) Regulation of Outdoor Lighting. Additionally, Section 27-67(g) I requires the installation of landscape screening as mitigation for commercial property adjacent to residential. \ t t IStaff Report 13P-54 Page31 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. f STAFF RECOMMENDATION f i Staff recommends the request for a Change of Zoning from General Residence (GR) to f 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

City Council has the final decision regarding this zoning change request. The council will hear this request on July 11,2013.

Respectfully Submitted, t ~ I~ t Rick Vasquez, Director i ! S:\Planning\Planning Divisicn\PC\StaffReports\13pc\13P-54\13P-54 STF.doc I I. rI: 1 I ! ! t 1 Q IStaff Report 13P-64 Page II

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 ofGalveston, 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.

E xlstin2., Z on102 ' andLandUse: Zoning C-GDZ-I-HDDZ-l District, Gateway Development Zone-I, Height and Density Development Zone-l il Land Use CommerciallRetaiWacant

surroun d' 102 Zo'nlO~ andLandUse: North South East West Zoning Light Industrial Recreation and Commercial Commercial Zone-Gateway One Family One Broadway Height and Development Overlay-4 Density (REC and I-FI) Zone-] Development (C-BOZ-4) Zone (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 I 48 0 0 0 0 Advertisement Date: May 24,2013 I City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending I~, Building Department: Pending CenterPoint Energy: Pending Fire Chief: Pending Comcast Pending Fire Marshal: Pending Texas Gas Service Pending Police Department: Pending f Public Works: Pending i f I Q IStaff Report 13P-64 Page 21 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 RECOMMENDATION 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.

Respectfully Submitted,

~c~.e~Dir~tor Date S:\Planning\Planning Division\Pc\StaffReports\13pc\13P-54\13p-54 STF.doc 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 omn2an ' dLandUse: Zoning Planned Development (PD) Land Use One Family Dwelling, Attached

Surround' 1D2 Z omn2an ' dLandUse: North South East West Zoning Water(W) Beach (B) Planned Planned Development Development (PD) (PD) f. Land Use Galveston Bay Kahala Beach Vacanti Vacant and Vacant Land Residential

Pronertv Owner l' otification as of June 4, 2013: Sent Returned In Favor Opposed No Comment 15

Advertisement Date: May 24, 2013

City Department Notifications: Airport: Pending Building Department: Pending Fire Chief: Pending Fire Marshal: Pending Police Department: Pending Public Works Department: Pending Private Utility Notifications: AT&T: Pending t CenterPoint: Pending Southwestern Bell: Pending Texas Gas Service: Pending Time Wamer Communication: Pending ! t Site Details: I tI The proposed development will encompass Section 2 Replat (2002), and all of Sections 1 and 3 I of Silverleafs Seaside Resort Subdivision. The total size of the development is 69.4 acres, I I excluding protected wetlands, beaches, and dunes. Please note, Staffs detennination of the

I ! f I t IStaff Report 13P-55 Page21 f I excluded areas of protected wetlands, beaches and dunes is consistent with the applicant's i information. I 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 ofthe 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 oflots 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 ofthe 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 ofunits 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. IStaff Report 13P-55 Page 31 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. \f t Proposed Building Types ! The total development will consist of thirty-six (36), three story buildings on the north side of t FM 3005 and one (1) four story building on the south side of FM 3005. Each building will have r 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.

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 ofeach 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) I 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 i each set ofconstruction 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 ofwhich 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. 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 ofthe 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 ofa building permit. t f f IStaff Report 13P-SS PageSI t The applicant has met with both the Texas General Land Office, and City staff regarding the f 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 f 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) I 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 I 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 ofthe 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. 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 103rd 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 - f 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, I 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.

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 RECOMMENDATION

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 of13P-55: I 1. The applicant shall adhere to all conditions from the Public Works Department; Andper conditions of07P-42 and 13P-55: I 2. The applicant shall modify the existing dune walkover or construct a separate ADA public I walkover must be constructed within two (2) years from the Planning Commission approval date; I 3. The applicant shall comply will all regulations set forth in Section 29-90: Development, I Preservation and Protection of Sand Dunes, of the Galveston Zoning Standards; t 4. The applicant shall provide 20-foot wide streets; ( 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 I 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 J TxDOT approved traffic related improvements at the entrance(s) to the development; 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.!, IStaff Report 13P-55 Page 71 of the 2001 Comprehensive Plan. In addition to the required open space, in order to maintain the proposed density of470 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 Jt 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; I 9. Prior to the issuance of any building permits, the applicant shall apply for and shall be f approved for an administrative replat for the subject tract of property south of FM 3005, and I be consistent with the approved General Land Use Plan (07P-42) dated April 3, 2007 and j (l3P-55), in accordance with the City of Galveston Subdivision Regulations; t 10. The applicant shall obtain a specific use permit from City Council, for any/all excavation, if f necessary; 1 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; 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 i additional review; and, l ~ 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 i 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. I Attachments "A" - Aerial Zoning Map It "B" Applicant's Narrative "C" - Case 07P-42, Staff Report and Attachments "D" Color Rendering, Site Plan, Lighting Plan, Landscaping Plan, Site Cross Section Drawings for the property on the south side ofFM 3005 "E" - Survey i I 5/.:I.J /13 f ibby Ston , Urban Planner Date

(lc;2;-: ~d3 Date

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t i IStaff Report 13P-52 Page 11 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 ofGalveston, Texas. I Applicant: Shy Leger t Property Owner: Jacque Passino

NS-Neighborhood Service Cafe

Surroun d'109 Z onmg . andLandUse: North South East West Zoning GR-NCD-I GR-NCD-I GR-NCD-I GR-NCD-I

Land Use Commercial Commercial Commercial Commercial

Property Owner Notification as of February 19,2013: Sent Returned In Favor In Opposition No Comment

27 i

Advertisement Date:

City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending Building Department: Pending Center Point Energy: Pending Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: Pending

ANALYSIS I t The applicant is requesting a permanent License to Use for the installation ofa dumpster.

Impact on PubliclPrivate Utilities and Services There will be no adverse effect on the public and private utilities and services at this location.

CONFORMANCE WITH THE 2011 COMPREHENSIVE PLAN NA I STAFF RECOMMENDATION I IStaff Report 13P-52 Page 21 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; f 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; I 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; 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.

\ IStaff Report 13P-52 Page 3 I 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 IStaff Report 13P-57 Page 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 ofGalveston, Texas, Applicant: Michael Gaertner Architects Property Owner: Jungle Surf Partners, LP

E'fXIS mg Z'omngan dLandUse:

Zoning \ Resort District, Seawall Development Zone 4, Height and Density I . Development Zone 5 (RES-SDZ-4-HDDZ-5) Land Use Amusement, Commercial (Outdoor) - not in operation surroun d'mg Z onmg . an dLandUse: North South East West Zoning Planned Resort District, Recreation Planned Development Seawall District, Seawall Development (PD) Development Development District, Seawall Zone 4, Height Zone 4, Height Development and Density and Density Zone 4, Height Development Development and Density Zone 5 Zone 5 (PD Development (RES-SDZ-4 SDZ-4-HDDZ Zone 5 HDDZ-5) 5) (PD-SDZ-4 HDDZ-5) Land Use Municipal Ocean Grove Vacant (former Maravilla , Airport Condominiums Sea-Arama site) Condominiums, and Vacant Property Owner Notification as ofJune 4,2013: I f Sent Returned In Favor In Opposition No Comment i 231 Advertisement Date: May 24, 2013 \, City Department Notifications: Private Utility Notifications: i Airport: Pending AT&T: Pending f Building Department: Pending Center Point Energy: Pending , Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending t Police Department: Pending Public Works Department: P~nding I !r 1Staff Report 13P-57 Page 21 I ! I t Backgrouud ! t 2002, October City Council adopted amendments to the Galveston Zoning i Standards to include a definition for a "Resort" as a new and 1 unlisted permitted land use and to create Section 29-104: Resort Regulations. I 2005, April A Specific Use Permit was approved by City Council for i development of an "Amusement, Commercial (Outdoor)" and f "Amusement, Commercial (Indoor)" land use for the operation of a recreational water slide park (05P-89).

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). I 2005, September Planning Commission recommended approval of a Specific Use i 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. IStaff Report 13P-57 Page31 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. IStaff Report 13P-57 Page 4 i Any traffic improvements on Stewart Road or Seawall Boulevard required by the City of Galveston shall be the responsibility ofthe 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 I 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: I Land Use Trips Generated Units Estimated Trips "Indoor/Outdoor Commercial Amusement" 75.76 per Acre 8.4 acres 636 I Maravilla Condos 4.18 per Unit 164 units 686 Ocean Grove Condos 4.18 per Unit 54 units 226 I Island Cinema Theater 78.06 per 1,000 sq. ft. 30,000 sq. ft. 2,342 i 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 I slide park and 868 by the resort); which is higher than what staff estimates for the new development configuration. I t t Parking Requirements and Parking Facilities t 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. 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, ofthe 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. IStaff Report 13P-57 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 IStaff Report 13P-57 Page 71 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 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 1 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. I I 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 I 29-102: Seawall Development Zone; I 6. The development shall conform to the standards and guidelines of the staff report l3P-57 f dated June 4, 2013 including attachments. Any substantial change in development I 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 f that the design and placement presented are conceptual and may be altered; 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 I 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, IStaff Report 13P-57 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 IStaff 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

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City Department Notifications: Private Utility Notifications: Airport: Pending A.T&T: Pending Building: Pending CenterPoint Energy: Pending Fire Chief: Pending Comcast Communications: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works: 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, f. shapers, and other wood- and metal-working machines are used such as blacksmith, f tinsmith, welding, and sheet metal shops and boiler shops, that produce metal duct work, ,f tanks, toWe-TS, cabinets and enclosures, metal doors and gates, and similar products. (Ord 05-038)

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 r 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.

Staff is recommending inclusion of the new "Custom metal fabrication facility" land use in the following zoning districts: I i IStaff Report 13ZA-03 Page 21

R Retail HI - Heavy Industrial C Commercial PD - Planned Development u- Light Industrial

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 IStaffReport 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, f Municipal Zoning Authority.

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 ofcurrent uses and structures in each district; 3. The most desirable use for which the land in each district is adapted; 4. The conservation ofproperty 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

Respectfully Submitted,

r Planner

S:\Planning\Planning Division\PC\Staff Reports\13pc\zA Cases\13ZA-03\13ZA-03 STFdoc I t t IStaff Report 13ZA-03 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. I I I

I 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