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2011-08-04 ZONING BOARD OF ADJUSTMENT MEETING AGENDAAGENDA REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, TO BE HELD August 4, 2011, AT 6:00 P.M., CITY HALL COUNCIL CHAMBERS, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL REGULAR MEETING TO ORDER II. APPROVAL OF MINUTES - July 7, 2011 III. NEW BUSINESS A. ZBA APPLICATION NO. 2011-10 1. CALL PUBLIC HEARING TO ORDER 2. PURPOSE OF HEARING: Request of Michele Green, applicant and Tommy Watts, owner, for a Special Exception allowed in Section 2.7.3.7 (b), of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of the required number of parking spaces on the following described property: Subdivision of 17.9147 Acres of Land in Section 85 of the H.T.& B.RR Co. Survey Abstract No. 304 in the City of Pearland , Brazoria County, Texas. (2849 Miller Ranch Rd., Pearland, TX) 3. STAFF REPORT 4. APPLICANT PRESENTATION 5. PERSONS WISHING TO SPEAK FOR OR AGAINST THE PROPOSED REQUEST 6. STAFF / BOARD / APPLICANT DISCUSSION 7. ADJOURNMENT OF PUBLIC HEARING 8. CONSIDERATION AND POSSIBLE ACTION Page 1 of 2 ZBA 08-04-2011 IV. ADJOURNMENT This site is accessible to disabled individuals. For special assistance, please call Young Lorfing, City Secretary, at (281) 652-1655, prior to the meeting so that appropriate arrangements can be made. Posted in accordance with the Texas Open Meetings Act, on the 29th day of July 2011, A.D. at 5:30 p.m., by Judy Krajca, Planning Office Coordinator lan Clowes, Planner I Removed on the day of , 2011. Page 2 of 2 ZBA 08-04-2011 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, JULY 7, 2011, AT 6:00 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS CALL TO ORDER Chairperson Dale Pillow called the meeting to order at 6:26 p.m. with the following in attendance: Chairperson Dale Pillow Board Member David Torok Board Member Don Glenn Alternate Board Member Jerry Acosta Also in attendance were: Planner I Ian Clowes, Deputy City Attorney Nghiem Doan, Planning Director Lata Krishnarao, and Planning Office Coordinator Judy Krajca. Planner I lan Clowes explained the hearing process for the attending public. APPROVAL OF MINUTES Board Member Don Glenn made the motion to approve the minutes of the May 5, 2011 ZBA Regular Meeting, and Board Member David Torok seconded the motion. The vote was 4-0. The minutes of May 5, 2011 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-09 at 6:27 p.m. ZBA APPLICATION NO. 2011-09 Request of Michele Green, applicant and Tommy Watts, owner, for a Variance from Section 4.2.1.2, of the Unified Development Code, Ordinance No. 2000-T, to allow for the reduction of the required number of parking spaces on the following described property: Subdivision of 17.9147 Acres of Land in Section 85 of the H.T.& B.RR Co. Survey Abstract No. 304 in the City of Pearland , Brazoria County, Texas. (2849 Miller Ranch Rd., Pearland, TX) ZBA Minutes Page 1 of 3 07/07/11 Planner I Ian Clowes read the staff report stating the applicant is seeking a reduction in the required parking for the existing multi -tenant facility that is currently on site. Mr. John Martin of 1001 Highridge, Friendswood, Texas, and Ms. Michele Green of 809 Robin Ridge Lane, Friendswood, Texas, applicants, spoke stating their use from a Family Entertainment Center changed by offering childcare services. This change resulted in the requirement, by the Texas Department of Family and Protective Services, to offer outdoor play time. The proposed play area would take up nine (9) existing parking spaces. At this time, the facility does not meet the required parking. Board Member David Torok asked if this meets the unusual threshold of undue hardship. Deputy City Attorney Nghiem Doan stated that staff was in the process of reviewing the parking ratio in hope to reduce the requirement in the near future. Planning Director Lata Krishnarao stated that for mixed-use, staff was looking at it, but changes were meant more for the big box type business. Ms. Krishnarao added that the building might have been designed for manufacturing types of business and required less parking. Board Member Don Glenn asked how staff would handle this situation in the future. Planning Director Lata Krishnarao stated that staff will begin with a multi -use ratio and explain the issue of whether to go with manufacturing or warehouse ratio. Alternate Board Member Jerry Acosta inquired what was the property classified as when it was built. Planner I Ian Clowes stated that staff was unsure, but the Brazoria County Appraisal District had it as Industrial Flex Space. Chairperson Dale Pillow expressed concern with the 30% drop in the parking ratio, and the use. Chairperson Pillow inquired if a special exception could be done instead of a variance. Board Member Don Glenn stated he was okay with this variance now, but concerned if the use changed. Deputy City Attorney Nghiem Doan stated the variance would be attached to the use and not the site. Alternate Board Member Jerry Acosta inquired that without a site plan, could the parking be added. Planner I lan Clowes stated the possibly, but not what was being required. Applicant Mr. John Martin presented the site plan to the Board. Much discussion ensued over the site plan and the parking. Board Member Dale Pillow adjourned the public hearing for ZBA Application No. 2011-09 at 6:53 p.m. Board Member David Torok made the motion to approve, and Alternate Board Member Jerry Acosta seconded. ZBA Minutes Page 2 of 3 07/07111 The vote was 1-3. ZBA Application No. 2011-09 failed. ADJOURNMENT Chairperson Dale Pillow adjourned the public hearing at 6:54 p.m. These minutes respectfully submitted by: Judy Krajca, Planning Office Coordinator Minutes approved as submitted and/or corrected on this 4th day of August, 2011 A.D. Dale Pillow, Chairperson ZBA Minutes Page 3 of 3 07/07/11