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2011-08-04 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, AUGUST 4, 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 6:03 p.m. with the following in attendance: Chairperson Dale Pillow Board Member David Torok Board Member Willard Briley Board Member David Smith Also in attendance were: Planner I Ian Clowes, and Deputy City Attorney Nghiem Doan. Planner I Ian Clowes explained the hearing process for the attending public. APPROVAL OF MINUTES Board Member Willard Briley made the motion to approve the minutes of the July 7, 2011 ZBA Regular Meeting, and Board Member David Torok seconded the motion. The vote was 4-0. The minutes of July 7, 2011 were approved. NEW BUSINESS Chairperson Dale Pillow opened a public hearing for ZBA Application No. 2011-10 at 6:05 p.m. ZBA APPLICATION NO. 2011-10 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) ZBA Minutes Page 1 of 3 08/04/11 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. The parking ratio for a multi-tenant space is one parking space per 200 square feet of gross floor area and equates to a total of 450 parking spaces required for this specific site. With the playground in place, the total amount of parking would be reduced to 319 spaces. This would be a 31% reduction. The facility appears to have been build for more industrial uses and warehouse or office warehouse space and has been converted over the years. Ms. Michele Green of 809 Robin Ridge Lane, Friendswood, Texas, applicant, spoke stating the use has changed from a Family Entertainment Center by offering childcare services. This change resulted in the requirement, by the Texas Department of Family and Protective Services, to offer outdoor play time. Mr. Tommy Watts, owner also spoke and handed out paperwork showing a chart with parking Ms. Michele Disney of 12512 Stoney Creek Drive, Pearland, Texas spoke in favor of the special exception, and stated her child attends the day care facility. Dr. Tom Hysler of 13105 Imperial Shore Drive, Pearland, Texas spoke in favor of the special exception, spoke on the awareness of childhood obesity, and stated his child attended the day care facility. Owner Michele Green stated that if and when the daycare business moves out, they intend to take their playground facility with them. Chairperson Dale Pillow asked Deputy City Attorney if the applicant is intending to take their .ank, equipment upon vacating, could a condition or restriction be placed on this business. Deputy City Attorney Nghiem Doan stated the Board could place a limit or restriction on the daycare use for this location. Much discussion ensued on placing a restriction to the entire site, the business or the use. Discussion was between the Board and Staff. Board Member David Smith asked if other daycares within the warehouse are required to have a playground area. Ms. Michele Green stated no, as the others are afterschool care, and they are an actual daycare. Board Member Dale Pillow adjourned the public hearing for ZBA Application No. 2011-10 at 6:26 p.m. Board Member Willard Briley made the motion to approve, and Board Member David Torok seconded with the condition that the special exception would expire when Jumping Jungle vacates the premises. The vote was 4-0. ZBA Application No. 2011-10 was approved with the condition that the special exception would expire when Jumping Jungle vacates the premises. ADJOURNMENT ZBA Minutes Page 2 of 3 08/04/11 Chairperson Dale Pillow adjourned the public hearing at 6:26 p.m. AN- These minutes respectfully submitted by: a, - , , OA_ JudyKr a, Pia,/�ing office C•i.rdinator Minutes approved as submitted and/or corrected on this 1St day of September, 2011 A.D. 6L6).4, _Dale Pillow, Chairperson ZBA Minutes Page 3 of 3 08/04/11