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She believed that there was no active conditional use permit to allow an elementary school and requested confirmation of that assumption. Ms. Decker confirmed that was correct and that the conditional use permit expired in 1978. No active use permit for the elementary school exists. In response to an inquiry by Chairperson Fox regarding whether the bioswale could be walked upon or whether a person would have to go down to the entrance to safely enter the site, Mr. Grubstick replied that during wet weather, a bioswale typically became soggy and would not be amenable to having people walk across it. During dry weather, it would be easier to traverse by foot. Ms. Decker added that in this particular design, the landscaping was designed so that it was fairly heavily vegetated with shrubs and trees along the streetscape, with the retaining wall and bioswale. She noted that with the exception of agile children, it would not be a suitable pedestrian pathway. Chairperson Fox noted that the use permit for the preschool was for 99 children and that the house, now Early Years Children’s Center, at 1251 Hopyard Road had a conditional use permit for 100 children at one time, which was a surprise to her. She inquired whether staff preferred the 122 configuration or the 98 configuration. Ms. Decker replied that staff had no preference as to the parking configuration in relation to The Early Years Children’s Center since it was not germane to the consideration of this particular project. She noted that any nonconformity would have been brought to staff’s attention, and Code Enforcement actions would have begun. She noted that with respect to maximizing the site, the Church considered this to be the final expansion of the site and would not return to build more. Chairperson Fox disclosed that she met with Pastor Beard regarding this proposal. Commissioner O’Connor disclosed that he met with Pastor Beard some time ago regarding the original proposal. Commissioner Olson noted that he met with the applicant Pastor Beard, in 2006. THE PUBLIC HEARING WAS OPENED. Pastor Beard, applicant, described the background of this proposal and the Master Plan. He noted that the creation of the Master Plan was helpful for visioning and added that most churches do that now. He noted that the Church had a vision not only for the property but for the whole of ministry, both in reaching out with the Gospel and in touching all aspects of the community. He noted that he considered the Sonshine Enrichment Center Preschool to be a beacon of hope for many of the community’s families for the past 20 years, graduating approximately 4,000 preschoolers. He added that some of those graduates had returned to work at the preschool. He noted that they were anxious to begin the project and had worked closely with Tim Mattheis, the project architect, for the past ten years. He noted that they would like to provide as much parking as possible on the site, which would call for the reinstatement of the 20-plus parking spaces that were temporarily moved off of Del Valle Parkway. They believed PLANNING COMMISSION MINUTES January 24, 2007 Page 13 of 24