Post on 21-Sep-2020
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ZONING BOARD OF ADJUSTMENT SPECIAL CALL MEETING MINUTES
Monday, February 24, 2020 Members Present: Ed Freiberg …………………………………….......................................................................................Chairman Tiffany Bell ..................................................................................................................... Vice Chairman Isaac T. Henry III…….….…………………………………………………………….…………………………………………..Member Linn Cardner…….….…………………………………………………………….………………………………………………. Member J. David Derosier …………………………………………………………………………..……………………………………. Member Members Absent: None Council Members Present: Larry Spears, Jr. Terrie Salter Staff Present: Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary Jay Trahan, Assistant City Manager/Director of Economic Development
Chairman Freiberg called the meeting to order at 5:30 p.m. CITIZEN COMMENTS Chairman Freiberg asked for any comments. None were made. REGULAR BUSINESS ‐ MEETING MINUTES Chairman Freiberg asked for motion to approve the December 17, 2019 meeting minutes
Member Henry motioned Vice Chair Bell 2nd
Vote: 5 ‐ 0 Motion Carries
PUBLIC HEARING
a. Case No. 20:01. Conduct a public hearing on a request by Pamela T. Thomas for a
special exception to operate a public arcade room at Lot 60 X 125’ of O/L‐21 Sheldon
Addition also known as 1607 14th Street
Chairman Freiberg opened the public hearing at 5:32 p.m.
Mr. Knauf stated Ms. Thomas has submitted an application for a special exception to operate an arcade at 1607 14th Street. This property is zoned C‐S Commercial Special and under the zoning ordinance, an arcade is allowed only by special exception in the C‐S zoning district. So that’s why
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she is appearing before you. She came before you in December of 2018 and at that time there some concerns that the board had and at that time, it was denied for the special exception. Now, she has requested reconsideration. Pamela Thomas – 704 Westbury, Orange, TX: Ms. Thomas stated first I would like to read an opening statement. Studies have found video games can improve learning. Both medical and military training programs both use simulation‐style games to teach tools and strategy. Many video games teach kids how to delegate, work as a team and prioritize. Video games have been shown to help us improve our ability to reason and solve problems. They help us make split‐second decisions, process information more quickly, and multitask effectively. Games can also improve hand‐eye coordination and boost auditory perception. The Federation of American Scientists argues that kids need to play more video games in order to be competitive in the current job market. They report that they help each higher‐order thinking skills like problem solving, interpretive analysis and more. In the City of Orange, we do not have a lot for students to do especially during the summertime and this type of establishment will offer a positive alternative possibly preventing teens from engaging in mischievous acts. I ask that you approve of this safe and controlled establishment, so that gamers will be able to experience something new, exciting and entertaining in our City of Orange. So, I am coming before the committee because I would like to open an audio/video game for kids which consists of X‐Box, PlayStations, Nintendo and things like that. Also, the facility would allow free internet for kids in the community during afterschool hours who need internet to help complete their homework or whatever. Security wise, I am a State Trooper for the State of Texas and when I am off, I will be monitoring the facility and even when I am on duty, I will still pass within the neighborhood to keep the area safe. Also, I think this program will be beneficial to our kids because a lot of kids are less fortunate, and it won’t be an extreme expense for them to go and play and it will provide a good family environment. Chairman Freiberg stated this building right now is being used is it not to do balloons or slides. Ms. Thomas stated yes, I currently own bounce houses and water slides which is stored in the facility. There is running water and plumbing at the facility already. Last time I came before the board, there wasn’t running water and there wasn’t a restroom facility, but I have taken care of all of it and got it working and up to par. Chairman Freiberg stated the balloons that are stored in there. Ms. Thomas stated the bounce houses when I am doing the construction and stuff, I am going to make a storage area just for that particular purpose just for the balloons and bounce houses. Chairman Freiberg stated so it’s not going to be an outbuilding to store them. Ms. Thomas stated no sir. Chairman Freiberg stated so it’s going to be sectioned off in there away from this. Ms. Thomas stated yes sir. Austin Mellon – 2404 Thunderbird, Orange, TX: Mr. Mellon stated I just want to speak for Pam personally. I don’t know about video games. I know that in doing business here in Orange and everywhere, coming out of college, it is very rare to meet people that do what they say they are going to do and that has been them one hundred percent. In two years, they have never missed a payment. They have actually closed on a property six months early. I think just what they have done with the building just since we were here last talking about this speaks volumes. Their dedication to it, not just financially but the sweat equity they have put into it. I think given the opportunity, if you just look at what they’ve done up to this point, you can’t deny that they don’t very much take it seriously and take care of it to the best of their ability. Also, just what it is speaks volumes. They are not trying to get rich. They are not putting slot machines or whatever else is going on, in there. They want to do something for kids. There really isn’t anything for kids
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especially kids who can’t afford an X‐Box or a PlayStation or don’t have a parent at home to bring them to Beaumont to do something because Orange, you’re going to have to go to Beaumont for anything like that. Orange Early Learning when I was a kid, you used to be able to play basketball during the day. The community center on 20th you could go play ping pong or pool. There was an adult there, you could do that during the day. Both of those are gone. Salvation Army does do Boys and Girls Club during the summer but it’s only from like 8:30 to 5:00, something like that. Member Bell stated 7:45 to 5:30. Mr. Mellon stated so nothing on the weekends though. So, you have still got an immense gap of time that kids could be getting in trouble. I think this is something that is a very positive social thing. Given the opportunity, I think they would very much make a decent go of it. Larry Spears, Jr. – 2101 Yupon, Orange, TX: Mayor Spears stated I thank you for the opportunity to come and address the Board of Adjustments today. The Board of Adjustments is actually where I got my feet wet here in the City and so I appreciate what you all are doing. I’m here today to speak up for the Thomas family. I was very sad when I saw that it didn’t pass last time because I didn’t know about it until afterwards or else, I would have been here for that previous meeting. The dynamics of Orange are changing every day. The dynamics of Orange are increasing every day. Right now, we are about to hopefully bring in a facility that will encourage several thousand more people to frequent our city the we have had in a long time. With that, one of the things that we have to provide are opportunities for people to have something to do. A facility like this that is within walking distance of neighborhoods that we consider to be, some would say low income. They can’t afford to hop in the car or whose parents are too busy working for them to get a ride somewhere. This is now within walking distance and a chance for them to get out of the house and enjoy themselves. The city is currently working on several other projects that will give children an opportunity to have a good time such as our rec center which we’ve already approved and so that will be on the radar here very soon. So, we need to have options and when we have options, you give kids the chance to stay off the streets. The biggest push that I had for the rec center is this. If me and Mr. Mellon here, decide that we want to go rob the liquor store and we go to Pam and say Pam go with us. Pam says I’m going to the arcade. You all should come with me and play the X‐Box. Now three lives, three families, three generations of people have been changed because they didn’t get thirty years in prison because you didn’t take away someone’s son, because you didn’t mess up someone’s family but before we didn’t have that. So, I feel like, once we decide we are going to allow God to push this city forward for this family forward and to have an idea to do what they’ve done with it, I would hope that we would give them a chance by making this exception and letting them try and see what God has in store for their property and for the Thomas family. So, that’s my two cents and I appreciate your time. Shari Spradling – 2200 MacArthur Dr #4, Orange, TX: (statement entered into record) Ms. Spradling stated I own a home at 1604 Carter Street. My family bought it, my parents, in 1950. They recently passed. While my parents and family on that street over the past eight years had diminished capacity and health problems, there was five of us that were quite proactive to be some kick butt neighborhood watch. I would like to read this first. As property owners on Carter Street, we would like to show our support for the future business at Link Street and 14th Street that Ms. Thomas has plans on developing. Her improvements since taking over the property has added to the entire city block. It was also noticeable that the nefarious activity stopped when improvements began. My name and phone number are listed here. Also, Ms. Bernice Grimes and her phone number and also Mr. Shawn Lang and his phone number. What I noticed since we have a lot of rental properties and other homes and as Mr. Spears mentioned, as someone of a community you
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tend to notice what is going on. On 14th Street there was a lot of illegal activity going on which does tend to then spread to other places, but I’ve noticed a big change. One of the men I hired to assist me when I was doing electrical, he said who owned it. I said I don’t think so and I happened to run across her at the Lion’s Club Orange and she said what she was planning on doing. I said that any support you want, let me know. If you notice a town and an area have a downfall for whatever reason for whomever’ s responsibility, it’s everyone’s concern. Not everyone takes action. On a side note, I grew up here and left in ’76. I was here part time in the 90’s. I’m here by choice with help from family but I still want to stay active with the area. In the 70’s in high school, there was a place on the corner there that people tell me the Wingate’s used to own and I didn’t go there much. It was just a block around from where I grew up, but I know that there were many people that still talk about going. It was a small building. It was pool and where people hung out. So anyway, that’s my name and we are residents just a block away and anyway that can help the community and also as a person who has in the past ran businesses, any person who has a desire to be a business person and have fortitude to it, I strongly support. Thank you for your time. Chairman Freiberg stated that is a hundred and eighty degrees opposite of what was presented to us at the last meeting. I’m not digging at you. I just wanted to say we need to address this here because this lady got all these signatures of twelve or thirteen people and she listed items in there that were bad or something and I think you all have addressed most of those issues. But, in fairness to these people who maybe aren’t represented today, one item I see is the entrance. She was concerned about all the traffic on the road and I believe you all said something about not coming in on 14th. Mr. Thomas stated yes, it’s going to be coming in off Link Street. Chairman Freiberg stated can you put a picture of that up. Their concern was that they had like eleven small kids within a couple houses there and all the additional traffic and all that bothered her, and I didn’t see where that was solved until I read that. Ms. Spradling stated when my mother and father’s home at 1604 Carter which is two houses down from where the new pit business is, and it is commercially zoned where his property now is and my concerns and so was my mothers was when the new barbeque pit stand happened. She was a proactive person and so am I and we make sure that local residents put up their privacy fence. There was some more activity where people drive through and it has added an improvement of the second owners of that barbeque stand, that as I’ve noticed that they help with the police and the DPS at the pit which I can understand your concern because I was always worried because my father had Alzheimer’s and was able to drive and still be out because Alzheimer’s is short term memory and my mother got dementia and two doors down there was a ninety year old. I had a big concern when there are people that have diminished capacity because of just life itself and that never came. We never had a person hit. We had some cut through from some different city workers that might have been this or that but I appreciate you stating that and I’m not part of her business but it was nice to see how good the pit has assisted and grown. Vice Chair Bell stated to piggyback off this, I know when she came last time this letter and I get that is has what fourteen signatures because I went back over it when we got the email and everything. I went back over it and it still didn’t necessarily move me and the reason being is we had a lady sit here and she was against it. For as long as I’ve known her, she stayed on that street. My concern was with all the activity that had been going on, on 14th Street for as long as I can remember, what did she do to try to stop the activity. Did she do a neighborhood watch, did she make police statements and things like that. So, from my knowledge, I don’t remember her actually answering that question with yes, I did xyz. So that was my big pushback and why now. Why do you push
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back on this when there has been activity on that street for a while now and seeing the location of it just like the mayor said, it is considered the low‐income side? It’s not across the tracks but it’s like what people consider “across the tracks”. So, that would help them but also stating that is if I am a firm believer on anything, I’m going to stand by how I feel and what I say. Regardless, we can agree to disagree. It’s not going to persuade me to change my mind. If I was that lady and I felt so strongly about it the first time, with the same signatures, I would have busted my butt to get on that street and get those same signatures and be here today. If I couldn’t have been here, I would have reached out to say if I can’t be here for work, family emergency or you know things happen, can I still submit a letter from the neighbors to put forth for why we don’t want it and I don’t see her here today. That’s my thing because it has been and that’s not the only street that is a trouble street in Orange. I will say over the years I haven’t seen as much if any activity on 14th Street as like it used to be. Member Henry stated I can say going off of what Tiffany said, after the first one not seeing it but seeing you all work and doing clean up is tremendous. I love being able to see it clean I guess because we didn’t see it the first time and there was some concerns but I watched you all clean it up, Pam and me and Pam know each other because she works for DPS and I work for the city. I’m going to tell you that a beautiful corner there and I think it’s got great access. The foot traffic on 14th Street in the past two years where Pam may have had a part of that but I can tell you in the past two years since they bought that property, I’ve driven up and down 14th Street probably hundred and hundreds of times and traffic is less on 14th Street. People worried about walk through traffic as far as what you were saying about people walking through and cutting through up and down the street and being worried about that, I am not seeing it anymore. So, that has dwindled down specifically in that area. And like she said, if those people were still so adamant, they would be here today saying I don’t want this here and none of them are here. I think you all have done a great job and I think it’s cleaned up nicely and now that I’ve been able to see it with what your plans were and the way you described it, it was hard for me to visualize that. But, now that you all have done that, I think it’s going to be great. Ms. Thomas stated after the last meeting I went through the neighborhood because I was trying to find out what was the reason that they didn’t want it. So, I talked to the elderly guy across the street and the person that signed the petition the first time and I asked hey did anybody here about why they didn’t want to open a game room. He said the lady never told him anything, she just came and said here sign this paper. So, what I did this time, I did it officially, I went to every house in that neighborhood and I got signatures. I went to the church in the back and included the apartment complex so here are signatures and I have it notarized (signed petitions entered into record). Also, what my plan is to the building right here. The concern is walking distance and we plan on eventually get with the city and pay for it and make a sidewalk right here that comes to the building and put a steel fence that comes across and you can see along here and all along here so a fence with a sidewalk. Member Henry stated Pam, quick question. So, are you going to have the driveway access on Link? Ms. Thomas stated yes. Member Henry stated what about on 14th Street, are you going to do anything on 14th Street. Ms. Thomas stated probably like a little gate you can walk through and maybe for handicap accessible right there but not as the main entrance. Chairman Freiberg stated and all those within three hundred feet got letters or something. Mr. Knauf stated yes. Chairman Freiberg stated so they had a chance to do it and even if they didn’t show we have addressed it.
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Terrie Salter – 2401 Hird, Orange, TX: Council Member Salter stated I would like it known that I am in full support of a business such as this. We hear residences complaining all the time. I know I do on Facebook all the time no matter what the posts are. They talk about the children really not having a lot to do here in Orange. So, I really feel like this is something great. We know who she is. We know the line of job she holds. I feel safe know that if my child goes there, that I can leave him there, that he’ll play, and I won’t have to worry about him. The kids today, they are technology children. I remember when I was a little girl and I used to play mud pies in the yard with dirt and water. Kids today don’t even really go outside. I have to almost ring my son’s neck to get out, go play basketball, go do something besides play Fortnight. So, it’s been proven. A study was conducted at Oxford by Dr. Andrew Przybylski and he revealed that playing one hour a day enhanced psychological wellbeing of a child. So, it actually has a purpose. They learn a variety of things where parents used to think that they could get addicted to this type of thing, but it does more good for children then it is for addiction. They really don’t get addicted. They have proven and proven in the new studies that children don’t get addicted to gaming. That is just something that they like. It relieves stress and it’s a use for a coping method as well. So, I am in support of it. I travel 14th Street a lot myself, pretty much really everyday I go down that street. I don’t see people really walking. They may be taking another route because since she has been doing that, I guess it’s been out in the wind and they don’t come on that street. They know she is in the law enforcement, so I think it is going to improve the neighborhood, enforce safety and all of that. So, I am in support of it and I hope that it passes (statement entered into record). Chairman Freiberg asked for any other discussion. None was made. Chairman Freiberg closed the public hearing at 5:57 p.m. DISCUSSION/ACTION
a. Case No. 20:01. Consider a request by Pamela T. Thomas for a special exception to operate a public arcade room at Lot 60 X 125’ of O/L‐21 Sheldon Addition also known as 1607 14th Street
Member Derosier stated I’ve been impressed by being there. It is much cleaner. There is less
activity than in the past. I think they have done a great job. I think that it’s great to see the
support from outside. I think it’s also nice not to have the negative pieces that we had a year and
a half ago. I think they have done a good job. I think that it is going to be very good for the
community.
Chairman Freiberg stated I appreciate you going through and with those names and canvasing the
neighborhood. That really cinched it for me.
Member Henry motioned to approve special exception Member Derosier 2nd Vote: 5 – 0 Motion Carries Chairman Freiberg adjourned the meeting at 5:59 p.m.
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