MEETING AGENDA ORANGE CITY COUNCIL Orange Public …Jan 10, 2017 · Hillary Hayes Social Media...

City Council Meeting, January 10, 2017City of Orange, Texas

MEETING AGENDA

ORANGE CITY COUNCILOrange Public Library Auditorium

220 N. Fifth StreetOrange, Texas

January 10, 20179:00 A.M.

1. CALL TO ORDER Mayor

2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Bellfield

3. MOTION

a) Motion finding that the advance posting and notice requirementsof Article 8.1200 of the Code of Ordinances of the City ofOrange, Texas have been met in relation to all minutes andpending ordinances and resolutions on this agenda and that thereading of such items be confined to the captions as are agreedupon by the ordinances and resolutions. 1 Mayor/Council

4. APPROVAL OF MINUTES

a) November 8, 2016 Orange Economic Development CorporationMeeting 5 Mayor/Council

b) December 13, 2016 Regular City Council Meeting 8 Mayor/Council

5. CITIZEN COMMENTS

At this time comments will be taken from the audience on anysubject matter, whether or not that item is on the agenda. Allcomments are limited to a maximum three minutes for eachspeaker. Your comments are appreciated. As the Texas OpenMeetings Act does not allow the Council to respond to items notlisted on the agenda, your comments will be duly noted by theCouncil and forwarded to the appropriate department for promptconsideration.

6. PROCLAMATION

a) West Orange - Stark Mustang Varsity Football Team Day 16 Mayor/Council

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7. ORDINANCES

a) Final Reading:

Consider an ordinance amending the City of Orange OfficialZoning Map, a part of Chapter 12: Planning and Zoning, of the2000 Revised Code of Ordinances of the City of Orange, Texas:changing the zoning classification of a 0.421 acre tract or parcelof land ABST. 171 J. M. Spaulding Survey AV TR 002C morecommonly known as 1709 Lutcher Drive and a 0.861 acre tractor parcel of land ABST.171 J. M. Spaulding Survey AV TR 002more commonly known as 1801 Lutcher Drive, all in OrangeCounty, Texas from “C-1" Light Commercial Zoning District to“C-2" Commercial Zoning District; providing for the OfficialZoning Map of the City of Orange, Texas to reflect such change;and making certain findings relative thereto. (First ReadingDecember 13, 2016) 17 Staff: Knauf

b) Final Reading:

Consider an ordinance amending the Official Future Land UseMap to add a 5.289 acre tract of land out of the Claiborne WestSurvey, Abstract No. 27 annexed on November 8, 2016 andlocated near the intersection of Highway 62 and Interstate 10and designating the land as Commercial; directing the CityManager to amend the Future Land Use Map; making certainfindings relative thereto; and establishing an effective date.(First Reading December 13, 2016) 21 Staff: Knauf

c) First Reading:

Consider an ordinance of the City Council of the City of Orange,Texas amending Chapter 12.302 “Zoning Board of Adjustment”in its entirety; repealing all ordinances in conflict to the extent ofany conflict, providing for a severability clause, and establishingan effective date. 24 Staff: Knauf

8. RESOLUTIONS

a) Consider a resolution authorizing the City Manager to acceptgrant funding from the Nelda C. and H. J. Lutcher StarkFoundation in the amount of $35,300.00 for demolition ofproperties as determined by grantee to be necessary for healthand/or sanitation purposes. 31 Staff: Knauf

b) Consider a resolution awarding a contract for transportation anddisposal of wastewater treatment sludge to Sprint WasteServices, LP. 44 Staff: Wolf

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9. DISCUSSION/ACTION

a) Consider a motion declaring a 1993 Quality Pumper, Engine 4as surplus and authorizing disposal by auction through RenéBates Auctioneers, Inc. 50 Staff: Frenzel

10. REPORTS

a) City Manager Report

b) City Council Report

11. ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation regarding Real Property pursuant to Chapter 551of the Texas Government Code:

(1) Deliberation regarding the purchase, exchange, lease orvalue of real property as authorized by subsection 551.072regarding City of Orange property located at 1000Simmons Drive, Orange, Texas. Mayor/Council

12. RECONVENE IN OPEN SESSION

a) Take action as necessary regarding item 11 a (1) above. Mayor/Council

13. ADJOURNMENT

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Texas Penal Code 30.06:“Pursuant to Section 30.06, Penal Code (trespass by license holderwith a concealed handgun), a person licensed under Subchapter H,Chapter 411, Government Code (handgun licensing law), may notenter this property with a concealed handgun”

“De conformidad con la Sección 30.06 del código penal (entrada depersona con licencia de portar o llevar armas de mano oculta), unapersona licenciada bajo el subcapítulo H, capítulo 411 del código degobierno (ley de licenciación para portar o llevar armas de mano) nose permite entrar en esta propiedad con “ninguna armas de manooculta”

Texas Penal Code 30.07:“Pursuant to Section 30.07, Penal Code (trespass by license holderwith an openly carried handgun), a person licensed underSubchapter H, Chapter 411, Government Code (handgun licensinglaw), may not enter this property with a handgun that is carriedopenly”

“De conformidad con la Sección 30.07 del código penal (entrada deuna persona con licencia de portar o llevar armas de mano visible),una persona licenciada bajo el subcapítulo H, capítulo 411 delcódigo de gobierno (ley de licenciación para portar o llevar armasde mano visible) no se permite entrar en esta propiedad conninguna “armas de mano visible”

No Firearms AllowedNo se permite ninguna armas de fuego

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STATE OF TEXAS }December 13, 2016

COUNTY OF ORANGE }

BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange,Orange County, Texas, was held in the Library Auditorium on Tuesday, December 13, 2016.

COUNCIL MEMBERS PRESENT: Jimmy Sims MayorLarry Spears Jr. Mayor Pro TemPatrick A. Pullen Council MemberDr. Wayne Guidry Council MemberAnnette Pernell Council MemberBill Mello Council Member

COUNCIL MEMBERS ABSENT: Essie Bellfield Council Member

STAFF MEMBERS PRESENT: Dr. Shawn Oubre City Manager Jay Trahan Assistant City Manager,

Director of EconomicDevelopment

Patricia Anderson City SecretaryLane Martin Chief of PoliceDavid Frenzel Fire ChiefCheryl Zeto Director of FinanceJim Wolf Director of Public WorksKelvin Knauf Director of Planning and

C o m m u n i t yDevelopment

Brenna Manasco Library DirectorSandy Wilson Grants PlannerHillary Hayes S o c i a l M e d i a

CoordinatorMike Zeto CIS ManagerKelly Griffin Police Evid. & ID TechJohn Cash Smith City Attorney

STAFF MEMBERS ABSENT: None

Mayor Sims called the meeting to order at 9:00 A.M.

Council Member Guidry led the Invocation and the Pledge of Allegiance.

MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OFARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVEBEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND

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Regular Meeting 2 December 13, 2016

RESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINEDTO THE CAPTION OF THE ORDINANCES AND RESOLUTIONS.

Council Member Pernell moved to approve the motion. Second to the motion was made by MayorPro Tem Spears which carried unanimously.

APPROVAL OF MINUTES

Council Member Mello moved to approve the minutes of the September 29, 2016 Joint Meeting ofthe Planning and Zoning Commission and the Orange City Council. Second to the motion was madeby Mayor Pro Tem Spears which carried unanimously.

Council Member Pernell moved to approve the minutes of the November 8, 2016 Regular Meetingof the Orange City Council. Second to the motion was made by Mayor Pro Tem Spears whichcarried unanimously.

Item 11 a (3) was moved to this position on the agenda.

ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code:

(3) Deliberation with City Attorney regarding pending or contemplated litigation asauthorized by subsection 551.071 regarding the approval of the proposed agreementto resolve Texas Municipal League Intergovernmental Risk Pool Claim No. LB44950.

The Council met in closed executive session at 9:04 A.M.

Action will be taken when other executive session items on the agenda are considered.

The Council reconvened in open session at 9:38 A.M.

CITIZEN COMMENTS

The following citizens spoke against 11 a) (1) on the agenda regarding Case No. 09-16-00073-CV;Leslie E. Barras and Historic Orange Preservation Empowerment, Inc. vs. The City of Orange,Texas, et al.: Sharon Odeger, #6 Straford Drive; Sandra Cash; John Backer, 710 9th Street; GailBarnett, 1111 W. Park Avenue; and Franklin Gans, 1823 Longfellow.

Henry Lowe, 106 W. Dewey Avenue, advised he is against granting a liquor license to the businesslocated at 1104 Burton Avenue.

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Robert Rothrock, 1511 Dawnwood, advised he is concerned about his gas meter.

Jimmy Burnitt, 4773 W. Bluff Road, advised he is concerned about the condition of W. Bluff Road.He would like for the City to fix the road, deannex it, and for the County to annex it.

Chuck Peterson, 802 Cherry, advised he is concerned about: the length of time it is taken to havethe fence at Sunset Park located on 16th Street installed; the audio quality on the City GovernmentChannel 4; and the condition of the railroad tracts located on Front Street.

PUBLIC HEARING

CONDUCT A PUBLIC HEARING ON A REQUEST BY LESTER SANFORD, TRUSTEE FORSANDRA COSTELLO TO REZONE FROM “C-1" LIGHT COMMERCIAL ZONING DISTRICT TO “C-2" COMMERCIAL ZONING DISTRICT AS PROVIDED IN THE LAND USE MATRIX ON TWOPARCELS OF PROPERTY LOCATED AT 1709 LUTCHER DRIVE (ABST. 171 J. M. SPAULDING121.26 X 152.185 AV TR 002C) AND 1801 LUTCHER DRIVE (ABST. 171 J. M. SPAULDING216.120 X 171.470 AV TR 002).

The public hearing began at 10:10 A.M.

The following citizens spoke in favor of rezoning 1709 and 1801 Lutcher Drive, Modica Bros TireCenter, from a “C-1" Light Commercial Zoning District to a “C-2" Commercial Zoning District: Ms.Forward; Ms. Woods; Ms. LeBlanc; and Mr. Thomas.

The public hearing ended at 10:25 A.M.

ORDINANCES

FIRST READING:

ORDINANCE AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OFCHAPTER 12: PLANNING AND ZONING, OF THE 2000 REVISED CODE OF ORDINANCES OFTHE CITY OF ORANGE, TEXAS: CHANGING THE ZONING CLASSIFICATION OF A 0.421 ACRETRACT OR PARCEL OF LAND ABST. 171 J. M. SPAULDING SURVEY AV TR 002C MORECOMMONLY KNOWN AS 1709 LUTCHER DRIVE AND A 0.861 ACRE TRACT OR PARCEL OFLAND ABST. 171 J. M. SPAULDING SURVEY AV TR 002 MORE COMMONLY KNOWN AS 1801LUTCHER DRIVE, ALL IN ORANGE COUNTY, TEXAS FORM “C-1" LIGHT COMMERCIALZONING DISTRICT TO “C-2" COMMERCIAL ZONING DISTRICT; PROVIDING FOR THEOFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; ANDMAKING CERTAIN FINDINGS RELATIVE THERETO.

Council Member Guidry moved to approve the ordinance. Second to the motion was made byCouncil Member Mello which carried unanimously.

FIRST READING:

ORDINANCE AMENDING THE OFFICIAL FUTURE LAND USE MAP TO ADD A 5.289 ACRE

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TRACT OF LAND OUT OF THE CLAIBORNE WEST SURVEY, ABSTRACT NO. 27 ANNEXED ONNOVEMBER 8, 2016 AND LOCATED NEAR THE INTERSECTION OF HIGHWAY 62 ANDINTERSTATE 10 AND DESIGNATING THE LAND AS COMMERCIAL; DIRECTING THE CITYMANAGER TO AMEND THE FUTURE LAND USE MAP; MAKING CERTAIN FINDINGS RELATIVETHERETO; AND ESTABLISHING AN EFFECTIVE DATE.

Council Member Mello moved to approve the ordinance. Second to the motion was made by CouncilMember Guidry which carried unanimously.

RESOLUTIONS

RESOLUTION AUTHORIZING THE PURCHASE OF AND INSTALLMENT OF SK8PARKSINTERNATIONAL SP5247 SKATE PARK EQUIPMENT PACKAGE WITH 14 FEATURES FROMPLAYPOWER LT FARMINGTON, INC., FOR THE AMOUNT OF $85,411.

Mayor Pro Tem Spears moved to approve the resolution. Second to the motion was made byCouncil Member Guidry which carried unanimously.

A copy of this resolution is being made a part of these minutes as Resolution Number 2016-82.

RESOLUTION FOR APPROVAL FOR THE CITY OF ORANGE PUBLIC WORKS DEPARTMENTTO PURCHASE A DOUBLE DRUM ROLLER FROM BLUELINE RENTAL IN THE AMOUNT OF$34,178.00.

Council Member Mello moved to approve the resolution. Second to the motion was made by CouncilMember Pernell which carried unanimously.


RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITHEXCAVATION & CONSTRUCTION, LLC FOR ALLIE PAYNE WATER & SEWER EXTENSION.

Council Member Mello moved to approve the resolution. Second to the motion was made by MayorPro Tem Spears which carried unanimously.


DISCUSSION/ACTION

MOTION ACCEPTING A GRANT OF $8,000.00 FROM THE LITTLE CYPRESS LIONS CLUB ASA LEGACY PROJECT FOR THE PURPOSE OF PURCHASING AND INSTALLING AN ADAAPPROVED SPECIAL NEEDS SWING SET TO BE INSTALLED AT NORTHWAY PARK.

Council Member Pullen moved to approve the motion. Second to the motion was made by CouncilMember Guidry which carried unanimously.

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MOTION APPROVING THE MOTION OF INTENT BY THE ORANGE ECONOMIC DEVELOPMENTCORPORATION FOR THE EXPENDITURE OF FUNDS FOR INFRASTRUCTUREIMPROVEMENTS AT WATERTREE ORANGE, 3720 N. 16TH STREET, SUITE A, ORANGE, TEXASIN AN AMOUNT NOT TO EXCEED $22,500 FOR THE PURPOSE OF ECONOMICDEVELOPMENT.

Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.

MOTION APPROVING THE REQUEST BY INTERNATIONAL PAPER, AS PART OF THECHAPTER 380 AGREEMENT, TO MAKE ONE PAYMENT FOR PROPERTY TAX BY JANUARY31 AND PUSH BACK THE SECOND PAYMENT TO THE CITY BY ONE MONTH. THE CITY WILLRECEIVE THE EXACT AMOUNT SPECIFIED THAT IS PART OF THE 380 AGREEMENT ASNOTED IN THE EXHIBIT A PAYMENT SCHEDULE.

Council Member Mello moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.

MOTION REAPPOINTING MAYOR JIMMY SIMS, MAYOR PRO-TEM LARRY SPEARS JR., ANDCOUNCIL MEMBER BILL MELLO AS MEMBERS OF THE ORANGE ECONOMIC DEVELOPMENTCORPORATION FOR A PERIOD EXPIRING SEPTEMBER 30, 2018.

Council Member Pullen moved to approve the motion. Second to the motion was made by CouncilMember Pernell which carried unanimously.

MOTION APPOINTING ________________ TO THE PLANNING AND ZONING COMMISSIONFOR A TERM ENDING SEPTEMBER 12, 2017.

Council Member Guidry moved to appoint Jamie Wilson to the Planning and Zoning Commission.Second to the motion was made by Council Member Mello which carried unanimously.

MOTION APPOINTING _________________ TO THE PLANNING AND ZONING COMMISSIONFOR A TERM ENDING SEPTEMBER 11, 2018.

Council Member Pernell moved to appoint Leslie Barras to the Planning and Zoning Commission.The Motion FAILED due to a lack of a second.

Council Member Mello moved to appoint Mary McKenna to the Planning and Zoning Commission.Second to the motion was made by Council Member Pullen which carried unanimously.

CITY MANAGER REPORT

Dr. Oubre thanked Chief of Police Martin and the staff at the Orange Police Department for thesuccess of the first “Trunk or Treat” sponsored by the Orange Police Department. He also thankedFire Chief Frenzel, Fire Marshal Bilbo and the staff at the Orange Fire Department for sponsoringthe first “Fill the Fire Truck Campaign”.

He advised the December 27, 2016 Regular City Council Meeting has been cancelled. The nextRegular City Council Meeting will be Tuesday, January 10, 2017.

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CITY COUNCIL REPORT

Council Member Pullen wished everyone a Merry Christmas and a Happy New Year’s.

Council Member Guidry thanked Council for their service to the community. He advised Counciltries to make good informative decisions for the City of Orange.

Council Member Mello wished everyone a Merry Christmas and a Happy New Year’s. Heencouraged citizens to donate blood.

Mayor Pro Tem Spears wished everyone a Merry Christmas and a Happy New Year’s. Heencouraged citizens to attend Council Meetings.

Mayor Sims thanked Council for doing an excellent job; wished the Mustangs good luck at State; andwished everyone a Merry Christmas and a Happy New Year’s.

ADJOURN TO CLOSED EXECUTIVE SESSION

a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code:

(1) Deliberation with City Attorney regarding pending or contemplated litigation asauthorized by subsection 551.071 regarding Case No. 09-16-00073-CV; Leslie E.Barras and Historic Orange Preservation Empowerment, Inc. vs. The City of Orange,Texas, et al.

(2) Deliberation with City Attorney regarding pending or contemplated litigation asauthorized by subsection 551.071 regarding the status of the application for a liquorlicense at 1104 Burton Avenue, Orange, Texas.

(4) Deliberation with City Attorney regarding pending or contemplated litigation asauthorized by subsection 551.071 regarding the possible deannexation of West BluffRoad, Orange, Texas.

The Council met in closed executive session at 10:53 A.M.

Item 11 a) (3) was moved to the beginning of the agenda to be discussed:

Deliberation with City Attorney regarding pending or contemplated litigation asauthorized by subsection 551.071 regarding the approval of the proposed agreementto resolve Texas Municipal League Intergovernmental Risk Pool Claim No. LB44950.

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RECONVENE IN OPEN SESSION

The Council reconvened in open session at 11:49 A.M.

TAKE ACTION AS NECESSARY REGARDING ITEM 11 a (1), (2), (3) AND (4) ABOVE.

Deliberation with City Attorney regarding pending or contemplated litigation as authorized bysubsection 551.071 regarding Case No. 09-16-00073-CV; Leslie E. Barras and Historic OrangePreservation Empowerment, Inc. vs. The City of Orange, Texas, et al.

Council Member Mello moved to authorize the City Attorney to negotiate a settlement agreement.Second to the motion was made by Council Member Pullen which carried unanimously.

Deliberation with City Attorney regarding pending or contemplated litigation as authorized bysubsection 551.071 regarding the status of the application for a liquor license at 1104 BurtonAvenue, Orange, Texas.

No action was taken.

Deliberation with City Attorney regarding pending or contemplated litigation as authorized bysubsection 551.071 regarding the approval of the proposed agreement to resolve Texas MunicipalLeague Intergovernmental Risk Pool Claim No. LB44950.

Council Member Pullen moved to authorize the approval of the agreement to resolve the TexasMunicipal League Intergovernmental Risk Pool Claim No. LB44950. Second to the motion wasmade by Council Member Guidry which carried with Mayor Sims, Mayor Pro Tem Spears, CouncilMember Guidry, Council Member Pullen, and Council Member Pernell voting aye. Council MemberMello recused himself.

Deliberation with City Attorney regarding pending or contemplated litigation as authorized bysubsection 551.071 regarding the possible deannexation of West Bluff Road, Orange, Texas.

No action was taken.

ADJOURNMENT

There being no further business before the Council, Council Member Pernell moved to adjourn themeeting. Second to the motion was made by Council Member Guidry which carried unanimously.

The meeting adjourned at 12:03 A.M.

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Jimmy Sims, Mayor

ATTEST:

Patricia Anderson, City Secretary

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roclamation OFFICE OF THE MAYOR City of Orange

WHEREAS the West Orange-Stark Mustang Varsity Football Team led by Head Coach Cornel Thompson and the Mustang VarsityFootball Staff, exemplifies exceptional sportsmanship, talent, and hardworking athletes. These characteristics have enabled theteam to earn a championship title school recognition on the state and local levels; and

WHEREAS on December 16, 2016, West Orange-Stark Mustang Varsity Football Team won the 2016 Class 4A Division II StateChampionship defeating Sweetwater High School by a score of 24 - 6 at the AT&T Stadium in Dallas, Texas; and

WHEREAS the district continually provides high quality programming in all areas of education including academics, athletics, vocationaltraining and instructions in the fine arts; and

WHEREAS the citizens of Orange respect and appreciate the dedication and commitment of the athletes, coaches, parents and teachers ofthe West Orange-Stark Mustang Varsity Football Team; and

WHEREAS this proclamation shall serve as a notice for today and a reminder for tomorrow that the citizens of Orange, Texas in 2016 haverecognized a very special group of athletes and coaches for their OUTSTANDING achievements this year;

NOW THEREFORE I, Jimmy Sims, Mayor of the City of Orange, Texas, do hereby proclaim that January 10, 2017 shall be recognized asa special tribute as

WEST ORANGE-STARK MUSTANG VARSITY FOOTBALL TEAM DAY

in the City of Orange, Texas, and do hereby offer, on behalf of the City Council and the citizens of the City of Orange, ourheartfelt CONGRATULATIONS for a job well done!

IN WITNESS WHEREOF I have hereunto set my hand and have caused the seal of the City of Orange, Texas to be hereto affixed thisthe 10TH day of January, 2017 .

Jimmy Sims, Mayor

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MEMORANDUM

To: Dr. Shawn Oubre Ph.D., City Manager

From: Kelvin Knauf, Director of Planning and Community Development

Subject: Consider an ordinance to rezone from “C-1” Light Commercial Zoning District to “C-2” Commercial Zoning District on two parcels of property located at 1709 Lutcher Drive (ABST. 171 J. M. SPAULDING 121.26X152.185 AV TR 002C) and 1801 Lutcher Drive (ABST. 171 J. M. SPAULDING 216.120X171.470 AV TR 002)

Date: December 27, 2017

Background

Attached for your consideration is an application for a re-zoning from Lester Sanford, Trustee for Sandra Costello to rezone property on Lutcher Drive (the frontage road for Interstate 10) from “C-1” Light Commercial Zoning District to “C-2” Commercial Zoning District. Modica Brothers, who own the auto services establishment at 16th Street and Lutcher Drive, is wanting to expand their parking operation to the property owned by Ms. Costello. The C-1 zoning district does not allow auto services but C-2 zoning district does allow auto service establishments.

The Adjacent Use and Zoning Districts are:

Adjacent Zoning Adjacent Uses

North “C-2” Commercial Interstate 10, Northway Shopping Center

South “C-S” Commercial-Special Single Family Residences

East “C-2” Commercial Auto Service Establishment (Modica Brothers)

West “C-S” Commercial-Special Single Family Residences

The Future Land Use Map shows this property as commercial property.

The City Council approved this ordinance on first reading at their December 13, 2016 meeting.

Recommendation

The Planning and Zoning Commission met on November 15, 2016 and voted to recommend that the re-zoning request be approved. I concur with the Commission’s recommendation. If approved, no amendment to the Future Land Use Map would be necessary since it is already shown as commercial.

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AN ORDINANCE AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OF CHAPTER 12: PLANNING AND ZONING, OF THE 2000 REVISED CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS: CHANGING THE ZONING CLASSIFICATION OF A 0.421 ACRE TRACT OR PARCEL OF LAND ABST. 171 J.M. SPAULDING SURVEY AV TR 002C MORE COMMONLY KNOWN AS 1709 LUTCHER DRIVE AND A 0.861 ACRE TRACT OR PARCEL OF LAND ABST. 171 J.M. SPAULDING SURVEY AV TR 002 MORE COMMONLY KNOWN AS 1801 LUTCHER DRIVE, ALL IN ORANGE COUNTY, TEXAS FROM “C-1" LIGHT COMMERCIAL ZONING DISTRICT TO “C-2" COMMERCIAL ZONING DISTRICT; PROVIDING FOR THE OFFICIAL ZONING MAP OF THE CITY OF ORANGE, TEXAS TO REFLECT SUCH CHANGE; AND MAKING CERTAIN FINDINGS RELATIVE THERETO.

WHEREAS, the Planning and Zoning Commission met in special session on November 15, 2016 and held a public hearing on a zoning request by Lester Sanford, Trustee for Sandra Costell to rezone two parcels of property being a 0.421 acre tract or parcel of land ABST. 171 J.M. Spaulding Survey AC TR 002 C more commonly known as 1709 Lutcher Drive and a 0.861 acre tract or parcel of land ABST. 171 J.M. Spaulding Survey AC TR 002 more commonly known as 1801 Lutcher Drive; and,

WHEREAS, the Commission voted unanimously 4-0 to recommend that the City Council approve a request to amend the zoning of both properties from “C-1” Commercial Zoning District to “C-2” Commercial Zoning District as shown highlighted in Exhibit “A”; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS:

SECTION I

THAT, the zoning classification of the properties described above and shown on the attached Exhibit "A" shall be amended from “C-1" Light Zoning District to “C-2" Commercial Zoning District.

SECTION II

THAT, the “Official Zoning Map” of the City of Orange, Texas be amended to reflect the zoning change described above, said zone change shall take effect and be in force from and after the “Official Zoning Map” reflects such change.

SECTION III

THAT, the City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the zoning district established herein will be in harmony with the general purpose and intent of the Comprehensive Zoning Ordinance and Master Plan of the City of Orange; will be as a substantial relationship to the public welfare; and that all procedural requirements have been satisfied as to this matter.

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SECTION IV

THAT, this ordinance shall be effective after the second and final approval and publication as required in the Orange City Charter and state law.

PASSED and APPROVED on the first reading this the 13th day of December, 2016.

PASSED, APPROVED, and ADOPTED on the final reading on this the 10th day of January, 2017.

Jimmy Sims, Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ ________________________________

Patricia Anderson, City Secretary City Attorney

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1709Lutcher Drive0.421 acres

1801LutcherDrive0.862 acres

Exhibit A

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MEMORANDUM



Subject: Consider an ordinance amending the official Future Land Use Map to add the annexation of a 5.289 acre tract of land out of the Claiborne West Survey, Abstract No. 27 annexed on November 8, 2016 and located near the intersection of Highway 62 and Interstate 10; directing the City Manager to amend the Future Land Use Map; making certain findings relative thereto; and establishing an effective date


Background

Attached for your consideration is a proposed ordinance amending the Future Land Use Map. This amendment is to include the property that was recently annexed into the City and re-zoned as “IDC” Interstate 10 Development Corridor zoning district. The Planning and Zoning Commission considered this amendment to the Future Land Use Map at their meeting on September 29, 2016 and voted unanimously to recommend that the Future Land Use Map be amended to reflect the annexation of the 5.289 acre tract of land and that the property be designated as commercial.

The City Council passed this ordinance on first reading on December 13, 2016.

Recommendation

I recommend that the City Council adopt the ordinance amending the Future Land Use Map to add the 5.289 acre tract of land that was annexed on November 8, 2016 and designate the property as commercial.

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AN ORDINANCE AMENDING THE OFFICIAL FUTURE LAND USE MAP TO ADD A 5.289 ACRE TRACT OF LAND OUT OF THE CLAIBORNE WEST SURVEY, ABSTRACT NO. 27 ANNEXED ON NOVEMBER 8, 2016 AND LOCATED NEAR THE INTERSECTION OF HIGHWAY 62 AND INTERSTATE 10 AND DESIGNATING THE LAND AS COMMERCIAL; DIRECTING THE CITY MANAGER TO AMEND THE FUTURE LAND USE MAP; MAKING CERTAIN FINDINGS RELATIVE THERETO; AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, the Planning and Zoning Commission met in special session on September 29, 2016 to consider amending the Future Land Use Map to add the annexation of a 5.289 acre tract of land out of the Claiborne West Survey, Abstract No. 27 annexed on November 8, 2016 and located near the intersection of Highway 62 and Interstate 10 and designate the land as commercial; and,

WHEREAS, the Commission voted unanimously 5-0 to recommend that the City Council approve the above referenced map amendment; now, therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS:

Section 1. The official Future Land Use Map is amended to designate as Commercial uses as shown on Exhibit “A” to this ordinance.

Section 2. The city manager is hereby directed to amend the official Future Land Use Map in accordance with Section 1.

Section 3. The City Council of the City of Orange, Texas hereby legislatively finds and determines that this ordinance and the Future Land Use Map amendment established herein will be in harmony with the general purpose and intent of the Comprehensive Zoning Ordinance and Master Plan of the City of Orange; will be as a substantial relationship to the public welfare; and that all procedural requirements have been satisfied as to this matter.

Section 4. This ordinance shall be effective after the second and final approval and publication as required by the Orange City Charter and state law.

PASSED and APPROVED on the first reading this the 13th day of December, 2016.

PASSED, APPROVED, and ADOPTED on the final reading on this the 10th day of January, 2017.

Jimmy Sims, Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ ________________________________

Patricia Anderson, City Secretary City Attorney

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MEMORANDUM



Subject: Consider an ordinance amending Section 12.302 of the Orange Code of Ordinances “Zoning Board of Adjustment” in its entirety


Background

Section 12.302 of the Code of Ordinances provides for the establishment of the Zoning Board of Adjustment (“BOA”). The BOA is responsible for hearing and deciding variance requests to the zoning ordinance, deciding whether to grant a Special Exception as required by the zoning ordinance, and hearing appeals to administrative decisions of administrative officials.

Currently, the Board of comprised of seven (7) members, who must be residents of Orange and eligible voters. Due to term limits, legal decisions and resignations, only three members of the current board are eligible to be re-appointed. The Texas Local Government Code requires that seventy-five percent of the members (6 of the 7 members) be present at a meeting to hear cases.

The Texas Local Government Code also allows cities to have a Zoning Board of Adjustment with at least five (5) members. By reducing the number of members on the Board of Adjustments from seven (7) to five (5), the City stands a much greater chance of having 75% of the members (4 of the 5 members) available to attend BOA meetings.

Attached for your consideration is a proposed ordinance that provides for the following:

Reduces the number of BOA members from seven (7) to five (5); Adds a provision that the City Council can appoint alternate members; Adds a provision stating that the Chair and Vice-Chair be elected annually; Eliminates wording that is based on a seven member BOA; Eliminates the requirement that the BOA meet with the Planning and Zoning Commission once a

year; Eliminates the requirement that the BOA meet with the City Council once a year; and Adds a requirement that if an application is denied by the BOA, the same or substantially similar

application cannot be heard by the BOA until twelve months have passed.

Attached is a “marked up” version of the ordinance showing the current ordinance and the proposed changes and a “clean copy “of the proposed ordinance.

Recommendation

I recommend that the City Council adopt the attached ordinance amending Section 12.302 of the Orange Code of Ordinances in its entirety.

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Exhibit A

Sec. 12.302 - Zoning Board Of Adjustment

(a) Zoning Board of Adjustment Creation. The zZoning bBoard of aAdjustment is established with the adoption of this ordinance.

(b) Zoning Board of Adjustment Members Qualification. The members of the Orange Zoning Board of Adjustment shall be residents of Orange and qualified voters. (c) Zoning Board of Adjustment Members Appointment. The zZoning bBoard of aAdjustment shall consist of seven five(7) (5) members appointed by the city council for terms of two (2) years, or until their successors are appointed. Terms begin on the date of the appointment. All terms shall expire effective December 31.1 Four Three (4) members of the zZoning bBoard of aAdjustment shall be appointed in every even numbered year, and three two (3) (2) members shall be appointed in every odd numbered year. The City Council may appoint alternate members to the Board.2 The city manager may appoint ex-officio members of the board. Vacancies in an unexpired term shall be filled by appointment made by the city council for the remainder of the term. The zZoning bBoard of aAdjustment shall annually elect a chairman and vice-chairman from among its membership at the first meeting of each calendar year3. (d) Zoning Board of Adjustment Meetings, Quorum and Actions. The zZoning bBoard of aAdjustment shall meet no less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted.

Four (4) regular and/or alternate members of the bBoard shall constitute a quorum of the seven five (7)(5) members.

As prescribed by state law, actions by the bBoard must be concurred by no less than seventy-five (75) percent (75%) of the members of the bBoard. If seven (7) members are present, six (6) members must concur. If six (6) members are present, five (5) members must concur. If four (4) members are present, three (3) members must concur. If five (5) regular and/or alternate members are present, four (4) members must concur.4

(e) Rules of Operating the Zoning Board of Adjustment. The zZoning bBoard of aAdjustment shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper.5 (f) Purpose and Duties of the Zoning Board of Adjustment. The zZoning bBoard of aAdjustment shall have the authority to:

(1) Exercise the appropriate power, authority, and duties pursuant to the laws of the State of Texas, Charter of the City of Orange,6 and ordinances of the City of Orange;

1 Currently, all terms expire December 31 of the same year. 2 The Local Government Code Section 211.008(c) also allows for the appointment of alternate members. Should the need arise, we may want to consider adding alternate members. 3 The current code doesn’t state how often the Board elects a chairman. Annually would be a good time. Election of a vice‐chairman would be good in case the chairman is absent. 4 Reflects the change from a seven member to a five member Board. 5 No rules have been adopted. Once the Board has been reconstituted and members appointed, we will present them with a recommended rules of procedure. After the BOA has approved the rules of procedure, the rules will be presented to Council for consideration. 6 The Board of Adjustment is not addressed in the City Charter.

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Exhibit A

(2) Act on applications for variances to the zoning ordinance: (3) Act on applications for special exceptions to the zoning ordinance; (4) Decide appeals from an administrative decision of city staff; (5) Hold public hearings in conjunction with the city council, as necessary;7 (6) Meet with the planning and zoning commission no less than once a year to exchange information on the actions and proceedings of the board and the planning and zoning commission throughout the preceding year; and (7) Meet with the city council no less than once a year to provide information on the actions and the preceding year.8 (6) Once an application has been heard by the Zoning Board of Adjustment and denied, the same or substantially similar subject may not be heard by the Board until twelve months have lapsed.9

(1982 Code of Ordinances, Chapter 13, Section 3)

7 The sign ordinance also gives the BOA authority to waive district regulations (such as height in the Interstate 10 Development Corridor zoning district). There is no authority for the BOA to waive citywide sign regulations. 8 These two provisions have not been done in the past and the requirement should be eliminated. 9 This provision is intended to keep applications that have been denied from coming back to the Board repeatedly in an effort to wear down the Board to have the application approved.

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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING CHAPTER 12.302 “ZONING BOARD OF ADJUSTMENT” IN ITS ENTIRETY; REPEALING ALL ORDINANCES IN CONFLICT TO THE EXTENT OF ANY CONFLICT, PROVIDING FOR A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, The Texas Local Government Code Section 12.302 authorizes municipalities to establish a Zoning Board of Adjustment to hear and decide variance requests to the zoning ordinance, decide whether or not to grant a Special Exception as required by the zoning ordinance, and hear appeals to administrative decisions of administrative officials; and,

WHEREAS, the Texas Local Government Code allows for the establishment of a Zoning Board of Adjustment with at least five members; and

WHEREAS, the Orange City Council believes that revising Chapter 12.302 of the Orange Code of Ordinances “Zoning Board of Adjustment” will result in more efficient operations of the Zoning Board of Adjustment; now, therefore

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS

Section 1. That Chapter 12.302 “Zoning Board of Adjustment” is hereby amended in its entirety as shown on the attached Exhibit “A”.

Section 2. That all Ordinances that are in conflict with the provisions of this Ordinance be repealed and all other Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 3. That it is expressly ordained that if any section or subsection, clause, sentence or paragraph of the ordinance shall be found to be illegal, invalid, or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions of this ordinance, but the same shall be valid and in effect, it being the expressed intention of the City Council of the City of Orange, Texas to pass each and every sentence, clause, paragraph or section individually.

Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551.

Section 5. That this ordinance shall become effective upon second and final passage by the City Council and publication as required by State law.

PASSED AND APPROVED on first reading this the 10th day of January, 2017.

PASSED, APPROVED AND ADOPTED on second reading this the ___________ day of ___________, 2017.

Jimmy Sims, Mayor

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ATTEST:

Patricia Anderson, City Secretary

APPROVED AS TO FORM:

City Attorney

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Exhibit A

Sec. 12.302 – Zoning Board of Adjustment (a) Zoning Board of Adjustment Creation. The Zoning Board of Adjustment is established with the adoption of this ordinance. (b) Zoning Board of Adjustment Members Qualification. The members of the Zoning Board of Adjustment shall be residents of Orange and qualified voters. (c) Zoning Board of Adjustment Members Appointment. The zoning board of adjustment shall consist of five (5) members appointed by the city council for terms of two (2) years, or until their successors are appointed. All terms shall expire effective December 31. Three members of the Zoning Board of Adjustment shall be appointed in every even numbered year, and two (2) members shall be appointed in every odd numbered year. The City Council may appoint alternate members to the Board. The city manager may appoint ex-officio members of the board. Vacancies in an unexpired term shall be filled by appointment made by the city council for the remainder of the term. The Zoning Board of Adjustment shall annually elect a chairman and vice-chairman from among its membership at the first meeting of each calendar year. (d) Zoning Board of Adjustment Meetings, Quorum and Actions. The Zoning Board of Adjustment shall meet no less than once a month, unless a meeting is not necessary. In such case, a cancellation notice will be posted.

Four (4) regular and/or alternate members of the Board shall constitute a quorum of the five (5) members.

As prescribed by state law, actions by the Board must be concurred by no less than seventy-five percent (75%) of the members of the Board. If five (5) regular and/or alternate members are present, four (4) members must concur.

(e) Rules of Operating the Zoning Board of Adjustment. The Zoning Board of Adjustment shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and for persons appearing before such body, as it may deem proper. (f) Purpose and Duties of the Zoning Board of Adjustment. The Zoning Board of Adjustment shall have the authority to:

(1) Exercise the appropriate power, authority, and duties pursuant to the laws of the State of Texas and ordinances of the City of Orange; (2) Act on applications for variances to the zoning ordinance: (3) Act on applications for special exceptions to the zoning ordinance; (4) Decide appeals from an administrative decision of city staff; (5) Hold public hearings in conjunction with the city council, as necessary;

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Exhibit A

(6) Once an application has been heard by the Zoning Board of Adjustment and denied, the same or substantially similar subject may not be heard by the Board until twelve months have lapsed.

(1982 Code of Ordinances, Chapter 13, Section 3)

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MEETING AGENDA ORANGE CITY COUNCIL Orange Public …Jan 10, 2017 · Hillary Hayes Social Media...

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