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PLANNING AND ZONING COMMISSON SPECIAL CALL MEETING MINUTES TUESDAY, October 13, 2020

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PLANNING AND ZONING COMMISSON SPECIAL CALL MEETING MINUTES

TUESDAY, October 13, 2020 Commissioners Present:

Weldon Smith… . . . ……. . . Chairman Jamie Wilson . . . . . . Vice Chairman Gordon Worlow . . . . . . Commissioner Michael Hennigan. . . . . . Commissioner Robert Vigil………….……… Commissioner

Commissioners Absent:

George Mortimer. . . Commissioner MaQuettia Ledet . . . Commissioner City Council Members Present:

Brad Childs Terrie Salter Caroline Hennigan Staff Present:

Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary

Jay Trahan, Assistant City Manager & Director of Economic Development Jim Wolf, Director of Public Works

John Cash Smith, City Attorney

Chairman Smith Called the meeting to order at 5:32 p.m. No Quorum of City Council

CITIZEN COMMENTS

Chairman Smith asked if there were any comments. None were made. PUBLIC HEARING

a. Case No. 20:08. Conduct a public hearing on a final plat submitted by Cypresswood Village LLC for the Cypresswood Village Phase II subdivision

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Mr. Knauf stated the Cypresswood Village Phase II subdivision has submitted for their final plat. This is a subdivision off of Highway 105 and west of Cypresswood Village Phase I. It’s a 41-lot subdivision. It’s all residential. There are streets being constructed. Water and sewer both are being constructed into this subdivision. This subdivision, they’ve submitted their final plat and I’ve reviewed the final plat and the final plat meets all the subdivision requirements. There are a couple of issues out there yet with the meter boxes and connecting to the city’s water and sewer systems and then also we just need to verify the drainage. So, this is a public hearing to receive public input on the proposed final plat. Jeremy Mitchell, Soutex Surveyors & Engineers –3737 Doctor’s Drive, Port Arthur, TX: Mr. Mitchell stated I’m just here to answer any questions that you guys might have. He did make reference to a few items that were left to be resolved out there. The sewer lines was completed today. The drainage district approved the plat at their meeting. So, we are in the home stretch of everything. I feel like we are very close to being finished.

Chairman Smith stated what do you have to do to finish. Mr. Mitchell stated the only thing that’s left is there’s a water line that went under the pipeline today. Tomorrow we will make that tie-in. There’s some meter boxes that were delivered on site today that we are going to set on top of the meters or the meter locations. Then, there’s a little bit of site grading that we have got to finish up and so they are working on that as well. So, again I say it’s the end of it. The pizazz to put on the subdivision but everything is substantially complete. Chairman Smith stated so what about the drainage issues. That’s 100 percent done. You have to do nothing else for drainage which I believe part of this says something about a box needs to be done or something. Mr. Mitchell stated from a drainage district standpoint, they were out there, and we did a walkthrough today when we were put in front of them for approval, it was approved conditional to a homeowner’s association being finished. What that entails is Don Corona with the drainage district is working with the lawyers with Cypresswood and they are working on the final language. But, from a drainage standpoint with the drainage district, it is my

understanding that we are complete. They approved it. Chairman Smith stated, Mr. Knauf, is that your understanding also? Mr. Knauf stated I’ll defer to Mr. Wolf on the drainage.

Mr. Wolf stated Jeremy there was one pipe that I think busted the grade. Mr. Mitchell stated that’s correct. When we did a walkthrough a few weeks back, there’s Cypresswood Phase I and there’s an existing detention pond that is part of this project. We separated the pond from the drainage ditch and there is an outflow structure. When we went through to do the as-built, we noticed it was set a foot too high and they lowered that before the hurricane and the district came out and reviewed that and it is indeed installed correctly.

Chairman Smith stated so really the only 2 things you needed to do or maybe 3, how many meter boxes do you have to put it. Mr. Mitchell stated there’s 41 meter boxes. The sewer boxes were installed but the meter boxes were on backorder. They were delivered today. Chairman Smith stated when will that be complete. Mr. Mitchell stated I think they are working on it tomorrow. Chairman Smith stated so they’ll be finished with that tomorrow. Mr. Mitchell stated as the engineer I can’t say

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for certain but yes according to them, it will be finished tomorrow. Chairman Smith stated and you said something about a water line. Mr. Mitchell stated yes there’s a water line that connects from Phase I to Phase II and they had to go under the pipe line for it and they did that today so they are going to continue in from Phase I and they’re going to tie that in. Chairman Smith stated and when will that be complete. Mr. Mitchell stated tomorrow. Chairman Smith stated and you said you also had to do some grading. Mr. Mitchell stated yes since drainage is such a major issue now a days, we try to make sure that the sites are graded in such a way where a developer can immediately start building a home. So, they have to finish bringing some of the grades from the rear of the lot, so it drains to the front of the lot. They get out there and bulldoze and move some dirt around. We went out there last week as the consultant and verified what was existing and gave them a file to finish up the work. So, they are out there with the dozer shaping. I don’t know exactly the progress as of today, but I know that they were working on it. Chairman Smith stated, Mr. Knauf, other than those approximately 3 items he just said there that should be done within the next 2 days, is there anything else that would not meet the requirements 100 percent. Mr. Knauf stated well let me just clarify, it meets all the subdivision ordinance requirements for a final plat. The meter boxes and tie-in are not part of the subdivision ordinance. So, under legal advice, if it meets all the requirements of the subdivision ordinance, then the legal advice is that you approve it. Now, what we can do is after council approves it or if council approves it, then we will not file the plat until all these other items are resolved.

Chairman Smith stated but from our standpoint, they’ve done everything. Mr. Knauf stated yes, they’ve fulfilled the requirements of the subdivision ordinance.

Commissioner Worlow stated are there any variances on this subdivision. Mr. Knauf stated no.

Mr. Smith stated we still have a problem of no city council quorum. Mr. Knauf stated right. We’ll have to without quorum, readvertise for another public hearing in front of the city council and that will be in November because we have to advertise 15 days before the meeting. It will be November meeting, the 2nd Tuesday in November.

David Williams – 5445 Bearfoot Road, Orange, Tx: Mr. Williams stated I’m here representing the Sabine River Authority. We currently own and have the property directly west of this proposed subdivision. I’m not here to contest anything that they’re doing. I just wanted the opportunity to speak to them directly because we do have some concerns regarding the western boundary of our canal property at that location. The survey is correct. We employed a surveyor to come out to verify their survey lines and everything is on point. The concern that we have is these canals were dug in the 30’s and 40’s by the Orange County water company. SRA took ownership in 1949. In 1954, we

purchased all canals at that time. The canals originally weren’t dug with the current property

boundaries that they were supposed to be in. The problem that it’s going to cause us at this location is that, that western boundary once the lots begin to be selling and development begins, the canal embankment width is going to go down to ranging from 14 feet to 20 feet all the way down that side. It’s going to limit the amount of maintenance that we can do behind these new residences. So, basically what I’d like to do is at some point I’d like to meet with the developer or the developer’s

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engineer and see if there’s a solution that we can come to, either to purchase a simple footage through there behind that track or a right-of-way. So, basically that’s it because what the River Authority is looking at here in the future is basically, we know the possibility of future economic development at a site south from there with CB Chem. There may be modifications that we need to do to our canal system to meet their needs. Chairman Smith stated and prior to tonight, have you brought that up to any of the city officials. Mr. Williams stated no this is my first time I’ve been here. Chairman Smith stated, Mr. Knauf, in reference to us, does that have any effect on what we are going to do here for this final plat. Mr. Knauf stated no. That’s really between the SRA and the developer. Mr. Williams stated right, and this was our first opportunity to get here and raise our concern and I apologize to you all for that.

Vice Chair Wilson stated so can you make that meeting happen? Mr. Mitchell stated yes. We’ll exchange cards. Vice Chair Wilson stated good because I think this is a good dialog especially when you are talking about drainage. Mr. Williams stated well I’m not with the drainage district. I’m with the Sabine River Authority. We’re the irrigation canal. Vice Chair Wilson stated well yes but it still matters so thanks for coming.

Chairman Smith asked for any other comments. None were made. Public hearing closed at 5:43 p.m.

b. Case No. 20:09. Conduct a public hearing on amending the official zoning map of the City of Orange by removing properties identified by the Orange County Appraisal Distract as R50047, R50067, R50049, R50081, R50038, R50339, R50354, R50356, R50820, R54045 and R54106 owned by the West Orange-Stark Independent School District and the City of Orange from the Old Orange Historical Overlay Zoning District

Public hearing opened at 5:44 p.m.

Mr. Knauf stated this is the Old Orange Historic District Overlay zoning district, the cross hatched area roughly from 15th Street to Simmons and the properties on the north side of John to Green. Back in the 90’s it was established as the Old Orange Historic District and what it is, is that there’s underlying zoning like R-2, C-1. But there is what we call an overlay district which is the historic overlay district which means there’s additional regulations for the properties in that area as far as architectural design, residential restoration, and those kinds of things. The city natatorium is located right here. We

haven’t used the natatorium for several years because there’s some major structural problems with the natatorium as far as the pool and it’s just too expensive to rehab that as a pool. So, what the city did, the city has sold bond to actually demolish this structure and build a new recreation center right there where the natatorium used to be or where the natatorium currently is. Around it is the West Orange Stark Middle School. Under state laws, schools are exempt from zoning anyway. They can locate wherever they want, they can build however they want, and we have no jurisdiction over

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schools. The natatorium actually sits on the school property. There’s some negotiation on that to acquire that by the city. But, under the historic district regulations there are certain design elements that have to be met. You can’t have a metal building. It has to be brick or wood or period type pieces of look and architecture. But, in order to do that would cost another $800,000 to meet the historic district regulations. So, one approach we’re recommending is that we just take this area out of the Old Orange Historic District which is the school property and where the natatorium is. That way it would not fall under the historic district guidelines. The Historic Preservation Commission met on this last week and considered it and they’re recommending, they voted 2 to 1 to have the area taken out of the Old Orange Historic District. The design of the new recreation center is very nice. It’s going to be something that I think the community is really going to be proud of and something that is really going to serve the community. So, this is part of the zoning ordinance and that’s why it is coming before you because any changes to the zoning ordinance, we are required to get a recommendation from the Planning and Zoning Commission on whether or not amend the zoning ordinance. That is what is before you is whether or not to recommend to the City Council to remove this area from the Old Orange Historic District.

Commissioner Worlow stated is the natatorium on their land. Mr. Knauf stated it is actually right now on the school land. Commissioner Worlow stated well if it’s on the school land and they’re exempt, why would we want to do that. Mr. Knauf stated because the building itself is city owned. The city actually owns the building, and it sits on the school land. Commissioner Worlow stated right but the property is exempt. Mr. Knauf stated actually right now the city would be required to build to the architecture guidelines if we leave it in the historic district. The city would have to build the building to the historic district regulations. The historic district regulations apply to the buildings or the structures or the things that are vertical.

Councilmember Salter stated will it affect just that particular building or will it also affect a few houses in that area as well. Mr. Knauf stated no were not proposing to take any of the houses out of the historic district. Just that building and plus the middle school property and that way we don’t have this hole in the middle of the overlay district.

Chairman Smith asked for any other comments. None were made. Public hearing closed at 5:49 p.m.

c. Case No. 20:10. Conduct a public hearing on amending the Code of Ordinances of the City of Orange, Texas Chapter 12 “Planning and Zoning” Article 12.600 “Zoning Districts and Other Regulations” by adding Section 12.612 “Governmental Properties” exempting properties or buildings owned by governmental entities from the fence and height restrictions of the Code of Ordinances

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Mr. Knauf stated the recreation center is actually 40 feet tall and under that zoning and even the underlying zoning for where the recreation center is to go is 30 feet, the maximum height for that. So, under the current zoning we couldn’t build the recreation center because it would be 10 feet taller than what the zoning ordinance allows. Then, with the schools and the state, feds being exempt from the zoning ordinance anyway and you have things like the special districts that we’re recommending that governmental entities, we have kind of unique services that we provide and unique challenges ahead of us in trying to make a better community that we would take governmental entities out of the height requirements for any zoning district and then also out of the fence height requirements for any zoning districts. Because the police department may need like a 12 foot fence to safeguard their equipment or there may be a sheriff’s office or whoever may need a taller than what the current fence ordinance allows. So, our recommendation is to that we just exempt governmental entities from height and fence height requirements in the zoning ordinance.

Chairman Smith asked for any comments. None were made. Public hearing closed at 5:51 p.m.

DISCUSSION/ACTION ITEMS

a. Election of a Chairperson

Vice Chair Wilson motioned to nominate Weldon Smith as Chairperson Commissioner Hennigan 2nd

Vote: 5 – 0 Motion Carries

b. Election of a Vice Chairperson

Chairman Smith motioned to nominate Jamie Wilson as Vice Chairperson Commissioner Worlow 2nd

Vote: 5 – 0 Motion Carries

c. Case No. 20:08. Consider a final plat submitted by Cypresswood Village LLC for the Cypresswood Village Phase II subdivision

Chairman Smith stated I believe we’ve asked the representative several questions about that and some of the stuff was somewhat conditional and he said most of the stuff was done before he got here and the rest should be done within 2 days. But it did meet all the preliminary items to be approved for Planning and Zoning. Is that correct? Mr. Knauf stated they meet all the final plat requirements that are in the subdivision ordinance.

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Vice Chair Wilson stated he will have it all done by November, whatever else has to be done. I mean it doesn’t matter for our purposes but just to clarify but the boxes and all that stuff will be done by the time it hits City Council in November. Mr. Knauf stated I can’t guarantee that, but we will not file the plat at the county clerk’s office until all that stuff is done and done to the city’s satisfaction. So, therefore they cannot sell lots until its filed at the county clerk’s office. We won’t file at the county clerk’s office unless all outstanding issues have been resolved. The recommendation from P&Z needs to be just on whether or not to recommend approval of the final plat.

Vice Chair Wilson motioned we recommend approval of final plat to City Council Commissioner Worlow 2nd

Vote: 5 – 0 Motion Carries

d. Consider a recommendation to the City Council concerning abandoning the surface only of an alley located between Green Avenue and Main Street and also between 4th Street and 5th

Street and abandoning the surface only of a portion of 4th Street located between Green

Avenue and Main Street

Mr. Knauf stated the college has some very exciting plans to construct some future buildings at the college and they have a master plan to really improve the college not only for the college itself but for the community as well. As part of their plans, they would like to create more of a campus type

environment where there’s not a street running through the campus. They have purchased the old Capital One Bank building. They plan on demolishing that building and building a brand new academic building on that site and in order to do that and keep the campus environment, they are requesting that the city abandon the alley that runs between 4th and 5th Street and then also a portion of 4th Street from Green Avenue to Main Avenue. That way it would all be closed off to through traffic and become part of their campus. I think we have some representatives from the college. I would like for them to really explain and expand more on your plans for the college. There’s a big diagram of their master plan by the podium.

Don LaBiche – LaBiche Architectural Group – 7999 Gladys, Beaumont, TX: Mr. LaBiche stated we’re the architects for the college on this project. We are very excited about it because it’s going to

enhance our student’s ability to travel across the campus. Our plans for 4th Street are to take a student plaza across 4th Street which ties both sides of the campus and a long extended student walkway that goes right now from 4th Street all the way through campus to the buildings on the east side of campus. This provides a gathering area. The building that we’re talking about on the site will be a 40 million dollar building. A big, big building there. So, this is sort of the entryway to that building and it provides free access for the students without having to worry about any kind of vehicles. So, what we’re

planning starting at Green Avenue on 4th Street and going south is that we are going to improve a section of sidewalk along Green Avenue. That sidewalk is in very bad shape along Green Avenue. For a certain area there from 4th Street going west, we are going to improve the sidewalk. On the corner of

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that same area of 4th and Green, we are going to be putting in a new full digital 12 foot long, 5 foot tall full graphic new identification sign for the campus that they can put up all types of messages,

advertisements for the campus and things that are going on in the city. Across 4th Street at Green Avenue, we are going to put a new crosswalk with pavers, improving the handicap ramps on both sides of 4th Street and then from Green traveling south to the new student plaza, we are going to narrow the street, improve the landscaping along the street. Right now, it’s set up so that you can park on either side. We want this to be the new entrance for visitors for the campus, so we really don’t want

anybody parking in there. We want them to come down and park in this parking lot that you see on the east side of 4th Street. We’re going to do an asphalt overlay and improve the drainage on 4th Street to the student plaza and then from the student plaza to north Main. So, we’re improving the

sidewalks on both sides, the curbs, gutters and of course they’ll all be done according to the city

specifications for those things. The plaza itself will have some shade structures there. We’ve got some really unique thing happening. We’ve got a lot of light poles, benches on the sides of those light poles. All the light poles that we’re putting in will have USB and electrical hook-ups so students can sit and plug their laptops in and do any of that kind of study work in between classes. So, just a nice gathering area and it’s of course near their Gator Café also. There’s several renderings of what those areas are going to look like. A lot of pavers are going to be used in there. The black and white documents basically show you the area that we plan on demolishing and rebuilding. It shows you the area along Green Avenue and then all the areas on 4th and tying into the campus. The next sheet shows you a little bit area the area involved in the improvements there. Lots of benches and just places for students. That campus really has no place for students to kind of stop and take a breath between classes. So, that’s what we are trying to do there is make it safer for students.

Vice Chair Wilson stated it gives it a very collegiate/university type feel which is a nice thing. So, it does address a lot of concerns. It will allow students a place to stop instead of getting in the car and going home or whatever. I think this is a huge, huge improvement not that there’s anything wrong with the current campus, but I think this is a big advantage for them. Mr. LaBiche well you know Green Avenue is such an important street in Orange and for us to put the new doorstep there with the new big sign. The electronic sign we are putting in is going to cost over $100,000 so that’s the quality of this sign that we’re putting in.

Commissioner Vigil stated the ownership of 4th Street, does that belong to the city or is Lamar buying that? Mr. Knauf stated that is city property as well as the alley, that is city property also.

Commissioner Vigil stated so Lamar is going to make improvements on city property. Mr. Knauf stated well what we are proposing is that the city would abandon the surface only of the alley and the street. We would keep the underlying rights. There’s utility lines and we would have an easement in the alley and in the street in case we need to go in and repair any utility lines in there. Now, the utility lines in the alley only serve the Capital One Bank. It didn’t serve anything else. So, when they build the new building, they will have to relocate those lines or abandon it in place.

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stated so not all the way to Front. Mr. Knauf stated no. Vice Chair Wilson stated it is just what

currently sits within the Lamar property sort of now. It’s only that piece that sits within the confines of where the bank is. It’s not taking a thoroughfare. We are not going to stop traffic is what he is asking. Mr. Knauf stated it will stop traffic from Green to Main. Vice Chair Wilson stated yes but how much traffic is from Green to Main on 4th Street now. Chairman Smith stated well when you look at the expansions they’ve done in the past, it’s been done numerous times and it’s the only way for them to expand. Vice Chair Wilson stated right and again, I don’t think this is a huge issue. Mr. Knauf stated I think Mr. Vigil raised an important question. We’re not abandoning all rights in the street or all rights in the alley. We keep the underlying easements and rights to that. We are only abandoning the surface. They’re going to do some improvements along the street and sidewalks and make a plaza out of 4th. Vice Chair Wilson stated so what happens is this no longer becomes a street. They will

resurface this for walking. It’ll have pavers. It’ll have sitting spots and whatever. What’s underneath it as far as the infrastructure of the city is still ours to maintain. They’re just going to improve the street top, the surface so people can walk on it and it becomes a better place for them.

Mr. LaBiche stated if your coming from Green you’ll turn on to 4th Street and we have a curved area at the student plaza that you can drop someone off. Then, to the east we have a parking lot so that would sort of become the new visitor parking lot for the campus. Commissioner Vigil stated and that turning radius is good for a car to turn around. Mr. LaBiche stated that turning radius is good for a fire truck.

Chairman Smith stated has anyone done some kind of study of how much traffic actually goes through there on that block to see how much would have to go around to a different area. I know when I’m at work and I’ve got to go to a call, I use 4th Street from Front to there all the time. So, now I’ve got to look for another route and that has happened over the last 20 years when they’ve expanded and gotten rid of the other streets from 3rd, 2nd and what have you. So, has anyone determined how much traffic would actually have to be detoured around from that street? Mr. LaBiche stated as far as I know there’s not been a traffic study done. 5th Street would be your next cross street so 1 block away from 4th. But, there again, we’re trying to make a campus where we don’t have vehicles coming through the campus so that’s why we’re asking for that is for the safety of the students. Chairman Smith stated and also how many students everyday actually cross that street. Mr. LaBiche stated when we build the new building. Chairman Smith stated I’m talking about right now. Mr. LaBiche stated there’s none right now because we do not have a campus building on the west side of 4th Street. Chairman Smith stated so this is being done because of the future expansion of that building and they need to get back and forth without getting run over. Mr. LaBiche stated yes. Vice Chair Wilson stated, and it sort of closes the campus in.

Councilmember Salters stated what type of building will that be. Mr. LaBiche stated it is just being programed right now so there is no design for the building yet. We know about how many square feet and we do have a best guess estimate on the budget being 40 million dollars. It will be about a 3-story building. Everybody on campus will have classes in that new building or just about everybody.

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Mr. Knauf stated before the city can abandon any alley or street it requires a recommendation from the Planning and Zoning commission.

Commissioner Vigil stated we talked about the traffic that goes north and south of 4th Street things like police, fire, and other rescue people. Does taking away that street, does the police department or fire department see a problem with losing that access. Chairman Smith stated well that was my question, but you can always just go down 5th Street. It’s just 1 block different and there’s nothing either side that you have to get to. So personally, I don’t really see a problem with it. We’ve done it numerous times before. You just have to get used to going to the next street.

Councilmember Salters stated there are many other colleges and universities that have expanded, and this is the only way that it happens. One of the things is the safety of the students and should be number one.

Chairman Smith asked for any other discussion. None was made.

Vice Chair Wilson motioned to make a recommendation to City Council to approve

Mr. Smith stated I have one question and I am very much in favor of Lamar because I just finished of almost 25 years on the foundation board and the last 2 as chairman. So, I played a major role in getting that site. But one thing about it is this has got to go to the next Legislature so they can get the funding. So, I think that it would be proper to recommend what they want subject to getting the funding because if it is not funded and they don’t get the money, we don’t want to abandon the street. Mary stated the issue is that the 79th Legislature allocated 1.8 million dollars to us to purchase the Capital One building and the renovation part, the upgrade. But the clock has started ticking and we only have until the end of August to spend that money or we lose the 1.8 million. Mr. Smith stated well you get the agreement of the city to abandon it, it’s abandoned conditionally. You get the money, it’s abandoned. We’ve already played that role with 11th Street. Mary stated but we have to spend the funds on the improvements by August 31st or we lose the money. Mr. Smith stated if we say we are going to abandon it, you’ve got it. All we have to say is, if you are going to build it, you’ve got it the backing on us to abandon the street. Mr. Knauf stated but I believe what you are saying is that you’ve got the money already to do the street scaping improvements for 4th Street. Mary stated yes that’s right. That part has to be done now. Mr. Knauf stated so they have to spend that money before next August. They money is in the bank for the streetscape improvements on 4th Street. Mary stated yes, the money is in our bank but if we don’t spend it by August 31st then we have to return it.

Commissioner 2nd Vote: 5 – 0 Motion Carries

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e. Consider a recommendation to the City Council on de-annexing West Buff Road from Elmira Road to the end of West Bluff Road

Mr. Knauf stated years ago the city annexed West Bluff Road. When the city did that, they only

annexed the road. They did not annex any of the properties that are adjacent to the road so there’s no property tax coming in from any of the properties that live along side the road. West Bluff Road has become a maintenance nightmare for the city. It has washed out. We’ve had to go in and spend a bunch of money. We got a grant to go in and repair West Bluff Road. The county has said that they would be willing to take over the maintenance of West Bluff Road if the city were to disannex it. So, it would take a big maintenance burden off of the city if we were to disannex it and let the county maintain it. So, that is the issue before you. Before we change the use of any road or street, it requires a recommendation from the Planning and Zoning commission.

Commissioner Worlow stated what was the thought on this annexing just the road. Mr. Knauf stated way back when, you could do these spoke annexations.

Councilmember Childs stated I highly recommend we deannex this road because if you drive one drive out there you will wonder why we even have the road. It’s bubble gum patch after bubble gum patch. Chairman Smith stated so the reason they did that if you look at the boundaries of the city, it looks like your hand. It looks like a spiderweb. It was so people couldn’t incorporate and take over your city so the city could expand in the future. The city hasn’t really done anything three. The only thing that the city benefits and they don’t really benefit anything, but we have to work the traffic accidents there and that’s it. Mr. Knauf stated any speeding tickets, we would get the revenue from but that’s about the only benefit we have. Chairman Smith stated yes but it’s useless and not beneficial to the city by any means.

Vice Chair Wilson motioned to make a recommendation to City Council to approve Commissioner Hennigan 2nd

Vote: 5 – 0 Motion Carries

f. Case No. 20:09. Consider a recommendation to amend the official zoning map of the City of Orange by removing properties identified by the Orange County Appraisal District as R50047, R50067, R50049, R50081, R50038, R50339, R503546, R50820 and R54106 owned by the West Orange-Stark Independent School District and the City of Orange from the Old Orange

Historical Overlay Zoning District

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Vote: 5 – 0 Motion Carries

g. Case No. 20:10. Consider a recommendation to the City Council concerning amending the Code of Ordinances of the City of Orange, Texas Chapter 12 “Planning and Zoning” Article 12.600 “Zoning Districts and Other Regulations” by addingSection 12.612 “Governmental Properties” exempting properties or buildings owned by governmental entities from the fence and height restrictions of the Code of Ordinances

Mr. Knauf stated the fence height at the Riverside Pavilion is technically not legal because you can only have 4-foot fence in the front yard. So, this would cure that problem. Also, we wanted a 6-foot fence for crowd control when we have events at the pavilion. Commissioner Worlow stated you talked about the fence down there on Simmons at the Riverside Pavilion and you talked about how the fence there is not legal, but it’s built. So, you’re asking for forgiveness instead of permission. So, shouldn’t you have had to tear it down before it was done. Mr. Knauf stated yes, we are asking for forgiveness instead of permission. We are trying to cure the intent and really for the benefit of the pavilion

because it really makes sense to have a 6-foot fence there. Commissioner Worlow stated well it makes sense but why did we build that fence before we did this. Mr. Knauf stated that’s true. Commissioner Worlow stated because if I’d built that fence, I can tell you what they would make me do. I’d have to rip it down and then you would tell me that I could go back and rebuild it. So, we are kind of working backwards here.

Commissioner Hennigan motioned to make recommendation to City Council to approve Vice Chair Wilson 2nd

Vote: 5 – 0 Motion Carries

h. Consider establishing a workshop date and time to discuss Planning and the Comprehensive Master Plan

Mr. Knauf stated one of the things I would like to do with the Planning and Zoning Commission and City Council also is really have a series of workshops to talk about planning, platting, and zoning. Those are 3 separate things but they kind of relate to each other and if you are not in it every day or dealing with it a lot like I do, then it can be very confusing about what are the regulations under which and what does each one do and why do we do planning and why do we do platting and why do we even do zoning and really do a series of workshops and power point presentations to explain the difference between the 3. I think it will not only help the commission and the City Council but also the citizens to help understand the procedures and processes and rationale for why we do this. Why do we bring a

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final plat before the Planning and Zoning commission and City Council? Why do we look at the ordinances? What is planning and why do we even do planning. Why is planning important to the community. So, I would like to just have a series of workshops with you. I would like for the first one to be on planning if you’re interested then we would just need to establish a workshop date. It would be very informal. I’m not sure if it would be in this room or maybe the library or our building but I would like for it just to be a real informal educational workshop where there wouldn’t be any action for you to take. Chairman Smith stated I think that’s a very good idea. Do you have any dates in mind or would it be easier if we just submit some dates that we’re available for you and then we can see what coincides with everybody? Mr. Knauf stated I’m guessing probably November will be best and not close to Thanksgiving because I know people like to go out of town for Thanksgiving but maybe early November if that would work.

Chairman Smith motioned to approve workshop Vice Chair Wilson 2nd

Vote: 5 – 0 Motion Carries

APPROVAL OF MINUTES

a. Approval of August 4, 2020 Planning and Zoning Commission joint special call meeting minutes

Chairman Smith motioned to approve Vice Chair Wilson 2nd

Vote: 5 – 0 Motion Carries

b. Approval of August 17, 2020 Planning and Zoning Commission special call meeting minutes Chairman Smith motioned to approve

Vice Chair 2nd Vote: 5 – 0 Motion Carries

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