AGENDA CITY COUNCIL & PLANNING AND ZONING COMMISSION JOINT PUBLIC HEARING, PLANNING AND ZONING COMMISSION REGULAR MEETING, & CITY COUNCIL SPECIAL MEETING CITY COUNCIL CHAMBERS (LIBRARY AUDITORIUM) 220 N. FIFTH STREET ORANGE, TEXAS MAY 6, 2025 5:30 P.M. NOTICE IS HEREBY GIVEN that: The Planning and Zoning Commission and City Council will conduct aj joint public hearing on May 6, 2025 at 5:30 PM in the City Council Chambers at 220 N. Fifth Street; The Planning and Zoning Commission will conduct a regular meeting on May 6, 2025 at 5:30 PM in the City Council Chambers at 220 N. Fifth Street, Orange, Texas; The City Council will conduct a special meeting on May 6, 2025 at 5:30 PM in the City Council Chambers at 220 N. Fifth Street, Orange, Texas. This Notice and Agenda Packet are posted online at www.crangetexasov. The public will be permitted to offer public comments as provided by the agenda and as permitted by the presiding officer during the meeting. AI recording of the meeting will be made and will be available to the public in accordance with the Open Meetings Act upon written request. 1. Call to Order a. City Council b. Planning and Zoning Commission 2. Citizen Comments a. At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the Planning and Zoning Commission nor City Council to respond to items not listed on the agenda, your comments will be duly noted by the Planning and Zoning Commission and City Council and forwarded to the appropriate department for prompt consideration. A member of the audience that desires to speak during the Page 1 of 71 Planning and Zoning Commission's or City Council's consideration of any specific agenda item is requested to notify City staff prior to the start of the meeting. 3. Public Hearing a. Conduct a public hearing on a proposed amendment to the City of Orange Code of Ordinances Chapter 12 "Planning and Zoning", Section 12.502 "Definitions" by adding a definition for "Amusement Redemption Machines", adding a definition for "Gambling Device", and adding a definition for "Game Rooms"; amending Chapter 12 "Planning and Zoning", I Section 12.608 "Land Use Matrix" by prohibiting amusement redemption machines and/or game rooms in any district; amending Ordinance 2016-15 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2022-14 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2022-15 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2023-20 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; repealing all ordinances in conflict with this ordinance to the extent of such conflict; providing a severability clause; providing a penalty clause; providing an effective date; and other matters. 4. Adjournment of City Council 5. Discussion/Action Items-Planning and Zoning Commission a. Consider a recommendation to the City Council on a proposed preliminary plat submitted by Reserve at Mallard Lakes LLC for The Reserve at Mallard Lakes Phases 2A & 2B, Lots 120-230, a subdivision being 24.712 acres of land in the J.E. White Survey, Abstract No. 285, Orange County, Texas. b. Consider a recommendation to the City Council on a proposed replat submitted by Charles L. and Beverly A. Getz for Lots 1 through 6, Block 32, Amended Sheldon Survey, Volume K, Page 47, Deed Records of Orange County, Texas into Tract 1-A. C. Consider a recommendation to the City Council on a proposed amendment to the City of Orange Code of Ordinances Chapter 12 "Planning and Zoning", Section 12.502 Definitions" by adding a definition for "Amusement Redemption Machines" and a definition for "Game Rooms"; amending Chapter 12 "Planning and Zoning", Section 12.608 "Land Use Matrix" by prohibiting amusement redemption machines and/or game rooms in any district; amending Ordinance 2016-15 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2022-14 by prohibiting amusement redemption Page 2 of 71 machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2022-15 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; amending Ordinance 2023-20 by prohibiting amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District; repealing all ordinances in conflict with this ordinance; providing a severability clause; providing a penalty clause; providing an effective date; and other matters. d. Discussion concerning possible re-zoning of properties along the west side of 16th Street from Interstate 10 to Putnam Avenue and from 16th Street to 17th Street. 6. Minutes a. Consider the minutes of the March 4, 2025 Planning and Zoning Commission regular meeting. 7. Adjournment of Planning and Zoning Commission Meeting 8. Call to Order a. City Council 9. Citizen Comments a. At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the City Council to respond to items not listed on the agenda, your comments will be duly noted by the City Council and forwarded to the appropriate department for prompt consideration. A member of the audience that desires to speak during the City Council's consideration of any specific agenda item is requested to notify City staff prior to the start of the meeting. 10. Discussion/Action Items-City Council a. Consider a resolution conditionally approving a preliminary plat submitted by Reserve at Mallard Lakes LLC for The Reserve at Mallard Lakes Phases 2A & 2B, Lots 120-230, a subdivision being 24.712 acres of land in the J.E. White Survey, Abstract No. 285, Orange County, Texas; and providing an effective date. b. Consider a resolution conditionally approving a replat submitted by Charles L. and Beverly A. Getz for Lots 1 through 6, Block 32, Amended Sheldon Survey, Volume K, Page 47, Deed Records of Orange County, Texas into Tract 1-A; and, providing an effective date. 11. Ordinances-City Council Page 3 of 71 a. Final Reading Consider an ordinance of the City Council of the City of Orange, Texas amending the Orange Code of Ordinances, Chapter 4 "Business and Commerce" Article 4.1700 "Game Rooms" in its entirety by prohibiting amusement redemption machines and game rooms within the City of Orange; repealing all ordinances in conflict with this ordinance; providing a severability clause; providing a penalty clause; providing an effective date; and other matters. 12. Adjournment of City Council Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun" "De conformidad con la Secci n 30.06 del C digo penal (entrada de persona con licencia de portar O llevar armas de mano oculta), una persona licenciada bajo el subcap tulo H, cap tulo 411 del C digo de gobierno (ley de licenciaci n para portar o llevar armas de mano) no se permite entrar en esta propiedad con "ninguna armas de mano oculta" Texas Penal Code 30.07: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly" "De conformidad con la Secci n 30.07 del C digo penal (entrada de una persona con licencia de portar O llevar armas de mano visible), una persona licenciada bajo el subcap tulo H, cap tulo 411 del C digo de gobierno (ley de licenciaci n para portar O llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna "armas de mano visible" No Firearms Allowed Page 4 of 71 No se permite ninguna armas de fuego Public Hearing Policy (adopted on August 3, 2004) Public comment time limits The applicant's presentation is limited to fifteen (15) minutes. All persons wishing to speak in favor of or against any item shall be limited to three (3) minutes Ifa unified group wished to forfeit their three minutes per person a spokesperson can be selected and comments will be limited to fifteen (15) minutes All comments should be directed to the Commission on the case being discussed and comments should focus on the facts of the case and all speakers should refrain from comments based on personalities. Page 5 of 71 Joint Public Hearing Page 6 of 71 MEMORANDUM To: Planning and Zoning Commission and City Council From: Kelvin Knauf, Director of Planning and Community Development Subject: Conduct aj public hearing on an ordinance amending the Orange Code ofOrdinances, Chapter 12 "Planning and Zoning" by prohibiting amusement redemption machines and/or game rooms within the City of Orange Date: April 30, 2025 Recently, the Second Court of Appeals in Fort Worth in City of Fort Worth V. Rylie found that electronic gaming machines such as "eight liners" were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize. The Second Court of Appeals also ruled that city ordinances regulating such machines were not preempted by the Texas Occupation Code. The Texas Supreme Court declined to hear an appeal of the Second Court of Appeals decision SO therefore the Second Court of Appeals decision stands. Because of the Second Court of Appeals decision in the Fort Worth case, it is necessary to amend the Code of Ordinance Chapter 12 "Planning and Zoning" to prohibit amusement redemption machines and/or game rooms anywhere in the City of Orange. Attached for your consideration is a proposed ordinance that amends the Code of Ordinances Chapter 12 "Planning and Zoning" to provide definitions for "amusement redemption machines" and "game rooms",a amends the Land Use Matrix to prohibit game rooms in any zoning district; and amends the ordinances creating MUZD-Mixed Use Zoning Districts to prohibit game rooms in those zoning districts listed in the matrix.1 The Planning and Zoning Commission and City Council will need to conduct a public hearing on the proposed ordinance to receive input from the public. 1The MUZD-Mixed Use Zoning Districts are not included in the Land Use Matrix since they are special zoning district with each having their own set of regulations. Page 7 of 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING THE CITY OF ORANGE CODE OF ORDINANCES CHAPTER 12 "PLANNING AND ZONING SECTION 12.502 "DEFINITIONS" BY ADDING A DEFINITION FOR "AMUSEMENT REDEMPTION MACHINES", ADDING A DEFINITION FOR "GAMBLING DEVICE", 9 AND ADDING A DEFINITION FOR "GAME ROOMS"; AMENDING CHAPTER 12 "PLANNING AND ZONING" SECTION 12.608 "LAND USE MATRIX" BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN ANY ZONING DISTRICT; AMENDING ORDINANCE 2016-15 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-14 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-15 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2023-20 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND OTHIER MATTERS. WHEREAS, the City Council previously adopted Ordinance 2023-17 providing for the regulation of amusement redemption machines and game rooms in the City of Orange, and WHEREAS, in City ofFort Worth V. Rylie, 563 S.W.3d 346, 352 (Tex. App. 2018), rev'd, 602 S.W.3d 459 (Tex. 2020), the Second Court of Appeals found that electronic gaming machines, amusement redemption machines that includes games that are more commonly referred to as "eight-liners", ? were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize, and that city ordinances regulating such machines were not preempted by the Texas Occupation Code; and, WHEREAS, The Texas Supreme Court declined to hear an appeal of the case cited above, and WHEREAS, game rooms that operate amusement redemption machines, such as but not limited to eight liners, can have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, such as gambling, theft, criminal trespass, criminal mischief, and burglary; and WHEREAS, game rooms that operate amusement redemption machines have objectionable operational characteristics contributing to urban blight and downgrading the quality of life in the adjacent area; and Page 8 of 71 WHEREAS, the City Council desires to minimize these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve the quality oflife; preserve property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the City Council believes that amusement redemption machines including but not limited to eight-liner machines and game rooms are detrimental to the health, safety and welfare of the citizens of Orange. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS Section 1. That, the Orange Code ofOrdinances Chapter 12 "Planning and Zoning" Section 12.502 "Definitions" is hereby amended to add the following definitions: Amusement Redemption Machine shall mean any electronic, electromechanical or mechanical contrivance, including sweepstakes machines, designed, made, and adopted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Tex. Penal Code $47.01(4)(b). Amusement Redemption Machine does not include: 1) A machine that awards the user non-cash merchandise prizes, toys or novelties solely and directly from the: machine, including claw, crane or similar machines; or 2) A machine from which the opportunity to receive non-cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending on the user's ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Tex. Business and Commerce Code $43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise. Gambling Device shall mean any electronic, electromechanical, or mechanical contrivance that for a consideration affords the play an opportunity to obtain anything of value, the award of which is determined solely or partially by change, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, of facsimiles thereof, that operate by chance or partially SO, that as a result of the play or Page 9 of 71 operation of the game award credits or free games, and that record the number of free games or credits SO awarded and the cancellation or removal oft the free games or credits. Game room shall mean a building, facility or other place where amusement redemption machines or gambling devices are present and does not mean a building, facility or other place where only legal amusement machines are present. Section 2. That, the City of Orange Code of Ordinances Chapter 12 Planning and Zoning" Section 12.608 "Land Use Matrix" is hereby amended to prohibit amusement redemption machines and/or game rooms in any zoning district. Section 3. That, Ordinance 2016-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 4. That, Ordinance 2022-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 5. That, Ordinance 2022-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 6. That, Ordinance 2023-20 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 7. That, it is expressly ordained that if any section, or subsection clause, sentence or paragraph oft this Ordinance, including the attached exhibits, shall be found to be illegal, invalid or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions ofthis 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, section or exhibit individually. Section 8. That, all Ordinances that are in conflict with the provisions ofthis Ordinance be repealed to the extent of such conflict and all other Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 9. That, any person who violates any provision oft this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the maximum amount allowed by the City of Orange Code of Ordinances Chapter 1 "General Provisions" Section 1.106 "General Penalty for Code Violations" of the City of Orange Code of Ordinances. In addition to the criminal offense and penalties prescribed in this section, the city may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions oft this section shall become liable to the city for any expense, loss, or damage incurred by the city by reason ofremediating such violation. Page 10 of 71 Section 10. After this Ordinance is approved upon second and final reading and publication as required by State law, it shall become effective on August 4, 2025. PASSED AND APPROVED on first reading this the 13th day ofMay, 2025. ASSED,APPROVED AND ADOPTED on final reading this the day of 2025. Larry Spears Jr., Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary Guy Goodson, City. Attorney Page 11 of 71 Land Use Matrix Land Use! Matrix P=Permittedu Use X=NotP Permitted SE=S SpeclalE Exception AA-Requires Approval by Administrative. Action Refer tot the! Standardl Industrial Classification! Manual, United! States Office of Management: andE Budget) LANDI USES SICC Code MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC I Cove Agriculture,f forestry, andf fishing 1 Agriculture Production-crops x x x x x x x x x x P 017 Fruita andN NutT Trees SE SE SE SE SE SE SE SE SE SE X 018 Horticulturals Specialties SE SE SE SE SE SE SE SE SE SE x 019 GeneralF Farms, Primarily Crops SE SE SE SE SE SE SE SE SE SE x 02 Agriculture x x X X x X x x X X P productionl livestock anda animal specialties 07 Agriculture Services X X x x X 07 Small animal boardingk kennels P 08 Forestry x x X x X x x x X X x 09 Fishing, huntinga and X x x x P P P P P P P trapping Metals 10 Metaln mining x x x x x x x x x x x 12 Coalr mining x x x x x x x x x x x 13 Oila andg gase extraction AA AA AA AA AA AA AA AA AA AA AA 14 Mining quarryingo of x x X x x SE X x X X SE nonmetallicn minerals, except fuels 15 Building construction x x X x x SE x x X x SE -generald contractors ando operative bullders 16 Heavy construction SE SE SE SE SE SE SE SE SE SE SE other thant buildingo construction contractors 17 Construction- special x X x X x P P P SE P P trade contractors Manufacturing 20 Food: andk kindred x x X x x X x X X X P products 2084 Wineries, manufacturing x x x X x x x X x P P 21 Tobaccop products x x X x X X x x X X P 22 Textile mill products x x x x x x x X x x P 23 Apparel ando other x X x x X X x X X X P finishedp products madet from fabrics and: similar materials 24 Lumber andv wood X X X X X X X X X SE P products, except furniture 25 Furniturea andfi fixtures X x x x x x x X x X P 26 Papera anda allied X X X X X X X X X X P products 27 Printing, publishing x X x x x X x SE X X P and: alliedi industries Page 12 of 71 LANDI USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 CS C-S OTC IDC Cove 28 Chemicals anda allied X X X X x X X X X x P products 29 Petroleum refining X x X X x X x x X X P andr relatedi industries 30 Rubbera and X X X x x X x X x X P miscellaneous plastics products 31 Leathera andl leather x x x x X x x x x x P products 32 Stone, clay, glass and X X X X X X x x x x P concrete products 33 Primary metal industries X x X X X X X x x x P 34 Fabricatedr metal x x x x x X X x X X P products, except machinery: and transportation equipment 35 Industrial and x X x x x x x x x X P commercial machinery and computer equipment 36 Electronic and other X X X x x x x X X X P electrical equipment ando components, except computer equipment 37 Transportation X x x x x x x x X x P equipment 38 Measuring, x x x x x X x X X x X analyzing, and controlling instruments; photographic, medicala ando optical goods; watches and clocks 39 Miscellaneous x X X X X X x X X x P manufacturing industries 40 Railroad x X X x x SE SE SE SE SE P transportation 41 Locala ands Suburban X x X x SE SE SE SE SE P P transita andi interurban highway, passenger transportation 42 Motor freight x x x x x SE SE SE SE SE P transportation: and warehousing 4225 Miniwarehouse x X X X P P SE SE SE SE P warehousing (nol larger than 3000 s.f.) 43 Uniteds States Postal SE SE SE SE P P SE SE P P P Service 44 Water transportation x x x x x P x P SE SE P 45 Airt transportation X X X x SE SE SE P SE P SE 45 Airports, flyingf fields x X X X x X x X x x SE anda aircraftt terminal services 46 Pipelines, except SE SE SE SE SE SE SE SE SE SE SE naturalg gas 47 Transportation x X x x SE P P P P P P services Page 13 of71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S CS OTC IDC - Cove 472 Arrangement off Passenger x x x P P P P P P P x Transportation 474 Rental ofR Railroad Cars X x x P SE SE SE SE SE SE P 478 Miscellaneous! Servicesl Incidental X x X P SE SE SE SE SE SE P toT Transportation 48 Communications X X X X X SE SE P SE P P 49 Electric, gasa and X X X P SE SE SE SE SE SE P sanitarys services Wholesalel Trade 50 Wholesalet trade- X x X P SE SE SE SE SE SE P Durableg goods 50 Scrapr metal collection, salvage or X X x X x SE X X x X P storage 51 Wholesalet trade- x X x x X SE SE SE SE SE P Nondurables goods 5182 Wine-wholesale X x X X x x x x X P P Retail" Trade 52 Buildingn materials, x x x x x P P P SE P P hardware,garden supply 52 Manufactured! Home x x x X x SE X X P P SE Dealers 53 Generaln merchandise x X X X P P P P P P x stores 54 Foods stores x x x x P P P P P P X 55 Automotive dealers x x x x x P P P x P x 55 Gasoline service X x X X P P P P P P x stations 56 Apparela and x x x x SE P P P P P X accessory stores 57 Home furniture, x X x x SE P P P P P X furnishings and equipment stores 58 Eating andd drinking x X x x P P P P P P X Places (50% ofi incomer must be from food sales) Bars/lounges x x X x x P x x x x x 5813 Wine, on-premise consumption X X x X X P X X X P P ifwinei is produced on site (does notn requiret thats 50%0 ofi income must come from food: sales) 59 Miscellaneous retail x x x x P P P P P P x 5921 Liquor Stores X x X X SE P P P P P X 5983 Fuel OilD Dealers X x X x SE P P P P P X 5984 LiquifiedF Petroleum Gas( (Bottle X X x X SE P P P P P X Gas) Dealers 5989 FuelD Dealers, note elsewhere x x x x SE P P P P P x classified 5993 Tobacco Stores and! Stands and X x X X X x X X X X x stores predominately: selling electronic smoking devices ("vape shops") Finance, insurance 60 Depository x x x x P P P P P P x andr reale estate Institutions 61 Nondepository X x X x P P P P P P x institutions 62 Security, and x x x x P P P P P P x commodity brokers, dealers, exchanges and services 63 Insurancec carriers X x x x P P P P P P x 64 Insurancea agents, X x x x P P P P P P X brokers, ands service 65 Real estate x X X x SE P P P P P x Page 14 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-5 C-S OTC IDC I Cove 67 Holding: ando other x x x x SE P P P P P X investment offices Services 70 Hotels, motels x X X x X P P P P P x 70 B&Bs, rooming! houses SE SE SE X SE SE P P P P x othert thanl lodging places 70 Camps/ampgrounds, x X x X x P SE x X SE x recreationaly vehicle parks must! be: adjacentt to Highwaye 62 72 Personal services x x x x P P P P P P x 73 Businesss services X X x x P P P P P P X 75 Automotiver repair, x x x x X P x SE x P X services, andp parking 75 Automotivec detail: shop SE 75 Automobiler rental x x x x P P P P SE P x 76 Miscellaneous repair x x x X x P SE P X SE x services 78 Moviea andv video x x x x P P P P P P X production 79 Amusement: and x X x X P P P P P P X recreation: services 794 Commercial Sports X X X x SE SE SE SE SE SE SE 799 Miscellaneous Amusement and X X X x SE SE SE SE SE SE SE Recreation Services Game Rooms and/ora amusement X x x x X x x x x x x redemptionr machines 7999 Shooting Ranges (operations of)- SE SE SE SE SE SE SE SE SE SE SE temporary 80 Health services X x SE X P P P P P P x 81 Legals services X x x x P P P P P P X 82 Educationals services x SE SE x P P P P P P x 82 Private! Schools SE SE SE SE P P P P P P x 83 Social Services SE SE SE SE SE P x x SE SE x 8351 Day Care SE SE SE SE P P SE x SE SE X 8361 Homes forc destitute X X SE X SE P P P P P x men andv women 84 Museum, art, x x X X P P P P P P x galleries, and botanical and zoologicalg gardens 86 Membership SE SE SE SE P P SE P P P x organizations 87 Engineering, X X x S P P P P P P x accounting, research, management,: and relateds services 88 Privatel households P P P P P P P P P P x 89 Miscellaneous x x SE X P P P P P P x services Public Administration 91 Executive, P P P P P P P P P P P legislative, and generalg govemmente except finance 92 Justice public order, P P P P P P P P P P P ands safety 93 Publicf finance, X x x x P P P P P P x taxation, and monetary policy 94 Administration of X x X x P P P P P P x human resource programs 95 Administration of X X X X P P P P P P X environmental quality: andhousingp programs 96 Administration of x x X X P P P P P P x economic programs Page 15 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC - COVE 97 National security and X X X X P P P P P P X internal affairs Single-Family detached N/A N/A P P P P x x P P x x X homes Apartments N/A N/A x x P X P P P P SE X X Duplex N/A N/A X X P P X x P P x X x Townhomes N/A N/A X X P P x x P P SE X X Condominiums N/A N/A X X P P X X P P SE X x UD-Code N/A N/A X X X P X X X X X X X manufactured! homes andp parks MobileH Homes N/A N/A X X x x x x X x X x x HUD Code N/A N/A SE SE SE SE SE SE SE SE SE SE SE Temporary FEMA manufactured! homes andp parks Cellular Towers N/A N/A x X X X X SE SE P SE P Page 16 of 71 P&Z Regular Meeting Page 17 of 71 MEMORANDUM To: Planning and Zoning Commission From: Kelvin Knauf, Director of Planning and Community Development Subject: Consider a preliminary plat submitted by the Reserve at Mallard Lakes LLC for The Reserve at Mallard Lakes Phases 2A and 2B subdivision Date: April 30, 2025 The Reserve at Mallard Lakes LLCI has submitted a preliminary plat for The Reserve at Mallard Lakes Phases 2A and 2B subdivision. This plat does not comply with the subdivision ordinance in the following ways: Item 1. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Location and sizes of utilities on and adjacent to the property. Comment: In a plat note, state the size of the water main(s) and sewer: main(s) that will serve each phase. Item 2. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). A utility map showing the location(s) where the water and sewer systems connect to the City water and sewer systems, location of water service lines within the subdivision, capacity of the City water and sewer system to serve the proposed subdivision, the size of pipe used to provide water and sewer service within the subdivision, and the calculations for average daily demand and peak demand for the water and sewer systems in the subdivision. Ifno connection to City water and sewer systems is required, an explanation as to how water and sewer service is being provided. Ifal Municipal Utility District or other public utility district is to provide water and/or sewer service, a letter from the Municipal Utility District or other public utility district is required to be submitted as part of the application indicating whether or not the district can provide water and/or sewer service in compliance with Texas Commission on Environmental Quality (TCEQ) regulations. Comment: Placesymbols on the plat showing where the water main(s) and sewer main(s) will tie into the water main(s) and sewer main(s) for The Reserve at Mallard Lakes Phase I. Provide in a separate document, the calculations for the average daily demand and peak demand for the water and sewer systems. Item 3. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). For property located in Orange County, Texas: Verification by the applicant of compliance with the Orange County Drainage District Criteria Manual adopted by the City ofOrange. Comment: Provide documentation from the Orange County Drainage District that the proposed drainage meets the requirements of the OCDD Drainage Criteria Manual. Page 18 of 71 Item 4. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Proof of ownership of the property. Comment: Provide a deed or other proof of ownership of the property. Item 5. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). A plat note stating "EASEMENTS SHOWN! HEREIN INCLUDE THE RIGHT OF PUBLIC ENTITIES TO REMOVE. ALL TREES WITHIN THE EASEMENTS AS WELL. AS THE RIGHT TO TRIM OVERHANGING TREES OR SHRUBS LOCATED ON THE PROPERTY BELONGING TO OR BEING A. PART OF THIS SUBDIVISION". Comment: Provide the required plat note. Item 6. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). For property located in Orange County, Texas: A plat note stating "NO CITY BUILDING PERMITS SHALL: BE GRANTED UNTIL ANY DRAINAGE PLAN REQUIRED BY THE ORANGE COUNTY DRAINAGE DISTRICT HAS BEEN APPROVED AND PROVIDED TO THE CITY". Comment: Provide the required plat note. Item 7. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Affidavit of ownership. Comment: Provide an affidavit of ownership. Item 8. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Letters ofapproval from the utility companies covering proposed utility installations and easements and approval of the Orange County Drainage District as to any improvements impacting the facilities of the Orange County Drainage District. The letter of approval from the Orange County Drainage District does not apply to property located in Newton County. Comment: Provide a letter from Entergy that they can serve the proposed subdivisions and agree to the proposed easements and, if gas is to be provided, a letter from Centerpoint that they can provide service to the proposed subdivisions and agree to the proposed easements. Item 9. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Names of streets. No street may have a name SO similar as to cause confusion with an existing street. Comment: The proposed "Green Wing Way" is too similar in name to the Green Wing Lane located just south of the Orange city limits. Also, the proposed "Pintail Road" is too similar in name to the "Pintail Lane" located just south oft the Orange city limits. The 9-1-1 District has stated that any of the following names would be acceptable for the proposed streets: i. Tealwing Road ii. Harlequin Road iii. Gadwall Road iv. Cinnamon Teal Road Item 10. Ordinance requirement (Code of Ordinances Section 9.11403)00-Design Standards)). Street Materials and Design. All streets, curbs and gutters inside the city limits shall be concrete and shall conform to the design standards required by this article and shall be constructed in a workmanlike manner. Streets in the extraterritorial jurisdiction located more than one-half (0.5) miles from the city limits may be constructed of asphalt. Page 19 of 71 Comment: The typical roadway section for the proposed streets does not meet the Code since they propose asphalt streets. The streets are required to be constructed of concrete. Item 11. Ordinance requirement (Code of Ordinances Section 9.114(9)(B). The size, location, grade, type and other factors relative to all waterlines within aj proposed subdivision shall be subject to the approval of the director of public works based on municipal standards and specifications. Comment: The water line on Canvasback Drive dead ends. The water line needs to be looped into the City's water system. Item 12. Ordinance requirement ((Code of Ordinances Section 9.14 (11)(A)). A general plan for drainage within the subdivision shall be prepared by the subdivider's engineer showing the drainage areas. Such plan shall include, but not be limited to: i. Drainage area; ii. Discharge quantity in cubic feet per second; iii. Sizes ofall pipes, culverts, ditches, boxes, catch basins, detention ponds, retention ponds, and other drainage facilities; iv. Right-of-way widths for drainage ways within the subdivision; and V. Elevation for each lot indicated in the center of each lot. Comment: Provide a metes and bounds legal description for the detention pond. Also, please provide a plat note stating the elevation of the property. Item 13. Ordinance requirement (Code of Ordinances Section 9.11403)D)-Design Standards)). Street Offsets. Offset streets for arterial and collector streets shall be avoided. Offset streets for local (residential) streets is desired provided the offset is in excess of one hundred twenty (120) feet measured between the closest right-of-way lines. Comment: The proposed Green Wing Way street does not meet the 120 foot requirement. Item 14. Other Comment: Change "Alley Payne Road" to "Allie Payne Road" on the street and in the legal descriptions. Comment: In the upper left hand corner it states "THE RESERVE AT MALLARD LAKES PHASE 2A. AND 2B IS SUBJECT TO THE SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITION, AND RESTRICTIONS FOR ORANGE GARDENS FILED WITH THE COUNTY CLERK OF THE ORANGE COUNTY, TEXAS ON' THE DAY OF 2025. FILENO. 7 Change "PHASE" to "PHASES" and "CONDITION" to "CONDITIONS", Also, the reference should be to The Reserve at Mallard Lakes Phases 2A and 2B rather than to Orange Gardens. Comment: Plat note 1 refers to a "500-TEAR: FLOOD". Change to a "500-YEAR FLOOD". Comment: Plat note 13 refers to no City building permit being granted until the drainage plan has been approved and provided by the City. Change sO that it reads provided to the City. Comment: Change "DETENTION POND" to "STORMWATER DETENTION POND". Comment: In multiple places, including the title block, it refers to "RESERVE. AT MALLARD LAKES PHASE 2A AND 2B". Change to "THE RESERVE AT MALLARD LAKES PHASES 2A AND 2B" to be consistent with "The Reserve at Mallard Lakes Phase I" and to make it grammatically correct. Page 20 of 71 Comment: In the Dedication block it refers to "Orangefield Gardens Development, LLC" as owner. However, plat note 14 and the application refer to "Reserve at Mallard Lakes, LLC" as the owner. The owner identification needs to be consistent. Also, the word "THIS" is duplicated. The Planning and Zoning Commission will need to consider the proposed preliminary plat and vote on a recommendation to the City Council. Page 21 of 71 ExhibitA E IA N S 2 5 s 3 sa : EV 5 3a2333533 I : 4 Vuo Jvo- a a 9g 3 5 HILNON 3n81, 8 gly N - HIBON 080, : * 36 5 9 $ : 99 5 S d € E : - S Pas 54 I 48 97 S a % gr 3 . E I 6 3 3 d : e 6 - - & $ g 05 à e I 5 i 6 g E 3 I - E 9 1 s - : E : I ' 9 9 9 E ! ' 6 a 5 a l & I a 9 5 I : 6 E à I e E 33 8 5 s a i 3 & 8 I - 8: - € : : : ig! : 9 a 1 : 8 y a 1 R3EbI 3 : E ( 8 : Eg e $ : ( 4 1768 14103 6241 das a1110s a21738 6i113 1118 Bilisg sill3l 5 E : E $ - : 5 : 5 44 - 1158 I33 24 13 4706 821 76 2 1266 :, 3 # 5 6 4166 ia 2116 1ibi 2101 aililé ll $: B 0111e1 ti1es c2133 - 3 15 at 4 a a a 2 S S : - 7 s 9 : 1 1 di 6 6 a a E n 3 - - . 1 : 1 A : i : - : & I : 5 5 1 - 1 - - : : Ht ! : Bi - : : : E : 5 : I ! ! :5 : 1 L : - : 1 S 1i j i : 11 E t I I 5 5 1 is - : i; Ej 1 - 1 Si Iy i 10 1 j1 - E Rj 2, 15 : 1 - I à : @ il 3 a - 15 : I # : a ( II : ii li a - à J 11 i - 1 a : - e - a - 11 3 I iji 1 : i 1 - 7 a 3 I : - : a 1 i 1 I 9 5i i 3 - I u a : : : : 1 3 li 1 Ti E 5i S I ( : 5 1 5 E 5i Bis - I 1 1 I I a * 1 a! : R : a :: :: yi : 1 : i - : :; 1 - : i 4$ 1: y! a a $ Bi 1 I - 11 11 1 111 : a i I i i1: 1 1 m inl TI I 11 1 i a E Il : 3i MEMORANDUM To: Planning and Zoning Commission From: Kelvin Knauf, Director of Planning and Community Development Subject: Consider a proposed replat submitted by Charles L. and Beverly A. Getz for Lots 1 through 6, Block 32, Amended Sheldon Survey, Volume K, Page 47, Deed Records of Orange County, Texas into Tract 1-A. Date: April 17, 2025 Charles L. and Beverly A. Getz have submitted a replat to combine six lots into one lot. The property is located at the northwest corner of 10th Street and Main Avenue. The replat does not comply with the subdivision ordinance as follows: Item 1. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Proposed name of the replat, which shall incorporate the name of the original subdivision but shall explicitly state "Replat oflots number I into lot(s) number in the 1 subdivision. The name of the replat shall be shown in the title block in the lower right-hand corner of thej plat. Comment: Re-write the title to comply with the ordinance requirement. Item 2. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). The location of front, side and rear building setback lines. Building setback lines shall conform to the zoning ordinance. Comment: The property is zoned C-2 Commercial. The building setback lines for the C-2 zoning district are: front-15 feet, rear-10 feet, cormer side-10 feet, interior side-no setback requirement. Show the building setback lines. Item 3. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Location and sizes of utilities on and adjacent to the area proposed for replatting. Comment: Show the sizes and locations of the water (in blue) and sewer (in red) mains as shown below: Page 23 of 71 2 DON 1-1/2 2 1-1/4 12 2 0 - BLK 32 5 SHELDON 39 Item 4. Ordinance requirement (Code ofOrdinances Section 9.112-Preparation and processing of replats). Address number of each lot as determined by the Public Works Department of the City or by the South East Texas Regional Planning Commission. Comment: Show the address as 303 10th Street. Item 5. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Affidavit of ownership. Comment: Provide an affidavit of ownership. Item 6. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Benchmark elevations shall be shown near the center of each lot. Page 24 of 71 Comment: Show a benchmark elevation near the center of the proposed lot. Item 7. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing ofreplats). A plat note stating "ALL INTERIOR DRAINAGE SHALL BE: DIRECTED TO DRAINAGE STRUCTURES OF ADJACENT STREETS TO PREVENT ANY ADDITIONAL RUNOFF CREATED BY NEW CONSTRUCTION FROM AFFECTING ADJOINING LAND OWNERS. FURTHER, ANY AND ALL FUTURE DEVELOPMENT ON THE SUBJECT PROPERTY MUST COMPLY WITH THE ORANGE COUNTY DRAINAGE DISTRICT'S CRITERIA MANUAL AND REGULATIONS, IF APPLICABLE". Comment: Provide the required plat note. The current plat note has INTERIOR DRAINAGE" and "ADJACENT STREETS" switched. Item 8. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). A plat note stating "EASEMENTS SHOWN HEREIN INCLUDE THE RIGHT OF PUBLIC ENTITIES TO REMOVE ALL TREES WITHIN THE EASEMENTS AS WELL AS THE RIGHT TO TRIM OVERHANGING TREES OR SHRUBS LOCATED ON THE PROPERTY BELONGING TO OR BEING A PART OF THIS SUBDIVISION". Comment: Provide the required plat note. Item 9. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). [For property located in Orange County and the City of Orange] A plat note stating "NO CITY BUILDING PERMITS SHALL BE GRANTED UNTIL ANY DRAINAGE PLAN REQUIRED BY THE ORANGE COUNTY DRAINAGE DISTRICT HAS BEEN APPROVED AND PROVIDED TO THE CITY". Comment: Provide the required plat note. Item 10. Ordinance requirement (Code ofOrdinances Section 9.112-Preparation and processing of replats). [For property located in Orange County] Approved by the Orange County Drainage District General Manager on this day of Neal Ford, General Manager Comment: Underneath the signature line for the Drainage District, add "Neal Ford, General Manager". Item 11. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Certification by the Mayor This replat has been submitted to and considered by the City Council of the City of Orange, Texas, and is hereby approved. Larry Spears Jr, Mayor ATTEST Patricia Anderson, City Secretary Comment: Re-write the City signature block as specified in the ordinance. Page 25 of 71 Item 12. Ordinance requirement (Code ofOrdinances Section 9.112-Preparation and processing of replats). FILED FOR RECORD AT O'CLOCK AM ON THE DAY OF 20 INVOLUME PAGE OF THE MAP RECORDS OF ORANGE COUNTY, TEXAS BY BRANDY ROBERTSON, ORANGE COUNTY CLERK. BRANDY ROBERTSON, ORANGE COUNTY CLERK Comment: Add the required signature block. Item 13. Other. Comment: Plat Note 7 states that it is zoned R-1 Low Density Residential. Itis actually zoned C-2 Commercial (the property is considered legal non-conforming "grandfathered". Change to reflect the correct zoning district. Comment: Provide a ten foot (10') utility easement along the 10th Street side. The City has two large diameter force mains on that side of the street under the edge ofthe pavement. The Planning and Zoning Commission will need to discuss the proposed replat and vote on a recommendation to the City Council concerning the proposed replat. Page 26 of 71 Exhibit A E $ 3 3 0 8E 3 E EE 85 I I I 6 1 5 B 2 8 i à e 83 38 3 3 3 N I . & I z 2 E 30 E3 8 a 3 I D 3 * e B E E 89 : $, N $ - 88:. I BI B E8 E 88 4 63 E 81 n I 5 3 I I I - I 8 15 8 I 3 S 3 a I I 9 3 I - I N I y - 8 - 1 3 8 E 1 E a 5 $ 132 2 2 8 8 - ( 8 M . 0 I € a JIER 01 ES BRS :1 Pe i . R ait : 1 r II a !! 5 A 1 S a S I A di I s I 3 1 # : R I & i B 51 I 3 : RE a j i * 3 : a 4 s - 1 3 lai 51 S : & I i: P : 13 : E a9 : : 3 ! i 1 - I - s 1! - Ig I € - : - 11 1: 15 1 - I s S 1 5 N 1 I u ! 3 $ I - & & i : 1, ij B a s a $ I I; : 3 it 1 J 3 I B ti i5; a 3 11 3 Ai * I & B IN di, 3 i sh ia de a ! a l al : @ ai 1: e 1 : a s - I i s & I li i A1 1 s 1i 1 " Mi i a à S & ( - Ca - E - A 0 : S S Sa 5 & $ E le 3 d 2 1 3 S & à a - 5 # C a S I J - 29 6 E ! d, 3IS L 3 a n 1 9 , g 3 X S MEMORANDUM To: Planning and Zoning Commission From: Kelvin Knauf, Director of Planning and Community Development Subject: Consider and possible action on a recommendation to the City Council concerning a proposed ordinance amending the Orange Code of Ordinances, Chapter 12 "Planning and Zoning" by prohibiting amusement redemption machines and/or game rooms within the City of Orange Date: April 30, 2025 Recently, the Second Court of Appeals in Fort Worth in City of Fort Worth V. Rylie found that electronic gaming machines such as "eight liners" were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize. The Second Court of Appeals also ruled that city ordinances regulating such machines were not preempted by the Texas Occupation Code. The Texas Supreme Court declined to hear an appeal of the Second Court of Appeals decision sO therefore the Second Court of Appeals decision stands. Because of the Second Court of Appeals decision in the Fort Worth case, it is necessary to amend the Code of Ordinance Chapter 12 "Planning and Zoning" to prohibit game rooms anywhere in the City of Orange. Attached for your consideration is aj proposed ordinance that amends the Code of Ordinances Chapter 12 "Planning and Zoning" to provide definitions for "amusement redemption machines" and "game rooms"; amends the Land Use Matrix to prohibit game rooms in any zoning district; and amends the ordinances creating MUZD-Mixed Use Zoning Districts to prohibit game rooms in those zoning districts listed in the matrix. The Planning and Zoning Commission will need to vote on a recommendation to the City Council concerning the proposed ordinance. 1 The MUZD-Mixed Use Zoning Districts are not included in the Land Use Matrix since they are special zoning district with each having their own set of regulations. Page 28 of 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING THE CITY OF ORANGE CODE OF ORDINANCES CHAPTER 12 PLANNING AND ZONING SECTION 12.502 "DEFINITIONS" BY ADDING A DEFINITION FOR "AMUSEMENT REDEMPTION MACHINES", ADDING A DEFINITION FOR "GAMBLING DEVICE", AND ADDING A DEFINITION FOR "GAME ROOMS"; AMENDING CHAPTER 12 "PLANNING AND ZONING" SECTION 12.608 "LAND USE MATRIX" BY PROHIBITING AMUSEMENT REDEMPTION MACHIINES AND/OR GAME ROOMS IN ANY ZONING DISTRICT; AMENDING ORDINANCE 2016-15 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-14 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2022-15 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; AMENDING ORDINANCE 2023-20 BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND/OR GAME ROOMS IN THE MUZD-MIXED USE ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS. WHEREAS, the City Council previously adopted Ordinance 2023-17 providing for the regulation of amusement redemption machines and game rooms in the City of Orange, and WHEREAS, in City ofFort Worth V. Rylie, 563 S.W.3d 346, 352 (Tex. App. 2018), rev'd, 602 S.W.3d 459 (Tex. 2020), the Second Court of Appeals found that electronic gaming machines, amusement redemption machines that includes games that are more commonly referred to as "eight-liners", > were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize, and that city ordinances regulating such machines were not preempted by the Texas Occupation Code; and, WHEREAS, The Texas Supreme Court declined to hear an appeal ofthe case cited above, and WHEREAS, game rooms that operate amusement redemption machines, such as but not limited to eight liners, can have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, such as gambling, theft, criminal trespass, criminal mischief, and burglary; and WHEREAS, game rooms that operate amusement redemption machines have objectionable operational characteristics contributing to urban blight and downgrading the quality of life in the adjacent area; and Page 29 of 71 WHEREAS, the City Council desires to minimize these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve the quality of life; preserve property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the City Council believes that amusement redemption machines including but not limited to eight-liner machines and game rooms are detrimental to the health, safety and welfare of the citizens of Orange. NOW, 9 THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS Section 1. That, the Orange Code ofOrdinances Chapter 12 "Planning and Zoning" Section 12.502 Definitions" is hereby amended to add the following definitions: Amusement Redemption Machine shall mean any electronic, electromechanical or mechanical contrivance, including sweepstakes machines, designed, made, and adopted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non-cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Tex. Penal Code $47.01(4)(b). Amusement Redemption Machine does not include: 1) A machine that awards the user non-cash merchandise prizes, toys or novelties solely and directly from the machine, including claw, crane or similar machines; or 2) A machine from which the opportunity to receive non-cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending on the user's ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Tex. Business and Commerce Code $43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise. Gambling Device shall mean any electronic, electromechanical, or mechanical contrivance that for a consideration affords the play an opportunity to obtain anything of value, the award of which is determined solely or partially by change, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions ofl bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, lectromechanical, or mechanical games, of facsimiles thereof, that operate by chance or partially SO, that as a result of the play or Page 30 of 71 operation of the game award credits or free games, and that record the number of free games or credits SO awarded and the cancellation or removal of the free games or credits. Game room shall mean a building, facility or other place where amusement redemption machines or gambling devices are present and does not mean a building, facility or other place where only legal amusement machines are present. Section 2. That, the City of Orange Code of Ordinances Chapter 12 "Planning and Zoning" Section 12.608 "Land Use Matrix"i is hereby amended to prohibit amusement redemption machines and/or game rooms in any zoning district. Section 3. That, Ordinance 2016-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 4. That, Ordinance 2022-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 5. That, Ordinance 2022-15 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 6. That, Ordinance 2023-20 is hereby amended to prohibit amusement redemption machines and/or game rooms in the MUZD-Mixed Use Zoning District. Section 7. That, it is expressly ordained that if any section, or subsection clause, sentence or paragraph ofthis Ordinance, including the attached exhibits, 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, section or exhibit individually. Section 8. That, all Ordinances that are in conflict with the provisions ofthis Ordinance be repealed to the extent of such conflict and all other Ordinances ofthe City not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 9. That, any person who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the maximum amount allowed by the City of Orange Code of Ordinances Chapter 1 "General Provisions" Section 1.106 "General Penalty for Code Violations" of the City of Orange Code of Ordinances. In addition to the criminal offense and penalties prescribed in this section, the city may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions of this section shall become liable to the city for any expense, loss, or damage incurred by the city by reason ofremediating such violation. Page 31 of 71 Section 10. After this Ordinance is approved upon second and final reading and publication as required by State law, it shall become effective on August 4, 2025. PASSED AND APPROVED on first reading this the 13th day ofMay, 2025. PASSED, APPROVED AND ADOPTED on final reading this the day of 2025. Larry Spears Jr., Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary Guy Goodson, City Attorney Page 32 of 71 Land Use Matrix Land Use Matrix P=Permitted Use X=NotP Permitted SE= Speclal Exception AA-RequiresA Approval by Administrative Action (Refer tot the Standardi Industrial Classification Manual, United! States Office of Management: andE Budget) LAND USES SICC Code MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC - Cove Agriculture, andf fishing forestry, 1 Agriculture Production-crops x x x x x x x x x X P 017 Fruit and Nutl Trees SE SE SE SE SE SE SE SE SE SE X 018 Horticultural Specialties SE SE SE SE SE SE SE SE SE SE x 019 GeneralF Farms, Primarily Crops SE SE SE SE SE SE SE SE SE SE X 02 Agriculture X X x X x X x x X X P production Iivestock anda animal specialties 07 Agriculture Services x x x x X 07 Small animal boarding! kennels P 08 Forestry X X X x x x x x x X x 09 Fishing, huntinga and x x X X P P P P P P P trapping Metals 10 Metal mining x x x X X X x x x. x x 12 Coaln mining x x x x x x x x x x x 13 Oila and gase extraction AA AA AA AA AA AA AA AA AA AA AA 14 Mining quarryingo of x x x x x SE x X x X SE nonmetallicn minerals, except fuels 15 Building construction x X X X X SE x X x x SE generalo contractors ando operative builders 16 Heavy construction SE SE SE SE SE SE SE SE SE SE SE other than building construction contractors 17 Construction- special X X x x X P P P SE P P trade contractors Manufacturing 20 Food: andk kindred X X X X X x x x X X P products 2084 Wineries, manufacturing x x x X x x x x x P P 21 Tobaccop products X X x x x x X X X x P 22 Textile mill products x x x X x x x x x x P 23 Apparel ando other X x x X x x x X X X P finishedp products madei from fabrics ands similar materials 24 Lumbera andv wood X X X X X X X X x SE P products, except furniture 25 Furniture andf fixtures X X X X X X X X x x P 26 Paper anda allied x X X x x X x X x X P products 27 Printing, pubiishing x X X x X x x SE x X P anda alliedi industries Page 33 of 71 LANDI USES MAJOR GROUP R-1 R-2 R-3 R4 C-1 C-2 CS CS OTC IDC Cove 28 Chemicals anda allied x X x x X X x x x X P products 29 Petroleumr refining X x X X X X X X X X P andr relatedi industries 30 Rubber and X x X X x X x X x X P miscellaneous plastics products 31 Leathera andle leather X x X X X X x x x X P products 32 Stone, clay, glass and x X X X x X X X x X P concretep products 33 Primary metall industries x x x x x x x x x x P 34 Fabricatedn metal X X x x x x x x x X P products, except machinery and transportation equipment 35 Industriala and X x x x x x x x X x P commercial machinery: and computere equipment 36 Electronica and other x x x X x X x X x X P electrical equipment ando components, except computer equipment 37 Transportation x X X X x X x x x x P equipment 38 Measuring, x X X x x x x X X x X analyzing, and controlling instruments; photographic, medicala ando optical goods; watches and clocks 39 Miscellaneous X x X x X x X X x x P manufacturing industries 40 Railroad x x x x X SE SE SE SE SE P transportation 41 Local ands Suburban x X X X SE SE SE SE SE P P transit andi interurban highwayp passenger transportation 42 Motor freight X X X X x SE SE SE SE SE P transportation: and warehousing 4225 Miniwarehouse x X x X P P SE SE SE SE P warehousing (nol larger than 3000 s.f.) 43 Uniteds States Postal SE SE SE SE P P SE SE P P P Service 44 Water transportation x x x x x P X P SE SE P 45 Airt transportation x x x X SE SE SE P SE P SE 45 Airports, flyingf fields x x X X x x X x X X SE and aircraft terminal services 46 Pipelines, except SE SE SE SE SE SE SE SE SE SE SE naturalg gas 47 Transportation x x x X SE P P P P P P services Page 34 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S CS OTC IDC Cove 472 Arrangement ofF Passenger X X X P P P P P P P x Transportation 474 RentalofR Railroad Cars X X X P SE SE SE SE SE SE P 478 Miscellaneous: Services Incidental X X x P SE SE SE SE SE SE P tol Transportation 48 Communications X x X x x SE SE P SE P P 49 Electric, gasa and X x X P SE SE SE SE SE SE P sanitarys services Wholesale Trade 50 Wholesalet trade- X X X P SE SE SE SE SE SE P Durables goods 50 Scrap metal collection, salvage or x X x x x SE x x X X P storage 51 Wholesalet trade- x x x X x SE SE SE SE SE P Nondurable goods 5182 Wine-wholesale x X x x x x x x x P P Retail Trade 52 Building materials, X x X X x P P P SE P P hardware, garden supply 52 Manufacturedi Home x X X X x SE x x P P SE Dealers 53 Generaln merchandise X X x x P P P P P P x stores 54 Foods: stores x x x x P P P P P P X 55 Automotive dealers x x x x x P P P x P x 55 Gasolines service X x X x P P P P P P x stations 56 Apparela and X X X x SE P P P P P X accessorys stores 57 Homet furniture, x x X x SE P P P P P x furnishings and equipment stores 58 Eatinga andd drinking x x x x P P P P P P x Places (50% of incomer must be from foods sales) Bars/lounges x x x X X P x x x x x 5813 Wine, on-premise consumption x x x X x P x x X P P ifwinei is produced ons site( (does notn require that! 50% of income must comet from food: sales) 59 Miscellaneous retall x x x X P P P P P P X 5921 Liquor! Stores x x x X SE P P P P P X 5983 Fuel Oil Dealers x X x x SE P P P P P x 5984 Liquified Petroleum Gas (Bottle x x x X SE P P P P P X Gas) Dealers 5989 FuelD Dealers, note elsewhere x X x x SE P P P P P x classified 5993 Tobaccos Stores ands Stands and x X X X X X x X x X X storesp predominatelysellng electronics smokingo devices ("vapes shops") Finance,i insurance 60 Depository x X X x P P P P P P X and real estate Institutions 61 Nondepository x. X x X P P P P P P x institutions 62 Security, and X x X X P P P P P P X commodityb brokers, dealers, exchanges ands services 63 Insurance carriers x x x x P P P P P P x 64 Insurancea agents, x X X x P P P P P P x brokers, ands service 65 Reale estate x x x X SE P P P P P x Page 35 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC I Cove 67 Holding and other X X x X SE P P P P P x investment offices Services 70 Hotels, motels x x X x x P P P P P x 70 B&B Bs, rooming! houses SE SE SE X SE SE P P P P x othert than! lodgingplaces 70 Camps/campgrounds, x X x X x P SE X X SE x recreational vehicle parks must be: adjacentt tol Highway 62 72 Personal services x X x X P P P P P P x 73 Businesss services X X X x P P P P P P X 75 Automotiver repair, x x X X X P X SE X P x services, andp parking 75 Automotive detail shop SE 75 Automobile rental X x x x P P P P SE P x 76 Miscellaneousr repair x x X x x P SE P X SE X services 78 Movie andv video x X X X P P P P P P x production 79 Amusement: and x x x x P P P P P P X recreations services 794 Commercial! Sports X X X x SE SE SE SE SE SE SE 799 Miscellaneous Amusementa and x x X x SE SE SE SE SE SE SE Recreation Services Game Rooms and/ora amusement X X X x X X x x x x x redemptionr machines 7999 Shooting Ranges (operations of)- SE SE SE SE SE SE SE SE SE SE SE temporary 80 Health: services x x SE X P P P P P P x 81 Legals services x x x x P P P P P P x 82 Educationals services X SE SE X P P P P P P X 82 Private Schools SE SE SE SE P P P P P P x 83 Social Services SE SE SE SE SE P x x SE SE X 8351 Day Care SE SE SE SE P P SE x SE SE x 8361 Homes for destitute X x SE x SE P P P P P X men andy women 84 Museum, art, x x X X P P P P P P X galleries, and botanicala and zoologicalg gardens 86 Membership SE SE SE SE P P SE P P P X organizations 87 Engineering, x x X S P P P P P P x accounting, research, management, and relateds services 88 Privatel households P P P P P P P P P P X 89 Miscellaneous X X SE x P P P P P P X services Public Administration 91 Executive, P P P P P P P P P P P legislative, and generalg governmente except finance 92 Justicep public order, P P P P P P P P P P P and safety 93 Publict finance, X X X x P P P P P P x taxation, and monetaryp policy 94 Administration of x x x X P P P P P P x human resource programs 95 Administration of X X X X P P P P P P X environmental qualitya andhousing programs 96 Administrationc of x X X X P P P P P P X economicp programs Page 36 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S CS OTC IDC COVE 97 Nationals security and X x x x P P P P P P x internal affairs Single-Family detached N/A N/A P P P P X x P P X X x homes Apartments N/A N/A x x P X P P P P SE X x Duplex N/A N/A X x P P x x P P x x x Townhomes N/A N/A X x P P x X P P SE X X Condominiums N/A N/A X X P P x X P P SE X x UD-Code N/A N/A X x X P X X x X X x x manufacturedk homes andparks Mobile! Homes N/A N/A x X x x x X X X x x X HUD- Code N/A N/A SE SE SE SE SE SE SE SE SE SE SE Temporary FEMA manufactured/ homes andp parks CellularT Towers N/A N/A X x X x X SE SE P SE P P Page 37 of 71 MEMORANDUM To: Planning and Zoning Commission From: Kelvin Knauf, Director of Planning and Community Development Subject: Discussion concerning possible re-zoning of properties along the west side of 16th Street from Interstate 10 to Putnam Avenue and from 16th Street to 17th Street Date: March 31, 2025 With the redevelopment of the properties along the east side of 16th Street (Chick-fil-A, Starbucks, Whataburger, White Water Car Wash, Take 5 Oil Change), we need to consider whether re-zoning of the properties on the west side of 16th Street need to be re-zoned to encourage development of that area. At the March 4, 2025, Planning and Zoning Commission meeting, the consensus of the Commission was to consider retail uses and dine-in restaurants and to change the zoning district from C-S Commercial Special zoning district to MUZD-Mixed Use zoning district. Part ofthe requirements for thel MUZD: zoning district is the creation of a development plan. Included in your agenda packet are a draft development plan and maps showing the area under discussion. Also included in your agenda packet is a copy of the Land Use Matrix showing what uses are permitted (P), prohibited (X) or permitted only by Special Exception (SE) for each zoning district. The Planning and Zoning Commission will need to discuss any ideas that you may have to encourage new development, and the kinds of development, for the area on the maps and the draft development plan. Page 38 of 71 Development Plan. This development plan is for property zoned Mixed Use Zoning District (MUZD") as shown on Attachment B. Definitions. Adjoining shall mean a lot or parcel of land that shares all or part of a common lot line with another lot or parcel ofl land. Mixture of Uses: The mixture ofuses within the MUZD shall be complimentary in function, encourage complimentary use, and pose minimal impact on adjacent land uses. Development within the MUZD shall be visually and functionally compatible with surrounding developed property. The following retail uses are permitted by right within the MUZD: Artist supply and crafts materials stores Bakeries Bookstores-new, books Bridal supply stores Candy, nut, popcorn, chocolate and confectionery stores Children and infant wear, accessories and supplies stores Coffee and tea stores Consumer electronic stores Cosmetics and beauty supply stores Department stores with 50 or more employees Family clothing and accessories stores Gift, novelty and souvenir stores High end fashion and accessory boutiques Hobby, toy and game stores other than game rooms Home furnishings or decor stores Jewelry stores Luggage and leather goods stores Medical supply stores-retail Men and boys clothing and accessory stores Music stores Musical instruments stores Office supply stores Oils, spices and herbs stores Party supply stores Religious goods and books stores Restaurants-dine in without drive-thru lanes or walkup windows O Cafes 0 Cafeterias Page 39 of 71 Restaurants Sewing, needlework and piece goods stores Shoe stores Specialized clothing stores Sporting goods stores: Archery equipment-retail Athletic goods-retail Backpacking and mountaineering equipment Baseball equipment and supplies Basketball equipment and supplies Bicycles and supplies-retail Billiards equipment and supplies Bowling equipment and supplies Camping or hiking equipment-retail but not travel trailers or campers Diving equipment and supplies Exercise apparatus-retail Firearms-retail Fishing equipment and supplies other than bait Golfe equipment and supplies Hunting equipment and supplies Miscellaneous sporting goods and supplies Pickleball equipment and supplies Saddles, equestrian equipment and supplies Skiing equipment-retail Softball equipment and supplies Tennis equipment and supplies Stationery stores Water-retail Women and girls clothing and açcessory stores The following retail uses are permitted only by Special Exception: Bookstores-used Cell phone and cell service stores Comics and news stores Prohibited land uses: Any land use not specifically permitted or permitted by Special Exception are hereby prohibited in the MUZD including but not limited to game rooms and/or amusement redemption machines as defined in the Orange Code of Ordinances Chapter 12 "Planning and Zoning". Page 40 of 71 Setbacks for structures: Setback requirements (from the property line) shall be as follows: Front 15 feet Rear 10 feet Interior Side 5 feet Corner side 15 feet Height limitations: There shall be no height limitations in the MUZD. Floor area ratio: There is no floor-to-area ratio. Fencing and screening: A six-foot (6') wooden or masonry fence shall enclose all dumpsters in the MUZD except for a gate to gain access to the dumpster(s). Fencing or landscaping may be used to screen mechanical equipment located on the ground and other materials located outside a building. Where the requirements of Chapter 12, Article 12.600 Section 12.611(6)(C) ofthe City Code ofOrdinances pertaining to fences in commercial uses adjacent to a residential zone conflicts with this development plan, the requirements of this development plan shall prevail. Landscaping: At least five percent (5%) ofthe developed area of the MUZD shall be landscaped. Development within the MUZD shall be functionally pleasing emphasizing professionally designed, constructed, and maintained landscape areas using plants that are appropriate to the greater Orange area with shaded pedestrian gathering areas (if any), landscaping on the perimeter of parking lots, and landscaping which visually enhances all structures within the MUZD. Pedestrian circulation. All development within the MUZD shall encourage pedestrian circulation between structures and open spaces. Vehicular circulation. Vehicular circulation in the MUZD shall be pedestrian friendly, emphasize slow vehicular speeds and safe crosswalks. Signage: Signage regulations shall be as follows. All signage shall be visually pleasing and not compete with view ofb buildings, does not impede pedestrian or vehicular flow, does not create a traffic hazard and uses natural products to the extent possible. One pole sign shall be allowed for each parcel in the MUZD and not to exceed one hundred feet (100')i in height above grade ift the property is adjoining Interstate 10 and no more than twenty-four feet (24') feet in height elsewhere and no more than four hundred square feet (400 s.f.) in size. A pole sign may be used along with a master sign. One master sign shall be allowed for the MUZD and may be placed off-premises SO long as the master sign is within the MUZD boundaries and not to exceed one hundred feet (100") in height above grade if the property is adjoining Interstate 10 and no more than twenty-four feet (24') elsewhere and six hundred square feet (600 s.f.) in size. A master sign is allowed whether or not a monument sign(s) are also located in compliance with this development plan. One ground sign shall be allowed for each parcel within the MUZD and each ground sign shall be located as the same parcel as the business it is advertising. Ground signs shall not be more than one hundred square feet (100 s.f.) in size. Page 41 of 71 Electronic reader boards and digital signs shall be allowed SO long as they do not exceed six hundred square feet (600 s.f.) in size and one hundred feet (100'): in height above grade if the property is adjoining Interstate 10 and no more than twenty-four feet (24') in height elsewhere and complies with the following: The image or message shall be static or fixed and lasting no less than ten (10) seconds; The image or message shall change to another image or message in a period of two (2) seconds or less; The image or message shall not be animated, flashing, scrolling or contain video imagery; The image or message shall adjust its brightness as ambient light levels change SO as not to be visually distracting; and The electronic or digital sign shall contain a default design that will freeze the sign's image or message if a malfunction occurs. Where the requirements of Chapter 12, Article 12.1000 "Sign Regulations" of the Code of Ordinances conflicts with this development plan, the requirements of this development plan shall prevail. Lighting. All lighting shall comply with the same regulations for lighting in the City's Code of Ordinances. Parking requirements. Parking requirements shall be the same as those required in the City's Code of Ordinances Section 12.610. Unless otherwise specified in this development plan, all other requirements oft the City's Code of Ordinances, as amended from time to time, shall apply to this MUZD. Non-conforming uses. Establishments that are in operation as of the date of final passage and adoption oft this development plan and are: not permitted by right under this development plan, are hereby deemed legally non-conforming uses and must comply with the City of Orange Code of Ordinances Chapter 12 "Planning and Zoning" Section 12.306 "Application of and Compliance with the Zoning Ordinance". Page 42 of 71 Attachment B - - y MAMAMHSSNOT / - MU: /5.22 NCOL N MUZD GANS 7.26.22 BARKINS A - A - a - 3 - SON - : - - - - EAURCH - AVE. RINE M. [ ALZ V - - / - Page 43 of 71 Aulchor Dr - 2 EMA € EES Gaaye Op E - 309684 Lotcher Da 8 318995 2 18995 2 219685 82x € Lincolno 429 318764 n W'er LA -. 313508 8 4543 1317672 6 76 d 3 Gansty E322363 18A4 325066 4. E 0 4 E 21 & 8405 51 88 51661 55282 - I Barkins/Avo 52292 Dolari Gonpal 5 5257 à 9 57883 8 60 8 - BarknSAve Barkins St SG E Barkins 3 3 - 2 a 58566 52458 8 1642 - I 35290 2253 - 78 185. - Church SG 22136 pSoR - 8 22321 2 3 - yD7 5 29259 1399 - PutnamAve Eadsi we - E I 5 37 Page 44 of 71 D 10 Aptehor Dn 90 PP1 Dp - 47 a E E 41474 Lucher Do 309684 1473 40587 318995 318996 309685 182 41475 87 9 oin DLincoln L. & 429 L A 318764 3/3536 1249 4125 52 22517 SA 1: 313508 9) 11543 2252122124 22126 22525 31767 18619 18414 Bmptp 325066 3 2322363 18610 22531 7611 22128 21885 321521 9 - 8 47684 57848 51661 55282 17603 57829 8 DSAVO 52292 Delani Benpeal 57823 52462 21895 1864 57901 57844 57888 et 57785 57780 52472 52480 25 1833 3 Barkinst Ave W Backina S3 Barkins SG 821888 218807774 22786 18395 SA 58566 51647 51653 2 57774 487945 54 22134 - 57789 52453 48790 51642 73 57797 '325 2253 57859 35290 y 22561 486774 S $7327 48813 - 57863 7678 58585 55856 à 22333 Church S3 47680X 4 22557 E 22161 5 353 3 C 22136 on! 52357 '312 A7937 CE a 0 4 7310 47940 22321 & 4 31402 28635 284/5 29269. 55526 5355352756 $5528 B1399 87 55518 W 55530 28629 VPuinemANO e EedsAvo. 31223 28625 28374 55524 53582 53431 55532 28380 I B2398 1.58366 52737 5.3445 5553 5 3 Page 45 of 71 Land Use Matrix-Effective June 25, 2024 Landi Use Matrix P=Permitted Use X=NOtP Permitted SEES Special Exception AA-Requires Approval by Administrative Action (Refer tot the Standard Industrial Classification Manual, Unlted States Office of Management: and Budget) LAND USES SICC Code MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC I Cove Agriculture, forestry, andfishing 1 Agriculture Production-crops x x x X x X X X x x P 017 Fruita and NutT Trees SE SE SE SE SE SE SE SE SE SE X 018 Horticulturals Specialties SE SE SE SE SE SE SE SE SE SE x 019 GeneralF Farms, Primarily Crops SE SE SE SE SE SE SE SE SE SE X 02 Agriculture x X x X X X X x X X P production livestock anda animal specialties 07 Agriculture Services X X x x x 07 Small animal boarding! kennels P 08 Forestry x x x x x x x x x x X 09 Fishing, huntinga and X x x x P P P P P P P trapping Metals 10 Metal mining X x X X x x x x X X X 12 Coal mining X x x x x X x x x x x 13 Oila andg gase extraction AA AA AA AA AA AA AA AA AA AA AA 14. Mining quarrylng of x x x x x SE X X x X SE nonmetallicn minerals, except fuels 15 Building construction X x X x X SE x x X x SE -generald contractors ando operative bullders 16 Heavy construction SE SE SE SE SE SE SE SE SE SE SE othert thant building construction contractors 17 Construction- special x X X x X P P P SE P P trade contractors Manufacturing 20 Food andk kindred x x x x X x X x X x P products 2084 Wineries, manufacturing x x x x x x x x x P P 21 Tobacco products X X x X X X x x x x P 22 Textile millp products x X x X x x X X x X P 23 Apparel and other X x x x x x x X x X P finishedp products madet from fabrics ands similar materials 24 Lumbera andv wood x X X X X x X x x SE P products, except furniture 25 Furniture: andf fixtures X x X X X x x x x X P 26 Paper anda allied X X X x x x X X X x P products 27 Printing, publishing x x X x X x X SE x X P anda alliedi industries Page 46 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S CS OTC IDC Cove 28 Chemicals anda allied X X x x x x X x x X P products 29 Petroleumr refining X x x X x X x X X X P and relatedi industries 30 Rubber and X x x x X x X x X x P miscellaneous plastics products 31 Leather and! leather X x x x X X X X x X P products 32 Stone, clay, glass and x x x x X X X X X X P concrete products 33 Primary metall industries X x x x x X x x x X P 34 Fabricatedr metal X X X x X x x x x X P products, except machinerya and transportation equipment 35 Industrial and X X X X X X X X x x P commercial machinery and computere equipment 36 Electronic ando other X X x x x X X x X x P electrical equipment ando components, except computer equipment 37 Transportation X x x X X X X X X x P equipment 38 Measuring, X X x X x X X x x X x analyzing, and controlling instruments; photographic, medical ando optical goods; watches and clocks 39 Miscellaneous X X X X x X x X X X P manufacturing industries 40 Rallroad X X x x x SE SE SE SE SE P transportation 41 Local ands Suburban x x x x SE SE SE SE SE P P transit andi interurban highway, passenger transportation 42 Motort freight x X X x X SE SE SE SE SE P transportation: and warehousing 4225 Minlwarehouse x x x x P P SE SE SE SE P warehousing (nol larger than3 3000 s.f.) 43 Uniteds States Postal SE SE SE SE P P SE SE P P P Service 44 Watert transportation x X x x x P x P SE SE P 45 Airti transportation X X X x SE SE SE P SE P SE 45 Airports, flying fields X x x x X x x x x x SE anda aircraft terminal services 46 Pipelines, except SE SE SE SE SE SE SE SE SE SE SE naturalg gas 47 Transportation X x X X SE P P P P P P services Page 47 of 71 LANDI USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC - Cove 472 Arrangement of Passenger x X x P P P P P P P X Transportation 474 RentalofR Railroad Cars X X x P SE SE SE SE SE SE P 478 Miscellaneous Services Incidental X X x P SE SE SE SE SE SE P tol Transportation 48 Communications x X X x x SE SE P SE P P 49 Electric, gas and X X X P SE SE SE SE SE SE P sanitarys services Wholesalel Trade 50 Wholesale trade- x X x P SE SE SE SE SE SE P Durable goods 50 Scrap metal collection, salvage or X X X X X SE x x X x P storage 51 Wholesalet trade- x X X x x SE SE SE SE SE P Nondurables goods 5182 Wine-wholesale x x x x x x x x x P P Retaill Trade 52 Buildingn materials, x x x X x P P P SE P P hardware,8 garden supply 52 Manufactured! Home X x X X X SE X X P P SE Dealers 53 Generalr merchandise x X x X P P P P P P X stores 54 Foods stores x x x X P P P P P P x 55 Automotive dealers x x x x x P P P x P X 55 Gasoline service x X X x P P P P P P x stations 56 Apparela and x x X X SE P P P P P x accessorys stores 57 Home furiture, x x X X SE P P P P P X furnishings and equipment stores 58 Eating ando drinking X X X x P P P P P P x Places (50% ofi incomer must be from foods sales) Bars/lounges x x x x x P x x x X X 5813 Wine, on-premisec consumption X X X X X P x X x P P ifwinei is producedo on site (does notr requiret that! 50%0 ofi income must come fromi food sales) 59 Miscellaneous retail x x X x P P P P P P x 5921 Liquor Stores X X x x SE P P P P P x 5983 Fuel Oil Dealers X X x x SE P P P P P x 5984 Liquified Petroleum Gas (Bottle X X X X SE P P P P P x Gas) Dealers 5989 FuelD Dealers, note elsewhere x X X X SE P P P P P x classified 5993 Tobacco Storesa ands Stands and x x x x X X x X X X X stores predominately: selling electronics smokingo devices ("vapes shops") Finance, insurance 60 Depository X x x X P P P P P P x andr real estate Institutions 61 Nondepository x x X X P P P P P P x institutions 62 Security, and X x x x P P P P P P X commodity brokers, dealers, exchanges ands services 63 Insurance carriers x x x x P P P P P P X 64 Insurance agents, X x X X P P P P P P x brokers, ands service 65 Reale estate x X x x SE P P P P P X Page 48 of 71 LAND USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 CS C-S OTC IDC - Cove 67 Holdinga ando other x X X x SE P P P P P x investment offices Services 70 Hotels, motels x X x X x P P P P P x 70 B&B Bs, rooming! houses SE SE SE x SE SE P P P P x othert than! lodgingp places 70 Camps/campgrounds, X X x X X P SE x x SE x recreationaly vehiclep parks must be adjacent tol Highway 62 72 Personals services x x X x P P P P P P X 73 Businesss services x X x x P P P P P P x 75 Automotiver repair, x x x X X P x SE x P X services, andp parking 75 Automotive detail shop SE 75 Automobile rental x x X X P P P P SE P X 76 Miscellaneousr repair X X X X X P SE P x SE X services 78 Movie andv video X X x X P P P P P P x production 79 Amusement and X x X x P P P P P P x recreation: services 794 Commercials Sports x x X x SE SE SE SE SE SE SE 799 Miscellaneous Amusement and x X x X SE SE SE SE SE SE SE Recreation Services 7999 Shooting Ranges (operations of)- SE SE SE SE SE SE SE SE SE SE SE temporary 80 Health: services x X SE x P P P P P P X 81 Legals services X X X x P P P P P P X 82 Educationals services X SE SE x P P P P P P x 82 Private Schools SE SE SE SE P P P P P P x 83 Social Services SE SE SE SE SE P x x SE SE x 8351 Day Care SE SE SE SE P P SE X SE SE x 8361 Homes for destitute x X SE x SE P P P P P x men and women 84 Museum, art, x x x X P P P P P P x galleries, and botanicala and zoological gardens 86 Membership SE SE SE SE P P SE P P P x organizations 87 Engineering, x x x S P P P P P P X accounting, research, management, and relateds services 88 Privatel households P P P P P P P P P P x 89 Miscellaneous X X SE X P P P P P P x services Public Administration 91 Executive, P P P P P P P P P P P legislative, and generalg government except finance 92 Justice publico order, P P P P P P P P P P P and safety 93 Public finance, X x x X P P P P P P x taxation,a and monetarypolicy 94 Administration of x X X X P P P P P P x human resource programs 95 Administration of X x X x P P P P P P x environmental quality and! housing programs 96 Administration of x x x x P P P P P P x economicy programs Page 49 of 71 LANDL USES MAJOR GROUP R-1 R-2 R-3 R-4 C-1 C-2 C-S C-S OTC IDC COVE 97 Nationals security: and x X X X P P P P P P x Internala affairs Single-Familyc detached N/A N/A P P P P x x P P x X x homes Apartments N/A N/A X x P x P P P P SE X x Duplex N/A N/A x X P P x X P P x x X Townhomes N/A N/A X X P P x x P P SE X X Condominiums N/A N/A X X P P x x P P SE X X UD- Code N/A N/A X X x P X X X X X X X manufactured! homes andp parks Mobile! Homes N/A N/A X X x x X X X x X x X HUD Code N/A N/A SE SE SE SE SE SE SE SE SE SE SE Temporary FEMA manufactured! homes andp parks Cellular Towers N/A N/A X x X X x SE SE P SE P P Page 50 of 71 PLANNING AND ZONING COMMISSON MEETING MINUTES TUESDAY, MARCH 4, 2025 Commissioners Present: Michael Hennigan. .Chairman George Mortimer. Vice Chairman Jamie Wilson Commissioner Joseph Angelle Commissioner John Jefferson III.. Commissioner Becky' Westmoreland Commissioner Commissioners. Absent: Daryl Cowart.. Commissioner City Council Members Present: None Staff Present: Kelvin Knauf, Director of Planning & Community Development Wendy Lloyd, Planning Secretary Jay Trahan, Assistant City Manager & EDC Director Chairman Hennigan called the Planning & Zoning meeting to order at 5:30 p.m. CITIZEN COMMENTS None PLANNING & ZONING COMMISSION DISCUSSION/ACTION ITEMS a. Consider a recommendation to the City Council on a final plat for the Orange Gardens Phase II subdivision, a subdivision being 13.12 acres of land in the John Harmon Survey, Abstract Number 12, in Orange County, Texas. Mr. Knauf briefed commission: Recommendation to City Council on final plati for Orange Gardens Phase 2 subdivision. The subdivision is 13.12 acres of land in the John Harmon survey, affecting 12 in Orange County, Texas, located on Highway 105 near Highway 62. It consists of 75 single-family lots. - Infrastructure has been installed. Chairman Hennigan stated sO they have completed all three items at this time. Mr. Knauf stated yes. Commissioner Wilson motioned to recommend approval Vice Chair Mortimer 2nd Vote: 6-0 Motion Carries b. Discussion concerning possible re-zoning of properties along the west side of 16th Street from Interstate 10 to Putnam Avenue and from 16th Street to 17th Street. 1 Page 51 of 71 Mr. Knauf briefed commission: The city manager requested a review of the zoning on the west side of 16th Street due to development on the east side. The area east of 16th Street is zoned "MUZD district," while the west side is zoned 'commercial special," allowing light commercial and residential uses to intermingle like insurance agents, restaurants and those kinds of things. There are some vacant properties in the area, including behind Modica Brothers, smaller vacant lots, the dry cleaners site that is now vacant, and two lots north of it where several houses were torn down, and some properties north of Putnam Plaza. The Planning and Zoning Commission is to discuss how they would like to see the west side of 16th Street develop and what kind of businesses they would like to see there. Discussion summarized: One member suggests the city needs retail, like a little shopping mall. One member suggests that it makes sense to have the same zoning as the east side. Another member suggests retail and sit-down restaurants are needed, not another car wash. The current zoning allows for businesses such as restaurants and other retail locations. Rezoning could allow the cityto list permitted or prohibited land uses or those permitted only by special exceptions. One member would liket to see boutiques and clothing stores. There are two lots behind Taco Bell, and another open lot. One member suggests something like the: shops in Baytown, with Target, Walmart, Walk-On's, and Chipotle. Property Lots and Space There are two lots behind the property and two lots to the north and west. There is good space to aggregate all the lots. Determining Depth for Development Consider existing uses, street patterns, and traffic capacity. Residential areas benefit from light commercial buffers. Lot layout affects traffic concerns. Concerns about Appearance Avoid a' "junky" look coming off 16th Street. Prefer something like in Mont Belieu whatever you see all the shops with diverse food spots (Wing Stop, Chipotle). Suggests a strip mall with multiple spots and more dining/restaurants than ice cream. Desired Businesses and Development Desire for a strip center with multiple dining restaurants and some retail space (boutique, bakery). Ideally, an Olive Garden or Cheddar's-like national chain restaurant. Need space for ample parking. Rezoning and Business Development Rezoning is necessary to attract businesses. The east side of 16th Street is flourishing and the same is desired for the west side. Mixed-Use Zoning Suggests creating another mixed-use zoning district on the west side. - Mixed-use zoning districts can have different regulations. - Mixed-use zoning provides flexibility and can be amended in the future. Current Zoning and Drawbacks 2 Page 52 of 71 Currently, the zoning is C1, CS Commercial, and C2 (Commercial 2). Zoning is a guessing game, and desired businesses may not match what locates there. Benefits of Mixed-Use Zoning Mixed-use zoning offers flexibility for changes. The city has proven it is open for business. Success on the east side will attract larger retailers and chains as that is prime real estate. Specific Business Preferences No need for another donut shop. Focus on diversity in businesses. Location Considerations - The location in question is near a house and could be suitable for a corner. store. It's easily accessible from and onto 10, making it ideal for a restaurant. Growth and Development Growth is important for the city through property taxes, oil taxes, hiring, and sales tax. - There is a desire to influence the type of businesses that come into the area, rather than just accepting anything. Zoning and Business Types The current zoning may need to be adjusted to attract desired businesses. The east side of the city allows for more diverse businesses compared to the west side. Desired VS. Undesired Businesses There's a desire for more sit-down dining experiences rather than fast food restaurants. Concerns exist about having too many dollar stores, donut shops, or pizza places. Mixed-Use! Zoning - Mixed-use zoning provides flexibility in determining what types of businesses are allowed. - It allows for the possibility of specifying desired uses and prohibiting others. Specificity and Flexibility - Mixed-use zoning allows for specificity and flexibility in development. "Growth is growth. But let me tell you what don't want on the corner. I don't want a strip club on the corner." I Amending the Ordinance - The ordinance can be amended to include specific uses, such as computer sales, if needed. The location is considered prime real estate and shouldn't be used for drive-throughs or car washes. Car Washes There is concern about another car wash being built in the area, especially given the existing one across the street. - A corporation could potentially purchase the property and build another car wash despite the existing competition. Retail and Restaurant Development The goali is to attract retail, restaurants, and sit-down restaurants to increase traffic off the interstate. Success in the area will increase property values, potentially attracting larger retail and restaurant chains. Amending the MUZD is possible ifr needed. Residential Development Concerns about traffic and other issues arise with residential development. 3 Page 53 of 71 There's consensus against building houses in the area. Future apartment complexes could be considered ift the situation changes after initial development. Quality and Regulations Cities used to regulate quality through masonry and material requirements, but the legislature has taken away that power from cities. Creative ways to ensure quality, like minimum lot sizes, could be considered. PLANNING & ZONING APPROVAL OF MINUTES a. Consider the minutes of the February 4, 2025 Planning and Zoning Commission regular meeting. Commissioner Wilson motioned to approve Commissioner Jefferson 2nd Vote: 6-0 Motion Carries Chairman Hennigan adjourned the Planning and Zoning Commission meeting at 6:11 p.m. 4 Page 54 of 71 City Council Meeting Page 55 of 71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS CONDITIONALLY APPROVING A PRELIMINARY PLAT SUBMITTED BY RESERVE AT MALLARD LAKES LLC FOR THE RESERVE AT MALLARD LAKES PHASES 2A & 2B, LOTS 120-230, A SUBDIVISION BEING 24.712 ACRES OF LAND IN THE J.E. WHITE SURVEY, ABSTRACT NO. 285, ORANGE COUNTY, TEXAS; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, Reserve at Mallard Lakes LLC: has submitted a preliminary plat for The Reserve at Mallard Lakes Phases 2A & 2B, Lots 120-230, a subdivision being 24.712 acres of land in the J.E. White Survey, Abstract No. 285, Orange, County, Texas and being located in the City of Orange; and WHEREAS, the City staff has thoroughly reviewed the preliminary plat; and WHEREAS, the preliminary plat does not meet the ordinances oft the City of Orange in the following ways: Item 1. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Location and sizes of utilities on and adjacent to the property. Comment: In a plat note, state the size of the water main(s) and sewer main(s) that will serve each phase. Item 2. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). A utility map showing the location(s) where the water and sewer systems connect to the City water and sewer systems, location ofv water service lines within the subdivision, capacity of the City water and sewer system to serve the proposed subdivision, the size of pipe used to provide water and sewer service within the subdivision, and the calculations for average daily demand and peak demand for the water and sewer systems in the subdivision. Ifno connection to City water and sewer systems is required, an explanation as to how water and sewer service is being provided. Ifa Municipal Utility District or other public utility district is to provide water and/or sewer service, a letter from the Municipal Utility District or other public utility district is required to be submitted as part of the application indicating whether or not the district can provide water and/or sewer service in compliance with Texas Commission on Environmental Quality (TCEQ) regulations. Comment: Place symbols on the plat showing where the water main(s) and sewer mains(s) will tie into the water main(s) and sewer main(s) for' The Reserve at Mallard Lakes Phase I. Provide in a separate document, the calculations for the average daily demand and peak demand for the water and sewer systems. Item 3. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). For property located in Orange County, Texas: Verification by the applicant of compliance with the Orange County Drainage District Criteria Manual adopted by the City of Orange. Comment: Provide documentation from the Orange County Drainage District that the proposed drainage meets the requirements of the OCDD Drainage Criteria Manual. Item 4. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Proof of ownership of the property. Comment: Provide a deed or other proof of ownership of the property. Page 56 of 71 Item 5. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). A plat note stating "EASEMENTS SHOWN HEREIN INCLUDE THE RIGHT OF PUBLIC ENTITIES TOI REMOVE. ALL TREES WITHIN THE EASEMENTS AS WELL. AS THE RIGHT TO TRIM OVERHANGING TREES OR SHRUBS LOCATED ON' THEI PROPERTY BELONGING TO OR BEING A PART OF THIS SUBDIVISION". Comment: Provide the required plat note. Item 6. Ordinance requirement (Code ofOrdinances Section 9.109-Preliminary and final plat requirements). For property located in Orange County, Texas: A plat note stating "NO CITY BUILDING PERMITS SHALL BE GRANTED UNTIL ANY DRAINAGE PLAN REQUIRED BY THE ORANGE COUNTY DRAINAGE DISTRICT HAS BEEN. APPROVED AND PROVIDED TO THE CITY". Comment: Provide the required plat note. Item 7. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Affidavit of ownership. Comment: Provide an affidavit of ownership. Item 8. Ordinance requirement (Code of Ordinances Section 9.109-Preliminary and final plat requirements). Letters of approval from the utility companies covering proposed utility installations and easements and approval oft the Orange County Drainage District as to anyi improvements impacting the facilities of the Orange County Drainage District. The letter of approval from the Orange County Drainage District does not apply to property located in Newton County. Comment: Provide a letter from Entergy that they can serve the proposed subdivisions and agree to the proposed easements and, if gas is to be provided, a letter from Centerpoint that they can provide service to the proposed subdivisions and agree to the proposed easements. Item 9. Ordinance requirement (Code ofOrdinances Section 9.109-Preliminary and final plat requirements). Names of streets. No street may have a name sO similar as to cause confusion with an existing street. Comment: The proposed "Green Wing Way" is too similar in name to the Green Wing Lane located just south of the Orange city limits. Also, the proposed "Pintail Road" is too similar in name to the "Pintail Lane" located just south of the Orange city limits. The 9-1-1 District has stated that any of the following names would be acceptable for the proposed streets: i. Tealwing Road ii. Harlequin Road iii. Gadwall Road iv. Cinnamon Teal Road Item 10. Ordinance requirement ((Code of Ordinances Section 9.114(3)C)-Design Standards)). Street Materials and Design. All streets, curbs and gutters inside the city limits shall be concrete and shall conform to the design standards required by this article and shall be constructed in a workmanlike manner. Streets in the extraterritorial jurisdiction located more than one-half (0.5) miles from the city limits may be constructed of asphalt. Page 57 of 71 Comment: The typical roadway section for the proposed streets does not meet the Code since they propose asphalt streets. The streets are required to be constructed of concrete. Item 11. Ordinance requirement ((Code of Ordinances Section 9.114(9)(B). The size, location, grade, type and other factors relative to all waterlines within aj proposed subdivision shall be subject to the approval ofthe director of public works based on municipal standards and specifications. Comment: The water line on Canvasback Drive dead ends. The water line needs to be looped into the City's water system. Item 12. Ordinance requirement (Code of Ordinances Section 9.14 (11)(A)). A general plan for drainage within the subdivision shall be prepared by the subdivider's engineer showing the drainage areas. Such plan shall include, but not be limited to: i. Drainage area; ii. Discharge quantity in cubic feet per second; iii. Sizes of all pipes, culverts, ditches, boxes, catch basins, detention ponds, retention ponds, and other drainage facilities; iv. Right-of-way widths for drainage ways within the subdivision; and V. Elevation for each lot indicated in the center of each lot. Comment: Provide a metes and bounds legal description for the detention pond. Also, please provide a plat note stating the elevation of the property. Item 13. Ordinance requirement (Code ofOrdinances Section 9.1143)D)-Design Standards)). Street Offsets. Offset streets for arterial and collector streets shall be avoided. Offset streets for local (residential) streets is desired provided the offset is in excess of one hundred twenty (120) feet measured between the closest right-of-way lines. Comment: The proposed Green Wing Way street does not meet the 120 foot requirement. Item 14. Other Comment: Please change "Alley Payne Road" to "Allie Payne Road" on the street and in the legal descriptions. Comment: In the upper left hand corner it states "THE. RESERVE AT MALLARD LAKES PHASE 2A AND 2B IS SUBJECT TO THE SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITION,AND RESTRICTIONS FOR ORANGE GARDENS FILED WITH THE COUNTY CLERK OF THE ORANGE COUNTY, TEXAS ON THE DAY OF 2025. FILE NO. > Change "PHASE" to "PHASES" and "CONDITION" to "CONDITIONS". Also, the reference should be to The Reserve at Mallard Lakes Phases 2A and 2B rather than to Orange Gardens. Comment: Plat note 1 refers to a "500-TEAR FLOOD". Change to a "500-YEAR FLOOD". Comment: Plat note 13 refers to no City building permit being granted until the drainage plan has been approved and provided by the City. Change SO that it reads provided to the City. Comment: Please change "DETENTION POND" to "STORMWATER DETENTION POND". Comment: In multiple places, including the title block, it refers to "RESERVE ATI MALLARD LAKES PHASE 2A AND 2B". Change to "THE RESERVE AT MALLARD LAKES PHASES 2A AND 2B" to be consistent with "The Reserve at Mallard Lakes Phase j" and to make it grammatically correct. Page 58 of 71 Comment: In the Dedication block it refers to "Orangefield Gardens Development, LLC" as owner. However, plat note 14 and the application refer to "Reserve at Mallard Lakes, LLC" as the owner. The owner identification needs to be consistent. Also, the word "THIS" is duplicated; and WHEREAS, the Planning and Zoning Commission considered the replat on May 6, 2025 and voted to recommend that the City Council conditionally approve the replat dependent upon all requirements of the ordinances of the City of Orange being achieved; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS Section 1. That the preliminary plat submitted by Reserve at Mallard Lakes LLC: for The Reserve at Mallard Lakes Phases 2A and 2B, Lots 120-230, a subdivision being 24.712 acres of land in the J.E. White Survey, Abstract No. 285, Orange, County, Texas and being located in the City of Orange and attached to this resolution as Exhibit "A"is hereby conditionally approved dependent upon all requirements of the ordinances of the City of Orange being achieved. Section 2. That this resolution shall become effective upon adoption by the City Council. PASSED, APPROVED and ADOPTED by the City Council on this the 6th day ofl May, 2025. Larry Spears Jr., Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary City Attorney Page 59 of 71 ExhibitA am : 315 35 E 6 a 3 - 3 aa9sassaa BIy a : 6 - Vuo Jwuo a - dV 3 HLHON 3N81, F y M a HIBON 080, S 2a - 5 a S6 de E 94 s SLp7 5 B 95 9 5 565 3319 a 3 : : 4 EsE : 5 9 : ls E 2 E 51 y a y E 8ye a 3 E 2y - : 8 - 2 Sils E ( % : g I B a 6 L5 : 3 * I a 8 I 3 9 5 - - 2 5 E a a 1 ja 4 I s : : 8 : 3 1 9 349 B 1 - a : - : 29 d 2 E e 1 a 8 1 - 8 & a : X I 5 E A s 9 E I 5 5 de : 3E E - : % I - - : I : 2 1131 524 7a8 824183 - 166 44 86 1 621768 1100 21738 11 611133 iliag 11133 e - 2 I 5 33 E - aitias ailias 21733 al33 366 821156 6113s8 E e 2 1168 21168 :24168 ailes atial E 85 hai t 16 a - Ai182 2i188 1E1 1 a 1 & i 2 - a : : 5 S 5 , s : - 1; : : : : 1 1 9 1 : 5 1 1 - # a E 3 3 4; 1; 3 A 5 : a : 1 L! : I # 1 I a - 5 : : : : 1 B i ij : 8 ; . ! 9 : a - fil js E ill: a : i t : I ! : y 1 35 : : 3 - i! : A & j A $ m y $ $ : of a - as a! B : - - i : - : Tll : 1 a . i I 5 2 it j I 5 5 : ; E i - Iy 1 I - j 1 : I: E ai i di - i J 1 1 * 3 : : : I ERi : si 1 - a # : ju 8 a i - 5 I a II I E a - A jI a 3 I 1 2 - 2 1 3 3 I 8 il! 1 A i : - I f5: - 51 - - I I I ai : - I I I : 1 : a a 41 ! a 7 : - I li 45 : f t y 8 : 3 I : i i ; t fy i : a a I 5i sil - a f * : - B : 2 r I 5 I , #! I I - :: 1 i 1 1 - B aj I 1 1 : : y a a Ei t a E $ S 111 ili E 3 l I A i II ii B li i! Bl a : i I a E ia i 1 11 I Hiill Hl I 2 Ai I H a a H H ia 1 Il 1 a 1 il A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS CONDITIONALLY APPROVING A REPLAT SUBMITTED BY CHARLES L. AND BEVERLY A. GETZ FOR LOTS 1 THROUGH 6, BLOCK: 32, AMENDED SHELDON SURVEY, VOLUME K, PAGE 47, DEED RECORDS OF ORANGE COUNTY, TEXAS INTO TRACT 1-A; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, Charles L. and Beverly A. Getz have submitted a replat for lots 1 through 6, block 32, amended Shelden Survey, Volume K, Page 47, deed records of Orange County, Texas into Tract 1-A and being located in the City ofOrange; and WHEREAS, the City staff! has thoroughly reviewed the replat; and WHEREAS, the replat does not meet the ordinances of the City of Orange in the following ways: Item 1. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Proposed name of the replat, which shall incorporate the name of the original subdivision but shall explicitly state "Replat ofl lots number into lot(s) number - in the 1 subdivision. The name of the replat shall be shown in the title block in the lower right-hand corner oft the plat. Comment: Re-write the title to comply with the ordinance requirement. Item 2. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). The location of front, side and rear building setback lines. Building setback lines shall conform to the zoning ordinance. Comment: The property is zoned C-2 Commercial. The building setback lines for the C-2 zoning district are: front-15 feet, rear-10 feet, corner side-10 feet, interior side-no setback requirement. Show the building setback lines. Item 3. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Location and sizes of utilities on and adjacent to the area proposed for replatting. Comment: Show the sizes and locations of the water (in blue) and sewer (in red) mains as shown below: Page 61 of 71 3 4 * 12 12 DON 5 4 1-1/2' 2 1-1/4 12 5" o 12 BLK 32 45 SHELDON 39 Item 4. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Address number of each lot as determined by the Public Works Department of the City or by the South East Texas Regional Planning Commission. Comment: Show the address as 303 10th Street. Item 5. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Affidavit of ownership. Comment: Provide an affidavit of ownership. Item 6. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Benchmark elevations shall be shown near the center of each lot. Page 62 of 71 Comment: Show a benchmark elevation near the center of the proposed lot. Item 7. Ordinance requirement (Code ofOrdinances Section 9.112-Preparation and processing of replats). A plat note stating "ALL: INTERIOR DRAINAGE SHALL BE: DIRECTED TO DRAINAGE STRUCTURES OF ADJACENT STREETS TOI PREVENT ANY ADDITIONAL RUNOFF CREATED BY NEW CONSTRUCTION FROM AFFECTING ADJOINING LAND OWNERS. FURTHER, ANY AND ALL FUTURE DEVELOPMENT ON THE SUBJECT PROPERTY MUST COMPLY WITH THE ORANGE COUNTY DRAINAGE DISTRICT'S CRITERIA MANUAL AND REGULATIONS, IF APPLICABLE". Comment: Provide the required plat note. The current plat note has INTERIOR DRAINAGE" and ADJACENT STREETS" switched. Item 8. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). A plat note stating "EASEMENTS SHOWN HEREIN INCLUDE THE RIGHT OF PUBLIC ENTITIES TO REMOVE ALL TREES WITHIN THE EASEMENTS AS WELL AS THE RIGHT TO TRIM OVERHANGING TREES OR SHRUBS LOCATED ON THE PROPERTY BELONGING TO OR BEING A PART OF THIS SUBDIVISION". Comment: Provide the required plat note. Item 9. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). [For property located in Orange County and the City of Orange] A plat note stating "NO CITY BUILDING PERMITS SHALL BE GRANTED UNTIL ANY DRAINAGE PLAN: REQUIRED BY THE ORANGE COUNTY DRAINAGE DISTRICT HAS BEEN APPROVED AND PROVIDED TO THE CITY". Comment: Provide the required plat note. Item 10. Ordinance requirement (Code ofOrdinances Section 9.112-Preparation and processing of replats). [For property located in Orange County] Approved by the Orange County Drainage District General Manager on this day of Neal Ford, General Manager Comment: Underneath the signature line for the Drainage District, please add "Neal Ford, General Manager". Item 11. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). Certification by the Mayor This replat has been submitted to and considered by the City Council of the City of Orange, Texas, and is hereby approved. Larry Spears Jr, Mayor ATTEST Patricia Anderson, City Secretary Page 63 of 71 Comment: Re-write the City signature block as specified in the ordinance. Iti is picky, I know, but that is the ordinance requirement. Item 12. Ordinance requirement (Code of Ordinances Section 9.112-Preparation and processing of replats). FILED FOR RECORD AT O'CLOCK AM ON THE DAY OF 20 INV VOLUME PAGE OF THE MAP RECORDS OF ORANGE COUNTY, TEXAS BY BRANDY ROBERTSON, ORANGE COUNTY CLERK. BRANDY ROBERTSON, ORANGE COUNTY CLERK Comment: Add the required signature block. Item 13. Other. Comment: Plat Note 7 states that it is zoned R-1 Low Density Residential. It is actually zoned C-2 Commercial (the property is considered legal non-conforming- "grandfathered". Change to reflect the correct zoning district; Comment: Provide a ten foot (10') utility easement along the 10th Street side. The City has two large diameter force mains on that side of the street under the edge of the pavement; and WHEREAS, the Planning and Zoning Commission considered the replat on May 6, 2025 and voted to recommend that the City Council conditionally approve the replat dependent upon all requirements ofthe ordinances of the City of Orange being achieved; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THIE CITY OF ORANGE, TEXAS Section 1. That the replat submitted by Charles L. and Beverly A. Getz for lots 1 through 6, block 32, amended Shelden Survey, Volume K, Page 47, deed records of Orange County, Texas into Tract 1-A and being located in the City ofOrange and as shown on Exhibit "A" to this resolution is hereby conditionally approved dependent upon all requirements of the ordinances of the City of Orange being achieved. Section 2. That this resolution shall become effective upon adoption by the City Council. PASSED, APPROVED and ADOPTED by the City Council on this the 6th day of] May, 2025. Larry Spears Jr., Mayor Page 64 of 71 ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary City Attorney Page 65 of 71 Exhibit A B 3 3 g 3 9 55 E 3 g a 3 E 9 13 S R 83 1 3 e 83 - 8 E g E # 3 E - C 8 9 2 E 3E - E 8 I B 3 a a I 3 Ey 3 I E - 49 I 5 B81 : E K E B E 4 85 I E 0 I I E 3 8 I S I 1 8 I 3 3 - I a 8 3 * ! 3 1 3 I E Fy - 3 B yo 33 3 00 H 3 4 aE 5 9 - a 32 I 38 2 4 3 8: e * I 38 8 - a ENC * : R a : 1t E 1 : 5 : II # 1 6 S w I E R 111 - I 3 : 5 - # 1 H B E E : 1 * 5 I e j i - i : : a 3 ER - B B lui B i 5 : & S - Is; B FI ! di a I E B i, 3 - * l 3 I 3g : i 1 21 21 I E 8 1 H ! I : 11 : E - a 1 i, - B & 1 - a - a I E S 5; e - 3 11 S I € 55 i I i: 3 L - 5 fa ai 7 - - aii 3 a 1 a a1 87 1 5 0- 4 1 / s i ! D 1y 12 1: a I e 11 7 lhi l Ii 1 Wi A A ! a % & Ca - A - S a - 8 - & 8 & i I 3 8 a 4 . a - $ & / a & 8 . a - A0 : CR I 5 Ius - u i : i 1 S e à ' S 53 * a MEMORANDUM To: Mike Kunst, City Manager From: Kelvin Knauf, Director of Planning and Community Development Subject: Consider and possible action on an ordinance amending the Orange Code of Ordinances, Chapter 4 "Business and Commerce" Article 4.1700 "Game Rooms" in its entirety by prohibiting amusement redemption machines and game rooms within the City of Orange Date: April 14, 2025 Recently, the Second Court of Appeals in Fort Worth in City ofFort Worth V. Rylie found that electronic gaming machines such as "eight liners" were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize. The Second Court of Appeals also ruled that city ordinances regulating such machines were: not preempted by the Texas Occupation Code. The Texas Supreme Court declined to hear an appeal of the Second Court of Appeals decision SO therefore the Second Court of Appeals decision stands. On October 24, 2023 the City Council adopted an ordinance providing for the regulation and permitting of game rooms and amusement redemption machines in the city. This ordinance was codified as Article 4.1700 "Game Rooms". Because of the Second Court of Appeals decision in the Fort Worth case, it is necessary to amend Article 4.1700 to prohibit game rooms and amusement redemption machines including eight-liners. Attached for your consideration is a proposed ordinance that amends Article 4.1700 in its entirety by prohibiting game rooms and amusement redemption machines, including eight-liners, in the City of Orange. This prohibition applies to all establishments in the City of Orange including but not limited to private businesses and non-profit organizations. The proposed ordinance assumes that the ordinance will be passed on May 6, 2025 but has an August 4, 2025 effective date to give establishments 90 days to remove their game rooms and/or amusement redemption machines. May 6, 2025 is a special meeting there is a preliminary plat on the agenda and the 30 day shot clock is in effect SO we are: recommending that the second reading of this proposed ordinance be on the same agenda. Page 67 of 71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING THE ORANGE CODE OF ORDINANCES, CHAPTER 4 "BUSINESS AND COMMERCE" ARTICLE 4.1700 "GAME ROOMS" IN ITS ENTIRETY BY PROHIBITING AMUSEMENT REDEMPTION MACHINES AND GAME ROOMS WITHIN THE CITY OF ORANGE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND OTHER MATTERS WHEREAS, the City Council previously adopted Ordinance 2023-17 providing for the regulation of amusement redemption machines and game rooms in the City of Orange, and WHEREAS, in City ofFort Worth V. Rylie, 563 S.W.3d 346, 352 (Tex. App. 2018), rev'd, 602 S.W.3d 459 (Tex. 2020), the Second Court ofA Appeals found that electronic gaming machines, amusement redemption machines that includes games that are: more commonly referred to as "eight-liners", , were unconstitutional because they are illegal lotteries as they require consideration for a chance to win a prize, and that city ordinances regulating such machines were not preempted by the Texas Occupation Code; and, WHEREAS, The Texas Supreme Court declined to hear an appeal of the case cited above, and WHEREAS, game rooms that operate amusement redemption machines, such as but not limited to eight liners, can have a deleterious effect on both the existing business around them and the surrounding residential areas adjacent to them, causing increased crime, such as gambling, theft, criminal trespass, criminal mischief, and burglary; and WHEREAS, game rooms that operate amusement redemption machines have objectionable operational characteristics contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect citizens from increased crime; preserve the quality of1 life; preserve property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the City Council believes that amusement redemption machines including but not limited to eight-liner machines and game rooms are detrimental to the health, safety and welfare of the citizens of Orange. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS Page 68 of 71 Section 1. the Orange Code of Ordinances Article 4.1700 "Game Rooms" is hereby amended in its entirety to read as provided in Exhibit "A"t to this ordinance. Section 2. Exhibit "A" attached to this ordinance is hereby incorporated into this ordinance as though written verbatim into the ordinance. Section 3. It is expressly ordained that if any section, or subsection clause, sentence or paragraph oft this ordinance, including the attached exhibits, shall be found to be illegal, invalid or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions ofthis 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, section or exhibit individually. Section 4. That all Ordinances that are in conflict with the provisions oft this Ordinance be repealed to the extent of such conflict and all other Ordinances of the City not in conflict with the provisions oft this Ordinance shall remain in full force and effect. Section 5. That, any person who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed the maximum amount allowed by the City of Orange Code of Ordinances Chapter 1 "General Provisions" Section 1.106 "General Penalty for Code Violations" of the City of Orange Code of Ordinances. In addition, the City may pursue other legal remedies as provided for in Exhibit "A" to this ordinance. Section 6. After this ordinance is approved upon second and final reading and publication as required by State law, it shall become effective on. August 4, 2025. PASSED AND APPROVED on first reading this the 22nd day of April, 2025. PASSED, APPROVED AND ADOPTED on final reading this the day of 2025. Larry Spears Jr., Mayor ATTEST: APPROVED AS TO FORM: Patricia Anderson, City Secretary Guy Goodson, City Attorney Page 69 of 71 EXHIBIT 66 A" ARTICLE 4.1700-CERTAIN AMUSEMENT REDEMPTION MACHINES AND GAME ROOMS PROHIBITED Sec. 4.1701- Definitions (a) The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them in this section, exception where the context clearly indicates different meaning: Amusement Redemption Machine. Any electronic, electromechanical or mechanical contrivance, including sweepstakes machines, designed, made, and adopted solely for bona fide amusement purposes, and that by operation of chance or a combination of skill and chance affords the user, in addition to any right of replay, an opportunity to receive exclusively non- cash merchandise prizes, toys or novelties, or a representation of a value redeemable for those items and is in compliance with Tex. Penal Code $47.01(4)(b). Amusement Redemption Machine does not include: 1) A machine that awards the user non-cash merchandise prizes, toys or novelties solely and directly from the machine, including claw, crane or similar machines; or 2) A machine from which the opportunity to receive non-cash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, varies depending on the user's ability to throw, roll, flip, toss, hit or drop a ball or other physical objects into the machine or a part thereof, including basketball, golf, bowling or similar machines. A representation of value means cash paid under authority of sweepstakes contestants as provided by the Tex. Business and Commerce Code $43, or a gift certificate or gift card that is presented to a merchant in exchange for merchandise. City Official. A police officer, code enforcement officer, fire marshal or building official of the City of Orange. Gambling Device. Any electronic, electromechanical, or mechanical contrivance that for a consideration affords the play an opportunity to obtain anything of value, the award of which is determined solely or partially by change, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, of facsimiles thereof, that operate by chance or partially sO, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits SO awarded and the cancellation or removal of the free games or credits. Page 70 of 71 Game room. A building, facility or other place where amusement redemption machines or gambling devices are present. Sec. 4.1702-Restrictions, Regulations, Controls and Limitations (a) It shall be an offense for any person, firm, or corporation to maintain, display for patronage or otherwise keep for operation by the patrons any amusement redemption machine or gambling device. (b) No person, firm, or corporation shall operate a game room within the city limits, nor shall game rooms be permitted in any zoning district. (c) Nothing contained herein shall be construed or have the effect to license, permit, authorize or legalize any existing or future machine, device, table, amusement redemption machine, gambling device or gaming machine, the keeping, exhibition, operation, display or maintenance of which is illegal or in violation of any ordinance of the city, any section of the penal code of this state, or the constitution of this state. Sec. 4.1703-Enforcement (a) In addition to prohibiting certain conduct by individuals, it is the intent of this section to hold a corporation or association criminally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of the agent's office or employment. (b) The City ofOrange Municipal Court Judge shall have the power to issue to the city official or their designee search warrants, or other process allowed by law, where necessary to aid in enforcing this section. (c) A person who violates any provision ofthis section is guilty of a separate offense for each day or portion of a day during which the violation is continued. Each offense is punishable by a fine in accordance with applicable law. (d) This section may be enforced by civil court action as provided by state and federal law. (e) In addition to the criminal offense and penalties prescribed in this section, the city may pursue other remedies such as abatement of nuisance, injunctive relief, administrative adjudication and revocation of licenses or permits. Any person found guilty of violating the provisions of this section shall become liable to the city for any expense, loss, or damage incurred by the city by reason of remediating such violation. Page 71 of 71