AGENDA BARTONVILLE PLANNING AND ZONING COMMISSION. Wednesday, September 5, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX 76226

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1 A. CALL TO ORDER AGENDA BARTONVILLE LANNING AND ZONING COMMISSION Wednesday, September 5, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :00.M. B. LEDGE OF ALLEGIANCE TO THE AMERICAN FLAG C. CITIZENS ARTICIATION: lease fill out a "Citizen articipation" form in order to address the Commission and turn the form in to the Town representative. Individual speaker s time shall be limited to three (3) minutes each and may be extended by an additional (3) minutes with the approval of a majority of the Commissioners present. A 20 minute time allotment is set for this section. The purpose of this item is to allow the public an opportunity to address the lanning and Zoning Commission on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "ublic Hearing." Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at during business hours. In accordance with the Open Meetings Act, the Commissioners may not discuss or take action on any item that has NOT been posted on the agenda. There will be no interaction with the members of the lanning and Zoning Commission. D. AROVAL OF MINUTES 1. Discuss and consider approval of the August 1, 2018, meeting minutes. E. REGULAR ITEMS 1. Discuss and consider recommendations to the Town Council regarding the proposed re-plat of Lot 4-R Rockgate Estates and Lot 1 Willow Lake Estates, into Lots 4-R-1R, 4-R-2R, and 4-R-3R, Block A, Rockgate Estates, a acre tract of land located on 1200 Rockgate and a waiver of street construction from Chapter 10, Subdivision Regulations, Exhibit A, Development Ordinance, Section III, Subdivision Design Standards, Section 3.1, Streets, Item 7, Street Construction. The property is zoned Residential Estates 2 (RE-2). 2. ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 7, Article 7.2 Uses ermitted, for the Town of Bartonville, by granting a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) located at 1200 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use ermit is zoned Residential

2 lanning and Zoning Meeting Agenda September 5, 2018 Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use ermit only. 3. ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, Division II, Districts, by adding Chapter 11.A, entitled Rural Services (RS), zoning district provisions. 4. ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by adding Appendix C, Land Use Table, Agricultural Store and Division I, General Requirements, Chapter 2, Definitions, Agricultural Store. F. ADJOURNMENT I do hereby certify that the Notice of Meeting was posted on the bulletin board at Town Hall of the Town of Bartonville, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: August 31, 2018, at 2:05 pm, at least 72 hours prior to the time of said meeting. Michael Montgomery, Town Administrator The lanning and Zoning Commission reserves the right to adjourn into a closed meeting or executive session as authorized by Texas Government Code, Sections , et seq. (the Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections of the Texas Open Meetings Act. Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an open meeting that is held in compliance with Texas Government Code, Chapter 551.

3 THE BARTONVILLE LANNING AND ZONING COMMISSION MEETING HELD ON THE 1 st DAY OF AUGUST, 2018, AT BARTONVILLE TOWN HALL, 1941 E. JETER ROAD, BARTONVILLE, TX 76226, COUNTY OF DENTON, TEXAS AT 7:00.M. The lanning and Zoning Commission met in a regular meeting with the following members present: Ralph Arment, Chairman Gloria McDonald, Vice-Chairman Don Abernathy, Commissioner Gregory eck, Commissioner Harry Otto, Commissioner Brenda Hoyt-Stenovitch, Alternate 1 Also present: Michael Montgomery, Town Administrator Ed Voss, Town Attorney There constituting a quorum, the following business took place: A. CALL TO ORDER Chairmen Arment called the meeting to order at 7:01 p.m. B. LEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Chairman Arment led the pledge of allegiance. C. CITIZENS ARTICIATION No citizen participation. D. AROVAL OF MINUTES 1. Discuss and consider approval of the June 27, 2018, meeting minutes. Commissioner Abernathy moved to approve the June 27, 2018, minutes. Commissioner Otto seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, eck, Otto, McDonald NAYS: None VOTE: 5/0 E. REGULAR ITEMS

4 LANNING AND ZONING MEETING MINUTES AUGUST 1, 2018 AGE 2 1. ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending Appendix C, Land Use Table, Equestrian Center. Chairman Arment opened the public hearing at 7:03 p.m. Mr. Montgomery presented the that equestrian centers were only allowed by a conditional use permit in the AG and RE-5 zoning districts. The amendment would allow them by a conditional use permit as well in the RE-2 zoning district as long as the property is five acres in size. No one spoke in favor or opposition. Chairman Arment closed the public hearing at 7:04 p.m. Commissioner Otto motioned to recommend approval of amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending Appendix C, Land Use Table, Equestrian Center. Commissioner McDonald seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, Otto, eck, McDonald NAYS: None VOTE: 5/0 3. ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by adding Appendix C, Land Use Table, Event Center and Division I, General Requirements, Chapter 2, Definitions, Event Center. Chairman Arment opened the public hearing at 7:07 p.m. Mr. Montgomery presented that the applicant, Marty Bryan, wanted to add the definition of Event Center to the Definitions and Land Use Table of the Zoning Ordinance since it is currently an undefined use. Mr. Bryan stated that he prosed the definition of an Event Center as, a space to facilitate weddings, galas, banquets, conferences, and any other use for large groups. Mr. Bryan answered questions from Commissioners. The following people spoke in favor: -Rick Hopper, 1911 E Jeter

5 LANNING AND ZONING MEETING MINUTES AUGUST 1, 2018 AGE 3 The following people spoke against: -Helen Stewart, 1491 Landfall Circle -Del Knowler, 739 Seals -Kathy Daum, 1590 ost Oak -Evan Bloom, 8101 Tyler Dr (Lantana) -Susan Neuhalfen, 1121 Triple Crown -Mark St. ierre, 8136 Tyler Dr (Lantana) Mr. Bryan gave and another statement and answered additional questions from Commissioners. Chairman Arment closed the public hearing at 7:33 p.m. Commissioners spoke of previous unregulated event centers in Bartonville as well as their concerns with traffic, noise, alcohol. Commissioner McDonald motioned to recommend denial of amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by adding Appendix C, Land Use Table, Event Center and Division I, General Requirements, Chapter 2, Definitions, Event Center. Commissioner Otto seconded the motion. VOTE ON THE MOTION AYES: Arment, Otto, McDonald NAYS: Abernathy, eck VOTE: 3/2 2. Continue public hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 5, Article 5.2 Uses ermitted, for the Town of Bartonville, by granting a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) located at 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use ermit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use ermit only. Commissioner Hoyt-Stenovitch recused herself from the item due to the conflict of interest of living within 200 feet of the applicant. Mr. Montgomery stated this was a continuation of a public hearing from June 27, No one spoke in favor or opposition. Chairman Arment closed the public hearing at 8:01 p.m. Commissioners discussed the following conditions for the permit: Manure on the property be removed every 2 weeks

6 LANNING AND ZONING MEETING MINUTES AUGUST 1, 2018 AGE 4 Soil in the arena be kept in a dust free condition No amplification of sound within the arena Lights in the arena be turned off at 10M nightly Commissioner Abertnathy moved to recommend to the Town Council approval of granting a Conditional Use ermit to allow for the operation of an Equestrian Center located at 1440 E Jeter, Bartonville, Texas with the following conditions: 1. Manure on the property be removed every 2 weeks 2. Soil in the arena be kept in a dust free condition 3. No amplification of sound within the arena 4. Lights in the arena be turned off at 10M nightly Commissioner Otto seconded the motion VOTE ON THE MOTION AYES: Arment, Otto, McDonald, Abernathy, eck NAYS: None VOTE: 5/0 F. ADJOURN REGULAR MEETING Chairman Arment adjourned the regular meeting at 8:15 p.m. AROVED this 5th day of September, Approved: (Seal) Ralph Arment, Chairman Attest: Michael Montgomery, Town Administrator

7 Bartonville lanning and Zoning Commission September 5, 2018 Agenda Item No. 1 FROM: ITEM: Tammy Dixon, Town Secretary Discuss and consider recommendations to the Town Council regarding the proposed re-plat of Lot 4-R Rockgate Estates and Lot 1 Willow Lake Estates, into Lots 4-R-1R, 4-R-2R, and 4-R-3R, Block A, Rockgate Estates, a acre tract of land located on 1200 Rockgate and a waiver of street construction from Chapter 10, Subdivision Regulations, Exhibit A, Development Ordinance, Section III, Subdivision Design Standards, Section 3.1, Streets, Item 7, Street Construction. The property is zoned Residential Estates 2 (RE-2). Summary: The applicant, Yarraman, LLC, is seeking to replat acres of land into three lots. Two lots will be two acres, and the third lot will be acres. A dedicated section of Broome Road right-of-way is currently platted. The Town s Subdivision Ordinance requires this segment to be constructed. The applicant is seeking a waiver for the construction of this section of Broome Road. This application has been reviewed by staff and the Town Engineer and is found to be in conformance with all applicable Town regulations. Attachments: Application Waiver Request Draft lat ublic Notice

8 TOWN OF BARTONVILLE DEVELOMENT ALICATION Application Type (check all applicable): Sketch lat Land Study Development Replat reliminary Amending lat Final Current Legal Description: l._0_i_4_-_1<., 1 e-c6_l=o e=k A l2oc =\/.=6="' TE: ec="' -r,ome, 5 roposed Subdivision Name: Lcf"1:S 4-tz., :c. t,1.-1<!->r " Ci-In Town Limits ETJ Current Zoning: 12 E'.-'1---- Concurrent Zoning Change Req.? Yes (zoning change request attached) Ei)No In roposed Zoning (if applicable): No. roposed Lots: :> ---- Total Acres: 18, 2b Seeking Waiver/Suspension: Yes RJN O If yes, please submit required information pursuant to Sec, 1, 11 of Ordinance No Owner: '{ Al'Z.AKA..i Lt.L Address: \3Agg,,NG'7'<>"-' W 1u. 13Lv!) \3Ai2.1oNv1u.1;,1', /,2," G. Fax: Applicant: LANO NA0<_ Svl!\/<s'z<> S LLG hone: {.9,k, > <, Address: 42:il'::, T-3S-N, Fax:(.? ) l. lease Note: If applicant is different from current owner a notarized statement, authorizing the applicant to act as owner's agent, must accompany this application along with submittal fees in accordance with the Town's adopted Fee Schedule. I understand that it is unlawful for any person to knowingly or willfully misrepresent, or fail to include, any information required by the Development Ordinance on this application. I further understand that misrepresentation, or deliberate omission, of facts pertaining to the land study or plat shall constitute grounds for denial of the land study or plat. Appli=tSi Date Office Use Only: Schedule: Zoning Change? DY Fee d: 1S O I:, 11 DRC: 'tj IA From to N}A Check# &Z: 'i/s/1'6 ublish Date: "/ n / l Date: 1-z1-)! TC: "'fl /½ Hearing Date: N /A :::srstreet Construction D ublic Improvements D Easements D Simultaneous Submit Hearing Req? DY _ N Tax Certificate?!XY ON Disbursement: Gas Co. D Town Engineer/lanner Town Attorney D DRC Members Elec Co. Cable Co. Fire Chief Water Supply

9 Michael Montgomery Town Administrator Town of Bartonville 1941 East Jeter Rd. Bartonville, TX /29/2018 Replat for 1200 Rockgate Rd. Michael, I m writing this letter to formally request a waiver to the Development Ordinance requiring the improvement of Broome Rd as a result of my replat submission on the property located at 1200 Rockgate Rd. I m respectfully requesting this waiver on the grounds that the improvements, while very expensive, would have negligible benefit to the platted property as well as the fact that the costs of building a road would far exceed any impact or incremental costs the resulting plat might have on the existing transportation network. Thank you for your time in considering my request. Best regards, Jim Fay

10 GRAHIC SCALE 1"=100' REVISED: 27 AUGUST, 2018 RELAT LOTS 4-R-1R, 4-R-2R, AND 4-R-3R, BLOCK A OF ROCKGATE ESTATES, BEING A RELAT OF LOT 4-R, BLOCK A OF ROCKGATE ESTATES AND LOT 1 OF WILLOW LAKE ESTATES BEING ACRES IN THE JAMES BURK SURVEY A-42 TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS ANDMARK SURVEYORS, LLC. TX FIRM REGISTRATION NO DRAWN BY: BTH 4238 I-35 NORTH DENTON, TEXAS (940) FAX (940) SHEET 1 OF 2 SCALE: 1"=100' DATE: 07 AUGUST, 2018 JOB NO:

11 OWNER'S CERTIFICATE AND DEDICATION STATE OF TEXAS COUNTY OF DENTON; WHEREAS WE, Yarraman LLC are the owners of that certain lot, tract, or parcel of land situated in the J. Burke Survey Abstract Number 42, in the Town of Bartonville, Denton County, Texas, being all of Lot 4-R, Block A of Rockgate Estates, an addition to the Town of Bartonville, Denton County, Texas according to the plat thereof recorded under Document Number , lat Records, Denton County, Texas and being all of Lot 1 of Willow Lake Estates, an addition to the Town of Bartonville, Denton County, Texas according to the plat thereof recorded in Cabinet H, age 84, lat Records, Denton County, Texas and being all that certain tract of land conveyed by deed from Vencaprock, LL to Yarraman LLC recorded under Document Number , Real roperty Records, Denton County, Texas and being a part that certain tract of land conveyed by deed from Vencaprock, LL to Yarraman LLC recorded under Document Number , Real roperty Records, Denton County, Texas and being more particularly described as follows: BEGINNING in the west line of Rockgate Road, a public roadway having a proposed right-of-way of 70.0 feet, said point being the southeast corner of Lot 3-R, Block A of said Rockgate Estates recorded under Document Number ; THENCE S W, feet with said west line of said Rockgate Road to an iron rod found for corner in the north line of that certain tract of land conveyed by deed from Amal El-Ashmawi to Hisham S. Farid recorded under Document Number , Real roperty Records, Denton County, Texas; THENCE N W, feet with the north line of said Farid tract to an iron rod found for corner in the east line of said Lot 1 of said Willow Lake Estates, said point being the northwest corner of said Farid tract; THENCE S W, feet with the west line of said Farid tract to a capped iron rod marked Coleman found for corner, said point being the northeast corner of that certain tract of land conveyed by deed from Nancy H. Wilten to Craig Carter and Carol Carter recorded under Document Number , Real roperty Records, Denton County, Texas; THENCE N W, feet with the north line of said Carter tract to an iron rod found for corner, said point being the northeast corner of Lot 8, Block 6 of The Estates at Tour 18, Section Three, an addition to the Town of Bartonville, Denton County, Texas according to the plat thereof recorded in Cabinet K, age 254, lat Records, Denton County, Texas; THENCE N W, feet with the north line of said Block 6 of said The Estates at Tour 18, Section Three to a capped iron rod marked RLS 4561 found for corner, said point being the southeast corner of Lot 3 of said Willow Lake Estates; THENCE N E, feet with the east line of said Lot 3 of said Willow Lake Estates to a fence corner for corner in the south line of Lot 2 of said Willow Lake Estates; THENCE S E, feet with said south line of said Lot 2 of said Willow Lake Estates to a fence corner for corner, said point being the southeast corner of said Lot 2; THENCE N E, feet with the east line of said Lot 2 of said Willow Lake Estates to a capped iron rod marked Coleman found for corner in the south line of an existing 60.0 foot road and utility easement shown on the plat of said Willow Lake Estates, said point being the northeast corner of said Lot 2; THENCE N W, feet with the north line of said Lot 2 of said Willow Lake Estates and with the south line of said Road and Utility Easement to an iron rod found for corner in the east line of Timberidge Lane, a public roadway having a right-of-way of 60.0 feet; THENCE N E, feet with said east line of said Timberidge Lane to an iron rod found for corner, said point being the southwest corner of Lot 24-A, Block A of Stonewood Acres Subdivision, hase II, an addition to the Town of Bartonville, Denton County, Texas according to the plat thereof recorded in Cabinet A, age 161, lat Records, Denton County, Texas; CERTIFICATE OF SURVEYOR I, the undersigned, a registered professional land surveyor in the State of Texas, do hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground, and that the monuments shown thereon were properly placed under my personal supervision in accordance with the Development Ordinance of the Town of Bartonville. Jerald D. Yensan Registered rofessional Land Surveyor No COUNTY OF DENTON: BEFORE ME, the undersigned authority, on this day personally appeared Jerald Yensan, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of, NOTARY UBLIC STATE OF TEXAS My commission expires AROVED BY: lanning and Zoning Commission of the Town of Bartonville, Texas. Signature of Chairperson Date AROVED BY: City Council of the Town of Bartonville, Texas. Signature of Mayor Date ATTESTED Town Secretary THENCE S E, feet with the south line of said Lot 24-A, and with the south line of Block A of Stonewood Acres Subdivision, an addition to Denton County, Texas according to the plat thereof recorded in Cabinet A, age 149, lat Records, Denton County, Texas to an iron rod found for corner in the north line of Broome Road, a public roadway lying in a 30.0 foot easement recorded in Volume 521, age 550, Deed Records, Denton County, Texas; THENCE S E, feet with said south line of said Stonewood Acres to an iron rod found for corner, said point being the northwest corner of Lot 1-R of said Rockgate Estates; THENCE S W, feet with the west line of Lots 1-R, 2-R and 3-R, Block A of said Rockgate Estates to an iron rod found for corner, said point being the southwest corner of said Lot 3-R; THENCE S E, feet with the south line of said Lot 3-R to the LACE OF BEGINNING and containing acres of land. NOW THEREFORE, KNOW ALL MEN BY THESE RESENTS THAT WE, the aforesaid do hereby adopt this plat designating the herein above, tract as LOTS 4-R-1R, 4-R-2R and 4-R-3R, BLOCK A OF ROCKGATE ESTATES, being a replat of Lot 4-R, Block A, Rockgate Estates and Lot 1 of Willow Lake Estates, an addition to the Town of Bartonville, Denton County, Texas, and do hereby dedicate in fee simple to the public use forever the streets and easements shown hereon. The streets are dedicated for street purposes. The easements and public use areas as shown are dedicated for public use forever for the purposes indicated on this plat. No buildings, shrubs or other improvements shall be constructed or placed upon, over and across the easements as shown, except that landscape improvements may be placed in the landscape easements if approved by the Town of Bartonville. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public s use and the Town of Bartonville s use thereof. The Town of Bartonville and public utility entities shall have the right to remove and keep removed all buildings, fences, trees, shrubs or other improvements or growths which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems in said easements. The Town of Bartonville and public utility entities shall have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters and adding to or removing all or part of their respective systems without the necessity at any time of procuring the permission of anyone. WITNESS MY HAND this day of, 2018 ROJECT LOCATION VICINITY MA SCALE 1" = 2000' Sherry ound, Managing artner, Yarraman LLC STATE OF TEXAS COUNTY OF DENTON: BEFORE ME, the undersigned authority, on this day personally appeared Sherry ound, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of, NOTARY UBLIC STATE OF TEXAS My commission expires RELAT LOTS 4-R-1R, 4-R-2R, AND 4-R-3R, BLOCK A OF ROCKGATE ESTATES, BEING A RELAT OF LOT 4-R, BLOCK A OF ROCKGATE ESTATES AND LOT 1 OF WILLOW LAKE ESTATES BEING ACRES IN THE JAMES BURK SURVEY A-42 TOWN OF BARTONVILLE, DENTON COUNTY, TEXAS ANDMARK SURVEYORS, LLC I-35 NORTH DENTON, TEXAS (940) FAX (940) TX FIRM REGISTRATION NO SHEET 2 OF 2 REVISED: 27 AUGUST, 2018 DRAWN BY: BTH SCALE: 1"=100' DATE: 07 AUGUST, 2018 JOB NO:

12 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: O Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $22.00 Tax Amount: $0.00 Total Amount: $22.00 ayment Method: Check/Money Order ayment Amount: $0.00 Amount Due: $22.00 Ad Order #: Ad Number: Color: Ad Size: 1 X 30 li WYSIWYG Content Run Dates roduct lacement/classification - osition Sort Text ublish Date: 08/17/2018 D Denton Record D C-Legals - D LG Legals Stop Date: 08/17/2018 LGL-ROCKGATE ESTATES RELAT ublish Date: 08/17/2018 D Denton RC.com D C-Legals - D LG Legals Stop Date: 09/16/2018 LGL-ROCKGATE ESTATES RELAT age 1 of 1

13 Bartonville lanning and Zoning Commission September 5, 2018 Agenda Item No. 2 FROM: ITEM: Michael Montgomery, Town Administrator Continue public hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 7, Article 7.2 Uses ermitted, for the Town of Bartonville, by granting a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) located at 1200 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use ermit is zoned Residental Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use ermit only. Case Description: Location: Legal Description: roperty Owner: Zoning: Background: A request for approval of a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) 1200 Rockgate Road, Bartonville, Texas Lot 4-R-3R, Block A, Rockgate Estates Sherry ound The property is zoned Residential Estates-2 (RE-2) and on the land use plan as Residential Estates-2 (RE-2) with Equestrian Center listed as a permitted use by Conditional Use ermit only. The applicant is requesting approval of a Conditional Use ermit to allow for the operation of an equestrian center. The proposed equestrian center will sit on a acre property. The Owner s wish to incorpate the following items: Main entry gate Client parking Barn 24 stalls Covered arena Outdoor arena Covered walker & round pin Client trailer parking Turnouts Grass arena Wash racks Equipment & Hay shed Manure shed

14 Well & pump house ATTACHMENTS: Conditional Use ermit Application Location Map Letter mailed to property owners within 200 Copy of Legal Notice Draft Ordinance

15 Town of Bartonville Application for Conditional Use ermit All applications must be submitted in accordance with the Submission Schedule attached hereto. lease complete the attached checklist. A site plan application must be submitted with all Conditional Use ermit Applications. Applicant (Owner or Agent, Specify): Mailing Address: hone: f:job 47f? '7S Address : ("'This will be the primary method of c mmunication) v S\\:t::'<Y' l-'v\t:1 1 C\,.,,V',.-e-- l \Lil '2. :,-my im.i.\v,, U;\'k, s..a. 1 \:?& k,1i\ \e,,7>< 7(fZ2Jg CT Fax: Owner's Name(s) if different': Owner's Address: hone: Fax: General Location of roperty...: l...:'2.= 1> '- l> fa'..,_:::...::..y: ' '--+ +}"''l!. ----l f,-\,...:...:_ Current Zoning: Jff-=--==--.,. '2= Legal Description of roperty:,oe,=-::;..-&"'-...:...:. '-'-"'e:..::."" = (Attach Complete Metes and Bounds Description) Use Being Requested (In accordance with Appendix C:Land Table, Bartonville's Comprehensive Zoning Ordinance: 1m \;hi \ of the Town of I hereby certify that the information concerning this proposed zoning change is true and correct and that I am the owner of record or the authorized for the owner of the above described property. Signature *Owner STAFF USE ONLY: Date Submitted: /IS/ :Z.. b\ Accepted By:.M...:..iCz'-W\'-'--'' & Z ublic Hearing: >/ / 9 Council ublic Hearing:{ )g/1 Fee aid: ft o D Date 1 Check No. : ---"N 4 /..:.. A.1... _ Metes & Bounds Attached: fj Yes No Notarized Statement: Yes No N/A 1 A NOTARIZED statement that authorizes the agent to represent the owner(s) in this matter must be attached to this application.

16 Submitted by Sherry ound and Jim Fay Introduction : My husband, Jim, and I are Bartonville residents, living at 1672 Barrington Hills Blvd, and have recently purchased the 79 acres located at 1030 Rockgate Rd (Rockgate and Broome Rd) with the intention of building our new home and equestrian center on the property. We ve lived in Bartonville since 2015 and love the rural feel of the town and especially the horse community that is at the heart of this community. It s been our dream to own land and have an equestrian facility of our own. We love Bartonville and think this is the perfect spot to live and make our dream come true. By the way, the word Yarraman is the aboriginal word for Horse, so, thus naming the property celebrates both our love for horses as well as my Australian heritage. Requested roperty Use: It s our intention to build and operate a commercial equestrian center at 1030 Rockgate Rd., Bartonville, Texas. The facility would be a class A affair similar to several other equestrian centers in Bartonville and the surrounding communities. Our intention is to sell 3, 2 acre lots along Rockgate Rd. which would add to the existing neighborhood feel and provide a buffer to the equestrian center. Equestrian Components: The equestrian facilities, as shown on the accompanying site plan would be composed of the following: Main entry gate Client parking Barn 24 stalls Covered arena Outdoor arena Covered walker & round pin Client trailer parking Turnouts Grass arena Wash racks Equipment & Hay shed Manure shed Well & pump house Care has been taken in the layout of the center to segregate the public, worker and equine traffic in order to minimize potential conflicts. We ve also gone to great lengths to position the none public elements behind the arena and barn. This effectively screens these uses from street and public view as well as mitigating sound, light and odors from any neighbors and roadways adjacent to the property.

17 380 +/- ROCKGATE ROAD 750 +/ / / /- BROOME ROAD Site Description: 1030 Rockgate Rd acres +/- zoned RE-2 including 3, 2 ac residential lots accessed from Rockgate Rd /- 2 ac 2 ac /- 2 ac / /- 73 ac +/ SITE LAN LEGEND 1 Barn 24 stalls 2 Covered arena 3 Equipment & Hay shed 4 Manure shed 5 Outdoor arena 6 House 7 Well & pump house 8 Main entry gate 9 Covered walker 10 Car parking 11 Trailer parking 12 Turnouts - fenced 13 Grass arena 14 Wash racks

18

19 Location Map Request for Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) and re-plat located at 1200 Rockgate, Bartonville, Texas.

20 1941 E. Jeter Road, Bartonville, TX August 22, 2018 Name Address Bartonville, TX RE: Notice of ublic Hearings for a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) located at 1200 Rockgate Road, Bartonville Texas and Notice of ublic Hearings for a proposed acre re-plat of Lot 4-R Rockgate Estates and Lot 1 Willow Lake Estates, into Lots 4-R-1R, 4-R-2R, and 4-R-3R, Block A, Rockgate Estates, which is located at 1200 Rockgate, Bartonville, Texas. Dear roperty Owner, er the Denton County Appraisal Districts records, you own property (roperty ID XXXXX) within two hundred feet (200 ) of the property described in the notice below. The owner of the property as located at 1200 Rockgate Road has made application for a conditional use permit and re-plat as described below. You are invited to attend and participate in the following public hearings regarding this application: The lanning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, September 5, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider recommendations to the Town Council regarding an Ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by amending, Chapter 7, Article 7.2 Uses ermitted, for the Town of Bartonville, by granting a Conditional Use ermit to allow for the operation of an Equestrian Center (training facility) located at 1200 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use ermit is zoned Residential Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use ermit only. Additionally, to hear public comment and consider recommendations to the Town Council regarding a proposed acre re-plat of Lot 4-R Rockgate Estates and Lot 1 Willow Lake Estates, into Lots 4-R-1R, 4-R-2R, and 4-R-3R, Block A, Rockgate Estates, which is located at 1200 Rockgate, Bartonville, Texas. The Town Council will conduct a second ublic Hearing at 7:00 p.m. on Tuesday, September 18, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use ermit and re-plat for 1200 Rockgate Road. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at Sincerely, Michael Montgomery Town Administrator Enclosure: Location Map, Re-plat

21 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: O Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $31.80 Tax Amount: $0.00 Total Amount: $31.80 ayment Method: Check/Money Order ayment Amount: $0.00 Amount Due: $31.80 Ad Order #: Ad Number: Color: Ad Size: 1 X 44 li WYSIWYG Content Run Dates roduct lacement/classification - osition Sort Text ublish Date: 08/17/2018 D Denton Record D C-Legals - D LG Legals Stop Date: 08/17/2018 LGL-1200 ROCKGATE ublish Date: 08/17/2018 D Denton RC.com D C-Legals - D LG Legals Stop Date: 09/16/2018 LGL-1200 ROCKGATE age 1 of 1

22 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, GRANTING A CONDITIONAL USE ERMIT TO ALLOW FOR THE OERATION OF AN EQUESTRAIN CENTER (TRAINING FACILITY) LOCATED AT 1200 ROCKGATE ROAD, BARTONVILLE, TEXAS; ROVIDING A SEVERABILITY CLAUSE; ROVIDING A SAVINGS CLAUSE; ROVIDING FOR NO VESTED RIGHTS; ROVIDING FOR A ENALTY; ROVIDING FOR UBLICATION; AND ROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas, is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town of Bartonville, Texas, as a general law municipality, is empowered under the Texas Local Government Code, Section , to adopt an ordinance or rule that is for the good government of the Town; and WHEREAS, the lanning and Zoning Commission of the Town of Bartonville and the Town Council of the Town of Bartonville, in compliance with state law with reference to amending the Zoning Ordinance, have given the requisite notice by publication and otherwise, and after holding due public hearings and affording full and fair hearings to all property owners generally, the Town Council of the Town of Bartonville, Texas, is of the opinion that said zoning ordinance should be amended as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. CU GRANTED The Zoning Ordinance for the Town of Bartonville, Texas, as amended, is hereby amended by granting a Conditional Use ermit (CU) to allow for the operation of an Equestrian Center (training facility) located at 1200 Rockgate Road, Bartonville, Texas. The official zoning map of the Town of Bartonville, Texas, shall be amended to reflect the CU granted by this Ordinance. age 1 of 3

23 SECTION 2. SEVERABILITY It is hereby declared to be the intention of the Town Council of the Town of Bartonville, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation in this Ordinance of such unconstitutional phrases, clause, sentence, paragraph, or section. SECTION 3. SAVINGS An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Town of Bartonville Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 4. ENGROSS AND ENROLL The Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. SECTION 5 UBLICATION The Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and the Effective Date of this Ordinance for two (2) days. SECTION 6. UNISHMENT Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Bartonville Zoning Ordinance as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. age 2 of 3

24 SECTION 7. NO VESTED RIGHTS No person or entity shall acquire any vested rights in this Ordinance or any specific regulations contained herein. This Ordinance and any regulations may be amended or repealed by the Town Council of the Town of Bartonville, Texas, in the manner provided by law. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such case provides. AND IT SO ORDAINED. DULY ASSED AND AROVED by the Town Council of the Town of Bartonville, Texas, on the 18th day of September, AROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary age 3 of 3

25 DATE: September 5, 2018 lanning and Zoning Commission Meeting Item No. 3 FROM: ITEM: Michael Montgomery, Town Administrator ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, Division II, Districts, by adding Chapter 11.A, entitled Rural Services (RS), zoning district provisions. Summary: The Village Center zoning district states that is shall not me used anywhere else in Baronville. A new zoning district, Rural Services, is being created to allow for a zoning designation for commercial businesses along FM 407. The Rural Services zoning district is very similar in text to the Village Center zoning district. ATTACHMENTS: Copy of Legal Notice Draft Ordinance

26 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: O Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $23.80 Tax Amount: $0.00 Total Amount: $23.80 ayment Method: Check/Money Order ayment Amount: $0.00 Amount Due: $23.80 Ad Order #: Ad Number: Color: Ad Size: 1 X 38 li WYSIWYG Content Run Dates roduct lacement/classification - osition Sort Text ublish Date: 08/09/2018 D Denton Record D C-Legals - D LG Legals Stop Date: 08/09/2018 LGL-NH ublish Date: 08/09/2018 D Denton RC.com D C-Legals - D LG Legals Stop Date: 09/08/2018 LGL-NH age 1 of 1

27 TOWN OF BARTONVILLE, TEXAS ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHATER 14, EXHIBIT A, ENTITLED ZONING ORDINANCE, BY ADOTING NEW CHATER 11.A, ENTITLED RURAL SERVICES (RS), ZONING DISTRICT ROVISIONS; ROVIDING A REEALER CLAUSE; ROVIDING FOR SEVERABILITY; ROVIDING FOR SAVINGS; ROVIDING FOR ENGROSSMENT AND ENROLLMENT; ROVIDING FOR A ENALTY; ROVIDING FOR UBLICATION; AND ROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Bartonville, Texas ( Town ), is a Type A General Law Municipality located in Denton County, Texas, created in accordance with provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Town is a general law municipality empowered under the Texas Local Government Code, Section , to adopt an ordinance or rule that is for the good government of the Town; and WHEREAS, the lanning and Zoning Commission of the Town of Bartonville and the Town Council of the Town of Bartonville, in compliance with state law, have given the requisite notice by publication and otherwise, and after holding due public hearings and affording a full and fair hearing to all property owners generally, the Town Council of the Town of Bartonville is of the opinion that said zoning ordinance should be amended as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. Incorporation of remises All the above premises are hereby found to be true and correct legislative determinations and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. Adoption of Chapter 11.A of Exhibit A, the Zoning Ordinance From and after the effective date of this Ordinance, Chapter 14 of the Town Code of Ordinances, Exhibit A, the Zoning Ordinance, is hereby amended by adopting Chapter 11.A entitled Rural Services (RS), zoning district provisions, as follows:

28 ORDINANCE NO. -18 age 2 11.A.1 UROSE Chapter 11.A Rural Services (RS) The Rural Services (RS) district is intended to provide for commercial development on F.M RS district standards provides for local shopping establishments which provide retail services for the convenience of residents of the Town. The RS district corresponds to and implements the Rural Services land use category as shown on Chart 4.1 of this Ordinance. 11.A.2 USES ERMITTED A. Those uses listed for the RS district in Appendix C as are permitted uses by right or as C are conditionally permitted uses through a Conditional Use ermit (CU). CUs (conditional uses) must be approved utilizing procedures set forth in Chapter 16. B. Accessory buildings and structures incidental to the operation of the retail business or service activities specified in Section 11.A.2 A. above shall be permitted, provided that the building or structure does not exceed four hundred (400) square feet, is located behind the primary structure, and is constructed with the same or similar building facade and material as the primary structure and pursuant to Chapter 19. C. Outside display incidental to the operation of the retail business or service activities specified in Appendix C shall be permitted. However, outside storage of goods, merchandise or equipment is prohibited unless approved in the Site lan process or by Conditional Use ermit. 11.A.3 DEVELOMENT AND ERFORMANCE STANDARDS A. Minimum development standards for nonresidential uses, where applicable, shall be those set forth in Chart 11.A.1, and by the Minimum Design Criteria in Subsection C, below, the Special Regulations Criteria in Subsection B, below, and the Special Requirements in Division IV. DEVELOMENT STANDARDS Front Yard Setback Side Yard Setback: Standard Chart 11.A.1 Development Standards RS ZONING DISTRICT RS DISTRICT 50 feet (or as specified in subsection B. below) 20 feet Adjacent to Residential See subsection B.1. below

29 ORDINANCE NO. -18 age 3 District or Use Rear Yard Setback Standard Adjacent to Residential District or Use 50 feet Maximum Height 35' 1 Maximum Lot Coverage 50% Maximum Floor Area Ratio 1.0:1.0 See subsection B.1. below 1. No building shall be more than two and one-half (2-1/2) stories in height. B. Special Area Regulations: 1. Special Side and Rear Yard Setbacks - These special side and rear yard setbacks shall apply where a proposed nonresidential use is adjacent to a residential use, residential zoning district or a planned residential use as specified on the Town of Bartonville Land Use lan, as amended. a. Nonresidential Structures equal to or less than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - Seventy-five (75) feet from a side or rear property line. b. Nonresidential Structures more than fifteen (15) feet in height as measured from the finished grade to the tallest portion of the structure - One (1) foot for each five (5) feet in height but not less than seventy-five (75) feet. 2. Minimum Lot Size - One (1) Acre 3. Maximum Impervious Surface - Ninety percent (90%) of total lot area 4. Minimum Lot Width - Three hundred feet (300') 5. Minimum Lot Depth - Five hundred feet (500') C. Minimum Design Criteria: 1. Building Orientation: a. rimary Entrances: 1. rimary entrances shall have a clearly defined, highly visible customer entrance with distinguishing features such as a canopy, portico or other prominent element of the architectural design.

30 ORDINANCE NO. -18 age 4 2. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to primary entrances. b. Loading Docks or Loading Areas: 1. Shall not be permitted to be visible from a street and shall not be accessed directly from a street. 2. Shall conform to the Special Requirements in Division IV. 2. Exterior Construction/Design: a. Exterior Materials: b. Colors: 1. All permanent structures shall be constructed with a minimum of ninety percent (90%) masonry material. 2. Said masonry material shall be limited to clay fired brick, Austin stone, cast stone or other such comparable masonry material as approved by the Town. 3. refinished metal wall panels, concrete blocks, halite blocks and stucco are prohibited. 4. For every sixty (60) feet of a building wall visible from a public street or a residentially zoned property, there shall be a change in the exterior masonry material for the full building elevation from the finished grade to the top of the structure. 1. The primary exterior color of buildings shall be comprised of earth tones and shall be used on at least eighty-five percent (85%) of the building facade, exclusive of doors and windows. 2. Secondary accent color(s) may be used on a maximum of fifteen percent (15%) of the exterior facade, exclusive of doors and windows. 3. Trim colors shall complement the colors used to meet Subsection b Colors shall be specifically approved on the building elevations submitted and approved with the mandatory General Site lan or Administrative Site lan.

31 ORDINANCE NO. -18 age 5 c. Windows: 3. Design Features: 4. Roofs: 1. A maximum of forty percent (40%) of the building facade along the ground floor and adjacent to a public street shall consist of display areas, windows, or doorways. 2. The style of windows shall be consistent with the design and construction of the structure. a. Archways: 1. Archways may be used in conjunction with doorways or windows and shall have an architectural style consistent with the design depicted in Appendix D (architectural standards). b. Exposed Columns (Structural or Decorative): c. Glass: 1. Exposed columns shall be constructed of or clad with a material that is of like and similar material to that of the primary structure. 1. Glass curtain walls are prohibited. d. Awnings/Canopies: 1. The use of decorative awnings/canopies is permitted provided that all awnings/canopies are designed to be compatible with the structure in which they are located. 2. Awnings/canopies shall be of a consistent pattern, size, shape and material and shall be consistent or complementary to construction of the building and approved with site plan approval. 3. A minimum clearance of eight (8) feet must be maintained above all sidewalks and a minimum clearance of fourteen (14) feet must be maintained above the street pavement. a. Flat roofs are prohibited unless approved in the Site lan. If a flat roof is approved in the Site lan, then the building walls shall extend to

32 ORDINANCE NO. -18 age 6 parapets that enclose the roof area. Said parapets shall be of a sufficient height to fully screen the roof and any mechanical equipment located on the roof. Facades shall provide variations in vertical elevation articulation to prevent a straight or uninterrupted building line to discourage a bulk or box-type look to a building. 5. Lighting: a. Lighting may be used to accent architectural details, emphasize primary entrances, accent signs, illuminate sidewalks, and illuminate parking areas and service entrances for public safety concerns. Lighting should meet the following criteria: 1. Light fixtures and light standards visible from a public street or public right-of-way shall be of an architectural design that is consistent with the architectural design of the primary structure and with the designs depicted in Appendix D. 2. A lamp that conveys the color spectrum that is similar to natural daylight is preferred. Metal halide and color-corrected sodium lamps are appropriate. 3. Installed light sources may not use the equivalent of more than 1,200 lumens per bulb and shall be installed in such a manner so as to be shielded from public view and mitigate glare and light spill. 4. There shall be no direct illumination of any residential use or zoning district adjacent to a proposed RS District development. 5. Lights shall be fully shielded to minimize light trespass onto any residential zoning district. Fully shielded means a technique or method of construction or manufacture that does not allow any light dispersion to shine above the horizontal plane from the lowest light-emitting point of the light fixture. Any structural part of the light fixture providing this shielding shall be permanently affixed to the light fixture. 6. Trash Storage Areas and Mechanical Equipment: a. All mechanical equipment, trash storage areas, and satellite dishes shall be fully screened from public view. This shall include equipment on the roof, ground or otherwise attached to the building or located on the site. The following standards shall be met: 1. Mechanical Equipment Screening: a. Ground-Mounted Mechanical Equipment:

33 ORDINANCE NO. -18 age 7 1. Mechanical equipment and similar items shall be fully screened with a masonry screening wall constructed of like and similar materials to those of the primary structure. b. Roof-Mounted Equipment: 1. Mechanical equipment and similar items mounted to the roof of a structure shall be fully screened on four sides to a height equal to or greater than that of the mechanical equipment. 2. The structural screen specified in Subsection 1. above shall be of a design consistent with that of the primary structure and shall be of like and similar materials to those of the primary structure. 3. Screening Elements Extending More than Five Feet (5') Above the Roof Elevation: 2. Trash Receptacle Screening: 7. Loading and Service Areas: a. ortions of screening elements that extend more than five feet (5') above the roof elevation shall be set back one foot (1') of height for every one foot (1') of height they exceed the roof elevation. a. Trash receptacles shall not be placed between the primary structure and the street and shall not be located within a street yard. b. Trash receptacles shall be fully screened by an eightfoot (8') screen constructed of masonry materials of like and similar materials to those of the primary structure on three (3) sides and an opaque gate on one (1) side. a. Loading and service areas shall be located at the side or rear of the primary structure. b. A minimum eight-foot (8') solid screening wall shall be required to screen views of loading docks and loading spaces intended for tractor/semitrailer delivery from any public right-of-way. The screening wall shall be provided adjacent to any property zoned or planned for residential use as

34 ORDINANCE NO. -18 age 8 specified on the Town of Bartonville Comprehensive lan, as amended. The screening wall shall screen each entire loading dock or space. Screening materials shall be of masonry materials that are of like and similar materials to those of the primary structure. c. The accommodation of adequate access for service delivery trucks shall be evaluated to determine the extent of the screening required. d. Development shall comply with the on-site loading standards specified in Chapter 17 of this Ordinance. 8. arking: a. Development shall comply with the on-site parking standards specific in Chapter 17 of this Ordinance. b. All parking shall be designed so as not to obstruct the passage of cars as well as emergency vehicles, delivery vehicles and service vehicles (i.e. garbage trucks). 9. Compatibility with Residential Uses: a. Compatibility Buffer: 1. A landscape buffer shall be located on the site of the nonresidential use along all property lines adjacent to existing or proposed residential uses as specified on the Town of Bartonville Comprehensive lan, as amended. Said landscape plan shall be subject to the following standards: a. A brick or masonry wall with stucco or mortar wash finish, both exterior finishes being the same, shall be constructed along the property line. Said wall shall be a minimum of six feet (6') in height, except that the first twenty-five feet (25') in from the street line may be stepped down to a minimum height of four feet (4'). b. The landscaped setback shall consist of a minimum twenty-five foot (25') landscape buffer. Understory plants of species included in the approved plant list contained in Chapter 31 shall be provided in order to achieve a continuous dense six-foot (6') screen. c. Native shade trees, a minimum of three inches (3") in trunk diameter as measured four feet (4') above the ground and of a species included in Chapter 31 shall be provided at

35 ORDINANCE NO. -18 age 9 a ratio of one (1) tree per four hundred (400) square feet of buffer area. Native shade trees shall not be planted closer than thirty feet (30') on center. 2. The Town Council shall have the authority to approve alternate equivalent screening materials or methods including, but not limited to, living screens as outline in Section 18.6.I.1.c of this Ordinance. SECTION 3. Amendment to Chapter 4 of Exhibit A, the Zoning Ordinance From and after the effective date of this Ordinance, Chapter 14 of the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Zoning Ordinance, Chapter 4. Zoning Districts is hereby amended by amending Charts 4.4 and 4.5 which shall read as follows: Zoning District Side Yard Setback (feet) Interior Chart 4.4 Area Standards for Nonresidential Lots Base Districts Street Front Yard Setback (feet) Rear Yard Setback (feet) Accessory Buildings (Side and Rear Yard Setbacks) RLI Same as rimary Structure RB Same as rimary Structure RS Same as rimary Structure VC Same as rimary Structure GC Same as rimary Structure /S Same as rimary Structure..... Chart 4.5 Nonresidential Development and erformance Standards Summary Base Districts Zoning District Minimum Lot Size (acres) Minimum Lot Width (feet) Minimum Lot Depth (feet) Maximum Height (feet) Maximum Impervious Surface (percent of lot area) Maximum Lot Coverage (percent Maximum Floor to Area Ratio (F.A.R.)

36 ORDINANCE NO. -18 age 10 of area) RL :1.0 RB :1.0 RS :1.0 VC :1.0 GC 1 See Section 13.3 B.3. [B.4] See Section 13.3 B.4. [B.5] lot :1.0 /S : SECTION 4. Amendment to Appendix C, Land Use Table of Exhibit A, the Zoning Ordinance From and after the effective date of this Ordinance, Chapter 14 of the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Zoning Ordinance, Appendix C, Land Use Table, is hereby amended by adding a column for the Rural Services (RS) zoning district, located inbetween the Rural Business (RB) and Village Center (VC) columns, which RS column shall read as follows: Use Accessory Buildings Accessory Dwelling - 4-Acre Site or Larger In-Law Quarters - 4-Acre Site or Larger Servant Quarters - 4-Acre Site or Larger Zoning District RS Agricultural Uses * Alcoholic Beverages, Retail Sales * * *

37 ORDINANCE NO. -18 age 11 Alcoholic Wholesale Ambulance Service Beverages, Antennas (All Commercial and rivate Antennas to be Addressed by Supplementary Zoning Standards) Antique Stores Appliance Repair Shop Art Gallery Artesian Well Artist and/or Craftsman Store Auto Body Repair Auto Repair and Service, Major Auto Repair and Service, Minor * Auto arts Store, Retail * Bakery, Retail * Banks and Financial Institutions * Barber and Beauty Shop * Bed and Breakfast * Book or Stationery Store * Camera Store, Retail * Tobacco Store, Retail * Caterer * Caretaker's Quarters - 4-Acre Site or Larger Ceramic roducts, Retail * Church or Rectory * Cleaners - Drop Off and ick Up Only, Less Than 3,000 S.F. Clothing, Clothing Accessories Store C C * * *

38 ORDINANCE NO. -18 age 12 Commercial Amusement * Contractor's Yard * Convenience Store, Without Retail Gasoline Sales Convenience Store, With Retail Gasoline Sales Copy Shop * Crematorium * Dairies * Day Camp * Day Care Center * Department Store * Dog Kennels * Doughnut Store * Drugstore or harmacy, Retail (less than 2,500 sq ft) Dwelling, Single-Family * Electrical Goods, Retail * Electrical Repairing (Computers and Household Appliances Without Outside Storage) Equestrian Center * Exterminating Company, Retail * Farm General Livestock/Ranch/Crops Feed Lot * Feed/Seed Store (less than 5,000 sq ft) Film Developing and rinting, Retail Fire station Fix-It Shops, No Outside Storage * * * * *

39 ORDINANCE NO. -18 age 13 Florist, Retail Funeral Home * Furniture Store, Retail Golf Course Miniature (Commercial Amusement) Government Building Grocery Store, Retail Hardware Store, Retail Hobby Shop Home Community Home Group Home Day Care Home Occupations * Incinerator * Key Shop Large Animal Breeding 5- Acre Site or Larger Light Manufacturing * Manufacturing * Manufactured Home * Meat/Seafood Market, Retail Mini-Warehouse, Self-Storage * Mortuary * Motion icture Theater, Indoor Municipal Facility or Use Nurseries, Retail Nurseries, Wholesale Offices, rofessional and Administrative Offices Medical and Dental * C C C * C C C

40 ORDINANCE NO. -18 age 14 Oil or Gas Well Drilling Site (See Section 30.3 [Chapter 32]) aint Shop, Retail ark awn Shop * et Grooming, No Outside ens et Shops, Retail With No Outside ens ianos and Musical Instruments Retail Sales and Service laygrounds rinting Shop rivate Club, Type 1 rivate Club, Type 2 ublic Library ublic Museum ublishing Company Railway Right-of-way and Tracks Riding Academy * Restaurants (sit-down), Cafeterias, Cafes w/out Drive-Through Retail Store or Shop Schools rivate Schools public kindergarten, elementary school, middle school or high school Seamstress, Dressmaker or Tailor Shop Sexually Oriented Businesses * Shoe Sales and Repair Sporting Goods Sales, Retail * C C

41 ORDINANCE NO. -18 age 15 Stable, Commercial * Stable, rivate * Studios, Art Studios, Cloth and/or Draperies Studios, Dance Studios, Drama Studios, Glass and/or China Studios, Health Club or Athletic Studios, Martial Arts Studios, Music Studios, Reducing Studios, Therapeutic Massage Swimming ools rivate Tennis Courts Community Tennis Courts rivate Travel Agency Truck Farm * Utility Regulating Stations Veterinarian Hospital Veterinarian, Large Animal Veterinarian, Small Animal (Household et) Water umping lant Water Supply Reservoir Water Tower Wedding lanning (no outdoor facilities or services) Welding Shop * C C C C C C C C

42 ORDINANCE NO. -18 age 16 SECTION 5. Repeal of Conflicting Ordinances or Resolutions All previously adopted ordinances or resolutions or parts of ordinances or resolutions of the Town which are not consistent with or in conflict with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency and/or conflict. SECTION 6. Severability It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. Savings An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Town s Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for the purposes of prosecution of said offense. SECTION 8. Engross and Enroll The Town Secretary of the Town of Bartonville is hereby directed to engross and enroll this Ordinance by copying the exact Caption and the Effective Date clause in the minutes of the Town Council of the Town of Bartonville and by filing this Ordinance in the Ordinance records of the Town. SECTION 9. ublication The Town Secretary of the Town of Bartonville is hereby directed to publish in the Official Newspaper of the Town of Bartonville the Caption and Effective Date of this Ordinance for two (2) days. SECTION 10. enalty Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Bartonville, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such

43 ORDINANCE NO. -18 age 17 violation shall continue shall be deemed to constitute a separate offense. SECTION 11. Effective Date This Ordinance shall be in full force and effect from and after its passage and publication as the law in such case provides. AND IT IS SO ORDAINED. ASSED AND AROVED this the 18 th day of September, AROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

44 DATE: September 5, 2018 lanning and Zoning Commission Meeting Item No. 4 FROM: ITEM: Michael Montgomery, Town Administrator ublic hearing to hear public comment and consider recommendations to the Town Council regarding an ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Article 14.02, Ordinance , Zoning regulations, by adding Appendix C, Land Use Table, Agricultural Store and Division I, General Requirements, Chapter 2, Definitions, Agricultural Store. Summary: Ozark Civil Engineers has requested Agricultural Store to be added to the Town of Bartonville Zoning regulations. Currently, the use is undefined. The proposed definition is: Agricultural Store: An establishment for the selling of corn, grain and other foodstuffs for animals and livestock, and other goods related to agricultural processes. Staff is recommending this new use be by coniditional use permit in the Rural Business zoning district, permitted in the Village Center and Rural Services zoning districts, and prohibitied in all other zoning districts. ATTACHMENTS: Applicant Submittal Copy of Legal Notice Draft Ordinance

45 Tractor Supply Bartonville, TX Zoning Ordinance Definition for Agricultural Store 1. The nature of the use and whether the use involves dwelling activity, sales, services, or processing; Tractor Supply Company is a farm and ranch retail store operator with stores nationwide that focus on the needs of local hobby farmers. 2. The type of product sold or produced under the use; Tractor Supply Company provides hardware, pet supplies, larger equipment (i.e. 3-point equipment and trailers), bulk propane, generic farm and ranch supplies, western wear clothing, and lawncare and garden supplies. 3. Whether the use has enclosed or open storage and the amount and nature of the storage; Tractor Supply Company is proposing a 19,097-square foot enclosed building; a 17,500-square foot fenced outdoor display (FOD) area for bulky goods (i.e. cattle gates, fencing, and fence posts), a shed for hay feed sales, and bulk propane sales; a 3,000-square foot area designated for trailer and 3-point equipment display and sales; and seasonal outdoor display areas along the front façade/sidewalk (i.e. lawnmowers and ATVs). The outdoor 17,500-square foot FOD, 3,000-square foot trailer display area, and sidewalk display areas are intended to be utilized for display and sales. 4. Anticipated employment typically anticipated with the use; There will be construction related jobs during development and full-time employees when the store opens for business. 5. Transportation requirements; Store will have one delivery per week. Delivery is by a semi-truck. 6. The nature and time of occupancy and operation of the premises; Store hours are typically 8 a.m. to 7 pm. Annual average is 220 customers/day. 7. The off-street parking and loading requirements; The off-street parking requirement will match the requirement of hardware store use (i.e. 2 parking spaces per 1,000-square foot of enclosed building area plus 1 space per 300-square foot above 1,000 with a max of 20,000-square foot total). Using these requirements, store is required to have 63 parking spaces. A total of 65 parking spaces have been provided. There is one loading dock per store. 8. The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; Store will not produce toxic materials, odors, fumes or vibrations. Noise will be limited to an outdoor speaker/paging system and the loading and unloading of goods. Dust generation will be minimal. 9. The requirements for public utilities such as sanitary sewer and water and any special public services that may be required; and Store will require sanitary sewer and water. Water flow and volume shall be adequate to meet fire suppression requirements. 10. Impervious surface coverage. Store will have an impervious surface coverage of 70% of the total development acreage/lot.

46 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: O Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $25.60 Tax Amount: $0.00 Total Amount: $25.60 ayment Method: Check/Money Order ayment Amount: $0.00 Amount Due: $25.60 Ad Order #: Ad Number: Color: Ad Size: 1 X 41 li WYSIWYG Content Run Dates roduct lacement/classification - osition Sort Text ublish Date: 08/10/2018 D Denton Record D C-Legals - D LG Legals Stop Date: 08/10/2018 LGL-NH ublish Date: 08/10/2018 D Denton RC.com D C-Legals - D LG Legals Stop Date: 09/09/2018 LGL-NH age 1 of 1