AGENDA BARTONVILLE PLANNING AND ZONING COMMISSION. Wednesday, June 6, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :00 P.M.

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1 A. CALL TO ORDER AGENDA BARTONVILLE PLANNING AND ZONING COMMISSION Wednesday, June 6, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :00 P.M. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG C. CITIZENS PARTICIPATION: Please fill out a "Citizen Participation" 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 Planning 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 "Public 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 Planning and Zoning Commission. D. APPROVAL OF MINUTES 1. Discuss and consider approval of the May 2, 2018, meeting minutes. E. REGULAR ITEMS 1. 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 12, Article 12.2 (C) Uses Permitted, for the Town of Bartonville, for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 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 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs.

2 Planning and Zoning Meeting Agenda June 6, 2018 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: May 31, 2018, at 1:00 pm, at least 72 hours prior to the time of said meeting. Michael Montgomery, Town Administrator The Planning 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 PLANNING AND ZONING COMMISSION MEETING HELD ON THE 2 nd DAY OF MAY, 2018, AT BARTONVILLE TOWN HALL, 1941 E. JETER ROAD, BARTONVILLE, TX 76226, COUNTY OF DENTON, TEXAS AT 7:00 P.M. The Planning and Zoning Commission met in a regular meeting with the following members present: Ralph Arment, Chairman Gloria McDonald, Vice-Chairman Don Abernathy, Commissioner Gregory Peck, Commissioner Harry Otto, Commissioner Brenda Hoyt-Stenovitch, Alternate 1 Also present: Michael Montgomery, Town Administrator Ed Voss, Town Attorney Jenifer Reiner, Town Planner There constituting a quorum, the following business took place: A. CALL TO ORDER Chairmen Arment called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Chairman Arment led the pledge of allegiance. C. CITIZENS PARTICIPATION No citizen participation. D. APPROVAL OF MINUTES 1. Discuss and consider approval of the April 11, 2018, meeting minutes. Commissioner Abernathy moved to approve the April 11, 2018, minutes. Commissioner Peck seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, Otto, Peck, McDonald NAYS: None VOTE: 5/0

4 PLANNING AND ZONING MEETING MINUTES MAY 2, 2018 PAGE 2 E. REGULAR ITEMS 1. Discuss and consider recommendations to the Town Council regarding an application for a Site Plan for a acre lot located in the northeast corner of the Yeti Addition, for a 7-Eleven Convenience Store, With Retail Gasoline Sales. The property is generally located south of I.T. Neely and west of F.M Mr. Montgomery presented the Site Plan application stating that 7-Eleven met all criteria within the Zoning Ordinance. He further explained the only items in the Site Plan that needed to be addressed were comments from the Town Engineer and removing the sign from the south elevation. Olivia Robinson, 1240 Saddlebrook, asked the commissioners to make sure to consider the impact on current residents when considering commercial development. Commissioner McDonald asked if the applicant would consider adding an architectural feature or pitched roof to avoid a box-like building. The applicant said they would consider such modifications. Mr. Voss stated the applicant was currently in compliance with the Zoning Ordinance in regards to the roof. Commissioner Peck moved to approve the 7-Eleven Site Plan under the condition that the Town Engineer comments are addressed and the sign on the south elevation was removed. Commissioner Abernathy seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, Otto, Peck, McDonald NAYS: None VOTE: 5/0 G. ADJOURN REGULAR MEETING Chairman Arment adjourned the regular meeting at 7:33 p.m.

5 PLANNING AND ZONING MEETING MINUTES MAY 2, 2018 PAGE 3 APPROVED this 6 th day of June, Approved: (Seal) Ralph Arment, Chairman Attest: Michael Montgomery, Town Administrator

6 Planning and Zoning Commission Meeting Publ DATE: June 6, 2018 FROM: ITEM: Michael Montgomery, Town Administrator 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 12, Article 12.2 (C) Uses Permitted, for the Town of Bartonville, for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. Case Description: Location: Legal Description: Property Owner: Zoning: Background: A request for approval of a Conditional Use Permit to allow for outdoor merchandise Southwest corner of FM 407 & IT Neely, Bartonville, Texas Lot 2, Block A, Yeti Addition Yeti, LLC The property is zoned and on the land use plan as Village Center with outdoor merchandise listed as a permitted use by Conditional Use Permit only. The applicant, The Dimension Group, is requesting approval of a Conditional Use Permit, to allow for the operation of a outdoor merchandise outside of a new 7-Eleven to be constructed. The 7-Eleven will sit on a acre property. The property is located on the southwest corner of FM 407 & IT Neely. ATTACHMENTS: Conditional Use Permit Application Location Map Elevations The Site Plan was the 7-Eleven was approved at May 15, 2018 Town Council meeting. The applicant is seeking to place an ice machine and propane storage for their outdoor merchandise. The applicant is no longer seeking to place a DVD Rental machine outside of the bulding as depicted in the elevations.

7 Letter mailed to property owners within 200 Copy of Legal Notice Draft Ordinance

8 Town of Bartonville Application for Conditional Use Permit All applications must be submitted in accordance with the Submission Schedule attached hereto. Please complete the attached checklist. A site plan application must be submitted with all Conditional Use Permit Applications. Applicant (Owner or Agent, Specify): Mailing Address: Phone: Fax: Address*: (*This will be the primary method of communication) Owner s Name(s) if different 1 : Owner s Address: Phone: Fax: General Location of Property: Current Zoning: Legal Description of Property: (Attach Complete Metes and Bounds Description) Use Being Requested (In accordance with Appendix C:Land Use Table, of the Town of Bartonville s Comprehensive Zoning Ordinance: 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 of Applicant/Owner Date STAFF USE ONLY: Date Submitted: Accepted By: Fee Paid: Check No. : P& Z Public Hearing: Metes & Bounds Attached: Yes No Council Public Hearing: 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.

9 All applications must contain the required information as specified in the Town of Bartonville s Comprehensive Zoning Ordinance, (Code of Ordinances, Chapter 14, Exhibit A ), including but not limited to Chapter 16 relating to conditional use permits. ITEMS TO BE INCLUDED: Completed Application Notarized statement signed by each property owner Tax certificate indicating no taxes are due Application Fee Completed Site Plan Application and documentation (to be submitted on a separate form) APPLICATION REVIEW PROCEDURES Upon initial submittal, your case will be distributed to the following for review: Bartonville Water Supply Corporation or Argyle Water Supply Corporation (as applicable), the Argyle Volunteer Fire District and the Town Engineer and other members of the Development Review Committee (DRC). The Plan(s) will then be scheduled for a DRC meeting (see attached schedule). At the DRC meeting, each department will furnish a copy of comments/concerns to the applicant. Once the plans are corrected, revisions must be submitted. The revisions will then go before the Planning and Zoning Commission (P&Z) for their review and recommendation. Once the P&Z Commission has made their recommendation, the Town Council will review and take action on the application. SUBMITTAL REQUIREMENTS FOR DEVELOPMENT REVIEW COMMITTEE (DRC): **See attached schedule for submittal deadlines. Upon initial submittal the following is required 1. A set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD. SUBMITTAL REQUIREMENTS FOR P&Z COMMISSION: **See attached schedule for submittal deadlines. Once the DRC has made their recommendation, the following is required on or before the deadline for revisions to the P&Z in accordance with the attached schedule: 1. An additional set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD. SUBMITTAL REQUIREMENTS FOR TOWN COUNCIL: **See attached schedule for submittal deadlines. Once the P&Z Commission has made their recommendation, the following is required on or before the deadline for revisions to the Council in accordance with the attached schedule: 1. An additional set of ten (10) full size plans; 2. One (1) 11 X 17 copy; and 3. A digital copy of the plans in pdf form to be submitted via CD.

10 EXPIRATION OF CONDITIONAL USE PERMIT A conditional use permit shall expire if: 1. A building permit for the use has not been approved within one (1) year of the date of approval of the permit; 2. The building permit subsequently expires; 3. The use has been discontinued or abandoned for a period exceeding six (6) months; or 4. A termination date attached to the permit has passed. CRITERIA FOR APPROVAL A. Factors - When considering applications for a conditional use permit, the Commission and the Council shall evaluate the impact of the proposed conditional use on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the use at the particular location, and shall consider the extent to which: 1. The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan; 2. The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations; 3. The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhood and includes improvements either on-site or within the public rights-of-way to mitigate development-related adverse impacts, such as traffic, noise, odors, visual nuisances, drainage or other similar adverse effects to adjacent development and neighborhoods; 4. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood; 5. The proposed use incorporates roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development generated traffic on neighborhood streets; 6. The proposed use incorporates features to minimize adverse effects, including visual impacts, of the proposed conditional use on adjacent properties; and 7. The proposed use meets the standards for the zoning district, or to the extent variations from such standards have been requested, that such variations are necessary to render the use compatible with adjoining development and the neighborhood. B. Conditions - The Commission may recommend and the council may require such modifications in the proposed use and attach such conditions to the conditional use permit as are necessary to mitigate adverse effects of the proposed use and to carry out the spirit and intent of this section. Conditions include but are not limited to matters related to limitation of building size or height, increased open space, increased impervious surface, enhanced loading and parking requirements, additional landscaping and improvements including curbing and pedestrian amenities, vehicular access and parking, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, duration of the permit and hours of operation.

11 NOTARY FORM Town of Bartonville THE FOLLOWING IS TO BE COMPLETED BY EACH OWNER THAT IS NOT SIGNING THIS APPLICATION. Dated: I,, owner of the Property located at do hereby certify that I have given my permission to, to submit this conditional use permit application. Print Name Address Signature of Owner Phone No. State of Texas County of Before me,, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing certificate, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) Notary

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13 T 1R-2, BLOCK A AN PLAZA ADDITION C.I. NO , COA#:FIRM REG # F-4380 CALLED: ACRES DENTON COUNTY D.C.C.I. NO , O.P.R.D.C.T. LOT 1R-1, BLOCK A DENKMAN PLAZA ADDITION D.C.C.I. NO , O.P.R.D.C.T Democracy Dr. Suite 125 Plano, TX t: PROJECT TEAM I.T. NEELY DRIVE (70' WIDE RIGHT-OF-WAY) (CAB. U, SLIDE 221, P.R.D.C.T.) S ISSUE/REVISION RECORD 10" TREE 16" TREE 8" TREE 86, D.R.D.C.T.) 400, PG. FARM TO MARKET HIGHWAY NO. 407 (VOL. 400, PG. 84 & VOL. (VARIABLE WIDTH RIGHT-OF-WAY) 12"DOUBLE TREE W S PROFESSIONAL IN CHARGE MATT CLARK, PE PROJECT MANAGER QUALITY CONTROL 12" TREE DRAWN BY PROJECT NAME 7-ELEVEN #38332 LOT 1, BLOCK A YETI ADDITION CAB. U, PAGE 221, P.R.D.C.T. BARTONVILLE TEXAS 14" TREE IT NEELY ROAD & F.M "DOUBLE TREE 20" TREE 6" TREE 30" TREE 6" TREE 24" TREE 18" TREE 20" TREE 24" TREE 6" TREE 8" TREE 6" TREE 6" TREE 6" TREE W 8" TREE PROJECT NUMBER LOT 1, BLOCK A YETI ADDITION CAB. U, PAGE 221, P.R.D.C.T. SHEET TITLE SITE PLAN R SHEET NUMBER Know what's below. Callbefore you dig. C1.1

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15 1941 E. Jeter Road, Bartonville, TX May 21, 2018 «First_Name» «Last_Name» «Address» «City», «State» «Zip» RE: Notice of Public Hearings for a Conditional Use Permit to allow for continued placement of an ice machine and propane storage for a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. Dear Property Owner, Per the Denton County Appraisal Districts records, you own property (Property ID«PID») within two hundred feet (200 ) of the property described in the notice below. The owner of the property has made application for a conditional use permit as described below. You are invited to attend and participate in the following public hearings regarding this application: The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 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 12, Article 12.2 (C.) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 2670 FM 407. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at Sincerely, Tammy Dixon Town Secretary Enclosure: Location Map

16 Legal Notice The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 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 12, Article 12.2 (C.) Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the continued placement of an ice machine and propane storage on the exterior side of a proposed 7-Eleven located at 2670 FM 407, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Village Center District (VC) with outdoor merchandise as a permitted use by Conditional Use Permit only. The property is located on the southwest corner of IT Neely and FM 407. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 2670 FM 407. All interested parties are encouraged to attend.

17 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, GRANTING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE CONTINUOUS OUTSIDE RETAIL SALE OF PROPANE GAS AND ICE AT THE 7-ELEVEN STORE LOCATED AT 2670 FM 407, BARTONVILLE TOWN CENTER, BARTONVILLE, TEXAS; PROVIDING FOR TERMINATION PROCEDURES ON ABANDONMENT OR DISCONTINUANCE OF THESE CONDITIONAL USES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR NO VESTED RIGHTS; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING 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 Planning 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 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. CUP GRANTED The Zoning Ordinance for the Town of Bartonville, Texas, as amended, is hereby amended by granting a Conditional Use Permit (CUP) to provide for the continuous outside retail sale of propane gas, and the continuous outside retail sale of ice through the use of equipment and/or machinery located on the exterior side of the 7-11 retail store located at 2670 FM 407, Bartonville Town Center, Bartonville, Texas. The official zoning map of the Town of Bartonville, Texas, shall be amended to reflect the CUP granted by this Ordinance.

18 ORDINANCE -18 PAGE 2 SECTION 2. DISCONTINUANCE OR ABANDONMENT The use of the Property as a Retail Store shall be otherwise performed and maintained in accordance with the approval previously granted to the Property under the use and development regulations of the Zoning Ordinance, as amended. If the outside retail sale of propane gas is discontinued or abandoned for a period of six (6) months, such use shall not be resumed. If the outside retail sale of ice is discontinued or abandoned for a period of six (6) months, such use shall not be resumed. In the event the outside retail sale of propane gas and/or ice is discontinued or abandoned as set forth in this Section, then the Town may begin the process of revoking the CUP granted herein in accordance with state law and the Town Zoning Ordinance. For the purposes of this Section, the determination of whether the required use has been discontinued or abandoned shall be made and performed in the same manner as the determination of abandonment or discontinuance of a non-conforming use as set forth in the Town Zoning Ordinance, as amended. SECTION 3. 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 4. 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 5. 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.

19 ORDINANCE -18 PAGE 3 SECTION 6. PUBLICATION 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 7. PUNISHMENT 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. SECTION 8. 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 9. 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 PASSED AND APPROVED by the Town Council of the Town of Bartonville, Texas, on the 19th day of June, APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

20 Planning and Zoning Commission Meeting Publ DATE: June 6, 2018 FROM: ITEM: Michael Montgomery, Town Administrator 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 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs. Summary: The current design criteria for roofs located within the Village Center allows for bulk or boxtype looking buildings. The goal of amending this oridance it to bring more architecturial features and character to future businesses. The current roof regulations read: 4. Roofs: a. Building walls shall extend to 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. The proposed regulations read: 4. Roofs: a. Flat roofs are prohibited unless: (1) the structure is a multi-story building, and (2) the flat roof is approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to 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. b. Unless a flat roof is approved in the Site Plan, roofs shall have minimum slopes of seven (4) feet of rise for every twelve (12) feet of run (4:12). c. Unless a flat roof is approved in the Site Plan, installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty (30) years.

21 Roofing systems or materials exceeding the standards established in this subsection c may be used pursuant to approval by the Building Official or his designee. Below are example of roof pitches. The greater the roof pitch, the taller the roof needs to be. The current building code does not allow anything under 4:12. 3:12 Roof Pitch 7:12 Roof Pitch

22 ATTACHMENTS: Copy of Legal Notice Draft Ordinance

23 The Planning and Zoning Commission for the Town of Bartonville, Texas, will conduct the first of two public hearings at 7:00 p.m. on Wednesday, June 6, 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 12, Zoning Districts, Section 12.3 Development and Performance Standards, by Amending Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, C. Minimum Design Criteria, 4. Roofs The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, June 19, 2018, at Bartonville Town Hall 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 certain area standards in the Village Center zoning district as listed above. All interested parties are encouraged to attend.

24 TOWN OF BARTONVILLE ORDINANCE NO. AN ORDINANCE AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, ZONING ORDINANCE, BY AMENDING SUBCHAPTER 12, VILLAGE CENTER DISTRICT (VC), SECTION 12.3, DEVELOPMENT AND PERFORMANCE STANDARDS, BY REPEALING SUBSECTION C.4, ROOFS, AND REPLACING IT WITH A NEW SUBSECTION C.4, ROOFS ; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING 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 Planning 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 The Code of Ordinances of the Town of Bartonville, Texas, shall be and the same is hereby amended by amending Chapter 14, Exhibit A, the Zoning Ordinance, Subchapter 12, Village Center District (VC), Section 12.3, Development and Performance Standards, by repealing Subsection C.4, Roofs, and replacing it with a new Subsection C.4, Roofs, which shall read as follows: 4. Roofs: a. Flat roofs are prohibited unless: (1) the structure is a multi-story building, and (2) the flat roof is approved in the Site Plan. If a flat roof is approved in the Site Plan, then the building walls shall extend to 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

25 a straight or uninterrupted building line to discourage a bulk or box-type look to a building. b. Unless a flat roof is approved in the Site Plan, roofs shall have minimum slopes of seven (4) feet of rise for every twelve (12) feet of run (4:12). c. Unless a flat roof is approved in the Site Plan, installed roofing shingles must consist of dimensional shingles with a minimum manufacturers rating of thirty (30) years. Roofing systems or materials exceeding the standards established in this subsection c may be used pursuant to approval by the Building Official or his designee. SECTION 2 All provisions of the Ordinances of the Town of Bartonville, Texas, in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 3 Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Zoning Ordinance as a whole. SECTION 4 An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Zoning Ordinance, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 5 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 violation shall continue shall be deemed to constitute a separate offense. SECTION 6 This Ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law in such cases provide. 2

26 AND IT IS SO ORDAINED. PASSED AND APPROVED on this the day of, APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary 3