AGENDA BARTONVILLE TOWN COUNCIL SPECIAL MEETING. September 26, 2018 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX :00 PM

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1 AGENDA BARTONVILLE TOWN COUNCIL SPECIAL MEETING September 26, 2018 BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX A. CALL SPECIAL MEETING TO ORDER B. PLEDGE OF ALLEGIANCE 7:00 PM C. PUBLIC PARTICIPATION/CITIZEN APPEARANCES Please fill out a "Citizen Participation" form in order to address the Council and turn the form in to the Town Secretary. The purpose of this item is to allow the public an opportunity to address the Town Council 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." D. REGULAR ITEMS 1. Continue public hearing to consider 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 Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Residential Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use Permit only. The Planning and Zoning Commission recommended approval by a vote of 5 to 0 at its September 5, 2018, meeting. The Town Council voted to continue the public hearing at its September 18, 2108, meeting. Memo/Backup Info E. 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 public at all times and said Notice was posted on the following date and time: Thursday, September 20, 2018, at 3:00 p.m., at least 72 hours prior to the time of said meeting. Tammy Dixon, TRMC, CMC, Town Secretary The City Council 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.

2 DATE: September 26, 2018 TOWN COUNCIL AGENDA NO. 1 REGULAR ITEM FROM: ITEM: Michael Montgomery, Town Administrator Continue public hearing to consider 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 Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Residential Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use Permit only. (The Planning and Zoning Commission recommended approval by a vote of 5 to 0 at its September 5, 2018, meeting.) SUMMARY: The Town Council opened the public hearing on Tuesday, September 18, 2018, and voted to continue the public hearing to September 26, BACKGROUND: The applicant, Yarraman LLC., is requesting approval of a Conditional Use Permit (CUP) to allow for the operation of an equestrian center located at 00 Rockgate ( acres). The Owner s wish to incorporate the following items at the equestrian center: 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 At its September 5, 2018, meeting the Planning and Zoning Commission recommended approval by a vote of 5-0 with the following conditions: 1. Soil in the arenas be kept in a dust free condition. 2. Lights in the arenas and all outside operations will cease at 10:00 p.m. nightly.

3 3. No amplified sound in any accessory building or outdoor arena. 4. All accessory buildings and outdoor arenas may not be located within 250 feet of the nearest property line. 5. Driveways must meet the turn radius for a fire truck as approved by the Argyle Fire Department and Town Engineer. 6. No special events. 7. All manure must be enclosed until composted. 8. The water well pumphouse will comply with the setback standards of the Residential Estates-2 zoning district. At the Planning and Zoning public hearing no one spoke in favor and seven people spoke in opposition. At the September 18, 2018, meeting the applicants stated they were not in agreement with conditions 3, 4, and 6. Nine people spoke in favor, one person spoke in opposition, and one person spoke neither in favor or opposition. The Town Council asked staff and the Town Attorney to review the conditions relating to noise and special events which are reflected the in the draft ordinance attached to this memo. The Council voted to continue the public hearing to September 26, On September 19, 2018, the Board of Adjustment granted the applicants a variance to allow multiple accessory buildings in-between the main house and public street. FISCAL IMPACT: N/A LEGAL REVIEW: This item has been reviewed by Ed Voss, Town Attorney ATTACHMENTS: Applicant Submittal Letter to Property Owners Location Map Legal Notice Draft Ordinance RECOMMENDATION: Move to approve/deny 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 Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville Texas.

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5 Submitted by Sherry Pound 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 Property 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.

6 380 +/- 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 PLAN 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 Turnouts - fenced 13 Grass arena 14 Wash racks

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8 1941 E. Jeter Road, Bartonville, TX August 22, 2018 Name Address Bartonville, TX RE: Notice of Public Hearings for a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville Texas and Notice of Public 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 00 Rockgate, Bartonville, Texas. Dear Property Owner, Per the Denton County Appraisal Districts records, you own property (Property ID XXXXX) within two hundred feet (200 ) of the property described in the notice below. The owner of the property as located at 00 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 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, 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 Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Residential Estates 2 (RE-2) with Equestrian Center as a permitted use by Conditional Use Permit 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 00 Rockgate, Bartonville, Texas. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, September 18, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit and re-plat for 00 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

9 Location Map Request for Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) and re-plat located at 00 Rockgate, Bartonville, Texas.

10 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: PO Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $31.80 Tax Amount: $0.00 Total Amount: $31.80 Payment Method: Check/Money Order Payment Amount: $0.00 Amount Due: $31.80 Ad Order #: Ad Number: Color: Ad Size: 1 X 44 li WYSIWYG Content Run Dates Product Placement/Classification - Position Sort Text Publish Date: 08/17/2018 DP Denton Record DP C-Legals - DP LG Legals Stop Date: 08/17/2018 LGL-00 ROCKGATE Publish Date: 08/17/2018 DP Denton RC.com DP C-Legals - DP LG Legals Stop Date: 09/16/2018 LGL-00 ROCKGATE Page 1 of 1

11 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF AN EQUESTRAIN CENTER (TRAINING FACILITY) LOCATED AT 00 ROCKGATE ROAD, BARTONVILLE, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, 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. CUP GRANTED The Zoning Ordinance for the Town of Bartonville, Texas, as amended, is hereby amended by granting a Conditional Use Permit (CUP) to allow for the operation of an Equestrian Center (training facility) located at 00 Rockgate Road, Bartonville, Texas. The official zoning map of the Town of Bartonville, Texas, shall be amended to reflect the CUP granted by this Ordinance with the following conditions: 1. Soil in the arenas be kept in a dust free condition. 2. Lights in the arenas and all outside operations will cease at 10:00 p.m. nightly. 3. No amplified sound in any accessory building or outdoor arena.all amplified sound in any accessory building or outdoor arena shall comply with the Town s Page 1 of 3

12 noise ordinance, as amended, or the terms of this Ordinance, whichever is more restrictive. Any amplified sound in any accessory building or outdoor arena shall comply with the following sound level when measured at the property boundary of the receiving land: 62 decibels as measured on a sound level meter using the A- weighting network. Notwithstanding any provision herein, any amplified sound in any accessory building or outdoor arena shall not unreasonably disturb or interfere with the peace, comfort and repose of neighboring persons of ordinary sensibilities. 4. All accessory buildings and outdoor arenas may not be located within 250 feet of the nearest property line. 5. Driveways must meet the turn radius for a fire truck as approved by the Argyle Fire Department and Town Engineer. 6. No special events.there shall be no more than horse training clinics and/or horse show events per calendar year. 7. All manure must be enclosed until composted. 8. The water well pumphouse will comply with the setback standards of the Residential Estates-2 zoning district. 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 PUBLICATION Page 2 of 3

13 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. 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 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 PASSED AND APPROVED by the Town Council of the Town of Bartonville, Texas, on the 18th day of September, APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary Page 3 of 3