AGENDA BARTONVILLE PLANNING AND ZONING COMMISSION. Wednesday, August 1, 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, August 1, 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 June 27, 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 Appendix C, Land Use Table, Equestrian Center. 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 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 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use Permit only. (Public hearing opened on June 27 th, 2018)

2 Planning and Zoning Meeting Agenda August 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 adding Appendix C, Land Use Table, Event Center and Division I, General Requirements, Chapter 2, Definitions, Event Center. 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: July 27, 2018, at 1:15 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 27 th DAY OF JUNE, 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 Don Abernathy, Commissioner Gregory Peck, Commissioner Harry Otto, Commissioner With the following members absent: Gloria McDonald, Vice-Chairman 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. 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 June 6, 2018, meeting minutes. Commissioner Peck moved to approve the June 6, 2018, minutes. Abernathy seconded the motion. Commissioner VOTE ON THE MOTION AYES: NAYS: Abernathy, Arment, Peck, Otto None

4 PLANNING AND ZONING MEETING MINUTES JUNE 27, 2018 PAGE 2 VOTE: 4/0 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 5, Article 5.2 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 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use Permit only Chairman Arment opened the public hearing at 7:03 p.m. Mr. Montgomery presented the proposed conditional use permit for an equestrian center at 1440 E Jeter. Mr. Montgomery shared prepared comments from Vice-Chairman McDonald. Mr. Montgomery explained that since the property is on the Land Use Plan as RE-2, the Commission could not take action without allowing Equestrian Centers in the RE-2 zoning district in the Land Use Table. Commissioner Abernathy motioned to continue the public hearing to Wednesday, August 1 st, 2018 at 7pm. Commissioner Otto seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, Otto, Peck NAYS: None VOTE: 4/0 2. Discussion regarding text changes to Chapter 14, Exhibit A, Appendix C Land Use Table, Equestrian Center. Commissioners stated that it was an oversight that Equestrian Centers were not allowed by conditional use permit in the RE-2 zoning district and that staff should prepare an ordinance amendment for the August meeting. 3. Discussion on Zoning Ordinance review schedule. Mr. Montgomery presented a tentative schedule to review the comprehensive zoning ordinance. G. ADJOURN REGULAR MEETING Chairman Arment adjourned the regular meeting at 8:20 p.m.

5 PLANNING AND ZONING MEETING MINUTES JUNE 27, 2018 PAGE 3 APPROVED this 1st day of August, Approved: (Seal) Ralph Arment, Chairman Attest: Michael Montgomery, Town Administrator

6 Planning and Zoning Commission Meeting Publ DATE: August 1, 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 Appendix C, Land Use Table, Equestrian Center. Summary: Currently, Equestrian Centers are only allowed by a conditional use permit in the AG and RE-5 zoning distrcits. This amendment to the Zoning regulations will allow Equestrian Centers in the RE-2 zoning district as well via a conditional use permit. Staff is also recommending a minimum parcel size of 5 acres to operate an Equestrian Center. ATTACHMENTS: Copy of Legal Notice Draft Ordinance

7 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: PO Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $21.40 Tax Amount: $0.00 Total Amount: $21.40 Payment Method: Check/Money Order Payment Amount: $0.00 Amount Due: $21.40 Ad Order #: Ad Number: Color: Ad Size: 1 X 34 li WYSIWYG Content Run Dates Product Placement/Classification - Position Sort Text Publish Date: 07/13/2018 DP Denton Record DP C-Legals - DP LG Legals Stop Date: 07/13/2018 LGL-NPH Publish Date: 07/13/2018 DP Denton RC.com DP C-Legals - DP LG Legals Stop Date: 08/12/2018 LGL-NPH Page 1 of 1

8 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, THE ZONING ORDINANCE, BY AMENDING APPENDIX C, LAND USE TABLE, AND RELATED PROVISIONS CONCERNING EQUESTRIAN CENTER USES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING NO VESTED RIGHTS; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING 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 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 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. AMENDMENT TO APPENDIX C, LAND USE TABLE 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, Appendix C, Land Use Table, to amend the Equestrian Center use district designations to read: Use Zoning District AG RE-5 RE-2 R-1 RLI RB VC GC MH P/SP Equestrian Center C C C * * * * * * * 1

9 SECTION 2. AMENDMENT TO CHAPTER 7 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, Chapter 7, Residential Estates 2 (RE-2), Subsection 7.4, Development and Performance Standards, by adding new subsection E.3, Supplemental Standards, to read as follows: 3. Minimum Parcel Size for Equestrian Center Uses: An application for a CUP to allow an equestrian center use shall not be granted unless the application is for 5 or more acres. 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 Zoning Ordinance, 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. 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. 2

10 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 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 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 its caption, as the law in such cases provide. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the day of, APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary 3

11 Planning and Zoning Commission Meeting Publ DATE: August 1, 2018 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 5, Article 5.2 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 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use Permit only. (Public hearing opened on June, 27, 2018). Case Description: Location: A request for approval of a Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) 1440 E Jeter, Bartonville, Texas Legal Description: A0042A J. BURKE, TR 1 Property Owner: Zoning: Background: Josh and Christina Coleman The property is zoned Agricultuiral District (AG) and on the land use plan as Residential Estates-2 (RE-2) with Equestrian Center listed as a permitted use by Conditional Use Permit only. The applicant is requesting approval of a Conditional Use Permit to allow for the operation of an equestrian center. The proposed equestrian center will sit on a 6.37-acre property. The property is located at 1440 E Jeter. The Owner s will be constructing a 100 X 100 covered arena with a four stall barn attached for their operations. ATTACHMENTS: Conditional Use Permit Application Location Map Letter mailed to property owners within 200 Copy of Legal Notice Draft Ordinance

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17 1941 E. Jeter Road, Bartonville, TX June 13, 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 1440 E. Jeter Road, 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 as located at 1440 E. Jeter Road 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 27, 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 5, Article 5.2 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 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use Permit only. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, July 17, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 1440 E. Jeter Road. 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

18 Porter Road Green Oaks Location Map E. Jeter Road Request for Conditional Use Permit to allow for the operation of an Equestrian Center (training facility) located at 1440 E. Jeter Road, Bartonville Texas.

19 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 27, 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 5, Article 5.2 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 1440 E. Jeter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Agricultural (AG) with Equestrian Center as a permitted use by Conditional Use Permit only. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, July 17, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 1440 E. Jeter Road. All interested parties are encouraged to attend.

20 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE AMENDING TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, ARTICLE 14.02, EXHIBIT A ZONING ORDINACE, AMENDING CHAPTER 5, ARTICLE 5.2 USES PERMITTED, ORDINANCE , ZONING REGULATIONS, FOR THE TOWN OF BARTONVILLE, BY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF AN EQUESTRAIN CENTER (TRAINING FACILITY) LOCATED AT 1440 EAST JETER ROAD, BARTONVILLE, TEXAS; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP; PROVIDING FOR CONDITIONS AS DESCRIBED HERIN AND ATTAHED HERETO AS EXHIBIT A. PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, 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 laws with reference to amending the Comprehensive Zoning Ordinance, have given the requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the governing body 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: SECTION 1. That the Code of Ordinance be and the same is hereby amended by amending Comprehensive Zoning Ordinance amending Chapter 14, Article 14.02, Exhibit A, Zoning Ordinance by amending Chapter 5, Section 5.2 Uses Permitted, by allowing the Conditional Use of an Equestrian Center (training facility) located at 1440 East Jeter Road, Bartonville, Texas. Page 1 of 3

21 SECTION 2. SEVERABILITY. That 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. That 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. That 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. That 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. EFFECTIVE DATE. That 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 day of January, Page 2 of 3

22 APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary Page 3 of 3

23 Planning and Zoning Commission Meeting Publ DATE: August 1, 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 adding Appendix C, Land Use Table, Event Center and Division I, General Requirements, Chapter 2, Definitions, Event Center. Summary: Marty Bryan, 2664 FM 407, has requested Event Center to be added to the Town of Bartonville Zoning regulations. Currently, the use is undefined. The proposed definition is: Event Center: A space to facilitate weddings, galas, banquets, conferences, and any other use for large groups. Staff is recommending this new use be by coniditional use permit in the Village Center and Rural Business zoning districts and prohibitied in all other zoning districts. ATTACHMENTS: Applicant Submittal Copy of Legal Notice Draft Ordinance

24 To: From: Subject: Town of Bartonville, Texas Marty Bryan Event Center Date: July 24, 2018 The purpose of the Event Center will be to host weddings, galas, banquets, conferences, and any other use for large groups to host an event. The event center will sell rental space, food, beverages, and alcohol. The space will have closed storage space for tables, chairs, and supplies relevant to hosting large groups of people. The event center will require full time and part time employees. Transportation will be required to deliver goods and services to the event center. No transportation services will be provided by the event center. The center will be open as business dictates, but primary use will be on the weekends. Additional noise, odor, fumes, dust, toxic materials, and vibration are not anticipated beyond standard or respectable levels. Utilities such as electric, water, gas, sewer, and cable will be required. The surface coverage will be concrete and finished landscape to match current surrounding in Bartonville Town Center. Sincerely, Marty Bryan, Owner, BryFam Properties LLC

25 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: PO Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $24.40 Tax Amount: $0.00 Total Amount: $24.40 Payment Method: Check/Money Order Payment Amount: $0.00 Amount Due: $24.40 Ad Order #: Ad Number: Color: Ad Size: 1 X 39 li WYSIWYG Content Run Dates Product Placement/Classification - Position Sort Text Publish Date: 07/13/2018 DP Denton Record DP C-Legals - DP LG Legals Stop Date: 07/13/2018 LGL-NPH Publish Date: 07/13/2018 DP Denton RC.com DP C-Legals - DP LG Legals Stop Date: 08/12/2018 LGL-NPH Page 1 of 1

26 TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, THE ZONING ORDINANCE, BY AMENDING APPENDIX C, LAND USE TABLE AND RELATED PROVISIONS TO ADD THE EVENT CENTER USE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING NO VESTED RIGHTS; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING 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 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 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. AMENDMENT TO APPENDIX C, LAND USE TABLE 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, Appendix C, Land Use Table to add the Event Center use district designations to read as follows: Use Zoning District AG RE-5 RE-2 R-1 RLI RB VC GC MH P/SP Event Center * * * * * C C * * * 1

27 SECTION 2. AMENDMENT TO CHAPTER 2 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, Chapter 2, Definitions, Article 2.02 Definitions by adding a definition for the Event Center use to read as follows: (69-A) Event Center: A space to facilitate weddings, galas, banquets, conferences, and any other use for large groups. 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 Zoning Ordinance, 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. 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. 2

28 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 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 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 its caption, as the law in such cases provide. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the day of, APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary 3