THE BARTONVILLE PLANNING AND ZONING COMMISSION MEETING HELD ON THE 1 st DAY OF MARCH, 2017, 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 Harry Otto, Commissioner Gregory Peck, Commissioner Brenda Hoyt-Stenovitch, Alternate 1 David Stocker, Alternate 2 (Arrived at 7:03 p.m.) Also present: Michael Montgomery, Town Administrator There constituting a quorum, the following business took place: A. CALL TO ORDER Chairman Arment called the meeting to order at 7:02 p.m. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Chairman Arment led the pledge of allegiance. C. CONSENT 1. Discuss and consider approval of the January 4, 2017, meeting minutes. 2. Discuss and consider approval of the January 17, 2017, special meeting minutes. Commissioner Abernathy moved to approve Consent Items 1 and 2. Commissioner Otto seconded the motion. VOTE ON THE MOTION AYES: Arment, McDonald, Abernathy, Otto, Peck, NAYS: None VOTE: 5/0 D. CITIZENS PARTICIPATION Josh Phillips, 320 W Jeter, introduced himself to the Commission and thanked them for their service.
PLANNING AND ZONING MEETING MINUTES JANUARY 4, 2017 PAGE 2 Donald Byrd, 1709 Bridle Bit, was concerned about his neighbor s dog and structures. Chairman Arment urged Mr. Byrd to set up a meeting with the Town Administrator. E. REGULAR ITEMS 3. Discussion regarding text changes to the Comprehensive Land Use Plan, Ordinance 535-12. Vice-Chairwoman McDonald explained that the Commission has already reviewed Sections 1, 3, 4, and 5 in their previous meetings. The Commission wanted to view the 2016 Town Survey results so they could further their discussion on Section 2. Chairmen Arment recessed the meeting at 7:13 p.m. and reconvened it at 7:23 p.m. Further discussion was had on what the Commission wished to see updated in terms of pavement width and right-of-way requirements. The Commission also wanted to see if there was a way that meandering streets could be included into the Town s Subdivision Ordinance. F. FUTURE AGENDA ITEMS Continued discussion of Comprehensive Land Use Plan, Ordinance 535-12 G. ADJOURN REGULAR MEETING Chairman Arment adjourned the regular meeting at 8:17 p.m. APPROVED this the day of, 2017. Approved: (Seal) Ralph Arment, Chairman Attest: Michael Montgomery, Town Administrator
TOWN OF BARTONVILLE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE AMENDING THE TOWN OF BARTONVILLE S CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, ENTITLED ZONING ORDINANCE, BY ADOPTING NEW SECTION 30.5 ENTITLED UTILITY REGULATING STATIONS ; PROVIDING A REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE TOWN OF BARTONVILLE; 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 Type A General Law municipality empowered under the Texas Local Government Code, Section 51.012, to adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the municipality as a body politic; and WHEREAS, Pursuant to Chapter 211 of the Texas Local Government Code, a municipality may adopt or amend zoning regulations in order to promote sound development; and WHEREAS, the Town Council of the Town of Bartonville, Texas ( Town Council ), has determined that a revision is necessary in the Town s Zoning Ordinance regarding Utility Regulating Stations and related electric substation facilities for the government, interest, welfare, or good order of the Town of Bartonville. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1. Incorporation of Premises 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 Section 30.5 in Chapter 30 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 Section 30.5, entitled Utility Regulating Stations, into Chapter 30, entitled Special Regulations for Certain Types of Uses, as follows: 1
ORDINANCE NO. Page 2 Chapter 30. Special Regulations for Certain Types of Uses * * * 30.5 UTILITY REGULATING STATIONS A. The purpose of this Subsection is to provide basic criteria and more particularized standards for the development and maintenance of Utility Regulating Stations (as defined in Chapter 2, Definitions, Section 2.2(193)), which includes without limitation Electric Substations, Electric Switch Stations, and similar facilities. These reasonable regulations serve to preserve the integrity of adjacent affected properties and to prevent imminent destruction of property or injury to persons, while ensuring that the mitigating requirements set forth in this Subsection conform to the Town s Zoning Ordinance. The regulations set forth in this Subsection further serve to protect the health, safety, and general welfare of the public and to accomplish the orderly and practical development of electric utility facilities in the Town. B. It is further the purpose of this Subsection to: (1) preserve neighborhood visual cohesion, avoid eyesores, and avoid diminished property values, (2) adopt the most current National Electrical Safety Code, as amended (NESC), and the most current North American Electric Reliability Corporation Critical Infrastructure Protection regulations, as amended (NERC CIP) to be applicable to Stations, and (3) to provide for architectural variety, compatible scale, and mitigation of negative impacts. C. All technical industry words and phrases related to Utility Regulating Stations not specifically defined in the Town s Zoning Ordinance or this Subsection shall have the meanings customarily attributable thereto by prudent operators in the electric industry. For the purposes of this Subsection, the following definitions shall apply unless the context clearly indicates or requires a different meaning: 1. Electric Distribution Line means any electric line or part of the power system which distributes electric power at less than 60kV when measured phase to phase, and is utilized to deliver and serve electric power to local utility customers. Electric Distribution Lines include both overhead and underground facilities and circuits that operate at a primary rated distribution voltage level of 13.2kV / 7.62kV Grounded Wye. The distribution system includes that part of the distribution line transformers and all other necessary equipment to step the primary voltage down to a lower secondary voltage level to meet service requirements. 2. Electric Substation means a structure that is part of an electric generation, transmission, and distribution system which either (a) converts electric energy to a lesser voltage for the purpose of subregional or localized distribution; (b) functions as a transition point from overhead to underground electric transmission lines; or (c) acts as the point of convergence for two or more transmission lines.
ORDINANCE NO. Page 3 3. Electric Switch Station means a substation without transformers and operating only at a single voltage level. 4. Station means a Utility Regulating Station, Electric Substation, or Electric Switch Station. 5. Transmission Line means any electric line operating at a nominal line-to-line voltage equal to or greater than 60,000 volts. D. To the extent that the requirements in this Subsection conflict with other requirements appearing elsewhere in the Town s Zoning Ordinance, the more restrictive requirement controls. E. Site plan approval by the Planning and Zoning Commission and Town Council in accordance with Chapter 3 of the Town s Zoning Ordinance shall be required for all Utility Regulating Stations (including Electric Substations and Electric Switch Stations as defined in this Subsection). F. Utility Regulating Stations are permitted through a Conditional Use Permit (CUP) utilizing the procedures set forth in Chapter 16 of the Town s Zoning Ordinance, and under the standards set forth in Chapter 14A of the Town s Zoning Ordinance. G. All Utility Regulating Stations (including Electric Substations and Electric Switch Stations as defined in this Subsection) shall comply with the following standards: 1. Environmental Report: Prepare and submit to the Town an Environmental Report under the guidelines set forth in 7 C.F.R. Part 1794, as amended, or other equivalent regulation. 2. Screening Wall: A minimum ten foot (10 ) masonry wall is required around the perimeter of the Station to screen the view from public rights-of-way and from adjoining properties. 3. Landscaping: A minimum ten foot (10 ) wide landscape area shall be provided beginning at a distance no greater than then feet (10 ) from the required screening wall. Three (3) small ornamental trees and fifteen (15) low growing shrubs shall be provided for every thirty (30) linear feet. Required landscaping may be planted in regular intervals or in clusters. Landscaping shall not interfere with the physical security of the Station pursuant to NERC CIP. 4. Gates: Gates shall be provided at all entrances. Wrought iron or similar metal gates shall be permitted for the gate material so long as the gate is not situated directly across from a residence. If the gate is situated directly across from a residence, then it shall be constructed of opaque or semi-opaque material to provide reasonable screening to the interior of the station from public view. Chain link material is not permitted in any case.
ORDINANCE NO. Page 4 5. Setbacks: Stations shall be set back in accordance with this Subsection in order to comply with the screening wall, landscaping, buffering, access and transportation, and clearance zone requirements of this Subsection. 6. Buffering: Stations shall provide a twenty foot (20 ) planted strip along the property boundary that includes a combination of five (5) evergreen and deciduous trees and thirty (30) shrubs per one hundred (100) linear feet. 7. Access and Transportation: Access and transportation into and around the Station should be provided to minimize the impacts on adjacent properties, intersections, and the overall Town street system. Access to the Station should be carefully considered to limit the number of entrances that allow greater visibility into the Station, while simultaneously allowing for adequate maneuvering of trucks and other heavy equipment necessary to construct, operate, and maintain the Station. Driveways shall be located on the perimeter streets of the lowest classification unless the only reasonable means of providing safe and adequate access to the property, as determined by the Town Engineer, is to access a street of higher classification. Driveways shall be located so as not to be directly across from the front yards of residential structures or uses, unless otherwise approved by the Town Council. No more than two driveways shall be located on each perimeter street. Driveways shall be constructed of concrete from the back of edge of the street to the entrance gate of the station, and gravel is not a permitted driveway material for any driveway outside of the Station s perimeter screening wall. 8. Clearance Zone: A twenty foot (20 ) clearance zone around the perimeter screening wall free of climbing aids is required to protect against unauthorized entry into the Station. Landscaping may be placed within the Clearance Zone so long as it will not mature to adequate height, if properly maintained, so scale or climb the Station s perimeter screening wall. 9. Parking: No parking spaces are required. If provided, parking spaces outside the screening wall shall be screened from public view. 10. Miscellaneous standards: The Station must comply with the following development standards appearing in the NESC and/or NERC CIP, as amended, and as applicable: a. Height b. Noise c. Voltage Limitations d. Warning Sirens e. Lighting f. Internal Illumination g. Vibration h. Electric Interference i. Other development standards established by NERC CIP, as amended.
ORDINANCE NO. Page 5 11. Line Clearance Standards: Electric distribution lines, transmission lines and other electric lines shall comply with clearance criteria in the NESC, as amended. SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 Effective Date of this Ordinance for two (2) days. SECTION 8. Effective Date This Ordinance shall be in full force and effect from and after its passage and publication as
ORDINANCE NO. Page 6 the law in such case provides. AND IT IS SO ORDAINED. PASSED AND APPROVED this the day of, 2017. APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary