The Planning and Zoning Commission met in a regular meeting with the following members present:

THE BARTONVILLE PLANNING AND ZONING COMMISSION MEETING HELD ON THE 3 rd DAY OF JANUARY, 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 Brenda Hoyt-Stenovitch, Alternate 1 With the following members absent: Gloria McDonald, Vice-Chairman Harry Otto, Commissioner Gregory Peck, Commissioner Also present: Michael Montgomery, Town Administrator 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 November 1, 2017, meeting minutes. 2. Discuss and consider approval of the December 13, 2017, meeting minutes. Commissioner Abernathy moved to approve the November, 1, 2017, minutes and December 13, 2017, minutes. Commissioner Hoyt-Stenovitch seconded the motion. VOTE ON THE MOTION AYES: Abernathy, Arment, Hoyt-Stenovitch

PLANNING AND ZONING MEETING MINUTES JANUARY 3, 2018 PAGE 2 NAYS: None VOTE: 3/0 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 361-05, 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 a Bed and Breakfast located at 1212 Porter Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Residential Estates 2 (RE-2) with Bed and Breakfast as a permitted use by Conditional Use Permit only. Chairman Arment opened the public hearing at 7:04 p.m. Julie Germain, the applicant, discussed the history of the property and her intent with it moving forward. She explained it would be an owner-occupied bed and breakfast with all guests staying in the main property. No guests would be permitted to stay in their accessory structure. No citizens spoke in favor or in opposition on the conditional use permit. Chairman Arment closed the public hearing at 7:16 p.m. Commissioner Hoyt-Stenovitch expressed concerns with long-term guests. She suggested a limit of eight weeks per guest be a condition for approval. The other commissioners and applicant agreed with eight weeks. Commissioner Hoyt-Stenovitch moved to recommend to the Town Council approval of granting a Conditional Use Permit to allow for the operation of a bed and breakfast located at 1212 Porter Road, Bartonville, Texas, under the condtional that no guest stay longer than eight weeks. VOTE ON THE MOTION AYES: Abernathy, Arment, Hoyt-Stenovitch NAYS: None VOTE: 3/0 2. Discussion regarding text changes to Chapter 14, Exhibit A, Chapter 12 Village Center. Michael Montgomery, Town Administrator, presented changes he thought necessary to this section of the Zoning Ordinance. Specifically, he presented setbacks that other municipalities use

PLANNING AND ZONING MEETING MINUTES JANUARY 3, 2018 PAGE 3 if it boarders another commercial use. The commission agreed on 20-foot setbacks for the rear and side if it does border a residential use. Mr. Montgomery stated he would bring the ordinance changes next meeting. G. ADJOURN REGULAR MEETING Chairman Arment adjourned the regular meeting at 7:39 p.m. APPROVED this 7th day of February, 2018. Approved: (Seal) Ralph Arment, Chairman Attest: Michael Montgomery, Town Administrator

Planning and Zoning Commission Meeting Publ DATE: Feburary 7, 2017 FROM: ITEM: Michael Montgomery, Town Administrator Public Hearing to discuss 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 361-05, Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant and Retail Store located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant and Retail Store as a permitted use by Conditional Use Permit only. Case Description: Location: Legal Description: Property Owner: Zoning: Background: A request for approval of a Conditional Use Permit to allow a restaurant and retail store use on land zoned Rural Business. 96 McMakin Road, Bartonville, Texas Lot 1, Block 1 Bartonville Store Addition The Town of Bartonville The property is zoned and on the land use plan as Rural Business with Restaurant listed as a permitted use by Conditional Use Permit only. The existing structure is a legal non-conforming use. The applicant, Tim House, is requesting approval of a Conditional Use Permit, to allow for the operation of a restaurant on the 1.173 -acre subject property. The property is located on the northwest corner of Jeter and McMakin. The property has been owned by the Town of Bartonville since 2013. On July 18, 2017, the Town Council authorized staff to proceed with a notice and bidding process for the subject property. Mr. House submitted a bid which was accepted by the Town Council on August 15, 2017, and which is now under contract. It is the applicant s intent to keep the property repairs and improvements compatible with the existing structure, using similar or architecturally compatible materials to preserve the overall image of the store.

The applicant is seeking additional conditions and performance standards accompanying the approval of a Conditional Use Permit to allow restaurant and retail uses located at 96 McMakin Road, to address exterior improvements and additions, and determining that the following do not cause an improper expansion of a nonconforming use on the property: 1. Removal of the existing gas service island and canopy. 2. Repair the existing front sidewalk canopy, which extends six feet (6 ) from the east side of the building, and further extend same to a total depth not to exceed twelve feet (12 ). 3. Add rear (west) covered patio area of approximately forty feet (40 ) x twenty-four feet (24 ). 4. Adjust existing limits of parking area as may be needed to allow for new on-site septic system. 5. Allow food trucks, including a snow cone stand, to provide food service to customers in the restaurant and on site. 6. Outside music or other sound shall not exceed sixty (60) decibels measured at the property line, and if this condition is violated, the Town will cause the violation to come into immediate compliance. Additionally, should the Town receive complaints of excessive noise, as verified by the Town Administrator or his designee, the property shall cease all outdoor noise. Should the Town receive more than two complaints in a single calendar month, the property shall be prohibited from having outside music the rest of that calendar month plus the following calendar month. 7. Hours of operation shall be from 6:00 a.m. to 12:00 midnight. No outside business operations or outside activities shall occur after 10:00 p.m. on Friday and Saturday. No outside business operations or outside activities shall occur after 9:00 p.m. on Sundays through Thursdays. 8. All food cooking operations and preparation shall be enclosed and inside the building, unless conducted with equipment approved by the Town Council that is non-offensive to the neighboring properties. All odors, smells and cooking emissions shall comply with state law air quality standards and will be enforced in accordance with state law by the Texas Commission on Environmental Quality and/or the Town. 9. The Town Council shall review and approve improvements to the building elevations and building layout to ensure compliance with conditions set forth within the approved Conditional Use Permit.

ATTACHMENTS: Conditional Use Permit Application Location Map Letter mailed to property owners within 200 Copy of Legal Notice Draft Ordinance

LOCATION MAP 96 McMakin Rd. MC MAKIN RD JETER ROAD JETER ROAD Conditional Use Permit Request for a Restaurant located at 96 McMakin Road, Bartonville, Texas

1941 E. Jeter Road, Bartonville, TX 76226 817-693-5280 January 19, 2018 «Property_Owner» «Property_Owner_Mailing_Address» «City_State_» «Zip» RE: Conditional Use Permit Request for a Restaurant and Retail Store located at 96 McMakin Road, Town of Bartonville, Denton County, Texas. Dear Property Owner, Per the Denton County Appraisal District records, you own property (Property ID «Property_ID») within two hundred feet (200 ) of the property described in the notice below. The buyer for this property has made application for a Conditional Use Permit. The stated purpose is to allow for a Restaurant and Retial Store to be operated on the property. Enclosed you will find a map of the general location for the Conditional Use Permit. 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, February 7, 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 361-05, Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant and Retail Store located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant and Retail Store as permitted uses by Conditional Use Permit only. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, February 20, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 96 McMakin Road. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at 817.693.5280. Sincerely, Tammy Dixon Town Secretary Enclosure: Location Map

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, February 7, 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 361-05, Zoning regulations, by amending, Chapter 11, Article 11.2 Uses Permitted, for the Town of Bartonville, by granting a Conditional Use Permit to allow for the operation of a Restaurant and Retail Store located at 96 McMakin Road, Bartonville Texas. The property to be considered for the Conditional Use Permit is zoned Rural Business (RB) with Restaurant and Retail Store as permitted uses by Conditional Use Permit only. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, February 20, 2018, at Bartonville Town Hall to hear public comment and consider the Conditional Use Permit for 96 McMakin Road. All interested parties are encouraged to attend.

TOWN OF BARTONVILLE ORDINANCE NO. -18 AN ORDINANCE AMENDING TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, ARTICLE 14.02 ZONING ORDINANCE, EXHIBIT A ZONING ORDINACE BY AMENDING CHAPTER 11, ARTICLE 11.2 USES PERMITTED, FOR THE TOWN OF BARTONVILLE BY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT AND RETAIL STORE LOCATED AT 96 MCMAKIN ROAD, BARTONVILLE, TEXAS; 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 51.001, 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, Exhibit A, Zoning Ordinance by amending Chapter 11, Article 11.2 Uses Permitted, by allowing the Conditional Use of a Restaurant and Retail Store at 96 McMakin Road, Bartonville, Texas.

Ordinance No. Page 2 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 February 2018.

Ordinance No. Page 3 APPROVED: Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary

Planning and Zoning Commission Meeting Publ DATE: Feburary 7, 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 361-05, Zoning regulations, by amending, Chapter 4, Zoning Districts, Section 4.9 Area Standards for Nonresidential Districts, Chart 4.4 by amending the Village Center (VC) Side Yard Setbacks and Rear Yard Setbacks; and Section 4.10 Nonresidential Development Standards, Chart 4.5 by amending the Village Center (VC) Minimum Lot Width and Minimum Lot Depth; and by Amending Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, Chart 12.1 by amending the side yard setback; and by amending Sections (B) 4., Minimum Lot Width and (B) 5. Minimum Lot Depth. Summary: When the Village Center Zoning District ordinance was written, it lacked provisions for the tracts of lands within the district being subdivided. Now that smaller tracts of land within the district are being subdivided, revisions to the setbacks and lot dimensions needs to be made. After reviewing other setback requirments, it was determined that 20 feet on ths side and rear yard would be sufficient for tracts of land that do no border residental uses. Addionally, the lot dimensions were changed to refeclt the one acre lot by bening reducded to 150 feet wide by 250 feet depth. ATTACHMENTS: Copy of Legal Notice Draft Ordinance

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, February 7, 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 361-05, Zoning regulations, by amending, Chapter 4, Zoning Districts, Section 4.9 Area Standards for Nonresidential Districts, Chart 4.4 by amending the Village Center (VC) Side Yard Setbacks and Rear Yard Setbacks; and Section 4.10 Nonresidential Development Standards, Chart 4.5 by amending the Village Center (VC) Minimum Lot Width and Minimum Lot Depth; and by Amending Chapter 12, Village Center District (VC), Section 12.3 Development and Performance Standards, Chart 12.1 by amending the side yard setback; and by amending Sections (B) 4., Minimum Lot Width and (B) 5. Minimum Lot Depth. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, February 20, 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 361-05, Zoning regulations, by amending certain area standards in the Village Center zoning district as listed above. All interested parties are encouraged to attend.

TOWN OF BARTONVILLE ORDINANCE NO. AN ORDINANCE AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, EXHIBIT A, ARTICLE 14.02 ZONING ORDINANCE BY AMENDING CERTAIN AREA STANDARDS AND SETBACK STANDARDS IN THE VILLAGE CENTER (VC) ZONING DISTRICT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING 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 51.001, 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 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 CITY COUNCIL OF THE TOWN OF BARTONVILLE, TEXAS, THAT: SECTION 1 From and after the effective date of this Ordinance, Chapter 14 of the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Zoning Ordinance, Chapter 4. Zoning Districts is hereby amended by amending Charts 4.4 and 4.5 which shall read as follows: Chart 4.4 Area Standards for Nonresidential Lots Base Districts Zoning District Side Yard Setback (feet) Front Yard Setback (feet) Rear Yard Setback (feet) Accessory Buildings (Side and Rear Yard Setbacks) Interior Street RLI 20 20 40 20 RB 50 1 50 1 50 50 1 Same as Primary Structure Same as Primary Structure

VC 20 1 20 1 50 20 1 GC 25 2 0 50 25 2 P/SP 50 1 50 1 50 50 Same as Primary Structure Same as Primary Structure Same as Primary Structure..... Chart 4.5 Nonresidential Development and Performance Standards Summary Base Districts Zoning District Minimum Lot Size (acres) Minimum Lot Width (feet) Minimum Lot Depth (feet) Maximum Height (feet) Maximum Impervious Surface (percent of lot area) Maximum Lot Coverage (percent of lot area) Maximum Floor to Area Ratio (F.A.R.) RLI 1 130 250 50 80 50 0.4:1.0 RB 1 150 250 25 80 50 0.4:1.0 VC 1 150 250 50 90 50 1.0:1.0 GC 1 See Section 13.3 B.3. [B.4.] See Section 13.3 B.4. [B.5.] 50 80 60 0.4:1.0 P/SP 1 150 250 25 80 60 0.4:1.0..... SECTION 2 From and after the effective date of this Ordinance, Chapter 14 of the Town of Bartonville Code of Ordinances, The Comprehensive Zoning Ordinance, shall be, and the same is, hereby amended by amending Chapter 12. Village Center District (VC); Section 12.3, Chart 12.1, and Sections B.4 and B.5, which shall read as follows: Chart 12.1 Development Standards VC ZONING DISTRICT DEVELOPMENT STANDARDS Front Yard Setback Side Yard Setback: Standard Adjacent to Residential District or Use VC DISTRICT 50 feet (or as specified in B. below) 20 feet See B.1. below 2

Rear Yard Setback Standard Adjacent to Residential District or Use 50 feet Maximum Height 35' 1 Maximum Lot Coverage 50% Maximum Floor Area Ratio 1.0:1.0..... B. Special Area Regulations:..... See B.1. below 4. Minimum Lot Width -One hundred fifty feet (150 ) 5. Minimum Lot Depth - Two hundred fifty feet (250 ) SECTION 3 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 4 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 Comprehensive Zoning Ordinance as a whole. SECTION 5 An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6 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. 3

SECTION 7 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, 2018. APPROVED: (Seal) Bill Scherer, Mayor ATTEST: Tammy Dixon, Town Secretary 4