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AGENDA

BARTONVILLE PLANNING & ZONING COMMISSION REGULAR MEETING AND WORK SESSION

APRIL 7, 2021

BARTONVILLE TOWN HALL, 1941 E. JETER, BARTONVILLE, TX 76226 7:00 PM

In accordance with order of the Office of the Governor issued March 31, 2020, and in accordance with subsequent orders issued by Office of the Governor issued after that date, the Bartonville Planning and Zoning Commission will conduct a regular meeting and work session at Town Hall, 1941 E. Jeter Road, Bartonville, Texas 76226 AND by video conference in order to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19).

The link to the video conference is www.townofbartonville.com/videomeeting.Please note there is an approximate 30 second delay.

The public will be permitted to offer public comment via teleconference/video as provided by the agenda and as permitted by the presiding officer during the meeting by joining the meeting at www.zoom.com or by calling the toll-free dial-in number at 877 853 5257. The meeting ID number is 883 9392 2805 and the passcode is 204085. To request to speak at the appropriate time, raise your hand via video or enter *9 on your phone. The identity of each speaker must be clearly stated prior to speaking.

A. CALL REGULAR MEETING TO ORDER

B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG

C. PUBLIC PARTICIPATION

CLICK HERE to submit general comments regarding issues or agenda items not indicated as a Public Hearing.

D. APPROVAL OF MINUTES

1. Discuss and consider approval of the March 3, 2021 regular 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 361-05, Zoning regulations for the Town of Bartonville, to change the zoning designation of Dyer Estates, Lot 4, containing approximately 4.732 acres, from Agriculture District (AG) to Residential Estates 2 (RE-2). The tract of land is located at 975 Dyer Road, Bartonville, Texas.

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Planning and Zoning Commission Agenda – April 7, 2021 Page 2 a. Staff presentation b. Applicant presentation c. Those in favor d. Those opposed e. Rebuttal

f. Hearing closed to public comment

F. FUTURE AGENDA ITEMS/REQUESTS BY COUNCILMEMBERS TO BE ON NEXT AGENDA

G. ADJOURN REGULAR MEETING

H. CALL WORK SESSION TO ORDER

I. WORK SESSION ITEMS

1. Discussion on Equestrian Center issues and related ordinance provisions.

J. ADJOURN WORK SESSION

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: April 1, 2021 at 10:00 am at least 72 hours prior to the time of said meeting.

_______________________________________ Sylvia Ordeman, 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 551.001, 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 551.071-551.088 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.

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The Bartonville Planning and Zoning Commission held a regular meeting on the 3rd day of March 2021, at 7:00 p.m., in the Council Chambers of Bartonville Town Hall, 1941 East Jeter Road, Bartonville, Texas and via video meeting.

In accordance with order of the Office of the Governor issued March 31, 2020, and in accordance with subsequent orders issued by the Office of the Governor after that date, the Bartonville Planning and Zoning Commission conducted a meeting in person and by video conference in order to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19).

Present: Ralph Arment, Chairperson

Don Abernathy, Commissioner

Brenda Hoyt-Stenovitch, Commissioner Jim Roberts, Alternate 1

Not Present:

Gloria McDonald, Vice-Chairperson Harry Otto, Commissioner

Margie Arens, Alternate 2

Also present: Sylvia Ordeman, Town Administrator, Ed Voss, Town Attorney (via video) There constituting a quorum, the following business took place:

A. CALL TO ORDER

Chairperson Arment called the meeting to order at 7:50 p.m.

B. CLOSED/OPEN SESSION

The Planning and Zoning Commission convened into a closed meeting at 7:51 p.m. pursuant to Texas Government Code Chapter 551, Section 551.071 and reconvened into open session at 8:06 p.m. to discuss matters relating to consultation with Town Attorney as follows:

a. Consultation with Town Attorney regarding legal issues concerning amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit “A,” Article 14.02, Ordinance 361-05, the Zoning regulations for the Town of Bartonville, for drive-through uses in the General Commercial (GC) district.

No action taken.

b. Consultation with Town Attorney regarding legal issues concerning a Site Plan for Happy Huts, LLC.

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Planning and Zoning Commission Meeting Minutes – March 3, 2021 Page 2

c. Consultation with Town Attorney regarding legal issues concerning a Conditional Use Permit for the operation of an equestrian center located at 1310 Gibbon Road.

No action taken.

C. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG

Chairperson Arment led the Pledge of Allegiance.

D. PUBLIC PARTICIPATION

There was none.

E. APPROVAL OF MINUTES: Discuss and consider approval of the December 2, 2020

regular meeting minutes.

Commissioner Hoyt-Stenovitch moved to approve the meeting minutes. Commissioner Roberts seconded the motion.

VOTE ON THE MOTION

AYES: Arment, Hoyt-Stenovitch, Roberts

NAYS: Abernathy

VOTE: 3/1

F. 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, the Zoning regulations for the Town of Bartonville, by amending Division II, Districts, Chapter 13, General Commercial District, Section 13.3, Development and Performance Standards, by adding new subsection C.15, Throughs, and by amending Appendix C, Land Use Table, amending Drive-Throughs.

Town staff made a summary presentation of the item, stating this item would add drive-throughs to the General Commercial District’s Development and Performance Standards and to the Land Use Table by adding the use of drive-throughs to the General Commercial District as a conditionally permitted use.

Chairperson Arment opened the public hearing at 8:09 pm. No one spoke in favor.

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Planning and Zoning Commission Meeting Minutes – March 3, 2021 Page 3

Chairman Arment closed the public hearing at 8:09 p.m.

Commissioner Hoyt-Stenovitch asked if noise levels would be considered for drive-throughs. Staff responded that the Town has a noise ordinance in place and that the CUP process would allow P&Z and Town Council to review each application for a drive-through.

Commissioner Abernathy moved to recommend approval to the Town Council on the Ordinance adding performance and CUP standards for drive-throughs. Commissioner Roberts seconded the motion.

VOTE ON THE MOTION

AYES: Arment, Abernathy, Hoyt-Stenovitch, Roberts

NAYS: None

VOTE: 4/0

2. Public hearing to hear public comment and consider recommendations to the Town Council regarding a Site Plan for Happy Huts, LLC being all of a tract of land being described as Block A, Lot 2R, Bartonville Town Hall Addition, Town of Bartonville, Denton County, Texas. The property is generally described as a 2.219-acre tract of land located on the north side of East Jeter Road, more commonly known as 1911 E. Jeter Road, Bartonville, Texas.

Town Staff informed the Commission that in the preceding Board of Adjustment meeting, the applicant did not receive the requested variance for the size of the accessory building. The applicant withdrew his application for the remaining requested variances. The applicant also withdrew his application for the site plan.

Commissioners Abernathy and Roberts left the meeting at 8:16 p.m. due to a Conflict of Interest with Item 3. Affidavits are on file with the Town Secretary.

Due to the lack of a quorum the meeting adjourned at 8:16 pm.

Note: Item 3. as listed below was not discussed due to a lack of a quorum and adjournment of the meeting. The item will be re-noticed to be heard at the April 7, 2021, regular meeting.

3. 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 for the Town of

Bartonville, by amending, Chapter 5, Agricultural District (AG), Article 5.2, Uses

Permitted, by granting a Conditional Use Permit to allow for the operation of an Equestrian Center located at 1310 Gibbons Road, Bartonville, Texas. The property to be considered for the Conditional Use Permit is zoned Agriculture (AG) with Equestrian Center as a permitted use by Conditional Use Permit only.

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Planning and Zoning Commission Meeting Minutes – March 3, 2021 Page 4

APPROVED this the ____ day of April 2021.

Approved:

_____________________________________ Ralph Arment, Chairperson

Attest:

______________________________________ Sylvia Ordeman, Town Administrator

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Planning and Zoning Commission Meeting Item # 1

DATE: April 7, 2021

FROM: Sylvia Ordeman, Town Administrator

ITEM: 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 for the Town of Bartonville, to change the zoning designation of Dyer Estates, Lot 4, containing approximately 4.732 acres, from Agriculture District (AG) to Residential Estates 2 (RE-2). The tract of land is located at 975 Dyer Road, Bartonville, Texas.

I. BACKGROUND INFORMATION

APPLICANT: Mont Wilkes

II. LOCATION: 975 Dyer Rd

Property: Approximately 4.732 acres of land, legal description Dyer Estates, Lot 4

Zoning: “AG” Agriculture, Land Use Plan as Residential Estates 2 (RE-2)

III. STAFF ANALYSIS:

A request has been received for a zone change from Agriculture (AG) to Residential Estates 2 (RE-2). The applicant intends to subdivide the land into two lots, each at least 2 acres in size. The applicant will begin the minor re-plat process administratively dependent on the zone change request being approved.

IV. ATTACHMENTS:

• Zone Change Request

• Draft Ordinance for Zone Change • Location Map

• Letter mailed to property owners within 200’ and mailing list • Copy of Legal Notice

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TOWN OF BARTONVILLE ORDINANCE NO. ____-21

AN ORDINANCE OF THE TOWN OF BARTONVILLE, TEXAS, AMENDING THE TOWN OF BARTONVILLE CODE OF ORDINANCES, CHAPTER 14, ARTICLE 14.02, EXHIBIT “A,” THE ZONING ORDINANCE, BY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 4.732 ACRES OF LAND SITUATED IN DYER ESTATES, LOT 4, LOCATED AT 975 DYER ROAD, BARTONVILLE, DENTON COUNTY, TEXAS, FROM A ZONING DESIGNATION OF "AG" AGRICULTURE TO A ZONING DESIGNATION OF "RE-2" RESIDENTIAL 2-ACRE ESTATES; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; PROVIDING FOR A PENALTY; PROVIDING FOR NO VESTED RIGHTS; 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 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.

INCORPORATION OF PREMISES

The above and foregoing premises are true and correct legislative determinations and are incorporated herein and made a part hereof for all purposes.

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Ordinance No. Page 2

SECTION 2.

ZONING ORDINANCE AMENDED

The Code of Ordinances of the Town of Bartonville, Texas, shall be and the same is hereby amended by changing the zoning classification on approximately 4.732 acres of land situated in Dyer Estates, Lot 4, Denton County, Texas, located at 975 Dyer Road, within the limits of the Town of Bartonville, Denton County, Texas, being more particularly described in Exhibit “A” attached hereto and incorporated herein for all purposes, from a zoning designation of "AG" Agricultural to a zoning designation of "RE-2” Residential 2-Acre Estates.

SECTION 3.

OFFICIAL ZONING MAP AMENDED

The Town Secretary is hereby directed to amend the official zoning map to reflect the changes in zoning classification approved by this Ordinance.

SECTION 4. REPEALING CLAUSE

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 5. 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 any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 6. SAVINGS

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.

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Ordinance No. Page 3

SECTION 7.

ENGROSSMENT AND ENROLLMENT

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 8. 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 9. PENALTY

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 10. 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 11. EFFECTIVE DATE

This Ordinance shall take effect immediately from and after its passage and publication, as the law provides.

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Ordinance No. Page 4

PASSED AND APPROVED on this the ___ day of April 2021.

APPROVED:

_____________________________ Bill Scherer, Mayor

(Seal)

ATTEST:

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Ordinance No. Page 5

Exhibit A Legal Description

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Notice of Public Hearings regarding an ordinance to change the zoning designation from Agriculture District (AG) to Residential Estates 2 (RE-2) located at 975 Dyer Road, Bartonville Texas. Identified on Denton Central Appraisal District as Property ID 153541.

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1941 E. Jeter Road, Bartonville, TX 76226 817-693-5280

March 26, 2021

Property Owner

RE: Notice of Public Hearing for a Change of Zoning Designation of Dyer Estates, Lot 4,

approximately 4.732 acres, from Agriculture District (AG) to Residential Estates 2 (RE-2) located at 975 Dyer Road, Bartonville, Texas.

Dear Property Owner,

In accordance with state and local zoning laws, all owners of land within two hundred feet of any property being considered for a change of zoning designation must be afforded an opportunity to address the subject at a public hearing held for this purpose.

Per the Denton County Appraisal District records, you own property (Property ID X) within two hundred feet (200’) of the property described above. The owner for this property has made an application for a change of zoning designation as follows:

Ordinance amending the Town of Bartonville Code of Ordinances, Chapter 14, Exhibit “A,” Article 14.02, Ordinance 361-05, Zoning regulations for the Town of Bartonville, to change the zoning designation of Dyer Estates, Lot 4, containing approximately 4.732 acres, from Agriculture District (AG) to Residential Estates 2 (RE-2).

You are hereby notified that the Bartonville Planning and Zoning Commission and Bartonville Town Council will conduct two public hearings regarding change of zoning designation for the subject property which may be of interest to you as follows:

Bartonville Planning and Zoning Commission Public Hearing

Date/Time: Wednesday, April 7, 2021 at 7:00 p.m.

Location Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas; AND via teleconference/video due to COVID-19

Please Join Zoom Meeting from your computer, tablet or smartphone.

https://us02web.zoom.us/j/88393922805?pwd=YmRFemVEUTA0NlNhTSthWjYzVWhSdz09

or www.zoom.com, join meeting and use the following ID and Password

Meeting ID: 883 9392 2805 Password: 204085

You may also dial in using your phone toll free.

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Bartonville Town Council Public Hearing

Date/Time: Tuesday, April 20, 2021 at 7:00 p.m.

Location: Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas; AND via teleconference/video due to COVID-19

Please Join Zoom Meeting from your computer, tablet or smartphone.

https://us02web.zoom.us/j/82448169862?pwd=TjFMaTUzcTE2cThLRHFMVUdUSjNlZz09

or www.zoom.com, join meeting and use the following ID and Password

Meeting ID: 824 4816 9862 Password: 608480

You may also dial in using your phone toll free.

1-877-853-5257, Meeting ID: 824 4816 9862, Password: 608480

Written testimony in support or in opposition to an agenda item may be submitted in lieu of verbal testimony. Submissions that are received by 4:30 p.m. the Wednesday prior to the town council/board meeting will be included in the agenda packet. Written submissions received after this time will be provided to the town council/board at the beginning of the meeting. Written testimony must include the writer's name, address, and hearing subject matter.

Should you have any questions regarding this matter, please feel free to contact me at 817.693.5280 or sordeman@townofbartonville.com.

Sincerely,

Sylvia Ordeman Town Administrator

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Name Mailing Address City, State, ZIP Property ID

HENDRYX, PAUL A 975 DYER RD BARTONVILLE, TX 76226 153541

STRANGE, JAMES R & RITA E P O BOX 45 ARGYLE, TX 76226 153530

PORTZ, KELLY E 1015 DYER RD BARTONVILLE, TX 76226 153526

FULLER, LORENE ESTATE 1000 GIBBONS RD S   BARTONVILLE, TX 76226 64897 SMITH, ROBERT C & REGINA G 903 DYER RD BARTONVILLE, TX 76226 153552 BADMINTON HEIGHTS HOA 5751 KROGER DRIVE, SUITE 203 KELLER, TX 76244 523742 HURLEY, LES & HEATHER 901 BADMINTON DR BARTONVILLE, TX 76226 667492 WALLACE, MICHAEL G 971 BADMINTON DR BARTONVILLE, TX 76226 275365 WESTON, WILLIAM B IV & STORMY J 970 BADMINTON DR BARTONVILLE, TX 76226 523741 ZABLOSKY, KEVIN 1050 BADMINTON DR BARTONVILLE, TX 76226 523740

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DENTON RECORD−CHRONICLE P.O. BOX 369

DENTON TX 76202 (940)566−6800

ORDER CONFIRMATION (CONTINUED)

Salesperson: Legals Denton Printed at 03/18/21 14:01 by plaga−dm −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 232 Ad #: 34230 Status: New

The Planning and Zoning Commission for the Town of

Bartonville, Texas, will conduct a public hearing at 7:00 p.m. on

April 7, 2021, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, AND by teleconference/video due to COVID-19, for the public to offer public comment by calling 877-853-5257, Meeting ID 883 9392 2805, Passcode 204085, 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 for the Town of Bartonville, to change the zoning designation of Dyer Estates, Lot 4, containing approximately 4.732 acres, from Agriculture District (AG) to Residential Estates 2 (RE-2). The tract of land is located at 975 Dyer Road, Bartonville, Texas. The Town Council will conduct a second Public Hearing at 7:00 p.m. on Tuesday, April 20, 2021, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, AND by teleconference/video due to COVID-19, for the public to offer public comment by calling 877-853-5257, Meeting ID 824 4816 9862, Passcode 608480, to hear public comment and consider the change of zoning

designation and

recommendations of the Planning and Zoning Commission. All interested parties are encouraged to attend.

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Planning and Zoning Commission Work Session Item # 1

DATE: April 7, 2021

FROM: Sylvia Ordeman, Town Administrator

ITEM: Discussion on Equestrian Center issues and related ordinance provisions.

Summary

The Planning & Zoning Commission will review and discuss equestrian center issues and related ordinance provisions.

ATTACHMENTS:

• Related Information from Town of Bartonville’s Code of Ordinances

• Definition and Land Use information of “Equestrian Center” and related definitions dealing with horses

• Site Plan Requirement information for single-family residential development that contains a private amenity or facility, i.e. horse stable

• Zoning District information for related structure location and site plan approvals/standards

• Town of Bartonville Code of Ordinances, Chapter 14, Exhibit A, Division 1, Chapter 1 “General Provisions”

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Definitions / Land Use Table Information

(7) Agriculture. The production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to: forages and sod crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program, but does not include concentrated animal or poultry feeding or breeding operations. All agricultural uses which include animals shall be maintained in compliance with the applicable rules and regulations of the Town of Bartonville, including prohibitions therein. (permitted in AG, RE-5, RE-2, RLI)

(74) Farms, General - Livestock/Ranch. An area used for the raising thereon of the usual farm animals such as horses, cattle, and sheep and including the necessary accessory uses for raising, treating, and storing animals on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of husbandry

specifically prohibited by ordinance or law. (permitted in AG, RE-5, RE-2, and conditionally permitted in RE-1)

(69) Equestrian Center. A building, land or facilities regularly used for equestrian activities, including but not limited to the boarding, schooling, training, hiring, selling, showing, competing or exhibition of horses or ponies. (conditionally permitted in AG, RE-5, and RE-2. Supplemental Standards in RE-2 states equestrian centers or animal-assisted therapy uses shall not be granted unless the application is for 5 or more acres)

(107) Large Animal Breeding. Any operation which boards, [or] provides stalls or pens for the purpose of breeding large animals such as horses, mules or cattle. (permitted in AG, RE-5, RE-2, and RLI. The Land Use Table has a note stating “5-acre site or larger”)

(165) Riding Academy. A business which offers equestrian riding lessons or classes, horse rental and relating activities. (conditionally permitted in AG and RE-5)

(177) Stable, Commercial. A stable for horses, mules or ponies, used for the rental of stall space for more than 6 horses, mules or ponies or used for the sale or rental of more than 6 horses, mules or ponies. (conditionally permitted in AG, RE-5, and RE-2)

(178) Stable, Private. A stable used solely for the owner's private purposes for the keeping of horses, mules or ponies. (See Section 21.5 - Standards for Private Stables. [sic]) Rental stalls for the purposes of boarding horses, mules or ponies are allowed for up to six (6) horses, mules

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or ponies. If more than six (6) stalls are used for the rental of stall space or the rental or sale of horses, mules or ponies, it shall be considered a commercial stable. (permitted in AG, RE-5, RE-2, RE-1, MH, and RLI)

Site Plan Requirement Chapter 3.2.E

E. Applicability: Submission and approval of a General Site Plan shall be required for development within the AG, RE-5, RE-2, R-1, MH, RLI, RB, VC, GC and P/SP zoning districts as follows:

1. For any new nonresidential development;

2. For any increase in an existing nonresidential structure that is greater than thirty (30) percent of the existing building square footage; or

3. For that portion of a single-family residential development that contains a private amenity or facility - i.e. recreation center, park, horse stable, etc.

Zoning District Information

AG, RE-5, RE-2, RE-1, and MH have a note stating, “Any buildings, structure or yard for raising, feeding, pasturing, housing of livestock or poultry shall be located no closer than fifty (50) feet from the property line.”; RLI does not have this note.

AG, RE-5, RE-2, RE-1, and MH have a note stating, “Standards for Nonresidential Uses. Site plan approval (see Chapter 2 [3]) shall be required for any permitted nonresidential use (e.g., school, church, private recreation facility, etc.) in the ___ district. Any

nonresidential land use which may be permitted in this district shall conform to the “RB” - Rural Business standards with respect to building setbacks, landscaping, exterior

building construction, screening requirements, lighting, signage, etc. Said site plan approval shall not be required for home occupations uses that conform to the Town's standards.”

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CHAPTER 1. GENERAL PROVISIONS

1.1 TITLE

This ordinance including appendices A, B, C and D, shall be known as and may be cited and referred to as the “Comprehensive Zoning Ordinance” to the same effect. (Ordinance 361-05 adopted 3/22/05)

1.2 PURPOSES AND AUTHORITY

The zoning regulations herein established have been made in accordance with the adopted Comprehensive Plan, as amended, (“Comprehensive Plan”), for the purpose of promoting the health, safety, comfort, convenience, morals and general welfare of the Town. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable considerations among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving and stabilizing the value of property and encouraging the most appropriate use of land throughout the community. (Ordinance 361-05 adopted 3/22/05)

1.3 APPLICABILITY

A. This ordinance supersedes prior zoning regulations in its entirety. The provisions of these regulations including all appendices shall apply to all land, property and development in the Town of Bartonville, except as expressly and specifically provided otherwise in this Ordinance. No development shall be undertaken without prior authorization pursuant to these regulations.

B. All land and property owned by the Town of Bartonville shall be expressly exempt from these regulations.

(Ordinance 361-05 adopted 3/22/05; Ordinance 382-06 adopted 2/21/06)

1.4 CONSISTENCY WITH COMPREHENSIVE PLAN

A. These zoning regulations and the zoning map adopted herewith are intended to implement the goals and policies of the Town of Bartonville Comprehensive Plan and are hereby deemed to be consistent with and in accordance with the adopted Comprehensive Plan for the Town. Any

amendments to such regulations and all applications for a change to the zoning map shall be consistent with the Comprehensive Plan, as may be amended from time to time.

B. An amendment to the text of the zoning ordinance is consistent with and in accordance with the Comprehensive Plan if it complies with the goals and policies stated in the plan, as may be amended from time to time. An amendment to the zoning map is consistent with the Comprehensive Plan if the map amendment is consistent with the land use diagram contained in the plan, as may be amended from time to time.

(Ordinance 361-05 adopted 3/22/05)

1.5 COORDINATION WITH OTHER REGULATIONS

It is the intent of the Town of Bartonville that these zoning regulations be applied in a manner consistent with other regulations governing the use and development of land, including but not limited to subdivision regulations, floodplain regulations and other applicable Town regulations. Applications for permits required by other

development regulations may be submitted simultaneously with applications for permits required by the zoning regulations wherever feasible, or as may be otherwise directed by these regulations. (Ordinance 361-05 adopted 3/22/05)

1.6 DEVELOPMENT UNDER PRIOR REGULATIONS

The following types of development applications are exempt from the requirements of this Zoning Ordinance, except as otherwise stated expressly herein. Exempt applications shall be processed and decided under zoning regulations in effect immediately preceding the effective date of these zoning regulations and such regulations shall be kept in effect for such purpose.

A. Residential development applications for land subject to a final plat that was approved prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved. B. Development applications for land subject to a site plan that was approved pursuant to Chapter 3

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of this Ordinance, as amended, prior to the effective date of this ordinance, or that was filed prior to such date and is subsequently approved.

C. Any request for an amendment of an approved preliminary plat or site plan otherwise exempted under this section shall be considered a new application and all requirements of this zoning ordinance shall be applicable to such request.

D. For purposes of design review, any exemption conferred by Appendix A Section A.4 of this ordinance.

(Ordinance 361-05 adopted 3/22/05)

1.7 INTERPRETATION/SEPARABILITY

A. It is the intent of the Town of Bartonville to adopt these entire zoning regulations as a legal unit as a part of the Comprehensive Plan for the Town. Any words which appear to be precatory in nature are to be interpreted as though they were positive and conclusive.

B. Should any section, subsection, paragraph, sentence, clause, or phrase of these regulations be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of these regulations.

(Ordinance 361-05 adopted 3/22/05)

1.8 DESIGN CRITERIA

A. The Town Council may from time to time establish by resolution design criteria, which are intended to facilitate administration of these zoning regulations. Such guidelines shall serve as illustrations of methods and techniques of implementing standards contained in the zoning regulations, but shall not be the exclusive means of achieving such standards. In the event of any conflict between a standard

contained in the zoning regulations and a design guideline, the standard in the zoning ordinance shall control. (Ordinance 361-05 adopted 3/22/05)

1.9 EFFECT OF ORDINANCE

A. Preserving Rights in Pending Litigation and Violations Under Existing Ordinances

1. By the passage of this Ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use.

Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the prior Zoning Ordinance was repealed or superseded and the present Zoning Ordinance adopted, shall be

discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior Ordinance had not been repealed or superseded.

(Ordinance 361-05 adopted 3/22/05)

1.10 EFFECT OF INTERPRETATION

A. The provisions of this Ordinance and all appendices shall be held to [be] the minimum

requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements,

covenants or other agreements between parties, provided, however, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this Ordinance shall

govern. (Ordinance 361-05 adopted 3/22/05)

1.11 NONCONFORMING USES AND STRUCTURES

A. Intent of Provisions:

1. Within the districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to permit such nonconforming uses to continue, as long as the

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otherwise provided in this Section (Also see Appendix A.3 for applicable variance procedures). 2. It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided in this Section.

3. Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

B. Nonconforming Status:

1. Any use, platted lot or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection 3. below, shall be deemed a nonconforming use, platted lot or structure provided that: a. Such use, platted lot or structure was in existence under and in compliance with the provisions of the immediately prior zoning ordinance; or

b. Such use, platted lot or structure was a lawful, nonconforming use, platted lot or structure under the immediately prior zoning ordinance; or

c. Such use, platted lot or structure was in existence at the time of annexation into the Town, was a legal use of the land at such time, and has been in regular and continuous use since such time.

2. Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection 3. below, shall be deemed to be in violation of this Ordinance, and the Town shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure.

3. The following types of platted lots shall be deemed conforming lots as lots of record,

notwithstanding the fact that such lots do not meet the standards of this Ordinance in the zoning district in which they are located:

a. Any vacant lot that conformed to the Town’s zoning district regulations at the time that it was platted; or

b. Any lot occupied by a single-family dwelling authorized under the zoning district regulations in which the lot is located.

4. A lot of record that is nonconforming may be occupied by a single-family dwelling provided that the zoning district in which the lot of record is located allows a single-family land use.

C. Continuing Lawful Use of Land and Structures:

1. A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

2. A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

D. Abandonment of Nonconforming Uses and Structures, and Cessation of Use of Structure or Land: 1. If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable Town codes or ordinances that are in effect at the time the use is resumed or the structure is re-occupied. 2. A nonconforming use or structure shall be deemed “abandoned” in the following circumstances: a. The use ceases to operate for a continuous period of six (6) months (i.e., 180 calendar days); b. The structure remains vacant for a continuous period of six (6) months (i.e., 180 calendar days); or c. In the case of a temporary use, the use is moved from the premises for any length of time.

3. If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this Ordinance (or amendment thereto) is made

nonconforming by this Ordinance (or amendment thereto), then such storage use shall cease within six (6) months (i.e., 180 calendar days) following the effective date of this Ordinance (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles,

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and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

E. Changing Nonconforming Uses:

1. A nonconforming use shall not be changed to another nonconforming use.

2. A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

3. A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to a nonconforming use.

F. Expansion of Nonconforming Uses and Structures:

1. A nonconforming use may be extended throughout the structure in which it is located, provided that:

a. The structure or its premises shall not be enlarged or increased in height, in floor area or in land area to accommodate extension of the nonconforming use;

b. No alteration shall be made to the structure occupied by the nonconforming use, except those alterations that are required by law to preserve the integrity of the structure and alterations that would upgrade the quality, safety or aesthetic appeal of the structure; and

c. The number of dwelling units occupying the structure shall not exceed the number of dwelling units existing at the time the use became nonconforming.

2. A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

3. A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.

G. Reconstruction or Repair of Nonconforming Structure:

1. If more than fifty percent (50%) of the total appraised value, as determined by the Denton Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.

2. If less than fifty percent (50%) of the total appraised value, as determined by the Denton Central Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within one (1) year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Town Secretary (or his/her designee).

3. If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Subsection F. above.

4. Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance.

5. Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure’s appraised value, as determined by the Denton Central Appraisal District.

H. Moving of Nonconforming Structure:

1. No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require any permits required by the Town, and may also require platting of the intended building site pursuant to the Town’s Development Ordinance as well as concept plan, site plan or building permit plan approval as required by this Zoning Ordinance.

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I. Nonconforming Lots:

(1) In any district in which single-family dwellings are permitted, a single-family residence may be erected on any single lot of record which existed as of May 10, 1983. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership. This provision shall apply even though such lot fails to meet the requirements of the district in which it is located for area, or dimensions, provided, however, that the requirements of the district for minimum yard setbacks shall be met unless a variance to said requirements has been granted by the Board of Adjustment.

(2) If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and part, or all of said lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lots shall be considered for the purpose of this Ordinance to be an undivided parcel, and no portion of said parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Ordinance.

J. Right to Proceed Reserved:

1. Nothing contained in this Section 1.23 [1.11] is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code Section 43.002, or Sections 245.001 to 245.006, Also See Appendix Section A.4.

(Ordinance 361-05 adopted 3/22/05; Ordinance 527-12, sec. 1, adopted 1/17/12)

1.12 PAYMENT OF ALL INDEBTEDNESS ATTRIBUTABLE TO THE SUBJECT PROPERTY

A. No person who owes delinquent taxes, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the Town of Bartonville, and which are directly attributable to a piece of property shall be allowed to submit any application for any type of zoning change or plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the Town of Bartonville shall have been first fully discharged by payment, or until an arrangement, satisfactory to the Town, has been made for the payment of such debts or obligations or if written documentation from the Denton Central Appraisal District is provided indicating the property valuation is under review or in dispute. It shall be the applicant’s responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements

satisfactory to the Town have been made for payment of said taxes, fees, etc. (Ordinance 361-05 adopted 3/22/05)

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