Planning Commission - Regular Meeting

like to call to order the city of Belton Planning Commission session for October 7, 2025. Could we have the roll call, please? Commissioner Shut here. Commissioner Crate, Commissioner Mcdana here, Commissioner Rugles here, Commissioner McFersonen here, Commissioner Christensen, Commissioner Walton here, Commissioner or Council Member Bryan here, Mayor Larky here, and I will add that Mr. Walton was on time

for the record. So, so our uh first item we will have is the approval of the minutes from our uh actually this is the November 4th. I'm sorry I said October 7th. Uh this is our November 4 meeting and uh first item is the approval of the October 7 minutes that have been printed and distributed. Are there any corrections, adjustments? Motion to approve the minutes of October 7th, 2025 as presented. Second. Second. Uh all those in favor of approval say I.

I. I. Any opposed?

Um first item that we have or the next item is new business. Uh item is presentation of POJ25-00006 a request from TCG and CPG LLC for revive for approval of a resoning of three parcel totaling. 0.87 87 acres from C2 general commercial to R3 multiple family zoning for use of existing two family and multifamily buildings located at 301- 321B Street and 308 East Walnut Street and Miss Fernandez.

Great. Thank you. An application was filed to reszone three lots from C2 general commercial to R3 multifamily on the northwest corner of B Street and East Walnut Street for the purpose of utilizing the existing duplexes and apartment building. The lots totaling zero 0.87 acres are adjacent to Scooters Coffee duplexes, single family and commercial businesses. Currently, there are four duplexes and an apartment building um with an auto body shop attached um totaling 16 units total located on the subject property. Uh the property owner is requesting to reszone the property to R3 multifamily to allow the continued use of the residential properties and bring them out of legal non-conforming status where they're currently in. and in doing so, the auto body shop would then become legal non-conforming. Uh the current 20 uh 2050 comprehensive plan future land use map designates this area as mixed use. The proposed resoning um and land use brings the property more in compliance than the C2 zoning designation that it currently has. And the reasonzoning also aligns with the goal of providing more housing units downtown. Um, with that staff recommends approval of the application for resoning at this location with the one condition listed in the staff report.

I'm here for questions and the applicants here as well. Is the applicant here? Would you like to say speak or did staff cover everything? anything additional you'd like us to know? If so, if you'd come to the microphone here and state your name so we can get record.

My name is Devin Wilson. Um, I think she pretty much covered everything. Um, I don't know if it matters, but it's CPC. I don't know if that's how but anyways, but um, I think she covered everything. We just want to use it. It's mostly a family area and so there's one building there, the last one that's not renovated that we want to renovate to make the block more beautiful and to fit in with the rest of the homes that are fully renovated. So, we want to be able to bring that last house into a residential two units and I think it would fit well in the neighborhood and better than being a business because there's not as much parking which would make create more of a hassle for the people around. So we think making it residential would make the city look better, would improve the area and just provide more good housing for people, which is our goal. We'll open the uh meeting or open a public hearing and ask if there is anyone that would like to speak either in favor or in opposition. I don't know you yet, but I'll meet you.

My name is Mindy Hicks and I've lived there for almost eight years in 301 and I would like to know that we're going to be safe there as residential and know that, you know, it's a good neighborhood. Um, and I'd like to keep it the same. Uhhuh. M. Yes. You please write your name and address. Make sure I have it corrected. Is there anyone else to speak for an opposition? We will close the public hearing and open it to the uh council.

Commissioners, any questions, comments? Thank you. Thank you. Okay. Don, so we're going to the car thing that's there is going to stay the way it is. Yes. If the property is reszoned to multifamily, then the auto shop becomes legal non-conforming, which means that it can stay in its existing condition until it leaves and then something could not go back in its place of the same type. Okay. And we're talking about the house next to scooters is the one that's not in the right zoning. The entire block is zoned C2. So we would be reszoning the entire block.

Okay. To R3. So instead of individual buildings, it would be the entire block. Yeah. It would be all three parcels. And that's what would cause then the auto shop to be the auto shop is actually connected to the apartment building. So there wouldn't be a way to actually reszone that separately. Mayor, you mentioned something that was wrong when you came up. I just want to make sure we we have something wrong. a C instead of G. It It's the LLC should be um TCG CPC instead of CP. So we

we have it correct in the system. Just a typo there. I'm good. Thank you, Mayor. Any other comments, questions?

I got another question. So if the Autobot shop ever comes empty, what's his plans to do with it? Um, so it would follow the legal non-conforming regulations in the UDC, which means essentially if their business license isn't active for a year, then something of the same type can't go back in. So then you would be allowed to use a space under anything allowed under the R3 zoning district. So um, they could expand the apartment building. They could put another housing unit in there. Um, you could do anything under the R3 zoning. Okay. But they would it have to come back through us again?

Yes. For any new building or addition or anything like that? Yeah. So with that the auto body shop being legal non-conforming, could they alter anything in their body shop now or what's the restrictions on that? Yeah. So legal non-conforming properties can't expand. They can't do additions. They have to basically stay within their existing footprint. Okay. They could do interior remodeling, exterior remodeling as far as it's not changing the footprint, but nothing. They they can upgrade utilities and do other things in there. They just can't expand the footprint or the intensity of the use that's there.

Um, and just a little bit additional background, the reason why this came forward is uh the applicant recently acquired the property. Um, and there's an existing duplex on the corner of B and Walnut that has been vacant for a number of years. So, based on that, because of the C2 zoning, since it's been vacant for longer than a year, they were not allowed to rehabilitate that for residential use. So, that's why we um are going through this process is to make the multif family the predominant um legal use there and the autooriented use the legal non-conforming use. So, we're basically just flipping it from commercial to residential. Okay.

There questions or comments? Mr. Chair, I'd make a motion we approve project 25-006 as presented. Second it. Motion in a second. Any final thoughts or comments? Do you have the roll call, please? Commissioner Shut. I. Commissioner Crate. I Commissioner Mcdana I Commissioner Rugles I Commissioner McFersonen I Commissioner Walton I council member Bryan I and Mayor Lurkey I

appreciate that and uh Mr. Wilson, appreciate your desire to uh help improve our area as as well and uh thank you for for bringing this to us.

Moving on to our next item would be presentation of FMP25-001 amended request. This is a request from Kam Design Group LLC to approve an amended final development plan for the previously approved Quickstop gas station at 1645 North Scott Avenue. And we'll ask our director, Mr. Wright, to Y. Thank you, Chair McFersonson and commissioners. Um, before you this evening is an amended final development plan for the previously approved quickstop gas station at 1645 North Scott Avenue. Uh, this was the location of a former Domino's. um which has been vacant now for six or seven years. Um and the planning commission approved the development plan back in April to expand the existing building and um add eight fuel pumps to um the site. Um after putting the project out for bid, the applicant determined based on contractor feedback that the Domino's building was not salvageable. um which I think there were questions about that from the commission um back in April. So they have uh arrived at that determination and with that have brought forward an amended site plan essentially keeping the building the same um the same number of fuel pumps. It's just we're rotating the building and oriented um the convenience store facing North Scott as opposed to facing north. Um so overall a little bit more of a common typical site plan. Um all parking requirements are still met on site and I think access um around the site is also improved with this plan. Uh building design is the same. Gas canopy remains the same. Um landscaping is also improved. Um there's a little bit additional areas for landscaping that have been provided. Um so overall uh we think it's an improvement on the site

plan. There still are a few modifications um that are needed to accommodate this which are the same modifications that were provided for last time. One of those though that is removed is the southside setback which is no longer needed. So all setbacks have been met. Um they still will have the 18 foot um deep stall widths or stall depths um landscaping in the rightway along North Scott. Um and then a decrease on the monument sign. Um there is one modification here that doesn't meet the code. Um they still have the sign up here. Um previously they had it down here with a three-foot setback which we approved that modification. Uh they do show it up here with five foot setbacks. However, that's still within a 10-ft utility easement. So that is one of the conditions they will have to relocate that outside of that utility easement as long as they're still with uh meeting at least a three-foot setback from anywhere else from the property lines. U the only thing I will note is the phototric plan. Um there are some sections of the phototric plan where we have a maximum of one foot candle from the property lines. However, they do exceed that. Um just based on where this the light poles are um but however we believe that those are acceptable because they are still facing inward and they're downcast so they're not shining out on street or adjacent properties. So that's the only other modification. We believe that that lighting plan still meets the intent of the code and obviously a lot of these facilities uh may be up to a 24h hour. So, the security is important with the lighting and I'm happy to answer any questions if there are any

questions, comments from Sure.

Um, so on the site plan, they had it located up here at the northwest corner um closest to 155th and North Scott intersection. However, that there is a 10-ft utilities along the north property line that they will have to keep the sign out of which puts that into the pavement area. So, our recommendation would be that they come back down here uh at the southwest corner, which is where they were um originally located. Um, additionally, they don't have any parking here, so they have some room to even add a little bit more green space at that corner to fit the sign in. No, there's uh plenty of setback there off of the actual street.

If I recall, one of the or some of the discussion was about the ingress and egress onto uh North Scott. Does this change anything as far as their their drive coming in and out? Is that going to uh there?

The access point stays the same for this um and then the restrictions on the turn movements still remain the same because the drive is still located in the same spot. However, vehicles um maneuvering through the site um it has a more of a circular route than previously. All the traffic had to pass by the convenience store to get to the gas pumps. So we're se it's a little bit easier to separate the customers who are just coming to the convenience store from those that are just coming to get gas. Getting on to North Scott will not be any different. It'll be what we had already discussed but correct? Any other questions, comments?

Mr. Chair, I'd make a motion to approve FMP25-001 amended request as presented. Second. Thank you for the second. Any final comments or questions? Seeing none, could we have the roll call, please? Commissioner McFersonson, I. Commissioner Walton, I. Commissioner Shut. I. Commissioner Crate. I. Commissioner Mcdana. Hi. Commissioner Ruggles. Hi. Mayor Larkin. Hi. Council member Pryan. Hi.

Thank you. Um, next item would be an update on our unified development code.

Yeah, our consulting team has completed the public engagement phase of the process. Um, the survey closed um back in midocctober and they've compiled all of the survey results um to take um take that into consideration as part of their drafting. Um they've started the drafting process. The first thing that they've done is take taken a look at the table of contents and how the code can be better rearranged based on how it's utilized. Um, as part of that, there are um some existing chapters within the UDC that will likely be removed from the UDC and and brought into the code of ordinances. Um, so those include the building and fire codes, property maintenance codes, and water and sewer codes because those typically are not part of a zoning code. Um, and so then it's just strictly focused on the zoning items. Those things will be referenced in the code of ordinances, which also makes those easier to make amendments to as opposed to the unified development code, which goes through a full 75 to 90day process for those amendments. Um, once they've kind of established that, they will start from the top of the table of contents working their way um towards the end. Um so the first thing they'll be looking at is the processes and procedures um where that can be um kind of streamlined to make the process a little bit smoother um and address some of the things that have regularly come up through our processes and procedures over the last few years. Um so stay tuned for any updates on that. Um but we are still looking at probably having a a full draft hopefully sometime late winter, early spring that will be brought forward to um planning commission and council as part of a work a workshop and then we'll there will also be a community meeting for that.

What kind of response was there on the survey? Did they have a pretty good uh response rate? I believe it was 143 responses which was more than we anticipated. Um, so I think having that shared out on social media really helped um, attract some attention to that and it was also in one of our uh, citywide newsletters that went out through an email blast.

Our next item, director, any additional items to report? No additional items. Uh, we do have upcoming meetings scheduled Tuesday, November 18th, which we do have an application uh, to bring forward that evening. and then Tuesday, December 2nd. Um, nothing on that calendar yet, but it's still we're still within the time frame where we could receive some applications. And that's it. Any other items from commission? Second. Second. All those in favor of adjournment say I. I. Any opposed?