OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fort Smith Planning Commission and Board of Zoning Adjustment Meeting - September 9, 2025

Meeting PortalTuesday, September 9, 2025
BodyFort Smith, Arkansas
SessionMeeting Portal
DateTuesday, September 9, 2025
StatusFILED
Video Record
0:00 / 1:41:40

Transcript — Verbatim
3:24

Good evening, everyone.

3:26

I'd like to welcome you to the September twenty twenty-five Fort Smith City Planning Commission meeting.

3:32

I'd ask everybody to kindly stand and say the Pledge of Allegiance.

3:54

Okay, I'd ask the Secretary to call the role, please.

3:59

Vicky Newton here.

4:01

Zach Ledford.

4:04

Kelly Wilson here.

4:05

Griffin Hannah here.

4:06

David Tyler.

4:09

Matt Marshall.

4:12

Here.

4:13

We have seven commissioners present and two absent.

4:16

All right.

4:16

Thank you very much.

4:17

I'd uh ask the commissioners that they'd had an opportunity to review the August twelfth, twenty twenty-five meeting minutes.

4:28

Or if not, I'd ask for a motion to approve.

4:32

Second.

4:33

All those in favor?

4:35

Any opposed?

4:37

All right.

4:38

All right.

4:38

I'll ask the staff to give our comments and procedures for tonight's meeting.

4:43

Good evening, ladies and gentlemen, and welcome to the September 9th, 2025 Planning Commission meeting.

5:00

This evening, the planning commission will be reviewing the following items conditional use requests, development plans, rezonings, and a map and master land use plan amendments.

5:06

The planning commission's actions this evening on conditional use requests and development plans will require a majority vote of those members present in voting and will be final unless an interested party appeals the decision of the planning commission to the city board of directors.

5:21

Appeals will be presented to the City Board of Directors for their review at a future study session here at the Blue Lion.

5:27

The Master Land Use Plan Amendments and rezonings if receiving approval of the planning commission with a required minimum of five yes votes will be presented to the city board of directors for their review at the October 14th, 2025 meeting at 6 p.m., which is also located in the Blue Lion, which is this building 101 North 2nd Street.

5:49

The Board of Direct the Board of Zoning Adjustment, which consists of members of the planning commission will be reviewing variance requests this evening.

5:55

The action of the Board of Zoning Adjustment will be final unless appealed to a court of jurisdiction.

6:03

All right, Maggie, thank you very much.

6:05

Our first items are annexation items 1A through 2E.

6:10

There's a master land use plan amendments and zoning changes associated with I believe seven items, and I would ask uh Tyler to present those, please.

6:20

Thank you, Chairman.

6:21

Um I will present the five master land use, and then there will also be five uh zonings.

6:27

Uh the application numbers are the same for the master land use as uh master land use plan amendment 9925 A, the first one of the five is requested by the City of Fort Smith for a master land use plan amendment from unclassified, which was formerly extraterritorial jurisdiction yet to be determined, and extra territorial jurisdiction, low density residential and extraterritorial jurisdiction industrial uh to a mixed use residential uh at the following locations to accommodate an open one zoning district as shown on exhibit A.

7:02

Parcel 6001-0000-05 615-00, owned by Brian and Tanya Rank and located on the east side of the State Line Road in South Stanfield Avenue.

7:15

8022 Highway 271 South, Parcel 6001-40-05, 613-02, owned by Eliad Properties LLC, Parcel 6301-40-05, 613-01, owned by Bobby V and Sheila Goodwin, and located behind AD 22 Highway 271 South.

7:38

8106 Highway 271 South, Parcel 6001-40-05610-00 owned by Robert Allen Sr.

7:48

8201 Texas Road, Parcel 6001-40s-05602-01, owned by Superior Rentals Properties LLC.

7:58

Parcels 60301-40-05-613-00 owned by Briar Pirrison and Linda Porter, and located on the west side of Highway 271 South and West and West Side of Highway 271 South and Mesa Drive intersection.

8:16

1002, 910, and 900 Mesa Drive as well.

8:22

And I'm stating all those to make sure we have it on record.

8:26

This section of the master land use plan is approximately 15.31 acres.

8:31

Two neighborhood meetings were held for the master land use and rezoning applications for all of these reports.

8:37

So I will only read that once.

8:39

The meetings were held on September 3rd at 5 p.m.

8:42

and also at September 4th at 4 p.m.

8:44

at 1025 School Street at Cavanaugh Elementary School Tornado Shelter.

8:49

Although we did have a couple applicants that were within the uh proposed rezoning and master land use annexation area that we've spoken to a few different times.

8:58

Five adjacent neighboring property owners attended the meeting with questions regarding how the rezoning process works and express support for the city rezoning these properties.

9:10

The subject properties currently do not have a master land use plan map designation, but were formerly within were within the ETJ area yet to be determined.

9:19

Uh ETJ low density residential and ETJ industrial classifications in conjunction with a proposed annexation.

9:28

The City of Fort Smith is proposing a designation for these shown of mixed use residential to accommodate the open one zoning district.

9:37

The master land use plan classification uh classification of the MUR is compatible with the O1 zoning district.

9:44

C staff additionally held two public input sessions for the annexation within the area for the actual property owners.

9:52

The two meetings were attended by approximately 10 property owners in total.

9:56

Staff also met several property owners individually to answer questions and explain the process.

10:01

Lastly, the board of directors also held held a public uh hearing on August 19th, 2025.

10:08

Staff does recommend approval of item 1A there.

10:12

Going on to one B, the same master land use plan number.

Discussion Breakdown — Share of Meeting
Zoning Variance█████████████████████████████████████████████50%
Homelessness██████████████████████24%
Procedural████████████13%
Community Engagement████████9%
Historic Preservation1%
Public Safety1%
Mental Health Awareness1%
Engineering And Infrastructure1%
Summary of Proceedings

Fort Smith Planning Commission and Board of Zoning Adjustment Meeting - September 9, 2025

The Fort Smith Planning Commission and Board of Zoning Adjustment met on September 9, 2025, at 5:30 PM in the Blue Lion Downtown, 101 North 2nd Street. The meeting covered multiple items including annexation-related master land use plan amendments and rezonings, variances, a conditional use for a homeless shelter, a planned zoning district, and several development plans. All items were approved except the conditional use for a homeless shelter at 615 North B Street, which was denied.

Consent Calendar

  • None. All items were considered individually.

Public Comments & Testimony

  • Item 7 – Homeless Shelter (615 North B Street): Numerous members of the public spoke. In opposition: Milo Mazor (414 North 7th Street, Historic District Commission chair) cited detrimental impact on the historic district and downtown businesses, noting existing issues with clients sleeping on the street. Clifton Culpepper (404 North 7th Street) raised concerns about noise, garbage, and trespassing. Dan Mazwar (414 North 7th Street) stated that residents bear the brunt of the problems while church representatives leave at 3 PM. Chris Carter (principal of Northside High School) opposed, citing negative impacts on downtown businesses and personal encounters. Richard Marsh (6th Street) argued the Board of Directors previously intended to move homeless services out of the neighborhood and questioned trust in Next Step. In support: Sharon Chapman, Executive Director of Next Step Homeless Services, explained the move is not an expansion but a relocation to a larger, accessible building, with services remaining day-only and food service staying at the current location. Galen Hunter (MAHG Architecture) provided updates on the new facility at 815 South 6th Street, noting it is in value engineering and expected to be completed in 14-16 months. Father Jim McDonald (St. John's Episcopal Church) stated the church owns the property and supports the move as part of its faith mission. Brian Dooley (CFO, Weldon Williams & Lick) supported, noting no security issues currently. Jenny Wilkinson (St. John's member) argued the church's religious mission should not be impeded by government. Kimberly Rucker (109 North 3rd Street) supported as a behavioral health expert. Bradley Martin (2121 Wolf Lane) supported, citing ADA accessibility improvements.
  • Item 8 – Variance (South 23rd Street): Stephen Henry (2311 South S Street) asked about a garage on the property and was assured by staff that no additional housing would be built without further approvals.
  • Item 12 – Variance (Prairie Drive): Stephen Henry asked whether Prairie Drive and Industrial Drive are built for heavy truck traffic. Staff responded that all city streets are built to a standard to accommodate truck weights.

Discussion Items

  • Master Land Use Plan Amendments #9-9-25 (Items 1A-1E) and Rezonings #21-9-25 (Items 2A-2E): These were companion items related to the annexation of approximately 45 acres along Highway 271, Texas Road, Mesa Drive, and State Line Road. The amendments changed the land use designation from unclassified (formerly ETJ) to Mixed-Use Residential (1A) and Office, Research, and Light Industrial (1B-1E). The corresponding rezonings established Open-1, Industrial Light Special, and Industrial Light districts with conditions including fencing, screening, and access restrictions. Staff recommended approval. No public comments were made. The Commission voted unanimously to approve each item.
  • Item 7 – Conditional Use #9-9-25 (Homeless Shelter): The applicant, MAHG Architecture on behalf of St. John's Episcopal Church, sought to allow Next Step Day Room to operate a homeless shelter in a C-6 Commercial Downtown zone at 615 North B Street. Staff recommended denial, citing that the approval would be counterproductive to the previously approved ordinance (33-22) requiring the closure of the current facility upon completion of a new shelter at 815 South 6th Street. The Commission discussed the 18-month timeline and the fire marshal's concerns about food service. After extensive public testimony, the Commission voted 8-0 to deny the motion to approve with staff conditions.
  • Item 10 – Rezoning #27-9-25 (PZD at Massard Road): Crafton Tull, agent for Huntington Circle Properties, requested a change from C-3 Special to Planned Zoning District (PZD) at 6210-6234 Massard Road to allow reduced lot sizes and setbacks while maintaining a common area. No public comments. The Commission voted unanimously to approve.
  • Item 11 – Conditional Use #10-9-25 (Mental Health Hospital): Mike Hathorn, owner, requested conditional use approval for a 16-bed mental health hospital in an I-1 zone at 5119 Wheeler Avenue. The applicant agreed to exclude sex offenders and violent felons. Staff recommended approval with conditions. The Commission voted 6-1 to approve, with Commissioner Tyler opposed.

Key Outcomes

  • Items 1A-1E (Master Land Use Plan Amendments): Approved 8-0 each.
  • Items 2A-2E (Rezonings): Approved 8-0 each.
  • Item 3 (Variance #24-9-25, Prairie Drive): Approved 8-0.
  • Item 4 (Master Land Use Plan Amendment #14-9-25): Approved 8-0.
  • Item 5 (Rezoning #26-9-25): Approved 8-0.
  • Item 6 (Development Plan #17-9-25): Approved 8-0.
  • Item 7 (Conditional Use #9-9-25): Denied 0-8 (motion to approve with staff conditions failed).
  • Item 8 (Variance #25-9-25): Approved 7-0.
  • Item 9 (Variance #26-9-25): Approved 7-0.
  • Item 10 (Rezoning #27-9-25): Approved 7-0.
  • Item 11 (Conditional Use #10-9-25): Approved 6-1 (Commissioner Tyler opposed).
  • Item 12 (Variance #27-9-25): Approved 7-0.
  • Item 13 (Master Land Use Plan Amendment #15-9-25): Approved 7-0.
  • Item 14 (Rezoning #28-9-25): Approved 7-0.
  • Item 15 (Development Plan #28-9-25): Approved 7-0.

The meeting adjourned at approximately 7:06 PM.

Meeting Transcript

Good evening, everyone. I'd like to welcome you to the September twenty twenty-five Fort Smith City Planning Commission meeting. I'd ask everybody to kindly stand and say the Pledge of Allegiance. Okay, I'd ask the Secretary to call the role, please. Vicky Newton here. Zach Ledford. Kelly Wilson here. Griffin Hannah here. David Tyler. Matt Marshall. Here. We have seven commissioners present and two absent. All right. Thank you very much. I'd uh ask the commissioners that they'd had an opportunity to review the August twelfth, twenty twenty-five meeting minutes. Or if not, I'd ask for a motion to approve. Second. All those in favor? Any opposed? All right. All right. I'll ask the staff to give our comments and procedures for tonight's meeting. Good evening, ladies and gentlemen, and welcome to the September 9th, 2025 Planning Commission meeting. This evening, the planning commission will be reviewing the following items conditional use requests, development plans, rezonings, and a map and master land use plan amendments. The planning commission's actions this evening on conditional use requests and development plans will require a majority vote of those members present in voting and will be final unless an interested party appeals the decision of the planning commission to the city board of directors. Appeals will be presented to the City Board of Directors for their review at a future study session here at the Blue Lion. The Master Land Use Plan Amendments and rezonings if receiving approval of the planning commission with a required minimum of five yes votes will be presented to the city board of directors for their review at the October 14th, 2025 meeting at 6 p.m., which is also located in the Blue Lion, which is this building 101 North 2nd Street. The Board of Direct the Board of Zoning Adjustment, which consists of members of the planning commission will be reviewing variance requests this evening. The action of the Board of Zoning Adjustment will be final unless appealed to a court of jurisdiction. All right, Maggie, thank you very much. Our first items are annexation items 1A through 2E. There's a master land use plan amendments and zoning changes associated with I believe seven items, and I would ask uh Tyler to present those, please. Thank you, Chairman. Um I will present the five master land use, and then there will also be five uh zonings. Uh the application numbers are the same for the master land use as uh master land use plan amendment 9925 A, the first one of the five is requested by the City of Fort Smith for a master land use plan amendment from unclassified, which was formerly extraterritorial jurisdiction yet to be determined, and extra territorial jurisdiction, low density residential and extraterritorial jurisdiction industrial uh to a mixed use residential uh at the following locations to accommodate an open one zoning district as shown on exhibit A. Parcel 6001-0000-05 615-00, owned by Brian and Tanya Rank and located on the east side of the State Line Road in South Stanfield Avenue. 8022 Highway 271 South, Parcel 6001-40-05, 613-02, owned by Eliad Properties LLC, Parcel 6301-40-05, 613-01, owned by Bobby V and Sheila Goodwin, and located behind AD 22 Highway 271 South. 8106 Highway 271 South, Parcel 6001-40-05610-00 owned by Robert Allen Sr. 8201 Texas Road, Parcel 6001-40s-05602-01, owned by Superior Rentals Properties LLC. Parcels 60301-40-05-613-00 owned by Briar Pirrison and Linda Porter, and located on the west side of Highway 271 South and West and West Side of Highway 271 South and Mesa Drive intersection. 1002, 910, and 900 Mesa Drive as well. And I'm stating all those to make sure we have it on record. This section of the master land use plan is approximately 15.31 acres. Two neighborhood meetings were held for the master land use and rezoning applications for all of these reports. So I will only read that once. The meetings were held on September 3rd at 5 p.m. and also at September 4th at 4 p.m. at 1025 School Street at Cavanaugh Elementary School Tornado Shelter. Although we did have a couple applicants that were within the uh proposed rezoning and master land use annexation area that we've spoken to a few different times. Five adjacent neighboring property owners attended the meeting with questions regarding how the rezoning process works and express support for the city rezoning these properties.

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