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.

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.

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

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

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

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

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

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

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

Staff does recommend approval of item 1A there.

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

Uh this amendment will be from uh unclassified, and the request will be to office research and light industrial uh to accommodate an I-1 special zone at these following properties 8103 Texas Road, Parcel 601-40s-05603-20s owned by COFER BM Properties LLC, 8116 Highway 271 South, Parcel 6001-40s-05-604-01 owned by COFOR Land Management LLC.

8111 Highway 271 South.

Uh 6001-40s-05611-00 again, owned by COFER Management LLC, 8112 Highway 271 South, Parcel 6001-40s-05604-00.

Again, another COFOR Land Management LLC.

And then also 8121 Texas Road, and that parcel is 6301-40s-05601-00.

Lastly, a COFAR LAN Management Property.

Now, this section here that Greg has shown on the map is uh approximately 14.36 acres.

The set these again, this section of the property does not have a master land use plan uh classification, but it was formerly within the ETJ.

In conjunction with this annexation, the city is proposing this office research and light industrial to accommodate the I-1 Special Zoning District.

And this master land use plan classification is compatible with that district.

Moving on to one C.

Again, the request by the City of Fort Smith for an office research and light industrial at the following properties.

Now this will also accommodate an I-1 special, but the special will be a little bit different than the previous ones for that zoning, and we'll dive into that here shortly.

At 8210 Highway 271 South, 60 60515-0002-50-20s, owned by R and R Highway 217 LLC.

Again, another 8210 Highway 271 South, parcel 60515 301-50-20s.

This is owned by Superior Rentals LLCs.

And then last 8114 Highway 271 South, 6001-40s-056-12-00 owned by R and R Highway 217 LLC.

In conjunction with the proposed annexation, this section, we're proposing the Office Research Light Industrial to accommodate this annexation and the I-1 Special Zoning District.

Again, you know, the office research does support that type of zoning district, and staff does recommend approval.

Moving on to the next one.

This will be for office research and light industrial, the following properties to accommodate an I-1 zone and a small portion of an O1 zone at 8104 Highway 271 South, 6001-40s-05597-00, owned by COFER BM Properties LLC.

And then the second parcel is at 6001-40s-05596-00.

And this is owned by Bill Bickey and Justin Cofer and located on the east side of Highway 271 South of 8104 Highway 271 South.

This is compatible land use, the Office Research and Light Industrial for these zoning districts and staff will be recommending approval of this as well.

Moving on to the last master land use plan.

This will be to request for an office research and light industrial and a mixed use residential at the subject property to accommodate both an I-1 special and an O1 zoning.

I'm sorry, 8220 South Highway 271, Parcel 60515 0003 50s-20s owned by Superior Rentals.

And Greg's kind of kept that up on the maps to keep up with those.

This is 21925 by the City of Fort Smith to consider a request from not zoned to open one by classification, as you can see there at map.

Now I'm gonna read these for the record, parcel 6001-40s, dash zero five six one five-zero zero.

And this one zoned by Brian and Tawny Rank and located on the east side of State Line Road and South of Sarah Stanfield Avenue.

8020 8022 Highway 271 South, Parcel 6001-40s-05613-02 owned by Eliad Properties LLC, Parcel 6301-40s-05613-01 owned by Bobby and Sheila Goodwin and located behind 8022 Highway 271 South, 8106 Highway 271 South, Parcel 6301-40s-05 610-00 owned by Robert Allen Senior, 8201 Texas Road, 6001-40s-05602-01 owned by Superior Rentals.

Parcels 6301-40s-05613-00 owned by Bira Patterson and Linda Porter, and located on the west side of Highway 271 South and west side of Highway 271 South and the Mesa Drive Intersection.

We had the Mesa Drive addresses as well.

And then lastly, 8121 Texas Road 6001-40s-05-601-20 at COFER land management.

This may be utilized as a zoning classification for properties until a distinct land use patterns have been developed in keeping within the city's master land use plan and other land use policies.

The open one will serve as a zoning designation for properties until a development is proposed that does not comply with the permitted conditional and accessory uses within this on one zoning district.

Additionally, there uh that there shall be no new open one zoning districts unless the property is subsequently annexed.

Very similar to the last annexation we did.

Staff will recommend approval of this.

Now I know you're gonna hear that through a couple more, but it's because those have a few different uh specials on there.

The addresses associated with this are 8103 Texas Road 6001 40056030 COFER BM Properties LLC.

8116 Highway 271 South Parshals 6001-40s-05604-01 COFER LAN Management LLC.

811 Highway 271 South, Parcel 6001-000-05611-00 owned by COFR Land Management LLC and the 8112 Highway 271 South, Parcel 6001-40s-05 604-00 owned by COFRET LAN Management LLC.

The property was previously zoned.

This this particular property, as you can see there on the old zoning maps, was previously zoned in March 2006 within the recently deregulated ETJ area with the above-mentioned conditions.

Additionally, the proposed I-1 permits the land uses to operate by right following compliance with the conditions.

And I have these conditions also listed lower.

They were mentioned above further in the staff report.

Staff will recommend the following with this.

A six-foot-tall opaque privacy fence must be installed adjacent to any properties developed for residential use.

A 200 foot long evergreen pine cedar red tip or similar screening buffer shall be planted along the northern boundary of the subject property, beginning 220 feet from the Texas Road.

Special 8210 Highway 271 South, Parcel 60515-0002-50s-20s owned by R and R Highway 217 LLC.

8210 Highway 271 South, Parshal 60515, 0001, 5020s owned by Superior Rentals Properties LLC and Address 8114 Highway 271 South, Parcel 6001-40s-05612-00 owned by RR Highway 217 LLC.

This particular property was previously zoned in March 2006, requiring the above mentioned conditions further in the staff report, which I'll get to.

Additionally, the requested I-1 zone permits the existing land uses they are there to operate by right following compliance with these conditions and staff does recommend approval.

Condition one would be no vehicular access from Texas Road as permitted.

And then item two the container storage area that they have must be screened.

Moving on, uh again, the same zoning number.

Let's see, playing kitchen zone request to an industrial light, not with a special and an 01 here as you see there on the screen.

At 8104 Highway 271 South, Parshal 6001-40s-05597-00.

And this is owned by Cobra BM Properties LLC in the second parcel there, that's smaller sliver, 6001-40s-0559-6-0, owned by Bill Vicky and Justin Coper and located on the east side of Highway 271 and south of uh 8104 Highway 271 South.

This particular property was zoned ETJ I1 in November of 2006 by ordinance 102-06 within the recently deregulated ETG ETJ area.

The property zone corresponds with what was that previous zoning and staff does recommend approval of that zone.

Moving on to the last one here.

This will be a request from not zone to an industrialized special and 01, as you see there on the screen at 8220 Highway 271 South.

This is partial 60515-0003-50-20 zoned by Superior Rental Properties LLC.

The property was zoned or previously zoned before the deregulated ETJ in March of 2006.

Now this ordinance number was 2406 and it required the below mentioned conditions.

Additionally, the requested I-1 zone permits the existing land uses they are offering at that site currently as long as they comply with the following.

Again, no vehicular access from Texas Road is permitted, and the container storage area shall be screened.

And that should conclude all of the reports.

All right.

Thank you very much, Tyler, for that.

Um are there those here to speak in favor of the application?

Anyone here opposed to these applications?

These master land use plan amendments and zonings.

All right.

And I guess we'll go just item by item here.

Let's start with 1A.

Do I need to do I need to read the addresses at all here?

No, okay.

All right.

All right.

So we'll just uh follow along with the scorecard here.

We're gonna go uh one by one.

One I 1A is a master and land use plan amendment.

I'd ask for a motion to get that on the floor.

Motion to approve is written.

Any comments or questions?

Not all ask for a vote.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson four.

Matt Marshall?

Vicky Newton four.

Griffin Hannah.

Four.

Zach Ledford?

Four.

David Tyler.

Four.

Eight in favor, zero.

Opposed.

Right.

We'll move to item one B, Master Land Use Plan Amendment.

Um this item.

Motion.

Y'all are gonna have to give me time to find that.

I'll just describe it.

Okay.

Got it.

Sorry.

Thank you.

All right.

Uh we have a motion and a second.

I'll ask for a uh vote, please on one B.

Rhett Taylor.

Four.

Kelly Wilson for Matt Marshall.

Four.

Vicky Newton four.

Griffin Hannah.

Four.

Zach Ledford?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Eight in favor, zero opposed.

Okay, moving on to item one C the master land use plan amendment for those addresses.

I'll ask for a motion, please.

Motion approved the additional staff comments and second.

I'll call for a vote, please.

Kelly Wilson for Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Ledford.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Right, Taylor.

Four.

Eight in favor, zero.

Opposed.

Right.

Uh one D master land use plan amendment as for a motion, please.

Make a motion to approve.

Second.

I'll ask for a vote on item one D, please.

Motion.

No, we've got vote.

Sorry.

We've got several of these folks.

Mount Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Lefford.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson.

Four.

Eight in favor, zero opposed.

All right.

We'll move to the last master land use plan amendment one e.

I'll ask for a motion, please.

Motion to approve is written.

Second.

All right.

I'll ask for a roll call vote on item one e Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Ledford?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Rhett Taylor.

Four.

Kelly Wilson.

Four.

Eight in favor, zero opposed.

Okay, we'll move to the corresponding zoning request.

Uh first one is two A zoning on those addresses as for a motion.

Make a motion to approve is written.

Second.

All right.

I'll ask for a roll call vote, please on two A.

Vicki Newton.

Four.

Griffin Hannah?

Four.

Zach Ledford.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Greg Taylor.

Four.

Kelly Wilson.

Four.

Matt Marshall.

Four.

Eight in favor, zero opposed.

Okay.

Two B zoning as for a motion.

Motion approved.

Second.

As for a roll call vote on two B.

Griffin Hannah?

Four.

Zach Leford?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Gret Taylor.

Four.

Kelly Wilson for Matt Marshall.

Four.

Vicky Newton.

Four.

Eight in favor, zero opposed.

As for a motion on item two C zoning.

I make a motion to approve as written.

Second.

As for a roll call on vote two C, please.

Zach Ledford.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Rhett Taylor.

Four.

Kelly Wilson for Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Eight in favor, zero opposed.

Right.

Uh item two D is zoning on those properties.

As for a motion.

I make a motion to approve is written.

Well second.

As for roll call vote on two D.

David Tyler.

Four.

Sean McCaffrey.

Four.

Rhett Taylor.

Four.

Kelly Wilson.

Four.

Rod Coleman.

I'm sorry.

Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah?

Four.

Zach Ledford.

Four.

Eight in favor, zero opposed.

Right.

Our last one under these items.

The two E zoning as for a motion.

Motion to approve is written.

Second.

As for a roll call vote on two E.

Sean McCaffrey.

Four.

Rett Taylor.

Four.

Kelly Wilson.

Four.

Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Leadford.

Four.

David Tyler.

Four.

Eight in favor, zero opposed.

All right.

All those items passed.

I'd just like to make a side comment to compliment the city.

They go above and beyond on meeting the property owners and all the notices and meetings and public hearings.

And they do a tremendous job to educate the citizens on what's going on here.

So thank you very much, City, for that.

All right, I'm going to recess the planning commission and convene the Board of Zoning Adjustment.

We actually have five items of variants, Master Land Use Plan Amendment, rezoning development plan, and a conditional use.

Excuse me, a development plan.

I'm sorry.

Um at 6001 Prairie Drive for electrical plumbing, heat and air conditioning use.

Starting with the variants 24925, a request by Odyssey Engineering agent for PTKH investments from UDO section 27 430 C three required street access in a proposed industrial light zone at 6,001 Prairie Drive.

Approval of the variants facilitates the zone change from commercial heavy to industrial light without the required street access of a major arterial higher street classification.

The subject property is on the east side of Prairie Drive and south of Zero Street.

The track contains an area of 2.2 acres with approximately 265 feet of street frontage along Prairie Drive.

A neighborhood meeting was held on September 3rd, 2025 at 5 30 p.m.

on site.

No neighboring property owners attended the meeting.

The applicant intends to utilize the existing 22,996 square foot building as an electrical plumbing heat and air conditioning wholesale trade establishment.

The proposed land use is only permitted within the industrial zoning districts.

When rezoning to an industrial light zoning classification, a property is required to have major arterial access or higher street classification in Prairie Drive is classified as a local road.

In staff's opinion, the variants will have will not have effect on surrounding properties.

Staff recommends approval with the following comment.

Construction must comply with the submitted development plan.

Changes or amendments to the submitted development plan are permitted but limited to those described in section 27 337 of the UDO.

Any changes greater than those described in this section will require planning commission approval.

Companion item master land use plan amendment 14925 is a request for a master land use plan amendment from general commercial to office research and light industrial and the proposed industrial light zone at 6001 Prairie Drive.

The current land use of the property is vending food services, and the applicant intends to utilize the building as an electrical plumbing heat and air conditioning hostel wholesale trade establishment to utilize the building as such.

The applicant must have an industrial light zoning district with the appropriate master land use plan classification.

Staff recommends approval.

Companion item rezoning 26925 is a request for a zone change from commercial heavy C5 to an industrial light at 6001 Prairie Drive by classification.

Approval of the zone change will allow for the existing building to be utilized by a plumbing heat and air conditioning wholesale trade establishment.

Staff recommends approval.

Companion item development plan 17925 is a request for an electrical plumbing heat and air conditioning wholesale trade establishment in a proposed industrial light zone at 6,001 Prairie Drive.

The applicant intends to utilize the property with no site changes, but does propose the addition of landscape perimeter landscaping along Prairie Drive, uh new six-foot permanent opaque screening dumpster enclosure and the repair of the privacy screening fence along the rear of the property.

Staff recommends approval contingent on the following.

Construction must apply comply with the submitted development plan.

Changes or amendments to the submitted development plan are permitted but limited to those described in section 27 337 of the UDO.

Any changes greater than those described in this section will require planning commission approval.

The six-foot tall opaque screening fix located at the rear of the property must be repaired, and perimeter landscaping must be installed along Prairie Drive.

All right.

Anyone opposed these four items?

All right, we'll proceed then with the discussion by the planning commission.

I'd ask for a motion to get the variants on the floor, please.

Motion to approve at the addition of staff commons.

A second.

Any comments or questions, concerns from the commissioners?

Good.

All right, very good.

I'll ask for a vote then on the item three variants, please.

Four.

Kelly Wilson, four.

Matt Marshall?

Four.

Vicky Newton?

Four.

Griffin Hanna.

Four.

Zach Ledford?

Four.

David Tyler?

Four.

Sean McCaffrey?

Four.

Eight in favor, zero opposed.

All right.

We will now recess the board of zoning adjustment and convene the planning commission to consider the next three items.

The first one is a master land use plan amendment associated with this application.

That is for a motion on item four.

Motion to approve it.

The distance have comments.

Second.

All right.

I'll ask for our roll call vote on item four, please.

Kelly Wilson for Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah?

Four.

Zach Ledford?

David Tyler?

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Eight in favor, zero opposed.

All right.

We'll now move to the rezoning.

Uh to ask for a motion to get this on the floor.

Motion to approval staff comments.

Second.

Any comments, questions?

All right.

I'll eyes for a vote on the rezoning.

Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah?

Four.

Zach Ledford?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson.

Four.

Eight in favor, zero opposed.

All right.

And the last item is the uh development plan had asked for a motion on that item number six.

Motion to approval staff comments.

Second.

All right.

No comments or questions.

I ask for a vote on item six, please.

Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Ledford?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Rett Taylor.

Four.

Kelly Wilson.

Four.

Eight in favor, zero opposed.

All right.

All those items passed.

So we'll now move to item seven: a conditional use application for a homeless shelter at 615 North B Street and that's the city to present.

Thank you, Chairman.

Conditional use 9925.

This is a request by MAG Architecture, agent for St.

John's Episcopal Church for Planning Commission consideration of a conditional use request for a homeless shelter in a C6 zone located at 615 North B Street.

Approval of this conditional use request will allow for a homeless shelter and the support services with that shelter to operate from the existing 6,200 square foot building for next step day room.

Some of the surrounding properties of this to the south, you have uh Weldon Williams and Lick and also professional offices.

To the west of this proposal is a parking lot, next step day room services, and Fort Smith Boxing Club.

To the north and to the east, you have single family residential neighborhood, uh the historic district a little further north, and then also professional services located there.

Currently, this proposal does not propose any site expansion or changes to the exterior of the structure.

A neighborhood meeting was held on August 27th at 2025 at 11 a.m.

on site.

A representative of the church that's going to lease the property was there in support.

Additionally, staff received approximately four to five different phone calls and emails uh starting earlier this week.

Uh one of those emails are at your desk, and then some today of neighbors that were in opposition to the request.

Approval of this conditional use will allow next step day room services to expand their operations from a homeless shelter providing rest areas, showers, case management, laundry services, restrooms, and hygiene product products with additional office space for staff and exam rooms.

The applicant and the executive director of NSDR state that the existing distribution of breakfast and lunch will remain at the current location at 123 North 6th Street.

On April 19, 2022, the board of directors approved ordinance number 3322, granting a PZD, a planned zoning district for my for a homeless shelter with non-congregate housing at 815 South 6th Street, condition upon the permanent closure of the existing next step uh homeless shelter facility at 123 North Sixth Street.

At that time, the projected completion date for this new facility was approximately 18 months.

In staff's opinion, approval of this conditional use is an expansion of the existing operations at 123 North 6, uh, since it's Korner there, and a further encroachment on the existing neighborhood to the north and counterproductive to the previously approved ordinance on 3322.

Based on that comment, staff uh noted above, staff does recommend denial of this application.

However, should the planning commission be inclined to approve the request, staff recommends the following conditions.

Construction must comply with submitted development plan.

Changes or amendments to the submitted development plan are permitted but limited to those described in section 27307 of the UDO.

Any changes greater will require planning commission approval if the conditional use is approved is limited to 18 months and terminates in April of 2027 or upon the completion of the new facility at 815 South 6th Street opening, whichever is sooner.

No other homeless shelter entity shall be allowed on the premises after vacation without a subsequent conditional use approval by the planning commission.

The fourth item, next step day room uh service must vacate the locations at both 123 North Sixth Street and 615 North B Street after the completion of the new facility located at 815 South 6.

The applicant must install an opaque screening fence for the existing dumpster area, and the applicant shall install an opaque screening fence on the northern property line.

Thank you.

All right, Tyler, uh thank you for that presentation.

I believe we have several uh members of the community here to speak maybe for and against this application, just so the city can get a uh count of hands here.

All of those uh in favor of the application, if you please raise your hand, please.

All right, and those that are opposed.

All right.

Okay.

Um I tell you what, uh, why don't we start uh with those that are uh opposed?

Um again, every member of the public is welcome to speak.

If we start to get a little redundancy, uh we may cut it off, but again, that's a purpose of a public hearing is for everybody to express their opinion.

So uh I'd ask for maybe one person opposed uh to come forward and please state your name and address uh indicating why you're opposed to this application.

My name is Milo Mazor.

My address is 414 North 7th Street.

I am um the chairperson of the Historic District Commission, and I am also a board member for the Fort Smith Downtown Business Association.

Um we I oppose this, and um the others that I have spoken with on our downtown business association board and historic commission oppose it because of the detrimental um impact it will have on our historic district and to our downtown businesses.

Uh currently the next up day room already has a problem with um their clients sleeping on the street, and if that carries over, then we instead of having this limited to about a block and a half, now we have two and a half blocks of that.

Um and on 7th Street, it is right to the entrance of the residential area.

Um I think it was mentioned that it the historic district is um north of the building, but it is it abuts it.

It it it the parking lot is the um is the border to the historic district.

Um it is uh a valuable part of Fort Smith.

Um we have visitors that come in specifically to to visit our historic district.

Um the Clayton House gives walking tours of the district.

Um it is it is an important part, and I believe that this is going to negatively impact the district, and then also our downtown businesses that are already suffering from some of the issues that we have with the unhoused.

Thank you for those comments.

It's also I forgot one other thing.

Yeah, it's also um four and a half blocks from the high school, and many of those kids walk down 7th Street from the bus stop on B Street.

Um, so young kids, 13, 14-year-old young girls and boys that will then be walking by and if it has the same type of um people sleeping on the sidewalks like it does at its current location, um, that I think will also be uh a problem.

All right, thank you very much for those comments.

Anyone else opposed, uh, please come forward and state your comment state your name and address, please.

Um Clifton Culpepper, 404 North 7th Street.

So as my neighbor Milo spoke to the professional aspects and the civic aspects of this proposal, I speak to the residential aspects.

It's exactly two blocks from my front door, and we already have noise, garbage, and she mentioned sleeping around, but they actually sleep on our porches in our in the historic district.

So this would only you know conflict that issue of noise, garbage, trespassing, etc.

And it's a detriment to the neighborhood.

Thank you.

All right, Mr.

Clifton, thank you very much.

Anyone else in opposition that would like to be heard?

Certainly again, please come forward if you'd like to.

All right, uh, very good.

Appreciate again all those comments.

Um just I guess in rebuttal.

Um why don't we have the applicant or the uh or the individual for the applicant, maybe just to give a presentation and summary of what's going on, please.

If you can if you'll state your name and address.

Hello, I'm Sharon Chapman.

I'm the executive director of Next Step Homeless Services.

Um we currently reside in the building a half block from this caddy corner to this at 123 North Sixth Street.

Um shelter is open Monday through Friday, 8 to 3 p.m.

for shelter services.

It's a day shelter, not an overnight shelter.

Um we began the process of looking at applying to not expand our services because we are not expanding our services.

We are looking to move into a building that is larger, newer, has other options for um better presence in our neighborhood.

We have currently a second story emergency shelter.

So when we have people who come to us who are in a wheelchair, we do not have any way for them to come upstairs.

And so that's one reason that you may see people outside our building in a wheelchair.

This is a one-story building, it's accessible to everybody.

Of course, it used to be the Good Samaritan Clinic.

It allows us more office space, it allows us more ability to serve the people that we're currently serving.

One of the reasons originally we talked to the church about moving there was because instead of having people on the busy corner of 6B, we would be able to have people outside our building, north of the building, which is kind of screens it from the street.

And as I said, we do close at three.

Our building that we currently have has signs that when we close at 3 o'clock, nobody is allowed to be on that property.

And the of course, the city and the police department has a right to remove those people from the property at any time.

Anybody sleeping around the building many times are removed.

Of course, our staff picks up trash when we are there.

And so we have laws right now for people sleeping on the sidewalk, and they can be removed right now.

We are just asking that we have a newer, more accessible building, half a block from where we currently are that is owned by the church.

We would like to move all of our services there, including food, but in meeting with the fire chief, they believe that we don't have time uh room uh for serving food there, and so we would continue to use just our building right now just for meals and move people back over to the other building.

Um I know that the church is here in favor of that, and uh we have no intention of continuing that once our new building is there.

Uh, we're gonna move to our new facility at that time.

All right, Ms.

Chapman.

Uh no, go ahead if you anything else there.

Um, the only thing I was gonna say is the one thing that's this building does have it does has a shower, and so we'll be able to allow uh unsheltered client to have a shower within that building, which we currently don't have, and right now our current adult facility in town due to some financial issues is not allowing the unsheltered who are not staying there to take showers there, and so that would allow us one more place for a person to have a shower that we're serving.

Very good, thank you very much.

Quick quick question for you.

So, what's the status of the new building or the new proposed building?

So you want I'll bring our architect up for sure.

Thanks.

Yes, Galen Hunter, MIHG architecture.

Uh the project has been bid.

Uh we had three bidders.

We're in value engineering now with P tree construction to get it down to the budget.

Uh prices were a little higher than we wanted.

We're getting pretty close.

Uh you know, hopefully we can wrap up that in the next three or four weeks so that we can get approval to start construction with our funding agencies to hang on as advocate from Little Rock on that.

But the projects are a design bid, uh, just trying to fine-tune the budget.

But the I guess the the funding it's been procured, and it's just a matter of getting it within line of what the budget is.

Yeah, okay.

Yeah, okay.

So I recall from our study session there's about 1,600 residents or individuals that are served a year, is that correct?

Or so we serve on any given day around 85 to 100 people at our day shelter.

Over the year we served last year 1,600 separate individuals.

Um, most of them homeless, some of them very low-income who live in the area who'll come to us for a meal.

Uh, but 1600 was last year's numbers.

Okay.

Anyone else uh for the application that would like to speak, uh Reverend?

Yes, sir.

I'm Father Jim McDonald.

I'm the priest at St.

John's Episcopal Church, uh, which is located at 214 and 215 North 6th Street.

Uh this is our property, and we have offered it to next step in hopes of a couple of things.

One is enabling their services to be better provided.

This is one story, it's accessible, it would be a much better facility for them to meet and counsel with people to try to help them overcome their homelessness to turn their lives around.

Well, that's that's a exaggeration.

And I have on a number of occasions called the police to ask them to get someone off our porch off the porch porches around us.

The uh in addition to the hope that they can better provide services in a better facility.

We also are hopeful that moving and at least dividing their services.

Ideally, we could move them all, but we could get more people off of that corner of 6th and B, which is not very safe, not very uh pleasant to come into.

And so we're hoping to be able to spread that out a little bit more and be included in our lease, which is for 18 months with next step is uh the responsibility to do what we all can to keep people from sleeping there overnight, staying after hours, and that's as Sharon also said one of the things that uh the police are very uh welcome to come and help control that.

Not only have I called them, I've noticed uh more patrols recently, and I think there I've seen an improvement in the year and a half I've been here in terms of the number of people sleeping out around the area, and it's still a problem, it will be a problem, and where next step is won't change that.

It may spread it out a little bit, but it it's a problem, and we do understand that, and we hope that you will uh accept this request so that they can do the best they can to make a difference.

Any questions for me?

Thank you, Father, for that closed comments.

Um any other comments or questions by anyone in the audience.

Please feel forward, please uh feel free to come forward.

Hi, good evening.

Uh so my name is Brian Dooley.

Uh I'm the uh Chief Financial Officer at Weld Oriens and Lick, and we are located as you know, Caddy Corner from the um from the old Good Samaritan clinic building in a block, a block down from the uh the current next step location.

Um so I just wanted to speak um on behalf and in support um of the move.

Um obviously we're sensitive to security um security impacts and um all that goes with the client population that we're talking about.

Um it's our view that um we don't experience issues now with uh with the clientele and we don't have any security concerns currently um in uh with our employees and in our building.

Um my view is that what this will do for next step and for serving this population is uh allow it to be served in a better way on an interim basis until next step moves to the new facility.

It it gives the ability to provide better better than what is being provided now in a in a in a better fashion.

We don't we don't view and and aren't concerned that the move across a half a block caddy corner from where those services are being provided now will have any additional negative impact in that in uh in our area in the neighborhood that we're that we're um that we're operating in.

Thank you, Mr.

Dewey.

Anyone else?

Am I allowed to um address them?

Am I allowed to um address something?

Sure.

Oh well um yeah, yes, go ahead.

And then you maybe uh so multiple times when Sharon was talking and she said that it was an expansion, but she kept saying we can do more of this and more of that and more of this that is expanding.

Um I appreciate that uh Weldon Williams and Lick in their very large solid brick building doesn't find it to be a threat on more than one occasion on more than one occasion.

We have had uh people defecating on the sidewalk across the street from our home, um urinating in the bushes in front of our home.

Um I I consider that inappropriate behavior.

Um it's going to continue.

It was my understanding that um moving the homeless services um like this one out of neighborhoods and to the south side of town was um put in place um, and there are other places for those um the clients that they serve to get services.

Like I don't understand why um I think twice uh the father mentioned the word hope.

Um, we do have Hope Campus that provides very similar services.

I don't understand why these two organizations can't join together for the next 18 months, start making that transition for when the new non-congregate housing is being built, and for this clientele to be able to start moving towards where they're going to get their next services, um, which would most likely be Hope Campus.

Um if they should join their forces together to help this population, um, and take them off the streets this close to neighborhoods.

Thank you.

Yes, ma'am.

Hi, thank you for taking the time to go over this tonight.

My name is Jenny Wilkinson, and I come to speak in favor of the conditional use.

And just to tell you how I come here today with my understanding of it.

I'm a past board member of the vestry of St.

John's.

I'm a past board member of the Junior League of Fort Smith that owns a building right around the corner on Garrison.

I'm also a graduate of Leadership Fort Smith through the chamber, so I fully understand the dynamics of this situation.

I am not I'm not unaware of all the varying interests in this part of our city, but I'm here today in my most important capacity as a member of St.

John's Church that cares deeply about this.

And what I want to point out is that the current building where the day room is our building.

My church owns that building.

Approval of this request will mean that their services can take place in another one of our buildings across the street from where they are now.

Um this conditional use request would mean that my local government is impeding my church's ability to carry out its faith mission of carrying for our neighbors in need.

I don't take that lightly.

To say it as simply as I can, that building is owned by my church.

This organization is considered an outreach mission of my church, and it's up to my church whether we serve those and where we do it.

It is not up to the government whether we serve those in need.

As such, I believe the request should be approved without objection.

Um as mentioned, there were some staff considerations.

If it were to be improved, there were several of them.

I would like to specifically mention number two and number four as something that I would not uh be in favor of because of the same reasons I mentioned.

Uh the length of time that we carry out our Christian mission of carrying for our neighbors in need is not up for debate.

And it is certainly not up to the government.

Next step wants to move because of things that they are doing and growing, just like the Good Samaritan Clinic did.

The Good Samaritan Clinic outgrew that space and moved on.

The next step, day room and service program is outgrowing what we have to offer and is trying to move on.

They can do that voluntarily without any government telling them to do so.

So I'm here to ask that you please approve their conditional use request.

Thank you, Miss Wilcox.

And I'm sorry, I'll apologize.

Wilkinson.

Hi, yes, my name's Dan Mazwar.

That's my wife.

I just want to make a comment.

I love the church, the church does great things.

But you're not in our neighborhood.

You can't call them our neighbors.

Sir, I just ask you to turn around and address us, please, and not the individuals in the audience.

I'm sorry.

I I I find it interesting that the most benevolent people are okay with something like this as long as it's not in their neighborhood.

So they're not neighbors for these people.

We are.

We live downtown.

Okay.

So the church does great work.

They do, they come in, they go, but at three o'clock, they go home, and then I'm the guy that has to look at somebody trying to go to the bathroom across the street from my house.

I moved here nine years ago.

I've invested in this city.

I pay a lot of money in this city.

And you know, uh it's just like the city doesn't care.

So I just wanted to make a comment that it's great to be nice and feel good about yourself, but when you go home and you're not there, it's a different story than what we live.

Thank you for those comments.

Yes, sir.

Uh I promised my wife I wouldn't come down here and speak.

You know, obviously I'm not prepared.

My name is Chris Carter, and I'm the principal at Northside High School, 2301 North B Street, and I am a lifelong Fort Smithian, and I love this city.

I know a lot of people all over.

And um I've spent 31 years in the education business.

I deal daily with homeless children.

Daily.

And I am opposed to this plan.

And I'll tell you why.

I have many, many friends who are business owners who have packed up and moved out of Garrison Avenue for this reason.

When you ask them, why did you leave downtown?

They tell me, well, Chris, the fact that I have to get there in the morning and shoe off folks sleeping in our uh in our area.

I go downtown every morning because I love downtown, and I get coffee at Casey's.

Last week I was threatened.

Um I was um belittled, and I was cursed by three folks standing in the parking lot that were obviously homeless.

And I I think that that is a travesty, and I don't want to sound like I have no sympathy because I do.

I deal with young people every single day that endure homelessness, and we try to solve that and find ways to support them.

And I hope that there's other options to this situation while I recognize that it is a um it is a problem, and I recognize homelessness as a problem, but at the end of the day, I think that we have to protect the things that are valuable to us, and I'm not saying life is not, but our downtown is the main artery, and uh I just uh I find it interesting as this gentleman spoke about that the church calls them neighbors, yet they are allowed to leave at three o'clock.

And I just want to make sure that that you understand the implications of something like this happening.

Uh again, I support your decision uh on everything.

Uh I'm a proud person that lives in this city, and I'm a I'm proud of our board, I'm proud of the planning commission, and I appreciate your efforts, but really consider the implications of something like this happening.

Thank you very much.

Thank you, Mr.

Carter.

Anyone else, yes, ma'am?

Hi, I'm Kimberly Rucker.

I live at 109 North Third Street.

Um, like some of you that live here, like Dan, some of you work here.

I live here and work right here in this neighborhood.

I am in favor of this.

Um, as a lifelong behavioral health expert, um, who has served on the National Behavioral Consortium as well as providing consulting services on similar projects that has just counseling services when we first drive court in Tennessee and the city of Nashville, Tennessee.

Um this does nothing but improve and provide a desperately needed continuum services in this community.

Thank you, Mr.

Ecker.

Anyone else?

All right.

Uh yes, sir.

Can if you'll state your name and address, sir, please.

Thank you.

I wasn't gonna say my name's Richard Marsh.

I live on uh 6th Street.

I wasn't gonna say anything, but in listening to some of this, I felt compelled to come up.

If people want to start talking at credentials, well, okay.

I'm currently on a sales sax review committee.

I used to be on the animal services uh board, and I used to be on a planning commission.

Okay, I care about this city.

I've been here almost 20 years.

My wife is from here originally.

The city is manageable.

The city is manageable.

Thank you.

Um I got a hearing it, I got problems.

What's everyone sees that I have lost sight of, and it was mentioned in the in the packet.

The board of directors.

I thought they made it clear that they want to get this sort of industry, homeless services, out of that neighborhood.

So what about that?

Does next step not understand?

Okay.

The other thing I have to say about this is I don't think we can trust next step to their work.

And I say that because I'm vaguely uh remember, maybe you you you guys know better.

Way back when the Hope campus was a concept, there was a meeting I heard at the Salvation Army, perhaps on some weekend, and the consensus was that Salvation Army, next step, and hosts of others were going to relocate.

They gave an indication, they would relocate to the new Hope campus, and then they reneged on it.

So Ms.

Martin, I I appreciate it.

So I I appreciate your comments.

I just don't want to get into any type of personal attacks or comments against an individual or a group uh uh specifically.

Uh I think I think that's it.

I understand what you're saying, but I'm addressing a an entity that's in question here.

I'm not dropping again.

Again, I'm not I'm not okay.

You can't do that.

Again, if you're just procedure to comments in uh and your specific concerns, I'd appreciate that.

Okay, well, the point is city directors want them out of there.

And I think that's part of the Well again.

I I don't think you can speak for the city, sir.

So uh anyway for the city director.

I got I got a bad hearing, I got a hearing aid.

Okay, so please restate what you just told me, and then I caught it up about it.

I I don't think it's appropriate for you to speak for the city directors.

They they can speak for themselves.

But anyway, just if you just give you a lot of people.

I resent how you're sourcing this, uh this is public knowledge of what city directors have voices.

I understand that I'm not a spokesman, I didn't say I'm a spokesman.

I'm telling I'm speaking from the public record.

And if you can't handle it, well, I'm sorry.

Okay, I think thank you.

All right, thank you for your comments.

Any other comments or concerns here?

Questions again.

Everybody's welcome to speak.

Yet yes, sir.

If you'd like to speak, yes, sir.

I'm Riley Martin.

I'm Bradley Martin, live at 2121 Wolf Lane.

I didn't come prepared to talk on this because I wasn't sure this is gonna happen tonight.

And I came for some other reason.

But to me, moving the next step day room into this building, which is ADA accessible, is a big improvement.

I think a lot of the problems that people have downtown with people will be solved by putting the uh little larger place and also ADA accessible, and I don't see how the neighbors are gonna be hurt by it.

All right, thank you very much.

Any final comments?

I again I don't want to cut anybody off or commenting, but I believe we've had a uh a good viewpoint from both sides uh expressed thoroughly.

Any other comments from any other individual?

All right.

I'm gonna ask then for a vote uh on this item.

I'll make a motion to approve with the staff comments.

All right.

Second.

All right, and get on to it.

Um I don't think I had a motion yet.

Okay.

I'd like for a motion on item seven, then yet yes.

Do we have a second?

Yeah.

All right, very good.

All right.

All right, any comments or questions by the commissioners?

On the on the timing of 18 months, uh, Mr.

Hunter, would that be from the roughly now and when was it originally approved?

The eight excuse me, when was the eighteen months approved?

Yeah, originally through the board of directors on the new facility.

Do you happen to know just out of curiosity?

The PCD went, and Maggie, you'll have to remind me when the PCD went, but we did that before we even did the construction drawings and so forth.

Okay.

So it's, you know, that's probably been a year and a half or so when the PCD went.

The zoning was approved in April of 2022.

So about three and a half years ago.

Yeah.

What was the Kalen?

What was the what was the uh what was the delay?

Is it just what getting getting to the point we're at now?

Well, the the first thing that had to happen was they had to secure funding.

Uh you know, we did preliminary designs to establish a cost, and then uh next step went out and secured funding through grants and donations uh and other sources, uh, which takes a little time, and we went through some volatility also on construction cost uh and city reviews.

Then we had to develop the construction documents, which took about eight months, put it out for bid, uh, got the bids in and have been working for about two months on getting the numbers where they need to be so that we can move forward.

Thank you, any other comments or questions by the commissioner?

Is the only concern of is the fire marshal in regards to what's being done now in the existing facility that can't be done is just the food and beverage that they're I believe it's the accessibility portion of it.

No, I'm just saying like the only reason that they couldn't move the food and beverage to this proposed new facility is the fire marshal.

Yeah, that's size and use all building fire code for the exhaust suppression if there is any two yes, you start grouping too many.

If you add too many people within there, the state and fire building codes will require them to sprinkle the building, which is obviously costly.

That's why they don't want to move the food program in there, uh, such as a cafeteria or a large area of people dining.

Would they allow so they couldn't dine there either?

That's correct.

Any other comments or questions?

I'll just mention uh I liked uh the staff's comments.

Um I do think this would be counterproductive to them fully relocating.

I think this would just add more time to it.

Uh want to be very sensitive about this because I I respect the services being provided.

I just I think that the plan that was initially set out is still a great plan.

And I'm afraid this would be counterproductive if we approved it.

Uh you know, I I just like to comment again as can this is a conditional use for a reason just because by its very nature, and we're supposed to consider the potential negative impacts, a harmful uh impact on the city, the overall compatibility, and uh you know uh I my heart bleeds for these people.

They need help.

I've experienced them on family, so you know I I've experienced this personally, but I just I just don't think it's appropriate, and I agree with the city uh you know it should be denied.

I just don't think this conditional use is appropriate in this area for the city of Fort Smith, and I agree with the city that should be denied with their recommendation.

Well stated any other comments or questions.

My other comment is that this is uh a butting residential structures, um, which just is you know, I know it's right down the road or right down the block, but it's just one step closer to actual homes.

All right, any other comments or questions?

If not, I'm gonna we have a motion of second.

I'm gonna call for a vote on um this item seven, please.

So and again we're voting uh item seven.

Okay.

Item seven, there was a motion made to approve with staff comments.

Okay, right.

Yeah.

Vicky Newton opposed Griffin Hannah against.

Zach Ledford?

Opposed.

David Tyler.

Against.

Sean McCaffrey.

Against Rhett Taylor.

Against.

Kelly Wilson against Matt Marshall.

Against zero in favor, eight opposed.

All right.

Thank you very much for everyone's opinion.

They are greatly appreciated.

Thank you very much.

Okay, we're gonna move on now to item number uh I'm gonna recess the planning commission and convene the board of zoning adjustment.

I'm gonna give a few minutes for everybody to exit peacefully, please and quietly.

All right, so again, I'm recessing the planning commission and convening the board of zoning adjustment.

We're gonna consider item eight, uh, this variance at South 23rd Street, and I'd ask Greg to present, please.

Okay, thank you.

From 25 to 24 feet, uh front yard setbacks at 1922 and 1922 and a half South 23rd Street.

From 25 to 17 feet, exterior side yard setbacks at 1922 and 1922 and a half South 23rd Street.

From 10 to 8 feet rear yard setback at 1922 and 1922 and a half South 23rd Street.

From 25 to 13 feet, front yard setback at 1916 and 1918 South 23rd Street.

From 7.5 to 3 feet, side yard setback at 1916 and 1918 South 23rd Street.

From 10 feet to 4 feet, uh rear yard setback at 1916 and 1918 South 23rd Street.

From 6500 square feet to uh 4700 square feet minimum lot area at 1916 and 1918 South 23rd Street and from 60 feet to 55 feet minimum lot width at building line at 1916 and 1918 South 23rd Street.

Approval of the variants will facilitate plating for the existing duplexes to be placed on individual lots.

The subject property is on the northwest corner of South S and South 23rd Street.

The track contains an area of 0.28 acres with 83 feet of street frontage along South S Street and about 140 feet along South 23rd.

The applicant hardship, the applicant states that the structures are existing.

He further states that without the variances, the setbacks and the lot size, the property cannot be platted.

There was a neighborhood uh meeting on September the 2nd uh at 5 30 uh p.m.

on uh located at 50 16 South 24th.

There were no neighboring property owners in attendance.

Uh for staff comments, a property is currently legally non-forming for the land use of multifamily in a single family zone, and the bulk area requirements for the RS3 zoning district.

All six uh of the setback variances currently exist as non-conformities to the bulk and area requirements for the RS3 zoning district.

The minimum lot width and lot area variances are needed to allow for a smaller lot size to uh facilitate plating.

Section 27404B of the UDO allows for single and two family dwellings to be constructed on existing lots smaller than the required uh zoning district, provided that the land use is permitted.

Uh the lot is a minimum of 35 feet wide and 35 uh hundred square feet.

The current plat was filed prior to the effective date of the UDO, and the lot uh complies with residential parking regulations in section 1452 of the Fort Smith Municipal Code.

Uh staff recommendations for the uh should the BZA approve the request.

Staff recommends the following comment.

Construction must comply with the submitted development plan.

Changes or amendments to the submitted development plan are permitted, but limited to those described in sections 27307 of the UDO.

Any changes greater than those described in this section will require planning commission approval.

Thank you, Greg.

Uh, are there those here speaking favor of this application?

Anyone opposed here?

Can we ask questions?

I have absolutely sir.

Yes, come on up, please.

Absolutely, yes, sir.

Please please state your name and address.

Stephen Henry, 2311 South S.

I I've looked at the property.

Can we go back to the one the technical drawing that you had up there just a minute ago?

That one.

The building that's behind 16.

Is that a garage?

And is it going to remain as a garage?

There'll be no further construction, no addition to no additional housing.

Yes, uh currently they have no plans to do any additional housing.

If they did, they would be required to apply for a building permit for that, and the zone would not allow two single structures on the lot.

But as you can see on the plan, it's just a uh a detached garage right now.

What the applicant is requesting is the two duplexes are currently in the existing and have been for some while is putting that property line right there.

It makes sense to me to be able to allow the owner to dispose of, you know, buy sell whatever.

Um I just don't that building in the back of the garage.

I just did not want to see that converted.

Yeah, and in part of this approval, that's what he said.

Uh any changes to this plan if they came back.

Not only would they have to get a building permit, uh, one the zoning doesn't allow it, and two section 273307 of the UDO would require them to come back and go through a whole public process, but the planning commission, the board of directors for the zone change to add the extra houses on a single family zoning district.

Okay, great.

Thank you.

Thank you, Mr.

Henry.

Any other comments, please?

All right.

Um there not being any.

I'm gonna ask for a motion to get item eight.

This variants on the floor, please.

I'll make a motion to approve the staff comments.

Second.

Any comments or questions by the commissioner?

Again, it makes sense to they they need to be able to apply it, so I think it makes sense.

All right, I'll ask for a vote.

Griffin Hannah?

Four.

Zach Ladford?

Four.

David Tyler?

Four.

Sean McCaffrey.

Four.

Brett Taylor?

Four.

Kelly Wilson, four.

Vicky Newton?

Four.

Seven in favor, zero opposed.

All right, very good.

We'll move on to item number nine.

Uh, the variants at Wheeler and Towson Avenue and ask the city to present.

Greg, please.

Thank you.

Variants 26925, a request by Satterfield Land Surveyors, agent for M and C Management L T D and Ronnie and Tracy Lewillan from 20 to 3 feet exterior side yard setbacks in a commercial heavy C5 zone at 5618 and 5624 Towson Avenue and from 20 feet to 18 feet side yard setback in a commercial heavy C5 zone at 5517 Wheeler Avenue.

Approval of the variants will facilitate the replying of three existing parcels into two subdivided lots.

The subject property is between Towson Avenue and uh Wheeler Avenue, uh located uh southwest of uh Towson Avenue and South Zero Street.

The track contains an area of 5.2 acres with approximately 187 feet of street frontage along Towson Avenue and 100 feet along Wheeler Avenue.

The applicant states that the building at 5618 Towson was built by a previous owner with 3.1 feet and 3.9 feet of the property line set back and causing the building to encroach into the uh setback line.

Similarly, the encroachment of the westernmost building at 5517 Wheeler Avenue was constructed by previous owners.

Neither of the existing encroachments uh are of the applicants make any.

Uh there was a neighborhood meeting.

Uh the applicant requested, well, actually, there was not a neighborhood meeting.

The applicant requested and received a waiver of the neighborhood meeting in accordance with UDO section 27304 1.

As request uh as required, the applicant sent letters and the project description to all the uh contiguous uh property owners.

Uh as of September 4th, uh there were three neighboring property owners that had uh inquired regarding the specific location of the subject encroachments.

Uh one of the three asked for assurance that the uh exceptions to the standard of the 20 uh foot wide uh yard yard setbacks will pertain only to the two existing locations in question.

And staff responded by providing additional pictorial information and a copy of the subject variance application.

Uh there these are on record uh of all neighboring uh on file.

They're on uh we have filed those.

Uh the staff uh comments uh the applicant intends to reply the existing three parcels into two subdivided lots.

The applicant is seeking setback encroachment variants for existing structures, and staff's opinion the variance request will have little to no effect on the surrounding properties.

Uh staff recommendations uh the approval with the following uh comments construction must comply with a submitted development plan.

Changes or amendments to the submitted development plan are permitted but limited to those described in section 27307 of the UDO.

Any changes greater than those described in the section will require planning commission approval.

All right, uh thank you very much.

Any uh anyone here uh for the application all right, anyone opposed?

All right, I'm gonna ask uh for a motion on item number nine is the variance, please.

Second, sorry, Microsoft.

Any comments or questions?

Not I'll ask for a vote on number nine, please.

Zach Ledford?

Four.

David Tyler?

Four Sean McCaffrey?

Four Brett Taylor?

Four.

Kelly Wilson, four.

Vicky Nathan, four.

Griffin Hannah.

Four.

Eight in favor, zero opposed.

Sorry, seven in favor.

All right.

All right.

We will now reassess the board and zoning adjustment and convene the planning commission to consider item number 10, the rezoning at Mazard Road.

Thank you, Chairman.

Uh rezoning 27925.

This is a request by Crafton Tall agent for hunting and circle properties LLC for PC consideration of a zone request from uh C3 special to a planned zoning district by classification at 6210, 6220, 6212, and 6230 and 6234 Mazard Road.

Approval of the requested rezoning will allow for a reduced minimum lot area, minimum lot width, and minimum building setbacks while increasing maximum lot coverage on the three individual lots within a unified commercial development while defining a shared open space track to be owned and maintained by POA.

The project booklet states that it exceeds the UDO.

All front building setbacks are I'm sorry, facades must be constructed of 100% high quality materials as defined in UDO section 276024.

Any future building exterior building renovations will incorporate 100% high quality materials.

Two existing driveways serve this subject site with access to both Hunting and Circle and Mazard Road.

The site is currently fully developed and no exterior changes are proposed at this time.

The purpose of this PZD is to allow the plat as you see on the screen right there.

A public sidewalk is existing on in located on Huntington Circle and also the Mazard Side Path or the Multipath is located on Mazard Road.

No additional signage is proposed.

A neighborhood meeting was held at 5 p.m.

Tuesday, September 2nd at 9301 RA Young Drive.

No neighboring property owners attended the meeting.

The subject application requesting rezoning from the C3 special to a PZD proposes no change in allowable land uses that would not already be permitted in the C3 and no physical change to buildings and site.

The purpose of this PZD request is to allow changes to the setbacks and lot sizes to place individual buildings within respected plates and provide a common area share property maintenance via property owner association.

Staff does recommend approval of this request.

All right.

Thank you very much.

Are there those here in favor of the application?

Those anyone opposed here.

All right, I'll call for a motion to get this item number 10 on the floor for the motion to approve of the addition of staff comments.

Second.

Alright, any comments, questions by the commissioners?

All right.

I'll ask for a vote then on item 10, the rezoning.

David Tyler?

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson.

Four.

Vicki Nathan.

Four.

Griffin Hannah.

Four.

Zach Lefford?

Seven in favor, zero opposed.

All right.

We'll move to item number 11.

The conditional use at Wheeler Avenue.

That's the city to present.

Yes.

Conditional use 10925.

This is a request by Mike Hythorne, owner, for PC consideration of a CE request for a mental health hospital.

And in an I-1 industrialized zone at 5119 Wheeler Avenue.

Approval of this conditional use will allow for the existing 8,0548 square foot building to be utilized for a 16-bedroom mental health hospital.

No landscaping is required at this time.

However, the applicant has agreed to install and uh proposed trees and shrubs within the existing interior islands on the site plan.

The dumpster will be screened with a new screening with an opaque screening fence.

This building is uh existing and is composed approximately 60% high quality materials with brick and stone.

And again, it is a little bit over, it's 8,500 square foot and approximately 14 feet in height.

A neighborhood meeting was held on September 2nd at 5 30 p.m.

on site four neighboring property owners attended this meeting that had concerns regarding security, type of individuals in the program and after hour regulations, along with possible illegal substance abuse and severity of the offenders that are or of those uh that may be served at this location.

The applicant agreed that no sex offenders or patients who have been convicted of a violent climb, class B felony of grow uh grader would be granted admission to the facility.

A copy of that neighborhood meeting amendments was in your packet for your review.

Again, approval of this conditional use will allow for this existing building to be used as a mental health hospital containing 16 bedrooms to operate within the building in an I-1 industrialized zone.

Staff does recommend approval contingent upon the two comments.

Construction must comply with submitted development plan.

Changes or amendments to the submitted development plan are permitted but limited to those described in section 27307 of the UDO.

Any changes greater than that would require playing commission approval.

The approval shall not permit sex offenders or patients that have been convicted of a violent crime of a class B felony or greater to attend the facility.

Thank you, Tyler.

Those here in favor of this application.

Anyone opposed?

Alright, I will call for a motion to get this on the floor, please.

Second.

Just for the applicant, if if an individual is bound with uh control any type of uh illegal substance, what what what happens to that individual?

Are they dismissed from the program or the property?

Okay.

And we will also do drug screenings regularly because obviously we know with the glide intel that that may be an issue.

So we will regularly drug screen, and if we have any suspicion or anything, we'll screen them and they will be kicked out of the program if they test positive.

All right.

And I guess a background check is right on these individuals.

Sure.

Before we bring them in, we know that.

All right, because it's a pretty rigorous screening process before you bring them in.

All right.

So any other comments or questions?

Not I'll call for a vote.

Sean McCaffrey.

Four.

Rhett Taylor.

Four.

Kelly Wilson for Vicky Newton.

Four.

Griffin Hannah.

Four.

Zach Ledford.

Four.

David Tyler.

Against six in favor, one opposed.

Commissioner Tyler.

All right.

We're going to move forward then reassessing the planning commission, convening the board is only adjustment.

Item 12, a variance at uh actually uh we got the are we down to the last four items?

Are we down to the last four items?

Okay, yes.

All right, very good.

Oh prairie drive.

Okay, variants uh 27925, a request by Wayne Stevenson, agent for KKJ Wholesale Incorporated from the required street access in a proposed industrial light I-1 zone at 6,000 sixty one hundred and sixty-one twenty prairie drive.

Approval of the variants and companion applications will facilitate construction of a three thousand uh thirty-five hundred and twenty uh uh square feet industrial building for electrical plumbing, heat, and air conditioning wholesale trade establishment without access to a major arterial street.

Uh the subject property is on the west side of Prairie Drive between Industrial Drive and Regions Park Drive.

The track contains an area of about six uh point two seven acres with approximately uh eight hundred and five feet of the street frontage uh along Prairie Drive, uh 265 feet of uh street frontage along Regents Park Drive and approximately 360 feet of street frontage along industrial drive.

Uh the applicant states that the subject property is located within an area that contains several industrial establishments and that the prairie drive provides access to South Zero Street, which is a classified as a major arterial.

Uh without approval of the requested variants, the proposed development will be unable to proceed.

Uh there was a neighborhood property uh property meeting uh on August the 28th at 5 p.m.

on site.

There were no neighboring property owners that attended.

Uh the applicant is seeking a variance from the required access uh to major arterial street or higher in the proposed I-1 zone.

Approval will facilitate the construction of the electrical plumbing heat and air conditioning wholesale trade establishment.

With staff recommendations, the uh staff recommends approval with the following comments.

Construction must comply with the submitted uh development plan.

Changes or amendments to the submitted development plan are permitted, but uh limited to those described in section 27 through 307 of the UDO.

Any changes greater than those described in this section will require planning uh commission approval, and the uh number two is the property must be platted uh into one lot.

Uh moving on to the uh item 13, which is the master land use uh amendment, uh the master land use plan amendment 15925, a request by Wayne Stevenson agent for KKJ wholesale incorporated for the master land use plan amendment from general commercial to office research and light industrial in a proposed I-1 uh zone at 6,006 and 6120 prairie drive.

The uh property is currently zoned commercial heavy at C5, a uh companion zoning application request an industrial light I-1 zoning district.

The master land use plan is a guide to zoning and development and must be considered with the companion application.

Uh again, there was a neighborhood meeting on August the 28th with no property owning uh uh neighboring property owners in attendance.

Uh for staff comments, the applicant seeks to rezone the property to facilitate the construction of the building.

Uh the the office research and light industrial classification is appropriate for the uh requested I1 zone and staff uh recommends approval uh item 14, which is a rezoning uh rezoning 28925, a request by Wayne Stevenson agent for KKJ wholesale incorporated uh for a zone change from commercial heavy C5 to industrial light I1 at 6,06100 and 6120 prairie drive.

Uh approval of the rezoning and companion application will facilitate construction of the industrial building for the electrical plumbing and heating and air uh wholesale trade establishment.

Uh the master street plan classifies prairie drive a region uh park drive uh and industrial drive as local roads classifications.

There will uh again there was a neighborhood meeting with no property owners in attendance.

Uh the staff comments uh the subject property was rezoned from open one to commercial heavy C5 in 1999 by ordinance 8199.

Uh the applicant is seeking an industrial light I-1 zone to accommodate electrical plumbing and uh air conditioning, the wholesale trade establishment.

Staff recommends approval of the application uh continued upon the approval of the companion applications, and then the development uh plan review.

It's a development of plan 28925, a request by Wayne Stevenson, agent for KKJ wholesale for an electrical plumbing, heating and air uh conditioning host sell uh trade establishment in a proposed I-1 zone at 6,6100 and 6120 prairie drive.

Approval of the development, as we said, uh, will facilitate the construction of the electrical plumbing, heating and air, uh, the wholesale trade establishment.

Some of the site design features, uh the proposed facility will provide two driveways with access from both Prairie Drive and Industrial Drive.

Uh the site plan includes perimeter landscaping along Prairie Drive and Industrial Drive, as well as parking lot screening uh for parking area.

Uh some of the architectural features, the south, north, and east facades of the building uh will be composed of approximately 51% high quality material uh consisting of stone veneer and pre-finished metal wall panels.

Uh the west facade of the building will be 100% uh metal wall panels.

Uh the height uh in area of the building, the facility will be approximately 20 feet, uh 24 feet in height and uh 35,252 square feet in size.

Uh approval of the request will accommodate the uh the uh building of this uh wholesale trade establishment for staff recommendations.

The uh construction must comply with the submitted development plan.

Changes or amendments to the submitted development plan are permitted, but limit to those described in section 27307 of the UDO.

Uh any changes greater than those described in this section will require planning commission approval and uh the second uh the uh property must be platted into one lot.

All right, thank you very much.

Um same song, second burst items like items three through six.

Uh, we'll move forward with these items 12 through the variance.

Uh let me ask, is there anyone opposed here to this application?

All right, yes, sir, absolutely, please, absolutely.

Yes, yes, sir.

Come forward and state your name and address.

We're being recorded.

We were four days now.

Stephen Henry.

Um just a question on Prairie Lane and Industrial Parkway Drive.

Are those roads built for heavy truck?

They are not a classified street through your request.

So that means the trucks could all of our trucks in Fort Smith.

Sorry.

My understanding is all the trucks in Fort or all of our streets in Fort Smith are built to a standard to accommodate the weight of trucks, both UPS, FedEx, all of those things that they are built to a standard with the concrete and the underlayment to handle that.

And the majority of the development around here, if you go further west, Megan on the aerial is industrial development.

Okay, thank you.

Mr.

Henry.

All right, Mr.

Henry, thank you for your attendance and questions.

Very good.

Um proceed then with a motion for item 12 variants.

Motion to approve is written.

Second.

Or with staff comments if they're applicable.

Second.

All right.

Uh call for a roll call vote if no comments by the commissioners.

that in the majority of the development around here if you go further west megan on the aerial is industrial development okay thank you all right mr all right mr henry thank you for your attendance and questions very good um we'll um proceed then with a motion for item 12 variants motion to approve is written second over with staff comments if they're applicable second right uh call for a roll call vote if no comments by the commissioners sean mfrey four brett taylor four kelly wilson four vicky newton four griffin hanna four zachford four david tyler four seven in favor zero opposed all right we'll uh recess the board of zoning adjustment convene the planning commission for the last three items number thirteen master land use plan amendment i'll ask for a motion on that please motion to approve with the addition of step comments second call for a vote on 13 rhythm four kelly wilson for vicky newton four griffin hanna four zachford four david tyr four sean caffrey four seven in favor zero opposed right item 14 the rezoning as for a motion make a motion to approve a staff comment second as for roll call vote on item 14 Kelly Wilson for Vicky Newton for Griffin Hannah 4 Zach Leadford David Tyler 4 Sean McCaffrey 4 Rhett Taylor 4 seven in favor zero opposed last application uh development plan item 15 as for a motion make a motion to approve with staff comments second call for a vote vicky newton for griffin hanna four zachorder four brett taylor four kelly wilson four seven in favor zero opposed with that I will adjourn tonight's meeting thank you very much thank you it's a good one