Fort Smith Planning Commission & BZA Regular Meeting – October 14, 2025
Fort Smith Planning Commission & Board of Zoning Adjustment Regular Meeting – October 14, 2025
The Fort Smith Planning Commission and Board of Zoning Adjustment (BZA) held a regular meeting on October 14, 2025, at 5:30 PM at the Blue Lion, 101 N 2nd Street. The meeting was chaired by Shaun McCaffrey. Commissioners present: Vicki Newton, Kelly Wilson, Griffin Hanna, Zach Ledford, Matt Marshall, Ret Taylor, Shaun McCaffrey, David Tyler, and Rod Coleman (who left before the final items). The commission reviewed a consent agenda, a home occupation request, a master land use plan amendment, rezoning, development plan, several variances, conditional uses, and a rezoning/development plan for a shopping center. Key outcomes included approval of the consent agenda, the home occupation, the event center redevelopment, and variances for carports and a sports complex; denial of a drive-through restaurant with insufficient passing aisle; tabling of a convenience store application; and approval of a shopping center with drive-through at 8716 Rogers Avenue.
Consent Calendar
- Preliminary Plat – Fianna Hills, Lot 425A (Mickle Griffin, LLC): Approved unanimously.
- Final Plat – Fianna Hills, Lot 425A (Mickle Griffin, LLC): Approved unanimously.
Public Comments & Testimony
- Items 6 & 7 (Grand Avenue restaurant/drive-through): No public speakers in favor or opposition.
- Item 10 (Variance for carport at 1924 Utica Place): The applicant, Mark Hardy, explained his frustration with the permit process and stated that the carport improves the property. He noted that many similar carports exist in the neighborhood.
- Item 11 (Variance for carport at 5920 South Y Street): The applicant, Sherry Goodrum, stated she did not know a permit was needed and that the contractor did not advise her. She apologized for the oversight.
- Items 14 & 15 (Rezoning and development plan at 8716 Rogers Avenue): Several residents spoke. Cindy Larkin corrected the name of an adjacent pharmacy. Greg Ferris (HOA president of Wellington Place) asked about the types of businesses planned and expressed concerns about construction traffic on 87th Street. Alan Parsons of 8713 Lee Circle asked about traffic impact on 87th Street and Rogers Avenue. Julie Wakefield of 4000 Gascony Way expressed concern about increased traffic on Lee Street, which is used as a shortcut, and potential safety risks for children and pedestrians. The applicant, Jackson Goodwin, stated that traffic studies were reviewed by city engineering and that the majority of traffic would use the main drive on Rogers Avenue. He also noted that public infrastructure extensions would be made.
Discussion Items
- Home Occupation #3-10-25 (1200 South 41st Circle): A request by Dena Brandenburg for a massage therapy business in a duplex in the RSD-2 zone. The applicant proposed operating by appointment only, Monday–Saturday, 8:00 AM–5:00 PM, with clients parking in the driveway. No neighbors attended the neighborhood meeting, but one adjacent property owner called in opposition. Staff recommended approval with conditions. Commissioners discussed and approved unanimously.
- Master Land Use Plan Amendment #16-10-25, Rezoning #29-10-25, Development Plan #19-10-25 (5724 Wheeler Avenue): These companion requests by Brett Abbott, agent for Vasiliki Investments LLC, sought to change the land use from Institutional to General Commercial, rezone from RM-3 to C-5, and obtain development plan approval for an event center in an existing 1,800 sq. ft. church sanctuary. The property is 0.64 acres. Staff noted that the church was recently sold and a non-compliant landlocked parcel was created, requiring a replat. A 6-ft opaque privacy fence was required along the north and southwest boundaries. No neighbors attended the neighborhood meeting. The commission approved all three items unanimously.
- Variance #30-10-25 and Conditional Use #11-10-25 (4322-4328 Grand Avenue): Brett Abbott, agent for Dustin and Anna Booth, requested a variance from the required passing aisle for a drive-through and a conditional use for a restaurant with drive-through in a C-2 zone. The proposed development was a 4,000 sq. ft. shopping center with a 2,700 sq. ft. restaurant and 1,300 sq. ft. insurance office on a 0.39-acre lot. Staff recommended denial, stating the design lacked a passing lane and was overdevelopment, and that the drive-through window and driveway locations encroached on adjacent residential properties. The applicant argued that the existing alley could serve as a passing lane, but staff noted the alley does not meet code requirements. The commission discussed the alley width (15 ft) and emergency access concerns. The variance was denied 2-6, and the conditional use was denied 2-6.
- Conditional Use #12-10-25 and Variance #31-10-25 (3825 Jenny Lind Road): These requests by Jonathan Hope, agent for 3875 Jenny Lind, LLC, for a convenience store with gasoline sales and multiple variances (setbacks, landscape buffer, parking, driveway separations) were tabled at the applicant's request due to incomplete architectural plans.
- Variance #29-10-25 (1924 Utica Place): J.R. McPhate requested a variance from 25 ft to 20 ft front yard setback to allow a previously constructed 10'x20' carport to remain in an RM-3 zone. The house was existing at purchase, and there was insufficient space without encroaching. One neighbor attended the neighborhood meeting and had no concerns. Staff noted the carport was built without a permit but recommended approval. The commission approved 8-0.
- Variance #28-10-25 (5920 South Y Street): Sherry Goodrum requested a variance from 30 ft to 9 ft front yard setback for a 10'x20' metal carport in an RS-1 zone. The carport was built without a permit after a neighbor complaint. At the neighborhood meeting, four neighbors had no objection, one opposed citing design character. Staff recommended approval if the carport is attached to the house. The commission approved 8-0.
- Variance #32-10-25 and Conditional Use #13-10-25 (5615 South 73rd Place): Brett Abbott, agent for Derrick Richardson, requested a variance from high-quality materials requirement on the north and east facades (to allow metal panels) and a conditional use for a 27,853 sq. ft. sports complex with barber shop and two athletic fields in an I-1 zone. The north and east facades face railroad tracks and airport property with no public visibility. The south and west facades will have 100% high-quality materials. Staff recommended approval. No neighbors attended the neighborhood meeting. The commission approved both items unanimously.
- Rezoning #30-10-25 and Development Plan #20-10-25 (8716 Rogers Avenue): Goodwin Engineering, LLC, agent for Goodwin Family Trust, requested a rezoning from RSD-2 and C-5 to C-2, and development plan approval for a shopping center with two 8,800 sq. ft. commercial-retail buildings (one with drive-through) on a 2.2-acre site. The site is on the southeast corner of Rogers Avenue and South 87th Street. Staff recommended approval. The commission discussed traffic concerns, retaining wall, and fencing. The rezoning was approved 6-0, and the development plan was approved 6-0.
Key Outcomes
- Consent Agenda (Preliminary and Final Plat for Fianna Hills Lot 425A): Approved unanimously.
- Home Occupation #3-10-25: Approved 8-0.
- Master Land Use Plan Amendment #16-10-25, Rezoning #29-10-25, Development Plan #19-10-25 (5724 Wheeler Avenue): All approved 8-0.
- Variance #30-10-25 (passing aisle at Grand Avenue): Denied 2-6.
- Conditional Use #11-10-25 (restaurant with drive-through at Grand Avenue): Denied 2-6.
- Conditional Use #12-10-25 and Variance #31-10-25 (Jenny Lind Road): Tabled (8-0) at applicant's request.
- Variance #29-10-25 (Utica Place carport): Approved 8-0.
- Variance #28-10-25 (South Y Street carport): Approved 8-0.
- Variance #32-10-25 (high-quality materials at 73rd Place): Approved 8-0.
- Conditional Use #13-10-25 (sports complex at 73rd Place): Approved 8-0.
- Rezoning #30-10-25 (8716 Rogers Avenue): Approved 6-0 (Commissioners Coleman and Marshall absent).
- Development Plan #20-10-25 (8716 Rogers Avenue): Approved 6-0.
Meeting adjourned after all items were addressed.
Meeting Transcript
All right, uh good evening, and I'd like to welcome everyone this evening to the October 13 2025 Planning Commission, City Planning Commission at 14 14. I'd ask everybody to please rise and say the Pledge of Allegiance. And to the Republic for which it stands under God. All right, I'll ask the uh secretary to take the roll, please. Rhett Taylor. Vicky Newton. Present. Zach Ledford. Rod Coleman. Here. Kelly Wilson here. Griffin Hannah. Here. David Tyler. Matt Marshall. Sean McCaffrey. Here. We have eight commissioners present. All right. If the commissioners have had an opportunity to review the minutes from our September 9th meeting, I'd ask for a motion. Motion to approve. Second. All those in favor? Aye. Aye. Any opposed? All right. Alright, I'll ask staff comments and procedures, please. Good evening, ladies and gentlemen. First, I'd like to remind you to silence your cell phones. And welcome to the October 14th, 2025 Planning Commission meeting. The planning commission is comprised of a group of volunteers appointed by the mayor who offer diverse expertise and perspectives guiding development and growth within Fort Smith. This evening, the planning commission will be reviewing the following items conditional use requests, development plans, rezonings, master land use plan amendments, and home occupation requests. The planning commission's actions this evening on conditional use requests, development plans, and home occupation requests will require the majority vote of those members that are present at this meeting and voting and will be final unless an interested party appeals the decision to the planning commission to the city board of directors. Appeals will be presented to the city board directors for the review at a future study session here within the Blue Line Building downtown. Master land use plan amendments and rezonings if receiving approval of the planning commission with the required five minimum yes votes will also be presented to the City of Fort Smith Board of Directors for their review on November 4th, 2025 meeting at 6 p.m. The Board of Zoning Adjustment, which consists of the same Planning Commission members will also be reviewing variance requests this evening. The action of the Board of Zoning Adjustment will be final unless appealed to a court having jurisdiction. All right, thank you very much, Tyler. We have two items a preliminary platinum heels and a final plat at Piana Hills. And I'll ask the city to briefly present those. Do we we don't we don't present unless y'all have a question? Any questions or comments? We've seen these before on Piana Hills up on the screen here briefly. All right. No comments. All right. I will ask for uh any comments from anyone out in the audience. All right. All right, I'll ask for a motion for the consent agenda.
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