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.