All right, uh good evening, everyone, and welcome to the November 10, 2025 Planning Commission meeting.

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

And to the Republic for which it stands one nation under God and indivisible liberty and justice role.

Right, I'd ask the Secretary for World Call, please.

Rhett Taylor.

Vicky Newton.

Here.

Zach Ledford.

Rod Coleman?

Kelly Wilson here.

Griffin Hannah.

David Tyler.

Matt Marshall.

Here.

Sean McCaffrey.

Here.

We have six commissioners present.

All right.

If the uh commissioners have had an opportunity to review the minutes from the October 14, 2025 meeting, I asked for a motion to approve.

Motion to approve as written.

All those in favor?

Any opposed.

All right, I'll ask the staff for comments and procedures about tonight's meeting.

Good evening, ladies and gentlemen, and welcome to the November 10th, 2025 Planning Commission meeting.

The planning commission is a comprised of a group of volunteers appointed by the mayor who offer diverse expertise and perspectives guiding the development and growth of Fort Smith.

This evening, the planning commission will be reviewing the following items.

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

The master land use plan amendment and rezonings if receiving approval of the planning commission with a required minimum of five yes votes will also be presented to the city board of directors for their review at on December the second at their December the second regular meeting, which will be at 6 p.m.

again in the Blue Lion.

The pl the Board of Zoning Adjustment, which consists of members from the Planning Commission will be reviewing zoning variance requests this evening.

Is there any comments or questions from anyone out in the audience tonight on these consent agenda items?

If not, I will ask for a um motion on the consent agenda items.

Sorry.

Sean McCaffrey.

Kelly Wilson, four.

Matt Marshall.

Vicky Newton.

Four.

David Tyler.

Four.

Six in favor, zero opposed.

All right.

Those items passed.

Our next item is a rezoning and an accompanying development plan at 3706 Towson Avenue.

And as City to present.

Thank you, Chairman.

These two are companion items, both rezoning and development plan.

The first one is rezoning number 3115.

This is a request by Evan Kohler, agent for COPA LLC for a zone change from industrial light special to an industrial light at 3706 Towson Avenue.

Approval of the rezoning facilitates the development of an RB RV park with 39 RB pads, two detention ponds, and a pickleball court.

Right there shown on the development portion.

The portion of the property to be rezoned is right at five acres or 5.02 acres.

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

on site.

One neighboring property owner attended the meeting with no opposition to the request.

On May 9th, 2023, the Planning Commission approved three items, a master land use plan amendment from general commercial to office research and light industrial.

Rezoning from commercial heavy to an industrial light.

It's special and then development plan for a vehicle storage yard that uh had a maximum height of 20 feet.

Subsequently, the board of directors approved ordinance 6923 of the August 15, 2023 meeting, amending in the master land use plan and rezoning to the I-1 with the I-1 special for the 20-foot height restriction.

Staff does recommend approval contingent upon construction compliant with the SMID development plan.

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

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

The development plan, this is number 21, 1125.

Again, a request by Evan Kohler, agent for COPOPA LLC for camps, camping, and related establishments for an RB park in a proposed I-1 zone at 3706 Towson Avenue.

Again, approval this development will uh allow for the construction of the RB park with 39 pads, uh RB pads, two detention ponds, a pickleball court, and uh future commercial development adjacent to Towson Avenue.

Some of the site features will include one driveway located on Towson Avenue, perimeter landscaping and parking lot screening as you can see there on the screen will be uh added for the development.

Uh the site will also contain dumpster screening.

The RB park will provide 39 parking pads.

The site does contain a portion of the Bass Rees Legacy loop as you can see right there on the northern part of the property line.

Uh and currently there's no structure proposed.

However, uh the commercial section there adjacent to Towson Avenue will comply with section 27602 of the UD UDO for architectural design guidelines.

Staff does recommend approval of this development plan with the following conditions.

Construction must comply with the submitted development plan.

Changes or amendments to that development plan are permitted, but limited to those described in section 273307 of the UDO.

Signage along Towson Avenue must be monument style.

And lastly, the RB shall be limited to a maximum uh stay of 180 days.

All right, Tyler, thank you very much.

Are there those here uh in favor of the application?

Um I'll ask for a uh motion to get the uh rezoning item on the uh floor, please.

I make a motion to approve staff on it.

Second, all right.

Any comments or questions by the commissioners on the rezoning?

Is it only RVs that can go for like mobile loan?

No, that's a separate land use.

It's just RBs recreational vehicles.

Sorry, what if they just wanted to camp with like tents?

No, this is for an RB park specifically.

Yes, sir.

All right, any other comments, questions?

Right.

Um there are none, I'll ask for a vote on the rezoning item number three, please.

Kelly Wilson, four, rod Coleman, four Matt Marshall, four Vicki Newton, four.

David Tyler?

Four Sean McCaffrey.

Four.

Six in favor, zero approved.

Right, we'll move to the development plan.

Uh same uh application related uh as for a motion on the development plan, please.

I make a motion to approve the staff moments, second.

Uh any other comment?

If not, I'll ask for a uh vote on the development plan.

Kelly Wilson, four Rod Cluman?

Four.

Matt Marshall?

Four.

Vicky Newton.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Six in favor, zero opposed.

Right.

Uh in those are items two and three on the agenda tonight.

Uh I'll now uh recess the planning commission and convene the Board of Zoning Adjustment.

We have three items at uh Worsing Avenue, a variance, a master land use plan amendment, and a rezoning and ask city to present, please.

Thank you, Chairman.

Item four, variance number 33-11-25.

A request by Charles Hamilton for a variance request from 50 feet to 49 feet minimum lot width in a proposed residential single family duplex high density zone at 1815 and 1819 Worsing Avenue.

Approval of the variance will facilitate a rezoning and accommodate construction of two duplexes on individual lots.

The subject property is on north side of Worcesting Avenue and northwest of North 19th Street and Worsing intersection.

The track contains an area of 0.24 acres with approximately a hundred feet of street frontage along Worsing Avenue.

Staff comments.

However, the updated field survey and property pen locations confirm a lot width of 49 feet for each of lots.

The RSD4 zone requires a 50 feet wide minimum lot width, thus requiring variance approval prior to rezoning.

Staff rec staff recommends approval with the following comments.

Approval of the companion rezoning and master land use plan amendment applications.

Changes or amendments to that uh to the submitted development plan are permitted but limited to those uh describing section 27-330-7 of the UDL.

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

All parking must comply with section uh 14-52 of the municipal code.

Item five, uh Master Land use plan amendment 17-11-25, a request by Charles Hamilton for a master land use plan amendment from residential detached to residential attached in a proposed residential single family duplex high density zone at 1815 and 1819 Worsing Avenue.

The property is currently zone industrial moderate I2 and companion zoning application requests a residential single family duplex high density zoning district.

The residential attached classification is intended to provide for diverse populations and have households by supporting variety and options in living environments and housing while protecting and improving property values.

Staff recommends approval item number six rezoning number 32-11-25.

A request by Charles Hamilton for a zone change from industrial moderate to residential single family duplex high density at 1815 and 1819 Rusing Avenue.

Approval of the rezoning from I2 to RSD 4 will facilitate construction of two duplexes on individual lots.

A neighborhood meeting was held Tuesday, October 30th, 2025 at 515 p.m.

No neighboring property owner attended the meeting.

Staff recommends approval.

Thank you.

All right, uh thank you very much.

Are there those in favor speaking uh for this application this evening?

Is the applicant here?

All right, all right, Mr.

Hamilton.

All right, anyone opposed to this application?

All right, uh, I'll ask for a motion to get item number four, the variance on the floor, please.

Make a motion to approve the staff comments.

Second.

All right.

Any comments or questions by the commissioners?

Maybe one thing.

This is less than an inch.

Yes, sir.

Is there a lot?

Is there not any related administrator?

Do you fix things like this?

If it was just the variance, I'll just put that.

Just the variant.

There's no power that you have.

That's coming through all of this.

Not with incorrect zoning.

If it's a lot less than minimum width in a zoning district that allows the land use, then yes, they could proceed fourth, but this had industrial zoning, and so no.

Just the variance.

No.

And it was in a residential zone.

It would be it would qualify as a lot less than minimum width, and yes, they could have built on it.

Right.

Uh excellent question.

Uh any other comments or questions.

Right.

Um, as for a motion on item four, the variance.

We have a motion.

Oh, did we have motion?

Uh excuse me.

I asked for a file, excuse me.

Rod Coleman?

Four.

Matt Marshall.

Four.

Vicky Newton.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Kelly Wilson.

Four.

Six in favor, zero opposed.

Right, I'll uh recess the board of zoning adjustment and convene the planning commission.

Uh consider the master land use plan amendment as for a motion on that, please.

Approve the step comments.

Second.

Any other comments or questions?

I'll ask for a vote on number five.

M O U P A.

Matt Marshall.

Four.

Vicky Newton.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Kelly Wilson.

Four.

Rod Callman.

Four.

Six in favor, zero opposed.

All right, and lastly, the rezoning.

Same items as for a motion for the rezoning.

Motion to approve the staff common.

Second.

Any additional comments?

Questions?

All right.

I asked for a vote on the rezoning.

Vicky Newton four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Kelly Wilson for Rod Callman.

Four.

Matt Marshall.

Four.

Six in favor, zero opposed.

All right.

All those items passed.

Thank you, Mr.

Hamilton.

Right.

All right.

I will uh now recess the planning commission and convene the board of zoning adjustment.

We have two items.

Um Rogers Avenue, 8450 Rogers Avenue.

As City to present.

Thank you, Mr.

Chairman.

Uh the first item is variants 341125.

This is a request by Brett Hickey, agent for Sea Holdings LLC for the following variance is in a C5 zone at 8450 Rogers Avenue.

The first variant variance request is from 43 to 60 maximum number of allowed parking spaces.

And the second variance will be from Section 276023 of the required perimeter landscaping requirements.

Approval of these variance requests and companion development plan will facilitate the construction of a new 4,329 square foot restaurant with drive-thru known as culvers, allowing the relocation of the perimeter landscaping with an additional 17 parking spaces.

The applicant explained in the hardship that the variance for the landscaping is warranted due to the unique topography and the elevation change of eight feet while also being located within the FEMA floodplain area.

Additionally, the applicant states that due to studies of existing Culver's restaurants and utilizing the Institute of Track Transportation Engineering manuals, the anticipated customer traffic is expected to exceed the parking currently allowed by the code.

The applicant is requesting a nine from 10 foot to nine and a half feet wide perimeter landscaping strip adjacent Rogers Avenue, while also proposing to relocate a portion of the perimeter landscaping located within the FEMA flood excuse me floodplain.

Additionally, the applicant is seeking a variance approval to allow the 17 additional parking spaces to meet the anticipated demand of culverts.

Staff does recommend approval of the variances with the following comments.

Any changes greater than that will require uh Board of Zoning Adjustment and Planning Commissioner approval.

The two lots there must be plied into one continuous lot.

And lastly, the required landscaping must be irrigated by an automatic irrigation system.

Moving on to the development plan.

This is uh the number for that is 221125.

Again, a request by Brett Hickey agent for C Holdings LLC for a restaurant with drive-through services in a C5 zone.

Approval will facilitate the construction of this 4,329 square foot restaurant with drive-through.

Some site features include that the uh traffic for for ingress and egress will utilize two driveways.

One new driveway will be located on Rogers Avenue, and a second driveway will be located on Mazard Road.

Again, already mentioned about the landscaping going from 10 foot wide to nine and a half feet wide in the relocation of the required landscaping out of the floodplain area.

The uh applicant has proposed shrubbery to satisfy the parking lot screening and additionally the HVAC, the dumpster screen, all that complies with the UDO.

The parking again, the request for the 17 additional spaces was mentioned in the variance.

And for signage, the development plan was proposing a new pylon sign located on Rogers Avenue there in the northwestern portion of development, along with wall signage that complied with the UDO.

No new side lighting details were provided at this time.

However, uh all the site line will comply with section 27602 of the UDM.

The architectural features include uh exterior facades, they're comprised of 100% high quality building materials using eFIS glass and stone veneer, and then the building is approximately 20 feet in height with uh 4,329 square foot of area.

A neighborhood meeting was held on November 3rd on site at 2 p.m.

No neighboring property owners attended the meeting.

This property is located within a strategic location at the intersection of two major arterials within a commercial corridor.

The design has made accommodations for the existing large drainage usement within the property while complying with the purpose and intent of the zoning code.

The proposed culprit restaurant complements the neighboring property land uses within the area.

Staff does recommend approval with the four following comments.

Construction must comply with cemented development plan.

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

Any changes rarely that will require planning commission approval.

Two lots must be applied into one lot.

The required landscaping must be irrigated by an automatic irrigation system.

And lastly, no standing signage shall be allowed on Mazard Road.

And that concludes my presentation.

All right, thank you very much.

Um those here and speak in favor of the application.

All right.

Anyone opposed?

All right.

We'll get uh the uh first item on the floor, please.

I'll ask for a motion on the variance.

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

Second.

All right.

Any comments or questions?

Would the applicants like to say anything or this point?

It looks like a nice development.

Any other additional comments?

All right, okay.

Um ask for a vote then on item number seven, the variance.

David Tyler.

Four.

Sean McCaffrey.

Four.

Kelly Wilson, four, Rod Coleman.

Four.

Matt Marshall.

Four.

Vicky Newton, four.

Six in favor, zero with those.

All right.

Uh I'll reassess the board of zoning adjustment and convene the planning commission as for a motion on item number eight, the development plan.

Make a motion to approve the staff comments.

Second.

Any comments or questions?

Not I'll ask for a vote on the development plan, please.

David Tyler.

Four.

Sean McCaffrey.

Four.

Kelly Wilson, four.

Rod Fallman.

Four.

Matt Marshall.

Four.

Vicky Newton.

Four.

Six in favor, zero opposed.

All right, those are items passed.

Thank you very much.

All right.

Uh last item this evening is a rezoning at 3505 Johnson Street and I see to present.

Rezoning 331125, a request by Alyssa Veneau, agent for West Art Church of Christ Properties Corporation for a zone change from residential multifamily medium density to a planned zoning district at 3505 Johnson Street.

Approval will allow the existing church building to be utilized for a government office, such as a taxpayer assistance center or other uses listed within the land use chart.

The subject property is located in north of the uh Johnson Street and North 35th Street intersection.

The track contains an area of one acre with approximately 100 feet, 140 feet of street frontage along Johnson Street.

No exterior site changes are proposed at this site.

However, the project booklet for this PZD articulates how the plan exceeds the UDO requirements for high quality material and landscaping by requiring 100% high quality material and all facades for new construction and also will require uh two trees and 20 shrubs for per 50 linear feet of right-of-way frontage for the uh perimeter landscaping, which is uh double the uh required uh landscaping, and that also applies to any new uh new construction.

There was a neighborhood meeting uh held on October 30th, uh 2025.

There were three neighboring property owners uh that attended uh with questions regarding the type of land uses permitted within this PZD, and they also had concerns with some potential increase in traffic.

Uh staff uh recommends approval.

All right, thank you for that presentation.

Are there those here in favor of this application this evening?

All right.

Anyone here opposed?

All right, I'll ask for a motion to get uh our last item on the floor, please or rezoning.

uh that attended uh with questions regarding the type of land uses permitted within this PZD and they also had concerns with some potential increase in traffic uh staff uh recommends approval all right thank you for that presentation are there those here in favor of this application this evening all right anyone here opposed all right I'll ask for a motion to get uh our last item on the floor please a rezoning item number 10 I believe or number nine excuse me motion to approve with stuff commons second any comments or questions by the commissioners would would there be a traffic concern did did did the neighbors feel like they got their comments adequately addressed at the neighborhood meeting yes they did once uh it was explained they would just be per professional type offices there all right all right um any other comments or questions if not I'll ask for a vote on item number nine rezoning at 3505 Johnson Street David Tyler for Sean McCaffrey four Kelly Wilson four Rod Common Matt Marshall four Vicky Newton four six in favor zero opposed yes we did all right that concludes our meeting this evening we'll adjourn there's no other business thank you very much