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

Uh, I'd ask everybody to please rise and say the Pledge of Allegiance.

I pledge of allegiance to the flag of the United States of America to the Republic for which it stands by nation under God.

All right, very good.

I'd ask for a roll call members, please.

Rhett Taylor.

Vicky Newton here.

Zach Clefford.

Rod Coleman.

Kelly Wilson here.

Griffin Hannah?

Here.

David Tyler.

Here.

Matt Marshall.

Sean McCaffrey.

Here.

We have six commissioners present.

All right.

Thank you very much.

Um if the commissioners have had an opportunity to review the uh November 10, 2025 minutes.

I'd ask for a motion on those, please.

So moved.

Second.

All in favor?

Any opposed?

All right, very good.

I'll ask for uh staff to provide comments procedures for tonight's meeting.

Yes, sir.

Good evening, ladies and gentlemen, and welcome to the December 9th, 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 the development and growth of Fort Smith.

This evening, the Planning Commission will be reviewing the following items: development plan, subdivision plots, and rezonings.

The planning commission's actions this evening on the development plans and subdivision plates 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 and voted on at the following next regular meeting.

The rezonings receive 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 January 6, 2026 meeting at 6 p.m.

Again, located in this building, which is the Blue Lion at 101 North 2nd Street.

The Board of Zoning Adjustment, which consists of members from the Planning Commission will also 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, thank you very much, Maggie.

Our first item is the consent agenda.

The two items at uh Vienna Hills, preliminary plat, and final plat.

Um staff need to present those at all.

All right.

Uh any discussion from anyone in the uh audience tonight on these items.

All right.

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

Motion approved.

Seven.

All right, I'll ask for a uh vote, please.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Oh, sorry.

Okay, there he is.

Kelly Wilson, four.

Matt Marshall.

Vicki Newton.

Four.

Griffin Hannah.

Four.

David Tyler.

Four.

Seven in favor, zero opposed.

All right.

Thank you very much.

Uh and Commissioner Taylor has joined the meeting and was able to vote on that, so very good.

Um the next item are uh two items, a rezoning and a development plan at Old Greenwood Road.

And I asked staff to present.

Thank you, Chairman McCaffrey.

Uh rezoning 34125, a request by William Jackson But the second, agent for Natural State Council of the Boy Scouts of America for a zone change from residential single family duplex low density RSD2 to a transitional at 1401 Old Greenwood Road.

Uh the subject property is on the east side of Old Greenwood Road and south of South M.

The track contains an area of 0.7 acres with approximately 200 feet of street frontage along Old Greenwood Road.

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

As required, the applicant sent letters and a project description to all adjoining property owners.

To date, the applicant has not received any concerns from neighboring property owners.

For staff comments, a subject property was conveyed uh to the local uh council of the Boy Scouts of America to be utilized for the promotion of Boy Scouts through the resolution passed by the Board of Commissioners on October 4th of 1962.

Uh the Boy Scouts Institution uh constructed the existing building to be utilized for the office space, uh conference rooms and retail shops for scouting attire.

Uh the current zoning for the track uh is RSD2, and the current operating Boy Scouts Institution is legal non-conforming.

Uh the scouts desire uh to lease space within the existing building uh to support Boy Scout mission.

Uh staff recommends approval.

And moving on to the development plan, uh development plan 23125, a request by William Jackson but the second agent for the Natural State Council of the Boy Scouts of America for offices in the proposed transitional uh zone at 1401 Old Greenwood Road.

Approval of the development plan and companion rezoning request will allow for transitional uh zone land uses to operate within the existing building.

Uh there are no uh exterior construction proposed at this time, and all new construction uh must comply with uh the uh design guidelines of section 276024 of the UDO.

Uh staff also recommends approval for this.

All right, thank you very much.

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

Yes, Mr.

Budd.

If you'll state your name and uh address for the record, please.

I'm Jack Butt, William Jackson Butt second.

I'm the agent for the uh natural state council.

With me here tonight is Shannon Richardson, who is the CEO of the council.

Uh the the planning staff has described this.

We've been helped through it with the staff and submitted everything we asked best we could.

We've gotten no responses to the required letters to the people within 300 feet.

And if there's any issues you'd like to ask about, I'll be glad to address them.

But uh basically we as that is presently utilized, we have more space than we can use, and the most efficient use of it is if we can find some business tenants that would be under the uh T transitional zoning to take that up and pay a little rent that could be used for the scouts.

Thank you, Mr.

Buddh.

Any comments or or is there anyone opposed to the application here this evening?

Any comments or questions by the commissioners?

I you know, my question the other day, I guess at the study session was about the the being subject to the Greenwood Overlay District.

So if the zoning is changed or there's construction, would that I mean is everyone grandfathered in now?

But if the zoning was changed or there was construction, does that make it more subject to the overlay district requirements?

The property is subject to it is already okay.

Yes, it's just that there's nothing happening to this site that's going to trigger anything within that.

Okay.

All right.

Okay.

Maybe a quick question on signage.

There's no proposed exterior signage that's gonna go on this site, is there?

Yeah, right, but no new exterior signs.

Yeah.

Not presently.

In fact, somebody asked at the last meeting.

Do we have negotiations for tenants?

We're we're not even going there to get the rezoning.

So once we do that, we would probably negotiate with tenants if they want their doctor's office or law firm or insurance agency sign on the outside.

We would have to determine what the regulations were and either comply with those or seek variances or approval.

And signage would be applicable.

Signage would be required to comply with the OGR overlay.

Thanks.

Any other comments or questions from the commissioners or the audience?

All right.

If not, I'll ask for a um motion.

We have not had a motion.

So I'd ask for a motion on second.

And this would be a motion on item number two first, the rezoning.

All right.

Any uh I'll ask for uh is there a second?

Yeah, okay.

I'll ask for a vote then on the rezoning taylor.

Four.

Kelly Wilson for Matt Marshall?

Four.

Vicky Newton for Griffin Hannah?

Four.

David Tyler.

Sean McCaffrey.

Four.

Seven in favor, zero opposed.

Right, and then for the accompanying development plan, that asked for a motion on item number three on the agenda.

Make a motion to approve a staff comments.

A second.

Right.

I'd ask for a roll call on a vote on item three.

Kelly Wilson for Matt Marshall.

Vicki Newton for Griffin Hannah.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Seven in favor, zero opposed.

All right, both those pass.

You're welcome to stay or go.

Um anyway, appreciate you guys safe travels home, Mr.

Batt.

All right.

All right, I'll uh resist the planning commission and convene the board of zoning adjustment.

Uh consider a uh variance at uh Midland Boulevard.

And then there's also a uh development plan as well.

Uh thank you, Chairman McCaffrey.

Variance 351225 is a request by Brixy Engineering Agent for Midland Motors LLC for the following variance requests in a C5 zone at 1820 Midland Boulevard from 30 feet to 14 feet, rear yard set back from 30 feet to 26 feet, rear yards set back from 30 feet to 10 feet, rear yard setback, and from 30 feet to 10 feet rear yard setback, and lastly from 20 feet to 16 feet, side yard setback.

Approval of this development plan and the variance requests will facilitate the construction of a 404 square foot office addition to the existing building.

The applicant stated in their hardship that the business cannot expand the office building uh section without a variance approval.

They further further state that the existing buildings and car ports were erected in error, however, they do not affect or really impact any of the surrounding property owners.

A neighborhood meeting was held on Tuesday, November 25th on site at 4 p.m.

or I'm sorry, at Fort Smith Public Library at 4 p.m.

and no neighboring property owners attended.

The applicant is requesting several variances and development plan approval to bring all the buildings into the setback compliance of this zone and construct that 404 square foot office addition for a vehicle dealer business.

Numerous on-site buildings, including a new addition, encroach the rear yard setback.

So that's necessitating the variance request.

Two larger existing buildings obtained building permits and complied with the bulk and area requirements during construction.

The property owner has agreed to relocate two unpermitted carports out of the rear yard setback and also he's uh completely removing one of those as well.

However, the applicant is requesting a variance for the two unpermitted sheds at the rear of the development that we discussed at the study session.

If the BCA is inclined to approve this variant staff recommends the two following comments, the construction must uh comply with that submitted development plan.

Any changes or great uh changes greater than that must comply with section uh or greater than section 27307 the UDO will require planning commission and uh BZA approval and a building permit must be obtained for all the unpermitted structures.

Moving on to the companion development plan, it describes the same thing for the 404 square foot uh building edition.

It is for the record development plan 24125.

Uh there's a few additional things here.

I'd like to point out the the six-foot opaque privacy fence is currently located there as you can see on the picture at the rear of the development uh next to the alley.

Uh the proposed office edition is compared comprised of vinyl siding and steel metal panels and will and complies with the UDO to match the existing building and uh uh square footage of the structure is 404 uh square feet and 13 foot four inches tall.

If the planning commission is inclined to approve this development plan, staff recommends the following the construction must come uh comply with submitted development plan.

Changes are uh greater than section 27 uh 3307 of the UDO will require planning commission approval and again uh building permit must be obtained for all the unpermitted structures all right.

Thank you, Tyler.

Uh there are those here this evening to speak in favor of these applications.

Any anyone opposed?

All right, we don't have anything to say.

Okay, yeah, I just want all right.

Uh I'd ask then for a uh motion to get item number four the variance motion to approve of the addition of staff comments, all right.

A lot of good discussion at the plan at the study session.

Any further comments or questions by anyone?

Uh C and D and A are staying, those are the ones that have certain like mechanical equipment key.

Uh right there in the very center, you'll see the uh the car course of the two existing R courts that are on a shove those out and set back so they can apply and uh eliminate C I want says to be removed on the right side just completely eliminating that any other comments or questions not I will call for a roll call vote on item four of the variants Matt Marshall Vicky Newton Griffin Hannah Four David Tyler Sean McCaffrey Taylor Ellie Wilson four seven in favor zero opposed right uh now re-assessed the board of zoning adjustment and convene the planning commission to consider item five the development plan on any for a vote please or ask for ask for a motion by motion with the addition of Steph Gomes any further discussion if not I'll ask for a vote on the development plan item five marshall four Vicky Newton four Griffin Hannah Four David Tyler Sean McCaffrey four Brett Taylor Kelly Wilson four seven in favor zero opposed right those two items passed.

Or ask for my as for a motion by with the addition of Steph Gomes.

All right.

Any further discussion?

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

Matt Marshall.

Vicki Newton.

Four.

Griffin Hannah?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson.

Four.

Seven in favor.

Zero up.

Right.

Those two items passed.

Thank you very much.

Um last two item.

Well, first I'll recess the planning commission and convene the board of zoning adjustment.

And we have two items first the variants and then the planning commission to consider the development plan.

And I'll ask Tyler to present.

Thank you, Chairman McCaffrey.

For the record variants 36125.

This is a request by Mark Evans agent for MMGK Arcoma LLC for the polling variance request and a residential single family duplex low medium density zone at 269 Paddock Lane.

The three variants request uh the first one is from 276023 for perimeter landscaping requirements.

The second one will be from 276024 from the minimum high quality materials requirements for a building, and from front yard setback 30 foot to 25 foot.

Approval of these variants requests facilitated construction of a 900 square foot smooth face block sound enclosure for the existing gas well.

Can you go to the aerial photo for me, Greg, please?

I made sure I could get this so it would uh kind of help the visual a little bit since today's session.

Uh this is to help uh mitigate sound uh uh noise coming from the existing gas well.

The applicant stated in their hardship that the site contains three existing wells pumps and and those type items they're enclosed by existing eight foot opaque privacy fence.

The applicant claims that the high quality materials would not be visible behind that eight-foot fence due uh because of the eight-foot fence.

So the applicant also states the structure is proposed to satisfy uh court settlement case agreeing to mitigate noise levels for the neighborhood.

A neighborhood meeting was held on site.

Three neighboring property owners attend the meeting, and uh obviously they're in support of this request so they can mitigate that sound.

Um the property owner received complaints from surrounding property owners about the noise being created by these existing uh gas wells and the uh support equipment.

And again, this will be 900 square foot sound enclosure comp the comprised of smooth face block, and they have requested a variance from the high quality materials, perimeter landscaping, and a setback so they can go over the uh actual existing uh gas wells.

Staff does recommend approval with the following comment.

Construction must comply with the submit development plan.

Any changes greater than section 273307 of the UDO will require planning commission and BZA approval.

Moving on the development plan because it's companion to the variants, that number is 25125.

Not a lot to add on this, 900 square foot uh smooth face block building, it's at the 269 Paddock Lane.

The architectural features again will be 100% smooth face block, which is uh I described in the previous variant statement.

Uh the screening is the existing eight-foot opaque fence and no other site changes are proposed at this time.

Staff does recommend approval with the same following comments.

Uh construction must apply to section 27307 of the UDO.

Any changes greater than that must receive planning commission and BZA approval.

Thank you.

All right, thanks, Tyler.

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

Uh any anyone, I'm happy to answer any questions.

If you uh come up and just state your name and address, sir, please.

Sorry, we're being recorded, so anyway.

I'm Mark Evans with E Squared Architecture representing merit energy.

All right, thanks, Mark.

You're welcome.

Um no one else, I guess you're opposed.

Uh I tell you what, uh, any I'll call I'll call for a motion on the uh variance item number six just to get it on the floor.

Second all right.

Any other comments or questions by the commissioners?

So you guys replacing all of that fence that's around the entire site?

No, the fit the only thing that we're replacing is the existing cover or enclosure around the pump.

There's uh you go to the area.

You'll see a big green entire site.

Right.

See that where it says 267?

That is a portable garage, and that will be coming out as well as the there's a fence just kind of a C shape above it.

That'll also come out, and then the building be placed right over that area.

And what that is is an existing, it's a large electric motor pump that pumps gas from three existing wells just to the north of that.

And so we're to mitigate the sound with this 12-inch CMU block building.

And that f that fence is required to stay there, let's say six years from now, six months from now, fence is damaged, removed staff will enforce and make them uh reinstall that fence because it is part of the development plan and part of the requirement.

So if it's ever damaged in any way, uh they are required to replace it.

You know, as part of this settlement of the case, I g this was a lawsuit that spurred this on, is that correct?

Litigation.

That's my understanding.

I don't know the details of the actual litigation, but that was the agreement that the both sides reach is that we'll build, take what was there out and replace it with a building that's more sound proof.

And I'm just wondering as part of that settlement and that litigation, was there discussion or approval by the neighbors regarding you know the setback, the landscape requirements and the high quality materials?

Not to my knowledge.

No, it's just mainly the minimum sound.

The neighbors showed up to the in the neighborhood meeting, and that was described to them, and they were still in support.

They're just up, they just don't want the noise.

They don't they wasn't worried about the landscaping or the quality materials at the neighborhood meeting.

This is mainly instigated by the neighbors.

No, and I understand that.

I mean, I just wanted to make sure that I mean it I mean I you know appreciate the errors and all that.

I just wanted to make it more I mean it's a nice neighborhood, any neighborhood really, regardless of what it is.

It seems like maybe it could still be beautified a little bit by the landscape or the high quality materials a little bit.

You know what I'm saying?

I I don't I just have a little bit of a problem with that.

And I I just I guess if the neighbors fully understood what was going on and and was it described regarding the the landscape and and and all of those?

Yeah, so the neighborhood meaning we have to describe the the variance hey, he's applying for these three variants request, and uh it's you know they just want the noise taken care of.

What does the landscape the perimeter landscape requirements look like on this site?

He would have to remove the fencing because the right of way goes up to the fence line, and really either way he'd have to get a landscaping variance unless he ripped the wells out because he doesn't have the 10 foot required wide.

Uh you know, it's the one tree and ten shrubs.

Uh and like I said, where some of those gas wells and some of those uh uh prudences are there.

I mean it would kind of defeat the purpose.

There, I mean, he doesn't have the room to put it in there because if you look there on the north side, some of those are only just a couple foot from the fence, and the actual rideway goes right about right through here on that on that property.

Also, there's a AOG easement just to the left of that fence.

So there's really no alternative as far as land, it's some sort of reduced landscape.

This has been in the neighborhood for a long time, even before the neighborhood was built out.

And as you can see, uh at some point they made an agreement and gave an easement to extend paddock lane.

Right.

So I mean, technically it's still paddock lane is on their proper on the Emmerit Energy's property, but they allowed an easement through there.

So could you show the picture of just uh the fence line and the way the uh bad one outside the outside of the street at the next one?

There's another one.

Another one.

Oh, this one.

This is I mean, this is as you drive down the paddock, right?

Yeah.

It just looks kind of rough, so it's tough to get the perimeter landscape uh uh requirements to take those away when it's grown and looking that way.

Um, just a little bit of it.

I think that that would use some while you're there.

I know you but if we require that up and the avenue for this permit we made if we required them to do the perimeter landscaping requirements.

There isn't that the fence has to go, then there's easements, there's uh utilities and stuff like that.

I I I agree, I'm never really much in the way of getting rid of the landscape requirements, but at the same time, there's not room for it on the site.

Uh the neighborhood's fine with it.

The noise is the problem, and they're going to correct that issue.

I will say what you're looking at now, these dead limbs and stuff on the ground is in violation of the neighborhood services property maintenance code anyway.

So we can get them out there, or you could just ask Barrett Energy to please remove that from their site.

That'd be really nice.

I mean go ahead.

Go ahead.

You want me to request them to cut down the screening?

I just want them to take the dead limbs and the piles of dead trees and limbs off.

Actually, those are cut down by the neighbor.

Well, who's ever there?

They may not make it.

It is on mayor's property, but it was I think the neighbor who cut it down and left it there.

Maybe in addition to clean it up, and whenever we go out for building permit review, we won't release the building permit and tell them they clean it up.

Yeah, you can do that too.

I think that I mean I think that's kind of that's a fair deal.

I mean, I know you're not rebuilding the fence and putting in shrubbery around there.

There's some nice houses down through there, I think.

Um it would make the area nicer, more walkable.

I think people walk their dogs down through there.

It's a nice little I mean it is a dead end street down there.

I mean, it is yeah, you know, it's uh but it'd be it's still but still nice for even a dead-end street to be cleaned up some.

Um I'm not opposed to you know if you would say you know, as chairman you go ahead and pass, but it'd be nice if you clean it up.

I will make that known to the to the client or to the owner.

What what about on the high quality materials?

What is what is that exactly?

Well, it's a smooth face block versus I think a split face block.

Um don't you have a you have a combo of that on this, right?

No, no, I do not no I'm um indicating on the drawing is cells that need to be filled with with concrete for structural reasons.

Smooth 12-inch CMU primed and painted correct also blocked by the fence and whatnot.

Right.

Yep, and we're gonna pick neutral colors, you know, so it kind of blends in or goes away.

We're not gonna do anything loud or unobtrusive.

All right, very good.

All right, so uh Commissioner Tyler hadn't mentioned uh I guess uh again beautifying that area we're going the the variance on the landscape, just clean that up.

Did somebody want to do we want to make a revised motion to do that?

I don't think I I don't think I'm we have to press the issue.

It's certainly a request.

Neighborhood services can get up there and send you guys something if they choose to.

Uh but it's just something that I know is through the pictures and scrolling through stuff.

If it's if you're making a uh improvement there on the site, it'd be nice to take care of the rest of it on the outside.

I should mainly approve it's for sound.

That's what contractor.

All right.

Mark, how would you feel if we uh stipulated like a paint color that blends in with the natural landscaping?

I don't have an issue with that something neutral.

It would seem I would I would prefer it to work with whatever uh prefinished metal for the metal siding of roof.

And usually that's about what six colors, six or eight colors are standard.

So right now it's they've got green.

I was thinking going backward green, but if it won't if if I don't think they really mind, you know, it would be more like I said, I want something neutral, whether it be green or a tan or something.

I agree with that.

Something on the darker end.

That spot right on the bend of free ferry about a block away from this.

That place looks great.

That little pump station cut that's brick, isn't it?

That's brick, and I think the roof is like that's yeah, uh it looks great.

Yeah, I mean this is a metal R panel, pre-finished metal R panels.

Yeah, like I said, they come in about six standard colors.

You can get custom colors, but it adds quite a bit to the cost and lead time.

Yeah, I don't think a custom color is necessary, just not not white.

No, no, I agree, no.

Like I said, a tan or green, which is what's there now, sort of a green is what's there now.

All right.

I trust you on that.

So we have a motion on a pro we gonna revive amend the motion.

Anyone are we amending the motion?

Oh okay.

I'm very good.

Okay.

All right.

Um I will ask for a vote then on the item six of variants.

Vicky Newton?

Four Griffin Hannah?

Four.

David Tyler?

Four Sean McCaffrey.

Four.

Four.

Kelly Wilson, four, Matt Marshall?

Seven in favor, zero opposed.

All right.

Uh uh recess border zoning adjustment and convene the planning commission item number seven, the development plan.

Any other further discussions or questions?

No more.

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

I make a motion to approve the staff comments.

All right.

I will ask for a vote then on the development plan.

Griffin Hannah?

Four.

David Tyler?

Tom McCaffrey?

Four.

Brett Taylor.

Four.

Kelly Wilson's four.

Matt Marshall?

Dickie Newton.

Four.

Seven in favor, zero opposed.

All right.

Thank you very much.

Uh with that we'll call the meeting adjourned.

Thank you, Mr.

Evans.

Thank you.

Sorry for being tired.

No problem.

Sorry to hold you up there, Kelly.

Where are you going?