Good evening, everyone, and welcome to the February 102026 regular meeting of the Planning Commission and the Board of Zoning Adjustment.

I'd ask everybody to please stand and recite the Pledge of Alleasis.

Pledge of allegiance to the flag of the United States of America.

And to the Republic for which it stands.

One nation under God.

Indivisible and justice for all.

Alright, I'd ask the secretary to have the roll call, please.

Rhett Taylor.

Here.

Vicky Newton.

Here.

Zach Ledford.

Rod Coleman.

Kelly Wilson here.

Griffin Hannah.

Here.

David Tyler.

Present.

Matt Marshall.

Here.

Sean McCaffrey.

Here.

We have eight commissioners present.

All right.

Uh we'll move forward with the approval of the minutes from January 13, 2026.

If the members have had opportunity to review, it asked for a motion to approve.

Uh motion.

Second.

All those in favor?

Any opposed?

All right.

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

Good evening, ladies and gentlemen, and welcome to the February 10th, 2026 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: Plats, development plans, rezonings, conditional use requests, and master land use plan amendments.

The planning commission's actions this evening on the development plans, plats, and conditional use requests will require a majority vote of those members present and 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 regular meeting.

The next the master land use plan amendments 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 the March 3rd, 2026 meeting, which is at 6 p.m.

Again, located in this building.

The Board of Zoning Adjustment, which consists of members from 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, uh, thank you, Maggie.

Our first item is a consent agenda, a final plaid at Brighton Park subdivision, and also conditional use at 7712 Taylor Avenue.

Uh I'd ask for a motion on these two items.

Or is there any discussion?

Motion to approve is written.

All right.

Uh if there is any further no further comment, I'll ask for a roll call vote on the consent agenda item number one.

Sean McCaffrey.

Kelly Wilson for Rod Coleman?

Four.

Matt Marshall, Vicky Newton, for Griffin Hannah.

Four.

David Tyler.

Four.

Eight in favor, zero opposed.

All right.

Our uh next items are companion items a master land use plan amendment and a rezoning at 5300 Heather Ridge Street.

I'd ask the city to present, please.

Thank you, Chairman McCaffrey.

The first item is Master and Land Use Plan Amendment 2226.

This is a request by Goodwin Engineering LLC.

Agent for Treetops Four Smith LLC for a master land use plan amendment from residential aid hatch to mixed use residential and proposed plan zoning district zone at 5300 Heather Ridge Street.

This is to accommodate a new proposed PZD or Plan Zoning District.

Ordinance 3622 rezone the property, allowing a variety of housing types, including single family, duplexes, row houses, and apartments on this entire 43-acre tract.

And this was in 2022.

This request that's in front of you now is for a 2.9 acres known as character area A within the PCD booklet that I'll explain further in amend in in a minute, interior to the site, and is going to be a mixed-use residential master land use plan classification facilitating the proposed mixed use development.

The master land use plan amendment will accommodate this uh plan zoning district change.

The proposed uh land use of mixed use residential is appropriate for this requested zoning.

Staff recommends approval of the master land use plan amendment uh uh request subject to the approval of the companion rezoning request.

Moving on to the uh plan zoning district request.

This is number 4226, again, a request by Goodwin Engineering is agent.

The request will be a zone change from a current existing planned zoning district ordinance 3622 to a new plan zoning district at 5300 Heather Ridge Street.

Approval of this rezoning request facilitates a rezoning of the northern 16.92 acres with two character areas known as character area A and character area B.

Character Area A will be composed of 2.9A acres located within the center of the development, kind of center there to what you see on the map.

And excuse me, that was character area A and Character Area B is that north-north-northwest portion there highlighted in front of you.

Character Area A allows for a mixed-use residential and commercial development located interior to the site.

The PCD included several uh items there describing or articulating uh different things, such as the traffic impact analysis that was provided in your plan uh or within your planning commission packet that we'd sent out last Friday.

It does state that the commercial portion of this PCD will be limited to an absolute total of 18,000 square feet within that three-acre development.

And out of that 18,000 square feet, no suite can be larger than 6,000 square feet.

So for instance, you could have three suites at 6,000, but you could not have two 9,000 square foot suites.

The PCD booklet states that it's still exceeding or currently exceeding the UDO by uh retaining the natural 30-foot buffer on the northern property line adjacent to the existing single-family neighborhood.

Uh the PCD currently provides sidewalks on both sides of residential streets, and as you know, the UDO does not require that.

And the PCD will only allow facade and monument style signage.

A neighborhood meeting was held Thursday, January 29th at 2026.

I'm sorry, January 29th, in Creekmoor Park in the Azalea room at 3301 South M Street at 5 30 p.m.

Seven neighboring property owners and four of the uh development consultants were there on site at the meeting.

Several uh neighbors expressed concerns about increased traffic, land use, noise, and potential tenants within the development.

A copy of that meeting minutes was attached and included it within your packet.

Again, ordinance 3622 was approved on May 3rd of 2022 and it amended the master land use plan to residential attached for the entire site uh and also allowed for the rezoning of the current planned zoning district.

The PCD permits single family residences, duplexes, row houses, townhouses, and apartments, the one that was approved in 2022.

The first phase of the development within the PCD currently exceeds the UDO by providing six-foot sidewalks on both sides of the internal streets and preserving the 30-foot natural buffer on the northern property line and the installation of individual trees interior to the site for each lot.

The applicant request to rezone the northern 16.92 acres of the original PZD, creating two character areas known as character A and B as I described before.

You can see in blue, located in the center of the subdivision, allowing for that mixed use development, permitting land uses in the attached land use chart that was within the packet.

Character area B, the 13.94 leftover acres, will utilize the exact same land uses that are within the current PZD that was approved in 2022.

However, it will allow for lots with zero street fringe to accommodate future plating.

Character area B preserves the 30-foot natural buffer located on the northern property line adjacent most single family houses.

Staff does support the request for the mixed use development and recommends approval.

That's the end of my report.

All right.

Thank you very much, Tyler.

Are there those here?

Uh I'm assuming the applicants here, anyone else in favor of the application.

All those uh if I can have a show of hands who are opposed to these applications.

All right.

All right.

We certainly want to give everybody an opportunity to uh voice our opinion.

That's why it's a public hearing, and it's important to be heard.

Um if we do start running some repetitive type arguments, we may limit it uh number of talk, but again, everybody's welcome to talk.

So I'd ask maybe uh whoever would like to speak in opposition to to get up and uh express a reasons why they're opposed.

Anybos that would like to get up and speak?

Feel free.

It's if you'll state your uh name and address for the record, as we are being recorded.

Thank you, sir.

My name is Daryl Cunningham.

Uh I own the three properties in the area, one on Hard Scrabble Way, one on Fresno, and one on Gary Street near one of the entries into the uh development.

Um the development is in place.

The change to allow for commercial activity is not a big problem.

It's going to add more, but there's one big problem that has been overlooked time and time again, and I think it's still being overlooked.

There are about 300 or so homes which can only get out of the area on 58th Street.

This development is adding another, as I understand it, close to 300 uh units.

This will double the amount of traffic, all coming out to 58th Street.

Now, it's been stated before that there are alternatives between Gary exit and Heather Ridge exit, but I would point out they both end up on 58th Street.

There needs to be an alternative ingress egress to this unit.

Now, the developer tells me in a conversation months ago that it would be too expensive and that the land is not available to come out of here.

I hope that someone will consider whether or not there's any possibility of 58th Street being continued south under, over the uh bypass.

There needs to be an alternative exit to this development.

Thank you, Mr.

Cunningham.

Um anyone else would like to speak, please come forward.

In regards to his comments, have the uh has a city fire marshal in the city looked at the plans and approved those as ingress and egress is the fit typical requirements.

Uh Tanger uh question, Commissioner Tyler.

Yes, the fire department has reviewed this.

Uh it does have the entrance on Gary Street and Heather Ridge, and it does comply with the state fire codes.

Furthermore, that that traffic information uh statement that was in the packet and also mailed out on the on the city website, you know, is pretty lengthy, about 20 pages or so, and it shows it complies with the city city standards uh for the class ratings and what's acceptable for uh traffic.

Yes, sir.

I'm Ted Johnston.

I live at 3312 South 58th.

I'm right on the corner uh to one of the entrances, apparently real close to this gentleman's places.

Um it's gonna be crazy.

I hope you do not let any commercial in there.

We've already been through this once uh within the last year.

I think y'all did the right thing saying no.

This is pretty much the same thing all over again.

But the traffic study done there.

I'm not an engineer.

Uh I'm an AutoCAD technician.

I've got two associates' degree.

If you add them together, maybe we get close to an engineer.

But the traffic study, I I wish there was some way that you guys could let a neutral party do a traffic study, because I think the one we have is uh it's junk.

I don't know.

I know the engineers supposedly looked at it.

I don't know if it was looked at and said, Yeah, it looks good, got stamped, ran it with sync eleven, must be good.

But there those things are only as good as as the information you put in them.

And the traffic area at 58th in Boston and at the top of 58th that that he's speaking about are all really unique uh spots.

And when they ran that simulation, it looks like they've treated them all as pretty much an ordinary side streets.

No grade has been put in.

Boston only runs about a hundred feet off of 58th, makes a 90-degree left turn for another 75-80 feet, then makes another right at 90 degrees with no other traffic around.

You drive through that area to go under the underpass under the interstate at like eight miles an hour.

Country Club comes in probably 60 feet to the south of Boston meeting 58th.

And it's almost straight uphill from there.

I d I don't know.

I know that the results they got, what they suggested to do, there was still some long wait times in the paperwork.

Some of it didn't get by at what they had, but I still think it's way worse than that analysis put it out.

Um and we've had all kinds of trouble with with noise.

Uh this guy hasn't done anything he said over here.

I hate to give the guy an inch on anything.

Uh he's kind of gone back on everything he's he's promised.

Even what we're hearing today from uh the neighborhood meeting the other day is is stretched a little farther than what they were saying.

We were told that there was supposed to have been uh a lawsuit over a gas well noise that had been started.

We called to check on that to try to get involved to do something about it, and it and there is no lawsuit.

I think this guy is just gonna tell us whatever he thinks we want to hear uh to get this through.

There's a lot of of us live here, and this is gonna make a big difference, a big mess down in this neighborhood with the traffic for a long time.

Um I wish there's some way that y'all could look at the traffic yourself before thank you, Mr.

Johnson.

Appreciate your comments.

Uh anyone else like to speak, please come forward.

Yeah, I'm uh Wayne Gosnell, I live 4931 Hart's gravel way.

I was here last week's study session.

I spoke three times about the traffic.

Our gripe from the get-go is the traffic.

Uh Tyler sent me the uh study that was done.

The proposal is in the future maybe put a stop sign at the Boston and 58th when you come down the hill.

Well, all that needs to be revisited.

Uh because right now half of the Harsh Grabber Village is uh we come off Harsh Grable Village to turn on 58th.

So half of the existing subdivision there now is gonna have trouble making a a left on the 58th.

Uh the stop signs are great if you live down there where he's building this, but if you lived in the existing neighborhood, uh you're gonna be screwed in the future.

Uh proposed stop signs, you come down a hill, Boston hits right here, about 75 feet down is hard scrabble way.

Who's gonna let us if you put stop signs in, or even without stop signs, how are we gonna make a left to go up 58th Street?

That's our gripe.

The people in the existing neighborhood who live in 58th Street or Hart Rebel Way, 51st Street sits it, 52nd Street hits it, 53rd, 54th, I think 55th, all come back to Hart Scrabble Way, and we have to make a left right there at the bottom of the hill, right where you want to put 75 feet or more or less where you want to put the stop signs.

So basically half of the existing neighborhood is uh it's gonna be chaos trying to get out of there.

I don't know.

Uh if those people have to drive all the way back to 58th around the whole subdivision, that's ridiculous.

So I think it needs to be revisited.

Somebody look at where horse gravel way comes in to where the proposed stop sign is going to be, and you'll see where I'm talking about.

There's there's a problem, the people, and so the people in the old neighborhood.

It's nothing to do with this heavy ridge.

But the people in the old neighborhood, half of us come out hard travel way to turn left on 58th, and that's where the stop signs are going to be 75 feet up.

He's adding 500 more units, so there'll be 500 to a thousand more cars.

They're not gonna let us make a left.

Um he told us earlier that he couldn't connect to Lee Avenue because highway commission.

The people live kind of north and west.

Uh he said they weren't agreeable to anything.

Well, it's the Kelly Airs, I believe, and that's who he bought the property from.

So I really think uh harsh crabble way left up the hill needs to be revisited, and a back way out of head ridge needs to be really considered because the Osh Scrabble uh village neighborhood.

Most people don't know about this.

If you went down that street and all these side streets run up to it, and that's half the existing hard scrabble village now.

They're all of a sudden they're gonna wake up and they're gonna go, I can't make left.

And that's what you're gonna run into.

And you need to do it before while there's still a way to go back there, because he I believe the people on land behind him, or that you could connect up there behind Southside with, maybe at the top of the Avenue.

The same people he bought the land from.

So I request that uh somebody look at where hard scrabble way comes in, y'all tell us how we're gonna get out in the future.

Uh I don't know how we can.

So that I think that needs to be revisited.

Thank you, Mr.

Gosnell.

Um I think we're hitting kind of a recurring theme here about traffic.

Uh certainly glad to entertain more discussion on that, but any other discussion, yes, sir.

Come out.

My name's David Bourne.

I live at 3308 South 54th Street, just a couple of rows or houses down from some of my neighbors here.

Um the big problem that I have with this whole proposal is it's it's epitomized what's been going on for this last several years.

Uh, when we first met as a community to talk about this project, it was a foot in the door technique.

I don't know a whole lot about engineering or building or anything, but I do know a lot about marketing.

Foot in the door technique is we ask a simple request, we start small, and it just keeps growing and growing and growing.

The very fact that we're here to request a zoning uh mode exchange, what are these called?

Zone change.

Zone change, okay.

Thank you.

Um, the very fact this is a zone change is another example of what we've been you know getting over and over again.

The first meeting about four or five years ago was hey, we're gonna build 20 houses or 20 duplexes, and it started off really small.

Uh I talked to Mark about that, and he said it was a miscommunication.

Whether it was or not, I don't know.

Not really sure.

Uh, but this project has grown from what we thought as a community was going to be 24 or 25 houses somewhere in that that ballpark to as I think has been mentioned before, over 500 doors.

That's quite the upgrade, uh, quite the foot in the door door system there.

So the other problem that I really want to address is the fact that we as a community really don't need noise, we don't need all this other stuff in our neighborhood.

We already have enough issues with the the gas well that's in the area that's been mentioned.

Um, and I hope that does get pursued.

I don't know why the city hasn't pursued that.

We have a gas well in the middle of our neighborhood that is now producing you know quite a few decibels over what's allowed.

Uh that hasn't been enforced and hasn't been pursued.

Uh and that's also I think uh a couple of the people mentioned about in the community meeting we had there was supposed to be a lawsuit in place, and I talked to a couple a few people about that, and that turned out that that wasn't actually initiated yet, uh, like it was sold to us.

Uh so another foot in the door technique that we're we're concerned about.

Uh, the other issue that I wanted to just to touch base on briefly, I made a note here real quick.

Um, if the proposed zoning change is limited to not having a bar, not having some uh other businesses that we can reasonably expect to create quite a bit of noise disturbance.

I don't see this as a big deal.

But my concern is we keep asking for new zone changes, we keep asking for different changes in the proposals.

Um when is it gonna stop?

That's my biggest concern is that we're locked into what currently is.

Uh Todd and I talked to back and forth a little bit about this, and there was an amendment on uh what would be allowed and what would not be allowed in this uh the commercial properties.

I would very much like that to be set in stone, not to have to come back in front of you guys in a couple of months, year or so, with another proposed zone change because we now have um a club in the in there or a bar in there uh that's gonna reasonably expect it to disturb the neighborhood.

Um a lot of the families are you know either have young kids or are older adults.

Uh we gotta get to sleep.

We can't be having parties all in our neighborhood.

Um I don't know if that's their long-term plan.

I don't know if it's not the long-term plan.

Uh we just have a hard time trusting what is the long-term plan because it keeps changing.

The ball keeps or the end zone keeps moving down.

So thank you for your time.

Thank you, Mr.

Boron.

Anyone else?

Yes, sir.

Hank Golski, 4933, Hard Scrabble Way.

I pretty much echo what uh Wayne Gosnell said.

Uh I would just like you to think a couple other things.

If you live down where we do, and in that complex that's going to have 500 additional doors, if you go up that hill at two or three different times a day, and you want to go west off of 58th Street, you have no choice but to go up 58th Street to get to Cliff Drive, Rogers Avenue, whatever.

You can't go around.

Well, you could, but you're gonna waste several minutes trying to go around, you almost have to go all the way back to Greenwood Road.

It's you might want to spend some time talking to the chief of police for him to consider putting a substation down there because you are going to have accidents by people.

Because anybody wanting to come off of hard scrabble onto 58th Street, they're gonna play hell getting on to 58th Street.

All the traffic, the additional 500 doors that are coming out of the complex that's being built down there, add to the traffic that's already there for all of us who already live there.

To come off a hard scrabble way onto 58th Street, it's gonna be impossible.

And if somebody does get road rage and try to cut in, you got fender benders all over the place, guys.

Think about it.

Do some more planning before you put the final approval to it.

It's gonna be a mess, I promise.

Thank you.

Thank thank you for your comments.

Anyone else?

All right.

Uh well, at this time, I'll let the uh applicant address some of the concerns uh that have been raised this evening.

Good evening.

I'm Jackson Goodwin with Goodman Engineering.

Just wanted to start and say, you know, we previously got a PCD approved for this from the get-go, it's been phase one apartment or phase one duplexes, single-family, phase two apartments.

And here we are.

The density has not changed for what we're trying to do.

We're trying to do the exact same thing Mark has envisioned, but he has seen a great opportunity here.

He's trying to get some of the you know, Air Force training people, the foreign military sales in here in this community, and he really wants to make a walking community that gives them some of the amenities.

A lot of these people come in, they've had a few already move in from Finland, and from what I've been told, most of them have maybe one car at most, some of them don't even have a car yet.

And you know, Mark's gone out of his way, he's built sidewalks both sides of the street.

He wants this to just be a walking community and just some light commercial uses that you know these neighbors, even inside or outside of the high point development, can come and utilize.

And from the comments we've seen tonight from the neighbors, I don't think anyone is against adding this little bit of commercial space here, which is the main reason why we're here.

Regarding the traffic study, you know, Mark has gotten two different reports made.

He spent money with a third-party engineer.

The city then had another third-party engineering company review that study and agree with the findings.

So I think he's done his due diligence there.

And with this current proposal, we're actually gonna have less commercial space and less uh units overall than what the traffic study estimated.

So we're we're actually gonna be under the estimated numbers on that, and we're gonna get an updated uh letter from TEC, the engineering company, stating that as well.

And then just regarding the gas well, uh that Mark has been talking to the gas company, and he has hired offered small firm in town to you know take that on because they are outside of what we believe is the uh legal maximum for the noise that gas well can produce, and I believe as right now that has gone to the city prosecuting's office, and they are working on getting that resolved.

So I think there was some miscommunication between our team and the neighbors as far as where we were at in that process, but Mark has spent money on a sound study out there, he spent money on lawyers, and it is getting its due process.

And I think that covers most of uh what I wanted to touch on here, and I don't know if Trevor had something he wanted to add.

Trevor Harris, um, I'm a representative of the developer himself.

Um, one thing I just wanted to throw out there was the whole reason and kind of vision behind this development is for the foreign military sales program, which I do know that the city is backing one and is very supportive of.

Um the goal behind this development is to create a walkable community.

A lot of these foreign pilots, foreign personnel coming in.

Um, for instance, we moved our first group of Finland personnel in last week, moved 10 of them in.

They have two cars.

So they're constantly carpooling.

So the amount of traffic does go down from that.

But beyond that, we are trying to create this walkable community going back to the mixed-use space of putting some store stores as in like cafes, um, coffee shops to kind of cut down on them having to go back up to Rogers Avenue more or less because they don't have transportation to get there.

Um, but to cut it will also cut down on traffic with them having basic necessities on site.

Um and then as far as the gas well, um, we are pursuing legal action on the gas well.

Um I understand the neighbors' frustration, and it's just as big of a frustration to us because we have tenants down there.

So it's not necessarily appealing to them hearing the sound.

So we are pursuing legal action on that.

Um but at the end of the day, and I understand the neighbors' concerns with the traffic, but at the end of the day, we are trying to consolidate traffic by making it a walkable community, throw in some necessities such as coffee shops, cafes, um, just a little store where somebody can go get a roll of paper towels or some toothpaste rather than having to drive up 58th back to Rogers Avenue and go to Walmart.

Um that's pretty much all I have.

I just wanted to throw that out there that we're we are trying to create this walkable community to eliminate one, they don't have transportation to cut down on traffic.

Very good, thank you, Mr.

Harris.

All right, why don't we do this?

Why don't we uh ask I'm gonna ask for a motion just to get us on the floor for further discussion about the commissioners on item two, the master land use plan amendment.

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

Second.

All right.

Any further comments or questions about the commissioners currently I mean, so we have confirmation that a second traffic study was done, taken in consideration that they were gonna rezone from a residential to a mixed use, and the traffic study found that it was not going to adversely affect the area.

That's I mean, yeah, to staff, I guess.

So the second traffic study, it they the level of service did decline, however, they're able to mitigate it.

The first traffic study did not, there was no mitigation, the traffic didn't warrant a mitigation effort.

This they are able to mitigate it to level of service C, which is acceptable.

Okay.

What do you mean by that?

That they'll always stop that they're installing.

So they are by providing that stop sign at Boston.

Once the traffic warrants it, yes.

They won't do it until the traffic is warranted.

But yes, that will take this traffic back to a level of service C.

Have they looked at moving the stop sign to hard scrabble instead of Boston?

I don't know if that would help or hurt, but the recommendation came from the traffic engineering consultants from Fayetteville, and this is I mean, they're an engineering firm that does nothing but traffic analysis.

So I didn't, I mean, we and then of course it was reviewed independently by half and accepted by our engineering department.

Three different engineering firms?

Well, two engineering firms.

And our city engineering department.

Yes, ma'am.

I think as long as the fire department, City of Fort Smith is uh is acceptable to what this plan looks like, and it hasn't changed from the old plan that's already been submitted.

I mean, that we've already reviewed this, I think, kind of as Mr.

Goodwin was saying is it's just a change in in some of their PCD plans and what they're gonna be putting there.

So I think we've already changed.

I think we've already had this street plan, so to speak.

I think we've already had this approved.

Um I believe we have, at least this planning commission has.

Um I think it's it's doable to approve this item here tonight.

But going to uh mixed use, so some of the permitted use or some of the non-permitted uses, uh, Tyler, I don't remember if you had mentioned that or not, but obviously nightclubs, what else is not permitted?

Yes, so the mixed use does not permit nightclubs or bars or those type things.

Matter of fact, that land use chart, uh it's it's within the PCD, and I don't have it uh the pages number, but it is in that packet, but it does include things uh such as professional offices, restaurants, uh barber shop, uh convenience store, no gasoline sales, so you might be able to buy a toilet paper or two pace, um fitness club, those type things right there.

But no, a bar or a nightclub is not permitted in the land use charge.

Okay, um I'd also like to I'll I'll describe as a creep effect.

You know, there was some talk about you know, they're getting another bites of that.

Well, you know, we can't prevent that as a planning commission.

I'm not saying and I'm not implying that's what the applicants are trying to do by any stretch and imagination, but certainly uh that's just part of the process that they could come back again if they so chose to.

Yeah.

So um in regard with the with this well, is that kind of a side issue that's really not part of this discussion really?

That's correct.

That's correct.

It's really not.

However, they the well is in violation of the noise ordinance, and the police department did do a decibel study, and it has been turned over to city prosecutor Colton Pace, and he will be pursuing.

He's gonna first try to talk to the the company that owns the well to see if they can't remedy the issue, and if not, they'll he'll issue a citation and pursue further.

Is this a new well?

It is not that well's been there for ever.

It's gone.

Okay, all right.

Uh yes, Kelly.

I would I would like to clarify um a question for Tyler.

So phase two of this area, area B.

Did it is anything changing in the density with that area?

Uh the majority of phase one A and phase B.

Part of that's uh came through preliminary and final plating that the planning commission has approved, but that second where you see one B on the screen right now.

No, no, I'm not talking about that.

I'm sorry.

She's talking about the 13 acres.

Yes, yes, the one thing that's changing.

The land uses are the same as the original PCD, single family, multi-flaming, all that was permitted in the original PCD.

The one change in in character area B is that it does not require street frontage, so they can use access drives instead of a true building a road through there, and so they could plat that, like plat maybe townhouses up there in the area that uh where you see phase three uh to be able to plat those off and not have actual right-of-way frontage.

Okay, excuse me.

Yes, ma'am.

Come on up, come on up, please.

Yes, ma'am.

I just realized that this is not the same plat that's supposed to be the original approved plat.

This this is not the original approved.

This isn't a plat.

This is a concept plan.

Okay, this is not the same plan that we were shown originally.

Phase B, those that's not how it was originally.

You had the uh three, six, and nine little units together up against 540.

Those were you have your duplexes built now?

You originally said those were treetop homes.

The A, you we had A's and Bs, and so your developers already messed the plat by building the duplexes where you said the treetops were going to be.

But that phase one B is not what we saw originally.

I just want you all to look back at the original approved plates.

Uh just to clarify, the plat did come through final plating.

The plat never distinct the plat, not the zoning, the plates do not distinguish any plat.

And some of you who have done plates do not distinguish the difference between single family home or duplexes.

Please know that this entire 46-acre tract allows single family duplexes.

That PZD was approved without a development plan.

Uh, but the plat comes at a later time, as you all know.

Exactly.

But we we were complained about that originally, and we were promised so many duplexes and so many single home treetops.

That's just all I'm saying that that has changed without the residents being towed.

That's not the same plat.

Just saying.

Or development design, sorry.

All right, thank you.

Um other comments or questions regarding the uh other exits out.

I think there was a comment on that.

That's private property, correct?

Same uh the the there was talk about maybe another access out uh up top of the hill, which again that's not for our consideration here.

Um anyway, um at this point I I believe we're ready for a vote on item two, unless there's any other further comments or questions.

All right.

That being said, I'll ask for a roll call vote on item number two, the master land use plan amendment.

Brett Taylor Um Four.

Kelly Wilson, four, Rod Coleman.

Four, Matt Marshall, four, Vicky Newton, four, Griffin Hannah?

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Eight in favor, zero opposed.

Okay.

Well, uh now move to the rezoning application companion application.

Um I'm gonna ask for a uh motion to get this on the floor, please.

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

Second.

All right.

Um is there any other further comments or questions by the commissioners or those in the audience this evening?

If not, uh I'll ask for a roll call vote on item three, the rezoning.

I think we'll need a motion first.

Here we have we got a motion second.

Uh Kelly Wilson for Rod Coleman.

Four.

Pat Marshall, four.

Vicky Newton, four.

Griffin Hannah.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Eight in favor, zero opposed.

Okay, uh at this time I'm gonna recess the planning commission and convene the board if it's only adjustment.

Uh we have a variance at uh Houston Street.

Um and then there's also some companion items development plan as well.

Thank you, Chairman.

This is variance 5226, a request by Ron Brixy, agent for Cox Investment Properties LLC for a variance request from 30 feet to 15 feet side yard setback in a residential multifamily medium zone at 9200 Houston Street.

Approval the request allows for the northeast side of the development.

I'm gonna go ahead and go there.

There we go.

Uh sorry about that.

The northeast side of the development to encroach 15 foot into the side yard setback as opposed to the required enhanced 30-foot setback for multifamily development, which consists of 11 duplexes and two single family residences.

The applicant stated in their hardship for the variance that the existing zoning requires enhanced setbacks along the northern portion of the property line due to adjacent single family development.

However, the applicant also says with this that setback in conjunction with the 50-foot wide sanitary sewer line easement within the middle of the property crossing right through the center, severely narrows a sizable portion of the property for development by reducing the area uh to be developed by 29%.

The applicant further states there are several other easements throughout the site, including a 20 foot sorry, including a 20-foot sewer easement located at the northern portion of and a 15-foot uh utility usement on the southern portion, limiting the overall buildable area.

A neighborhood meeting was held.

Uh actually two neighborhood meetings were held, one on Thursday, February 5th at the Dallas Street uh library, and another during the snowstorm.

No neighboring property owners attended the meeting.

However, the applicant did receive one phone call from Aaron Newman regarding Lodge 2223 East Lin edition requesting an eight-foot privacy fence.

We also received the same email today that should be at your place settings uh requesting an eight-foot privacy fence.

Again, the applicant is requesting uh variants from the increased setback requirements from the Northeast property line, and as you can see there adjacent on top of the screen right here uh to 91011.

So that's where the variance is being requested from uh from the Fuller estate subdivision.

The planning commission did approve a development plan and variance request for the 15-foot side yard setback at July 12th, 2022 planning commission meeting, subject to the approved multifamily development plan at that time, which consisted of 20 dwelling units.

The applicant has redesigned this plan uh multifamily unit to uh development to include 11 duplexes and two single family houses.

Staff does recommend approval of this request with the following comments.

Construction must comply with submit development plans.

Any changes rarer than that, then described in section 27 3307, the UDO must be approved by the planning commission.

Approval of the companion development plan application, which I'm about to dive into, and then all construction must comply with the MCAOD and the sounds transmission class ratings uh for residential construction.

Development plan number 226.

Again, this will be approval for a multifamily development.

It will have 11 duplexes into single family home.

Uh the storm drainage shall comply with the 2011 storm drainage standards, but it also has a detention pond there shown on the site plan to comment out date that no new right-of-way line uh no new right-of-way dedication was required.

Uh the landscaping currently complies with the UDM as six-foot privacy defense has been provided on the site plan adjacent to single family development uh in accordance with the UDM.

The duplexes will be approximately 16 feet in height and 1,600 uh square feet, 1550 to 1650 uh square feet for type A's and type B's uh duplexes, and those two single family homes uh are shown to be uh approximately 730 square feet.

Uh already described the the variance request to you, so I won't go in that again, but staff does recommend approval of the development plan application with those same uh uh comments or conditions as the variants compliance with MCAOD development must apply the development uh development plan changes, cannot be greater than 273307 of the EDO and uh approval of that companion variance request.

Thank you.

All right, thank you, Tyler.

Uh there are those here in favor of this application this evening.

Please raise your hands.

The applicant here.

Uh anyone opposed.

All right.

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

Motion to approve of the addition of staff comments.

Second.

What is the issue with the uh the fence?

Uh is that feasible or something that could be accommodated?

They have a six foot, they have a six-foot fence marked on the plans.

They're requesting an eight-foot, I think six foot is what is normal.

A six-foot is required.

You can certainly we could ask if they're amenable to uh installing an eight-foot fence, or you could certainly require an eight-foot fence to be installed.

I think the concern is only for these two lots that are on Eastland Circle lot 21 and 22.

That yes here, you can't do that.

Yes, yes, sir, yes, sir.

I was just gonna add to that.

My name's Chad Cox, Cox Investment Properties.

Um basically what you're saying, it's uh it's required on a commercial development to have a uh six-foot privacy fence up against a single family home.

Um looking at the uh elevation and whatnot.

I think you're only gonna gain or take away a little bit of roof line.

I don't know what it would accommodate or or what it would accomplish going an extra two foot on the fencing.

Um, but either way, I don't think it's a killer, but I don't see why it would be necessary either way.

Can someone please explain the variance needed because there's a sewer easement?

And I'm thinking is that what we're talking about on the north side of the property?

Sorry about that.

I'm gonna just get on in here.

So we're supposed to have a 30-foot setback, and we want to reduce it by 15.

So, yes, the so right here on lots uh 91011.

Those are the only lots that require these others are developed as duplexes or undeveloped or multi-family.

This is the only spot that he is requested to a 15-foot building setback line versus 30 foot.

The code requires an enhanced 30-foot setback uh for multi-family development.

This is considered multi-family because they're all just one large lot.

What the applicant addressed is if you can see, and this is a very busy plan.

You got easements down the side over here on the side, but more importantly, right here, and again it's hard to see, but there's a 50-foot sand hairy sewer reason that he says doesn't allow them.

Now they can put parking in there, but it didn't allow any other type of development.

So that's that's what he was stating is that it has tons of easements through the property, and that's why he requested release that was his hardship.

That is an unusually uh large amount of easements on the property.

Okay.

All right, any other further comments or questions?

All right, but we have a motion, a second on the floor.

Item number four for variants.

Uh asked for a vote.

Rod Coleman?

Four.

Matt Marshall.

Four.

Vicky Newton.

Four.

Griffin Hannah.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson, four.

Eight in favor, zero opposed.

All right, I'll uh recess the board of zoning adjustment and convene the planning commission to consider item number five, the development plan as for a motion to get that on the floor, please.

Motion to approve the stuff comments.

Second.

Any further comment or questions?

Not uh ask for a vote on number five development plan.

Matt Marshall.

Four.

Vicky Newton, four.

Griffin Hannah.

Four.

David Tyler.

Four.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson.

Four.

Ron Coleman.

Four.

Eight in favor, zero opposed.

All right, very good.

I'll uh recess the planning commission convene the board of zone adjustment.

We have three items at Mahogany Avenue, variance rezoning and development plan as city to present.

Thank you.

Variant 6226, a request by Jeremy Davies, agent for Brushy Mountain properties from the required street access of a residential collector or higher to a local road in a proposed transitional zone at 7208 Mahogany Avenue.

Approval of the variants facilitates a zoning to transitional, resulting in the existing 3,739 square foot building to be utilized as a consulting services business that specializes in international student documentation services for foreign exchange students.

The subject properties on the west side of Mahogany Avenue, south of Tuscany Street.

The track contains an area of uh 0.66 acres with approximately 150 feet of uh street frontage along uh Mahogany Avenue.

Um for the hardship, the applicant states that the strict enforcement of the zoning code uh would not allow for the property to be zoned for any uh professional office uh use uh with Mahogany Avenue providing the only access to the site.

Um there was a neighborhood uh meeting, uh neighborhood meeting for the variance rezoning and the development plan was held on the January 29th at 5 30 p.m.

on site.

Uh no neighboring property owners were in attendance.

Um the staff uh the applicant intends to utilize the existing uh 3,739 square foot building as a consulting services build uh business that specializes in international documentation services uh foreign exchange students.

The transitional zoning district allows professional offices and consulting services land use by right, uh, but requires access to the residential collector or higher road classification.

Approval of the variants will facilitate the zone change, allowing the building to be utilized for the consulting services.

Uh staff recommends approval contingent on the following.

Uh 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 27307 of the UDO.

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

And uh the uh property must be platted prior to the issuance of a uh building permit.

Uh moving on to the rezoning, uh rezoning 3226, a request by Jeremy Davies agent for Brushy Mountain properties for a zoning request from the not zoned to transitional at 2708 uh Mahogany Avenue.

Um approval of the zoning request will allow for the existing building to be utilized as a consulting services business that specializes in international student documentation services for foreign exchange students.

Uh the proposed transitional zoning is appropriate appropriate zoning district for the consulting business.

Uh staff recommends approval contingent on the following.

Uh the construction must comply with a submitted development plan.

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

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

Um approval of the companion variants and development plan requests, and also the property must be platted prior to the issuance of the building permit.

And then uh followed up by the development plan review.

Uh development plan 3226, a uh request by Jeremy Davies, agent for Brushy Mountain properties for the consulting services business and a proposed transitional zone at 7208 Mahogany Avenue.

Approval of the development plan will allow the existing uh building to be utilized as a consulting service uh business that specializes in international students documentation services for foreign exchange students.

Some of the site design features for this.

Uh the site will uh continue to utilize the two existing driveways located on Mahogany Road to facilitate a one-way drive as shown on the site plan.

Uh the driveway will be widened to uh 12 foot where needed and uh driveway aprons installed in compliance with the uh Fort Smith uh engineering department standards.

Additionally, a driveway access agreement and maintenance plan will be completed for the northern ingress drive as its location falls on both subject property and the neighboring property to the north.

Also the parking uh the site currently has nine existing parking spaces, uh, and that does comply with UDO parking requirements.

Uh staff recommends approval continued contingent on the following.

Uh construction must comply with the submitted development plan.

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

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

Um approval of the companion zoning and request uh variance requests and uh the property must be platted prior to the issuance of a building permit.

Uh staff recommends approval continued contingent on the following uh construction must comply with the submitted development plan changes or uh amendments to the submitted development plan are permitted but limited those described as section 27 3307 of the UDO any changes greater than those described in this section will require planning commission approval um uh approval of the companion zoning and request uh variance requests and uh the property must be platted prior to the issuance of a building permit and that concludes my report thank you very much cannon um any of the applicants here I believe and uh don't see any opposition uh I'll ask for a motion for item six the variants to get it on the floor make a motion to approve with staff comments second all right it just remind me again so if we change the zoning I know I'm jumping ahead here but is it forever transitional at that point in perpetuity okay unless an application comes back and requests it okay another zone change okay all right all right um I'll ask for no other comments I'll ask for a vote on uh item six bearings Vicky Newton four griff and Hannah four David Tyler four Sean McCaffrey four Brett Taylor Kelly Wilson four rod coleman four matt marshall four eight in favor zero opposed chaos recess board of zoning adjustment convene the planning commission for the last two items I'll ask for a motion on the rezoning item seven motion to approve of the additional staff second comments not I'll ask for a vote on item seven rezoning driff and Hannah four David Tyler for Sean McAffrey four Brett Taylor four Kelly Wilson for Rod Coleman four Matt Marshall four Vicky Newton four eight in favor zero opposed right and the last times development plan asked for a motion for that please motion to approve with staff comments a second right there's no other comments I'll ask for a vote on development plan David Tyler for Sean McCaffrey four Rhett Taylor four Kelly Wilson four rod Coleman four Matt Marshall four biggie newton four griffin Hannah four eight in favor zero opposed with that will adjourn the meeting for this evening thank you very much