All right, uh good evening, everyone, and welcome to the April 14, 2026 Planning Commission and Board of Zoning Adjustment Meeting.

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

Rhett Taylor.

Vicky Newton.

Zach Ledford.

Rod Coleman.

Kelly Wilson here.

David Tyler.

Matt Marshall.

Sean McCaffrey.

Here.

We have seven commissioners present.

Right.

Uh we have uh several housekeeping items.

The the first of which I want to recognize Commissioner Marshall on his last meeting tonight is seven years of service.

Uh if the commissioners have an opportunity to review the minutes in the March tenth, twenty twenty-six meeting, and if so, I'd ask for a motion to approve.

All those in favor?

Right.

Uh any opposed.

This evening the planning commission will be reviewing the following items Platz, temporary use permits, conditional use permits, and development plan requests.

The Planning Commission's action this evening on Platz, temporary use permits, conditional use requests, and development plan requests 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.

Item number one, uh, which is a preliminary plat at Piana Hills, and also a fine final plat at Piana Hills.

Um is there any comments or questions regarding those items?

If not, I'll ask for a motion to approve on the consent agenda items.

Do we need to review them at all?

Okay.

Yeah.

Motion to approve is written.

I'll ask for a roll call vote on on item number one.

Sean McCaffrey.

Four.

Brett Taylor.

Four.

Kelly Wilson, four.

Rod Coleman.

Four.

Matt Marshall.

Vicky Newton.

Griffin Hannah.

Four.

Zach Ludford.

David Tyler.

Eight in favor, zero opposed.

All right.

We'll now move to the uh temporary use permit at 1101 Riverfront Drive for the School of Arts and I City to present.

Thank you, Chairman.

Temporary use permit 2426 is a request by Dr.

Rosalie Russell, agent for community school of the arts for an extension of the temporary use for four 12 foot by 56 foot temporary buildings in a planned zoning district at 1101 Riverfront Drive.

Approval of the temporary use permit will allow a time extension for the four previously approved 12 foot by 56 foot temporary buildings and a PCD.

The buildings are composed of are composed of a unisex bathrooms, small offices, and classroom space.

The subject property is west of Riverfront Drive and north of the Marshalls Museum.

The track contains an area of 10.30 acres with 607 feet of street furniture along Riverfront Drive.

The temporary buildings, the classroom space for the buildings, comply with the PCD setbacks as shown on the site plan.

And the four one-story temporary buildings have an approximate height of 13 foot and a combined total of 2,688 square feet.

Facade materials consist of metal wall panels.

Section 273271 of the UDO allows the director to grant a special temporary use permit, non retail for religious revivals, temporary recreational facilities, temporary medical facilities, temporary classroom facilities for public or private institutions, and similar uses that do not involve retail or food and beverage sales activities.

This is provided that the uses shall comply with parking signs, sanitation requirements, etc.

for shall not constitute a nuisance for the adjacent property neighboring and nearby properties.

The temporary use permit uh shall be granted for a period not to exceed 60 days and are renewable for 60 day periods thereafter.

Permits for periods in excess of 120 days, one initial period plus one renewal permit must be reviewed and approved by the planning commission.

The applicant is requesting an extension from the initial temporary use approval granted in February of 2024.

The original approval request was approved from August 24 to August of 25.

The applicant is now requesting an extension to utilize the temporary structures until August of 27, resulting in a total duration of three years.

Should the Planning Commission approve the request for the temporary buildings, staff recommends approval shall end on August 1st of 2027.

Thank you.

Thank you, Victoria.

Right.

I know we have the applicant here tonight.

Dr.

Russell, uh she certainly answer any questions, but uh I'll ask for a motion uh to get this on the floor.

Any comments or questions for Dr.

Russell or is there anyone in the audience who is a posed or here to speak for this application other than Dr.

Russell?

Yes, so if this is approved tonight, it would end on August uh 1st, 2027, which is three years.

Now uh during the study session, I I pulled some other previous schools, and two and three years is pretty typical uh for a lot of different school projects, but that's about where you're looking at for those.

Yeah.

Come on up, Dr.

Russell.

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

Uh Dr.

Rosalie Russell, uh my home address or 1101 Riverfront Drive.

Yes, that's our that's our property.

Uh 1101 Riverfront Drive.

Those spaces are used for classrooms, um, dance studios, uh theater rehearsals.

It's for student use.

Um there's uh an image, if we turn to a uh there.

The left side of the facility, the left of the main entrance.

That's the piece of the facility.

It's about a five million, four and a half million dollar um portion of the facility that's not finished out.

It's has to have all of the remaining you know, walls and all of that finished in it.

And so this temporary space so we can house students that we can't house on that other side.

Uh yeah.

We're trying.

Um five million dollars is not an easy amount to raise.

We're working on it.

That's all I can say.

Uh once we have that funding, and we've got it in stages, so we could we could finish part of it for a million, we could finish another part of it for two million, and we could finish all of it for about four, four and a half million.

Uh depending on how much we finish at one time, it's a six to nine month build-out once all of the subs are in place.

So I'm we're working on it as fast as possible because when we have to dance over there in the modular side, the dance studios are on the other side, and so is the theater.

So it's very temporary, but it will it will do.

Yeah, thank you.

It's a good project.

Uh we're actually still short a little space.

We're right now just asking for approval of what we currently have on those modulars, but we're still short space.

Is there any requirement under the code or uh to show progress from the initial application to this application?

There is uh not on the temporary use permits, no.

Uh the building permits they currently have have pulled.

They do have to show progress on those uh every so often, and the building official follows up on those.

Right.

Any other comments or questions for Dr.

Russell?

Not I will ask for a vote then.

Rhett Taylor.

Four.

Kelly Wilson for Rod Coleman.

Four.

Matt Marshall.

Peggy Newton.

Griffin Hannah.

Zach Ludford?

David Tyler?

Sean McCaffrey.

Four.

Eight in favor, zero opposed.

Right.

Our uh next two items are a conditional use and a variance at uh 3825 Jenny Lynn Road.

Thank you, Commissioner.

Uh conditional use 4426, a request by Hope Consulting Agent for 3875 Ginny Lind LLC for a convenience store with gasoline cells and a commercial light C2 zone at 3825 uh Jenny Lynn Road.

Approval of the conditional use uh and companion variances will facilitate construction of a 3,617 square foot two-story convenience store with gas gasoline cells.

Uh the subject property is on the northeast corner of Ginny Lynn Road and Jackson Street.

Uh the track contains an area of uh.4 acres with approximately 175 feet uh of frontage along Jenny Lynn Road and approximately 123 feet along uh Jackson Street.

Uh the redevelopment uh will have one driveway located on Ginny Lynn Road and a second driveway loaded uh located on Jackson Street.

Uh the applicant proposes to remove two uh existing driveways on the Jenny Lynn Road uh by creating a centered drive.

The development also proposes a relocate relocation of the driveway uh on Jackson Street, uh creating further separation from the intersection.

Perimeter landscaping and parking lot screening with irrigation uh as shown along both Jenny Lynn Road and Jackson Street.

The applicant has requested a variance from 10 feet to four feet minimum width of the perimeter landscaping buffer.

Uh there will be seven uh new parking spaces which will comply uh with the UDO.

Uh the exterior facade is comprised of 62 percent uh high quality materials consisting of brick, stone, and glass.

Uh there was a neighborhood meeting was held on on site uh March 25th at 6 p.m.

for both the conditional use and variance requests.

Uh one neighboring property owner attended the meeting in support of the uh request, but had concern regarding the maximum lot coverage.

Uh staff explained that the proposed development complies with the maximum lot coverage for the uh commercial light C2 zone.

Uh I'm gonna read the staff comments for both the uh the CU and the variants.

Uh the staff app the uh applicant is proposing a new 3,617 square foot two-story uh convenience store with gasoline cells.

The uh proposed development requires variances from the required setbacks, uh perimeter landscaping width and driveway separations due to the required 25-foot uh right-away dedication on Ginny Lynn Road and uh five foot of uh right-of-way uh dedication on Jackson Street.

Uh approval of the conditional use and uh companion variances accommodates the development.

The uh staff recommendations, uh staff recommends approval with the following comments.

Uh the property must be replatted prior to obtaining the building permit.

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 27 3307 of the UDO.

Any changes greater than those described in this section will require Planning Commission approval.

Uh all free standing signs uh shall be uh limited to monument signs, uh and all site lighting shall be completely shielded to comply with UDO section 27602 uh-5.

A photometrics uh plan must be submitted, confirm the uh the elimination from light fixtures uh shall not exceed 0.1 foot candles and vertical plane on residentially zoned uh properties.

Moving on to the uh variants, uh variants uh 7426, a request by Hope Consulting Agent uh for 3875 uh Ginny Lind LLC for the following variance request in a commercial light C2 zone at 3825 Ginny Lind Road.

Uh from 10 feet to 4 feet, uh minimum width of the perimeter landscaping buffer, uh from 30 to 11 feet rear yard setback, from 30 to 22 interior side yard setback, uh from 140 to 11 feet, uh 110 feet minimum separation between the driveway uh and street intersection on Jackson Street, uh from 100 to 10 feet minimum separation between adjacent driveways on Jackson Street from 150 to 110 feet minimum separation between adjacent driveways on Ginnyland Road, and uh from 120 to 83 minimum separation between the driveways and street intersections on uh Jenny Lynn Road.

So a lot of these variances are for uh the uh additionally they uh initially they had uh four driveways, and now they're uh uh condensing that down into two driveways, which will it'll make things better, but uh but the variances will be required in order for them to fit those on there.

Uh the applicant states that the existing convenience store requires improvements and redevelopment without the proposed variance.

The applicant uh believes that the property cannot be improved to accommodate a new convenience store with gasoline sales uh due to the required increased setbacks, right-of-way dedication, and driveway separation standards.

Uh uh staff recommends approval with the following comments.

The property must be replatted prior to obtaining a building permit.

Uh construction must comply with the submitted development plan.

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

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

Uh all free standing signs must be limited to the monument signs, and all site lighting shall be completely shielded to uh comply with UDO section 276025.

A photometrics uh plan must be submitted confirming the illumination from light fixtures shall not exceed 0.1 foot candles in a vertical plane on residentially zone property.

That completes uh my reports.

All right, thank you, Mr.

Kalen.

Um are there those here in favor of this application tonight?

The applicant here.

You don't have to get just any anybody opposed, any anybody opposed to the application.

All right, we'll take the uh conditional use first.

I'd ask for a motion to get that on the floor, please.

All right.

Any comments or questions from the commissioners.

It is, they are building a new sidewalk as well.

I'm a little confused on the site layout, and I don't know if it's now the time to talk about it or not.

I don't have a problem with the travel, the gas station going here, but it looks like you're widening the street a bit on the site plan.

Is that on purpose?

You can uh state your name and record, uh name and address for the record.

My name is Dylan Bentley with Hope Consulting.

I'm up in Fayetteville at 70 North College Avenue.

Uh yes, per the Master Street plan, we have to improve the road to be per the Master Street plan of the City of Fort Smith.

So there is a little bit of improvement that'll be there on Jenny Lynn Road and Jackson to meet uh what I'll call quote unquote half street improvements.

Okay.

Interesting.

And then the two-story aspect of it.

I I don't have a problem with it.

It seems like there's a lot of seating up in the mezzanine.

Uh are y'all cooking food here?

Is it like what's all the seating for?

Yes, it's it's they want to have like somewhat of an area for people to come hang out and eat food.

There is seating down the bottom to accommodate ADA access.

And then, you know, originally when this came through, they were gonna do a convenience store on the bottom and a laundry mat on the top, but we talked them off that ledge uh with some of the concerns that would be going on with parking and other variances.

So this is you know more of what they are looking at as you know, a place for extra people to sit that isn't accommodating downstairs.

So no no food though?

Yes, they will be making food downstairs, kind of like uh what your your Maverick or uh come and goes are making.

Okay.

So there'll be like a little service, you know, window kiosk area, hot dog rollers of that sort.

Okay.

Is there enough parking on site for that goal?

Yes, it it does comply.

Um and that doesn't take into account for the uh gas canopy spots as well.

There's seven spots up front, and that's it.

Right.

That's correct, and it does comply with the UDO.

There's a lot more seating that's shown though.

Yeah, I'm counting upwards of 40 seats.

So it it it'll go off the retail use of the gas station being the primary use.

And if you all remember about three or four years ago, uh we amended a lot of the parking where it requires substantially less than what it did because we're getting seas of asphalt such as out at the mall and those type places.

It's just it just uh it something's not working right.

You know what I mean?

There's 40 seats in the building.

Certainly, yeah.

They're hoping that they will be uh a place where the community can have walkability to as well.

Oh, yeah, yeah.

Yeah, there are both.

It's kind of a mid block between two major streets, north and south, and then they see this dense neighborhood that's been here for a while as people being able to walk here.

Which is probably why the city's making them widen it.

Yeah.

Yes, sir.

Yeah, we worked with planning staff from our original proposal.

Yeah, it's been somewhat of a blight, I think, to this area.

Sure.

And uh, you know, I think this is gonna be a nice little facelift for this for this area.

There's there's no music contemplated, correct?

No, sir.

All right.

Mm-hmm.

I believe at one point.

If I remember correctly, at one point I seen a a rendering or a drawing on that, or that was asked as well about the not just the gas trucks, but maybe a large Pepsi truck.

Yeah, and we this is just conditional use.

This is our first step.

We'll be doing full development plans, and we'll be doing you know, uh truck turning races as well to make sure that everything's accommodating.

All tanks coming out of the ground that are existing.

Yes, sir.

All right.

Any other comments or questions?

If not, I'll ask for a vote then on the conditional use.

Sean McCaffrey?

Four.

Right, Taylor?

Four.

Kelly Wilson, four, Rod Coleman.

Matt Marshall, Vicky Newton, Griffin Hannah.

Zach Ledford?

David Tyler?

Nine in favor, zero opposed.

Right, I'll uh reassess the planning commission, convene the board if it's only adjustment to consider item for the variance accompanying this application uh and ask for a motion to get it on the floor.

Uh and as for a motion to get it on the floor.

Zach motion on the second.

All right.

Any other uh comments or questions for the applicant or ask for a vote.

I'm sorry, this this to me I'm I very forward development.

I think it might possibly be a nice building.

It just has too many variances for me, and it just seems too big for that lot in a neighborhood.

So that's all I just wanted to discuss and comment on.

A lot of variances.

I don't remember that.

They withdrew the table.

Okay.

We actually cut two of the variances out from our original design.

And that was uh one of the side yard setbacks and then the parking variants as well.

Yeah, but the purpose of a variance is to have a hardship, you know.

So and you're maybe like a funky shaped lot or utilities in place, but not just uh really sized building that needs the extra space on a lot.

Why?

Certainly with all the setbacks and the right-of-way dedication, you can see back is the setback.

That's pretty normal.

Certainly.

Uh I'm I'm just trying to point out the dedication of the right of way.

You can see the tiny little rectangle that would have to have a building fit in.

Right.

Right.

Okay.

Does the master street plan include widening of that road and what would happen if it did with all of would that change the view of long-term view of of this development?

Yeah, in and that's how come, yes, the master street plan does call for that, and they are dedicating 25 foot off Jenny Lynn and 5 foot off of Jackson Street, and then 25 foot off that the corner radius there.

So, you know, there's where you're getting where they've asked instead of a setback variance, maybe narrowing the landscaping strip uh for that variance right there.

So are we considering then or is the planning department considering that future development when this application is brought?

Oh, most certainly.

It's it's relatory engineering department, everybody to look at.

And uh again, it still complies with the setback even with the the right-of-way dedication.

That's correct, and sidewalks.

Correct.

All right, uh any other comments or questions on the variance items for not all ask for a vote on item four.

Sean McCaffrey.

Four.

Rhett Taylor.

Kelly Wilson against Rod Coleman?

Matt Marshall?

Vicky Newton?

Griffin Hannah?

Four.

Zach Ledford?

David Tyler?

Eight in favor, one opposed.

All right.

Uh we'll move on to the uh last two items, a variance request and development plan at uh 4720 North 32nd Street Variance request 8426 is a request by Brett Taylor, agent for Time and Properties LLC for the following variance request in a residential multifamily medium density RM3 zone at 4720 North 32nd Street, units A and B and 3210 Willow Street units A and B.

From 6500 square feet to 5,000 square feet minimum lot size at 4720 North 32nd Street, units A and B from 45 from 60500 square feet to 4500 square feet, minimum lot size at 3210 Willow Street units A and B.

Approval of the variance request and companion development plan will facilitate the construction of two new duplexes on individual lots with reduced lot sizes.10 acres with approximately 134 feet of street frontage along Willow Street and 75 feet of street frontage along North 32nd.

The applicant states without the variance, the required um parking of four spaces per building, the usable building area for each unit would be reduced and too small for a unit to function.

In addition, the West unit has a 25-foot front yard setback and a 10-year 10-foot rear yard setback, rendering the buildable depth at only 28 feet.

A neighborhood meeting was held on Thursday, April 2nd, 2026 at 5:30 on site.

One neighboring property owner attended the meeting and was in support of the development.

Additionally, staff received two emails regarding the development, one in support and one in opposition.

Those emails were placed at your place settings tonight.

Staff comments and recommendations.

Should the BZA be inclined to approve the request, staff recommends the following conditions.

Construction must 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.

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

The property must be platted into two individual lots prior to the issuance of the building permit.

A private sewer easement for the west lot must be obtained during the plating process, and all parking must comply with section 1452 of the municipal code.

Development plan 4426 is the companion item to this variance and will allow the development of two duplexes on individual lots.

One new driveway will be located on Willow Street, and one new driveway will be located on North 32nd Street.

Permit or landscaping is not required for this development.

The site plan has two parking spaces per unit for a total of eight parking spaces and complies with the UDO.

The exterior facades will be comprised of 100 percent high quality materials utilizing brick veneer.

The proposed duplex at 4720 North 32nd Street will be 1,520 square feet, and the duplex at 3210 Willow Street will be 1,350 square feet.

Both duplexes will be approximately 16 feet in height.

Should the planning commission be a client inclined to approve the request, staff recommends the following conditions.

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 273307 of the UDO.

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

The property must be platted into two individual lots prior to the issuance of a building permit, a private sewer easement for the west lot must be obtained during the plating process, and all parking must comply with section 1452 of the municipal code.

And I'll stand for questions.

Any comments or questions?

On that property sewer easement, what is the status of that?

I mean, if we is are you along the lines of that?

I mean, is that as a requirement by the by the city to time that it is required, but you you might want to speak to that, but I can.

Sure.

So uh the sewer line being on the opposite side to actually provide service to the second duplex, they're gonna have to cross because they're gonna turn this into two lots, and they're gonna need their own private sewer line easement.

That way, if their sewer line ever fills, they can go on to the adjacent property, dig it up, fix it, that type stuff.

So if you're going to cross somebody else's property line, you have to have your own private sewer line easement.

It's not for the city, it's their service line.

But we want to make sure they obtain that during the platting process, or we won't file the plat.

And I was just curious.

So you are gonna have to get the neighbors approval for that, is that correct?

No, it's also on this property.

Oh, it is okay.

There's no other approval.

Okay, got it.

Any other comments, questions?

All right.

I'll ask for a roll call vote then on item five variants.

Sean McCaffrey?

Four.

Brett Taylor?

Four.

Kelly Wilson against.

Rod Coleman?

Four.

Matt Marshall?

Vicki Newton?

Four.

Griffin Hannah?

Zach Ludford?

David Tyler?

Four.

Seven in favor, two opposed.

All right, we'll reassess the Board of Zoning Adjustment, convene the planning commission to consider item six, the development plan.

I'll ask for a motion to get this on the floor.

Any further discussions or comments?

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

Sean McCaffrey?

Four.

Rett Taylor?

Four.

Kelly Wilson against.

Rod Coleman?

Four.

Matt Marshall?

Vicky Newton?

Griffin Hannah?

Zach Ledford?

David Tyler?

Seven in favor, two opposed.

And with that, we'll adjourn tonight's meeting.

Thank you very much.