Fort Smith Planning Commission and Board of Zoning Adjustment Meeting - April 14, 2026

The meeting was called to order with seven commissioners initially present (later nine for votes). Commissioner Matt Marshall was recognized for his last meeting after seven years of service. The Planning Commission and Board of Zoning Adjustment reviewed plats, temporary use permits, conditional uses, variances, and development plans. All items were approved, with some dissenting votes on variance requests.

Consent Calendar

• Approval of Minutes from the March 10, 2026 meeting.
• Preliminary and Final Plat at Piana Hills (Item #1): Approved unanimously with 8 in favor, 0 opposed.

Temporary Use Permit – School of the Arts (Item #2)

• Request: Extension of a temporary use permit for four 12' x 56' modular buildings at 1101 Riverfront Drive until August 1, 2027. Dr. Rosalie Russell, agent for the Community School of the Arts, explained the buildings provide classroom, dance, and theater space while fundraising continues for a $4.5–$5 million build-out of the unfinished portion of the main facility.
• Staff Recommendation: Approval, noting the current permit expires in August 2025 and a three-year total duration is typical for school projects.
• Vote: 8 in favor, 0 opposed.

Conditional Use – Convenience Store with Gas (Item #3)

• Request: A 3,617 sq ft two-story convenience store with gasoline sales at 3825 Jenny Lynn Road (northeast corner of Jenny Lynn Road and Jackson Street). Dylan Bentley (Hope Consulting) represented the applicant. The proposed development includes seven parking spaces, two driveways (one on each street), and widened sidewalks per the Master Street Plan. A neighborhood meeting was held March 25, 2026; one neighboring property owner attended in support but expressed concern about lot coverage, which staff confirmed complies with code.
• Staff Recommendation: Approval with conditions including replatting, monument signs only, shielded lighting, and a photometric plan.
• Discussion: Commissioners asked about food service, parking for mezzanine seating, and truck access. Bentley stated no laundry mat (original plan dropped), limited food service (hot dogs, etc.), and truck turning radii will be addressed at the development plan stage.
• Vote: 9 in favor, 0 opposed.

Variances – Convenience Store (Item #4)

• Request: Seven variances from C2 zoning standards, including setbacks (from 30' to 11' rear, 30' to 22' side), perimeter landscaping buffer width (10' to 4'), and driveway separation distances (e.g., from 140' to 110' on Jackson Street, 150' to 110' on Jenny Lynn Road). The variances are necessitated by required 25' right-of-way dedication on Jenny Lynn Road and 5' on Jackson Street.
• Staff Recommendation: Approval with same conditions as the conditional use.
• Discussion: Commissioner Kelly Wilson opposed, stating the project had too many variances and seemed too large for the lot in a residential neighborhood. Other commissioners noted the right-of-way dedication significantly reduces buildable area, justifying the variances.
• Vote: 8 in favor, 1 opposed (Wilson).

Variances – Duplexes (Item #5)

• Request: Reduce minimum lot size from 6,500 sq ft to 5,000 sq ft for two lots at 4720 North 32nd Street (Units A & B) and from 6,500 sq ft (transcript states "45 from 60500" likely garbled) to 4,500 sq ft for 3210 Willow Street (Units A & B) in an RM-3 zone. The applicant (Brett Taylor, agent for Time and Properties LLC) stated without the variance, the buildable area would be too small for functional units given setbacks. A neighborhood meeting on April 2, 2026 had one attendee in support; staff received two emails (one support, one opposition).
• Staff Recommendation: Approval with conditions including replatting into two lots, obtaining a private sewer easement for the west lot, and compliance with parking requirements.
• Discussion: Clarified that the sewer easement crosses within the same property (not requiring neighbor approval) and must be recorded during platting.
• Vote: 7 in favor, 2 opposed (Kelly Wilson and one other, based on roll call).

Development Plan – Duplexes (Item #6)

• Request: Approval of a development plan for two duplexes: 1,520 sq ft at 4720 North 32nd Street and 1,350 sq ft at 3210 Willow Street, with 100% brick veneer, eight total parking spaces (two per unit), and no required perimeter landscaping.
• Staff Recommendation: Approval with conditions identical to the variance.
• Vote: 7 in favor, 2 opposed (same as variance).

Key Outcomes

• All items on the agenda were approved.
• Vote tallies: Consent Calendar (8-0), Temporary Use Permit (8-0), Conditional Use (9-0), Variances for convenience store (8-1), Variances for duplexes (7-2), Development plan for duplexes (7-2).
• Conditions imposed: replatting or platting prior to building permits, compliance with submitted development plans, monument signs only, shielded lighting with photometric plan (for convenience store), and private sewer easement (for duplexes).