1:24 Alright, uh good evening, everyone, and welcome to the May twelfth regular meeting 2026 of the Fort Smith Planning Commission and Board of Zoning Adjustment.
1:34 I'd ask everybody to please stand and recite the Pledge of Allegiance.
1:54 All right, I'll ask for a roll call of the Commissioners this evening, please.
2:02 Are managed doing it?
2:28 Alright, I would uh ask if the uh commissioners have an opportunity to review the minutes from the April 14, 2026 meeting, and if you have a acceptable ask for a motion to approve.
2:46 All right, I'll ask for uh staff comments and procedures for tonight's meeting.
2:50 Good evening, ladies and gentlemen, and welcome to the May twelfth, twenty twenty six planning commission meeting.
2:55 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.
3:04 This evening the planning commission will be reviewing the following items Platz, rezoning, master land use plan amendment, UDO amendments, and conditional use requests.
3:14 The planning commission's actions this evening of the on the PLATs and conditional use 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.
3:27 The master land use plan amendments, rezonings, and UDO amendments, if receiving approval of the planning commission with a required minimum of five yes votes, will be also be presented to the city board of directors for their review at their June 2nd meeting at 6 p.m., which is located in this building, one oh one North Second Street.
3:47 Appeals will be presented to the City Board of Directors at a future study session again, located here in the blue line.
3:53 The Board of Zoning Adjustment, which consists of members from the Planning Commission will also be reviewing zoning variance requests this evening.
3:59 The action of the Board of Zoning Adjustment will be final unless appealed to a court of jurisdiction.
4:05 All right, thank you, Maggie.
4:07 Uh before we begin, I'd like to uh officially welcome Mr.
4:09 Jackson Mendehall as our newest planning commission member.
4:16 And uh with that, we'll move forward with the uh first two items of preliminary plat and final plot at uh the Anna Hills.
4:25 Hi, Commissioners, good to see you.
4:27 Uh items one and two are uh a plat of currently platted property that uh comprises five and a quarter acres, and this is a fairly uh conventional uh action that has taken place since the uh abandonment of Fiona Hills, but this one has a little bit of a twist.
4:53 Uh Tyler, could we see the colored there we go?
4:57 And so um today on this property there are four parcels of land, and when this plat is finalized, there will be three parcels of land.
4:59 So walking us through the stage uh stages of this.
5:13 Uh what you see in yellow and the dark green rectangle adjacent to the yellow is presently a lot, uh 1261 of Fianna Hills.
5:25 Well, that lot, portions of that lot will be conveyed to the two adjacent properties, uh lot 488A and lot 487A on the corner, and then the uh dark green portion will be reserved for future development, likely to be either an access drive or possibly even public right-of-way to serve the light green portion, which is not going to be in the near time in the near future uh developed, but is reserved for future development.
5:56 But the action that is at hand that this plat will make possible is the conveyance of those two yellow triangles to the adjacent properties.
6:06 Um this is at the corner of Bramble Bray and Wellington Way and Fianna Hills.
6:12 Uh five and a quarter acres, as I said.
6:15 Um this is property that is currently uh zoned RS2, and all of the proposed subdivisions that we're looking at as a component of this plat uh fall within the area and bulk regulations of our UDO.
6:30 And if you have questions, I'm glad to answer them.
6:34 Um is there anyone here to speak in favor of this application this evening?
6:40 Yeah, is there anyone in opposition this evening?
6:47 Uh any comments or questions.
6:50 Well, I'll tell you what, I'll just go ahead and ask for a motion to get this on the floor.
6:54 For we'll start with item number one, the preliminary plat.
6:57 Motion to approve of the additional staff comments.
7:00 Any comments or questions by the commissioners?
7:04 All right, all right.
7:06 If there are none, uh, I'll ask for a roll call vote on item one, the preliminary plat.
7:19 Jackson Mendenhall, Vicki Newton, Griffin Hannah.
7:26 Okay, that has passed six in favor and zero opposed.
7:31 Okay, we'll move to the uh final plat.
7:34 I'll ask for motion to get this on the floor, please.
7:37 Motion to approve with the additional staff comments.
7:41 Any comments or questions from the commissioners on item two?
7:47 If not, we'll move to a vote on the final plat.
7:55 Vicky Newton, Jackson Mindenhall.
8:06 That's six opposed, or six in favor, zero opposed.
8:10 Thank you very much.
8:11 And just for the record, Mr.
8:12 Lefford is now present at the meeting tonight's meeting.
8:17 Um now move to the uh preliminary plat for the Anna Lynn subdivision.
8:22 I'll ask City to present.
8:26 The preliminary plat of Anna Lynn is located at the intersection of R.
8:32 Young Junior Drive, which is the landmark there as the hub development, and where RA Young terminates with Wells Lake Road is where the roadway into the proposed subdivision uh connects.
8:51 Uh this is a tract that is about eight and a quarter acres, and it is a proposed cul-de-sac with 18 lots and one detention pond tract.
9:05 Uh key features of this proposed subdivision are uh the intersection with our a Young and Wells Lake in this proposed street, which is uh Kenna Court.
9:18 Um will undergo some improvements with the ramps and the crosswalks there.
9:24 Um there is an island median at the entranceway uh that will require a um temporary revocable license with the city for a signage and landscaping that uh will be installed in that island.
9:40 Uh variants was granted by the design review committee at Fort Chaffee Redevelopment Authority to for a sidewalk on one side of this cul-de-sac, which is not particularly unusual in this area, but um an additional sidewalk will be included that connects the cul-de-sac bulb uh to Veterans Avenue to the southeast, and uh that sidewalk will traverse the detention tract, which is uh going to be perpetually an open space that eventually will be accepted for ownership and maintenance by the city of Fort Smith.
10:23 Uh the last thing I'll mention about it is the uh the lots are proposed to be 80 feet in width, and the current zoning, which is RS4, allows for lots as narrow as 50 feet in width.
10:36 Uh so this will be something a little bit on the um on the higher end of the subdivisions that we see in the general area.
10:45 And with that, I will defer to the uh applicant's uh consultant uh who is here, and I'm glad to answer any questions you might have.
10:56 Right, as noted we do have the applicant here.
10:58 Anyone opposed to this application present tonight?
11:03 If not, um I'm gonna go ahead and ask for a motion to get item three on the floor, motion to approve of the district.
11:16 All right, any comments or questions for the applicant or city or the commissioners?
11:24 It's pretty straightforward and aligns with all the other resident new neighborhoods out there.
11:30 So uh anyway, um it'll be good.
11:34 Um, I'll ask for a vote then on item three, Zach Ledford, Griffin Hannah, Vicky Newton, Jackson Mindenhall, Rob Coleman, Rhett Taylor, Sean McCaffrey, four.
11:56 Six in favor, one abstained.
12:00 All right, very good.
12:01 And we'll now move to items four and five, which are a master land use plan amendment and a rezoning application at 5421 Free Ferry Boulevard at the study session last week.
12:17 The applicant uh requested withdrawal of these two applications, two items, so uh we still need to officially vote on those items to uh I guess accept that withdrawal.
12:30 All right, so um that being said on item four.
12:35 Um, I guess there's no other further comment by anyone in the audience or anything.
12:42 Okay, I want to give everybody opportunity to speak if they'd like.
12:45 Um but we'll go ahead and then move with item number four.
12:49 We're gonna vote for the withdrawal of item four, the master land use plan amendment, and I'd ask for a motion, motion to withdraw.
13:00 All right, I'll ask for a roll call vote then.
13:04 Sean McCaffrey Rhett Taylor, Rob Coleman, Jackson Mendenhall, Vicky Newton, Griffin Hannah, Zach Ledford.
13:21 Seven in favor, zero opposed.
13:23 Okay, I'll ask for that a motion for the withdrawal of the rezoning application item five motion of withdrawal for item number five.
13:32 Alright, I'll ask for a roll call vote for that motion.
13:42 Jackson Mindenhall.
13:54 Seven in favor and zero opposed.
13:57 Uh we'll now move forward.
13:58 We're gonna recess the planning commission and convene the board of zoning adjustment.
14:03 The first time is to consider a variance at uh 3105 Renal Avenue.
14:08 And then we'll also uh hear the uh report on the conditional use as well.
14:15 Thank you, Chairman.
14:16 Uh the uh first request for the variance is 9526.
14:20 This is a request by Goodwin Engineering agent for Harvest Time Tabernacle Incorporation.
14:25 From the definition of a business sign and from 50 square feet to 207 square feet maximum maximum cumulative total of square footage for freestanding signs for a church in an RM3 zone at 3100 Briar Cliff Avenue, 3101 Briar Cliff Avenue, 3200 South 32nd Terrace, and 3105 Grinnell Avenue.
14:47 Approval of the variance facilitates the construction of 16 directional signs with a total of 158.60 square feet and an existing on site 48 square foot monument sign, allowing for that cumulative total of uh 206.6 square feet of signage for the church.
15:07 The applicant states in their hardship that the zoning code does not allow for directional business signs in the residential uh zones for religious institutions, hindering the ability for navigation.
15:18 A neighborhood meeting was held Tuesday discussing both the variance and the conditional uh use on site at 5 30 p.m.
15:25 Three neighboring property owners attended the meeting and voiced concerns about uh the increased traffic, parking lot screening, and the new driveway location on Grinnell Avenue in regards to that conditional use for that new parking lot.
15:38 They did not have any objections for the uh uh signs of the directional signage.
15:44 Uh again, the uh church is seeking a conditional use approval for the uh additional uh 97 space parking lot in companion with this item for the 94,000, a little bit more 94,000 square foot church.
15:59 For the variance approval, staff does recommend approval with a few conditions.
16:03 One, the construction must comply with that submitted development plan.
16:06 Any changes or amendments to that submitted development plan are permitted but limited to those section 273307 of the UDO, and uh those that are greater will require planning commission approval.
16:17 The property must be plied into one continuous lot prior to the issuance of a building permit.
16:22 All site lighting shall be completely shielded and comply with the section 276025 of the UDO, and in a six-foot opaque privacy fence must be preserved between the church and the residential development in compliance with section 27602 4C8 of the UDO.
16:38 Moving on to the conditional use request.
16:44 Again, this is requested by Goodwind Engineering that's agent for the Harvest Time Tabernacle for an addition to a church parking lot in the RN3 zone, and this is on site at 3100 Briar Cliff Avenue and the new driveway there at 3105 Grinnell Avenue.
17:01 Approval will facilitate the construction of 97 additional on-site parking spaces for and a new driveway.
17:09 The development that new driveway again will be constructed.
17:12 Sorry, I should have this going as well.
17:14 Constructed right there on Grinnell Avenue, as you can see on the uh PowerPoint slide there.
17:19 The new development proposes five interior landscaping islands in compliance with the UDO and also uh parking lot and perimeter landscaping there.
17:27 You can kind of see, and they have existing landscaping along the way.
17:30 Uh 97 new parking spaces for a total of 494 parking spaces, both on-site and off-site.
17:37 However, if you remember, that's a over 94,000 square foot of buildings there.
17:42 So it is in compliance with the UDL.
17:45 Uh the applicant is requesting this approval for this new parking lot.
17:49 Additionally, the applicant again uh requested those variances from the definition of business signs and for the cumulative total of the signs for the church property.
17:58 Staff also recommends approval of this conditional use request with the following.
18:02 Construction must comply with submitted development plan changes or amendments to the minute development plan or permitted but limited those, section 27 through 307, the UDO.
18:10 Any changes greater than that will require planning commission approval.
18:14 Property must be platted again into one continuous lot prior to issuance of building permit.
18:19 Site line shall be completely shielded and comply with section 276025 of the UDO.
18:24 A six foot opaque privacy fence must be preserved between the church and the residential developments and compliance with section 276024C8 of the UDO.
18:33 And that concludes my presentation.
18:36 Alright, thank you, Tyler.
18:37 Um the applicants here, and is there anyone here to speak in opposition?
18:44 Any of the neighbors?
18:45 That were at the meeting.
18:46 Alright, or anybody else?
18:49 All right, I'll ask for a motion to get item six of variance request.
18:55 Motion to approve with the additional staff comments.
18:59 Any comments or questions by the commissioners?
19:02 Seems like pretty plain simple wayfinding sign.
19:05 Yeah, wayfinding size make a lot of sense here.
19:08 Yeah, all right, very good.
19:10 None of them are too tall enough to really block, and the only one that's really worrying is on the corner.
19:16 But I would assume it'll be all right.
19:19 I'm sure you're in engineering will look at it.
19:23 If there are no other comments or questions, we'll ask for a vote on the variance request item six.
19:47 Hannah I had to depart, so.
19:55 That's six in favor, zero opposed.
19:58 I'll now reassess the board of zoning adjustment and convene the planning commission for item seven of this companion application.
20:06 The conditional use.
20:10 Motion to approve with the additional staff comments.
20:14 Any comments or questions from the applicant regarding the parking lot screening?
20:21 Is that a big issue?
20:22 I mean to the are any additional measures being taken regarding the screening.
20:33 The application it does with the plans, it complies with the parking lot screen.
20:37 They already have with the church development, and they are on Grinnell.
20:39 They are providing the parking lot screening that's required by the UDO.
20:43 So no concerns by staff.
20:47 Alright, I'll ask for if the any other comments are asked for a vote on the conditional use.
20:55 Jackson Mendenhall.
21:06 Six in favor, zero opposed.
21:10 We'll move forward to item A.
21:12 The conditional use at 1700 Rogers Avenue.
21:19 Conditional use 7526, a request by Jamie Jones, agent for Canterbury Family LLLP for an event center in a commercial light C2 zone at 1700 Rogers Avenue.
21:32 Approval of the conditional use request will facilitate the operation of a 2000 2,710 square foot event center within units B and C of the existing shopping center.
21:45 The subject property is on the south side of Rogers Avenue, between South 17th Street and South 18th Street.
21:52 The track contains an area of 1.07 acres with approximately 324 feet of uh street frontage along Rogers Avenue and 225 feet of uh street frontage along South 17th Street and 102 uh feet of street footage along South 18th.
22:11 The uh some of the site features is just the existing 14-foot uh building has a gross total of uh 15,352 square feet.
22:20 The applicant proposes utilizing units B and C for a combined total of 2,710 square feet for the events center.
22:27 Uh neighborhood meeting was held on site on Friday, uh April 24th at 5 30 p.m.
22:33 No neighboring property owners uh were in attendance.
22:37 Uh the applicant is requesting conditional use approval to operate a uh 2,710 square foot event center within units B and C of the existing shopping center.
22:47 Uh staff recommends approval contingent upon construction complying with a submitted development plan.
22:52 Changes or amendments to the submitted development plan are permitted but limited to those described in section 27 3307 of the UDO.
23:00 Any changes greater than those described in this section will require planning commission approval.
23:11 Is the applicant here this evening?
23:15 Any opposition to this application?
23:19 Alright, I'll ask for a motion to get item eight conditional use on the floor.
23:28 That's for a motion.
23:29 Anybody want to do it?
23:31 Uh motion to approve with the addition of staff comments.
23:37 Are there any specific event planning regulations that the city that wouldn't be part of the staff recommendations?
23:46 Are there any outlined anywhere?
23:50 In terms of noise, or just in general, like of what an event center can and cannot do or there's not.
23:59 No, I mean we have a definition of a convention or an event center, but just because you're licensed as such, you still have to comply with the other other.
24:06 There's no like specific section like you have to all these items apply.
24:14 The regular, the regular, the regular.
24:16 Yes, there are the fire marshal inspect their use requirements and um life safety code requirements, but there aren't any specific set of regulations just for event centers.
24:27 I just wonder if like these applicants.
24:29 Seemed like we see a lot of event centers.
24:30 There was like a list given to the applicants or things.
24:34 Usually this is to appease neighbors and stuff like that on exterior stuff inside the building itself to see.
24:45 I'll ask for a vote then on item eight if there's no other comments.
24:53 Jackson Mindenhall.
25:04 That's six in favor, zero opposed.
25:07 Alright, our next two items are a conditional use and a variance at 7820 Dallas Street.
25:16 Okay, conditional use 8526, a request by architecture plus agent for TDS properties LLC for an off-site parking lot and a building addition in the transitional and transitional special zone at 7820 Dallas Street and 7900 Dallas Street.
25:33 Approval of the conditional use and companion variants application will facilitate the construction of a 1,454 square foot building addition on the south side of the existing clinic at 7900 Dallas Street and an off-site parking lot at 7820 Dallas Street that exceeds the maximum number of parking spaces allowed for a doctor's office and clinic.0 acres uh with approximately 405 feet of street frontage along Dallas Street.
26:12 The development will utilize two existing driveways located on Dallas Street as well as a shared drive and cross access easement with Mercy Health Fort Smith located immediately to the west.
26:26 In 2021, an access easement agreement between the subject property owner and Mercy Health Fort Smith was recorded, granted showing uh access with the adjacent property owners to the west.
26:40 Some of the site features a perimeter uh this will for the landscaping, it'll uh feature perimeter landscaping, parking lot screening, and interior screening will be installed along Dallas Street, and all that will comply with uh with the UDO.
26:54 Uh the new gravel uh off site parking lot proposes a 27 foot wide uh concrete drive apron that connects the new lot to the existing clinic uh parking.
27:07 Uh the new gravel lot will contain 35 parking spaces.
27:11 Uh an accompanying variance request has been submitted to allow uh for an increase in the maximum number of parking spaces allowed from 62 to 93 spaces.
27:22 Uh the uh 1,454 square foot building addition will match the dermatology clinic put in place by ordinance 7098 requiring planning commission approval of the development plan prior to the issuance of a building permit.
27:46 Section 273324A states that the conditional use permit satisfies the requirement for a development plan review.
27:56 Additionally, a temporary use permit uh 4921 was approved by the planning commission, allowing for the use of the off-site parking lot to accommodate the need for the extra parking uh the extra parking.
28:12 Staff recommends approval contingent upon construction must comply with a submitted development plan.
28:17 Uh changes or amendments to the submitted development plan are permitted but limited to those described in section 27 3307 of the UDO.
28:25 Any changes greater than those described in this section will require planning commission approval.
28:30 Moving on to the variants, uh variants 10 526, uh request by architecture plus agent for TDS properties LLC from 62 to 93 maximum number of allowed parking spaces and from uh 24 feet to 15 feet minimum drive aisle width for a two-way drive traffic in a transitional zone at 7820 uh Dallas Street.
28:55 Approval of the variances from the minimum drive aisle width and maximum number of parking uh spaces will facilitate the construction of an on-site or off-site uh parking lot with 35 new spaces.
29:08 Uh the applicant states that the adjacent lot is needed to accommodate the uh the adequate parking to serve uh the medical clinic uh facility and that strict enforcement would render the uh facility inoperable.
29:20 Uh a neighborhood meeting was held Thursday, April 30th at 5 p.m.
29:25 at uh 28 uh or 7820 Dallas Street for both the variance and the conditional use.
29:31 Uh four neighboring property owners were in attendance and were in support of the request.
29:36 Uh the proposed building expansion will eliminate uh 12 existing parking spaces on site.
29:42 Uh the applicant requested a variance from the 62 to 93 parking spaces and from 24 feet to 15 feet minimum drive aisle width to accommodate the parking needs of the facility.
29:52 Staff recommends approval contingent upon the construction complying with the submitted development plan.
29:58 Uh changes or amendments to the submitted development plan are permitted but limited to those described in section 27307 of the UDO.
30:05 Any changes greater than those described in this section will require planning commission approval.
30:12 Um the applicant is here, Ms.
30:16 Umppos this evening.
30:20 Uh I asked for a motion on the conditional use and number item number nine, all right.
30:32 Any comments or questions on the conditional use?
30:37 Not to ask for a vote on the conditional use application.
30:50 Jackson Mindenhall.
30:57 Six in favor, zero opposed.
30:59 I'll now reassess the planning commission and convene the board of zoning adjustment for the variance request item number 10.
31:11 Motion to approve with the additional staff comments.
31:16 Any additional comment?
31:18 No, I'll ask for a vote on item 10.
31:26 Jackson Mendenhall.
31:35 Six in favor, zero opposed.
31:39 Now we assess the Board of Zoning Adjustment and convene the Planning Commission as we have a UDO amendment.
31:46 Tyler, take it away.
31:47 Thank you, uh Chairman McCaffrey.
31:50 Uh this amendment is for uh a UDO amendment for child care family home.
31:55 Act 60 adopted the state legislature on February 13th, 2023 and change the requirements for child care facilities from one's residents.
32:04 The proposed amendments bring the four Smith codes in compliance with Act 60.
32:09 The proposed amendment includes the following switch here.
32:14 The replacement of the land use and definition for daycare home 12 or less to child care family home.
32:21 Child care family home shall mean a child care setting in which a caregiver provides child care licensed by the state in a family residence with a home like environment.
32:31 Allows a child care family home to be operated as an accessory residential uh use and requires all pickup and drop off of children to be on the residential driveway and not within the public right of way.
32:44 Staff does recommend approval of this amendment.
32:48 Any comments or questions from the commissioners?
32:56 So anyway, so it works.
32:59 All right, I'll ask for a uh a um motion on item 11.
33:05 Motion to add is written.
33:09 All right, I'll ask for a roll call vote on item eleven.
33:12 Vicki Newton, Jackson Mendenhall, Rod Coleman, Rhett Taylor, Sean McCaffrey, Zach Lightford, the six in favor, zero opposed.
33:26 All right, and with that, I'll ask for a motion to adjourn tonight's meeting.
33:34 All right, we are adjourned then.