Fort Smith Planning Commission and Board of Zoning Adjustment Regular Meeting - September 8, 2026

The Fort Smith Planning Commission and Board of Zoning Adjustment held a regular meeting on September 8, 2026, at 5:30 PM at the Blue Lion Downtown. Commissioners present: Vicki Newton, David Tyler, Kelly Wilson, Rod Coleman, Jackson Mendenhall, Ret Taylor, Griffin Hanna, Shaun McCaffrey. The meeting covered six agenda items, including a final plat, a conditional use permit, a temporary use permit, a variance and accompanying development plan, and amendments to the Unified Development Ordinance (UDO) regarding data centers.

Consent Calendar

• Approval of August 11, 2026 Meeting Minutes: Approved unanimously on a motion by David Tyler, seconded by Ret Taylor.

Discussion Items

1. Final Plat – Serington – Crafton Tull

• Staff Report (Tyler Miller): The final plat covers three lots totaling approximately five acres, the first phase of a 54-acre property at the eastern quadrant of Chad Colley Boulevard and Massard Road. Approval will facilitate storm drainage lots. Staff recommended approval with conditions including utility easements, shared maintenance agreements, automatic irrigation, and sidewalks.
• Commission Action: Motion to approve with staff comments carried 7 in favor (Newton, Tyler, Wilson, Mendenhall, Taylor, Hanna, McCaffrey), 1 abstention (Coleman).

2. Conditional Use #14-9-26 – Contractor’s Shop and Storage Yard at 5900 Highway 271 South

• Staff Report (Victoria Walls): Request by Robby Raggio for BPR Commercial Properties, LLC to operate an excavation contractor’s shop and storage yard on a 0.75-acre site zoned C-5 and I-1. A neighborhood meeting on August 31, 2026 had one attendee concerned about large equipment; applicant stated no such equipment would be stored. Staff recommended approval with conditions including an opaque fence for outdoor storage and parking lot striping.
• Commission Discussion: Commissioner Wilson questioned the fence requirement for an existing site; staff clarified the fence is only required if outdoor storage occurs. Commissioner expressed concern about fence wear and tear but no change made.
• Commission Action: Motion to approve with staff comments carried 8-0 (all present voting yes).

3. Temporary Use #3-9-26 – Temporary Medical Office Building at 7301 Rogers Avenue

• Staff Report (Victoria Walls): Request by Studio 6 Architects for St. Edward Mercy Medical Center for a temporary 580 sq. ft. medical office building, two 20’x20’ awning tents, and a bathroom trailer until September 1, 2028, on a 42.26-acre site in PZD #90-21. The facility will provide cancer treatment services. Staff recommended approval.
• Applicant Presentation: Mr. McFarron stated the building will be used for patient procedures (about 15 patients/day), with visitors waiting outside a fenced area. Hours are 7 AM to 5 PM, no generators. The current hospital facility is maxed out, operating seven days a week until midnight; a new LINAC is expected to open in April 2027.
• Commission Discussion: Commissioner asked about noise and appearance; the site is tucked behind a retaining wall and not visible to neighbors.
• Commission Action: Motion to approve with staff comments carried 8-0.

4. Variance #27-9-26 – Interior Side Yard Setback Reduction at 2612 South O Street

• Staff Report (Tyler Miller): Request by Hart-to-Hart Investments LLP for a variance from 10 feet to 0 feet interior side yard setback to extend a roof eave on an existing art studio/salon building (constructed circa 1950). The building is legal non-conforming; the eave would encroach further. A complaint was filed by the neighboring eastern property owner; a stop work order was issued. A neighborhood meeting on September 2, 2026 had no attendees. Staff remained neutral.
• Applicant Presentation (Gene Hart, owner): Explained the need to protect tenants and customers from weather. He had started construction without a permit due to a misunderstanding; he has since removed the work. The neighbor is okay with the project. He agreed to install a 6-inch gutter with downspouts.
• Commission Discussion: Commissioner Hanna asked about gutter size; a motion was made to approve with staff comments plus a condition requiring a 6-inch gutter and two 6-inch downspouts. Staff clarified the variance is tied to the site plan and does not allow building a wall. Commissioner asked about non-conforming status; staff confirmed the variance only affects this eave.
• Board of Zoning Adjustment Action: Motion to approve with amended conditions carried 6 in favor (Wilson, Newton, Tyler, Mendenhall, Taylor, Coleman), 2 opposed (Hanna, McCaffrey).

5. Development Plan #16-9-26 – Addition to Existing Art Studio and Salon at 2612 South O Street

• Staff Report (Tyler Miller): Companion to the variance; development plan approval for the roof eave extension. Staff recommended approval with conditions.
• Commission Discussion: Same as variance discussion. Commissioner asked if the variance would allow a wall; staff said no.
• Commission Action: Motion to approve with staff comments carried 6-2 (same vote as variance).

6. UDO Amendments – Data Center Regulations

• Staff Report (Tyler Miller): Following an August 11, 2026 Board of Directors study session, staff proposed amendments to add a Development Plan (DP) requirement for data centers in I-1, I-2, and I-3 zoning districts, requiring review by Planning Commission and approval by the Board of Directors. Additionally, design standards include: 500-foot setbacks from all property lines, an 8-foot opaque decorative wall, and a requirement for letters from public utilities confirming capacity and transmission upgrades. No data centers have approached Fort Smith; the amendment is proactive. Staff recommended approval.
• Commission Discussion: Commissioner Taylor asked about the definition of data center; staff provided the definition from the 2023 ordinance. Commissioner asked about by-right possibilities; staff confirmed DP requires review. Commissioner asked about model cities; staff drew from Little Rock, Fayetteville, and APA guidelines. Commissioner asked about surcharges; staff said franchise fees apply but additional surcharges could be imposed by the Board. Commissioner Coleman suggested adding a staining requirement for opaque fences; staff agreed to consider it for future amendments but did not change the current motion.
• Commission Action: Motion to approve carried 8-0.

Key Outcomes

• Final Plat – Serington: Approved (7-1 abstention).
• Conditional Use – Contractor’s Shop: Approved (8-0).
• Temporary Use – Medical Office: Approved (8-0).
• Variance – Side Yard Setback: Approved as amended (6-2).
• Development Plan – Roof Eave Extension: Approved (6-2).
• UDO Amendments – Data Centers: Approved (8-0), to be forwarded to the City Board of Directors for final action at their October 5, 2026 meeting.

Note: The meeting included a recess to convene the Board of Zoning Adjustment for the variance item. All actions are final unless appealed.