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Applicant appeals Planning Commission denial for Heather Ridge mixed-use rezoning

2160356 · January 28, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

An applicant appealed a 3-3 Planning Commission vote denying an amendment and rezoning at 53100 Heather Ridge. The board heard arguments about traffic, density limits tied to sewer capacity, and neighborhood character and sent the item to the upcoming public hearing.

Mark Rouse, the applicant, appealed a Planning Commission decision denying a master land use plan amendment and a rezoning at 53100 Heather Ridge during the Fort Smith Board of Directors study session on Jan. 28, 2025.

Deputy City Administrator Maggie Rice told the board that the applications cover a 43-acre site and would rezone 5.78 acres interior to the property to allow a mixed-use development while the remaining roughly 37 acres would remain mixed residential. Rice said the applicant submitted a traffic impact analysis that evaluated three intersections; the city engineering department reviewed and concurred with the analysis. One intersection would require installation of a three-way stop “in lieu of the existing one-way stop” once future traffic justified it, Rice said. She also said a neighborhood meeting on Dec. 31 drew three neighboring property owners who raised concerns about traffic, noise and access.

At the January 14 Planning Commission hearing, commissioners voted three in favor and three opposed to deny the request, Rice said. The board heard that three commissioners — Trumbley, Wilson and Marshall — voted against the denial; Commissioners Hannah, Taylor and Coleman were absent from that commission meeting. Director Neil Martin noted state law requires a majority vote on ordinance or rezoning changes and explained that with nine commissioners a majority would be five yes votes.

Rouse described the proposal as a localized, “walkable” amenity for residents rather than a project intended to draw outside traffic. “We’re really not trying to draw outside traffic,” Rouse said. He told the board the plan includes small-scale commercial such as a coffee shop or sandwich shop, apartments above ground-floor commercial and internal parking behind the buildings. Rouse said sewer capacity limits the neighborhood to about 440 units overall, which constrains any increase in density.

Resident Sharon Gosnell of 4931 Harts Scribe Way said she has followed the matter since 2022 and voiced several concerns at the study session. Gosnell opposed attached residential units above commercial spaces and worried about commercial vacancies in a small local market. “I do not agree with the commercial that allows after the fact or with the fact housing attached to the commercial units,” she said. Gosnell also questioned whether the new buildings would match local materials and noted parking and traffic near the existing venue known as The Hangout had already increased after that business obtained a liquor license.

Board members asked clarifying questions about the project’s permitted heights, whether a road to Horseshoe had ever been proposed (it had not) and what changes were made to the current application compared with earlier approvals. Rouse and staff said height restrictions would remain the same as the existing planned zoning district and that the mixed-use building would be two to three stories with commercial on the first floor and apartments above.

The board did not make a final decision at the study session and agreed to move the matter to the public hearing at the upcoming Tuesday meeting. The public hearing will allow public comment before any board action.

Why it matters: The appeal would change an approved residential plan to allow mixed use on part of the site, a conversion that raises neighborhood concerns around traffic, density and compatibility while also being constrained by the city’s sewer capacity limits.

What’s next: The board scheduled the item for the Tuesday public hearing where members of the public will have the opportunity to speak before the board considers any ordinance or rezoning action.