Rezoning at Old Greenwood, Dallas approved in Fort Smith after design changes

The plan for a development at the corner of Old Greenwood Road and Dallas Street is seen.
The plan for a development at the corner of Old Greenwood Road and Dallas Street is seen.

FORT SMITH -- City directors Tuesday approved a previously nixed development on the corner of Old Greenwood Road and Dallas Street despite opposition from area residents.

Directors voted 5-0 with one abstention to rezoning 0.68 acres at 3215 Old Greenwood Road to a planned zoning district for commercial neighborhood use. The 5,000-square-foot building on the property will have 17 parking spaces and will be used for office and light commercial space, according to Maggie Rice, the city's development services director.

The board unanimously defeated the proposed rezoning June 1 and sent the plans back to the Planning Commission after residents cited concerns about the orientation of the building, how the plan would affect traffic and landscaping in the area.

A few of the same residents at the June 1 meeting spoke again at Tuesday's meeting. They voiced concerns about the size of the building, its proximity to their homes and the possibility of customers parking on their street.

"I don't think the neighbors would be satisfied with any commercial project no matter how good it is. That's simply human nature -- 'not in my backyard' mentality," said attorney Dalton Person, who represents property owner Lewis Harris.

The original design had the entire back of the building facing Dallas Street, said architect Brett Abbott. Neighbors at the June 1 meeting also raised concern about how the landscaping would impact old shade trees in the area and if it would make traffic more dangerous.

Developers have since rotated the building design 90 degrees, putting one of the sides of the building along the street. They'll also preserve one shade tree but remove two others, Abbott said.

Resident Amanda Pereira said none of the families on Dallas Street want the building. She predicted the building will sit empty "like a lot of properties in Fort Smith" until the owner takes the first person who moves in.

"When I walk out my door, I'm going to see the back of a building on my street. It needs to be off that road at least 20, maybe 30 feet," said Dallas Street resident William Basnett.

Pereira added "there's no resource" for keeping people off the street despite Abbott stating "no parking" signs are proposed. She said she believes calling police when someone parks on her street wouldn't be a good use of city resource. She said calling the police was suggested to her by planning commissioners.

Ward 3 Director Lavon Morton said he believes calling police would be an effective deterrent to motorists parking on Dallas Street if a "no parking" sign wasn't obeyed.

Basnett and Pereira both said the development would lower the value and attractiveness of homes on Dallas Street. Person noted neighborhoods back up to commercial properties "all the way down Old Greenwood."

He also said there "won't be another easy solution" if the rezoning is denied a second time. The board on June 1 waived the six-month waiting period for changes to a design.

Before it passed, the ordinance was amended at the request of At-Large City Director Kevin Settle to exclude tanning salons from the list of tenants that could use space in the building. Settle reasoned tanning salons are typically open from early in the morning to midnight.

Morton before the vote noted a resident at the June 1 meeting said he would be fine with the development if it met certain requirements. Dallas Street resident David Crowell at that meeting said he wouldn't object to a business as long as it doesn't intrude on Dallas Street and if Harris could work with property owners to the south and come up with a common parking lot.

Ward 4 City Director George Catsavis abstained from the vote, citing friendship with Harris.

Max Bryan may be reached by email at [email protected].

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