Developer Pat Tobin presented a request for changes to the approved large scale development plan for his commercial structure on Slack Street but his request was tabled and slated for discussion at the tech review as planners found many changes to the actual construction from the originally approved LSD.
An engineer with Bates and Associates told planners the requests included removing a wall on the west side with the drainage pond and changing the slop, removing the curb along the backside and reducing required landscaping.
"You've changed the pond, the retaining wall, the size of the buildings," Dr. Karen Sherman, planner, said. "What we approved were the plans.
"This has more concrete," she said, adding that the size of the buildings and the parking lot were built larger than what was approved by city officials on the plans.
City building official Tony Townsend said: "There's 2,400 square feet there not permitted."
"I don't understand where the legality is," Sherman said, questioning the owner's change in the construction from the approved plans. Planners also complained about the elevation of the buildings saying that, too, was greater than approved.
"Greer Excavation pulled the permit," owner Pat Tobin said. "We haven't changed the size of the building."
Planners pointed out the approved plans and the notes on the plans showing that the buildings were constructed larger than approved.
Planning Commission chairman Chris Johnson asked whether the city engineer had seen the plans.
Townsend asked Street Superintendent Nathan See about the plans and the engineer's opinion of them.
"His only concern was the pond change," See said.
"Were we provided with that information and the comment from the engineer?" Sherman queried. "
"No, that came from a meeting I had with him in Fayetteville," See said.
Planner Jerry Burton said: "I remember the berm being part of the blockage from the residential area, because it provided some more privacy for the residences, but now it's almost level and you're wanting to reduce the landscaping. It appears to me it should be increased or build the berm back up."
"We can make it higher," Tobin said.
Townsend said about five to six feet of red dirt was brought in to the site. "The finished floor elevation should not have changed so we'll have to shoot the elevation to see how much it came up."
"Why are we adding parking spaces, the building is changed, without coming to us prior to making the changes? There's a process the city has," Johnson said.
"I do not have the answers," Tobin said.
"But you instruct the engineers and architects," Johnson said.
"I thought we were going with level ground and soil underneath it did not prove to be receptive," Tobin said. "As far as I know, we haven't changed the size of the building."
"You've added almost 1,000 square feet to each -- 2,300 square feet and parking spaces," Johnson said. "The parking alone is a big change as well for something that needs be calculated in drainage."
"Why are you removing trees?" Johnson asked Tobin.
Tobin said the price of a certain species of tree had gone up in price. Johnson said the species of tree could be changed, according to the city regulations.
Sherman said: "There's a wonderful tree farm right behind that subdivision."
Burton, Johnson and Sherman said the original plans submitted did not match the current plans.
"How did we not catch this?" Johnson asked.
"Bates brought in the changes, but once the cat's out of the crate," Townsend said.
"We didn't try to get around anything," Tobin said. "We try to make the thing feasible as far as dollars were concerned... I honestly thought what we submitted and what we built were the same."
Ken Hayes, city Water/wastewater Department superintendent, reminded Tobin and planners that the State Health Department requires any changes to the plans be resubmitted to the Health Dept. for approval. They give you approval based on that set of prints. Any changes, the prints have to be resubmitted."
"It was to be resubmitted to the Planning Commission before not after changes are made," Sherman said, restating that the current elevation is way higher than what it was.
Planners unanimously agreed to table the request and discuss it at the tech review.
"I assure you, ladies and gentlemen, we were not trying to get by anybody," Tobin said.
In other business, members of the Planning Commission:
• Approved rezoning 40.94 acres on Dove and Blue Jay roads from agricultural to R-2SF (Residential 2 single family) at the request of Franklin Miller;
• Approved rezoning .33 acres at 308 S. Curtis Ave. from A-1 (agricultural) to R-2MF (Residential 2 multi-family) and .43 acres at 135 N. Davis St., from C-3 (commercial) to R-2MF, both for Diana Bone;
• Tabled home occupation request for 626 Asboth St. for Scott Stewart, as no one was present to discuss;
• Approved, after much discussion, home occupation request for Anthony Porchia for 1700 Winters St.;
• Approved variance of 7.5 feet for side yard on street setback at 1001 Shepherd St. for Kelly Tuszynski as the construction of the home had been approved and signed off on by the building inspector in 2007 and Tuszynski is selling the house; and
• Approved the large scale development on ball fields on Weston Street for Pea Ridge public schools pending receipt of State Health Department approval.
Sports on 08/15/2018