98 JAN 28
MINUTES: BOARD OF ADJUSTMENT
DATE AND TIME: January 28, 1998 4:01 p.m.- 4:38 p.m.
ATTENDANCE: Chairman Mark Perry
Commissioners: John Hardwick,
Ken Nabors, Bob Walker and
B.J. Boroughs
PETITIONERS:
Variance requested: Arkansas Multi-Family Housing, LLC
Variance from C-2 dimensions to R-3
(Chapter 18.32.040 Jax. Mun. Code)
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Deputy City Clerk Susan L. Davitt recorded those listed above in
attendance and Chairman Perry declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Chairman Perry expressed his thanks to Commissioner Walker for
acting as chairman during the January 14th 1998 meeting.
Commissioner Walker moved, seconded by Commissioner Nabors that the
minutes of the Board of Adjustment Meeting of January 14, 1998 be
APPROVED. MOTION CARRIED.
VARIANCE REQUEST: Arkansas Multi-Family Housing, LLC
Chairman Perry introduced the item of business, placing it on the
floor for discussion and asked Mr. Bart Gray, Jr. to address the
variance request.
Mr. Gray related that Arkansas Multi-Family Housing, LLC (Limited
Liability Corporation) is a Missouri based company that builds
apartments. He explained that application for ADFA (Arkansas
Development Finance Authority), who issues a tax credit to
developers, has to be submitted by early February which is the main
reason for proceeding with a variance instead of a rezoning with
citing the time factor involved. He related that the site on
North Hospital, chosen by Arkansas Multi-Family, was deemed
suitable to support a sixty (60) unit complex and that an agreement
with the property owners to purchase three (3) acres is contingent
upon factors "making for a good neighbor" in the community and
granted tax credits from ADFA. He pointed out that the land use
map shows the area as commercially zoned and that multi-family
residential use is a conditional use for commercial zones. He
related that the Planning Commission is scheduled to conduct a
public hearing regarding approval to build apartment buildings on
the proposed site while the business before the Board of Adjustment
is to allow for apartment type development under normal R-3 design
requirements instead of C-2 design requirements. He pointed out
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that while development dimensions under C-2 might be easier to
meet; the parking and three (3) story allowances in R-3 are better
BOARD OF ADJUSTMENT continued:
January 28, 1998 4:01 p.m.- 4:38 p.m.
suited for the needs of an apartment type development. He related
that the site plan designed by an architect will have to be
approved by the Planning Commission. He reiterated that the
request to design under R-3 dimensions would provide more
flexibility in a Multi-Family design.
In response to questions of rezoning the property, posed by
Commissioner Boroughs, Mr. Gray related that the land use map and
the land use plan is more important to the community than what was
once thought. Illustrating that the tract of land is commercial in
the land use map and as such the Planning Commission would have to
first change the land use map to residential; then it would further
need to be changed by the Planning Commission to R-3 calling for
two separate public hearing actions by the Planning Commission
before going on to the City Council for further and final approval
of said actions. He explained that at some point in time early in
the development of conditional use laws it was thought that multi-
family apartments (subject to preview) would be an acceptable use
in a C-2 zone. He further explained why it is not an "automatic
authorized use", but a "conditional use authorized after review"
under the condition it will not interfere with the ultimate
commercial use. He offered that he felt the Planning Commission
would view this as the "back end of commercial development" and see
a multi-family development as a better use for the property as
opposed to for example a shopping center. He reminded the members
that the primary reason for procedure for request of variance is
the time factor and that any deviation from plans would have to
come back for further approval.
It was noted by Mr. Gray that if Arkansas Multi-Family LLC decides
not to purchase the property the variance only extends to LLC and
not to the property.
Commissioner Boroughs stated that he felt the best use of the
property would be served through this type of development rather
than a commercial one.
Mr. Gray related that multi residential/commercial development has
been encouraged in recent years through meetings of the Downtown
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Jacksonville committee.
Discussion ensued as to the caliber of development and its
attractiveness to the area.
BOARD OF ADJUSTMENT continued:
January 28, 1998 4:01 p.m.- 4:38 p.m.
It was noted by City Engineer Reel that some areas of R-3
development are more stringent than C-2 as far as setback concerns
but allows less restriction regarding building height.
Further discussion ensued as to the changing of required parking
spaces from 1 1/2 spaces to 2 parking spaces per unit.
Commissioner Nabors moved, seconded by Commissioner Hardwick to
grant the dimensional variance requested by Arkansas Multi-Family
Housing, LLC; for R-3 zoning in a C-2 zone with the stipulation
that if for whatever reason Arkansas Multi-Family Housing, LLC
chooses not to develop on the proposed site the approved variance
becomes null and void. MOTION CARRIED with Commissioner Walker
abstaining.
Other related discussion ensued as to procedure for changing the
zoning and the land use map.
Chairman Perry adjourned the meeting at approximately 4:38 p.m.
MOTION CARRIED.
Respectfully,
__________________________ _________________________
Susan L. Davitt Mark Perry
Deputy City Clerk CHAIRMAN
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