98 JAN 28MINUTES: 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 atten dance 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 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 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