Z-3781 Staff AnalysisDecember 15, 1981
ZONING
Item No. 14 - Z-3781
OWNER:
APPLICANT:
LOCATION:
REQUEST:
PURPOSE:
SIZE:
EXISTING USE:
Jeanne Hoover and Edna Jones
John L. Burnett
4908 to 4932 West Markham Street
Rezone from "R-3"
and 110-3" General
General Commercial
Wendy's Restaurant
Single Family
Office to "C-3"
40,000 Square Feet +
Residential and Daycare Center
SURROUNDING LAND USE AND ZONING:
North
- Residential
- Zoned
"R-3"
South
- City Park -
Zoned "R-2"
East -
Residential
- Zoned
"R-3"
West -
Residential
- Zoned
"0-3"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency regarding this request. Staff does expect
considerable neighborhood opposition. The proposed rezoning
is not compatible with either the Heights/Hillcrest Plan or
past Board of Directors' policy with regard to the Markham
Street corridor, which has permitted office development
within the first 200 feet north of Markham Street.
The proposed development would be accomplished with two
access points to Markham Street, thereby limiting curb cuts
to two. At least five curb cuts exist, one for each lot
fronting on Markham Street. The daycare facility generages
a number of left -turn movements off the eastbound lane of
Markham Street during the morning peak hour of traffic, and
there is no conflicting intersecting street to the south.
The Heights/Hillcrest Plan and previous Board actions
indicate that this area is suitable for office use rather
than commercial, and one of the five lots is presently zoned
"O-3." If commercial zoning is permitted on this property,•
the north side of Markham Street will then be committed to
commercial development between University Avenue and Cedar
Street. Staff feels that this is undesirable and assumes
that the Planning Commission and Board of Directors also
felt it to be undesirable when the Heights/Hillcrest Plan
was approved.
December 159 1981
ZONING
Item No. 14 - Continued
STAFF RECOMMENDATION:
Staff recommends approval of "0-3" General Office on this
property.
COMMISSION ACTION,-
The
CTION°
The applicant was present, and there were several objectors.
The applicants showed a rendering to the proposed Wendy's
Restaurant, stating that it had been specially designed for
this location, that it would be a $600,.000 project which
would ultimately employ 54 people with a $250,000 to
$300,000 payroll and that it would generate $40,000 to
$50,000 sales tax annually. The applicant discussed the
site choice made by the Wendy's Restaurant, discussing the
differences between this location and the McDonald's
location, and also discussed several of the design elements
and the design differences between the two.
The applicant introduced Ernie "Peters, traffic engineering
consultant, who discussed specific traffic issues and went
over the site plan with the Planning Commission in detail.
Mr. Peters stated that they were projecting 1,610 vehicles
per day for the restaurant facility, stating that the
expected peak hour was between noon and 1:00 p.m., in which
406 vehicle trips, 203 in and 203 out, were expected. He
stated that there was an expectation of a 50/50 directional
distribution of peak hour traffic; i.e., roughly half would
be coming from the west side of the restaurant, with the
other half coming from the east side of the restaurant. He
stated that over the years the Markham Street two-way
traffic volume had ranged in tkk e_ area of 17,000 vehicle
trips per day. There were several questions from the
Planning Commission regardirg hours of operation and others,
and in answer to those quest -ions the applicant stated that
the peak hour in the evening was between 6:00 and 7:00 p.m.
in the winter hours, and approximately 1/2 hour later in the
summer daylight savings hours,, he stated that there were no
morning hours for Wendy's in that the restaurant does not
serve breakfast and does no- open to its employees until
approximately 10:30 a.m.
The applicant further stated, talking about the
Heights/Hillcrest Plan, that the plan indicated that office
uses were appropriate for this location, and he pointed out
that the restaurant would serve mostly existing traffic
rather than generating adds-tiona-1 traffic of its own as
office development would. &-'e stated that he felt there was
December 15, 1981
ZONING
Item No. 14 - Continued
little demand for office use in the area shown on the
Heights/Hillcrest Plan, mostly because of its size and the
type of offices that are now being preferred by customers.
He stated that there are nearly 10,000 employees in this
state and city complex, the Medical Center and the park
area, plus their clients, patients and vendors, enough to
consider that general area a small city. He said that such
a large concentration of people would require retail
services and, since very little retail services exist in
this area, those people more likely get in their cars to go
elsewhere during the lunch hour peak time. He argued that
the Wendy's Restaurant would, in fact, have quite a bit of
walk-up traffic.
Michael Smith, owner of an adjacent property facing on
Markham Street, provided the Planning Commission with a
brief history of the commercial encroachment in this area,
and spoke in opposition to the zoning request.
Charles Black of 4934 West Markham, disputed traffic figures,
using data he had collected from national advertising
sources and talked about figures that were conflicting with
the traffic engineering information. He also talked about
the failure of the notice to indicate the correct addresses.
He talked about trash problems with McDonalds vandalism
which he blamed on the existence of McDonalds, including
"stealing our mail." He discussed the many wrecks that had
occurred relative to McDonalds drive-in situation and stated
that McDonalds had made many promises when it was first
located there and at least six of those promises had not
been fulfilled. Gail Lanier, who said she was associated
with the Small World Daycare Center located on the site
proposed for Wendy's, discussed traffic problems on Markham
Street that her customers have, telling how difficult it is
to make left turns in and out of both her business and the
McDonalds location. She presented a petition with 118
signatures from neighbors and parents of children kept in
her daycare facility in opposition to the zoning.
The applicant stated that, in keeping with what Staff had
talked about relative to the 200 -foot depth along the north
side of Markham Street, that they would amend and had, in
fact, intended to show only a 200 -foot depth on the
westernmost lot involved in this zoning request.
There was a lengthy discussion of the Heights/Hillcrest Plan
and the previous Board policies relative to office zoning in
this are and finally a motion was made to approve the
December 15, 1981
Item No. 14 - Continued
application as filed. The motion failed on a vote of
4 ayes, 5 noes, 1 absent and 1' abstention (Bill Rector
abstained). Because Planning Commission Bylaws require a
vote -either in favor or against with a majority of the
membership of the Planning Commission, the matter was
deferred automatically to January 12.
4
January 12, 1982
ZONING
Item No. 2 - Z-3781
OWNER:
APPLICANT:
LOCATION:
REQUEST:
PURPOSE:
SIZE:
EXISTING USE:
Jeanne Hoover and Edna Jones
John L. Burnett
4908 to 4932 West Markham Street
Rezone from "R-3" Single Family
and "0-3" General Office to "C-3"
General Commercial
Wendy's Restaurant
40,000 Square Feet +
Residential and Daycare Center
SURROUNDING LAND USE AND ZONING:
North
- Residential
- Zoned "R-3"
South
- City Park -
Zoned "R-2"
East -
Residential -
Zoned "R-3"
West -
Residential -
Zoned "0-3"
PLANNING CONSIDERATIONS:
No adverse comments have been received from any reviewing
agency regarding this request. Staff does expect
considerable neighborhood opposition. The proposed rezoning
is not compatible with either the Heights/Hillcrest Plan or
past Board of Directors' policy with regard to the Markham
Street corridor, which has permitted office development
within the first 200 feet north of Markham Street.
The proposed development would be accomplished with two
access points to Markham Street, thereby limiting curb cuts
to two. At least five curb cuts exist, one for each lot
fronting on Markham Street. The daycare facility generages
a number of left -turn movements off the eastbound lane of
Markham Street during the morning peak hour of traffic, and
there is no conflicting intersecting street to the south.
The Heights/Hillcrest Plan and previous Board actions
indicate that this area is suitable for office use rather
than commercial, and one of the five lots is presently zoned
"0-3." If commercial zoning is permitted on this property,
the north side of Markham Street will then be committed to
commercial development between University Avenue and Cedar
Street. Staff feels that this is undesirable and assumes
that the Planning Commission and Board of Directors also
felt it to be undesirable when the Heights/Hillcrest Plan
was approved.
0
January 12, 1982
ZONING
Item No. 2 - Continued
STAFF RECOMMENDATION:
Staff recommends approval of "0-3" General Office on this
property.
COMMISSION ACTION:
(December 15, 1981)
The applicant was present, and there were several objectors.
The applicants showed a rendering to the proposed Wendy's
Restaurant, stating that it had been specially designed for
this location, that it would be a $600,000 project which
would ultimately employ 54 people with a $250,000 to
$300,000 payroll and that it would generate $40,000 to
$50,000 sales tax annually. The applicant discussed the
site choice made by the Wendy's Restaurant, discussing the
differences between this location and the McDonald's
location, and also discussed several of the design elements
and the design differences between the two.
The applicant introduced Ernie Peters, traffic engineering
consultant, who discussed specific traffic issues and went
over the site plan with the Planning Commission in detail.
Mr. Peters stated that they were projecting 1,610 vehicles
per day for the restaurant facility, stating that the
expected peak hour was between noon and 1:00 p.m., in which
406 vehicle trips, 203 in and 203 out, were expected. He
stated that there was an expectation of a 50/50 directional
distribution of peak hour traffic; i.e.., roughly half would
be coming from the west side of the restaurant, with the
other half coming from the east side of the restaurant. He
stated that over the years the Markham Street two-way
traffic volume had ranged in the area of 17,000 vehicle
trips per day. There were several questions from the
Planning Commission regarding hours of operation and others,
and in answer to those questions the applicant stated that
the Peak hour in the evening was between 6:00 and 7:00 p.m.
in the winter hours, and approximately 1/2 hour later in the
summer daylight savings hours. He stated that there were no
morning hours for Wendy's in that the restaurant does not
serve breakfast and does not open to its employees until
approximately 10:30 a.m.
The applicant further stated, talking about the
Heights/Hillcrest Plan, that the plan indicated that office
uses were appropriate for this location, and he pointed out
that the restaurant would serve mostly existing traffic
rather than generating additional traffic of its own as
office development would. He stated that he felt there was
0
3
January 12, 1982
ZONING
Item No. 2 - Continued
little demand for office use in the area shown on the
Heights/Hillcrest Plan, mostly because of its size and the
type of offices that are now being preferred by customers.
He stated that there are nearly 10,000 employees in this
state and city complex, the Medical Center and the park
area, plus their clients, patients and vendors, enough to
consider that general area a small city. He said that such
a large concentration of people would require retail
services and, since very little retail services exist in
this area, those people more likely get in their cars to go
elsewhere during the lunch hour peak time. He argued that
the Wendy's Restaurant would, in fact, have quite a bit of
walk-up traffic.
Michael Smith, owner of an adjacent property facing on
Markham Street, provided the Planning Commission with a
brief history of the commercial encroachment in this area,
and spoke in opposition to the zoning request.
Charles Black of 4934 West Markham, disputed traffic figures,
using data he had collected from national advertising
sources and talked about figures that were conflicting with
the traffic engineering information. He also talked about
the failure of the notice to indicate the correct addresses.
He talked about trash problems with McDonalds vandalism
which he blamed on the existence of McDonalds, including
"stealing our mail." He discussed the many wrecks that had
occurred relative to McDonalds drive-in situation and stated
that McDonalds had made many promises when it was first
located there and at least six of those promises had not
been fulfilled. Gail Lanier, who said she was associated
with the Small World Daycare Center located on the site
proposed for Wendy's, discussed traffic problems on Markham
Street that her customers have, telling how difficult it is
to make left turns in and out of both her business and the
McDonalds location. She presented a petition with 118
signatures from neighbors and parents of children kept in
her daycare facility in opposition to the zoning.
The applicant stated that, in keeping with what Staff had
talked about relative to the 200 -foot depth along the north
side of Markham Street, that they would amend and had, in
fact, intended to show only a 200 -foot depth on the
westernmost lot involved in this zoning request.
There was a lengthy discussion of the Heights/Hillcrest Plan
and the previous Board policies relative to office zoning in
this are and finally a motion was made to approve the
City of Little Rook
R,Jack Magruder III
! City Attorney
City Hall
Markham at Broadway
Little Rock, Arkansas 72201
371-4527
MEMO R A N D U M
TO:
DIRECTOR BOB HESS
MAYOR BUDDY BENAFIELD
DIRECTOR GALE F. WEEKS
DIRECTOR CHARLES BUSSEY
DIRECTOR LOTTIE SHACKELFORD
DIRECTOR WEBB HUBBELL
VICE -MAYOR MYRA JONES
FROM:
R. JACK MAGRUDER'III
CITY ATTORNEY
RE:
IVAN SMITH V. CITY
DATE:
April 8, 1983
h te Z- 5701
10 -IS5
Attached are copies of the decision sustaining your rezoning
of the Wendy's site in the above styled case and the dissent
by Justices Hickman, Purtle and Smith.
Call if you have questions or need additional information.
RJM : j s
�Attachments (2)
V �=� I�+c6t4 W00A