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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