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HomeMy WebLinkAboutZ-4234 Staff AnalysisMay 29, 1984 Item No. 12 - Z-4234 Owner: McDonald's Corporation Applicant: Don F. Hamilton Location: Jackson at "A" Street, Southwest Corner Request: Rezone from "R-3" Single Family to "C-3" General Commercial Purpose: Restaurant Parking Lot Size: 14,200 square feet Existing Use: Restaurant Parking Lot SURROUNDING LAND USE AND ZONING: North - Single Family, Zoned "R-3" South - Commercial, Zoned "C-3" East - Single Family, Zoned "R-3" and "R-5" West - Office, Zoned "R-3" and "C-3" PLANNING CONSIDERATIONS: 1. This site is the location of the McDonald's on West Markham Street, more particularly that portion of the property that is being used for a parking lot. The parking lot was permitted through action by the Board of Adjustment. The building itself is zoned "C-3" and not an issue. The proposal is to rezone the parking lot which abuts both "A" and Jackson Streets and design a new access point onto "A" Street. At this time, no specific plans have been submitted, so this office is unable to determine whether this driveway will be used for an entrance or an exit. Either type use of the proposed access is inappropriate for "A" Street and would create some adverse impacts on the neighborhood. "A" Street is a substandard street and could not handle additional increase in traffic flow. The entire street network in this area is suspect as to whether it can properly function with heavier traffic loads and additional turning movements. Jackson Street between "A" and Markham is also questionable for increases in traffic. May 29, 1984 Item No. 12 - Continued 2. The property is developed as a parking lot with an accessory building at the northwest corner. 3. There are no right-of-way issues or Master Street Plan requirements associated with this request. 4. There have been no adverse comments received from the reviewing agencies at this time. 5. The overriding legal issue is whether this request is an attempt to circumvent the review procedure of the Board of Adjustment. Also, there was litigation after the Board's approval and it is the staff's understanding that the court held some control over this matter in upholding the Board of Adjustment. This office has requested the City Attorney to prepare to respond to these issues at the Public Hearing. 6. The neighborhood's position to further commercial zoning in the area is well documented, and staff has received a number of calls from residents opposed to this request. The Board of Adjustment granted the variance in 1975 to allow McDonald's to use the property for parking. In granting the variance, the Board also attached a permanent prohibition to curb cuts on "A" and Jackson Streets. Also, a 6 -foot board fence was required along both property lines. This action by the Board placed restrictions on access for the property. The City's action was upheld by Circuit Court and the Arkansas Supreme Court. 7. It appears that the primary purpose of this request is to gain additional access which has been restricted in the past by Board of Adjustment and court action. The staff does not support the rezoning, and the City Attorney has also recommended that the application be denied because of the prior Board of Adjustment case. (See the accompanying memorandum from the City Attorney.) Approving this request would place another undesirable influence on the area and add to the existing problems already faced by the neighborhood. STAFF RECOMMENDATION: Staff recommends denial of the request as filed. May 29, 1984 Item No. 12 - Continued PLANNING COMMISSION ACTION: The applicant, Don Hamilton, was present. There were approximately 10 persons in opposition to the rezoning also present. Mr. Hamilton spoke in support of the request and presented a history of the property in question. He stated that a replat also had been filed to address the question of access. Mr. Hamilton felt that the platting process could address some of the issues that have surfaced in the past with the filing of a Bill of Assurance with the replat. The Bill of Assurance would ensure certain conditions such as restricting the driveway to an exit and left turn only movement and that the gate would only be open between 7 a.m. and 2:30 p.m. Mr. Hamilton stated that circumstances have changed to create new hardships. These hardships and a serious traffic problem on West Markham are the reasons for attempting to gain a new exit point. He also indicated that McDonald's had agreed to upgrading a portion of "A" Street. Mike Batie of the City's Engineering staff acknowledged the traffic hazard on West Markham and that the new access onto "A" Street could be an engineering solution to that problem. Ernie Peters, a traffic consultant, addressed the traffic and access issues. Mr. Peters stated that when he was employed by the City he supported access on "A" Street. He then discussed the traffic movement for the area and traffic counts. He estimated that 1,300 cars a day were coming into McDonald's and of that figure, approximately 50 percent was drive-thru traffic. Mr. Peters felt that possibly as many as 600 cars would utilize "A" Street if there was a new drive and that would reduce the traffic turning onto West Markham by about one-half. The Commission discussed these figures and the traffic issue at length. Mr. Peters also said that circumstances had changed and that an exit only drive on "A" would help remedy some of the problems. George Wimberly, spokesperson for the neighborhood, presented a petition with 37 signatures opposed to the rezoning to the Commission. Mr. Wimberly spoke against the proposal and also presented a history of the issue. He stated that McDonald's had created their own problem and that the street system does not function. He felt that new attempts by McDonald's to gain access was a way of trying to get around all the previous Board of Adjustment and court actions. Don Hamilton then spoke again and commented on Mr. Wimberly's statements. After additional discussion, Mr. Hamilton requested to withdraw the item. A motion to withdraw the rezoning passed by a vote of 8 ayes, 0 noes, 1 absent and 2 abstentions (John Schlereth and John Clayton).