Oklahoma City zoning commissioners hit a stalemate Thursday on whether to rezone historic Classen Circle to allow the construction of a Braum’s restaurant there, but the landowner said he planned to raze the site for redevelopment regardless of the Braum’s decision.

Commissioners mustered only a 3-3 tie on whether to rezone the parcel. But it was the announcement by the Red Oak Properties’ attorney, David Kennedy, that shocked protesters of the Braum’s proposal, reported The Oklahoman newspaper.

On Thursday, Kennedy said Red Oak will tear down the Donnay Building, one way or another. He said it then would seek to develop a more intensive project for the block, such as a large hotel, if the Braum’s proposal is rejected. “The prognosis for that building, short-term and long-term, is … we are going to demolish it next spring,” Kennedy said.

In addition to protests against razing the site, a few commissioners also were swayed about residents’ concerns about traffic congestion around a new Braum’s. KFOR-TV reported on planning commissioner Jan Powers’ objections:

Without a traffic study or traffic plan, she said it is hard for her to see what Braum’s has in mind. She said she can’t support the application without those plans in front of her. Ward 6 Planning Commissioner Asa Highsmith also said that he couldn’t support the plan at this moment because he is worried about the walkability of the site. He also said that without a comprehensive plan, there are too many questions left unanswered.

More than 13,000 people signed an online petition opposing the plan. A Save Classen Circle page on Facebook drew more than 900 fans, and dozens of people attended a public hearing in mid-September to oppose the plan.

A lawyer for Braum’s asked the commission to advance the matter to the city council without a recommendation. Commissioners instead voted to table it until their next meeting Oct. 12.

Classen Circle is home to the HiLo Club, Drunken Fry, Classen Cafe, Charlie’s Records and a few apartments. The main structure, known as the Donnay Building, was built in 1948.

According to Jim Ross’ “Oklahoma Route 66” book, Classen Circle sat on a 1950s alignment of Route 66. Current-day Oklahoma Highway 66, overlaid onto Interstate 44, also sits nearby.

(Image of Classen Circle in Oklahoma City by Matthew Rutledge via Flickr)