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HomeMy WebLinkAbout50-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 50-22 File Number: 2022-0088 APPEAL CUP-2021-052 (3349 W. WEDINGTON DR./GLIDE XPRESS CAR WASH): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS TERESA TURK, HOLLY HERTZBERG AND MARK KINION AND APPROVE THE CONDITIONAL USE PERMIT CUP 2021-052 FOR A GLIDE XPRESS CAR WASH AT 3349 WEST WEDINGTON DRIVE WHEREAS, on January 10, 2022, the Planning Commission denied Conditional Use Permit CUP 2021-052, submitted by Morrison Shipley & Associates, Inc. for a Glide Xpress Carwash at 3349 West Wedington Drive; and WHEREAS, Council Members Teresa Turk, Holly Hertzberg and Mark Kinion have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves conditional use permit CUP 2021-052 with the following additional or changed conditions: Conditions of Approval: 1. Determination of compatibility. Staff finds the proposed car wash to be compatible with the surrounding neighborhood and the City's long-range plans for the area; 2. This conditional use permit is limited to the use for Glide Xpress as described in Page 1 Printed on 2H7/22 Resolution: 50-22 File Number.' 2022-0088 the applicant's request letter. This conditional use permit is non-transferrable to a different business or property owner. The following specifications apply: • Size of the business: Approximately 4,925 square feet • Hours of operation: 7:00 AM - 8:00 PM (Monday - Sunday) • Parking: 5 off-street spaces • Number of employees: Approximately 7 • Customers: Approximately 300 per day 3. Approval of this conditional use permit does not ensure approval of a development application. The conditional use permit grants the applicant rights to submit a development proposal based on the conceptual layout included herein. The applicant shall comply with all other development requirements, including but not limited to, tree preservation, drainage, exterior lighting, utility installation, and Fire Department access standards. These details shall be reviewed with the development application; 4. A business license shall be obtained for the proposed business at this location prior to occupancy of the property; 5. Any future expansion or change in the use shall require Planning Commission approval; and 6. Signs shall be limited to those permitted by UDC §174. Any proposed signage shall be reviewed for compliance with the underlying zoning district and shall be permitted by a separate sign permit prior to installation. PASSED and APPROVED on 2/15/2022 Attest: r� Kara Paxton, City Clerk Treasurer'�� Y EVIL lild Page 2 Printed on 2117122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 u Text File File Number: 2022-0088 Agenda Date: 2/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: C.1 File Type: Resolution APPEAL CUP-2021-052 (3349 W. WEDINGTON DR./GLIDE XPRESS CAR WASH): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS TERESA TURK, HOLLY HERTZBERG AND MARK KINION AND APPROVE THE CONDITIONAL USE PERMIT CUP 2021-052 FOR A GLIDE XPRESS CAR WASH AT 3349 WEST WEDINGTON DRIVE WHEREAS, on January 10, 2022, the Planning Commission denied Conditional Use Permit CUP 2021-052, submitted by Morrison Shipley & Associates, Inc. for a Glide Xpress Carwash at 3349 West Wedington Drive; and WHEREAS, Council Members Teresa Turk, Holly Hertzberg and Mark Kinion have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves conditional use permit CUP 2021-052 with the following additional or changed conditions: Conditions of Approval: 1. Determination of compatibility. Staff finds the proposed car wash to be compatible with the surrounding neighborhood and the City's long-range plans for the area; 2. This conditional use permit is limited to the use for Glide Xpress as described in the applicant's request letter. This conditional use permit is non-transferrable to a different business or property owner. The following specifications apply: • Size of the business: Approximately 4,925 square feet • Hours of operation: 7:00 AM - 8:00 PM (Monday - Sunday) • Parking: 5 off-street spaces • Number of employees: Approximately 7 • Customers: Approximately 300 per day 3. Approval of this conditional use permit does not ensure approval of a development application. The conditional use permit grants the applicant rights to submit a City of Fayetteville, Arkansas Page 1 Printed on 211712022 File Number: 2022-0088 development proposal based on the conceptual layout included herein. The applicant shall comply with all other development requirements, including but not limited to, tree preservation, drainage, exterior lighting, utility installation, and Fire Department access standards. These details shall be reviewed with the development application; 4. A business license shall be obtained for the proposed business at this location prior to occupancy of the property; 5. Any future expansion or change in the use shall require Planning Commission approval; and 6. Signs shall be limited to those permitted by UDC §174. Any proposed signage shall be reviewed for compliance with the underlying zoning district and shall be permitted by a separate sign permit prior to installation. City of Fayetteville, Arkansas Page 2 Printed on 211712022 HALL E,ISTILL I�� RECEIVED JAN 19 2022 rl-i t�FLERK'S OFFICE January 19, 2022 VIA US MAIL& E-MAIL MAYOR@FAYETTEVILLE-AR.GOV Lioneld Jordan, Mayor City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Fayetteville City Council Kara Paxton, City Clerk cityclerkna,fayettevil le-ar. gov Re: Requested Appeal of CUP — 2021 — 000052 Dear Mayor, City Council Members and Ms. Paxton: Robert K. Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com I have been retained by the developers and applicants to request that three (3) Council Members sponsor an Appeal of the Planning Commission's denial of this CUP. I am attaching the ,staff's report for the January 10, 2022 meeting in which they recommended approval of this CUP. It was a close vote, 4 to 3 rejecting the staff s recommendation. My client feels confident that had the eighth commissioner been there it would've been 4 to 4, obviously that still wouldn't have passed the recommendation but I say that to tell you how close the vote was and would hope that that would bode in our favor to get our rationale and reasons of this CUP request before the full City Council. It seems with a staff recommendation and a close commission vote these Petitioners certainly "deserve their day in court" (Court here being City Council). I think that there are plenty of arguments to be made and some of these arguments resonated at least with three (3) commissioners that this CPU and the project itself is quite compatible and not detrimental to the rest of the area. It would require no curb cuts onto Wedington. The landscaping plans certainly are an attribute. There's no public comment against the CPU, and as a matter of fact, the public living in Ward 4 would probably love this modern day, never seen in Fayetteville, type of car wash. With all that said I will be reaching out to the two (2) ward members covering Wedington, specifically asking them to sponsor this "day in court" and of course will reach out to any other Council Member who would want to join them making the required three (3) sponsors in order to get this appeal queued up for the full Council. All of this will have to be done no later than Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com Lioneld Jordan City Council Kara Paxton January 19, 2022 Page 2 Tuesday, January 25`h, by at least three (3) councilmembers asking the City Clerk to put this on the Council's agenda. I thank you in advance for your consideration in this matter and stand ready, willing and able to answer any questions and of course if it gets to Council we will have considerably more things to say about the project and be able to respond to any questions. Sincerely yours, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Al Robert K. Rhoads Robert K. Rhoads RKR:slt Enclosure cc: Kit Williams - city attorneyQ-fayetteville-ar.gov 5142413.1:010075.00001 From: Kinion, Mark <mark.kinion@fayetteville-ar.gov> Sent: Tuesday, January 25, 2022 8:32 AM To: CityClerk Cc: Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; Curth, Jonathan; Harvey, Sonia; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton, Susan; Thurber, Lisa; Turk, Teresa; City_Attorney; Paxton, Kara; RRhoads@hallestill.com Subject: Re: Requested Appeal of CUP-2021-000052 Attachments: image001.png; image002.png; image002.png; image001.png; MaxAlley.Ltr to Mayor, Council & Clerk.pdf I will be happy to sponsor the appeal if two members have already agreed and a third Council Member is needed. Mark Kinion On Jan 20, 2022, at 1:21 PM, CityClerk <cityclerk@fayetteville-ar.gov> wrote: Council Members, Please see the attached from Robert Rhoads. Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(a)_fayettevi I le-ar. gov Website I Facebook I Twitter I Instagram I YouTube From: RRhoads@HallEstill.com <RRhoads@HallEstill.com> Sent: Thursday, January 20, 2022 12:10 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: City_Attorney <city_attorney@fayetteville-ar.gov> Subject: RE: Requested Appeal of CUP-2021-000052 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kara, Did you send this on to all the Council? Thx RKR ROBERT K RHOADS I SHAREHOLDER 75 N. East Ave. I Suite 500 1 Fayetteville, AR 72701 Office: 479-973-5202 1 Cell: 479-236-1414 1 Bio This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying oft his communication is strictly prohibited. If you have received this a -mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. From: Sarita Tedford <stedford@hallestill.com> On Behalf Of Robert K. Rhoads Sent: Wednesday, January 19, 2022 4:10 PM To: mayor@fayetteville-ar.gov; CityClerk <cityclerk@fayetteville-ar.gov>; city attorney@fayetteville-ar.gov Cc: Robert K. Rhoads <RRhoads@Hall Estill.com>; Sarita Tedford <stedford@hallestill.com> Subject: Requested Appeal of CUP-2021-000052 Importance: High Good Afternoon Mayor Jordan, Ms. Paxton and Mr. Williams: Attached please find correspondence with attachment regarding the above referenced subject matter. If you have any questions please contact our office. We appreciate your time and consideration with this matter. Sincerely, Sarita L. Tedford Legal Assistant to Robert K. Rhoads N From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Tuesday, January 25, 2022 9:53 AM To: RRhoads@HallEstill.com; Hertzberg, Holly Cc: Curth, Jonathan; Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; CityClerk; Harvey, Sonia; Batker, Jodi; Jones, D'Andre; Kinion, Mark; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton, Susan; Thurber, Lisa; Turk, Teresa Subject: FW: FW: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 Received, thank you! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk[c)-fayetteville-ar.gov CITY Of FAYETTEVILLE ARKANSAS From: RRhoads@HallEstill.com <RRhoads@HallEstill.com> Sent: Tuesday, January 25, 2022 9:19 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fwd: FW: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please confirm receipt. RKR From: "Holly Hertzberg" <holly.hertzberfznfayetteville-ar. _ og_v> Date: Monday, January 24, 2022 at 3:03:04 PM To: "Robert K. Rhoads" <RRhoadskHallEstill.com>, "Teresa Turk" <teresa.turkkfayetteville-ar.gov> Subject: Re: FW: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 Robert, I would be happy to sponsor this item with Council Member Turk. Holly Hertzberg City Council Member Ward 4 Position 2 Fayetteville, AR 72701 holly. hertzberg(aD-fayetteville-ar.gov 479.777.1758 On Jan 24, 2022 at 2:40 PM, <RRhoads> wrote: CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Holly, if you too agree to sponsor this appeal I feel certain I can get one more sponsor. Thx RKR From: Turk, Teresa <teresa.turk@favetteville-ar.gov> Sent: Monday, January 24, 2022 12:49 PM To: Robert K. Rhoads <RRhoads@HallEstill.com> Subject: Re: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 Hi Robert, If you still need an additional person to sponsor this as appeal, I will do so only because I believe in allowing the appeal process to proceed. I haven't had time to review the material or merits of the appeal. Teresa From: RRhoads@HallEstill.com <RRhoads@HallEstill.com> Sent: Thursday, January 20, 2022 5:07 PM To: Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville-ar.gov> Subject: RE: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. HH & TT: will you two please sponsor this since it's in your Ward? I'm not asking at this juncture for your support on the merits, just a chance to be heard out at Council. Please let me know one way or another by Monday. Thx RKR From: CityClerk <cityclerk@favetteville-ar.gov> Sent: Thursday, January 20, 2022 1:21 PM To: Bolinger, Bonnie <bbolinger@favetteville-ar.gov>; Pennington, Blake <bpennington@favetteville-ar.gov>; Brown, Chris <cbrown@favetteville-ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; CityClerk <cityclerk@fayetteville- ar.gov>; Curth, Jonathan <icurth@favetteville-ar.gov>; Harvey, Sonia <sonia.harvev@favetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov>; Batker, Jodi <ibatker@favetteville-ar.gov>; Jones, D'Andre <dandre.iones@favetteville-ar.gov>; Kinion, Mark <mark.kinion@favetteville-ar.gov>; Johnson, Kimberly <kiohnson@favetteville-ar.gov>; Rogers, Kristin <krogers@favetteville-ar.gov>; Williams, Kit <kwilliams@favetteville- ar.gov>; Branson, Lisa <Ibranson@favetteville-ar.gov>; Jordan, Lioneld <liordan@favetteville-ar.gov>; Mathis, Jeana <imathis@favetteville-ar.gov>; Mulford, Patti <pmulford@favetteville-ar.gov>; Rea, Christine <crea@fayetteville- ar.gov>; Scroggin, Sloan <sloan.scroggin@favetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov>; Thurber, Lisa <Ithurber@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville-ar.gov> Cc: City_Attorney <city attorney@favetteville-ar.gov>; Paxton, Kara <kapaxton@favetteville-ar.gov>; Robert K. Rhoads <RRhoads@HallEstill.com> Subject: [EXTERNAL]:RE: Requested Appeal of CUP-2021-000052 Council Members, Please see the attached from Robert Rhoads. Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(@fayetteville-ar.qov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS From: RRhoads@HallEstill.com <RRhoads@HallEstill.com> Sent: Thursday, January 20, 2022 12:10 PM To: CityClerk <cityclerk@favetteville-ar.gov> Cc: City_Attorney <city attorney@favetteville-ar.gov> Subject: RE: Requested Appeal of CUP-2021-000052 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kara, Did you send this on to all the Council? Thx RKR HALL ROBERT K RHOADS I SHAREHOLDER ESTILL 75 N. East Ave. I Suite 500 I Fayetteville, AR 72701 Office: 479-973-5202 1 Cell: 479-236-1414 1 Bio 1%1 I ti'li NI )'�, .1%1 L. M% This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this e-mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. From: Sarita Tedford <stedford@hallestill.com> On Behalf Of Robert K. Rhoads Sent: Wednesday, January 19, 2022 4:10 PM To: mayor@favetteville-ar.gov; CityClerk <cityclerk@favetteville-ar.gov>; city attorney@favetteville-ar.gov Cc: Robert K. Rhoads <RRhoads@HallEstill.com>; Sarita Tedford <stedford@hallestill.com> Subject: Requested Appeal of CUP-2021-000052 Importance: High Good Afternoon Mayor Jordan, Ms. Paxton and Mr. Williams: Attached please find correspondence with attachment regarding the above referenced subject matter. If you have any questions please contact our office. We appreciate your time and consideration with this matter. Sincerely, Sarita L. Tedford Legal Assistant to Robert K. Rhoads CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: January 28, 2022 CITY COUNCIL MEMO SUBJECT: CUP-2021-000052: Conditional Use Permit (3349 W. WEDINGTON DR./GLIDE XPRESS CAR WASH, 440): Submitted by MORRISON SHIPLEY & ASSOCIATES, INC. for property located at 3349 W. WEDINGTON DR. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.75 acres. The request is for Use Unit 17, Transportation Trades and Services, in an RPZD. RECOMMENDATION: City staff recommends approval and the Planning Commission recommends denial of a request for a conditional use permit for a car wash as described and shown below. BACKGROUND: The subject property is located in west Fayetteville at the southeast corner of Wedington Drive and Salem Road. Historical aerial imagery suggests that the property was previously developed with two small commercial buildings which were demolished in 2010. The property is largely clear now, though one parking lot remains on the site. The property was rezoned in 2008 as part of the Forest Hills Planned Zoning District. Request: The applicant requests a conditional use permit to construct a car wash on the property. Car washes are classified as Use Unit 17, Transportation Trades and Services, which is a conditional use in the Forest Hills Planned Zoning District. The following specifications were included with the request: • Size of business: Approximately 4,925 square feet • Hours of operation: 7:00 AM — 8:00 PM (Monday — Sunday) • Parking: 5 off-street spaces • Number of employees: Approximately 7 • Customers: Approximately 300 per day Findings: Staff finds that the proposed car wash facility is generally compatible with adjacent properties. The property is located along an auto -oriented thoroughfare and the hours of operation, architectural design requirements tied to the RPZD, and proposed access onto Salem Road should limit any adverse impacts of the business on neighboring properties and the public Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 more generally. Staff also finds the request to be generally compatible with the City's long-range plans. Establishments that fall under Use Unit 17 are designed to fulfill recurrent needs of nearby residents but are typically incompatible with more urban -oriented zoning districts. The property is intended for commercial development under City Plan 2040's Future Land Use Map designation as a City Neighborhood Area. City Neighborhood Areas encourage commercial development at street intersections and along major corridors which provide services that are accessible for the convenience of individuals living in residential districts. Development of this site could lead to increased walkability since the sidewalk along Salem would need to be extended, though the use of the site as a car wash would not provide any services for pedestrians. Public Comment: Staff has received no public comment regarding this request. DISCUSSION: At the December 13, 2021 Planning Commission meeting, the item was tabled with a vote of 9- 0-0; Commissioner Garlock made the motion with a second from Commissioner Canada. The applicant shared a new site plan at the meeting which showed the building reoriented along Salem Road rather than Wedington Drive. While the applicant shared that the updated plan would improve tree preservation, some commissioners had reservations about placing a drive aisle along Wedington Drive. Commissioners recommended tabling the item to give the applicant time to finalize their plans. No public comment was offered at the meeting. At the January 10, 2022 Planning Commission meeting, a vote to deny the item passed with a vote of 5-3-0; Commissioner Garlock made the motion with Commissioner Winston seconding. Commissioners Sparkman, Sharp, and Belden voted against the denial. Commissioners Johnson, Winston, Madden, Wiederkehr, and Garlock voted in favor of the denial. Those commissioners expressed concerns about the compatibility of the car wash with the surrounding area and its potential incompatibility with City Plan 2040's Growth Concept Map. Commissioners in favor of the request found the proposal to be compatible with Wedington's current commercial and auto - oriented character. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit 'A' • Planning Commission Staff Report CUP-2021-000052 Glide Xpress Car Wash Close Up View 0 v`t ao PRIVATE 3400 CUP-2021-000052 EXHIBIT 'A' ru"LIC 11180 / tY G / O 0 � I � O % --------- - ----- O WEDINGTOWDR -------------- ------------ P* Regional Link - High Activity Planning Area u - -, Fayetteville City Limits - - - Trail (Proposed) Design Overlay District ISubject Property BLACK FOREST DR V co R-O Feet 0 75 150 300 450 600 1 inch = 200 feet ■ RMF-2 I A& NORTH RM F-24 Residential -Office C-1 C-2 Commercial, Industrial, Residential CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: January 10, 2022 (Updated with results from 01/10/22 PC hearing) SUBJECT: CUP-2021-000052: Conditional Use Permit (3349 W. WEDINGTON DR./GLIDE XPRESS CAR WASH, 440): Submitted by MORRISON SHIPLEY & ASSOCIATES, INC. for property located at 3349 W. WEDINGTON DR. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.75 acres. The request is for Use Unit 17, Transportation Trades and Services, in an RPZD. RECOMMENDATION: Staff recommends approval of CUP-2021-000052 with conditions, based on the findings contained in this report. RECOMMENDED MOTION: "I move to approve CUP-2021-000052 with conditions, determining: In favor of compatibility with adjacent properties; and In favor of all other conditions as recommended by staff." DECEMBER 13, 2021 PLANNING COMMISSION MEETING: On December 13th, the item was tabled by the Planning Commission until the meeting scheduled for January 10t", 2022. The applicant shared a new site plan at the meeting which showed the carwash oriented along Salem rather than Wedington. Commissioners requested that the applicant clarify how the building will be oriented and share an updated site plan. In the intervening weeks, the applicant has provided a revised landscape plan. BACKGROUND: The subject property is located in west Fayetteville at the southeast corner of Wedington Drive and Salem Road. Historical aerial imagery suggests that the property was previously developed with two small commercial buildings which were demolished in 2010. The property is largely clear now, though one parking lot remains on the site. The property was rezoned in 2008 as part of the Forest Hills Planned Zoning District. Surrounding land uses and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Offices C-2, Thoroughfare Commercial South Recreational Facility RPZD, Residential Planned Zoning District East Neighborhood Shopping C-1, Neighborhood Commercial; R-O, Residential -Office West Restaurant I RPZD, Residential Planned Zoning District City Plan 2040 Future Land Use Designation: City Neighborhood Area Request: The applicant requests a conditional use permit to construct a car wash on the property. Car washes are classified as Use Unit 17, Transportation Trades and Services, which is a conditional use in the Forest Hills Planned Zoning Development. The following specifications were included with the request: • Size of the business: Approximately 4,925 square feet • Hours of operation: 7:00 AM - 8:00 PM (Monday - Sunday) • Parking: 5 off-street spaces • Number of employees: Approximately 7 • Customers: Approximately 300 per day Public Comment: Staff has not received any public comment regarding this request. RECOMMENDATION: Staff recommends approval of CUP-2021-000052, subject to the following conditions: Conditions of Approval: 1. Planning Commission determination of compatibility. Staff finds the proposed car wash to be compatible with the surrounding neighborhood and the City's long-range plans for the area; 2. This conditional use permit is limited to the use for Glide Xpress as described in the applicant's request letter. This conditional use permit is non-transferrable to a different business or property owner. The following specifications apply: • Size of the business: Approximately 4,925 square feet • Hours of operation: 7:00 AM - 8:00 PM (Monday - Sunday) • Parking: 5 off-street spaces • Number of employees: Approximately 7 • Customers: Approximately 300 per day 3. Approval of this conditional use permit does not ensure approval of a development application. The conditional use permit grants the applicant rights to submit a development proposal based on the conceptual layout included herein. The applicant shall comply with all other development requirements, including but not limited to, tree preservation, drainage, exterior lighting, utility installation, and Fire Department access standards. These details shall be reviewed with the development application; 4. A business license shall be obtained for the proposed business at this location prior to occupancy of the property; 5. Any future expansion or change in the use shall require Planning Commission approval; and 6. Signs shall be limited to those permitted by UDC §174. Any proposed signage shall be reviewed for compliance with the underlying zoning district and shall be permitted by a separate sign permit prior to installation. PLANNING COMMISSION ACTION: Required YES Date: January 10, 2022 O Tabled O Approved ® Denied (Motion: Garlock ISecond: Winston jVote: 5-3-0 (motion to deny) FINDINGS OF THE STAFF §163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for Use Unit 17 in an RPZD zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under Unified Development Code §161.35 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use permit may not adversely affect the public interest. The request to add a car wash facility on the property is generally compatible with the surrounding neighborhood and the City's long-range plans. Establishments that fall under Use Unit 17 are designed to fulfill recurrent needs of nearby residents but are typically incompatible with more urban -oriented districts. The proposal to place an auto wash facility along a major thoroughfare while restricting access to a Residential Link Street is ideal since it will not lead to increased traffic that would adversely affect the public interest. Regarding the City's long-range plans, the property is intended for commercial development under City Plan 2040's Future Land Use Map designation as a City Neighborhood Area. City Neighborhood Areas encourage commercial development at street intersections and along major corridors which provide services that are accessible for the convenience of individuals living in residential districts. Development of this site would also lead to increased walkability since the sidewalk along Salem would need to be extended to Wedington, and the sidewalk along Wedington would need to be improved to meet current city standards. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: N/A; there are no specific rules governing this request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Per the submitted site plan, the property will access Salem Road through a shared driveway and no direct access will be provided onto Wedington Drive. Accident data suggests that the proposed entrance from Salem Road is the safest location for ingress and egress, with only two accidents recorded at that location. The intersection of Salem and Wedington experienced at least 50 documented accidents between 2015 and 2018, of which seven included injury. Given the significant amount of through traffic along Wedington, staff is supportive of the applicant's proposal for access with due acknowledgement for the legal rights associated with property ownership along a public street. Improvements to the sidewalk along Salem and Wedington will be determined at the time of development review. The applicant has shown an intent to extend the sidewalk along Salem and improve the existing sidewalk along Wedington, both of which would enhance pedestrian access to and through the site. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: Five off-street parking spaces and 33 vacuum parking bays are proposed with this development. The City's parking ordinance allows four traditional parking spaces per each enclosed service bay at an auto wash. Vacuum parking bays do not count toward the property's total parking requirement. With five parking spaces and at least two services bays provided, staff finds that the current proposal is meeting parking allowances. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: The property has access to City water and sewer. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The subject property is surrounded by multi -family dwellings to the southeast. Those dwellings are proposed to be screened with vegetation. Additional screening, if necessary, will be determined at the time of development review. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Any proposed signage will be subject to §174 and all the regulations therein. (g.) Required yards and other open space; and Finding: Based on the applicant's submittal, the development appears to meet the setback requirements of the Forest Hills RPZD. Compliance with zoning and development regulations will be fully reviewed at the time of development review. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposed car wash facility is generally compatible with adjacent properties. The project is located along an auto -oriented thoroughfare and the hours of operation, the architectural design requirements tied to the RPZD, and the proposed access onto Salem should limit any adverse impacts of the business on neighboring properties and the public more generally. BUDGET/STAFF IMPACT: None Attachments: • Forest Hills PZD — Phase I Regulations • Request Letter • Site Plan • Building Elevations • One Mile Map • Close -Up Map • Current Land Use Map PLANNING AREA 1-COMMERCIAL/RETAIL— AREA 1 —COMMERCIAL "THE SHOPPES AT FOREST HILLS" The commercial development along the Wedington Drive corridor will be the hub of activity for Forest Hills. This area will be located on the northern portion of the site where there is currently little to no tree cover. Salem Road (three and four lanes) and water & sewer utilities will be constructed to the south portion of the commercial tract. The first phase of the commercial development will take place on the west side of the Salem Road extension where a Wal-Mart Neighborhood Market is planned. The current traffic signal at Salem Road and Wedington Drive will be modified to be a four-way light. The commercial portion of Forest Hills will consist of restaurants (both sit-down and drive through), a grocery store, and smaller retail shops. All parking areas within the commercial development area will be interconnected to provide access between establishments without having to re -access Salem Road. The commercial retail section of the development is projected to be medium density, single storey and multi -tenant. The area will be anchored by a Neighborhood Market flanked by second tier, specialty retailer; oriented to central parking. The Wedington frontage will be divided into out -parcels for sale or lease to free standing tenants. Anticipated uses include a Walgreens, Starbucks, branch bank, computer center office buildings and restaurant. The rear facades of the Neighborhood Market and the flanking, single -story retail will either receive six (6) foot opaque screens or dense planting screens. The rear of the buildings will be screened to Salem and Jewel. COMPUTER CENTER -- -- -- NDR11 EIEVASION _nnlFllue.. r r r r r r r IIIII�� uuw ti�2 Inl uno uun nlu - �_1d1111111_ i-.i i� r Area 1 — Retail/Office F O R E S T H I L L S d r,, , e d u" 9 p I a n n e d z o I,. " g d , r l a p m, n i 12 A. Permitted Uses Unit 1 City wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 34 Liquor store B. Conditional Uses Unit 2 City wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trades and services Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit40 Sidewalk Cafes C. Residential Density and Non -Residential Intensity Planning area acreage: 22.41 acres Number of dwelling units: None Non-residential building square feet: 119,866 SF Residential density: None Non-residential intensity (S.F./acre): 5,349 SF/AC AREA T - COMMERCIAL cingular 4 Y' - �IJ■■■s ■ ■■■■ -_■■■■ ■■■■■■ 700M Bulk and Area Regulations: D. Minimum Lot Width: Not Applicable E. Minimum Lot Area: Not Applicable F. Land Area per Dwelling Unit: Not Applicable G. Setback Requirements: Front: 20 feet, Side adjacent to non-residential: zero, Side adjacent to residential: 15 feet, Rear; 20 feet L O R E S T H I L L S I m, x e d- ., e p I a n n e d z o n , g d e v e I n p m e n t 13 H. Height Regulations: Building heights are regulated to 40' above finish grade. I. Building Area: any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Site Planning: J. Landscaping: In accordance with City of Fayetteville landscape ordinance. AREA'1' - OUT -PARCEL RETAIL OFFICE K. Parking: Parking shall be in accordance with the Unified Development Code. L. Architectural Design Standards: All structures will be street scale, one to two stories. The facilities will utilize Neighborhood Market's color scheme of "rust" base brick; "clay" accent brick, camel tone E.I.F.S., and green metal roofing/canopies and the gabled pediment with flattened eaves. These materials will be mixed thru-out all the structures to provide a cohesive personality. The multiple roof forms will add variation to the street image massing. The City's landscaping and signage requirements will be incorporated. M. Signage: signage for Planning Area 1 shall be in accordance with a commercial zoning district. Only monument signs are permitted. Pale/pylon signs are prohibited. PART OF PHASE i. b I' ..EIIIIIIIII .illllllllllr �]IIIIII �iIIIIIIIII_.- NEI 4r+niu■I. _�II� O. Area 1 - Commercial F O R E S T H I L L S I m i x e d- u s e p l a n n e d z o n i n g d e v e l o p m e n[ 14 ;;; MORRISON -SHIPLEY November 3, 2021 Fayetteville Planning Department 125 W Mountain Fayetteville, AR 72701 To whom it may concern, HALFF Glide Xpress is requesting a Conditional Use Permit for the proposed Car Wash to be located at 3349 W Wedington Drive, parcel number 765-29419-000. This lot is in the southeast corner of W Wedington and N. Salem Road. The current zoning is PZD. Glide Xpress takes pride in offering their customers a fast, convenient car wash with premium technology and a friendly staff. The establishment has approximately 7 employees that attend to approximately 300 new customers per day. They are open seven days a week from 7:00 AM to 8:00 PM. The 4,925 SF drive-thru car wash building houses the car wash and offices. It has 33 parking bays with vacuums and trash receptacles. The access is off N. Salem Road. The site does have site lighting for the convenience of the customers. Due to the nature of the business and the surrounding area with like businesses, we do not think that there would be a negative impact to the area or an increase to the traffic on Wedington. I have attached the current floor plan, exterior elevations, and the site plan. Respectfully submitted, M. Dirk Thibodaux, ASLA PLA N� //�' 4e Senior Project Manager dThibodaux@halff.com MORRISON-SHIPLEY I HALFF 2407 SE COTTONWOOD STREET TEL (479) 273-2209 WWW.MORRISONSHIPLEYHALFF.COM SUITE 1 BENTONVILLE, AR 72712 N h W Wedington Drive fwINg � �i A t � /. 'zlr(lllllllllllli" I 7/ 3 q.. Allaa. so„ti„pr,.n. ,� p,awa,.aarea. s � s. wacw„ns paopc,.a:�.sl sr,.M,.lmm Its wad. wi... o,awa,. pa,.q. 1eq. Ail sp,ae. P..,m°..,TM..� e.. aes,roioe:ailT. 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Fber Optic Line . Gas Line El Fa. storm oramvpe°L b Nvararrt % valve E. picot 0 epeaesml ® E.. Alrco anlon.r E.. tree MEN ■■■ ■■■ MORRISON—SHIPLEY I HALFF GLIDE XPRESS CAR WASH Fayetteville, AR Issued for Review 22.27.22 LANDSCAPE PLAN hb- v�oiatxo: 1 SHEET i of 1 3349 W WEDINGTON DRIVE. FAYETTEVILLE, ARKANSAS - 01.06.2022 phr� architecture 11JJ +engineering 1; WPOYPRESS REPRESENTATION ONLY, NOT FOR CONSTRUCTION: All images shown area representation of the design intent and may not portray the exact scale, colors, materials, or construction that could occur due to material availability and final architectural modifications. ® 2022 pb2 architecture & engineering All information contained in this document is confidential and may not be used without permission. RIDE THE GLIDE. W77 A� .tra A 1 CAR wr ? CAR WASH CUP-2021-000052 Glide Xpress Car Wash One Mile View NORTH / I 0 0.125 0.25 0.5 Miles I Pi's ■ ■ .�-- I P I � I I � ' RPZD / / F Y_. I RI-12 / W / J / a a , , / Subject Property C 2 I C J C-1 O-- --------------------- / -- -- -- - -- -_-_----�-- - ID - - -- WEDINGTONR - - - - R-O �'� -'' / I I / � I , I � � I / ' S-L / I % � I � I I I C (� i RMF-24 UT rIW I 4a I PERSIMMO N RSF-4 / Zoning 42 Ganarel InelaVial � Regional Link --- I I RESIDENTIAL SINGLE-FAMILY EXTRACTION Neighborhood Link ------ ---a �RI-u COMMERCIAL � Regional Link - High Activity RI-12 �NSL Reaieaneal-OMce Lc-1 Freeway/Expressway � Reaieantlal-Agn.1-1 RSF-.s � c-2 Ica Planned Neighborhood Link - ❑ RSF-2 R. FORM BASED DISTRICTS Dewnmwn Care Planned Residential Link -_ RSF-° R. human mom�gmare Mein BVeat Censer — — Shared -Use Paved Trail RSF-e Downmwn G—.1 - Trail (Proposed) Trail RSF-18 RESIDENTIAL MULTI -FAMILY camnuniN s—,­ Neigh- Services 0. �RMF-8 1♦ Neighbemood co ,aeen Design Overlay District RMF-12 PLANNED ZONING DISTRICTS • � L ��Fayetteville City Limits - - - - - I Planning Area ----1= I I__-__l i--I �RMF-18 �RMF-2° �W10 � Cammardal, Ineuatnal, R�ieeneal INSTITUTIONAL - Planning Area - - - -- Fayetteville City Limits ___ INDUSTRIAL 11 —, cemmardal one Light Induattlal �P-1 CUP-2021-000052 Glide Xpress Car Wash Close Up View 0 v`t ao PRIVATE 3400 ru"LIC 11180 / tY G / O 0 � I � O % — — — — — 0 ---------------I _j_V WEDINGTOWDR ----------------I---- P* Regional Link - High Activity Planning Area u - -, Fayetteville City Limits - - - Trail (Proposed) Design Overlay District Subject Property BLACK FOREST DR V co R-O Feet 0 75 150 300 450 600 1 inch = 200 feet ■ RMF-2 I A& NORTH RM F-24 Residential -Office C-1 C-2 Commercial, Industrial, Residential CUP-2021-000052 Glide Xpress Car Wash 14 'FF�,P, ►' r�,� — �,'� �-" a. y, - Mixed Use T 7 WE DINGTON,DR y15;y ^ gs' ci rF 1 r Y .r �1Pv ia� 1 LH 1 P r F ll Commercial E, sit ''• ' #A Mixed Use Subject Property O r� a =m' • � �'-� - _ � � -re ��,, Zone AE Commercial STUDY ' E - Regional Link - High Activity - - - Trail (Proposed) Planning Area ' Fayetteville City Limits L__, I_ Design Overlay District Feet 0 112.5 225 450 675 1 inch = 300 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Received 02/10/22 4:04 PM Dear City Council Member, Thank you for your time spent in consideration of our item in the upcoming City Council Meeting on Tuesday, February 15 (2022-0088 APPEAL CUP-2021-000052 (3349 W. WEDINGTON DR./GLIDE XPRESS CAR WASH). We are excited to discuss the matter and hope you will approve our CUP. Below is a brief summary of who we are and why we have chosen this location for a Glide Xpress Car Wash. Why Glide Xpress Car Wash at this location? ■ In 2005 there were about 25,000 vehicles per day along W Wedington Dr and much of the existing commercial/retail business had not yet been developed. Fast forward to present day and you can see the drastic changes that have taken place along W Wedington Dr. There are now approximately 12,000 more vehicles per day driving this road. That is a 48% increase in traffic in the past 17 years (2.82% annual increase). Assuming traffic continues to trend upwards for the next 5 years, it is not unreasonable for W Wedington Dr to have over 42,000 vehicles per day by 2026. Between 2010 and 2021, population has increased by nearly 38% within a 1 mile radius from this site. The population is expected to continue to increase at an annual rate of 4.22% for the next 5 years. Today, approximately 80%+ of people wash their cars at a car wash. We have chosen this location because there is a huge demand for a premier car wash service. - The Glide Difference ■ Investing in great people, building a culture: We want our team members to be motivated, enjoy working, and see value in the effort they put in every day. We promote from within. Every manager we have in our entire company, since the first hire, has been promoted from within. We pay above minimum wage for our entry level positions and have a bonus structure throughout the company, giving everyone motivation to treat this place like it's their own and be rewarded for hard work and shared success. ■ Clean, inviting, well -lit property: It's important to us that we keep our property clean and safe. We have 24 spacious covered vacuum stalls with trash receptacles at each stall. We pick up trash and clean the parking lot daily and want our community to know we always keep our sites clean. We also power wash our parking lots every year and as needed. We have 25 security cameras around the property and keep our parking lots well -lit with city approved dark - sky compliant lights. ■ New technology and looking toward the future: We have our own cleaning products that are environmentally -friendly and we feature our RIDE THE GLIDE TM moving floor system. All you have to do is drive on to the dual conveyor and it moves ... no more lining up your wheels on the track. This makes it easier for people to load and less stress of lining up your tire correctly. We also have license plate readers that allow single wash customers and members to come to the wash hands free without even rolling down the window. We have noise cancelling blower and vacuum technology that keeps the car wash operations relatively quiet and sound doesn't protrude into neighboring businesses or neighborhoods. Forward thinking: We are working to wash driverless cars as well and already implementing that into our washes. ■ Community Involvement: Not only is it our goal to provide the greatest car wash experience to all our customers, we also want to make a lasting impact in the community and help people. We are a small business that will be involved in this community to make a difference. We want to help our team members grow and we also want to help the community grow in the best capacity we are fit for. We are working on some new ideas but have several programs that we currently offer including: • We wash all police cars at a major discounted rate. We support the good police officers that keep our community safe and together; • We will team up with local neighborhood schools to help them fundraise for special school programs; • On Veterans Day we will wash all Veterans cars for free; • Once we open, we will always do a fundraiser for a family in the community that is struggling and in need. We will continue to look for those opportunities on an ongoing basis through churches, schools and city programs and through our in person or online fundraiser submittal portal. ■ Value: We provide people with the top industry -leading equipment and building design while offering a low price... 100%+ discount compared to all the other express washes in the area. We price this way because everyone takes pride in a clean car and a clean space, and we want everyone to be able to have that opportunity. The person with a 15-year-old car coming in next to the brand-new Mercedes, both feel like they are getting value for something and are happy. We have deep allegiance to Fayetteville. Several of us attended UofA and lived there for many years. We are in favor of positive growth and we want to see the city continue to flourish. We believe that Glide Xpress will usher in the new era of car washing to the City of Fayetteville and will stand as the absolute best car wash in Northwest Arkansas. Our project will cost over $6 million to build and that is partly because we have the best equipment from all over the world. Combine that with state-of-the-art quality, design, and technology and it truly makes for a one -of -a -kind experience. We also are laser focused on experience and the design of our layouts, vacuum areas, canopy's and architectural design. We treat people to the experience that we would want and people notice! We are not trying to build as many locations as we can. We are one of the best car washes in the country and we're intentional about the communities and locations we choose so we can continue to be connected in the community and give the quality and experience that supports our philosophy and model of providing people the best experience and value possible. We hope you will strongly consider our case and provide us the opportunity to work with the City of Fayetteville. Sincerely Dylan Ward Real Estate Manager 0: 903.255.1728 M: 501.681.5667 MAX ALLEY REAL ESTATE SERVICES, LLC DEVELOPMENT -CONSTRUCTION -INVESTMENTS CONFIDENTIALITY NOTICE: This e-mail may contain privileged and confidential information and is intended only for the use of the specific individual(s) to whom it is addressed. If you are not an intended recipient of this e-mail, you are hereby notified that any unauthorized use, dissemination or copying of this e-mail or the information contained in it or attached to it is strictly prohibited. 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