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
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3400
CUP-2021-000052
EXHIBIT 'A'
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Regional Link - High Activity
Planning Area
u - -, Fayetteville City Limits
- - - Trail (Proposed)
Design Overlay District
ISubject Property
BLACK
FOREST DR
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Feet
0 75 150 300 450 600
1 inch = 200 feet
■
RMF-2
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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
-- -- --
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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.
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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
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MORRISON—SHIPLEY I HALFF
GLIDE XPRESS
CAR WASH
Fayetteville, AR
Issued for Review
22.27.22
LANDSCAPE PLAN
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SHEET i of 1
3349 W WEDINGTON DRIVE. FAYETTEVILLE, ARKANSAS - 01.06.2022
phr� architecture
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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.
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CUP-2021-000052 Glide Xpress Car Wash
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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
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