Title
Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow a Restaurant with Drive-Through (Jack in the Box), Located Approximately 190 Feet North of Falcon View Drive and on the West Side of South Custer Road
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by facilitating a balance between industrial, commercial, residential, and open space)
MEETING DATE: August 8, 2023
DEPARTMENT: Development Services - Planning Department
CONTACT: Jake Bennett, Planner II
Caitlyn Strickland, Planning Manager
Jennifer Arnold, AICP, Director of Planning
APPROVAL PROCESS: The recommendation of the Planning and Zoning Commission will be forwarded to the City Council for final action at the September meeting.
STAFF RECOMMENDATION: Staff recommends approval of the proposed specific use permit request with the following special ordinance provision:
1. The property shall generally develop in accordance with the attached specific use permit exhibit and all applicable development requirements of the city.
APPLICATION SUBMITTAL DATE: April 17, 2023 (Original Application)
June 12, 2023 (Revised Submittal)
June 28, 2023 (Revised Submittal)
July 14, 2023 (Revised Submittal)
July 21, 2023 (Revised Submittal)
ITEM SUMMARY: The applicant is proposing a specific use permit to allow a restaurant with drive-through (Jack in the Box) located approximately 190 feet north of Falco View Drive and on the west side of South Custer Road.
The zoning for the subject property (PD Ord. No. 2001-02-024) requires that a specific use permit be granted in order for a restaurant with drive-through to be operated on the subject property.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
PD Ord. No. 2001-02-024 (Commercial Uses) |
Undeveloped Land |
|
North |
“C2” - Local Commercial District (Commercial Uses) |
Undeveloped Land (Site Plan Approved for Minor Vehicle Repair and Car Wash) |
|
South |
PD Ord. No. 2001-02-024 (Commercial Uses |
Undeveloped Land (Site Plan Approved for Dental Clinic) |
|
East |
PD Ord. No. 1997-06-036 (Single Family Residential Uses) |
Falcon Creek, Phase II Subdivision |
|
West |
PD Ord. No. 2001-02-024 (Commercial Uses) |
LA Fitness |
SPECIFIC USE PERMITS: Pursuant to Section 203C.3.e of the McKinney UDC, the following factors should be considered when evaluating a specific use permit (SUP) request:
• Whether the request complies with all site specifications adopted by the City, including the base zoning district and/or the PD entitlements;
• Whether the site, buildings, and use meet the criteria specified for the use in §205C, Use Definitions and Use-Specific Standards;
• Whether the proposed use will be detrimental to the adjacent properties or to the City as a whole;
• Whether the proposed uses are compatible in terms of scale (building massing, form, orientation, and location), intensity, and operating characteristics with uses and structures on adjacent properties and properties in the vicinity of the proposed application; and
• Whether potential impacts associated with such use are adequately mitigated through enhanced site or building design, including but not limited to additional landscaping, buffers, or screening, to minimize adverse impacts on surrounding uses and the City.
Staff has evaluated the request based on the above-mentioned parameters and feels that the site is appropriate for the proposed use and is compatible with existing land uses of the adjacent properties. The site has frontage on a principal arterial roadway (South Custer Road) and is neighbored by retail, personal service, and car wash uses. Staff feels that the proposed restaurant with drive-through window should complement the existing development and add to the neighborhood services available in the area. As such, staff recommends approval of the SUP request.
SITE LAYOUT: The attached exhibit provides a general layout of the proposed building as well as the associated parking and internal site circulation. The site circulation, parking, and sanitation requirements are in general conformance with the Zoning Ordinance.
ACCESS/CIRCULATION:
|
Adjacent Streets: |
South Custer Road, 130’ (6-lane) Right-of-Way, Principal Arterial |
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support to this request and no letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council. Staff has not received any citizen comments through the online citizen portal.