Title
Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Drive-Through Restaurant, Located Approximately 1,030 Feet West of North Custer Road and on the South Side of US Highway 380 (West University Drive)
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: February 10, 2026
DEPARTMENT: Development Services - Planning Department
CONTACT: Jake Bennett, Planner II
Caitlyn Strickland, Planning Manager
Lucas Raley, AICP, CNU-A, CFM, 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 March 3, 2026 meeting.
STAFF RECOMMENDATION: Staff recommends denial of the proposed specific use permit.
However, if approved, the following special ordinance provision shall apply:
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: October 20, 2025 (Original Application)
November 19, 2025 (Revised Submittal)
January 12, 2026 (Revised Submittal)
January 23, 2026 (Revised Submittal)
ITEM SUMMARY: The applicant is proposing a specific use permit to allow a multi-tenant building with a drive-through restaurant located approximately 1,030 feet west of North Custer Road and on the south side of US Highway 380.
A specific use permit is required to construct a drive-through restaurant on the subject property due single-family residential homes being located within 200’ of the proposed building and speaker box.
The applicant is also requesting a reduction to provide parking spaces 10’ from the single-family residential property line.
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District (Commercial Uses) |
Undeveloped Land |
|
North |
City of Prosper |
Commercial and Undeveloped Land |
|
South |
“PD” - Planned Development District (Single-Family Residential Uses) |
Hidden Lakes Subdivision |
|
East |
“PD” - Planned Development District (Commercial Uses) |
Retail |
|
West |
“PD” - Planned Development District (Commercial Uses) |
Commercial |
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 not appropriate for the proposed use.
The proposed speaker box for the drive-through is located approximately 66’ from the single-family residential property line. Per the UDC, a minimum of 200’ is required in order for an SUP to not be necessary. The applicant is also proposing parking spaces 10’ from the shared property line.
Staff believes that the proposed distance of the drive-through to the single-family residential, as well as the requested reduction for the parking spaces, do not meet the intent of the UDC.
The specific criteria for the parking distance reduction is primarily for infill projects to follow the same parking setbacks as previously required in order to provide consistency. Staff believes that the proposed parking along the south side of the development does not meet the criteria as outlined in the UDC.
Residential Adjacency for Off-Street Parking. The Residential Adjacency distance for off-street parking may be reduced to no less than 10 feet in accordance with the approval criteria in §203G.1 and with the following additional criteria:
I. The reduction establishes a consistent adjacency buffer with adjacent developed properties, and
II. The reduction will create a unified landscape design along the property line.
As such, Staff recommends denial of the proposed specific use permit.
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, except for the requested reduction to the parking distance from the residential property line.
ACCESS/CIRCULATION:
|
Adjacent Streets: |
US Highway 380 Bypass, Variable Width Right-of-Way, Major Regional Highway |
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.