Title
Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for Drive-Through Restaurants (Burger King, Popeyes, and Taco Bueno), Located on the South Side of West University Drive and Approximately 280 Feet West of Aviation Way
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1.1: Provide a strong city economy by facilitating a balance between industrial, commercial, residential and open space)
MEETING DATE: October 27, 2026
DEPARTMENT: Development Services - Planning Department
CONTACT: Jake Bennett, PMP, Senior Planner
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 November 3, 2026 meeting.
RECOMMENDED PLANNING AND ZONING COMMISSION ACTION: Staff recommends that the Planning and Zoning Commission deny the proposed specific use permit request. However, if the item is approved, the following 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.
ITEM SUMMARY: The applicant is requesting approval of a specific use permit to allow drive-through restaurants (Burger King, Popeyes, and Taco Bueno) located on the south side of West University Drive and approximately 280 feet west of Aviation Way.
The zoning for the subject property PD Ord. No. 2015-07-071 requires that a specific use permit be granted for a Restaurant Drive-Through to be operated on the subject property.
BACKGROUND INFORMATION:
APPLICATION SUBMITTAL DATE: April 21,2026 (Original Application)
July 28,2026 (Revised Submittal)
August 4,2026 (Revised Submittal)
August 13,2026 (Revised Submittal)
August 18,2026 (Revised Submittal)
August 24,2026 (Revised Submittal)
August 28, 2026 (Revised Submittal)
September 3, 2026 (Revised Submittal)
September 17, 2026 (Revised Submittal)
ZONING:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development Ordinance No. 2015-07-071 (Commercial Uses) |
Undeveloped Land |
|
North |
N/A: City of Prosper |
Multi-Family Residential |
|
South |
“PD” - Planned Development Ordinance No. 2015-07-071 (Single Family Residential Uses) |
Single-Family Residential |
|
East |
“PD” - Planned Development Ordinance No. 2015-07-071 (Commercial Uses) |
Drive-Through Restaurant and Retail |
|
West |
N/A: City of McKinney ETJ |
Office, Warehouse, Retail |
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 and is not compatible with existing land uses of the adjacent properties.
When reviewing the proposed site against the SUP criteria, a key factor is compatibility with adjacent and neighboring land uses in the immediate area. In this case the reason for the Specific Use Permit is the proximity of the proposed drive-through restaurants to single-family residential uses. Per the Unified Development Code, a use requirement for restaurant, drive-thru is that all buildings and speaker boxes must be more than 200’ from any single-family residential zone or use. The proposed development includes three drive-through sites that are directly adjacent to existing single-family residential uses to the south. The proposed drive-through locations are located approximately 193’, 179’, and 130’ away from the nearest single-family uses. Therefore, none of the three sites meet the standard 200’ distance requirement.
Given the direct residential adjacency and the proposed development's inability to meet the required separation distance at any of the three drive-through locations, Staff finds that the proposed uses are not appropriately situated in this location. Accordingly, 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.
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Future US 380 Bypass, 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. As part of the Planning and Zoning Commission Public Hearing, Staff has not received any citizen comments through the online citizen portal.
FINANCIAL SUMMARY: N/A
BOARD OR COMMISSION RECOMMENDATION: On October 13, 2026, the Planning and Zoning Commission voted 7-0-0 to table the Specific Use Permit request to the October 27, 2026 Planning and Zoning Commission meeting.
To view the actions and discussions taken by the Planning and Zoning Commission related to this item, please find the meeting recording at the following web address:
<https://mckinneytx.new.swagit.com/views/130>