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Title:
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Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Drive-Through Restaurant (Smalls Sliders), Located at 1700 North Custer Road, and Accompanying Ordinance
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Title
Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Drive-Through Restaurant (Smalls Sliders), Located at 1700 North Custer Road, and Accompanying Ordinance
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: September 16, 2025
DEPARTMENT: Development Services - Planning Department
CONTACT: Lucas Raley, AICP, CNU-A, CFM, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Jake Bennett, Planner II
RECOMMENDED CITY COUNCIL ACTION: 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: August 4, 2025 (Original Application)
ITEM SUMMARY: The applicant is proposing a specific use permit to allow a drive-through restaurant (Smalls Sliders) located at 1700 North Custer Road.
The zoning for the subject property (PD Ord. No. 2021-09-095) requires that a specific use permit be granted in order for a drive-through restaurant to be operated on the subject property.
ZONING:
Location
Zoning District (Permitted Land Uses)
Existing Land Use
Subject Property
PD Ord. No. 2021-09-095 (Commercial Uses)
Undeveloped Land
North
PD Ord. No. 2021-09-095 (Commercial Uses)
Restaurant and Retail
South
PD Ord. No. 2001-07-080 (Single-Family Residential Uses)
Lacima Haven Meadows
East
PD Ord. No. 2021-09-095 (Multi-Family Residential Uses)
Under Construction
West
PD Ord. No. 2004-10-109 (Uses)
Walmart
SPECIFIC USE PERMITS: When acting on a request for a specific use permit, the following factors should be considered:
* 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.
Specific Use Permit is required for the proposed drive-through restaurant to be permitted on the subject property due to the distance from the closest drive-through order speaker box to the adjacent single-family residential zoned property.
The Unified Development Code requires a setback of 200 feet from a drive-through restaurant's speaker box or building from single-family residential uses or zones. The closest speaker box is located approximately 100 feet from the adjacent property line that is shared with the Stonebridge Ranch Community Association, which is zoned for single-family residential, but is a dedicated common area lot that houses a creek with heavily treed floodplain. The closest property line of a single-family residential lot is approximately 260 feet from the nearest proposed speaker box.
Staff recognizes that the adjacent property owned by the Stonebridge Ranch Community Association will likely remain undeveloped due to the existing creek, adjacent floodplain, and trees within the floodplain. The undeveloped common area should adequately buffer the restaurant from the homes to the southeast. Staff finds that the potential impacts are minimized with the adjacent common area and the proposed use should not be detrimental to the residential properties or to the City as a whole.
As such, Staff recommends approval of the 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:
North Custer Road, 130'-Wide, 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.
BOARD OR COMMISSION RECOMMENDATION: On August 26, 2025, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed Specific Use Permit to the City Council.