Spring Hill BZA approves special‑use permit for Whataburger drive‑through at 3004 Belsher Village Drive

The Spring Hill Municipal Board of Zoning Appeals unanimously approved a special‑use permit to allow a single‑lane drive‑through for a proposed Whataburger at 3004 Belsher Village Drive.

The board voted to adopt staff findings of fact and conclusions of law and approved BZA 16‑18‑2024, subject to two conditions: submission of an updated site plan to the planning department for review by the Planning Commission and Building and Codes Director, and expiration of the approved special use if not acted on within one year under Article 13.3(gs) of the Unified Development Code (UDC).

Staff senior planner Gilles Marin told the board the property is zoned C‑4, comprises approximately 1.1 acres, and was previously the site of a drive‑through restaurant but has been vacant for more than one year — a circumstance that requires a new special‑use permit for a drive‑through. Marin said the site is surrounded by other C‑4, automobile‑oriented developments and that utilities and sanitation capacity should be sufficient because the building will not increase in size. He said staff found the proposal consistent with the Spring Hill Rising 2040 comprehensive plan, which designates the parcel as a community commerce area, and that the C‑4 district is intended for higher‑intensity, mixed‑use commercial corridors.

Marin also said the applicant originally sought a variance to add two drive‑through lanes but that the variance was not obtainable because the site lacks adequate space for required stacking or a bailout lane. "This special use before you is for one drive‑through lane only," Marin said.

Mark Boyd, representing Kimley‑Horn and the applicant, said, "I believe the case was accurately described. We take no exception with the two conditions being placed on the site, and we're happy to answer any questions you may have regarding the special‑use request." Boyd noted the team could respond to technical questions but did not request additional conditions.

City attorney Patrick Carter reminded the board that it acts as a quasi‑judicial body and that its discretion is constrained by the UDC standards. "If you were to decide that for some reason you didn't support this application, it can't be arbitrary and capricious. It can't be based on personal opinion. It has to be on a rigorous analysis of those standards," Carter said, urging members to state specific findings if they intended to deny the application.

Before the approval vote, a board member made and the board seconded a motion to take the item off the table; the item had been tabled after prior consideration in October. The board then voted to approve the special use and adopt staff findings by voice vote; the vote was announced as unanimous.

Next steps for the project include submission of an updated site plan to the planning department and review by the Spring Hill Planning Commission and the Building and Codes Director prior to implementation. The special use permit will expire one year from the date of approval unless the applicant obtains required site plan approvals as specified in Article 13.3(gs) of the UDC.

Approval of the February 19, 2025 BZA meeting minutes and the motions to take the application off the table were also adopted by unanimous voice vote earlier in the meeting.