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Planning Commission approves Whataburger final development plan with deviations for Plaza South Lot 1
Summary
The commission approved the final development plan for a Whataburger at Plaza South Lot 1, granting five deviations including increased parking (38 spaces requested vs. code maximum 30), reduced sidewalk width and adjusted street‑tree layout. Staff said the final plan fits within parameters of the previously approved preliminary plan.
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The Gardner City Planning Commission on Oct. 23 approved the final development plan for Plaza South Lot 1, clearing the way for a Whataburger drive‑through and restaurant subject to conditions and approval of requested deviations.
Staff told commissioners the Plaza South preliminary development plan anticipated a fast‑food use for the parcel and recommended approval of the final plan with conditions. The applicant requested five deviations: reduce foundation planting bed depth, remove street trees where overhead electric lines interfere, approve additional parking (the applicant requested 38 spaces where staff said code maximum is 30), reduce the sidewalk in front of the primary entrance from 10 feet to 8 feet, and eliminate one of two allowed monument signs in favor of one larger sign. Staff expressed support for the deviations and noted the final design retains required masonry and transparency standards.
Dalton Signer, a civil engineer with Kimley Horn, represented the applicant during Q&A, answering questions about consistency with the preliminary development plan, access management and measures to address drive‑thru queuing. Signer said internal seating is proposed at about 75 seats and the site will also include three outdoor tables. Commissioners and staff discussed the single access point on Vivian Street and parking/traffic measures; staff noted the preliminary stormwater and traffic studies and said some of the proposed adjustments fall within the preliminary plan’s parameters.
The commission approved the final development plan with conditions that construction plans for public improvements be submitted and approved before building permits are issued and that the requested deviations be approved as presented. The motion carried by voice vote (4‑0).

