Southern Pines approves Whataburger site with 39 parking spaces, requires tree buffer and setback compliance

Southern Pines Town Council · December 18, 2024

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Summary

The town council approved a preliminary development plan for a Whataburger in Morganton Park South after negotiating parking down from an initial 42 to 39 spaces and securing agreement from the applicant to preserve a 20-foot undisturbed perimeter buffer and meet setback rules for retaining walls.

The Southern Pines Town Council voted Dec. 17 to approve a preliminary development plan (PD-06-24) for a Whataburger restaurant in the Morganton Park South development, conditioning the approval on a 20-foot undisturbed perimeter buffer, compliance with structure setbacks for retaining walls taller than 6 feet, and a maximum of 39 parking spaces for the site.

Planner Jean Ruiz told the council staff initially recommended 35 spaces — 33 consistent with the town's Unified Development Ordinance plus two spaces set aside for delivery services — as the reasonable standard for the building size. "The staff is proposing 35 parking spaces," she said, explaining how retaining-wall setbacks and buffer requirements affected the lot layout.

Applicant representatives said their corporate standard favors a higher count. Lee Bakley, civil engineer for the applicant, said Whataburger generally prefers 40 to 45 spaces for restaurants of this size but that the team was willing to reduce the count to protect an undisturbed buffer. "Their sweet spot is generally 40 to 45," Bakley said, and the applicant agreed to move from an initial 42-space plan down to 39.

Council debate focused on balancing shared-parking expectations, employee parking patterns and tree preservation. Staff and the applicant agreed to preserve a wooded screen along the parcel edge adjacent to a Duke Energy substation and to shift a proposed retaining wall so it would meet a 25-foot setback when the wall exceeded the six-foot threshold that classifies it as a structure.

The council recorded agreement that the approved 39-space plan would allow for larger landscape islands where the removed spaces had been shown. Ruiz described the 39-space layout as a compromise that retained key perimeter trees while keeping parking adequate for a 3,300-square-foot restaurant with 58 dining seats. Bakley estimated drive-through stacking capacity at about 25 cars and explained the applicant would reserve two spaces for food-delivery services at the front of the building.

The council motion to amend the staff attachment and approve the preliminary development plan with the stated conditions carried on a voice vote. The approval includes a requirement that retaining walls over six feet in height meet structure setbacks and that the Morganton Park South phase-4 perimeter buffer remain undisturbed.

What happens next: the applicant will finalize construction-level site plans showing the adjusted wall location, formalize landscaping and parking layout consistent with the 39-space limit and obtain required building permits. The council's vote was limited to the preliminary plan and conditions; final construction approval and inspections remain subject to administrative site-plan review and building permitting.