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Planning commission approves drive‑thru SUP near US‑380 despite staff recommendation to deny
Summary
The McKinney Planning & Zoning Commission voted to forward a specific‑use permit for a drive‑thru restaurant near US‑380 and Custer to City Council on March 3, overruling staff’s recommendation to deny because the order speaker would sit about 66 feet from residential property lines instead of the UDC’s 200‑foot requirement.
The McKinney Planning & Zoning Commission on Feb. 10 voted to approve a specific‑use permit for a proposed drive‑thru restaurant at the southwest corner of U.S. Highway 380 and North Custer Road and recommended the item be sent to City Council for final action on March 3.
Jake Bennett, a city planner, told the commission staff recommended denial because the city’s recent Unified Development Code amendment requires drive‑thru order boards to be at least 200 feet from adjacent residences. "The order board is only about 66 feet from the residential property lines to the south," Bennett said, and the SUP was required due to that proximity. He noted other site elements — parking and dumpster placement — meet code.
Applicant representative Naboz Ebrahim of Benchmark Group described the shell building and said the proposed tenants would include a national quick‑service restaurant with a single‑lane drive‑thru. "This building will be delivered as a cold, dark shell," Ebrahim said, and the developer intends to provide parking, landscaping and vehicular circulation. Architect Richard Poplum added the adjacent development already includes a drive‑thru and said the proposed location would not affect the neighborhood more than existing commercial uses.
Nearby homeowner Logan Adhan Kanapan urged the commission to minimize noise impacts: "The speaker should not face the homeowner direction so that the voice can be reduced," Logan said, and asked for taller plantings and reconsideration of the dumpster location.
Developer Miles Kelly said the restaurant operator (identified in the application materials as a casual‑dining brand) typically uses drive‑thru service for fewer than 15% of customers and argued a 25‑foot retaining wall and an existing 8‑foot masonry wall provide substantial buffering. "We probably do less than 15% of people in the drive‑thru lane," Kelly said, adding the topography and wall will help mitigate sound.
Commissioners debated the project’s proximity to residences and whether the earlier UDC amendment, adopted in response to problems with drive‑thrus near homes, should be applied retroactively. Several commissioners noted a nearby drive‑thru had been approved under an earlier code regime. Despite staff’s recommendation, Commissioner Craig moved to approve the SUP; Commissioner Buettner seconded and the motion carried by majority vote.
The commission’s approval sends the SUP to City Council for final review at its March 3 meeting. The transcript does not include a roll‑call vote reading of individual commissioner votes.
What it means: The commission’s action overturns staff guidance and advances the applicant’s project to the council stage, where councilmembers may affirm, reverse or condition the SUP. City staff and the applicant indicated other site elements (dumpster distance, parking) meet current code; the outstanding issue is the order‑board distance from residences.
