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Spring Hill planning commission denies Whataburger site plan over right-of-way, landscaping conflicts
Summary
The Planning Commission denied a proposed Whataburger site plan after finding proposed landscaping and screening would encroach in a future TDOT right-of-way and conflict with Spring Hills Unified Development Code; an initial approval motion failed 5-1, and a subsequent motion to deny passed 6-0.
The City of Spring Hill Planning Commission on Dec. 8 denied STP 18 41 20 25, a site plan submitted for a Whataburger, after commissioners found the applicant's proposed landscaping and screening were located in a future right-of-way reservation and conflicted with the Unified Development Code (UDC).
Staff planning summary and applicant revisions provided context: planning staff reported the application had been before the commission on Oct. 27 and Nov. 24 and that the applicant had added right-of-way reservations along Belshire Way and Main Street, revised elevations and building glazing, and provided material breakdowns. "Staff does recommend approval of STP 18 41 20 25 with 21 standard and 1 site-specific condition for approval," the staff presenter said during the hearing.
Why it mattered: several commissioners and the mayor said the proposed landscape buffers and fence placement would be inside a future right-of-way reservation and therefore inconsistent with articles 11, 13 and 16 of the UDC. Mayor Fitter told the commission, "the landscape plan shows landscaping being installed within the right away reservation area... I will not be approving this." The city attorney and commissioners also noted that the Tennessee Department of Transportation (TDOT) is planning a US-31 widening and that a city-TDOT meeting about right-of-way needs was scheduled for Dec. 16, which could affect what is required on the site.
Applicant response and refusal to defer: Whataburger representatives told the commission they had added the reservations and setbacks and did not believe TDOT would ultimately need the full width shown. Ron Campos, Whataburgers government affairs director, told the commission, "Kindly, we're not gonna defer this meeting. We just like to move forward with the process and however you vote is how you vote." Commissioners had urged postponement until the city and TDOT could confer, but the applicant elected to proceed.
Votes and formal action: a motion to approve the site plan with staff conditions failed on a voice vote that was recorded as 5 to 1 against approval. To remove ambiguity after the failed approval motion, the city attorney asked for an express motion to deny; the commission then voted to deny STP 18 41 20 25 for failure to comply with UDC articles 11, 13 and 16. The denial motion passed by voice vote, recorded as 6 to 0.
Next steps: the transcript records that the city will meet with TDOT on Dec. 16; commissioners said additional clarity from that meeting could change how right-of-way reservations should be handled on future submittals. The Planning Commission recorded the denial and moved on to the next agenda items.
