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Planners press Whataburger applicant over TDOT right‑of‑way, warn site plan won’t pass without UDC conformity
Summary
At a Spring Hill planning work session, staff and commissioners pressed the Whataburger applicant to show the city’s required 47.5‑foot right‑of‑way reservation and clarified TDOT’s design timetable; staff warned the highway widening could permanently remove parking spaces and alter circulation unless plans are revised.
The Spring Hill Planning Commission spent substantial time at its work session probing a proposed Whataburger site plan after staff warned TDOT’s US‑31 widening could reshape the project’s parking and access.
Senior planner said staff remains uncertain how much permanent right‑of‑way the Tennessee Department of Transportation (TDOT) will require and urged the applicant to show the city’s required 47.5‑foot reservation on the plan. “It may eliminate up to 27 parking spaces, thus reducing the total number to 18, a 60% reduction,” the Senior planner said, flagging an effect that could disrupt the restaurant’s drive‑through operations and on‑site circulation.
Jason Thetford, the project’s construction manager, said the most recent TDOT materials are conceptual and include a temporary construction easement that should not be mistaken for permanent acquisition. “Their plan shows a green line around there … That’s actually not the future right of way. That’s a temporary construction easement,” Thetford said, adding TDOT’s schedule shows final design in late 2027 and appraisal work starting in 2028.
Thetford also told the commission that TDOT “does not accept the right of way dedication from businesses. They procure and purchase all of their right of way,” which the applicant said explains why the site plan has not been dedicated in favor of TDOT to date.
Mayor Fitter, speaking as a commission member, urged strict adherence to the city’s Unified Development Code (UDC) and the major thoroughfare plan. “Articles 13 and 16 of the UDC … clearly call out conformity to adopted land use plans, including right‑of‑way dedication and adherence to the major thoroughfare plan,” Fitter said. “I’m not gonna vote in favor of a site plan that doesn’t conform to articles 13 or 16 of the UDC.”
John Cooper, attorney for JRN Incorporated (the property owner), asked that the city, TDOT and the applicant meet soon. “We would appreciate it if in the next two weeks we could have a meeting with the city and TDOT to make sure everybody’s on the same page,” Cooper said.
Staff also reiterated other outstanding technical items: verify glazing/transparency requirements on the building elevations, submit an alternative median/refuge detail to avoid median damage, provide traffic‑management measures for grand‑opening periods, and confirm tree species per the UDC.
The commission left the item off the consent agenda for the voting meeting and asked the applicant to provide revised drawings that clearly show the future right‑of‑way reservation, updated traffic controls and responses to staff’s other comments ahead of the voting meeting.
