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Commission advances drive-through SUP near US-380 and Custer despite staff concerns
Summary
Staff recommended denial of a specific use permit for a drive-through on US-380 near North Custer because the order speaker would sit about 66 feet from residential property lines (below the 200-foot standard); applicant representatives and nearby homeowners described existing buffering and site conditions, and the commission voted to forward the item to City Council for final action.
City planner Jake Bennett explained staff's recommendation that the specific use permit (SUP) for a proposed drive-through restaurant near the southwest corner of US Highway 380 and Custer be denied because the proposed order speaker would be only about 66 feet from adjacent residential property lines — well short of the 200-foot minimum that the council's UDC amendments require for drive-throughs near residences. "The applicant proposes to construct a drive through approximately 66 feet from the adjacent residential property lines...Staff does not believe that the request meet the intent of the UDC and as such, staff recommends denial of the proposed specific use permit," Bennett said.
The applicant and representatives described site conditions and mitigation measures. Nabos Ibrahim of Benchmark Group said the building would be delivered "as a cold, dark shell, with supporting site improvements, including parking, landscaping, and vehicular circulation," and named a likely tenant for one space. Architect Richard Popol noted adjacent developments have drive-throughs and urged the commission to consider the site in context. Nearby homeowner Logan Adan Kanapan requested the speaker not face homes and urged planting taller trees and reconsideration of dumpster placement to reduce noise and impact. Developer representative Miles Kelly said the tenant (Qdoba) is primarily a dine-in or pickup operation and that a 25-foot retaining wall and other buffering lessen noise impacts.
Commission discussion focused on the ordinance change, existing adjacent approvals, buffering (including an 8-foot masonry wall and grade differences), and whether the council's recent amendment should preclude this site. After closing the public hearing to deliberate, Commissioner Craig moved to approve the item and Commissioner Buettner seconded; the motion passed with a majority and the commission forwarded the recommendation to City Council for final action on March 3.
