City Council Memo - Ordinance1
MEMORANDUM
To: Mayor and City Council
From: Matt Steer, Development Services Administrator
Date: April 13, 2021
Reference: Consider approval of an Ordinance for PD-305-C (Planned Development-305-
Commercial), to amend the detail site plan to allow for an additional 1,400-square-foot
restaurant with drive-thru to an existing development with a current restaurant use with 2
future parking spaces on 0.842 acres of land, located at 205 N. Denton Tap Road, and
authorizing the Mayor to sign.
2040: Create Business and Innovation Nodes
Executive Summary:
The applicant is proposing to keep the building and drive-thru as is with very little exterior modifications.
Smoothie King is proposing to occupy a 1,350-square foot existing lease space at the southern endcap of
the building and retain the drive thru. A Planned Development is required because the applicant is
requesting a variance to install two “future” parking spaces that encroach in the perimeter landscaping,
and because the Smoothie King is considered a drive-thru restaurant with residential adjacency.
Analysis:
On March 9, 2021, the City Council approved this zoning change (6-0) subject to the following
conditions:
1. Allowing the two restaurant uses (Donut City and Drive-thru Smoothie King) abutting residential
zoning.
2. Hours of operation shall not to exceed the following:
Smoothie King - 10 am to 8 pm on Sunday, 7 am to 9 pm Monday - Friday and 8 am to 9 pm on
Saturday.
Donut City - 6 am to 12 pm. Tuesday-Sunday (closed Monday).
3. Signage shall be as indicated on the rendering or in compliance with the Signage Section of the
Zoning Ordinance.
4. Menu board shall be located as shown on the Site Plan and granted an exception to the 80%
masonry requirement. The speaker shall be shielded to deflect the sound away from the residential
properties to the west.
5. A construction development permit through the Public Works Department shall be required for
the future parking. If additional lighting is needed, this shall comply with the glare and lighting
standards of the Zoning Ordinance. This shall be constructed if needed or when the change in
tenant mix necessitates more parking under the current Zoning Ordinance.
6. Add an overstory tree on the western property line.
7. The menu board noise level shall not exceed 60 dB measured at the western property line.
2
Legal Review:
The City Attorney reviewed this ordinance.
Fiscal Impact:
None
Recommendation:
The Planning Department recommends approval.
Attachments:
1. Ordinance
2. Exhibit A – Legal Description
3. Exhibit B – Site Plan
4. Exhibit C – Landscape Plan
5. Exhibit D – Building Elevation
6. Exhibit E – Sign Plan