City Council Memo1
MEMORANDUM
To: Mayor and City Council
From: Mindi Hurley, Director of Community Development
Date: March 9, 2021
Reference: Public Hearing: Consider approval of a zoning change request from C (Commercial) to PD-305-
C (Planned Development- 305- Commercial), to amend the Detail Site Plan to allow for a 1,400-
square-foot proposed Smoothie King drive thru and the existing 875-square-foot Donut City
restaurant with 2 future parking spaces on 0.842 acres of land, located at 205 N. Denton Tap Rd.
at the request of the property owner Mahesh Nasta, being represented by Greg Frnka of GPF
Architects, LLC.
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 he 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.
Introduction:
The parking required for the combined use of the building are 27. These are calculated as follows:
• 22 parking spaces for the restaurants (One parking space per 100 square feet) and
• 5 parking spaces for the Dry Cleaners (2 spaces + one parking space for each 300 square feet over
1,000 square feet)
There are 25 existing parking spaces on site and two parking spaces proposed to be constructed in the future. At
this time, staff is comfortable in granting a two-parking space variance to the parking requirement, as the applicant
has provided information stating that typically 80% of the total store sales are done at the drive through window
which can accommodate several cars in line vs. inside. Also, the Donut shop closes at noon, leaving its parking
spaces available in the afternoon and evening. The applicant has noted that the future spaces will be constructed if
needed or when the change in tenant mix necessitates more parking under the current Zoning Ordinance.
Elevations/Signage:
The applicant is proposing to slightly modify the southern elevation at the drive through to accommodate Smoothie
King. The existing sliding glass door will be removed, and a new pass-thru vehicular window will be installed
with matching masonry material to infill the area below. The attached building signage, as shown on the rendering,
is compliant with the sign ordinance. The menu board will be located just west of the building at the southern end.
The microphone/speaker will face south with the noise directed away from the residences which are located west
and north. A shield was recommended by the Planning and Zoning Commission to ensure any potential noise is
deflected away from the residential properties. Because the menu board structure will be neutral color and is
directly behind the building, staff is recommending relief from the 80% masonry requirement.
2
Analysis:
The adjacent residential neighbor, directly to the west, spoke at the Planning and Zoning meeting with concerns
related to noise, privacy and air quality. After listening to the concerns, the Planning and Zoning Commission
recommended approval of PD-305-C 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.
Legal Review:
N/A
Fiscal Impact:
None
Recommendation:
The Community Development Department recommends approval subject to the conditions listed above.
Attachments:
1. PZ Staff Report
2. Site Plan
3. Tree Survey & Landscape Plan
4. Elevations
5. Floor Plan (Smoothie King)
6. Sign Plan (2 Pages)