McKinney City Council approves new drive-thru distance requirements

The new regulations are expected to impact 15 drive-thru restaurants in Mckinney. Those restaurants will enter a legal nonconforming status which will not impact their ability to operate, Interim Planning Director Hayley Angel said.

“In general terms they are allowed to continue their use,” she said. “It’s not our intent to retroactively change those for those properties,”

The entitlement will run with the land even if it changes owners or operators, Angel said. The entitlement only expires if the restaurant stopped operating for more than 12 months.

Additionally, if a restaurant in legal nonconforming status wanted to expand its scope, it would need to pursue a specific use permit.

The city’s development code will be amended to require restaurant drive-thru buildings and speaker boxes be located at least 200 feet away from single-family residential uses or zones, according to city documents.

That distance minimum can be reduced to 150 feet if the restaurant is separated by a public right-of-way such as a road or by obtaining a specific use permit. Specific use permits are issued by receiving approval from the Planning and Zoning Commission and City Council.

The new distance regulations would apply to drive-thru restaurants in four different city zones:

• Local commercial
• Regional commercial
• Light industrial
• Heavy industrial

What they’re saying

Jones said he did not feel the amended distance requirements were necessary. He spoke about the Chicken Express on South McDonald Street that burned down. The site now holds a Starbucks location but the process to rebuild took longer than 12 months, Jones said.

If a business or property owner has to rebuild after a fire but it takes longer than 12 months, then they would have to pursue a specific-use permit in order to place a speakerbox, he said.

“I feel like we’re creating problems that don’t really exist now for the future,” he said.

Council member Geré Feltus said those owners can pursue a variance request. She said any reasonable council members would weigh those circumstances when considering variance requests.

Feltus said the new distance requirements are not out of alignment with McKinney’s sister cities but there is a pathway for affected restaurants to pursue a variance.

“I’d much rather lean into protecting the residents at this point and then having these folks come in and just apply for the variances,” she said.

The background

City officials have been discussing new distance requirements for restaurants with drive-ins or drive-thrus since January. City staff briefed council members and members of the Planning and Zoning Commission in March.

The Planning and Zoning Commission voted to recommend approval of the amendments in April.