Due to a notification error in prior proceedings, the City Council remanded the Whataburger case for Arboretum Village Shopping Center back to the Plan Commission, sending it back to the starting line.

The proposed location is on the vacant out-parcel between Tom Thumb and Gaston Road at the redeveloped shopping center near the 3G intersection.

Photo courtesy of Lincoln Property Company.

The Whataburger case involves terminating deed restrictions established in 1977, when the site was a Texas Instruments location. It’s not a land use issue the City staff handles often. The public notices to the surrounding land owners for the initial Plan Commission public hearing were incorrectly prepared.

Once the error was discovered, District 9 Council member Paula Blackmon and MasterPlan, Whataburger’s land use representative, agreed the case should be returned to the Plan Commission and the process properly followed. The City Council voted unanimously in favor.

At the May 20, 2021, meeting, the Plan Commission voted 6-5 to approve Whataburger’s request to terminate the deed restrictions to be able to operate a 24-hour drive-thru. No specific date has been set for the Whataburger case to go back before the Plan Commission, but the notification process for public hearings at the Plan Commission typically takes 60-90 days.

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