The Derby Planning Commission unanimously approved a site plan on Oct. 2 for an Andy’s Frozen Custard with a drive-through on Rock Road, subject to staff comments and conditions addressing utility‑easement encroachments.

Everett Haynes, assistant city planner, said the proposal is for a restaurant with a drive-through and outdoor patio seating but no interior seating; the property is in the B3 general business district where drive-through restaurants are permitted. The site will rely on a shared access drive that aligns with adjacent drives on Rock Road. Haynes said the applicant proposed 14 drive-through stacking spaces, exceeding the five-space requirement.

Haynes told the commission that Southern Star Central Gas Pipeline Company recently interpreted its pipeline easement as 27 feet into the adjacent properties, not the 15 feet staff had previously assumed. That reinterpretation identified unpermitted encroachments and required the applicant to remove those encroachments and relocate landscaping that would otherwise be within the pipeline easement. "They will remove the unpermitted encroachments outside of Southern Star's pipeline easement," Haynes said.

The building’s design is largely brick with a glass front facade and a distinctive canopy. Haynes said the applicant revised a previously monotonous north façade with additional brick details to add visual interest. The commission also reviewed the proposed drive-through signage and menu/ordering board layout; staff said the signage is in keeping with other drive-throughs in the region and recommended it be accepted as part of the approval.

Sam Malinowski, the applicant’s engineer, was present to confirm the applicant will revise plans to eliminate encroachments and adjust drainage and landscape locations as needed. The commission approved the site plan by voice vote, 8-0, subject to staff comments and the requirement to remove encroachments and relocate landscape elements outside the Southern Star easement.