AGENDA CAPTION:
Title
CUP-26-31 (Bluebonnet Copacking) Hold a public hearing and consider a request by Brian Smittle, on behalf of Bluebonnet Copacking, for renewal of a Conditional Use Permit to allow on premise consumption of Beer & Wine, located at 110 E MLK Drive Suite 130. (C. Garrison)
Body
Meeting date: June 23, 2026
Department: Planning and Development Services
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Background Information:
The applicant is renewing a Conditional Use Permit (CUP) for a tap-room associated with a brewery. The CUP is required to have on-premise consumption of alcohol within the tap-room, and not for the brewery use.
Per Senate Bill 1008 and since this a bar, the City can enforce the existing noise ordinance and the conditions related to noise added to this CUP.
August 2017: Hops & Grain issued a CUP for on-premise consumption as a Brewery Use, which was an allowable use at the time in the T-5 zoning district.
April 2018: San Marcos Development Code amendment changed T-5 to CD-5D and removed Brewery as an allowable use. At this time the use became nonconforming.
2020/2021: Staff approved an administrative name change from Hops & Grain to Aquabrew, The Conditional Use Permit for alcohol sales and the Brewery Use were maintained. (No lapse of 6 months or more)
Late 2023/ Early 2024: The subject property discontinued use as a Brewery and remained vacant for more than 6-months.
February 2025 - Reinstatement of nonconforming rights approved by the Zoning Board of Adjustment to allow for the Brewery Use.
2025: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, with conditions.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval with the following conditions:
1. This permit shall be valid for three (3) years, and shall expire June 23, 2029, provided standards are met;
2. No outdoor Amplified Sound shall be permitted after the closing of the business but in no case later than 12am.
3. The business is responsible for cleaning the area within 100 feet of any exit (LDC Section 5.1.5.5.E.2.D);
4. The number of people occupying the building is required to remain compliant with the fire code, to include ensuring that occupant loads stay at or below posted levels; and
5. This permit shall be posted in the same area and manner as the Certificate of Occupancy.