AGENDA CAPTION:
Title
CUP-24-33 (Urban Bird Hot Chicken) Hold a public hearing and consider a request by Chris Manriquez, on behalf of Urban Bird Hot Chicken, for a Conditional Use Permit to allow on premise consumption of Beer & Wine, located at 205 West Hopkins Street. (C. Garrison)
Body
Meeting date: August 27, 2024
Department: Planning and Development Services
Amount & Source of Funding
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Fiscal Note:
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Vision San Marcos - A River Runs Through Us
Background Information:
The property has been most recently occupied by Schlotzky’s Resturant and Local Joe’s Restaurant. Urban Bird is applying for a Conditional Use Permit to allow for the on-premise consumption of Beer and Wine. The property is located out of the Central Business Area’s boundaries.
This site is subject to Alternative Compliance Case: AC-23-02, that was applied for and approved by the Planning and Zoning Commission in March of 2023. The alternative compliance was necessary due to the structure not being two-stories of height within the CD-5D Zoning district. The new applicant, Urban Bird is still subject to the conditions of the alternative compliance:
1. A minimum of 1 shade tree shall be planted in front of the building within the public right-of-way along W Hopkins Street in accordance with the City’s Development Code Section 3.8.1.6;
2. Within the first 90 days after the business opens, a pergola-type shade structure shall be provided over the entire private outdoor seating area along W Hopkins Street;
3. The existing fence adjacent to all three rights-of-way shall be revised to be 50% open and shall meet all other fence requirements in the Development Code;
4. The gate entrance along Hopkins Street shall remain open for public access during business hours;
5. All other code requirements shall be met;
6. This permit shall expire upon an expansion of the building or site improvements of greater than 25%.
The conditions of the Alternative Compliance have been met except for the construction of a pergola-type shade structure. Staff has included this as a condition within the Conditional Use Permit.
Signage was added to the exterior of the building without a permit. Planning Department and Code Enforcement notified the property owner on 7/18/2024 that the signage does not meet code, and that a separate sign permit needs to the applied for. A condition has been added to this CUP to help address the issue.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval with the conditions:
1. The permit shall be valid for one (1) year provided standards are met;
2. Permit for a pergola shade cover as required by AC-23-02 shall be submitted prior to CUP issuance;
3. The non-conforming signs shall be corrected prior to CUP issuance;
4. The permit shall be effective upon issuance of the Certificate of Occupancy;
5. The permit shall be posted in the same area and manner as the Certificate of Occupancy.