AGENDA CAPTION:
Title
Hold a public hearing and consider an appeal by Angelica Ramirez, on behalf of Springs Bistro + Bar, of the decision of the Planning and Zoning Commission to approve a Conditional Use Permit in Case No. CUP-25-08, to allow on-premises consumption of mixed beverages, for six months, for the business located at 105 Bintu Drive, and consider authorizing a refund of $765.00 to Angelica Ramirez for the fee paid to appeal to the City Council.
Body
Meeting date: May 20, 2025
Department: Planning and Zoning Commission
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☒ Not Applicable
Master Plan:
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Background Information:
The Holiday Inn San Marcos is a four-story hotel which is located along the IH-35 Frontage Road. Food and beverages are proposed to be served in the restaurant, ballrooms, and outdoor event space. A history of the conditional use permit is as follows:
August 25, 2015 - Planning & Zoning Commission voted to approve the initial Conditional Use Permit for Springs Bistro + Bar.
April 26, 2018 - Conditional Use Permit was initially valid for one (1) year from the time the Certificate of Occupancy was issued.
August 13, 2024 - Planning and Zoning Commission approved a renewal of the CUP for 6 months, citing the business operated without an approved conditional use permit for eight (8) years.
March 25, 2025 - Planning and Zoning Commission approved a renewal of the CUP for 6 months, again citing the business operated without an approved conditional use permit for eight years.
Although the CUP was granted, the applicant is appealing Condition 1 which approved a six-month term. City Council, with a super-majority vote, may affirm, reverse, or modify the decision of the Planning and Zoning Commission.
Council Committee, Board/Commission Action:
At their regular meeting held March 25, 2025, the Planning and Zoning Commission approved the request with the following conditions:
1. The permit shall be valid for six (6) months, provided standards are met; and
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy.
Alternatives:
N/A
Recommendation:
Staff recommended approval of CUP-25-08 with the following conditions:
1. The permit shall be valid for three (3) years, provided standards are met; and
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy.