AGENDA CAPTION:
Title
CUP-20-21 (Gumby’s Pizza) Hold a public hearing and consider a request by Gumby’s of San Marcos LLC on behalf of 312 Ventures for a renewal of a Conditional Use Permit for the sale of mixed beverages for on-premise consumption at 312 W. Hopkins Street. (W. Parrish)
Body
Meeting date: November 10, 2020
Department: Planning and Zoning Commission
Amount & Source of Funding
Funds Required: NA
Account Number: NA
Funds Available: NA
Account Name: NA
Fiscal Note:
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Background Information:
The applicant first applied for a Conditional Use Permit for alcohol sales at this location in 2016 prior to the business being operational. The timeline below gives an overview of the Planning & Zoning Commission and City Council meeting.
December 13, 2016 - Planning & Zoning Commission Meeting: After numerous citizens addressed concerns with the request, the Commission voted unanimously to postpone to allow the Applicant to address neighbors’ concerns.
January 10, 2017 - Planning & Zoning Commission Meeting: The Commission voted (5-1-1) to approve the request with the following conditions:
1. The CUP shall be valid for one (1) year, provided standards are met, subject to the point system;
2. The permit shall be effective upon the issuance of the Certificate of Occupancy;
3. The CUP shall be posted in the same area and manner as the Certificate of Occupancy;
4. The applicant cannot apply for a late hours TABC permit;
5. Bottles can only be disposed of during daylight hours; and
6. Speakers are not permitted outdoors.
January 20, 2017: Staff received an appeal request from Kathryn C. Dillon.
February 2, 2017 - City Council Meeting: The City Council voted 5-2 to approve the appeal and deny the Conditional Use Permit.
February 2, 2018: Gumby’s Pizza received a Certificate of Occupancy and opened for business without alcohol sales.
October 8, 2019 - Planning & Zoning Commission Meeting: The Commission voted 8-0 to approve the request with the following conditions:
1. The permit shall be valid for one (1) year, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or any unconditioned areas; and
4. The applicant shall not apply for a Late Hours TABC permit.
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Recommendation:
Staff has reviewed the application against the criteria in Sections 2.8.3.4 and 5.1.5.5 of the San Marcos Development Code and recommends approval of the request with the following conditions:
1. The permit shall be valid for three (3) years, provided standards are met;
2. The permit shall be posted in the same area and manner as the Certificate of Occupancy;
3. Live music shall not be allowed outdoors or any unconditioned areas; and
4. The applicant shall not apply for a Late Hours TABC permit.