AGENDA CAPTION:
Title
Receive a Staff presentation and hold a Public Hearing, to receive comments, and consider an appeal of the decision of the Planning and Zoning Commission to deny CUP-21-21, a request by Eric White, on behalf of Vodka Street Global Bistro, for the renewal of a Conditional Use Permit to allow the sale and on-premise consumption of Mixed Beverages at 200 North LBJ Drive, Suite 101 and provide direction to Staff.
Body
Meeting date: September 29, 2021
Department: Planning & Development Services
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
Comprehensive Plan Element (s):
☐ Economic Development
☐ Environment & Resource Protection
☐ Land Use
☐ Neighborhoods & Housing
☐ Parks, Public Spaces & Facilities
☐ Transportation
☐ Core Services
☒ Not Applicable
Master Plan:
N/A
Background Information:
The applicant is requesting a renewal of the Vodka Street CUP for the on premise consumption of mixed beverages. The establishment’s original CUP was issued in 2014. A renewal of that permit was administratively approved in 2017.
Restaurant and Bar uses serving alcohol within the downtown CBA are subject to specific Use
Standards which include limitations on noise, cleanliness of immediately adjacent areas, serving meals to customers, and 3‐year maximum terms of CUP validity.
Staff’s recommended conditions correspond with the conditions of prior approvals and concerns from other departments.
Reversal of the Planning and Zoning Commission’s decision to deny the CUP would require approval by at least 6 members of the City Council.
Council Committee, Board/Commission Action:
At their regular meeting on July 13, 2021, the Planning and Zoning Commission heard the request and voted to postpone action on the renewal request with a 9-0 vote. This was to allow the applicant a chance to be present at the meeting in order to answer questions from the Commission.
At their regular meeting on August 10, 2021, the Planning and Zoning Commission voted to deny the renewal request with an 8-0 vote.
The applicant submitted an application for the appeal on August 24, 2021, meeting the requirements of Section 2.8.3.6 of the San Marcos Development Code
Alternatives:
N/A
Recommendation:
Staff provides the following conditions for consideration, should the City Council choose to approve the request:
1. The permit is valid for three (3) years, provided standards are met.
2. The permit shall be effective upon compliance with the corrective action form issued by Code Compliance.
3. Food shall be available to patrons in all areas of the restaurant in a manner that meets the requirements of Section 5.1.5.5(4)(b), Eating Establishments - Downtown CBA Boundary.
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.