Planning & Zoning Commission - Regular Meeting

I call this regular meeting and planning and zoning commission to order on Tuesday, August 11th, 2026 at 6 p.m. May we have roll call, please?

Commissioner Agnew?

Here.

Commissioner Bryan?

Here.

Commissioner Burleson?

Here.

Commissioner Case? Here. Commissioner Castillo?

Here.

Commissioner Dunn?

He's not online. She's not online.

Apologies, she just logged in or let her in.

Hear me.

Yes, we can hear you and go ahead. Will and we're just calling the roll commissioner. Thank you.

Commissioner done. Yeah, Commissioner Hardy here and Commissioner Johnson here.

Everyone is . All right, I'd like to welcome everybody to tonight's meeting and ask that you please sign off your cell phones. The commission may only discuss items posted on tonight's agenda. All the information is reported to staff. The commission will strive to ensure the meetings are conducted in a courteous manner and atmosphere free of defamation, intimidation, personal insults, profanity, or threats of violence. This now brings us to our citizen comment period. Anybody in the chambers wish to speak? Do we have anybody online who wishes to speak?

I know, Chair.

All right, seeing none, bring us to our consent agenda. I can admit motion to approve the consent agenda. I'll second motion approved by commissioner Dunn. Seconded by commissioner Burleson. Do you have any amendments? Yes, sir. Commissioner Agnew. Yes, we do.

We have two items in the, in the minutes that aren't factually correct. One, the call to order the minutes as we have them says that call to order was by chair case who was absent and I had to preside in his absence. So I actually did the call to order. and also agenda item four, CUP 2636. The minutes reflect a unanimous vote for the motion and actually that's not true because I voted against the motion. So I would propose an amendment to correct both of those things so that the call to order says it was called to order by Vice Chair Agnew. And on agenda item four, CUP 2636, it shows Commissioner Agnew voting against the motion.

Okay. Do we have any further discussion on this amendment?

I'll second it. We have a second?

Okay. Any further discussion? All right. May we get a roll call on the amendment, please?

Commissioner Bryan. Commissioner Burleson?

Aye.

Commissioner Case? Aye. Commissioner Castillo?

Aye.

Commissioner Dunn?

Aye.

Commissioner Hardy?

Aye.

Commissioner Johnson?

Aye.

We're back to our original motion as amended.

I was not called, but I'll vote aye also. For the minutes, too. To the amendment, okay.

Please note, Commissioner Agnew is an aye. We are back to our original motion with the amendment. Any further discussion on this item? All right, seeing none, roll call vote, please.

Commissioner Burleson?

Aye.

Commissioner Case? Aye. Commissioner Castillo?

Aye.

Commissioner Dunn?

Aye.

Commissioner Hardy?

Aye.

Commissioner Johnson?

Aye.

Commissioner Agnew? Aye. And an aye from Commissioner Bryan. Thank you.

Thank you. Now brings to item number two.

Item number two, CUP 2616, One Time Tavern. Hold a public hearing and consider a request by Florencio Cuevas on behalf of One Time Tavern for renewal of a conditional use permit to allow on-premise consumption of mixed beverages located at 1700 South IH 35.

We will open the public hearing.

Good evening, Chair, Commissioners, Craig Garrison, Planner. One Time Tavern is located at the corner of Kingwood Street and South IH 35 frontage. Next slide. The business has held a conditional use permit since 2019. Surrounding uses include retail, warehouses, automotive repair, and single family residential. Next slide. The existing zoning is heavy commercial. The hours of operation are Monday through Wednesday, 3 p.m. to 12 a.m., Thursday, 12 p.m. to 12 a.m., Friday through Saturday, 12 p.m. to 1 a.m., and Sunday, 12 p.m. to 12 a.m. The previous conditional use permit expires on July 14th of 2026, and there are four calls reported on the police report in your packet. Next slide. Staff use San Marcos Development Code Section 2834 and 5155 when reviewing this case, and this analysis is found in your staff reports. This proximity map shows the measurements of the nearest single family zoned properties. The measurement is over 300 feet as measured door to door per TABC regulations. Next slide. This is the current site plan. For notifications, there were 43 notices that were mailed to surrounding properties and one posted sign placed on the property. Staff has received zero comments for or against. Next slide. Staff recommends approval of CUP 2616 with the following conditions. This permit shall be valid for three years and shall expire August 11th of 2029, provided standards are met. No outdoor amplified sound shall be permitted. The businesses are responsible for the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 50 feet of any entrance and exit, in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap another alcohol CUP holder's maintenance area, land development code section 5155E2C. 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 the permit should be posted in the same area and manner as the certificate of occupancy. That concludes my presentation. I do know the applicant is available for any questions. Thank you.

Thank you. If the applicant would so choose so, you may speak in favor of your permit at this time. Please just state your name and address.

Hi, my name's Florencio Cuevas, owner of the One Time Tavern. I'm open for any questions.

Thank you, sir. Anybody else in the chambers wish to speak? Anybody online? I'll close the public hearing.

I'll make a motion to approve CUP 2016, except that it will expire on July 14, 2029, which is three years from the expiration of the previous CUP.

I'll second that.

Motion approved by Commissioner Agnew, seconded by Commissioner Costillo. Any further discussion? Yes. Commissioner Burleson.

Yes.

I think we're talking about the same thing, but I'm a little confused cause I'm looking at the packet and it says staff recommend recommends the permit valid for one year. Um, expiring August 11th, 20 27.

But here it says recommendations, right? So yeah, I'm looking at valid for three years and she'll expire August 11th, 20 29.

So I'm looking at version two in the packet. Is that the issue?

I'm not sure what version two is, but on the legislature items that I've printed today, I have both three years and August 11th.

That's what mine shows. Is there another one that shows differently?

Yeah, I'm looking at it. Well, you say one year or three years. Mine says three years. And yours was printed today?

No, it was printed last week, I think.

When it was picked up. No, staff said three years.

So I can clarify that staff's recommendation is three years and she'll expire from August 11th. And we do have a Commissioner Agnew's change on the floor.

Okay. And this is a existing permit holder?

Yes, Commissioner.

Okay. Yeah. one of you will have to take a look at this after the meeting because it's also saying that CUP 2616 is a new request.

I'd be glad to.

And just so that you don't think you're crazy. I am looking at mine, but I'm looking at legistar, not the posted packet. And it's just in the staff recommendation. It does say, uh, valid for one year expiring in 27. So you're not imagining it, but for some reason there probably was a, something was updated or switched.

We thought we were both crazy. So we just wanted to make sure that we were on the same page.

And I will say, you know, we've been, we've been working through some things with legislature over the last couple of meetings. So we'll, we'll, we'll take a look at it. Yeah.

There have been deep glitching on us or having another, there were some issues where it wasn't accepting edits on the the main facing page of legislature, but the back of documents could be corrected. And so that's probably what happened.

I'm good with three years. I just wanted to make sure that the paper was right on what we're voting on.

Certainly if this is an existing application, like this is, that's fine.

It just, thank you for catching that. Thank you. And, and just to clarify, there's, there's not an issue with, with the posting. It's the posting doesn't, indicate that it's for one year or three years, we're fine with the open meetings. It's just as the background information had maybe that glitch.

Any further questions? All right, we got a motion approved by Commissioner Agnew, seconded by Commissioner Costillo with an update to the expiration date being July 14th, 2029. May we have a roll call, please?

Commissioner Case? Aye. Commissioner Costillo?

Aye.

Commissioner Dunn?

Aye.

Commissioner Hardy?

Aye.

Commissioner Johnson?

Aye.

Commissioner Agnew? Aye. Commissioner Bryan? Yes. Commissioner Berluscon?

Aye.

Motion passes. All right. Brings us to item number three. Item number three, CUP 2637. Saloon 1904, hold a public hearing and consider a request by Bill Good on behalf of Saloon 1904 for a conditional use permit to allow on-premise consumption of mixed beverages located at 1904 Old Ranch Road 12, Suite 107 and 108.

We will open the public hearing. Good evening, Chair, Commissioners Craig Garrison, Planner. Salute 1904 is located on Old Ranch Road 12, approximately 700 feet east of Country Estates Drive. Next slide. This is a new conditional use permit request for on-premise consumption of alcohol and the use as a bar. Surrounding uses include retail sales and services, personal storage, Texas State University property across the street, retail services, and a funeral home. Next slide. The existing zoning is commercial district CM. The proposed hours of operation are Monday through Saturday, 11 AM to 12 AM. Next slide. Staff used San Marcos Development Code Section 2834 and 5155 when reviewing the case, and this analysis is found in your staff reports. Please see the proposed floor plan. For notifications, 13 notices were mailed to surrounding properties and one posted sign placed on the property. Staff has received zero comments for or against. And staff recommends approval of CUP 2637 with the following conditions. This permit shall be valid for one year and shall expire August 11th of 2027, provided standards are met. The business shall be responsible for the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 50 feet of any entrance and exit in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap with another alcohol CUP holder's maintenance area. Land Development Code Section 5155E2C. The number of people occupying the building is required to remain compliant with the fire code to include ensuring the occupant would stay at or below posted levels listed. And this permission will be posted in the same area and manner as the certificate of occupancy. I do know the applicant is available for any questions. Thank you.

If the applicant would like so, you may speak in favor of your permit at this time. Sir, if you please state your name and address.

Sure. My name is Bill Good. I'm at 208 Loma Vista in Wimberley. The business, again, is at 1904 Old Ranch Road 12, Suite 107 and 108. I'm available for questions, as is my business partner, Pam Tice. Thank you, Mr. Good.

Anybody else in the chambers wish to speak? Anybody online? Seeing none, we'll close the public hearing. I'll motion to approve.

I'll second. I'll second.

Okay, motion approved by Commissioner Case, seconded by Commissioner Burleson. Any further discussion on this item? Yes, sir, Commissioner Agnew.

I have a question. Is this the same shopping center where the White Horse Saloon used to be? Is this the same shopping center where the White Horse Saloon used to be?

I'm unfamiliar. Yes, it is.

Yes.

Yes.

Gray Horse. Gray Horse. I'm sorry. No wonder you're unfamiliar with it. Okay. But this is the same shopping center, right? Yes. But not the exact same location? Exact same location. Oh, okay. Okay, thank you.

This is the Crestwood shopping center. Yeah.

Right. I knew that. Okay. It used to be outside of the city limits and it was annexed. So. Okay. Thank you. Any further discussion?

All right. CNN roll call.

Commissioner Castillo.

Aye.

Commissioner Dunn. Aye. Commissioner Hardy.

Aye.

Commissioner Johnson.

Aye.

Commissioner Agnew. Aye. Commissioner Bryan. Aye. Commissioner Burleson.

Aye.

Commissioner case. Aye. Motion passes.

Thank you, brings us to item number four.

Item number four, CUP 2640, Hat Creek Burger Co. Hold a public hearing and consider a request by Drew Gresset on behalf of Hat Creek Burger Co. for amendment of a conditional use permit to allow on-premise consumption of mixed beverages located at 4206 South IH 35.

We will open the public hearing.

Good evening, commissioners. Caitlin Buck with Planning and Development Services. The subject property is approximately one acre and is located along I-35 Frontage Road, approximately 240 feet south of Centerpoint Road. The subject business is an existing restaurant with on-premise consumption of alcohol. The business has held a beer and wine CUP since 2017. The applicant is requesting to amend their existing CUP to allow mixed beverages. Surrounding uses include retail, hotels, and restaurants. The subject property is zoned general commercial and is surrounded by general commercial on all sides. The current CUP expires on August 27th of 2028. There are no police calls recorded for this business. All criterias for approval have been met from both sections two as well as section five. No changes have been made to the site plan or floor plan. Staff has sent out personal and posted notices for the site in compliance with state law. Staff has not received any comments regarding this case. Staff recommends approval with the following conditions. The permit shall be valid for three years and shall expire on August 11th, 2029 provided standards are met. The business shall be responsible for the subject property and the abutting right of way, excluding the public street or alley pavement within 50 feet of any entrance and exit in a clean and sanitary condition free from litter and refuse at all times. The maintenance responsibilities shall not overlap any with another alcohol CUP holder's maintenance area. 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. The permit shall be posted in the same area and manner as the certificate of occupancy. The applicant is online if you have any questions and that concludes my presentation.

All right, the applicant would like to speak in favor of your permit. Please just state your name and address at this time.

Good evening. My name is Lucas Lee. Address is 4206 South Interstate Highway 35, San Marcos, Texas 78666. And I appreciate all you guys. Thank you.

Thank you, Mr. Lee. Do we have a Brandon Harris who would like to speak at this time?

Yes, I'm also here as well. Just wanted to reiterate what Lucas said, but yeah, looking forward to adding this menu item to our clientele and very happy to be a part of this in-market community and add this option to our menu.

Thank you, sir. Is there a Catherine Chamblee? I apologize if I mispronounced that last name online.

Nope, that's perfect. Can you hear me?

Yes, ma'am. If you please just state your name and address.

Yes, it's Catherine Chamblee, 511 West 7th Street in Austin, Texas. We represent Hat Creek Beverage Company LLC in this application for a CUP request for sale of mixed beverages in conjunction with a restaurant. The location as stated currently has a CUP for the sale of beer and wine. This will simply add options such as margaritas to an otherwise robust menu. And in addition to the beer and wine that they're already serving, Because this is just simply the addition of mixed beverages such as margaritas, there won't be a significant change, we don't believe, to alcohol versus food sales. The location will remain in compliance with all city ordinances. I just wanted to thank you all for allowing us to present here today and Caitlin, as usual, for her assistance in walking us through this process. Both of the Hat Creek corporate members have already spoken. So again, we all appreciate your allowance of us to speak here today and present before you all. Thank you again.

Thank you. We will close the public hearing.

I'll make a motion to approve CEP-26-40 with staff recommendations. I'll second.

We got a motion to approve by Commissioner Dunn, seconded by Commissioner Burleson. Any further discussion on this item? Yes, sir, Commissioner Adler.

Yeah, I've got one question. The mixed beverages portion, is this just to allow the sale of margaritas?

Can I answer that?

Yeah.

Yeah. Hey, this is Lucas Lee. I'm the director of business operations for hat Creek. Yes, that's correct. So we are just planning on serving frozen margaritas out of a frozen margarita machine and no other, um, no other liquor beverages. Uh, do we have planned to serve? We're not, uh, not, not considered a bar. We're not planning on serving anything else except beer, wine, and frozen margaritas.

Are these going to be margaritas made with tequila or wine-based margaritas?

These will be made with tequila and triple sec and are homemade batch. Answer my question.

Thank you very much.

You bet.

Any further discussion? All right. CNN, roll call, please.

Commissioner Dunn?

Aye.

Commissioner Hardy? Aye.

Aye.

Commissioner Johnson?

Aye.

Commissioner Agnew? Aye. Commissioner Bryan? Aye. Commissioner Burleson?

Aye.

Commissioner Case? Aye. Commissioner Costilla?

Aye.

Motion passes.

All right, thank you. Now it brings us to questions and answers. Press in public. Do we have anybody in the chambers of wishes to participate? Do we have anybody online?

No, Chair.

All right, seeing none, this brings us to adjournment.

I move to adjourn. I make motion to adjourn.

Motion to approve by Commissioner Costilla, second by Commissioner Burleson. Can we have a roll call, please?

Commissioner Hardy?

Aye.

Commissioner Johnson?

Aye.

Commissioner Agnew? Aye. Commissioner Bryan? Yes. Commissioner Burleson?

Aye.

Commissioner Case? Aye. Commissioner Costilla?

Aye.

Commissioner Dunn? Did Commissioner Dunn? Commissioner Dunn?

Aye. Aye.

you'll not hear me we got you and that is meeting adjourned at 6 23. thank you