Olive Garden’s CUP Renewal Request Decision Postponed

While the city received no letters of concern, several members of the community spoke with city staff before the meeting above vehicle noise at the property.

Last Tuesday, the San Marcos Planning and Zoning commission considered the renewal of Olive Garden’s Conditional Use Permit and tabled the issue pending further review.

The chain restaurant opened its San Marcos location in early 2017. The lot, which sits up against a residential area, was previously home to a Ford dealership on North I-35.

The CUP was originally approved by P&Z in December of 2015; In January of 2016, city council appealed P&Z’s decision, and the CUP was approved with modified conditions.

The restaurant was restricted from having outdoor dining space and amplified music. Olive Garden was also required to place signs directing traffic away from neighborhood streets.

While the city received no letters of concern, several members of the community spoke with city staff before the meeting above vehicle noise at the property.

Pedro Quintero, a resident in Sunset Acres, spoke against the restaurant’s CUP renewal.

“Now that Olive Garden has been consuming alcohol on that premises, the people that attend there and eat and dine are making a lot of noise,” Quintero said. “Their cars go off, their keys, their loud music…we can’t sleep. Our neighbor has a dog. The dog goes off.”

Quintero expressed a need for a better sound barrier between the restaurant’s parking lot and the residential properties next door. Currently, there is a six-foot wooden fence, which was built for the purpose of dampening the noise created by Olive Garden patrons.

According to Quintero, the fence has caused flooding in the area; he believed it was supposed to be eventually raised to allow water to pass through but has seen no evidence of it.

“Alcohol just doesn’t seem to be the answer to that place,” Quintero said. “It’s going to create more problems toward the neighborhood; it’s just too close…too much noise.”

Community members expressed other concerns too. Eighteen wheelers have been using the neighborhood streets. However, staff said the trucks were not necessarily related to the business itself and were using the neighborhood to go around traffic on I-35.

Lisa Marie Coppoletta spoke during the public comments on the issue; she felt the restaurant should be denied the CUP until residents’ concerns were addressed.

Coppoletta said the restaurant should have added a concrete wall and retention ponds to protect Sunset Acres’ residents from noise and flooding issues.

No representatives from Olive Garden were present at the meeting to speak on the restaurant’s behalf.

According to Planner Will Parrish, the city nor the police department has received any noise complaints about Olive Garden; the impression given to staff by members of the community is the loud music is coming from the vehicles of the patrons leaving and entering the property.

City Staff recommended a 3-year CUP be approved by P&Z, but Jim Garber, Commissioner Chair, requested staff to investigate solutions for the concerns raised by Sunset Acres residents including options for better noise barriers.

Parrish said staff will have to get with the Engineering department to ensure any barrier solutions will function properly and allow water to pass through to help with flooding.

The decision has been postponed and will be readdressed during P&Z’s Feb. 27 meeting; this will allow staff to find possible solutions to resolve residents’ concerns.

Commissioners will look for more feedback from residents in Sunset Acres.