San Marcos P&Z Approve Railyard CUP Renewal, Remove Music Restriction

Staff Reports

The San Marcos Planning and Zoning held a public hearing on Tuesday to consider the renewal of a Conditional Use Permit for Railyard Bar & Grill, LLC.

The Railyard opened in 2011 and received its latest CUP in April 2014, which was valid for three years. The CUP expired in April 2017.

According to staff, the applicant filed for their renewal in December, and if the Fire Marshal hadn’t expressed concerns regarding an outdoor fire pit, the business may have received a lifetime CUP.

However, concerns with the fire pit brought the item back to planning and zoning for consideration with a new condition as well as an expiration date of one year.

In addition, the applicant requested the removal of the live music restriction on the CUP to allow music to be played on the outdoor stage.

According to Robert Hageman, owner, the business has been holding live music on an outdoor stage unaware of the outdoor music restrictions. However, Hageman said all of his residents were made aware of the bar and potential noise from it when they signed a lease with the complex.

Hageman told commissioners he built Lindsey Lofts with six-inch exterior walls to create a sound barrier for residents from trains.

The Railyard Bar & Grill is located in Downtown San Marcos on Edward Gary St.

Hageman said that he had spoken multiple times with members of the San Marcos Police Department, who came out to the property, and was told businesses in downtown were not restricted by an ordinance regarding music.

Commissioner Lee Porterfield expressed concerns about the business’s oversight regarding the CUP expiration.

Commissioners voted to approve a one-year CUP with a vote of 7-0 with Commissioners Mark Gleason and Angie Ramirez absent.

The Railyard’s CUP will return to Commissioners for renewal in one year with the intent of allowing the applicant time to acquire the proper permitting for use of the outdoor fire pit.

The CUP Conditions are listed below.

1. The permit shall be valid for one (1) year, provided standards are met;
2. The outdoor fire pit shall not be utilized until it has been approved and permitted for use by the City; and
3. The permit shall be posted in the same area and manner as the Certificate of Occupancy.