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City Council Meeting Minutes February 7,2017 <br /> Commission granted a Conditional Use Permit (CUP-16-34) for the sale of mixed <br /> alcoholic beverages for on-site consumption to Gumby's Pizza and Wings at 312 <br /> West Hopkins Street. <br /> Mayor Thomaides opened the Public Hearing at 8:28 p.m. <br /> Cathy Dillon, 1000 Burleson,addressed the Council as the filer of the appeal <br /> and spoke about how she feels that Hopkins Street is in the danger of becoming <br /> an entertainment district. She provided some petitions to the City Clerk that <br /> were signed by individuals from the neighborhood to be passed around. She <br /> stated that there is a fear that others will follow if this CUP is approved. She <br /> quoted the Comp Plan and said that they should not be in a T5 area and that <br /> there should be a buffer. She stated that they are asking that the Council <br /> repeal the CUP. She stated that she believed this new neighbor is not <br /> compatible with what is already there, and that it would violate the land <br /> development code. <br /> William Agnew, 716 Belvin Street, spoke about the arguments that Gumby's <br /> provided at the P&Z , "That they are wonderful and that there are other places <br /> in town." He spoke against the two statements they previously made. He <br /> apologized to Gumby's for throwing that back at them, but he provided that <br /> Crystal River Inn has already been impacted by Zelick's. He spoke about his <br /> observations of the customers of places that are visited for late night food. He <br /> addressed the fact that a rehabilitation program is renting space next door, and <br /> that they could probably move, but they shouldn't have too. <br /> Forrest Higdon, 14209 Montemoyer,Austin, TX, stated that the Council <br /> created the area that he is wishing to relocate to a T5 zone, and it is a high <br /> intensity zone. He explained how they are taking an underutilized building and <br /> improving it. He stated that they are not in or close to the Historic District. He <br /> stated that throughout this process they have complied with everything that <br /> has been requested of them. They will not have open air seating or outdoor <br /> music. He stated that they liked the idea of an idea of an outdoor patio, but <br /> that it will now be changed to be included in the enclosed dining room. He <br /> stated that having a CUP in this area is nothing new. He stated that three <br /> locations have CUPs in the area. He stated that they are very much a <br /> restaurant and not a bar. He stated that they trying to remain competitive in <br /> the changing climate of with new pizza restaurants coming into the community <br /> that can serve alcohol. <br /> Eric Lune, 833 RR 12,waved his time to Mr. Higdon. <br /> City of San Marcos Page 6 <br />