AGENDA CAPTION:
Title
CUP-26-23 (Axis) Hold a public hearing and consider a request by R&B South Sisters Inc., on behalf of Axis, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages located at 202 N LBJ Drive Suite A. (C.Garrison)
Body
Meeting date: May 26, 2026
Department: Planning and Development Services
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Background Information:
Axis has held a “Restaurant (Eating Establishment)” Conditional Use Permit (CUP) since 2024. In accordance with the Development Code, a “Restaurant (Eating Establishment)” located within the Central Business Area (CBA) must meet certain standards related to kitchen equipment, meal periods, advertisement, and cleanliness outlined in Section 5.1.5.5.B.4.b.
2024: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for six months, with conditions. The business owner changed the name of the business to ‘Axis’ and opened in February of 2020. Staff issued a Certificate of Occupancy for Axis without communicating that a new Conditional Use Permit would be required. For this reason, the business owner was under the impression that the lifetime CUP issued to Kiva would continue through the name change. Staff recommended one-year due to extra time that Axis had gone without a CUP from 2020-2024.
2025: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for one year with conditions. Staff recommended one-year due to extra time that Axis had gone without a CUP from 2020-2024.
Senate Bill 1008 provides provisions on the city’s ability to prohibit amplified sound at a restaurant. Per this bill and staff’s analysis, the City can enforce the existing noise ordinance.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval with the following conditions:
1. This permit shall be valid for three (3) years, and shall expire May 26, 2029, provided standards are met.
2. The business is responsible for cleaning the area within 100 feet of exit (LDC Section 5.1.5.5.E.2.d)
3. The maximum 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;
4. The business must have a kitchen and food storage facilities of sufficient size to enable food preparation. The kitchen must be equipped with, and must utilize, a commercial grill, griddle, fryer, oven, or similar heavy food preparation equipment;
5. The business must serve meals to customers during at least two meal periods each day the business is open. A meal must consist of at least one entree, such as a meat serving, a pasta dish, pizza, a sandwich or similar food in a serving that serves as a main course for a meal. At least three entrees must be available during each meal period. A meal period means a period of at least four hours;
6. The business must be used, maintained, advertised and held out to the public as a place where meals are prepared and served;
7. This permit shall be posted in the same area and manner as the Certificate of Occupancy.