AGENDA CAPTION:
Title
CUP-26-06 (54th Street Restaurant & Drafthouse) Hold a public hearing and consider a request by Michael Norsworthy, on behalf of 54th Street Restaurant & Drafthouse, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 1303 S IH 35. (K. Buck)
Body
Meeting date: March 24, 2026
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account or Project Number (C = CIP funds): N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
Prior Council Action: N/A
City Council Strategic Initiative:
N/A
N/A
N/A
Comprehensive Plan Element (s):
☐ Arts and Culture - Choose an item.
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Housing + Neighborhoods - Choose an item.
☐ Land Use + Community Design and Character - Choose an item.
☐ Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☒ Not Applicable
Master Plan:
Choose an item.
Background Information:
2015: The business submitted a Restaurant CUP which was approved by the Planning and Zoning Commission for one year, with conditions.
2019: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for one year with conditions.
2020: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for three years with conditions.
2024: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for three years with conditions.
54th Street Restaurant & Bar shares a parking lot with the Starbucks and Olive Garden lots. The condition that employees may not park on the Olive Garden lot was recommended by staff and approved by the Planning and Zoning Commission at the March 25, 2019 meeting, due to previous complaints of noise coming from the Olive Garden lot late at night. Staff believes it is appropriate to keep the current condition in place and continue to restrict employees of 54th Street Grill from parking in the Olive Garden parking lot.
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:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-26-06 with the following conditions:
1. The permit shall be valid for three (3) years, and shall expire April 13, 2026, provided standards are met;
2. No outdoor Amplified Sound, Outdoor Background Sound, and/or Acoustic Sound shall be permitted;
3. The business is responsible for cleaning the area within 100 feet of any exit (LDC Section 5.1.5.5.E.2.d);
4. The occupancy is required to remain compliant with the fire code, to include ensuring that occupant loads stay at or below posted levels;
5. The employees shall not park on the Olive Garden lot; and
6. The permit shall be posted in the same area and manner as the Certificate of Occupancy.