AGENDA CAPTION:
Title
CUP-26-54 (Axis) Hold a public hearing and consider a request by Miles Altget, on behalf of Axis, for 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: October 13, 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.
2026: The renewal of the Restaurant CUP was approved by the Planning and Zoning Commission for six (6) months with conditions.
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 one (1) year, and shall expire October 13, 2027, provided standards are met.
2. The business is responsible for the subject property and the abutting right-of-way, excluding the public street or alley pavement, within 50 feet of any entrance and exit, in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap another alcohol CUP holder’s maintenance area. (LDC Section 5.1.5.5.E.2.c);
3. The number of 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 list; and
4. This permit shall be posted in the same area and manner as the Certificate of Occupancy.