Legislation Details

File #: CUP-26-55    Version: 1 Name:
Type: Action Item Status: Individual Consideration
File created: 9/21/2026 In control: Planning and Zoning Commission
On agenda: 10/13/2026 Final action:
Title: CUP-26-55 (IHOP/Applebees) Hold a public hearing and consider a request by Kyle Hill, on behalf of IHOP/Applebees, for a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 310 N IH 35. (K. Buck)
Sponsors: Kaitlyn Buck
Attachments: 1. CUP-26-55 Staff Report, 2. CUP-26-55 Maps, 3. CUP-26-55 Business Details, 4. CUP-26-55 Application Documents, 5. CUP-26-55 CUP Matrix, 6. CUP-26-55 Presentation
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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AGENDA CAPTION:
Title
CUP-26-55 (IHOP/Applebees) Hold a public hearing and consider a request by Kyle Hill, on behalf of IHOP/Applebees, for a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 310 N IH 35. (K. Buck)
Body
Meeting date: October 13, 2026

Department: Planning & 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):
N/A Arts and Culture - Choose an item.
N/A Economic Development - Choose an item.
N/A Environment & Resource Protection - Choose an item.
N/A Housing + Neighborhoods - Choose an item.
N/A Land Use + Community Design and Character - Choose an item.
N/A Parks & Public Spaces + Health, Safety & Wellness - Choose an item.
N/A Transportation - Choose an item.
N/A Core Services
N/A Not Applicable

Master Plan:
Choose an item.


Background Information:
This location was formerly Hooters, which held a restaurant CUP with the sale of mixed beverages and a late-hour TABC permit from 2020-2026.

Per Senate Bill 1008 bill and staff’s analysis, the City can only enforce the existing noise ordinance. No additional conditions related to amplified sound can be added to this Conditional Use Permit.
Council Committee, Board/Commission Action:
N/A

Alternatives:
N/A

Recommendation:
Staff recommends approval with the following conditions:
The permit shall be valid for one (1) year, and shall expire October 13, 2027, provided standards are met;
The business shall be 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 with another alcohol CUP Holder’s maintena...

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