Legislation Details

File #: CUP-26-43    Version: Name:
Type: Action Item Status: Individual Consideration
File created: 8/6/2026 In control: Planning and Zoning Commission
On agenda: 8/25/2026 Final action:
Title: CUP-26-43 (True Texas BBQ) Hold a public hearing and consider a request by Joshua Elledge, on behalf of True Texas BBQ, for a Conditional Use Permit to allow on premise consumption of Beer & Wine, located at 1074 E McCarty Ln, Ste 102. (K. Buck)
Attachments: 1. CUP-26-43 Staff Report, 2. CUP-26-43 Maps, 3. CUP-26-43 Business Details, 4. CUP-26-43 Application Documents, 5. CUP-26-43 CUP Matrix, 6. CUP-26-43 Presentation
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AGENDA CAPTION:
Title
CUP-26-43 (True Texas BBQ) Hold a public hearing and consider a request by Joshua Elledge, on behalf of True Texas BBQ, for a Conditional Use Permit to allow on premise consumption of Beer & Wine, located at 1074 E McCarty Ln, Ste 102. (K. Buck)
Body
Meeting date: August 25, 2026

Department: Planning and Development

Amount & Source of Funding
Funds Required: N/A
Account or Project Number (C = CIP funds): N/A
Funds Available: N/A
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Prior Council Action: N/A

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Background Information:
True Texas BBQ is proposed as part of the new HEB grocery store and will be accessible only through the interior of the store. The applicant has stated that there will be no live music, acoustic performances, stages, or designated dancing areas associated with the restaurant. Instead, ambient background music will be limited to the same in-store music played throughout HEB.

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 and can restrict amplified sound during these times: Sunday-Thursday after 10pm and Friday & Saturday after 11pm or if amp...

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