AGENDA CAPTION:
Title
CUP-24-69 (Axis) Hold a public hearing and consider a request by Henry Hogensen, on behalf of Axis, for renewal of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 202 N LBJ Dr, STE A. (K. Buck)
Body
Meeting date: December 10, 2024
Department: Planning and Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: 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):
☐ Economic Development - Choose an item.
☐ Environment & Resource Protection - Choose an item.
☐ Land Use - Choose an item.
☐ Neighborhoods & Housing - Choose an item.
☐ Parks, Public Spaces & Facilities - Choose an item.
☐ Transportation - Choose an item.
☐ Core Services
☒ Not Applicable
Master Plan:
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Background Information:
The subject business is located in the “walk out” basement of the building with a primary entrance that faces the parking lot adjacent to Hopkins Street. Previous businesses at this location include ‘Jay’s Bistro’, ‘Taxi’s’, and ‘Kiva’. In 2004, J’s Bistro received a Conditional Use Permit for the lifetime of the TABC license. In 2016 the business pursued an administrative name change to “Kiva” and maintained the CUP for the lifetime of the TABC license. In 2016 the business amended their CUP to include an outdoor patio and received approval of the CUP valid for one year. Kiva permanently closed in late 2019.
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 originally issued to Kiva would continue through the name change.
Throughout 2024, staff has gone through a deep dive into every CUP ever issued and began sending letters to businesses out of compliance. Through this process the owner of Axis was notified and immediately submitted an application.
Council Committee, Board/Commission Action:
N/A
Alternatives:
N/A
Recommendation:
Staff recommends approval of CUP-24-69 with the following conditions:
1. Permit shall be valid for one (1) year, provided standards are met; and
2. Food shall be available to patrons in all areas of the restaurant in a manner that meets the requirements of Section 5.1.5.5(4)(b), Eating Establishments - Downtown CBA Boundary; and
3. The permit shall be posted in the same area and manner as the Certificate of Occupancy.