SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a conditional use permit for a convenience store and gas station (serving alcohol with on-premise consumption) on Lot 1, Block 8A, Las Brisas Del Mar Subdivision, located at 8612 McPherson Road.
ZC-047-2026
District V
body
PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated By: Commercial Net Lease Realty, Owner; 7-Eleven Inc, Applicant; Tim Ilaoa, Representative
Council District: V - Cm. Ruben Gutierrez Jr.
Proposed use: The proposed use is for a convenience store and gas station (serving alcohol with on-premise consumption)
Minimum Zoning District Required for Proposed Use: B-1 (Limited Business District) zoning district.
Current Zoning District: The site is currently zoned as a B-1 (Limited Business District) zoning district.
Site: The site is currently occupied by a Stripes Convenience Store and Gas Station.
Surrounding land uses: To the north of the site is International Boulevard and a commercial plaza that includes, Universal Snacks, Subway, Golden Nail, and Tacolare. To the east of the site is McPherson Road and commercials uses that include, El Bufalo Pawn, Rauls BBQ, and Happy Tails (Dog Daycare). To the south of the site is a commercial plaza that includes, Sushi Madre, Melly’s Cakes, Ruiz Realty, Farmers Insurance, Dynamic Dance Studio, and ABC Discovery Learning Center. To the west of the site is multi family residential uses and single family residential uses.
Comprehensive Plan: The Future Land Use Map recognizes this area as Neighborhood Mixed-Use.
https://www.cityoflaredo.com/LaredoPlanning/wp-content/uploads/
2021/03/viva-laredo-city-of-laredo-comprehensive-plan.pdf#page=39
Transportation Plan: The Long-Range Thoroughfare Plan identifies International Boulevard as a Minor Arterial and McPherson Road as a Principal Arterial.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 41 In Favor: 0 Opposed: 0
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the conditional use permit.
STAFF RECOMMENDATION
recommendation
A Conditional Use Permit is intended to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. It is primarily intended for property located in older section of the city and is intended to promote development and/or redevelopment of such property, which is consistent with the land use patterns of surrounding property. The property is zoned a B-1 (Limited Business District) zoning district.
Staff supports the proposed conditional use permit for the following reasons:
1. The proposed sale and on-site consumption of margarita beverages is accessory and incidental to the existing gas station and convenience store use and is not anticipated to negatively impact the surrounding area.
2. The principal use of the property will remain a gas station and convenience store. No building expansions or site modifications are proposed in conjunction with this request.
3. Subject to the recommended conditions of approval, the proposed use is not anticipated to operate as a bar, nightclub, cantina, or similar drinking establishment and will remain subordinate to the primary commercial use of the property.
Notice to the owner/applicant:
1. The approval of the conditional use permit does not guarantee the issuance of the building permit and requires full compliance with all applicable municipal codes and regulations.
If approved, Staff suggests the following conditions
1. The primary use of the property shall remain a gas station and convenience store. The sale and on-site consumption of alcoholic beverages shall remain accessory and incidental to the principal use.
2. The CUP authorizes only the sale and on-site consumption of margarita beverages and does not authorize the establishment of a bar, nightclub, saloon, cantina, lounge, or similar drinking establishment.
3. The hours and days of operation of the margarita beverages sales shall be from Monday through Friday from 7:00 a.m. to 12:00 a.m. (midnight), Saturday from 7:00 a.m. to 1:00 a.m., and Sunday from 12:00 p.m. (noon) to 12:00 a.m. (midnight).
4. On-premise alcohol consumption is limited to margarita beverages.
5. The sale and consumption of alcoholic beverages shall be limited to areas designated on the approved site plan. Any expansion of the consumption area shall require additional review and approval by the City.
6. No outdoor consumption of alcoholic beverages shall be permitted on-site unless otherwise approved by the City through a separate permit or authorization.
7. No live entertainment, DJs, dancing, karaoke, amplified music, or similar activities shall be permitted on-site with the sale or consumption of alcoholic beverages.
8. No cover charges, admission fees, membership fees, or ticketed events associated with alcohol consumption shall be permitted.
9. No dedicated alcohol service counter separate from the convenience store checkout area shall be established without further review and approval by the City.
10. The sale and consumption of alcoholic beverages shall comply with all applicable regulations of the TABC and all other applicable federal, state, and local regulations.
11. The holder of the CUP shall maintain all licenses and permits required by TABC. Failure to maintain such licenses and permits may constitute grounds for review or revocation of the CUP.
12. The property owner and/or operator shall maintain adequate lighting and general site maintenance to ensure the safety and welfare of patrons and the surrounding area.
13. The establishment shall implement measures to discourage loitering on the premises and maintain the property in a manner that does not create a nuisance for surrounding properties.
14. Any expansion to allow on-premise alcohol consumption of margarita beverages (open container sales), including but not limited to increased seating areas, expanded consumption areas, additional alcohol service facilities, or operational changes that alter the character of the establishment, shall require additional review and approval by the City.
15. The on-site consumption of alcoholic beverages shall remain clearly subordinate and incidental to the principal gas station and convenience store use. Any operation that results in the establishment functioning primarily as a bar, nightclub, cantina, saloon, or similar drinking establishment may be subject to review, citations, required amendments, or revocation of this CUP.
16. Margarita beverages sold for off-premises consumption shall be sold for transport and shall remain in sealed containers in accordance with applicable state law and TABC regulations.
17. Any margarita alcoholic beverage sold for on-site consumption shall remain on the premises and shall not be removed from the property in an open container.
18. Appropriate signage shall be posted advising customers that open containers of alcoholic beverages may not be removed from the premises and that all alcohol sales and consumption must comply with applicable state law and TABC regulations.
19. Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.
20. Landscaping shall be provided and maintained for the complete duration in accordance with the City of Laredo Land Development Code.
21. The owner shall provide an opaque fence or wall of not less than 7 (seven) feet in height along any side or rear property lines which abut or adjoin property containing a residential use or residential zoning district. Apartment complexes, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.
22. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
23. Signage shall be consistent with the City's Sign Ordinance.
24. On-site parking shall be provided in accordance with the City of Laredo Land Development Code.
25. There shall be no ground vibrations created or sustained on the site which are perceptible without instruments at any point on any property adjoining the subject property.
26. The proposed use shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy with Occupant Load issued to the CUP business holder.
27. The proposed use shall, during all hours of operation, maintain, free from obstruction or impediment to full instant use in the case of fire or other emergency, all exit accesses, exits or exit discharges.
28. The proposed use shall undergo an annual Fire Inspection.
29. All permits, licenses, certifications and inspections required by the codes and ordinances of the City of Laredo shall be kept up to date and current including but not limited to: a. Food Manager License (annual), b. Food Handler's Permit (annual), c. Certificate of Occupancy with Occupant Load. Occupant Load being the approved capacity of a building or portion thereof.
30. Owner shall comply with Building, Health, Safety, Fire, Environmental, and all applicable codes and regulations as required.
31. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
No. The principle use of a convenience store and gas station has been established.
Would this change create an isolated zoning district unrelated to surrounding districts?
The zoning will not change.
Will change adversely influence living conditions in the neighborhood?
No. It is not anticipated to have a negative impact in the surrounding neighborhood since the primary use will be convenience store and gas station.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The existing B-1 does not allow for an on-premise alcohol consumption as intended by the applicant.
end