SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a special use permit for a restaurant serving alcohol on Lot 6, Block 1, San Isidro McPherson Subdivision, Phase IV, Cantera Court, located at 9810 McPherson Road.
ZC-015-2026
District VI
body
PREVIOUS COUNCIL ACTION
On April 7, 1997, the City Council approved of the zone change request from AG to B-1 and R-O. (Ordinance Number 97-O-077)
BACKGROUND
Initiated by: Pizza Hut of South Valley LP, Owner; Ayva Pizza LLC, Applicant; and Shoukatali Dhanani, Representative
Council District: VI- Dr. Tyler King
Proposed Use: The proposed use is a special use permit for a Restaurant Serving Alcohol (Pizza Hut)
Minimum Zoning Required for Proposed Use: B-4 (Highway Commercial District) zoning district.
Current Zoning: The current zoning at this location is B-1 (Limited Business District) zoning district.
Site: The site is currently occupied by Pizza Hut Restaurant.
Surrounding Land Uses: To the north of the site is Sonterra Drive, Taco Palenque, Yun Cuisine, Delgado Insurance Agency, Tots to Teens Pediatric Dentistry & Orthodontics, and multi family residential uses. To the east of the site is McPherson Road, Laredo Medical Center, Geo Mortgage, SLAY Architecture, Texas Elite Realty Group, and Allied Universal Security Services. To the south of the site is Cantera Court, La Vida Food Truck, Savora Café Brunch, Melskitchenservices, Horikawa Tattoo and Piercing Studios, Blue Moon Country Bar & Patio, and multi family residential uses.
Citations, Warnings, and/or Violations: There are currently no citations, warnings, and/or violations.
Comprehensive Plan: The Future Land Use Map recognizes this area as Neighborhood Mixed Use.
https://www.openlaredo.com/planning/
2017_Comprehensive_Plan-Viva_Laredo.pdf#page=39
Transportation Plan: The Long Range Thoroughfare Plan identifies McPherson Road as a Major Arterial and Cantera Court as a Local Street.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 15 In Favor: 0 Opposed: 0
STAFF COMMENTS:
A Special Use Permit is used for those types of uses that warrant individual attention on a case by case basis and should not be categorized in a zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects, such as time, fencing, setbacks, landscaping, etc. A Special Use Permit is required for those restaurants located in R-O, B-1, or B-3 districts that wish to serve alcoholic beverages. The property is in a B-1 (Limited Business District) zoning district.
Staff supports the proposed special use permit at this location for the following reasons:
1. Although the site does not meet the minimum distance requirement of 300 feet as per the Laredo Land Development Code Section 24.93.7, subsection (1), it is not anticipated to have a negative impact in the surrounding area or neighborhood because there will be no outdoor patio.
- The measurement is to be made from the front door of the establishment serving alcohol to the nearest property line (by shortest route) to the front door of the church, public school, entrance to the public park, front door of the residential structure or zoning district boundary and in a direct line across intersections wherever they occur and consistent with the measurement methodology as has been adopted by the Texas Alcoholic Beverage Commission.
- The distance to the nearest residential zoning district is approximately 162 feet.
2. The proposed use is compatible with the area since there are similar uses within the vicinity.
If approved, Staff suggests the following conditions:
1. The Special Use Permit is issued to Pizza Hut #39502, and may only be transferred upon application to and with the express permission of the City Council.
2. The hours of operation shall be limited to, Sunday through Thursday 10:30 a.m. to 11:00 p.m and Friday through Saturday 10:30 a.m. to 12:00 a.m.
3. An outdoor patio and/or outdoor seating is prohibited.
4. Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.
5. Landscaping shall be provided in accordance with the City of Laredo Land Development Code.
6. 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 in 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.
7. Establishments must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
8. Signage shall be consistent with the City’s Sign Ordinance and TABC rule or regulation.
9. Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.
10. Outdoor music and speakers are prohibited. The property owner must comply with all City Noise Ordinances provisions of the City of Laredo Code of Ordinances.
11. At all times the restaurant is open to the public for business, it shall continually maintain and serve food from its full-service menu.
12. The restaurant shall not exceed the “Occupant Load” as set forth in the Certificate of Occupancy with Occupant Load.
13. The restaurant 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.
14. The restaurant shall undergo an annual Fire Inspection.
15. 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.
16. Owner shall comply with, Building, Health, Safety, and all applicable codes and regulations as required.
17. The restaurant shall maintain and comply with the BLUE Gun Sign regulations as per TABC (not exceed the required alcohol sales percentage).
18. The restaurant shall provide the City of Laredo, Building Development Services Department with a copy of the current TABC License to include but not limited to any renewals or amendments as they occur.
19. A business entity, which has been granted an SUP, is required to report (on a form approved by the Building Official of designee) any change in the entity’s ownership status which occurs by virtue of the transfer of a majority of its stock or a majority of its membership interest to the City of Laredo Building Services Building Official or designee. Any change in ownership interest shall be deemed a transfer of the business and shall require Council approval of the transfer of the existing SUP.
20. Failure to comply (# 19 condition) above, shall render the existing SUP null, void and of no force or effect.
21. The use authorized by the special use permit is required to abide by all relevant municipal codes.
Notice to the owner/applicant:
1. The approval of the special use permit does not guarantee the issuance of a building permit and requires full compliance with all applicable permanent codes and regulations.
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the special use permit.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
There are multi-family residential uses to the south and west of the site and a bar to the south of the site.
Would this change create an isolated zoning district unrelated to surrounding districts?
No, the zone will not change.
Will change adversely influence living conditions in the neighborhoods?
No, it is not anticipated to have a negative impact in the surrounding area or neighborhood because there will be no outdoor patio.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes, the underlying zone requires the SUP overlay to allow for a restaurant serving alcohol as intended by the applicant.
end