SUBJECT
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Amending the Zoning Ordinance (Map) of the City of Laredo by amending Ordinance 2022-O-185, which authorized a Special Use Permit for a restaurant serving alcohol on Lot 5A, Block 1, Encino Plaza Subdivision, Unit 2A, located at 7518 McPherson Road, Suite 510 (4,176 square feet) in order to remove Cosmos Bar and Grill and Encino Plaza, Incorporated and replace with Cosmos Bar & Grill-Lombrana Properties as the parties to whom the permit is issued and to amend the site plan to add additional square footage.
ZC-055-2026
District V
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PREVIOUS COUNCIL ACTION
On June 20, 2016, the City Council made a motion to approve a Special Use Permit (SUP) for a restaurant serving alcohol.
On October 17, 2022, the City Council made a motion to approve a Special Use Permit Amendment on the condition of keeping the original hours of operation from 11:00am to 2:00am.
On November 7, 2022, the City Council made a motion to approve a Special Use Permit Amendment in order to remove Junction Partners, Limited and Encino Plaza, Limited for Cosmos Bar and Grill Restaurant and replace with Cosmos Bar and Grill and Encino Plaza, Incorporated.
BACKGROUND
Initiated by: Lombrana Properties, Owner; Gerardo Pinzon, Applicant/Representative
Council District: V - Cm. Ruben Gutierrez, Jr.
Proposed Use: The proposed use is for a restaurant serving alcohol.
Minimum Zoning District Required for Proposed Use: B-1 (Limited Commercial District) zoning district.
Current Zoning District: B-3 (Community Business District) zoning district
Site: The site is currently occupied Cosmos Bar & Grill.
Surrounding Land Uses: To the north of the site is vacant undeveloped land, Del Mar Boulevard, Walgreens, Bank of America, a commercial structure that includes Chipotle, Great Clips, Menta Dentistry, and Urgent Care, and China Express. To the east of the site is Quick Quack Car Wash, Laredo Emergency Room, and McPherson Road. To the south of the site is vacant commercial building, IBC Bank and ATM, Welby Court, and a family practice. To the west of the site is Merlin Road, single-family residential uses, and townhomes.
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.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 28 In Favor: 0 Opposed: 0
Staff supports the proposed zone change for the following reasons:
1. All conditions other than the non-transferable/issuance and the square footage addition clauses shall remain the same.
2. No citations have been issued to this location for non-compliance with the existing conditions and any other city regulations
Notice to the owner/applicant:
1. The approval of the zone change does not guarantee the issuance of the building permit and requires full compliance with all applicable municipal codes and regulations.
If approved, Staff recommends the continuance of the following provisions from the existing Ordinance 2022-O-185, except the whom the SUP is issued to and the addition of the square footage:
1. REMOVE: The Special Use Permit is issued to Cosmos Bar & Grill and Encino Plaza, Inc., and is non-transferable.
ADD: The Special Use Permit is issued to Cosmos Bar & Grill - Lombrana Properties, and is non-transferable.
2. REMOVE: The Special Use Permit is restricted to 3,700 S.F. of area on Building C, Suite 510, as per the site plan, Exhibit “A”, which is made part hereof for all purposes.
ADD: The Special Use Permit is restricted to 4,176 square feet of area on Building C, Suite 510, as per the site plan, “Exhibit A-1”, which is made part hereof for all purposes.
3. The Special Use Permit is restricted to a restaurant serving alcohol and hours of operation from Monday through Sunday from 11:00 a.m. through 2:00 a.m.
4. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
5. Signage shall be consistent with the City's Sign Ordinance and TABC rules or regulations.
6. Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.
7. REMOVE: Ambient low level music is permitted. KEEP: Live music and speakers shall be prohibited and 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.
ADD: 8. There shall not be any outdoor amplified music, use of any outdoor amplified sound system, excessively loud generators, outdoor speakers, and/or any outdoor moving or flashing lights. The applicant must comply with all city noise ordinances and all provisions of the City of Laredo Code of Ordinances.
9. At all times the restaurant is open to the public for business; it shall continually maintain and serve food from its full service menu.
10. The restaurant shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy with Occupant Load issued to SUP business holder.
11. 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.
12. The restaurant shall undergo an annual Fire Inspection.
13. 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 Food Manager License (annual), Food Handler's Permit (annual), and Certificate of occupancy with Occupant Load, Occupant Load being the approved capacity of a building or portion thereof.
14. Landscaping of property shall be provided in accordance with the City of Laredo Land Development Code.
15. Lighting of property shall be screened and face inward to avoid adverse impact on adjacent residential neighborhoods.
16. Owner shall provide a 7' high opaque fence along property lines which abut or adjoin any residential zones/uses.
17. Owner shall comply with, Building, Health, Life and Safety, and all applicable codes and regulations as required.
18. The Restaurant shall maintain and comply with the BLUE Gun Sign regulations as per TABC (not to exceed the required alcohol sales percentages).
19.The restaurant shall provide the City of Laredo, Planning Department with a copy of the current TABC License to include but not limited to any renewals or amendments as they occur.
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the special use permit amendment.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS.
Is this change contrary to the established land use pattern?
No. There are restaurants within the vicinity 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?
Possibly. There are outdoor speakers that may pose as noise nuisance to the neighbors to the west of the site.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The existing zone does not allow for a restaurant serving alcohol as intended by the applicant.
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