SUBJECT
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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 5, Block 1, Trautmann M & I Subdivision located at 8601 McPherson Road.
ZC-063-2025
District VI
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PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated by: Mei Wah, Inc., Owner; Evelin M. Ceniceros Mujica, Applicant; Gustavo Guerrero, Representative
Council District: VI - Dr. David Tyler King
Proposed Use: The proposed use is for a restaurant serving alcohol.
Site: The site is currently occupied by a commercial structure.
Minimum Zoning District Required for Proposed Use: B-1 (Limited Commercial District) with a special use permit.
Current Zoning District: B-3 (Community Business District)
Surrounding Land Uses: To the north of the site is Rodriguez Antonio C MD FAAP, Purvi Gala(Optometrist), and Raul's BBQ. To the east of the site is single family residential uses. To the south of the site is a commercial plaza which includes, Que Sabrossas, Laredo Tactical, Cinco Villa, etc. To the west of the site is McPherson Road.
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 Major Arterial.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 23 In Favor: 0 Opposed: 0
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, B-3 districts that wish to serve alcoholic beverages. The property is in a B-3 (Community Business District) zoning district.
Staff supports the proposed special use permit for the following reasons:
1. The proposed use meets the required parking requirement as per the Laredo Land Development Code Section 27.78.3.
- Total parking spaces required for the proposed restaurant serving alcohol = 70 parking spaces
- Actual amount identified on site plan = 70 parking spaces
- Therefore, the proposed site meets the required parking spaces.
2. There are similar uses within the vicinity of the proposed site.
3. The proposed use is 75% in compliance with the distance requirement. There will not be an outdoor patio. Therefore, there will not be a noise nuisance to the surrounding neighborhood or area.
General Comments:
1. The approval of the special use permit does not guarantee the issuance of the building permit, certificate of occupancy, or any other permit which may be required.
2. Any use allowed under the current zone or proposed special use permit is required to abide by all relevant municipal codes.
If approved, Staff suggest the following conditions:
1. The Special Use Permit is issued to Evelyn M Ceniceros Mojica, and may only be transferred upon application to and with the express permission of the City Council.
2. The Special Use Permit is restricted to site plan, as per Exhibit A, which is made part hereof for all purposes.
3. The hours of operation shall be limited to, from Sunday to Thursday 11:00am to 12:00am (midnight) and Friday to Saturday 11:00am to 1:00am.
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. The site plan submitted does not identify an outdoor patio. However, with or without an outdoor patio, there shall not be any outdoor speaker or outdoor music that is perceptible to any property adjoining the subject property.
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 a 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.
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 is similar uses 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 due to the single family residential uses to the east of the site.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The underlying zone requires the special use permit overlay to allow for a restaurant serving alcohol.
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