SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a special use permit amendment for a restaurant serving alcohol on Lot 3, Block 1, Del Mar North Filing No. 1 Subdivision, located at 7718 McPherson Road, Suite 106.
ZC-069-2025
District V
body
PREVIOUS COUNCIL ACTION
On December 02, 2024, City Council made a motion to approve a special use permit for a restaurant serving alcohol for La Parroquia. (Ordinance Number 2024-O-263)
BACKGROUND
Initiated by: Antonio E. Mancera Owner, and Joeman Property Management LLC; and Carlos Valencia, Applicant and Representative
Council District: V- Ruben Gutierrez, Jr.
Proposed Use: The proposed use is to amend an existing special use permit for La Parroquia
Minimum Zoning Required for Proposed Use: B-4 (Highway Commercial District) zoning district.
Current Zoning: The current zoning at this location is B-3 (Community Business District) zoning district.
Site: The site is currently occupied by La Parroquia, Any Time Fitness, and Dunkin Donuts
The proposed amendments for Ordinance 2024-O-263 are as follows:
1. Hours of operation: Amend the hours of operation of Monday to Sunday, from 8:00 a.m. to 3:00 p.m. to Monday to Sunday, from 8:00 a.m. to 12:00 a.m. (midnight).
Citations:
No citations have been issued.
Surrounding Land Uses: To the north of the site is Anytime Fitness, Falcon International Bank, Tensai Sushi Restaurant, San Telmo Argentinean Steakhouse, Border Foundry Restaurant and Bar, Candy Nail Bar, Quintanilla Law, other commercial businesses and single family residential uses. To the east of the site are McPherson Road, H-E-B, H-E-B Fuel, McDonald's, Tremendo Taco, Starbucks Coffee, Crumbl Cookie, Mattress Firm, GNC, Woof gang Bakery & Grooming, AT&T Store, Moore Jewlers and other commercial businesses. To the south of the site are Del Mar Boulevard, Valero, Dos Maria Kitchen, Wendy's, Tono's Bar & Grill, The Sweet Pastry Shoppe, Bank of America, Chipotle Mexican Grill, and other commercial businesses. To the west of the site are Eden Lane, United Middle School 6th Grade Campus, and United ISD baseball and football fields.
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: 43 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-3 (Community Business District) zoning district.
Staff supports the proposed special use permit amendment at this location for the following reasons:
1. All conditions other than the amendment of the hours of operation shall remain the same.
If approved, Staff recommends the continuance of the following provisions from the existing Ordinance 2024-O-263, except the amendment of the hours of operation:
1. The Special Use Permit is issued to Carlos Valencia/La Parroquia, 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 2,348 square feet located within Suite 106, as per Exhibit A, which is made part hereof for all purposes.
3. TO BE DELETED: The hours of operation shall be limited to, from Monday to Sunday, from 8:00 a.m. to 3:00 p.m.
3. TO BE ADDED: The hours of operation shall be limited to, from Monday to Sunday, from 8:00 a.m. to 12:00 a.m. (midnight)
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 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. 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. Any outdoor music shall be at the decibel levels stated in the City of Laredo Code of Ordinances, Article XI, Noise Nuisances.
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 to 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 Director of Building Services) 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 Director. 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 approval of the special use permit does not guarantee the issuance of the building permit.
22. 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 amendment.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
No, there are similar uses (restaurants serving alcohol) near the proposed 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.
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.
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