SUBJECT
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Amending the Zoning Ordinance (Map) of the City of Laredo by amending Ordinance 2023-O-011 which authorized a conditional use permit for an amusement redemption machine establishment on Lot 1A, Block 1, Anil Associates, Limited Liability Company, Phase 1, located at 9110 McPherson Road, Suite 1 (10,800 square feet) in order to remove the current parties and issue the conditional use permit to the property and to extend the current expiration date of the conditional use permit.
ZC-028-2026
District VI
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PREVIOUS COUNCIL ACTION
On July 20, 2009, City Council made a motion to approve a conditional use permit for an amusement redemption machine establishment for a one-year date of issuance.
On June 6, 2011, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment for a five-year date of issuance.
On May 31, 2016, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment for a ten-year date of issuance.
On September 14, 2016, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment for Suite 2.
On September 30, 2016, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment for Suite 1.
On August 6, 2018, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment in Suite 2 in order to change the tenant.
On February 6, 2023, City Council made a motion to approve a conditional use permit amendment for an amusement redemption machine establishment in Suite 1 in order to change the tenant.
BACKGROUND
Initiated by: Anil Gupta, Owner/Representative
Council District: VI - Dr. David Tyler King
Proposed Use: The proposed use is for an amusement redemption machine establishment.
Site: The site is currently occupied by a commercial structure (amusement redemption machine establishment and Crecer Daycare).
Surrounding Land Uses: To the north of the site is Tuscany Luxury Apartments, McPherson Road, O'Reilly Auto Parts, and a commercial structure that includes Jordan & Rullan Certified Public Accountants, Swisher and Martin Realty, Sonia's Beauty Salon, Relax Message, 50 Stars Nail & Spa, and other commercial businesses. To the east of the site is McPherson Road, Family Dollar, Yumm! Convenience Store, and single family residential uses. To the south of the site is Whataburger, Shiloh Drive, multi-family and single family residential uses, and a commercial structure that includes Domino’s Pizza, Pino Hamburger, Mario's Discount Liquid Store #3, and other commercial businesses. To the west of the site is vacant undeveloped land, We'll Wash Laundromat, and a commercial structure that includes Leonelo Cruz Real Estate, Laredo Family Foot Center, Ace Cleaners, and other commercial businesses.
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: 12 In Favor: 0 Opposed: 0
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-3 (Community Business District) zoning district.
Staff supports the proposed conditional use permit amendment to extend the current expiration date for the following reasons:
1. All conditions other than the amendment of the conditional use permit issuance extension shall remain the same.
2. No citations have been issued to this location for non-compliance with the existing conditions on the conditional use permit.
However, staff does not support removing the current parties from the conditional use permit for the following reasons:
1. Leaving the current owner and tenant names on the permit ensures continuity of accountability and aligns with the intent of the Code of Ordinances, providing clear identification of the responsible parties for compliance and enforcement purposes.
2. The Code of Ordinances, Section 18-2.4(f) - Restrictions, regulations, controls, and limitations, states, “The owner, operator, or manager of the licensed premises must be present to supervise the operation of the amusement redemption machine establishment…” This requirement ensures all activities conducted on the premises comply with applicable laws, regulations, and permit conditions.
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 2023-O-011, except the CUP extension:
1. The C.U.P. shall be issued to Anil Gupta and Jorge Vicencio Barcenas, and shall be transferable only with the approval of the City Council, and shall be subject to all conditions of the initial approval, and such other conditions as the City Council may require.
2. REMOVE: The C.U.P. is restricted to operating hours from 11:00 a.m. through 2:00 a.m.
ADD: The C.U.P. is restricted to operating hours from 10:00 a.m. through 11:00 p.m.
3. The C.U.P. is restricted to 10,800 square feet located within Suite 1 as per the site plan, Exhibit B, which is made part hereof for all purposes.
4. Signage is limited to that allowed in a B-3 District.
5. Owner shall provide parking places in compliance with Section 24.78 of the Laredo Land Development Code. ADA-compliant parking space(s) shall be required.
6. Off-site parking is prohibited.
7. Owner shall provide and maintain trees and shrubs in compliance with Section 24.83 of the Laredo Land Development Code.
8. Owner shall provide an opaque fence wall of not less than seven feet in height along property lines which abut or adjoin residential property or residential zoning district, in compliance with Section 24.79 of the Laredo Land Development Code.
9. Lighting of property shall be screened to avoid adverse impact on adjacent residential uses.
10. Outdoor music and speakers shall be prohibited and there shall be no ground vibrations created or sustained on this site which are perceptible without instruments at any point on any property adjoining this property.
11. The sale and consumption of alcohol on premises is prohibited.
12. Owner shall make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
13. Owner shall comply with all Building, Fire and Life Safety Code Regulations as required.
14. Strobe lights, flashing lights, and any other outdoor lighting designed to attract attention are prohibited.
15. Banners and window signs are prohibited.
16. REMOVE: The C.U.P. shall be issued for ten (10) years from date of issuance.
ADD: The C.U.P. amendment shall be extended for an additional ten (10) years from the date of issuance.
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the conditional use permit amendment.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
No. There is an array of different commercial uses near the location of the proposed use.
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. The proposed conditional use permit amendment is not anticipated to have a negative impact with the surrounding area or neighborhoods as the proposed use has been in existence for more than 10 years.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes. The existing zone does not allow for an amusement redemption machine establishment and needs to a conditional use permit amendment as intended by the applicant.
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